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SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Liberian Refugee Immigration
Fairness Act of 1999''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Attorney General shall adjust
the status of an alien described in subsection (b) to
that of an alien lawfully admitted for permanent
residence, if the alien--
(i) applies for adjustment before April 1,
2001; and
(ii) is otherwise eligible to receive an
immigrant visa and is otherwise admissible to
the United States for permanent residence,
except that, in determining such admissibility,
the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), and (7)(A) of
section 212(a) of the Immigration and
Nationality Act shall not apply.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Attorney General finds that the alien has been
convicted of--
(i) any aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)); or
(ii) two or more crimes involving moral
turpitude.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1), if otherwise
qualified under that paragraph. Such an alien may not be
required, as a condition on submitting or granting such
application, to file a separate motion to reopen, reconsider,
or vacate such order. If the Attorney General grants the
application, the Attorney General shall cancel the order. If
the Attorney General makes a final decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided by subsection (a)
shall apply to any alien--
(A) who is--
(i) a national of Liberia; and
(ii) has been continuously present in the
United States from January 1, 1999, through the
date of application under subsection (a); or
(B) who is the spouse, child, or unmarried son or
daughter of an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1), an alien shall not be
considered to have failed to maintain continuous physical
presence by reasons of an absence, or absences, from the United
States for any period or periods amounting in the aggregate to
not more than 180 days.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien who is subject to a final order of
deportation or removal or exclusion to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order an alien to be removed from the United
States if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and has applied for
adjustment of status under subsection (a), except where the
Attorney General has made a final determination to deny the
application.
(3) Work authorization.--The Attorney General may authorize
an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States
during the pendency of such application and may provide the
alien with an ``employment authorized'' endorsement or other
appropriate document signifying authorization of employment,
except that, if such application is pending for a period
exceeding 180 days and has not been denied, the Attorney
General shall authorize such employment.
(d) Record of Permanent Residence.--Upon approval of an alien's
application for adjustment of status under subsection (a), the Attorney
General shall establish a record of the alien's admission for permanent
record as of the date of the alien's arrival in the United States.
(e) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the Attorney
General as to whether the status of any alien should be adjusted under
this section is final and shall not be subject to review by any court.
(g) No Offset in Number of Visas Available.--Whenever an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in the Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, function, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible. | Liberian Refugee Immigration Fairness Act of 1999 - Provides for the permanent resident adjustment of status of certain Liberian nationals present in the United States. | {"src": "billsum_train", "title": "Liberian Refugee Immigration Fairness Act of 1999"} | 1,314 | 36 | 0.507986 | 1.259613 | 0.875507 | 2.538462 | 47.115385 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Freedom Act of 2010''.
SEC. 2. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND
CORPORATIONS.
(a) Zero Percent Capital Gains Rate for Individuals.--
(1) In general.--Paragraph (1) of section 1(h) of the
Internal Revenue Code of 1986 is amended by striking
subparagraph (C), by redesignating subparagraphs (D) and (E)
and subparagraphs (C) and (D), respectively, and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable income);''.
(2) Alternative minimum tax.--Paragraph (3) of section
55(b) is amended by striking subparagraph (C), by redesignating
subparagraph (D) as subparagraph (C), and by amending
subparagraph (B) to read as follows:
``(B) 0 percent of the adjusted net capital gain
(or, if less, taxable excess), plus''.
(3) Repeal of sunset of reduction in capital gains rates
for individuals.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 shall not apply to section 301 of
such Act.
(b) Zero Percent Capital Gains Rate for Corporations.--
(1) In general.--Section 1201 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (b) as
subsection (c), and by striking subsection (a) and inserting
the following new subsections:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax
is less than the tax imposed by such sections) which shall consist of
the sum of--
``(1) a tax computed on the taxable income reduced by the
amount of the net capital gain, at the rates and in the manner
as if this subsection had not been enacted,
``(2) 0 percent of the adjusted net capital gain (or, if
less, taxable income),
``(3) 25 percent of the excess (if any) of--
``(A) the unrecaptured section 1250 gain (or, if
less, the net capital gain (determined without regard
to subsection (b)(2)), over
``(B) the excess (if any) of--
``(i) the sum of the amount on which tax is
determined under paragraph (1) plus the net
capital gain, over
``(ii) taxable income, plus
``(4) 28 percent of the amount of taxable income in excess
of the sum of the amounts on which tax is determined under the
preceding paragraphs of this subsection.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) In general.--The terms `adjusted net capital gain'
and `unrecaptured section 1250 gain' shall have the respective
meanings given such terms in section 1(h).
``(2) Dividends taxed at net capital gain.--Except as
otherwise provided in this section, the term `net capital gain'
has the meaning given such term in section 1(h)(11).''.
(2) Alternative minimum tax.--Section 55(b) of such Code is
amended by adding at the end the following new paragraph:
``(4) Maximum rate of tax on net capital gain of
corporations.--The amount determined under paragraph (1)(B)(i)
shall not exceed the sum of--
``(A) the amount determined under such paragraph
computed at the rates and in the same manner as if this
paragraph had not been enacted on the taxable excess
reduced by the net capital gain, plus
``(B) the amount determined under section 1201.''.
(3) Technical amendments.--
(A) Section 1202(a) of such Code is amended by
striking ``50 percent'' and inserting ``100 percent''.
(B) Section 1445(e)(1) of such Code is amended by
striking ``35 percent (or, to the extent provided in
regulations, 15 percent)'' and inserting ``0 percent''.
(C) Section 1445(e)(2) of such Code is amended by
striking ``35 percent'' and inserting ``0 percent''.
(D) Section 7518(g)(6)(A) of such Code is amended
by striking ``15 percent (34 percent in the case of a
corporation)'' and inserting ``0 percent''.
(E) Section 607(h)(6)(A) of the Merchant Marine
Act, 1936 is amended by striking ``15 percent (34
percent in the case of a corporation)'' and inserting
``0 percent''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2009.
(2) Withholding.--The amendments made by subparagraphs (A)
and (B) of subsection (b)(3) shall take apply to dispositions
and distributions after the date of the enactment of this Act.
SEC. 3. REDUCTION IN CORPORATE INCOME TAX RATES.
(a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 12.5 percent of taxable income.''.
(b) Conforming Amendments.--
(1) Section 55(b)(1)(B)(i) of such Code is amended by
striking ``20 percent'' and inserting ``12.5 percent''.
(2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended
by striking ``maximum rate of tax under section 11(b)(1)'' and
inserting ``rate of tax under section 11(b)''.
(3) Section 832(b)(1) of such Code is amended by striking
``rates provided in section 11(b)'' and inserting ``rate
provided in section 11(b)''.
(4) Sections 244(a)(2)(B), 247(a)(2)(B), 527(b)(1), 835(e),
852(b)(1), 857(b)(4)(A), 860G(c)(1), 904(b)(3)(E)(ii)(II), and
1375(a) of such Code is amended by striking ``highest rate of
tax'' and inserting ``rate of tax''.
(5) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii),
860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and
7874(e)(1)(B) of such Code are each amended by striking
``highest rate of tax specified in section 11(b)(1)'' and
inserting ``rate of tax specified in section 11(b)''.
(6) Section 904(b)(3)(D)(ii) of such Code is amended by
striking ``(determined without regard to the last sentence of
section 11(b)(1))''.
(7) Section 962 of such Code is amended by striking
subsection (c) and by redesignating subsection (d) as
subsection (c).
(8) Section 1201(a) of such Code is amended--
(A) by striking ``35 percent (determined without
regard to the last 2 sentences of section 11(b)(1))''
and inserting ``15 percent'', and
(B) by striking ``35 percent'' in paragraph (2) and
inserting ``15 percent''.
(9) Section 1561(a) of such Code is amended--
(A) by striking paragraph (1) and by redesignating
paragraphs (2), (3), and (4) as paragraphs (1), (2),
and (3), respectively,
(B) by striking ``The amounts specified in
paragraph (1), the'' and inserting ``The'',
(C) by striking ``paragraph (2)'' and inserting
``paragraph (1)'',
(D) by striking ``paragraph (3)'' both places it
appears and inserting ``paragraph (2)'',
(E) by striking ``paragraph (4)'' and inserting
``paragraph (3)'', and
(F) by striking the fourth sentence.
(10) Subsection (b) of section 1561 of such Code is amended
to read as follows:
``(b) Certain Short Taxable Years.--If a corporation has a short
taxable year which does not include a December 31 and is a component
member of a controlled group of corporations with respect to such
taxable year, then for purposes of this subtitle, the amount to be used
in computing the accumulated earnings credit under section 535(c)(2)
and (3) of such corporation for such taxable year shall be the amount
specified in subsection (a)(1) divided by the number of corporations
which are component members of such group on the last day of such
taxable year. For purposes of the preceding sentence, section 1563(b)
shall be applied as if such last day were substituted for December
31.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. ESTATE TAX REPEAL MADE PERMANENT.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 shall not apply to title V of such Act.
SEC. 5. ELECTION TO EXPENSE BUSINESS ASSETS.
(a) In General.--Section 179 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS.
``(a) Treatment as Expenses.--A taxpayer may elect to treat the
cost of any property to which this section applies as an expense which
is not chargeable to capital account. Any cost so treated shall be
allowed as a deduction for the taxable year in which such property is
placed in service.
``(b) Property to Which Section Applies.--
``(1) In general.--This section shall apply to property--
``(A) which is--
``(i) tangible property (to which section
168 applies), or
``(ii) computer software (as defined in
section 197(e)(3)(B)) which is described in
section 197(e)(3)(A)(i), to which section 167
applies,
``(B) which is section 1245 property (as defined in
section 1245(a)(3)) or 1250 property (as defined in
section 1250(c)), and
``(C) which is acquired by purchase for use in the
active conduct of a trade or business.
Such term shall not include any property described in section
50(b) and shall not include air conditioning or heating units.
``(2) Purchase defined.--For purposes of paragraph (1), the
term `purchase' means any acquisition of property, but only
if--
``(A) the property is not acquired from a person
whose relationship to the person acquiring it would
result in the disallowance of losses under section 267
or 707(b) (but, in applying section 267(b) and (c) for
purposes of this section, paragraph (4) of section
267(c) shall be treated as providing that the family of
an individual shall include only his spouse, ancestors,
and lineal descendants),
``(B) the property is not acquired by one component
member of a controlled group from another component
member of the same controlled group, and
``(C) the basis of the property in the hands of the
person acquiring it is not determined--
``(i) in whole or in part by reference to
the adjusted basis of such property in the
hands of the person from whom acquired, or
``(ii) under section 1014(a) (relating to
property acquired from a decedent).
``(3) Cost.--For purposes of this section, the cost of
property does not include so much of the basis of such property
as is determined by reference to the basis of other property
held at any time by the person acquiring such property.
``(4) Controlled group defined.--For purposes of this
section, the term `controlled group' has the meaning assigned
to it by section 1563(a), except that, for such purposes, the
phrase `more than 50 percent' shall be substituted for the
phrase `at least 80 percent' each place it appears in section
1563(a)(1).
``(5) Coordination with section 38.--No credit shall be
allowed under section 38 with respect to any amount for which a
deduction is allowed under subsection (a).
``(6) Recapture in certain cases.--The Secretary shall, by
regulations, provide for recapturing the benefit under any
deduction allowable under subsection (a) with respect to any
property which is not used predominantly in a trade or business
at any time.
``(c) Election.--
``(1) In general.--An election under this section for any
taxable year shall--
``(A) specify the items of property to which the
election applies, and
``(B) be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year.
Such election shall be made in such manner as the Secretary may
by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section, and any specification contained in any such election,
may not be revoked except with the consent of the Secretary.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
SEC. 6. PAYROLL TAX DECREASE FOR 2010.
(a) Employees.--Section 3101 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of wages
received during calendar year 2010--
``(1) subsection (a) shall be applied by substituting `3.1
percent' for `6.2 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting
`0.725 percent' for `1.45 percent' in paragraph (6) thereof.''.
(b) Employers.--Section 3111 of such Code is amended by adding at
the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of wages paid
during calendar year 2010--
``(1) subsection (a) shall be applied by substituting `3.1
percent' for `6.2 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting
`0.725 percent' for `1.45 percent' in paragraph (6) thereof.''.
(c) Self-Employment.--Section 1401 of such Code is amended by
adding at the end the following new subsection:
``(d) Reduction in Tax Rate for 2010.--In the case of a taxable
year beginning in 2010--
``(1) subsection (a) shall be applied by substituting `6.2
percent' for `12.4 percent' in the table contained therein, and
``(2) subsection (b) shall be applied by substituting `1.45
percent' for `2.90 percent' in paragraph (6) thereof.''.
(d) Effective Date.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply with respect to
remuneration paid after December 31, 2009.
(2) Self-employment.--The amendment made by subsection (c)
shall apply to taxable years beginning after December 31, 2009.
SEC. 7. RESCISSION AND REPEAL IN ARRA.
(a) Rescission.--Of the discretionary appropriations made available
in division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), all unobligated balances are rescinded.
(b) Repeal.--Subtitles B and C of title II and titles III through
VII of division B of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) are repealed.
SEC. 8. TERMINATION OF TARP AUTHORITY.
Section 120 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5230) is amended to read as follows:
``SEC. 120. TERMINATION OF AUTHORITY.
``The authorities provided under sections 101(a), excluding section
101(a)(3), and 102 shall terminate on the date of the enactment of the
Economic Freedom Act of 2010.''.
SEC. 9. REQUIRING THE SALE OF STOCK AND WARRANTS RECEIVED UNDER TARP.
Not later than the end of the 1-year period beginning on the date
of the enactment of this Act, the Secretary of the Treasury shall sell
all stock and warrants acquired by the Secretary under the Troubled
Asset Relief Program under title I of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et seq.). | Economic Freedom Act of 2010 - Amends the Internal Revenue Code to: (1) eliminate the tax on the capital gains of individuals and corporations; (2) reduce the maximum corporate income tax rate to 12.5%; (3) allow a permanent and unlimited expensing allowance for depreciable business assets; and (4) reduce payroll tax rates for employers, employees, and self-employed individuals in 2010.
Makes permanent the repeal of the estate and generation-skipping transfer taxes.
Rescinds unobligated balances available in the American Recovery and Reinvestment Act of 2009. Repeals provisions of such Act relating to the Temporary Assistance to Needy Families program, economic recovery payments, premium assistance for COBRA (health insurance continuation benefits) payments, Medicare and Medicaid health information technology, state fiscal relief, broadband technology, and limits on executive compensation.
Amends the Emergency Economic Stabilization Act to repeal the authority for the Troubled Asset Relief Program (TARP).
Requires the Secretary of the Treasury to sell all stock and warrants acquired by the Secretary under TARP. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow the private sector to create robust levels of economic growth."} | 4,008 | 225 | 0.384669 | 0.975127 | 0.706451 | 2.155 | 17.305 | 0.765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Efficient Currency Act
of 1997''.
SEC. 2. FINDINGS.
The Congress hereby finds the following:
(1) The Government's inventory of $1 dollar coins bearing
the likeness of Susan B. Anthony has declined to 164,100,000
(as of February 28, 1997) from 868,000,000 $1 coins minted
between 1979 and 1981. This inventory declined by 64,600,000
coins in 1996, at which rate the Government's supply of Susan
B. Anthony dollar coins will be exhausted before September,
1999.
(2) The depletion of the supply of Susan B. Anthony dollar
coins demonstrates the need for a dollar coin, particularly
with mass transit authorities, vending machine companies, and
similar enterprises and their customers.
(3) Because of the similar silver color and reeded edge of
the Susan B. Anthony dollar coin and the quarter dollar, the
Susan B. Anthony dollar coin is not a well designed coin.
(4) Under current law, the Secretary of the Treasury is
required to mint Susan B. Anthony dollar coins to meet the
demands of commerce. In order to meet this demand without
interruption, the United States Mint will be required to order
equipment and materials in 1998 to begin making more Susan B.
Anthony dollar coins in early 1999.
(5) To deter the counterfeiting of United States currency,
the Secretary of the Treasury has begun a program to redesign
all United States currency. New design $100 Federal reserve
notes were issued on March 27, 1996. New design $50 Federal
reserve notes will be issued in September 1997. New design $20
Federal reserve notes will be issued in May, 1998. The
remaining new design Federal reserve notes will be issued at
approximately 9-month intervals.
(6) $1 Federal reserve notes are seldom counterfeited.
(7) New design $1 Federal reserve notes will cost in excess
of 4 cents each to print, and will last, on average, only 17
months. Newly designed $1 coins will cost about 8 cents each
and will last at least 30 years.
(8) Over the next 30 years, the American taxpayer will save
billions of dollars in materials and manufacturing costs by
replacing $1 Federal reserve notes with well designed $1 coins.
(9) The $1 bill has the same purchasing power as the
quarter did in 1970.
SEC. 3. $1 COINS.
(a) Color and Content.--Section 5112(b) of title 31, United States
Code, is amended--
(1) in the 1st sentence, by striking ``dollar,''; and
(2) by inserting after the 4th sentence the following new
sentence: ``The dollar coin shall be golden in color, have a
distinctive edge, have tactile and visual features that make
the denomination of the coin readily discernible, be minted and
fabricated in the United States, and have similar metallic,
anticounterfeiting properties as United States clad coinage in
circulation on the date of the enactment of the United States
Efficient Currency Act of 1997.''.
(b) Design.--Section 5112(d)(1) of title 31, United States Code, is
amended by striking out the 5th and 6th sentences and inserting the
following new sentence: ``The Secretary of the Treasury shall select
appropriate designs for the reverse and obverse sides of the dollar
coin.''.
(c) Effective Date.--
(1) In general.--Before the Government's current inventory
of $1 coins bearing the likeness of Susan B. Anthony is
depleted, the Secretary of the Treasury shall place into
circulation $1 coins authorized under subsection (a)(1) of
section 5112 of title 31, United States Code, which comply with
the requirements of subsections (b) and (d)(1) of such section
5112 (as amended by subsections (a) and (b) of this section).
(2) Numismatic sets.--The Secretary may include coins
referred to in paragraph (1) in any numismatic set produced by
the United States Mint before the date the coins are placed in
circulation.
(d) Increase Capacity.--The Secretary of the Treasury shall
increase capacity at United States Mint facilities to a level that
would permit the replacement of $1 Federal reserve notes.
SEC. 4. CEASING ISSUANCE OF $1 NOTES.
(a) Transition Period.--Federal reserve banks may continue to place
into circulation $1 Federal reserve notes until the earlier of--
(1) the date as of which the number of Susan B. Anthony
coins in circulation and the number of coins in circulation
which are minted in accordance with the amendments made by
section 3 total 1,000,000,000; or
(2) January 1, 2001.
(b) Prohibition on Issuance After Transition Period.--After the
earlier of the dates referred to in paragraphs (1) and (2) of
subsection (a), a Federal reserve bank may not order or place into
circulation any $1 Federal reserve note.
(c) Exception.--Notwithstanding subsection (b), the Secretary of
the Treasury shall produce only such Federal reserve notes of $1
denomination as the Board of Governors of the Federal Reserve System
orders from time to time to meet the needs of collectors of that
denomination. Such notes shall be issued by 1 or more Federal reserve
banks in accordance with section 16 of the Federal Reserve Act and sold
by the Secretary, in whole or in part, under procedures prescribed by
the Secretary.
SEC. 5. 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 contact under the authority of this Act from
complying with any law relating to equal employment opportunity. | United States Efficient Currency Act of 1997 - Amends Federal currency law to prescribe the color and content of one-dollar coins.
Instructs the Secretary of the Treasury to: (1) place certain authorized one-dollar coins into circulation before the government's current inventory of one-dollar coins bearing the likeness of Susan B. Anthony is depleted; and (2) increase capacity at U.S. Mint facilities to a level that permits replacement of one-dollar Federal reserve notes.
Prohibits a Federal reserve bank from placing into circulation any one-dollar Federal Reserve note after specified deadlines. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes (except for such quantities ordered by the Board of Governors of the Federal Reserve to meet collectors' needs). | {"src": "billsum_train", "title": "United States Efficient Currency Act of 1997"} | 1,272 | 169 | 0.530291 | 1.478382 | 0.727049 | 2.598684 | 7.960526 | 0.822368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High School Athletics Accountability
Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Participation in sports teaches youth critical life
skills and has a significant positive impact on all areas of
their lives, especially for girls.
(2) Participation in sports results in many long-term
physical and psychological health benefits for girls. For
instance--
(A) providing opportunities to play sports in
school is one key way to combat the rising rates of
childhood obesity, which is caused in large part by
physical inactivity;
(B) girls who participate in sports have lower
rates of heart disease, breast cancer, and
osteoporosis; and
(C) girls who participate in sports have higher
levels of confidence and self-esteem, lower levels of
depression, are less likely to be suicidal, and are
more likely to have a positive body image than female
non-athletes.
(3) Participation in sports promotes responsible social
behaviors and greater academic success among girls. For
instance--
(A) girls who participate in sports are more likely
to refrain from sexual activity, are more likely to
defer having sex until a later age and to have fewer
sex partners, and are half as likely to experience an
unintended pregnancy as compared to female non-
athletes;
(B) girls who participate in sports have higher
graduation rates, receive better grades, and score
higher on standardized tests than female students in
general;
(C) girls who participate in sports have more
positive attitudes towards science, a field
traditionally predominated by males;
(D) girls who participate in sports are less likely
to smoke or use illegal drugs;
(E) girls who participate in sports often have
strengthened family relationships, including with their
fathers and other male family members; and
(F) girls who participate in sports learn important
professional lessons that have a lifelong influence
(Eighty percent of women identified as key leaders in
Fortune 500 companies participated in sports while
growing up, and 82 percent of executive businesswomen
played sports, with the majority saying lessons learned
on the playing field contributed to their success in
business.).
(4) The opportunity to play sports in secondary school
helps many middle- and low-income students--who might otherwise
be unable to attend college--to gain access to higher
education.
(5) Physical inactivity is much more common among females
than males.
(6) Girls who are not involved in physical activity by age
10 have only a 10 percent chance of being athletic when they
are 25.
(7) Girls receive 1,100,000 fewer opportunities to play
high school sports than do boys, which translate into many lost
opportunities for athletic participation and scholarships.
(8) Several reports indicate that girls' teams often
receive inferior opportunities and benefits in other aspects of
athletics programs, including overall budgets; equipment;
uniforms; locker rooms and practice and competitive facilities;
scheduling of practices, games, and sports seasons; training
and medical services; coaches; and publicity.
(9) Students and parents should be aware of the athletic
opportunities and benefits that their schools provide to male
and female students.
(10) Without information about how athletic opportunities
and benefits are being allocated at the elementary and
secondary school level, students may be deprived of
opportunities to play sports and to attend college on an
athletic scholarship.
SEC. 3. DISCLOSURE OF STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.
Subpart 2 of part E of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at
the end the following:
``SEC. 9537. EQUALITY IN ATHLETIC PROGRAMS.
``(a) Report.--Each coeducational elementary or secondary school
that participates in any program under this Act and has an athletic
program, shall annually, for the immediately preceding academic year,
prepare a report that contains the following information:
``(1) The number of male and female students that attended
the school.
``(2) A listing of the teams that competed in athletic
competition and for each such team the following data:
``(A) The total number of participants as of the
day of the first scheduled contest for the team, and
for each participant an identification of such
participant's gender.
``(B) The year the team began.
``(C) The total budget and expenditures for the
team, including a listing of the following data:
``(i) The travel budget and expenditures.
``(ii) The equipment budget and
expenditures (including any equipment
replacement schedule).
``(iii) The uniform budget and expenditures
(including any uniform replacement schedule).
``(iv) The budget and expenditures for
facilities (including locker rooms, fields, and
gymnasiums) and their maintenance and repair.
``(v) The budget and expenditures for
training and medical facilities and services.
``(vi) The budget and expenditures for
publicity (including press guides, press
releases, game programs, and publicity
personnel) for competitions.
``(D) The total number of trainers and medical
personnel, and for each trainer or medical personnel an
identification of such person's--
``(i) gender;
``(ii) employment status (including whether
such person is employed full-time or part-time,
and whether such person is a head or assistant
trainer or medical services provider) and
duties other than providing training or medical
services; and
``(iii) qualifications, including whether
the person is a professional or student.
``(E) The total number of coaches, and for each
coach an identification of such coach's--
``(i) gender;
``(ii) employment status (including whether
such coach is employed full-time or part-time,
and whether such coach is a head or assistant
coach) and duties other than coaching; and
``(iii) qualifications, including whether
the person is a professional or student.
``(F) The total annual revenues generated by the
team (including contributions from outside sources such
as booster clubs), disaggregated by source.
``(G) The total number of competitions scheduled,
and for each scheduled competition an indication of
what day of the week and time the competition was
scheduled.
``(H) The total number of practices scheduled, and
for each scheduled practice an indication of what day
of the week and time the practice was scheduled.
``(I) The season in which the team competed.
``(J) Whether such team participated in postseason
competition, and the success of such team in any
postseason competition.
``(3) The average annual institutional salary attributable
to coaching of the head coaches of men's teams, across all
offered sports, and the average annual institutional salary
attributable to coaching of the head coaches of women's teams,
across all offered sports.
``(4) The average annual institutional salary attributable
to coaching of the assistant coaches of men's teams, across all
offered sports, and the average annual institutional salary
attributable to coaching of the assistant coaches of women's
teams, across all offered sports.
``(b) Special Rule.--For the purpose of reporting the information
described in paragraphs (3) and (4) of subsection (a), if a coach has
responsibilities for more than 1 team and the school does not allocate
such coach's salary by team, the school should divide the salary by the
number of teams for which the coach has responsibility and allocate the
salary among the teams on a basis consistent with the coach's
responsibilities for the different teams.
``(c) Disclosure of Information to Students and Public.--A
coeducational elementary or secondary school described in subsection
(a) shall--
``(1) make available to students and potential students,
upon request, and to the public, the information contained in
reports by the school under this section; and
``(2) ensure that all students at the school are informed
of their right to request such information.
``(d) Submission; Information Availability.--On an annual basis,
each coeducational elementary or secondary school described in
subsection (a) shall provide the information contained in each report
by the school under this section to the Commissioner for Education
Statistics not later than 15 days after the date that the school makes
such information available under subsection (c).
``(e) Duties of Commissioner for Education Statistics.--The
Commissioner for Education Statistics shall--
``(1) ensure that reports under this section are made
available to the public within a reasonable period of time; and
``(2) not later than 180 days after the date of the
enactment of the High School Athletics Accountability Act of
2004, notify all elementary and secondary schools in all States
regarding the availability of information under subsection (c)
and how such information may be accessed.''. | High School Athletics Accountability Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools, if they participate in any ESEA program, to: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available to their students and potential students, upon request, and to the public. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to direct certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes."} | 1,904 | 88 | 0.394014 | 1.116596 | 0.426111 | 3.148148 | 23.580247 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Net Price Calculator Improvement
Act''.
SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (6);
(2) in paragraph (2), by inserting before the period ``,
and, not later than 1 year after the date of enactment of the
Net Price Calculator Improvement Act, shall meet the
requirements of paragraph (4)(B)'';
(3) in paragraph (3), by inserting after the first sentence
the following: ``Not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, such
calculator shall meet the requirements of paragraph (4).''; and
(4) by inserting after paragraph (3) the following:
``(4) Minimum requirements for net price calculators.--Not
later than 1 year after the date of enactment of the Net Price
Calculator Improvement Act, a net price calculator for an
institution of higher education shall, at a minimum, meet the
following requirements:
``(A) The link for the calculator--
``(i) is clearly labeled as a `net price
calculator' and prominently, clearly, and
conspicuously (in such size and contrast (such
as shade) that it is readily noticeable and
readable) posted in locations on the
institution's website where information on
costs and aid is provided (such as financial
aid, prospective students, or tuition and fees
web pages);
``(ii) matches in size and font to the
other prominent links on the primary menu; and
``(iii) may also be included on the
institution's compliance web page, which
contains information relating to compliance
with Federal, State, and local laws.
``(B) The results screen for the calculator
specifies the following information:
``(i) The individual net price (as
calculated under paragraph (2)) for the
individual student, which is the most visually
prominent figure on the results screen.
``(ii) Cost of attendance, including--
``(I) tuition and fees;
``(II) average annual cost of room
and board for the institution for a
first-time, full-time undergraduate
student enrolled in the institution;
``(III) average annual cost of
books and supplies for a first-time,
full-time undergraduate student
enrolled in the institution; and
``(IV) estimated cost of other
expenses (including personal expenses
and transportation) for a first-time,
full-time undergraduate student
enrolled in the institution.
``(iii) Estimated total need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, that may be
available to the individual student, showing
the subtotal for each category and the total of
all sources of grant aid.
``(iv) Percentage of the first-time, full-
time undergraduate students enrolled in the
institution that received any type of grant aid
described in clause (iii).
``(v) The disclaimer described in paragraph
(6).
``(vi) In the case of a calculator that--
``(I) includes questions to
estimate a student's (or prospective
student's) eligibility for veterans'
education benefits (as defined in
section 480) or educational benefits
for active duty service members, such
benefits are displayed on the results
screen in a manner that clearly
distinguishes them from the grant aid
described in clause (iii); or
``(II) does not include questions
to estimate eligibility for the
benefits described in subclause (I),
the results screen indicates that
certain students (or prospective
students) may qualify for such benefits
and includes a link to information
about such benefits.
``(C) The institution populates the calculator with
data from not earlier than 2 academic years prior to
the most recent academic year.
``(5) Prohibition on use of data collected by the net price
calculator.--A net price calculator for an institution of
higher education shall--
``(A) clearly indicate which questions are required
to be completed for an estimate of the net price from
the calculator;
``(B) in the case of a calculator that requests
contact information from users, clearly mark such
requests as `optional';
``(C) prohibit any personally identifiable
information provided by users from being sold or made
available to third parties; and
``(D) clearly state `Any information that you
provide on this site is confidential. The Net Price
Calculator does not store your responses or require
personal identifying information of any kind.'.''.
SEC. 3. UNIVERSAL NET PRICE CALCULATOR.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)), as amended by section 2, is further amended by adding at the
end the following:
``(7) Universal net price calculator.--
``(A) In general.--The Secretary may develop a
universal net price calculator that--
``(i) enables users to answer one set of
questions and receive net prices for any
institution that is required to have a net
price calculator under this subsection;
``(ii) provides the information required
under subparagraphs (B) and (C) of paragraph
(4) for each institution for which a net price
is being sought;
``(iii) is developed in consultation with
the heads of relevant Federal agencies; and
``(iv) before being finalized and publicly
released, is tested in accordance with
subparagraph (B).
``(B) Consumer testing.--
``(i) In general.--If the Secretary
develops a universal net price calculator under
subparagraph (A), the Secretary, in
consultation with the heads of relevant Federal
agencies, shall establish a process to submit
the universal net price calculator developed
under this paragraph for consumer testing among
representatives of students (including low-
income students, first generation college
students, adult students, and prospective
students), students' families (including low-
income families, families with first generation
college students, and families with prospective
students), institutions of higher education,
secondary school and postsecondary counselors,
and nonprofit consumer groups.
``(ii) Length of consumer testing.--The
Secretary shall ensure that the consumer
testing lasts no longer than 6 months after the
process for consumer testing is developed under
clause (i).
``(iii) Use of results.--The results of
consumer testing under clause (i) shall be used
in the final development of the universal net
price calculator.
``(iv) Reporting requirement.--Not later
than 3 months after the date the consumer
testing under clause (i) concludes, the
Secretary shall submit to Congress the final
universal net price calculator and a report
detailing the results of such testing,
including whether the Secretary added any
additional items to the calculator as a result
of such testing.
``(v) Authority to modify.--The Secretary
may modify the definitions, terms, formatting,
and design of the universal net price
calculator based on the results of consumer
testing required under this paragraph and
before finalizing the calculator.
``(8) Report from secretary.--Not later than 1 year after
the date of enactment of the Net Price Calculator Improvement
Act, the Secretary shall submit a report to Congress on steps
taken to raise awareness of net price calculators among
prospective students and families, particularly among students
in middle school and high school and students from low-income
families.''. | Net Price Calculator Improvement Act - Amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that each institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's "net price" is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) Requires the link for the calculator to be clearly labeled and conspicuously posted on an IHE's website. Requires each calculator's results page to include: the individual net price of attending the IHE (the individual net price is calculated like the net price but takes into account the cost of attendance for, and aid available to, the individual student to the extent practicable); the cost of attending the IHE; the estimated total need- and merit-based grant aid from federal, state, and institutional sources that may be available to the individual student; the percentage of such students enrolled at the school who receive any of that grant aid; and a notice that an estimate of an individual's net price is non-binding and subject to change. Requires calculators that estimate a user's eligibility for veterans' education benefits or educational benefits for active duty service members to clearly distinguish those benefits from other grant-aid. Requires calculators that do not make such estimates to provide users with notice of, and a link to information concerning, those benefits. Directs IHEs to populate their calculators with data from not earlier than two academic years prior to the most recent academic year. Requires the calculators to: (1) clearly indicate which questions need to be completed for a net price estimate, (2) clearly mark requests for contact information as optional, (3) prohibit personally identifiable information from being sold or made available to third parties, and (4) clearly state that any information a user provides is confidential and that the calculator does not store responses or require personal identifying information. Authorizes the Secretary of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator. | {"src": "billsum_train", "title": "Net Price Calculator Improvement Act"} | 1,666 | 485 | 0.641518 | 2.193072 | 0.808959 | 2.506977 | 3.816279 | 0.865116 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation is a charitable and nonprofit
corporation and is not an agency or establishment of the United States.
(b) Purposes.--The purposes of the Foundation are--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, to develop a list and description of
programs, events and other activities which would further the
goals outlined in Executive Order 12345 and with respect to
which combined private and governmental efforts would be
beneficial; and
(2) to encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money and
other property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the United States
Public Health Service Gift Fund pursuant to section 2701 of the Public
Health Service Act (42 U.S.C. 300aaa) for expenditure pursuant to the
provisions of that section and consistent with the purposes for which
the funds were donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--The Foundation shall have a
governing Board of Directors (hereinafter referred to in this Act as
the ``Board''), which shall consist of nine Directors each of whom
shall be a United States citizen--
(1) three of whom must be knowledgeable or experienced in
one or more fields directly connected with physical fitness,
sports or the relationship between health status and physical
exercise; and
(2) six of whom must be leaders in the private sector with
a strong interest in physical fitness, sports or the
relationship between health status and physical exercise.
The membership of the Board, to the extent practicable, shall represent
diverse professional specialties relating to the achievement of
physical fitness through regular participation in programs of exercise,
sports and similar activities. The Assistant Secretary for Health, the
Executive Director of the President's Council on Physical Fitness and
Sports, the Director for the National Center for Chronic Disease
Prevention and Health Promotion, the Director of the National Heart,
Lung, and Blood Institute and the Director for the Centers for Disease
Control and Prevention shall be ex officio, nonvoting members of the
Board. Appointment to the Board or its staff shall not constitute
employment by, or the holding of an office of, the United States for
the purposes of any Federal employment or other law.
(b) Appointment and Terms.--Within ninety days from the date of
enactment of this Act, the Directors of the Board will be appointed.
The Directors shall serve for a term of six years; three of whom will
be appointed by the Secretary (hereinafter referred to in this Act as
the ``Secretary''); two by the majority leader of the Senate; one by
the minority leader of the Senate; two by the Speaker of the House of
Representatives; one by the minority leader of the House of
Representatives. A vacancy on the Board shall be filled within sixty
days of said vacancy in the manner in which the original appointment
was made, and shall be for the balance of the term of the individual
who was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairman.--The Chairman shall be elected by the Board from its
members for a two-year term and will not be limited in terms or
service.
(d) Quorum.--A majority of the current membership of the Board
shall constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairman at
least once a year. If a Director misses three consecutive regularly
scheduled meetings, that individual may be removed from the Board and
the vacancy filled in accordance with subsection 3(b).
(f) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Foundation, subject to the same limitations on
reimbursement that are imposed upon employees of Federal agencies.
(g) General Powers.--(1) The Board may complete the organization of
the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent with the
purposes of the Foundation and the provision of this Act. In
establishing bylaws under this subsection, and Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance, solicitation
and disposition of donations and grants to the Foundation; and
(C) undertaking such other acts as may be necessary to
carry out the provisions of this Act.
(2) The following limitations apply with respect to the appointment
of officers and employees of the Foundation:
(A) Officers and employees may not be appointed until the
Foundation has sufficient funds to pay them for their service.
No individual so appointed may receive pay in excess of the
annual rate of basic pay in effect for Executive Level V in the
Federal service.
(B) The first officer or employee appointed by the Board
shall be the Secretary of the Board who (i) shall serve, at the
direction of the Board, as its chief operating officer, and
(ii) shall be knowledgeable and experienced in matters relating
to physical fitness and sports.
(C) No Public Health Service employee nor the spouse or
dependent relative of such an employee may serve as an officer
or member of the Board of Directors or as an employee of the
Foundation.
(D) Any individual who is an officer, employee, or member
of the Board of the Foundation may not (in accordance with the
policies developed under subsection 3(g)(1)(B)) personally or
substantially participate in the consideration or determination
by the Foundation of any matter that would directly or
predictably affect any financial interest of the individual or
a relative (as such term is defined in section 109 (16) of the
Ethics in Government Act of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating for
employment, or in which the individual has any other financial
interest.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall have its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation. The
serving of notice to, or service of process upon, the agent
required under paragraph 4(a)(4), or mailed to the business
address of such agent, shall be deemed as service upon or
notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out its purposes under section 2, and subject
to the specific provisions thereof, the Foundation shall have the usual
powers of a corporation acting as a trustee in the District of
Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer, and use any gift, devise,
or bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of transfer
to sell, donate, lease, invest, reinvest, retain, or otherwise
dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
(d) Definitions.--For purposes of this Act, an interest in real
property shall be treated as including, among other things, easements
or other rights for preservation, conservation, protection, or
enhancement by and for the public of natural, scenic, historic,
scientific, educational, inspirational or recreational resources. A
gift, devise, or bequest may be accepted by the Foundation even though
it is encumbered, restricted, or subject to beneficial interests of
private persons if any current or future interest therein is for the
benefit of the Foundation.
SEC. 5. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the manner
provided for under section 7(c) of the Fish and Wildlife Act of 1956
(16 U.S.C. 742f(c)).
SEC. 6. AUDIT, REPORTING REQUIREMENTS AND PETITION TO ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of the Act entitled ``An Act for audit of
accounts of private corporations established under Federal law'',
approved August 30, 1964 (Public Law 88-504, 36 U.S.C. 1101-1103), the
Foundation shall be treated as a private corporation under Federal law.
The Inspector General of the Department of Health and Human Services
and the Comptroller General of the United States shall have access to
the financial and other records of the Foundation, upon reasonable
notice.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary of the Department of
Health and Human Services and to Congress a report of its proceedings
and activities during such year, including a full and complete
statement of its receipts, expenditures, and investments.
(c) Relief With Respect To Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with its purposes set
forth in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threatens to do so
the Attorney General of the United States may petition in the United
States District Court for the District of Columbia for such equitable
relief as may be necessary or appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized such sums as are necessary to carry out
the purposes of this Act: Provided, That, such sums are only available
to the Foundation for organizational costs. | National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable, nonprofit, non-U.S. corporation, to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Physical Fitness and Sports Foundation Establishment Act"} | 2,402 | 65 | 0.585362 | 1.429293 | 0.965408 | 3.653846 | 43.942308 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Big Oil Tax Subsidies Act of
2011''.
SEC. 2. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 is amended by striking ``major integrated
oil company'' and inserting ``covered large oil company''.
(b) Covered Large Oil Company.--Paragraph (5) of section 167(h) of
such Act is amended by redesignating subparagraph (B) as subparagraph
(C) and by inserting after subparagraph (A) the following new
subparagraph:
``(B) Covered large oil company.--For purposes of
this paragraph, the term `covered large oil company'
means a taxpayer which--
``(i) is a major integrated oil company, or
``(ii) has gross receipts in excess of
$50,000,000 for the taxable year.
For purposes of clause (ii), all persons treated as a
single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
(c) Conforming Amendment.--The heading for paragraph (5) of section
167(h) of such Code is amended by inserting ``and other large
taxpayers''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 3. 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) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to credits determined for taxable years beginning after December
31, 2011.
SEC. 4. 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) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2011.
SEC. 5. INTANGIBLE DRILLING AND DEVELOPMENT COSTS IN THE CASE OF OIL
AND GAS WELLS.
(a) In General.--Subsection (c) of section 263 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``This subsection shall not apply to amounts paid or incurred
by a taxpayer in any taxable year in which such taxpayer is not a
small, independent oil and gas company, determined by deeming all
persons treated as a single employer under subsections (a) and (b) of
section 52 as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred in taxable years beginning after December
31, 2011.
SEC. 6. 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) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--This section and section 611 shall not
apply to any taxpayer which is not a small, independent oil and
gas company for the taxable year.
``(2) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Conforming Amendment.--Section 613A(c)(1) of such Code is
amended by striking ``subsection (d)'' and inserting ``subsections (d)
and (f)''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 7. 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) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--
``(1) In general.--Subsection (a) shall not apply to any
taxpayer which is not a small, independent oil and gas company
for the taxable year.
``(2) Exception for qualified carbon dioxide disposed in
secure geological storage.--Paragraph (1) shall not apply in
the case of any qualified tertiary injectant expense paid or
incurred for any tertiary injectant is qualified carbon dioxide
(as defined in section 45Q(b)) which is disposed of by the
taxpayer in secure geological storage (as defined by section
45Q(d)).
``(3) Aggregation rule.--For purposes of paragraph (1), all
persons treated as a single employer under subsections (a) and
(b) of section 52 shall be treated as 1 person.''.
(b) Effective Date.--The amendment made by this section shall apply
to expenses incurred after December 31, 2011.
SEC. 8. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.
(a) In General.--Paragraph (3) of section 469(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(C) Exception for taxpayer who is not small,
independent oil and gas company.--
``(i) In general.--Subparagraph (A) shall
not apply to any taxpayer which is not a small,
independent oil and gas company for the taxable
year.
``(ii) Aggregation rule.--For purposes of
clause (i), all persons treated as a single
employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.''.
SEC. 9. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.
(a) In General.--Section 199 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Exception for Taxpayer Who Is Not Small, Independent Oil and
Gas Company.--Subsection (a) shall not apply to the income derived from
the production, transportation, or distribution of oil, natural gas, or
any primary product (within the meaning of subsection (d)(9)) thereof
by any taxpayer which for the taxable year is an oil and gas company
which is not a small, independent oil and gas company.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011.
SEC. 10. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR
INTEGRATED OIL COMPANIES.
(a) In General.--Section 472 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(h) Major Integrated Oil Companies.--Notwithstanding any other
provision of this section, a major integrated oil company (as defined
in section 167(h)) may not use the method provided in subsection (b) in
inventorying of any goods.''.
(b) Effective Date and Special Rule.--
(1) In general.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2011.
(2) Change in method of accounting.--In the case of any
taxpayer required by the amendment made by this section to
change its method of accounting for its first taxable year
beginning after the date of the enactment of this Act--
(A) such change shall be treated as initiated by
the taxpayer,
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account ratably over a period (not greater than 8
taxable years) beginning with such first taxable year.
SEC. 11. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL
CAPACITY TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Special Rules Relating to Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer to a foreign country or possession of the United
States for any period with respect to combined foreign oil and
gas income (as defined in section 907(b)(1)) shall not be
considered a tax to the extent such amount exceeds the amount
(determined in accordance with regulations) which would have
been required to be paid if the taxpayer were not a dual
capacity taxpayer.
``(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.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
December 31, 2011.
(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. | End Big Oil Tax Subsidies Act of 2011- Amends the Internal Revenue Code to require seven-year amortization of the geological and geophysical expenditures of covered large oil companies. Defines "covered large oil company" as a taxpayer which is a major integrated oil company or which has gross receipts in excess of $50 million in a taxable year.
Denies certain tax benefits to any taxpayer that is not a small, independent oil and gas company, including: (1) the tax credits for producing oil and gas from marginal wells and for enhanced oil recovery, (2) expensing of intangible drilling and development costs in the case of gas wells and geothermal wells, (3) percentage depletion, (4) the tax deduction for qualified tertiary injectant expenses, (5) the exemption from limitations on passive activity losses, and (6) the tax deduction for income attributable to domestic production activities.
Prohibits the use of the last-in, first-out (LIFO) accounting method by major integrated oil companies.
Limits or denies the foreign tax credit and tax deferrals for amounts paid or accrued by a dual capacity taxpayer to a foreign country or U.S. possession for any period with respect to combined foreign oil and gas income. Defines "dual capacity taxpayer" as a person who is subject to a levy of a foreign country or U.S. possession and receives (or will receive) directly or indirectly a specific economic benefit from such county or possession.. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal fossil fuel subsidies for large oil companies."} | 2,485 | 333 | 0.588093 | 1.811958 | 0.736826 | 3.719424 | 7.665468 | 0.884892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fixing America's Inequities with
Revenues Act of 2013'' or the ``FAIR Act of 2013''.
SEC. 2. DISTRIBUTION OF REVENUES TO COASTAL STATES.
Section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338)
is amended to read as follows:
``SEC. 9. DISPOSITION OF REVENUES.
``(a) Definitions.--In this section:
``(1) Alternative and renewable energy.--The term
`alternative and renewable energy' means energy derived from--
``(A) a wind, solar, renewable biomass, or ocean
(including tidal, wave, current, and thermal) source;
or
``(B) hydrogen derived from renewable biomass or
water using an energy source described in subparagraph
(A).
``(2) Coastal political subdivision.--The term `coastal
political subdivision' means a county-equivalent subdivision of
a coastal State all or part of which--
``(A) lies within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)); and
``(B) the closest point of which is not more than
200 nautical miles from the geographical center of any
leased tract.
``(3) Coastal state.--The term `coastal State' means a
State with a coastal seaward boundary within 200 nautical miles
distance of the geographical center of a leased tract in an
outer Continental Shelf area that is not a Gulf producing State
(as defined in section 102 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
432)).
``(4) Distance.--The terms `distance' and `distances' mean
minimum great circle distance and distances, respectively.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(b) Coastal State Revenue Sharing for Outer Continental Shelf
Energy Sources.--
``(1) In general.--Subject to the other provisions of this
section, for fiscal year 2013 and each subsequent fiscal year--
``(A) the Secretary of the Treasury shall deposit
in the Treasury, 37.5 percent of all revenues derived
from all rentals, royalties, bonus bids, and other sums
due and payable to the United States from energy
development on the outer Continental Shelf areas of
coastal States; and
``(B) the Secretary shall, in accordance with
subsection (b), disburse--
``(i) 27.5 percent of the revenues
described in subparagraph (A) to coastal States
and coastal political subdivisions; and
``(ii) 10 percent of the revenues to
coastal States that establish funds in the
treasuries of the coastal States to support
projects and activities relating to alternative
and renewable energy, energy research and
development, energy efficiency, or
conservation.
``(2) Exclusions.--The revenues described in paragraph (1)
do not include revenues generated from leases subject to
section 8(g).
``(3) Allocation among coastal states and coastal political
subdivisions.--
``(A) In general.--Subject to paragraph (2), for
each fiscal year, the amount made available under
subsection (a) from any lease shall be allocated to
each coastal State in amounts (based on a formula
established by the Secretary by regulation) that are
inversely proportional to the respective distances
between the point on the coastline of each coastal
State that is closest to the geographic center of the
applicable leased tract and the geographic center of
the leased tract.
``(B) Limitation.--The allocable share of a coastal
State is limited to the revenues collected from a
leased tract located no more than 200 nautical miles
from the coastline of the coastal State.
``(C) Payments to coastal political subdivisions.--
``(i) In general.--The Secretary shall pay
25 percent of the allocable share of each
coastal State, as determined under paragraph
(1), to the coastal political subdivisions of
the coastal State.
``(ii) Allocation.--The amount paid by the
Secretary to coastal political subdivisions
shall be allocated to each coastal political
subdivision in accordance with subparagraphs
(B) and (C) of section 31(b)(4) of the Outer
Continental Shelf Lands Act (43 U.S.C.
1356a(b)(4)).
``(iii) Exception for the state of
alaska.--For purposes of carrying out
subparagraph (A) in the State of Alaska, of the
amount paid by the Secretary to coastal
political subdivisions--
``(I) 90 percent shall be allocated
in amounts (based on a formula
established by the Secretary by
regulation) that are inversely
proportional to the respective
distances between the point in each
coastal political subdivision that is
closest to the geographic center of the
applicable leased tract and the
geographic center of the leased tract;
and
``(II) 10 percent shall be divided
equally among each coastal political
subdivision that--
``(aa) is more than 200
nautical miles from the
geographic center of a leased
tract; and
``(bb) the State of Alaska
determines to be a significant
staging area for oil and gas
servicing, supply vessels,
operations, suppliers, or
workers.
``(4) Administration.--The Secretary shall ensure that
revenues from all sources of alternative and renewable energy
leased, developed, or produced from any outer Continental Shelf
area are distributed among coastal States, coastal political
subdivisions, and Gulf producing States (as defined in section
102 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432)) in accordance with this
section.
``(c) Revenue Sharing for Certain Onshore Energy Sources.--The
Secretary of the Treasury shall disburse 50 percent of all revenues
derived from all rentals, royalties, bonus bids, rights-of-way, and
other amounts due and payable to the United States from the development
of alternative and renewable onshore energy sources to the State within
the boundaries of which the energy source is located.''.
SEC. 3. DISTRIBUTION OF REVENUES TO GULF PRODUCING STATES.
(a) Definition of Qualified Outer Continental Shelf Revenues.--
Section 102(9) of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) is amended--
(1) by striking subparagraph (A); and
(2) by inserting the following:
``(A) In general.--The term `qualified outer
Continental Shelf revenues' means all rentals,
royalties, bonus bids, and other sums due and payable
to the United States received on or after October 1,
2012, from leases entered into on or after the date of
enactment of Public Law 109-432 for--
``(i) the 181 Area;
``(ii) the 181 South Area; and
``(iii) the 2002-2007 planning area.''.
(b) Disposition of Qualified Outer Continental Shelf Revenues.--
Section 105 of the Gulf of Mexico Energy Security Act of 2006 (43
U.S.C. 1331 note; Public Law 109-432) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``2016'' and inserting ``2012''; and
(ii) in subparagraph (A), by striking
``2016'' and inserting ``2012''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``2017'' and inserting ``2013''; and
(ii) in subparagraph (A), by striking
``2017'' and inserting ``2013''; and
(2) by striking subsection (f) and inserting the following:
``(f) Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--
``(1) Distribution to gulf producing states.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the total amount of qualified outer Continental
Shelf revenues made available under subsection (a)(2)
shall not exceed $500,000,000 for each fiscal year.
``(B) Cap increase for gulf producing states.--In
the case of the qualified outer Continental Shelf
revenues that may be made available to Gulf producing
States under subsection (a)(2)(A), the cap on amounts
specified in subparagraph (A) shall be for--
``(i) fiscal year 2014, $600,000,000; and
``(ii) each of fiscal years 2015 through
2023, the applicable amount for the previous
fiscal year increased by $100,000,000.
``(C) Subsequent fiscal years.--For fiscal year
2024 and each fiscal year thereafter, all qualified
outer Continental Shelf revenues made available under
subsection (a)(2)(A) shall be made available without
limitation for allocation to the Gulf producing States
in accordance with subsection (b).
``(2) Pro rata reductions.--If paragraph (1) limits the
amount of qualified outer Continental Shelf revenues that would
be paid under subsection (a)(2)(A)--
``(A) the Secretary shall reduce the amount of
qualified outer Continental Shelf revenues provided to
each recipient on a pro rata basis; and
``(B) any remainder of the qualified outer
Continental Shelf revenues shall revert to the general
fund of the Treasury.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on October
1, 2012. | Fixing America's Inequities with Revenues Act of 2013 or FAIR Act of 2013 - Amends the Outer Continental Shelf Lands Act to require the Secretary of the Treasury to deposit in the Treasury 37.5% of all revenues derived from all rentals, royalties, bonus bids, and other sums payable to the United States from energy development on the outer Continental Shelf (OCS) areas of coastal states (those within 200 nautical miles of a leased tract in the OCS which are not, however, in a Gulf producing state). Excludes from deposit under these terms any revenues generated from the leasing of lands within three miles of seaward boundaries of coastal states. Requires the Secretary of the Interior to disperse: (1) 27.5% of these revenues to coastal states and their political subdivisions; and (2) 10% of such revenues to coastal states that establish funds in their treasuries to support projects relating to alternative and renewable energy, energy research and development, energy efficiency, or conservation. Prescribes requirements for allocating such revenues to coastal states and their coastal subdivisions, with a special rule for Alaska. Limits the allocable share of each coastal state to the revenues collected from a leased tract located no more than 200 nautical miles from the coastline of the state. Requires the Secretary of the Treasury to disburse 50% of all revenues derived from all rentals, royalties, bonus bids, rights-of-way, and other amounts payable to the United States from the development of alternative and renewable onshore energy sources to the state within the boundaries of which the energy source is located. Amends the Gulf of Mexico Energy Security Act of 2006 by: (1) redefining the term "qualified outer Continental Shelf revenues," and (2) revising the cap on the amount of such qualified revenues that may be made available to Gulf producing states. | {"src": "billsum_train", "title": "FAIR Act of 2013"} | 2,193 | 408 | 0.655696 | 2.097014 | 0.74901 | 4.939481 | 5.668588 | 0.899135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Risk Abatement and Mitigation
Election Act of 2012'' or the ``FRAME Act of 2012''.
SEC. 2. FARM RISK MANAGEMENT ACCOUNTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. FRAME ACCOUNTS.
``(a) Deduction Allowed.--In the case of a qualified farmer, there
shall be allowed as a deduction for the taxable year an amount equal to
the aggregate amount paid in cash during such taxable year by or on
behalf of such individual to a FRAME account of such individual.
``(b) Limitation.--The amount allowable as a deduction under
subsection (a) shall not exceed the least of the following:
``(1) The taxable income of the taxpayer for the taxable
year which is attributable to farming and ranching.
``(2) $50,000.
``(3) $500,000 reduced by the aggregate contributions of
the taxpayer to all FRAME accounts of the taxpayer for all
taxable years.
``(c) Qualified Farmer.--For purposes of this section, the term
`qualified farmer' means, with respect to any taxable year, any
individual who, during such year--
``(1) was actively engaged in the trade or business of
farming or ranching, and
``(2) has in effect an agreement with the Secretary of
Agriculture with respect to each FRAME account of which the
individual is an account beneficiary.
``(d) FRAME Account.--For purposes of this section--
``(1) In general.--The term `FRAME account' means a trust
created or organized in the United States as a FRAME account
exclusively for the purpose of making qualified distributions,
but only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(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 will not be
commingled with other property except in a common trust
fund or common investment fund.
``(D) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Qualified distribution.--The term `qualified
distribution' means any of the following amounts paid from a
FRAME account to the account beneficiary:
``(A) Any distributions in a taxable year during
which the gross income attributable to farm to which
the FRAME account relates is less than 95 percent of
the average gross income attributable to such farm for
the 5 preceding taxable years, but only so much as does
not exceed such difference.
``(B) Any distributions to the extent such
distribution does not exceed amounts necessary to
protect the solvency of the farm to which the FRAME
account relates, as determined by the Secretary.
``(C) Any distributions to the extent such
distributions do not exceed amounts paid or incurred to
procure revenue or crop insurance with respect to the
farm to which the FRAME account relates.
``(3) Account beneficiary.--The term `account beneficiary'
means the individual on whose behalf the FRAME account was
established.
``(4) Accounts per farm limitation.--The Secretary of
Agriculture shall have in effect not more than 4 agreements for
FRAME accounts with respect to any farm. The Secretary of
Agriculture shall by regulation prescribe rules preventing the
avoidance of the preceding limitation through use of multiple
entities, related parties, division of farms, or de minimis
ownership.
``(5) Other rules.--Rules similar to the following rules
shall apply for purposes of this section:
``(A) Section 219(d)(2) (relating to no deduction
for rollovers).
``(B) Section 219(f)(3) (relating to time when
contributions deemed made).
``(C) Section 408(g) (relating to community
property laws).
``(D) Section 408(h) (relating to custodial
accounts).
``(e) Tax Treatment of Accounts.--
``(1) In general.--A FRAME account is exempt from taxation
under this subtitle unless such account has ceased to be a
FRAME account. Notwithstanding the preceding sentence, any such
account is subject to the taxes imposed by section 511
(relating to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Termination of accounts.--If the account beneficiary
ceases to engage in the trade or business of farming or
ranching--
``(A) all FRAME accounts of such individual shall
cease to be such accounts, and
``(B) the balance of all such accounts shall be
treated as--
``(i) distributed to such individual, and
``(ii) not paid in a qualified
distribution.
``(f) Tax Treatment of Distributions.--
``(1) In general.--Any amount paid or distributed out of a
FRAME account (other than a rollover contribution described in
paragraph (4)) shall be included in gross income.
``(2) Additional tax on non-qualified distributions.--
``(A) In general.--The tax imposed by this chapter
on the account beneficiary for any taxable year in
which there is a payment or distribution from a FRAME
account of such beneficiary which is not a qualified
distribution shall be increased by 20 percent of the
amount of such payment or distribution which is not a
qualified distribution.
``(B) Exception for disability or death.--
Subparagraph (A) shall not apply if the payment or
distribution is made after the account beneficiary
becomes disabled within the meaning of section 72(m)(7)
or dies.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to a FRAME account of an
individual, paragraph (2) shall not apply to
distributions from the FRAME accounts of such
individual (to the extent such distributions do not
exceed the aggregate excess contributions to all such
accounts of such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
Any net income described in clause (ii) shall be
included in the gross income of the individual for the
taxable year in which it is received.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution)
which is not deductible under this section.
``(4) Rollover contribution.--An amount is described in
this paragraph as a rollover contribution if it meets the
requirements of subparagraphs (A) and (B).
``(A) In general.--For purposes of this section,
any amount paid or distributed from a FRAME account to
the account beneficiary shall be treated as a qualified
distribution to the extent the amount received is paid
into a FRAME account for the benefit of such
beneficiary not later than the 60th day after the day
on which the beneficiary receives the payment or
distribution.
``(B) Limitation.--This paragraph shall not apply
to any amount described in subparagraph (A) received by
an individual from a FRAME account if, at any time
during the 1-year period ending on the day of such
receipt, such individual received any other amount
described in subparagraph (A) from a FRAME account
which was not included in the individual's gross income
because of the application of this paragraph.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a FRAME account to an
individual's spouse or former spouse under a divorce or
separation instrument described in subparagraph (A) of section
71(b)(2) shall not be considered a taxable transfer made by
such individual notwithstanding any other provision of this
subtitle, and such interest shall, after such transfer, be
treated as a FRAME account with respect to which such spouse is
the account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A) Treatment in case of individual designated
beneficiary.--If any individual acquires such
beneficiary's interest in a FRAME account by reason of
being the designated beneficiary of such account at the
death of the account beneficiary, such FRAME account
shall be treated as if such individual were the account
beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account beneficiary, any person
acquires the account beneficiary's interest in
a FRAME account in a case to which subparagraph
(A) does not apply--
``(I) such account shall cease to
be a FRAME account as of the date of
death, and
``(II) an amount equal to the fair
market value of the assets in such
account on such date shall be included
if such person is not the estate of
such beneficiary, in such person's
gross income for the taxable year which
includes such date, or if such person
is the estate of such beneficiary, in
such beneficiary's gross income for the
last taxable year of such beneficiary.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent or the decedent's spouse) with respect
to amounts included in gross income under
clause (i) by such person.
``(g) Reports.--The Secretary may require the trustee of a FRAME
account to make such reports regarding such account to the Secretary
and to the account beneficiary with respect to contributions,
distributions, and such other matters as the Secretary determines
appropriate. The reports required by this subsection shall be filed at
such time and in such manner and furnished to such individuals at such
time and in such manner as may be required by the Secretary.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (20) the following new paragraph:
``(21) FRAME accounts.--The deduction allowed by section
224.''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by striking ``or'' at the end of subsection (a)(4), by
inserting ``or'' at the end of subsection (a)(5), and by
inserting after subsection (a)(5) the following new paragraph:
``(6) a FRAME account (within the meaning of section
224(d)),'', and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to FRAME Accounts.--For purposes of this
section, in the case of FRAME accounts (within the meaning of section
224(d)), the term `excess contribution' means the sum of--
``(1) the aggregate amount contributed for the taxable year
to the accounts (other than rollover contributions described in
section 224(f)(4)) which is not allowable as a deduction under
section 224 for such year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts with
respect to which additional tax was imposed under
section 224(f)(2), and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
deduction under section 224(b) for the taxable
year, over
``(ii) the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which is
distributed out of the FRAME account in a distribution to which
section 224(f)(3) applies shall be treated as an amount not
contributed.''.
(d) Tax on Prohibited Transactions.--
(1) Section 4975(c) of such Code (relating to tax on
prohibited transactions) is amended by adding at the end the
following new paragraph:
``(7) Special rule for frame accounts.--An individual for
whose benefit a FRAME account (within the meaning of section
224(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 FRAME account by reason of the application of section
224(e)(2) to such account.''.
(2) Section 4975(e)(1) of such Code is amended by
redesignating subparagraphs (F) and (G) as subparagraphs (G)
and (H), respectively, and by inserting after subparagraph (E)
the following new subparagraph:
``(F) a FRAME account described in section
224(d),''.
(e) Failure To Provide Reports on FRAME Accounts.--Section
6693(a)(2) of such Code (relating to reports) is amended by
redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F),
respectively, and by inserting after subparagraph (C) the following new
subparagraph:
``(D) section 224(g) (relating to FRAME
accounts),''.
(f) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following:
``Sec. 224. FRAME accounts.
``Sec. 225. Cross reference.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. FRAME CONTRIBUTION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. FRAME CONTRIBUTION CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified farmer (as defined in section 224(c)), the FRAME contribution
credit determined under this section for any taxable year is an amount
equal to the applicable percentage of the taxpayer's contributions to
any FRAME account of the taxpayer.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) in the case of the taxable year during which the
first FRAME account of the taxpayer is established, and the 2nd
and 3rd taxable years thereafter, 10 percent,
``(2) in the case of the 4th through 5th taxable years
thereafter, 5 percent, and
``(3) in the case of the 7th through 9th taxable years
thereafter, 3.5 percent.
``(c) Limitation.--Only contributions for which a deduction is
allowed under section 224 shall be taken into account under this
section.''.
(b) Credit Made 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 FRAME contribution credit determined under
section 45S(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. FRAME contribution credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Farm Risk Abatement and Mitigation Election Act of 2012 or the FRAME Act of 2012 - Amends the Internal Revenue Code to: (1) establish tax-exempt farm risk management accounts (FRAME Accounts) and allow taxpayers actively engaged in the business of farming or ranching to use distributions from such accounts to protect the solvency of the farm to which the FRAME Account relates and to procure revenue or crop insurance; (2) allow a deduction from gross income for cash contributions to such accounts; (3) specify minimum levels of contributions to, and maximum levels of distributions from, such accounts; (4) set forth tax rules relating to account distributions, excess contributions, and prohibited transactions; and (5) allow a variable business-related tax credit for contributions made to a FRAME Account in the first nine years after such Account is established. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to authorize agricultural producers to establish and contribute to tax-exempt farm risk management accounts."} | 3,782 | 183 | 0.61421 | 1.763783 | 0.815356 | 2.445783 | 20.36747 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fast Help For Homeowners Act''.
SEC. 2. REQUIREMENT FOR PROMPT DECISION.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by inserting before section 130 (15 U.S.C.
1640) the following new section:
``SEC. 129I. PROMPT DECISION MAKING REGARDING SHORT SALE.
``(a) In General.--Not later than the end of the 10-calendar day
period beginning on the date of receipt of a written request from a
mortgagor of a federally related mortgage loan that meets the
requirements of subsection (c), a servicer shall--
``(1) notify in writing each holder of a subordinate lien
on the residential real property that secures such loan of such
request; and
``(2) submit to each such holder a copy of such request.
``(b) Timely Response to Servicer Notification Required.--
``(1) In general.--
``(A) Timely response required.--Except as provided
in subsection (d) and notwithstanding any other
provision of law or of any contract, including a
contract between a servicer of a federally related
mortgage loan and a securitization vehicle or other
investment vehicle, a holder of a subordinate lien that
is notified by a servicer under subsection (a) shall
respond in writing to such servicer not later than the
end of the 45-calendar day period beginning on the date
of receipt of such notification.
``(B) Failure to respond.--If the holder of a
subordinate lien that is notified by a servicer under
subsection (a) does not respond within the 45-calendar
day period described in subparagraph (A), the request
from a mortgagor described in subsection (a) shall be
considered to have been approved by the such holder.
``(2) Content.--A written response by such holder under
subsection (a) shall specify a decision on whether the request
described in such subsection has been denied, approved, or that
such request has been approved subject to specified changes.
``(c) Mortgagor Submission.--Subsection (a) shall apply in any case
in which the mortgagor of a federally related mortgage loan submits to
the servicer thereof--
``(1) a written offer for a short sale of the dwelling or
residential real property that is subject to a mortgage, deed
of trust, or other security interest that secures the mortgage
loan; and
``(2) all information required by the servicer in
connection with such a request (including a copy of an executed
contract between the owner of the dwelling or property and the
prospective buyer that is subject to approval by the servicer).
``(d) Inapplicability to Certain Existing Mortgages.--This section
shall not apply to any federally related mortgage loan with respect to
which the mortgagor and the mortgagee or servicer have entered into a
written agreement before the date of the enactment of the Short Sales
Taking A New Direction Act explicitly providing a procedure or terms
for approval of a short sale.
``(e) Treatment of Other Time Limits.--This section may not be
construed to preempt, annul, or otherwise affect any other provision of
law or of any contract or program that provides a shorter period than
is provided under subsection (b) for a decision to be made by a holder
of a subordinate lien described in subsection (a)(1) regarding a short
sale.
``(f) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the same meaning as is given in
section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2602).
``(2) Securitization vehicle.--The term `securitization
vehicle' means a trust, special purpose entity, or other legal
structure that is used to facilitate the issuing of securities,
participation certificates, or similar instruments backed by or
referring to a pool of assets that includes federally related
mortgage loans (or instruments that are related to federally
related mortgage loans, such as credit-linked notes).
``(3) Servicer.--The term `servicer' has the same meaning
as in section 129A, except that such term includes a person who
makes or holds a federally related mortgage loan (including a
pool of federally related mortgage loans), if such person also
services the loan.
``(4) Short sale.--The term `short sale' means the sale of
the dwelling or residential real property that is subject to
the mortgage, deed or trust, or other security interest that
secures a federally related mortgage loan that--
``(A) will result in proceeds in an amount that is
less than the remaining amount due under the mortgage
loan; and
``(B) requires authorization by the securitization
vehicle or other investment vehicle or holder of the
mortgage loan, or the servicer acting on behalf of such
a vehicle or holder.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any written request for a short sale made after the date of
the enactment of this Act. | Fast Help For Homeowners Act - Amends the Truth in Lending Act to require the servicer of a federally related mortgage, upon request by the mortgagor for a short sale of the dwelling or residential real property under the mortgage, to notify in writing each holder of a subordinate lien on the property securing the loan of such request, together with a copy of it.
Requires a subordinate lien holder that is so notified to respond in writing to the servicer within 45 days after receiving the notification. Considers the request approved by the holder if the holder does not respond within the 45 days. | {"src": "billsum_train", "title": "To require the holder of a subordinate lien on the property that secures a federally related mortgage loan, upon a request by the homeowner for a short sale, to make a timely decision whether to allow the sale."} | 1,245 | 144 | 0.649175 | 2.057329 | 0.70568 | 3.455357 | 9.544643 | 0.901786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Medicare Home Health
Care Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Over 30,000,000 beneficiaries under the medicare
program under title XVIII of the Social Security Act rely on
providers of home health services to provide them with cost-
effective, high quality home health care.
(2) The medicare home health benefit enables many medicare
beneficiaries to remain at home and to live with dignity and
independence despite serious health conditions.
(3) The medicare home health benefit helps alleviate the
burden of medicare beneficiaries on hospitals and skilled
nursing facilities, where services provided to medicare
beneficiaries are more expensive.
(4) The amendments made by the Balanced Budget Act of 1997
to title XVIII of the Social Security Act were originally
projected to cut $16,100,000,000 from the medicare home health
benefit between fiscal years 1998 and 2002.
(5) The Congressional Budget Office recently projected that
those amendments made by the Balanced Budget Act of 1997 will
actually cut $69,400,000,000 from the medicare home health
benefit between fiscal years 1998 and 2002.
(6) The recent projections by the Congressional Budget
Office represent more than 4 times the amount of the reduction
in the medicare home health benefit originally projected to
take effect as a result of the amendments made by the Balanced
Budget Act of 1997.
(7) The failure of the Health Care Financing Administration
to disburse payments under the interim payment system
established by the Balanced Budget Act of 1997 under section
1861(v)(1)(L) of the Social Security Act in a timely manner has
resulted in medicare overpayments to thousands of providers of
home health services, leaving many of these providers on
precarious financial footing.
(8) Access to care, particularly for high-cost and long-
term patients, has become a growing problem because the amount
of payment for these types of patients under the current
interim payment system is insufficient.
(9) Under the proposed regulation implementing the new
prospective payment system, 50 percent of the prospective
payment amount will be paid upon receipt and processing of the
providers initial claim for reimbursement and 50 percent of
that amount will be delayed until the final claim is processed
at the end of the 60-day episode period.
(10) Medicare beneficiaries incur most home health care
expenses during the first 30 days of a 60-day episode period
and providers of home health services do not have large cash
reserves to support delayed payment for those services under
the medicare program.
(11) It is essential that the Administrator of the Health
Care Financing Administration ensure that the initial payment
to providers of home health services during a 60-day episode
period of home health care provided under the medicare home
health benefit provides a steady cash flow for those providers
so that medicare beneficiaries may continue to receive
necessary home health services.
(12) Studies by the Medicare Payment Advisory Commission
established under section 1805 of the Social Security Act have
indicated that certain populations of medicare beneficiaries
risk not receiving necessary home health services because of
the systemic changes made by the Balanced Budget Act of 1997.
(13) Because the aggregate amount of payment made for all
home health services during the first year in which payment
will be made for those services under the prospective payment
system is limited to the amount that would have been paid in
such year for those services under the interim payment system,
there is an enormous risk that this limited amount will be
insufficient, resulting in a perpetuation of the current crisis
under the interim payment system for home health services.
SEC. 3. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE
MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH
SERVICES.
(a) In General.--Section 1895(b)(3)(A) of the Social Security Act
(42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f)
of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999 (113 Stat. 1501A-359, 361), as enacted into law by section
1000(a)(6) of Public Law 106-113, is amended to read as follows:
``(A) Initial basis.--Under such system the
Secretary shall provide for computation of a standard
prospective payment amount (or amounts). Such amount
(or amounts) shall initially be based on the most
current audited cost report data available to the
Secretary and shall be computed in a manner so that the
total amounts payable under the system for the 12-month
period beginning on the date the Secretary implements
the system shall be equal to the total amount that
would have been made if the system had not been in effect and if
section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall
be standardized in a manner that eliminates the effect of variations in
relative case mix and area wage adjustments among different home health
agencies in a budget neutral manner consistent with the case mix and
wage level adjustments provided under paragraph (4)(A). Under the
system, the Secretary may recognize regional differences or differences
based upon whether or not the services or agency are in an urbanized
area.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113).
SEC. 4. OVERPAYMENTS.
(a) 36-Month Repayment Period.--In the case of an overpayment by
the Secretary of Health and Human Services to a home health agency for
home health services furnished during a cost reporting period beginning
on or after October 1, 1997, as a result of payment limitations
provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health
agency may elect to repay the amount of such overpayment over a 36-
month period beginning on the date of notification of such overpayment.
(b) Interest on Overpayment Amounts.--
(1) 36-month grace period.--
(A) In general.--In the case of an agency that
makes an election under subsection (a), no interest
shall accrue on the outstanding balance of the amount
of overpayment during such 36-month period.
(B) Overdue balances.--In the case of such an
agency, interest shall accrue on any outstanding
balance of the amount of overpayment after termination
of such 36-month period. Interest shall accrue under
this subparagraph at the rate of interest charged by
banks for loans to their most favored commercial
customers, as published in the Wall Street Journal on
the Friday immediately following the date of the
enactment of this Act.
(2) Other agencies.--In the case of an agency described in
subsection (a) that does not make an election under subsection
(a), interest shall accrue on the outstanding balance of the
amount of overpayment at the rate described in the second
sentence of paragraph (1)(B).
(c) Termination.--No election under subsection (a) may be made for
cost reporting periods, or portions of cost reporting periods,
beginning on or after the date of the implementation of the prospective
payment system for home health services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff).
(d) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 5. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR
SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES.
(a) Increase in Payment Rates for Rural Agencies.--Section 1895(b)
of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding
at the end the following new paragraph:
``(7) Additional payment amount for services furnished in
rural areas.--In the case of home health services furnished in
a rural area (as defined in section 1886(d)(2)(D)), the
Secretary shall provide for an addition or adjustment to the
payment amount otherwise made under this section for services
furnished in a rural area in an amount equal to 10 percent of
the amount otherwise determined under this subsection.''.
(b) Additional Payment for Security Services.--Section 1895(b) of
such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is
further amended by adding at the end the following paragraph:
``(8) Additional payment for security services.--The
Secretary shall provide for an addition or adjustment to the
payment amount otherwise made under this section for the
reasonable cost (as defined in section 1861(v)(1)(A)) of
furnishing protective services to individuals furnishing home
health services under this title in areas where such
individuals are at risk of physical harm, as determined by the
Secretary.''.
(c) Waiving Budget Neutrality.--Section 1895(b)(3) of such Act (42
U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new
subparagraph:
``(D) No adjustment for additional payments for
rural services and security services.--The Secretary
shall not reduce the standard prospective payment
amount (or amounts) under this paragraph applicable to
home health services furnished during a period to
offset the increase in payments resulting from the
application of paragraph (7) (relating to services
furnished in rural areas) and paragraph (8) (relating
to costs of security services).''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is 270 days after the date of the enactment of
this Act.
SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES.
(a) In General.--Section 1895(b) of such Act (42 U.S.C.
1395fff(b)(3)), as amended by section 3, is further amended by adding
at the end the following paragraph:
``(9) Rule of construction relating to telehomehealth
services.--
``(A) In general.--Nothing in this section, or in
section 4206(a) of the Balanced Budget Act of 1997 (42
U.S.C. 1395l note), shall be construed as preventing a
home health agency receiving payment under this section
from furnishing a home health service via a
telecommunications system.
``(B) Limitation.--The Secretary shall not consider
a home health service provided in the manner described
in subparagraph (A) to be a home health visit for
purposes of--
``(i) determining the amount of payment to
be made under this section; or
``(ii) any requirement relating to the
certification of a physician required under
section 1814(a)(2)(C).''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report containing the recommendations of the
Secretary with respect to the feasibility and advisability of including
home health services furnished by telecommunications systems as a home
health service for purposes of--
(1) payment for such services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff), and
(2) requirements with respect to physician certification of
the need for home health services under section 1814(a)(2)(C)
of such Act (42 U.S.C. 1395f(a)(2)(C)). | Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of payment for such services under the PPS, and of requirements with respect to physician certification of the need for home health services. | {"src": "billsum_train", "title": "Equal Access to Medicare Home Health Care Act of 2000"} | 2,619 | 69 | 0.470966 | 1.202448 | 0.099373 | 5.586207 | 39.258621 | 0.965517 |
SECTION 1. SHORT TITLE.
(a) The Act may be cited as the ``Kleptocracy Asset Recovery
Rewards Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The Stolen Asset Recovery Initiative (StAR), a World
Bank and United Nations anti-money-laundering effort, estimates
that between $20 billion to $40 billion has been lost to
developing countries annually through corruption.
(2) In 2014, more than $480 million in corruption proceeds
hidden in bank accounts around the world by former Nigerian
dictator Sani Abacha and his co-conspirators was forfeited
through efforts by the Department of Justice.
(3) In 2010, the Department of Justice established the
Kleptocracy Asset Recovery Initiative, to work in partnership
with Federal law enforcement agencies to forfeit the proceeds
of foreign official corruption and, where appropriate, return
those proceeds to benefit the people harmed by these acts of
corruption and abuse of office.
(4) Of the $20 billion to $40 billion lost by developing
countries annually through corruption, only about $5 billion
has been repatriated in the last 15 years.
(5) Governments weakened by corruption and loss of assets
due to corruption have fewer resources to devote to the fight
against terrorism and fewer resources to devote to building
strong financial, law enforcement, and judicial institutions to
aid in the fight against the financing of terrorism.
(6) The United States has a number of effective programs to
reward individuals who provide valuable information that assist
in the identification, arrest, and conviction of criminal
actors and their associates, as well as seizure and forfeiture
of illicitly derived assets and the proceeds of criminal
activity.
(7) The Internal Revenue Service has the Whistleblower
Program, which pays awards to individuals who provide specific
and credible information to the IRS if the information results
in the collection of taxes, penalties, interest or other
amounts from noncompliant taxpayers.
(8) The Department of State administers rewards programs on
international terrorism, illegal narcotics, and transnational
organized crime with the goal of bringing perpetrators to
justice.
(9) None of these existing rewards programs specifically
provide monetary incentives for identifying and recovering
stolen assets linked solely to foreign government corruption,
as opposed to criminal prosecutions or civil or criminal
forfeitures.
(10) The recovery of stolen assets linked to foreign
government corruption and the proceeds of such corruption may
not always involve a BSA violation or lead to a forfeiture
action. In such cases there would be no ability to pay rewards
under existing Treasury Department authorities.
(11) Foreign government corruption can take many forms but
typically entails government officials stealing,
misappropriating, or illegally diverting assets and funds from
their own government treasuries to enrich their personal wealth
directly through embezzlement or bribes to allow government
resources to be expended in ways that are not transparent and
may not either be necessary or be the result of open
competition. Corruption also includes situations where public
officials take bribes to allow government resources to be
expended in ways which are not transparent and may not be
necessary or the result of open competition. These corrupt
officials often use the United States and international
financial system to hide their stolen assets and the proceeds
of corruption.
(12) The individuals who come forward to expose foreign
governmental corruption and kleptocracy often do so at great
risk to their own safety and that of their immediate family
members and face retaliation from persons who exercise foreign
political or governmental power. Monetary rewards and the
potential award of asylum can provide a necessary incentive to
expose such corruption and provide a financial means to provide
for their well-being and avoid retribution.
(b) Sense of Congress.--It is the sense of Congress that a
Department of the Treasury stolen asset recovery rewards program to
help identify and recover stolen assets linked to foreign government
corruption and the proceeds of such corruption hidden behind complex
financial structures is needed in order to--
(1) intensify the global fight against corruption; and
(2) serve United States efforts to identify and recover
such stolen assets, forfeit proceeds of such corruption, and,
where appropriate and feasible, return the stolen assets or
proceeds thereof to the country harmed by the acts of
corruption.
SEC. 3. IN GENERAL.
(a) Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.--Chapter 97 of title 31, United States Code, is amended by
adding at the end the following:
``Sec. 9706. Department of the Treasury Kleptocracy Asset Recovery
Rewards Program
``(a) Establishment.--
``(1) In general.--There is established in the Department
of the Treasury a program to be known as the `Kleptocracy Asset
Recovery Rewards Program' for the payment of rewards to carry
out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
support U.S. Government programs and investigations aimed at
restraining, seizing, forfeiting, or repatriating stolen assets
linked to foreign government corruption and the proceeds of
such corruption.
``(3) Implementation.--The rewards program shall be
administered by, and at the sole discretion of, the Secretary
of the Treasury, in consultation, as appropriate, with the
Secretary of State, the Attorney General, and the heads of such
other departments and agencies as the Secretary may find
appropriate.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
and in consultation, as appropriate, with the heads of other relevant
Federal departments or agencies, the Secretary may pay a reward to any
individual, or to any nonprofit organization designated by such
individual, if that individual furnishes information leading to--
``(1) the restraining or seizure of stolen assets in an
account at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come within
the United States, or that come within the possession or
control of any United States person;
``(2) the forfeiture of stolen assets in an account at a
U.S. financial institution (including a U.S. branch of a
foreign financial institution), that come within the United
States, or that come within the possession or control of any
United States person; or
``(3) where appropriate, the repatriation of stolen assets
in an account at a U.S. financial institution (including a U.S.
branch of a foreign financial institution), that come within
the United States, or that come within the possession or
control of any United States person.
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
any other payment authorized by the Department of Justice or
other Federal law enforcement agencies for the obtaining of
information or other evidence, the Secretary of the Treasury,
in consultation with the Secretary of State, the Attorney
General, and the heads of such other agencies as the Secretary
may find appropriate, shall establish procedures for the
offering, administration, and payment of rewards under this
section, including procedures for--
``(A) identifying actions with respect to which
rewards will be offered;
``(B) the receipt and analysis of data; and
``(C) the payment of rewards and approval of such
payments.
``(2) Prior approval of the attorney general required.--
Before making a reward under this section in a matter over
which there is Federal criminal jurisdiction, the Secretary of
the Treasury shall obtain the written concurrence of the
Attorney General.
``(d) Payment of Rewards.--
``(1) Authorization of appropriations.--For the purpose of
paying rewards pursuant to this section, there is authorized to
be appropriated $450,000 for fiscal year 2019.
``(2) Limitation on annual payments.--Except as provided
under paragraph (3), the total amount of rewards paid pursuant
to this section may not exceed $25,000,000 in any calendar
year.
``(3) Presidential authority.--The President may waive the
limitation under paragraph (2) with respect to a calendar year
if the President provides written notice of such waiver to the
Secretary and the appropriate committees of the Congress at
least 30 days before any payment in excess of such limitation
is made pursuant to this section.
``(4) Payment from stolen asset amounts.--In paying any
reward under this section with respect to information furnished
by an individual, the Secretary shall, to the extent possible,
make such payments using the stolen assets recovered based on
such information before using appropriated funds authorized
under paragraph (1).
``(e) Limitations and Certification.--
``(1) Submission of information.--No award may be made
under this section based on information submitted to the
Secretary unless such information is submitted under penalty of
perjury.
``(2) Maximum amount.--No reward paid under this section
may exceed $5,000,000, except as personally authorized in
writing by the Secretary, if the Secretary determines that
offer or payment of a reward of a greater amount is necessary
in exceptional cases.
``(3) Approval.--
``(A) In general.--No reward amount may be paid
under this section without the written approval and
certification of the Secretary.
``(B) Delegation.--The Secretary may not delegate
the certification required under subparagraph (A) to
anyone other than an Under Secretary of the Department
of the Treasury.
``(4) Protection measures.--If the Secretary determines
that the identity of the recipient of a reward or of the
members of the recipient's immediate family must be protected,
the Secretary shall take such measures in connection with the
payment of the reward as the Secretary considers necessary to
effect such protection.
``(5) Forms of reward payment.--The Secretary may make a
reward under this section in the form of a monetary payment.
``(f) Ineligibility, Reduction in, or Denial of Reward.--
``(1) Officer and employees.--An officer or employee of any
entity of Federal, State, or local government or of a foreign
government who, while in the performance of official duties,
furnishes information described under subsection (b) shall not
be eligible for a reward under this section.
``(2) Participating individuals.--If the claim for a reward
is brought by an individual who planned, initiated, directly
participated in, or facilitated the actions that led to assets
of a foreign state or governmental entity being stolen,
misappropriated, or illegally diverted or to the payment of
bribes or other foreign governmental corruption, the Secretary
may appropriately reduce such award. If such individual is
convicted of criminal conduct arising from the role described
in the preceding sentence, the Secretary shall deny any reward.
``(g) Determinations of Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall
not be subject to judicial review.
``(h) Report.--
``(1) In general.--Within 180 days of the enactment of this
section, and annually thereafter, the Secretary shall issue a
report to the appropriate committees of the Congress--
``(A) detailing to the greatest extent possible the
amount, location, and ownership or beneficial ownership
of any stolen assets that, on or after the date of the
enactment of this section, come within the United
States or that come within the possession or control of
any United States person, including any foreign branch;
``(B) discussing efforts being undertaken to
identify more such stolen assets and their owners or
beneficial owners; and
``(C) including a discussion of the interactions of
the Department of the Treasury with the international
financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions
Act) to identify the amount, location, and ownership,
or beneficial ownership, of stolen assets held in
financial institutions outside the United States.
``(2) Exception for ongoing investigations.--The report
issued under paragraph (1) shall not include information
related to ongoing investigations.
``(i) Definitions.--For purposes of this section:
``(1) Appropriate committees of the congress.--The term
`appropriate committees of the Congress' means the Committees
on Financial Services, Foreign Affairs, and the Judiciary of
the House of Representatives and the Committees on Banking,
Housing, and Urban Affairs, Foreign Relations, and the
Judiciary of the Senate.
``(2) Financial asset.--The term `financial asset' means
any funds, investments, or ownership interests, as defined by
the Secretary, that on or after the date of the enactment of
this section come within the United States or that come within
the possession or control of any United States person,
including through a U.S. branch of a foreign financial
institution.
``(3) Foreign government corruption.--The term `foreign
government corruption' includes bribery of a foreign public
official, or the misappropriation, theft, or embezzlement of
public funds or property by or for the benefit of a foreign
public official.
``(4) Foreign public official.--The term `foreign public
official' includes any person who occupies a public office by
virtue of having been elected, appointed, or employed,
including any military, civilian, special, honorary, temporary,
or uncompensated official.
``(5) Immediate family member.--The term `immediate family
member', with respect to an individual, has the meaning given
the term `member of the immediate family' under section 36(k)
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708(k)).
``(6) Rewards program.--The term `rewards program' means
the program established in subsection (a)(1) of this section.
``(7) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(8) Stolen assets.--The term `stolen assets' means
financial assets within the jurisdiction of the United States,
constituting, derived from, or traceable to, any proceeds
obtained directly or indirectly from foreign government
corruption.''.
(b) Report on Disposition of Recovered Assets.--Within 180 days of
the enactment of this Act, the Secretary of the Treasury shall issue a
report to the appropriate committees of Congress (as defined under
section 9706(i) of title 31, United States Code) describing policy
choices for disposition of stolen assets recovered pursuant to section
9706 of title 31, United States Code.
(c) Table of Contents Amendment.--The table of contents for chapter
97 of title 31, United States Code, is amended by adding at the end the
following:
``9706. Department of the Treasury Kleptocracy Asset Recovery Rewards
Program.''. | Kleptocracy Asset Recovery Rewards Act This bill establishes in the Department of the Treasury the Kleptocracy Asset Recovery Rewards Program. The program may provide rewards to individuals furnishing information leading to the restraining, seizure, forfeiture, or repatriation of stolen assets linked to foreign government corruption. | {"src": "billsum_train", "title": "Kleptocracy Asset Recovery Rewards Act"} | 3,228 | 73 | 0.521642 | 1.430933 | 1.173525 | 2.529412 | 59.098039 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Defense or his designee.
``(B) The Secretary of Transportation or his
designee.
``(C) The Attorney General or his designee.
``(D) The Secretary of State or his designee.
``(E) The Director of the Central Intelligence
Agency or his designee.
``(F) The Director of the Federal Emergency
Management Agency or his designee.
``(G) The Director of the Federal Bureau of
Investigation or his designee.
``(H) The Homeland Security Officer or his
designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, and
other factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on sealed source protection (byproduct material or special nuclear material encased in a capsule designed to prevent leakage or escape of the material).Requires the task force to evaluate and make recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device.Directs the Nuclear Regulatory Commission to arrange with the National Academy of Sciences for a study of industrial, research, and commercial uses for sealed sources. | {"src": "billsum_train", "title": "To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes."} | 1,331 | 136 | 0.569643 | 1.524513 | 0.578953 | 7.196262 | 11.663551 | 0.953271 |
SECTION 1. PURPOSES.
The purposes of this Act are--
(1) to augment law enforcement services and community
policing efforts by providing accessible crisis intervention
services for children who are involved in violent incidents,
and training for law enforcement officers in child development,
family, and cultural issues;
(2) to facilitate interaction between law enforcement
agencies, child and family service organizations, local
educational agencies, and other community members for the
purpose of building coalitions for the prevention of community
violence;
(3) to provide mentors for high-risk children and youth;
(4) to promote conflict resolution training for children
and youth; and
(5) to identify children and families at high risk for
developing behavioral or emotional problems resulting from
exposure to community violence and provide mental health and
other support services to such children and families, including
crisis intervention for child witnesses and victims of
violence.
SEC. 2. GRANT AUTHORIZATION.
(a) Establishment.--(1) The Attorney General, in consultation with
the Secretary of Health and Human Services, and where appropriate the
Secretary of Education, is authorized to award grants to States for use
by local law enforcement agencies for the establishment of law
enforcement and child and family services partnership programs to carry
out activities described in section 1.
(2) In awarding grants described in paragraph (1), the Attorney
General shall give priority to States that have law enforcement
agencies that--
(A) are engaged in community-based policing; and
(B) intend to target programs for disadvantaged
communities.
(b) Grant Distribution.--The Attorney General shall, to the extent
practicable, achieve an equitable distribution of assistance among the
urban and rural areas of the United States.
(c) Grant Amount.--A grant awarded under this Act shall be of
sufficient size and scope to adequately support programs authorized
under section 2.
(d) Duration.--A grant made under this Act shall be for a period of
not less than 2 years.
SEC. 3. USES OF FUNDS.
(a) In General.--Grants made under this Act to the States for use
by law enforcement agencies shall be used--
(1) to provide 24-hour response to crisis situations
affecting children and youth;
(2) to provide training for law enforcement officers
jointly taught by law enforcement officers and child guidance
professionals that includes instruction by child and family
service organizations in the basic principles of human
behavior, child psychology, and family systems;
(3) to develop or expand community activities for children
and families that are designed jointly by the law enforcement
and child and family services partnership, including conflict
resolution training programs for children and youth, after-
school activity and neighborhood recreation programs, and
parent support groups led jointly by child guidance and law
enforcement professionals;
(4) to establish weekly case conferences by a team of child
guidance professionals and law enforcement officers;
(5) to provide formal mentoring programs; or
(6) to assist and support the local educational agency
located in or near the community that the partnership serves in
developing and implementing conflict resolution programs.
(b) Limitation.--Of the total amount of funds made available under
this Act for each fiscal year, not more than 10 percent of such funds
may be used to implement the mentoring and conflict resolution programs
established by paragraphs (5) and (6) of subsection (a).
SEC. 4. APPLICATIONS.
(a) State Applications.--To request a grant under this Act a State
shall--
(1) prepare and submit to the Attorney General an
application in such form, at such time, and in accordance with
such procedures, as the Attorney General shall establish;
(2) provide an assurance that funds received under this Act
shall be used to supplement, not supplant, non-Federal funds
that would otherwise be available for programs funded under
this Act; and
(3) use the office designated under section 507 of the
Omnibus Crime Control and Safe Streets Act of 1968(42 U.S.C.
3757) to--
(A) prepare the application as required under this
section; and
(B) administer grant funds received under this Act,
including review of spending, processing, progress,
financial reporting, technical assistance, grant
adjustments, accounting, auditing, and fund
disbursement.
(b) Local Applications.--(1) To request funds under this Act from a
State, the chief executive of a law enforcement agency shall submit an
application to the office designated under subsection (a).
(2) Each application under paragraph (1) shall include--
(A) assurances that there is a partnership established
between the law enforcement agency and a child and family
service organization;
(B) assurances that the applicant has coordinated with
other segments of the community to ensure that the partnership
efforts complement existing community anti-violence efforts;
(C) assurances that programs developed shall maintain
confidentiality for all individuals served;
(D) assurances that adequate resources for training of law
enforcement officers and professional consultation services for
children and families, including professionals licensed to
provide child and family evaluations and treatment, will be
provided;
(E) assurances that funds received under this Act shall be
used to supplement, not supplant, non-Federal funds that would
otherwise be available for programs funded under this Act; and
(F) assurance that the partnership shall provide local
matching funds in accordance with the Federal share
requirements under section 5.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) In General.--(1) The Federal share of a grant made under this
Act may not exceed--
(A) with respect to the first fiscal year, 75 percent of
the total costs of the projects described in the application
submitted under section 4 for such fiscal year;
(B) with respect to the second fiscal year, 70 percent of
the total costs of the projects described in the application
submitted under section 4 for such fiscal year; and
(C) with respect to any subsequent fiscal year, 60 percent
of the total costs of the projects described in the application
submitted under section 4 for such fiscal year.
(2) The Attorney General may accept the value of in-kind
contributions made by the grant recipient as a part or all of the non-
Federal share of grants.
(b) Technical Assistance.--The National Institute of Justice may
provide training and technical assistance to law enforcement and child
and family service partnerships.
(c) Administrative Costs.--A State or law enforcement agency may
use not more than 5 percent of the funds it receives from this Act for
administrative expenses.
SEC. 6. EVALUATIONS AND REPORTS.
(a) Evaluation.--The Attorney General shall conduct evaluations to
determine the effectiveness of the programs funded under this Act.
(b) Reports and Evaluations.--
(1) Interim.--Not later than December 31, 1995, the
Attorney General shall prepare and submit to the Committees on
the Judiciary of the House and Senate an interim progress
report based on information reported by the grantees and the
results (as of the date of the submission of such report) of
the evaluation conducted under subsection (a).
(2) Final.--Not later than December 31, 1998, the Attorney
General shall prepare and submit to the Committees on the
Judiciary of the House and Senate a review and summary of the
results of the evaluation conducted under subsection (a).
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Child and family service organization.--The term
``child and family service organization'' means a public or
private nonprofit entity (such as child guidance centers, child
psychiatry or child psychology departments of hospitals or
university medical centers, or community mental health centers
providing child and family services) that provides mental
health services to children and families and that meets
nationally recognized guidelines (such as guidelines prescribed
for mental health centers and for child welfare and family
service agencies) with respect to the services provided to
children and families.
(2) Community-based policing.--The term ``community-based
policing'' means a commitment and an effort (within the
confines of budget restrictions) made by a law enforcement
agency to establish or expand cooperative efforts between the
police and a community in order to increase police presence in
the community, including--
(A) developing innovative neighborhood-oriented
policing programs and community-based crime-prevention
programs; and
(B) creating decentralized police substations
throughout the community to encourage interaction and
cooperation between the public and law enforcement
personnel on a local level, including the permanent
assignment of officers to a specific neighborhood or
substation.
(3) Formal mentoring program.--The term ``formal mentoring
program'' means a community partnership with corporations,
universities, labor organizations, nonprofit entities (such as
professional societies) or government agencies which recruits
and trains individuals representative of the cultural diversity
of their community, and includes individuals such as police
officers, child and family services staff, and community and
business leaders, to serve as role models for high-risk
children and youth.
(4) Law enforcement agency.--The term ``law enforcement
agency'' means an entity that serves a specific community and
has the legal responsibility of policing the activities of such
community.
(5) Law enforcement and child and family services
partnership.--The term ``law enforcement and child and family
services partnership'' means a cooperative agreement between a
law enforcement agency and a child and family service
organization.
(6) Mentor.--The term ``mentors'' means individuals
representative of the cultural diversity of the community, and
includes individuals such as police officers, child and family
services staff, and community and business leaders, who are
recruited and trained by a formal mentoring program to serve as
role models for high-risk children and youth.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$10,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998. | Authorizes the Attorney General to award grants to States for use by local law enforcement agencies for the establishment of law enforcement and child and family services partnership programs to: (1) augment law enforcement services and community policing efforts by providing accessible crisis intervention services for children who are involved in violent incidents and training for law enforcement officers (officers) in child development, family, and cultural issues; (2) facilitate interaction between law enforcement agencies, child, and family service organizations, local educational agencies, and other community members for the purpose of building coalitions for the prevention of community violence; (3) provide mentors for high-risk children and youth; (4) promote conflict resolution training for children and youth; and (5) identify children and families at high risk for developing behavioral or emotional problems resulting from exposure to community violence and provide mental health and other support services to such children and families, including crisis intervention for children witnesses and victims of violence.
Directs the Attorney General, in awarding such grants, to give priority to States that have law enforcement agencies that: (1) are engaged in community-based policing; and (2) intend to target programs for disadvantaged communities.
Authorizes the use of such grants to: (1) provide 24-hour response to crisis situations affecting children and youth, training for officers jointly taught by officers and child guidance professionals, and formal mentoring programs; (2) develop or expand community activities for children and families that are designed jointly by the law enforcement and child and family services partnership; (3) establish weekly case conferences by a team of child guidance professionals and officers; and (4) assist and support the local educational agency located in or near the community the partnership serves in developing and implementing conflict resolution programs.
Sets forth provisions regarding: (1) limitations on the use of grant funds; (2) State and local application requirements; (3) the Federal share; and (4) evaluations and reporting requirements.
Authorizes the National Institute of Justice to provide training and technical assistance to law enforcement and child and family service partnerships.
Authorizes appropriations. | {"src": "billsum_train", "title": "To create police partnerships for children."} | 2,085 | 413 | 0.811364 | 2.462897 | 1.05052 | 5.451074 | 4.940334 | 0.968974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pornography Victims Protection Act
of 1993''.
SEC. 2. SECTION 2251 AMENDMENTS.
Section 2251 of title 18, United States Code, is amended--
(1) in subsection (a), by striking out ``subsection (d)''
and inserting in lieu thereof ``subsection (e)'' and by
inserting before the period at the end thereof the following:
``or if such person knows or has reason to know that the minor
was transported in interstate or foreign commerce for the
purpose of producing any such visual depiction of such
conduct'';
(2) in subsection (b), by striking out ``subsection (d)''
and inserting in lieu thereof ``subsection (e)'' and by
inserting before the period at the end thereof the following:
``or if such person knows or has reason to know that the minor
was transported in interstate or foreign commerce for the
purpose of producing any such visual depiction of such
conduct'';
(3) by inserting immediately after subsection (b) the
following:
``(c)(1) Any person who coerces, intimidates, or fraudulently
induces an individual 18 years or older to engage in any sexually
explicit conduct for the purpose of producing any visual depiction of
such conduct shall be punished as provided under subsection (e), if
such person knows or has reason to know that such visual depiction will
be transported in interstate or foreign commerce or mailed, if such
visual depiction has actually been transported in interstate or foreign
commerce or mailed, or if such person knows or has reason to know that
the individual 18 years or older was transported in interstate or
foreign commerce for the purpose of producing any such visual depiction
of such conduct.
``(2) Proof of one or more of the following facts or conditions
shall not, without more, negate a finding of coercion under this
subsection:
``(A) that the person is or has been a prostitute;
``(B) that the person is connected by blood or marriage to
anyone involved in or related to the making of the pornography;
``(C) that the person has previously had, or been thought
to have had, sexual relations with anyone, including anyone
involved in or related to the making of the pornography;
``(D) that the person has previously posed for sexually
explicit pictures for or with anyone, including anyone involved
in or related to the making of the pornography at issue;
``(E) that anyone else, including a spouse or other
relative, has given permission on the person's behalf;
``(F) that the person actually consented to a use of the
performance that is changed into pornography;
``(G) that the person knew that the purpose of the acts or
events in question was to make pornography;
``(H) that the person signed a contract to produce
pornography; or
``(I) that the person was paid or otherwise compensated.'';
(4) in subsection (c), by striking out ``(c)'' and
inserting in lieu thereof ``(d)'';
(5) in subsection (d), by striking out ``(d)'' and
inserting in lieu thereof ``(e)''; and
(6) by amending the heading to read as follows:
``Sec. 2251. Sexual exploitation''.
SEC. 3. CIVIL REMEDIES AND PROCEDURE.
(a) Modification of Existing Civil Remedies.--Section 2255 of title
18, United States Code, is amended to read as follows:
``Sec. 2255. Civil remedies.
``(a) The district courts of the United States shall have
jurisdiction to prevent and restrain violations of section 2251 of this
title by issuing appropriate orders, including--
``(1) ordering any person to divest himself of any
interest, direct or indirect, in any legal or business entity;
``(2) imposing reasonable restrictions on the future
activities or investments of any person including prohibiting
such person from engaging in the same type of legal or business
endeavor; or
``(3) ordering dissolution or reorganization of any legal
or business entity after making due provision for the rights of
innocent persons.
``(b) The Attorney General or any person threatened with loss or
damage by reason of a violation of section 2251 of this title may
institute proceedings under subsection (a) of this section and, in the
event that the party bringing suit prevails, such party shall recover
the cost of the suit, including a reasonable attorney's fee. Pending
final determination, the court may at any time enter such restraining
orders or prohibitions, or take such other actions, including the
acceptance of satisfactory performance bonds, as it shall deem proper.
For purposes of this section, a violation of section 2251 of this title
shall be determined by a preponderance of the evidence.
``(c) Any victim of a violation of section 2251 of this title who
suffers physical injury, emotional distress, or property damage as a
result of such violation may sue to recover damages in any appropriate
United States district court and shall recover threefold the damages
such person sustains as a result of such violation and the cost of the
suit, including a reasonable attorney's fee. For purposes of this
section, a violation of section 2251 of this title shall be determined
by a preponderance of the evidence.
``(d) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States under
this chapter shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding.
``(e) Nothing in this section shall be construed to authorize any
order restraining the exhibition, distribution or dissemination of any
visual material without a full adversary proceeding and a final
judicial determination that such material contains a visual depiction
of sexually explicit conduct, engaged in by a minor or by a person who
was coerced, intimidated, or fraudulently induced to engage in such
sexually explicit conduct.''.
(b) Additional Remedies and Procedure.--Chapter 110 of title 18,
United States Code, is amended by adding at the end the following:
``Sec. 2259. Civil penalties.
``(a) Any person found to violate section 2251 of this title by
preponderance of the evidence shall be liable to the United States
Government for a civil penalty of $100,000 and the forfeiture of any
interest in property described in section 2254. The Attorney General
may bring an action for recovery of any such civil penalty or
forfeiture against any such person. If the Attorney General prevails he
may also recover the cost of the suit, including a reasonable
attorney's fee.
``(b) If the identity of any victim of an offense provided in
section 2251 of this title is established before an award of a civil
penalty made to the United States under this section, the victim shall
be entitled to the award. If there is more than one victim, the court
shall apportion the award among the victims on an equitable basis after
considering the harm suffered by each such victim.
``Sec. 2260. Venue and process.
``(a) Any civil action or proceeding brought under this chapter may
be instituted in the district court of the United States for any
district in which the defendant resides, is found, has an agent, or
transacts his affairs.
``(b) In any action under section 2255 or 2259 of this title in any
district court of the United States in which it is shown that the ends
of justice require that other parties residing in any other district be
brought before the court, the court may cause such parties to be
summoned, and process for that purpose may be served in any judicial
district of the United States by the marshal of such judicial district.
``(c) In any civil or criminal action or proceeding under this
chapter in the district court of the United States for any judicial
district, a subpoena issued by such court to compel the attendance of
witnesses may be served in any other judicial district except that no
subpoena shall be issued for service upon any individual who resides in
another district at a place more than one hundred miles from the place
at which such court is held without approval given by a judge of such
court upon a showing of good cause.
``(d) All other process in any action or proceeding under this
chapter may be served on any person in any judicial district in which
such person resides, is found, has an agent, or transacts his affairs.
``Sec. 2261. Expedition of actions.
``In any civil action instituted under this chapter by the United
States in any district court of the United States, the Attorney General
may file with the clerk of such court a certificate stating that in his
opinion the case is of general public importance. A copy of that
certificate shall be furnished immediately by such clerk to the chief
judge or in his absence to the presiding district judge of the district
in which such action is pending. Upon receipt of such copy, such judge
shall designate immediately a judge of that district to hear and
determine the action. The judge designated to hear and determine the
action shall assign the action for hearing as soon as practicable and
hold hearings and make a determination as expeditiously as possible.
``Sec. 2262. Evidence.
``In any proceeding ancillary to or in any civil action instituted
under this chapter the proceedings may be opened or closed to the
public at the discretion of the court after consideration of the rights
of affected persons.
``Sec. 2263. Limitations.
``A civil action under section 2255 or 2259 of this title must be
brought within six years from the date the violation is committed. In
any such action brought by or on behalf of a person who was a minor at
the date the violation was committed, the running of such six-year
period shall be deemed to have been tolled during the period of such
person's minority.''.
SEC. 5. CLERICAL AMENDMENT.
(a) Table of Sections.--The table of sections for chapter 110 of
part I of title 18, United States Code, is amended to read as follows:
``CHAPTER 110--SEXUAL EXPLOITATION
``Sec.
``2251. Sexual exploitation.
``2252. Selling or buying of children.
``2253. Criminal forfeiture.
``2254. Civil forfeiture.
``2255. Civil remedies.
``2256. Definitions for chapter.
``2257. Record keeping requirements.
``2258. Failure to report child abuse.
``2259. Civil penalties.
``2260. Venue and process.
``2261. Expedition of actions.
``2262. Evidence.
``2263. Limitations.''.
(b) Table of Chapters.--The table of chapters for part I of title
18, United States Code, is amended by striking the item relating to
chapter 110 and inserting in lieu thereof the following:
``110. Sexual Exploitation.................................. 2251''. | Pornography Victims Protection Act of 1993 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned knows that a minor was transported in interstate or foreign commerce for the purpose of producing pornography.
Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct.
Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage.
Imposes civil penalties for violation of the prohibition against sexual exploitation of children. | {"src": "billsum_train", "title": "Pornography Victims Protection Act of 1993"} | 2,478 | 203 | 0.535977 | 1.532849 | 0.809384 | 3.940828 | 13.852071 | 0.863905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximize Offshore Resource
Exploration Act of 2008'' or the ``MORE Act of 2008''.
SEC. 2. TERMINATION OF PROHIBITIONS ON EXPENDITURES FOR, AND
WITHDRAWALS FROM, OFFSHORE OIL AND GAS LEASING.
(a) Prohibitions on Expenditures.--All provisions of Federal law
that prohibit the expenditure of appropriated funds to conduct oil and
natural gas leasing and preleasing activities for any area of the Outer
Continental Shelf shall have no force or effect with respect to such
activities.
(b) Revocation Withdrawals.--All withdrawals of Federal submerged
lands of the Outer Continental Shelf from leasing, including
withdrawals by the President under the authority of section 12(a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1341(a)), are hereby
revoked and are no longer in effect with respect to the leasing of
areas for exploration for, and development and production of, oil and
natural gas.
SEC. 3. OUTER CONTINENTAL SHELF OIL AND NATURAL GAS LEASING PROGRAM.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is
amended by inserting after section 9 the following:
``SEC. 10. STATE APPROVAL REQUIREMENT WITH RESPECT TO OIL AND NATURAL
GAS LEASING.
``(a) In General.--The Secretary may not issue any lease
authorizing exploration for, or development of, oil and natural gas in
any area of the outer Continental Shelf that is located within 25 miles
of the coastline of a State unless the State has enacted a law
approving of the issuance of such leases by the Secretary.
``(b) State Approval Permanent.--Repeal of such a law by a State
shall have no effect for purposes of subsection (a).''.
SEC. 4. SHARING OF REVENUES.
(a) In General.--Section 8(g) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(g)) is amended--
(1) in paragraph (2) by striking ``Notwithstanding'' and
inserting ``Except as provided in paragraph (6), and
notwithstanding'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8); and
(3) by inserting after paragraph (5) the following:
``(6) Royalties under qualified oil and gas leases.--
``(A) In general.--Except as provided in
subparagraph (B), of amounts received by the United
States as royalties under any qualified oil and gas
lease on submerged lands that are located within the
seaward boundaries of a State established under section
4(a)(2)(A)--
``(i) 25 percent shall be deposited in the
general fund of the Treasury; and
``(ii) 75 percent shall be paid to the
States that are producing States with respect
to those submerged lands.
``(B) Lease tracts within 25 miles of the
coastline.--Of amounts received by the United States as
royalties under any qualified oil and gas lease on
submerged lands that are located within 25 miles of the
coastline of a State and within the seaward boundaries
of a State established under section 4(a)(2)(A)--
``(i) 10 percent shall be deposited in the
general fund of the Treasury; and
``(ii) 90 percent shall be paid to the
States that are producing States with respect
to those submerged lands.
``(C) Leased tract that lies partially within the
seaward boundaries of a state.--In the case of a leased
tract that lies partially within the seaward boundaries
of a State, the amounts of royalties from such tract
that are subject to subparagraph (A) or (B), as
applicable, with respect to such State shall be a
percentage of the total amounts of royalties from such
tract that is equivalent to the total percentage of
surface acreage of the tract that lies within such
seaward boundaries.
``(D) Definitions.--In this paragraph:
``(i) Adjacent state.--The term `adjacent
State' means, with respect to any program,
plan, lease sale, leased tract or other
activity, proposed, conducted, or approved
pursuant to the provisions of this Act, any
State the laws of which are declared, pursuant
to section 4(a)(2), to be the law of the United
States for the portion of the outer Continental
Shelf on which such program, plan, lease sale,
leased tract, or activity appertains or is, or
is proposed to be, conducted.
``(ii) Adjacent zone.--The term `adjacent
zone' means, with respect to any program, plan,
lease sale, leased tract, or other activity,
proposed, conducted, or approved pursuant to
the provisions of this Act, the portion of the
outer Continental Shelf for which the laws of a
particular adjacent State are declared,
pursuant to section 4(a)(2), to be the law of
the United States.
``(iii) Producing state.--The term
`producing State' means an Adjacent State
having an adjacent zone containing leased
tracts from which are derived royalties under a
lease under this Act.
``(iv) State.--The term `State' includes
Puerto Rico and the other territories of the
United States.
``(v) Qualified oil and gas lease.--The
term `qualified oil and gas lease' means a
lease under this Act granted after the date of
the enactment of the Maximize Offshore Resource
Exploration Act of 2008 that authorizes
development and production of oil and natural
gas and associated condensate.
``(E) Application.--This paragraph shall apply to
royalties received by the United States after September
30, 2008.''.
(b) Establishment of State Seaward Boundaries.--Section 4(a)(2)(A)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is
amended in the first sentence by striking ``, and the President'' and
all that follows through the end of the sentence and inserting the
following: ``. Such extended lines are deemed to be as indicated on the
maps for each Outer Continental Shelf region entitled `Alaska OCS
Region State Adjacent Zone and OCS Planning Areas', `Pacific OCS Region
State Adjacent Zones and OCS Planning Areas', `Gulf of Mexico OCS
Region State Adjacent Zones and OCS Planning Areas', and `Atlantic OCS
Region State Adjacent Zones and OCS Planning Areas', all of which are
dated September 2005 and on file in the Office of the Director,
Minerals Management Service. The preceding sentence shall not apply
with respect to the treatment under section 105 of the Gulf of Mexico
Energy Security Act of 2006 (title I of division C of Public Law 109-
432) of qualified outer Continental Shelf revenues deposited and
disbursed under subsection (a)(2) of that section.''. | Maximize Offshore Resource Exploration Act of 2008, or the MORE Act of 2008 - Declares without force or effect all federal prohibitions against the expenditure of appropriated funds to conduct natural gas leasing and pre-leasing activities for any area of the Outer Continental Shelf (OCS).
Revokes all withdrawals of federal submerged lands from leasing for oil and natural gas exploration and production.
Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from granting an oil or natural gas lease for any OCS located within 25 miles of a state coastline unless the state has enacted a law approving the issuance of such leases by the Secretary.
Sets forth an allocation schedule for a 75% state share of revenues derived from U.S. royalties under qualified oil and gas leases on submerged lands located within the seaward boundaries of a state.
Extends the jurisdiction of state civil and criminal law, as appropriate, to the Alaska, Pacific, Gulf of Mexico, and Atlantic OCS Region State Adjacent Zones and OCS Planning Areas. | {"src": "billsum_train", "title": "To greatly enhance the Nation's environmental, energy, economic, and national security by terminating long-standing Federal prohibitions on the domestic production of abundant offshore supplies of oil and natural gas, and for other purposes."} | 1,655 | 242 | 0.608987 | 1.723173 | 0.847001 | 3.373057 | 7.129534 | 0.88601 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Max Cleland Congressional Gold Medal
Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Joseph Maxwell ``Max'' Cleland has demonstrated the
highest degree of professionalism and has served as an
inspiration to friends, family, veterans, and many others while
dedicating his life to the public service of the United States.
(2) Max Cleland began his career in public service when he
joined the Reserve Officers' Training Corps as a young college
student, went on active duty in the United States Army (in this
section referred to as the ``Army'') in 1965 as a Second
Lieutenant, and volunteered for service in Vietnam, rising to
the rank of Captain.
(3) The Army recognized Max Cleland with a Silver Star for
his gallantry in action during the Battle of Khe Sanh in April
of 1968. According to the letter of commendation from the Army,
``The President of the United States of America, authorized by
Act of Congress, July 8, 1918 (amended by Act of July 25,
1963), takes pleasure in presenting the Silver Star to Captain
(Signal Corps) Joseph Maxwell Cleland, United States Army, for
gallantry in action while engaged in military operations
involving conflict with an armed hostile force in the Republic
of Vietnam.''.
(4) Max Cleland, a Battalion Signal Officer dispatched to
set up a radio relay antenna, was severely wounded on the
battlefield and, as a result, lost both of his legs and his
right arm. Cleland would endure 18 months of extremely
difficult rehabilitation and recovery at Walter Reed Army
Medical Center and hospitals of the Department of Veterans
Affairs (in this section referred to as ``VA hospitals'') in
Washington, DC. In 1969, Cleland testified before the Committee
on Veterans' Affairs of the Senate on the hardships faced by
veterans returning home from war.
(5) Upon returning to Georgia, Max Cleland was determined
to continue his public service and, in 1970, at the age of 28,
was elected as the youngest Georgia State senator and helped
pass legislation to make public facilities accessible for
veterans, older people, and individuals with disabilities.
(6) Max Cleland later came to Washington, DC and joined the
Senate Committee on Veterans' Affairs as a professional staff
member, investigating VA hospitals across the country and the
treatment of servicemembers returning from Vietnam.
(7) In 1977, President Jimmy Carter named Max Cleland, then
just 34 years old, the youngest ever individual and first
Vietnam veteran to serve as Administrator of the Veterans
Administration. As Administrator, Cleland helped create the
``Vet Center'' counseling program, which later expanded to 300
facilities nationwide helping veterans and their families
receive psychological care for post-traumatic stress disorders
and other problems associated with warfare.
(8) Following his term as Administrator of the Veterans
Administration, Max Cleland returned to elective office in 1982
when he was elected as Secretary of State of the State of
Georgia. As Secretary of State, Cleland implemented the
National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.) in Georgia and added almost 1,000,000 new voters to the
rolls.
(9) Max Cleland was elected to the United States Senate in
1996 and would go on to chair the Subcommittee on Personnel of
the Committee on Armed Services of the Senate. In the Senate,
Cleland was known for his work in expanding benefits for
servicemembers and in improving veterans' health care,
education, and the environment.
(10) After his service in the Senate, Max Cleland continued
his distinguished career in public service by becoming a
commissioner on the National Commission on Terrorist Attacks
Upon the United States (commonly referred to as the ``9/11
Commission'') and later as a member of the Board of Directors
of the Export-Import Bank of the United States.
(11) In 2009, President Barack Obama named Max Cleland
Secretary of the American Battle Monuments Commission. As
Secretary of the Commission, Cleland is charged with
commemorating both the permanent cemeteries of the United
States located in foreign countries and the military memorials,
monuments, and markers demonstrating where members of the
United States Armed Forces have served overseas since World War
I.
(12) In 2010, President Obama again called on Max Cleland
to serve his country and Cleland again accepted. This time,
Cleland agreed to serve as co-chair, and eventually the
inaugural chair, of the Advisory Committee on Arlington
National Cemetery, which was established to help fix the
problems facing the final resting place for many of the heroes
of the United States. After his tenure as chair, Cleland was
awarded the Decoration for Distinguished Civilian Service of
the Army, the highest honorary award that the Secretary of the
Army can confer on a civilian.
(13) After overcoming some of the most difficult challenges
imaginable, Max Cleland has spent almost five decades of his
life in service to the United States and the country is forever
indebted to his service.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to Joseph Maxwell ``Max''
Cleland.
(b) Design and Striking.--For the purposes of the presentation
described in subsection (a), the Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Duplicate Medals.--
(1) In general.--Under such regulations as the Secretary
may prescribe, the Secretary may strike and sell duplicates in
bronze of the gold medal struck under this Act at a price
sufficient to cover the costs of the medals, including labor,
materials, dies, use of machinery, and overhead expenses.
(2) Sale of duplicate medals.--The amounts received from
the sale of duplicate medals under paragraph (1) shall be
deposited in the United States Mint Public Enterprise Fund.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--Medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Max Cleland Congressional Gold Medal Act of 2016 This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Joseph Maxwell "Max" Cleland. | {"src": "billsum_train", "title": "Max Cleland Congressional Gold Medal Act of 2016"} | 1,474 | 64 | 0.501507 | 1.544731 | 0.25753 | 4.045455 | 30.75 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Conservation Corps Act of
2013''.
SEC. 2. VETERANS CONSERVATION CORPS.
(a) Establishment.--
(1) In general.--The Secretary of Veterans Affairs shall,
in cooperation with the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Homeland Security, the Secretary of the Interior, the Chief
Executive Officer of the Corporation for National and Community
Service, and the Chief of Engineers, establish a veterans
conservation corps to assist veterans in the transition from
service in the Armed Forces to civilian life and to employ
veterans--
(A) in conservation, resource management,
firefighting, law enforcement, and historic
preservation projects on public lands and maintenance
and improvement projects for cemeteries under the
jurisdiction of the National Cemetery Administration;
and
(B) as firefighters, law enforcement officers, and
disaster relief personnel.
(2) Veteran eligibility.--To be eligible to participate in
the veterans conservation corps, a veteran shall be unemployed.
(b) Conservation, Resource Management, Historic Preservation, and
Cemetery Maintenance and Improvement Projects.--
(1) In general.--As part of the veterans conservation
corps, the Secretary of Veterans Affairs, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of the
Interior, the Chief Executive Officer of the Corporation for
National and Community Service, and the Chief of Engineers
shall--
(A) employ veterans to carry out projects described
in subsection (a)(1); and
(B) award grants to, or enter into contracts with,
State governments, local governments, or
nongovernmental entities to employ veterans to carry
out projects described in subsection (a)(1).
(2) Priority.--In employing or awarding grants or contracts
to employ veterans under this subsection, the Secretaries
referred to in paragraph (1) and the Chief of Engineers shall
give priority towards the employment of veterans who served on
active duty in the Armed Forces on or after September 11, 2001.
(3) Coordination.--The Secretary of Veterans Affairs shall
coordinate the activities of the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of the Interior, the Chief
Executive Officer of the Corporation for National and Community
Service, and the Chief of Engineers to employ veterans as part
of the veterans conservation corps.
(4) Oversight of projects.--The Secretaries referred to in
paragraph (1) and the Chief of Engineers shall each provide
oversight of the projects for which they employ veterans under
subparagraph (A) of such paragraph or award grants or enter
into contracts under subparagraph (B) of such paragraph.
(c) First Responders.--
(1) Firefighters.--As part of the veterans conservation
corps, the Secretary of Homeland Security shall award grants
under section 34 of the Federal Fire Prevention and Control Act
of 1974 (15 U.S.C. 2229a) to hire veterans as firefighters.
(2) Law enforcement officers.--As part of the veterans
conservation corps, the Attorney General shall award grants
under part Q of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.) to hire veterans
as law enforcement officers.
(3) Disaster relief personnel.--As part of the veterans
conservation corps, the Secretary of Homeland Security shall
provide funds to increase participation by veterans in the FEMA
Corps program, which is a partnership between the Corporation
for National and Community Service and the Federal Emergency
Management Agency.
(4) Priority.--In awarding grants or providing funds under
this subsection to hire veterans, the Secretary of Homeland
Security and the Attorney General shall give priority to the
hiring of veterans who served on active duty in the Armed
Forces on or after September 11, 2001.
(d) Assistance.--
(1) In general.--The Secretary of Veterans Affairs may
provide assistance to the Secretaries referred to in subsection
(a), the Attorney General, the Chief of Engineers, and the
Chief Executive Officer to carry out the veterans conservation
corps. Such assistance may take the form of a transfer under
paragraph (2).
(2) Transfers.--Except as otherwise provided in this
subsection, of amounts appropriated or otherwise made available
to the Secretary of Veterans Affairs to carry out this section,
the Secretary of Veterans Affairs may transfer such amounts as
the Secretary considers appropriate to carry out the veterans
conservation corps to the following:
(A) The Attorney General.
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of Homeland Security.
(E) The Secretary of the Interior.
(F) The Corporation for National and Community
Service.
(G) The Chief of Engineers.
(3) Assistance for conservation, resource management,
historic preservation, and cemetery maintenance and improvement
projects.--
(A) Application.--If a Secretary referred to in
subsection (b)(1) or the Chief of Engineers or the
Chief Executive Officer seeks assistance under
paragraph (1) to employ a veteran to carry out a
project under subparagraph (A) of subsection (b)(1) or
to award a grant or contract to carry out a project
under subparagraph (B) of such subsection, such
Secretary or the Chief of Engineers shall submit to the
Secretary of Veterans Affairs an application therefor
at such time, in such manner, and containing such
information as the Secretary of Veterans Affairs may
require.
(B) Selection.--The Secretary of Veterans Affairs
shall, in consultation with the steering committee
established under subparagraph (C), award assistance
under this paragraph in accordance with such criteria
as the steering committee establishes.
(C) Steering committee.--
(i) In general.--The Secretary of Veterans
Affairs shall establish a steering committee--
(I) to establish selection criteria
for the awarding of assistance under
paragraph (1) to employ a veteran to
carry out a project under subparagraph
(A) of subsection (b)(1) or to award a
grant or contract to carry out a
project under subparagraph (B) of such
subsection; and
(II) to provide the Secretary of
Veterans Affairs with advice on
awarding assistance under this
subsection with respect to projects
described in subsection (a)(1) and
carrying out the requirements of the
veterans conservation corps under
subsection (b).
(ii) Composition.--The steering committee
shall be composed of the following:
(I) The Secretary of Veterans
Affairs.
(II) The Secretary of Agriculture.
(III) The Secretary of Commerce.
(IV) The Secretary of the Interior.
(V) The Corporation for National
and Community Service.
(VI) The Chief of Engineers.
(iii) Chairperson.--The chairperson of the
steering committee shall be the Secretary of
Veterans Affairs.
(iv) Advisory input.--The Secretary of
Defense, the Secretary of Labor, and the Chief
Executive Officer of the Corporation for
National and Community Service may provide
advice to the steering committee.
(4) Assistance for first responders.--Not more than 10
percent of amounts appropriated or otherwise made available to
the Secretary of Veterans Affairs to carry out this section may
be transferred to the Attorney General and the Secretary of
Homeland Security to employ veterans under subsection (c).
(e) Reporting Framework.--The Secretary of Veterans Affairs shall
establish a reporting framework to regularly monitor and evaluate the
veterans conservation corps to ensure proper oversight and
accountability of the veterans conservation corps.
(f) Outreach.--The Secretary of Veterans Affairs shall ensure that
veterans employed under the veterans conservation corps are aware of
benefits and assistance available to them under laws administered by
the Secretary of Veterans Affairs.
(g) Donations.--The Secretary of Veterans Affairs may solicit,
accept, hold, administer, use, and dispose of, in furtherance of the
purpose of this Act, donations of any money or property, real,
personal, or mixed, tangible or intangible, received by gift, devise,
bequest, or otherwise. Donations accepted under this subparagraph shall
be used as nearly as possible in accordance with the terms, if any, of
such donation.
(h) Authorization of Appropriations.--
(1) In general.--There is available without further
appropriation to the Secretary of Veterans Affairs to carry out
this section, $600,000,000 for the period of fiscal years 2014
through 2018.
(2) Limitation.--Of amounts appropriated or otherwise made
available to carry out this section, not more than five percent
may be spent to administer the veterans conservation corps.
(i) Definition of Veteran.--In this section, the term ``veteran''
has the meaning given the term in section 101 of title 38, United
States Code. | Veterans Conservation Corps Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans conservation corps to assist unemployed veterans in the transition from service in the Armed Forces to civilian life and to employ such veterans: (1) in conservation, resource management, firefighting, law enforcement, and historic preservation projects on public lands; (2) in maintenance and improvement projects for cemeteries under the jurisdiction of the National Cemetery Administration; and (3) as firefighters, law enforcement officers, and disaster relief personnel. Requires priority to be given to the employment of veterans who served on active duty on or after September 11, 2001. Requires, as part of the veterans conservation corps: (1) the Secretary of Homeland Security (DHS) to award grants under the Federal Fire Prevention and Control Act of 1974 to hire veterans as firefighters, (2) the Attorney General to award grants under the public safety and community policing grant program (COPS ON THE BEAT grant program) under the Omnibus Crime Control and Safe Streets Act of 1968 to hire veterans as law enforcement officers, and (3) the DHS Secretary to provide funds to increase participation by veterans in the Federal Emergency Management Agency (FEMA) Corps program. Authorizes the VA Secretary to transfer amounts to carry out the corps to the Attorney General, the Chief of Engineers, the Corporation for National and Community Service, and the Secretaries of Agriculture, Commerce, DHS, and Interior. Directs the VA Secretary to establish a steering committee to establish selection criteria for, and provide advice to the VA Secretary on, the awarding of assistance under this Act. | {"src": "billsum_train", "title": "Veterans Conservation Corps Act of 2013"} | 1,835 | 334 | 0.731344 | 2.117332 | 0.85723 | 3.968153 | 5.621019 | 0.936306 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor Management Reporting and
Disclosure Enforcement Act of 2008''.
SEC. 2. CIVIL MONEY PENALTIES FOR FAILURE TO PROVIDE INFORMATION TO
MEMBERS.
Section 201 of the Labor-Management Reporting and Disclosure Act
(29 U.S.C. 431), is amended--
(1) by redesignating subsection (c) as subsection (c)(1);
and
(2) by inserting thereafter the following:
``(2) Any labor organization that fails to meet the requirements of
paragraph (1) with respect to a member, by refusing to make available
the information required to be contained in a report required to be
submitted under this subchapter, and any books, records, and accounts
necessary to verify such report (unless such failure or refusal results
from matters reasonably beyond the control of the labor organization)
may in the court's discretion, and in addition to any other relief
provided by law, be liable to such member in the amount of up to $250 a
day from the date of such failure or refusal, and the court may in its
discretion order such other relief as it deems proper. For purposes of
this paragraph, each violation with respect to any single member shall
be treated as a separate violation.''.
SEC. 3. CIVIL MONEY PENALTIES FOR FAILURE TO FILE A TIMELY REPORT.
Section 210 of the Labor-Management Reporting and Disclosure Act
(29 U.S.C. 440) is amended to read as follows:
``SEC. 210. CIVIL ENFORCEMENT.
``(a) In General.--Whenever it shall appear that any person has
violated or is about to violate any of the provisions of this title, or
section 301(a), the Secretary may bring a civil action for such relief,
including an injunction and enforcement of administrative penalties
imposed pursuant to section 211, as may be appropriate. Any such action
may be brought in the district court of the United States where the
violation occurred or in the United States District Court for the
District of Columbia.
``(b) Scope of Review.--Upon a complaint filed by the Secretary
seeking relief under this section, the district court shall impose the
civil money penalty that has been determined to be appropriate by the
Secretary provided the person, labor organization, or employer against
whom the relief is sought has been given written notice and afforded an
opportunity to be heard before the Secretary or a designee under
procedures established by the Secretary pursuant to section 211. Such
penalty shall not be imposed by the court if the Secretary's
determination is shown to be arbitrary and capricious. The court shall
not consider any objection or argument that was not raised in the
proceedings before the Secretary.
``(c) Appropriateness of Injunctive Relief.--Upon a complaint filed
by the Secretary seeking relief under this section demonstrating that a
person, labor organization, or employer has failed to file timely and
complete reports required by the statute, or has filed reports that are
substantially incomplete or inaccurate, or that information required to
be reported may be lost or destroyed absent such relief, the district
court shall issue an order enjoining continued violation of this title.
Injunctive relief may be awarded in addition to any other additional
civil or criminal remedy and whether or not the Secretary seeks
enforcement of an administratively imposed civil money penalty.''.
SEC. 4. ADMINISTRATIVE AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES.
Title II of the Labor-Management Reporting and Disclosure Act (29
U.S.C. 431 et seq.) is amended--
(1) by redesignating section 211 as section 212; and
(2) by inserting after section 210 the following:
``SEC. 211. CIVIL MONEY PENALTIES.
``(a) In General.--The Secretary, upon finding a violation of
section 201(a), 201(b), 202, 203, 207, 212, or 301(a), may assess
against the person, labor organization or employer responsible for such
violation a civil money penalty of up to $250 a day from the date of
the violation. The amount of this penalty shall be adjusted in
accordance with the inflation adjustment procedures prescribed in the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.
``(b) Limitation.--No person, labor organization or employer shall
be required to pay a penalty under this paragraph for any violation a
material cause of which was reasonably beyond the control of that
person, labor organization or employer.
``(c) Incomplete Reports.--A report rejected by the Secretary as
incomplete shall be considered not filed for purposes of determining
whether there has been a violation of section 201(a), 201(b), 202, 203,
207, 212, or 301(a) and a penalty may be assessed for such a violation.
``(d) Maximum Penalty.--A penalty imposed for a violation under
this section, as determined by the Secretary, may not exceed $250 a day
or $10,000 in aggregate, as adjusted in accordance with the inflation
adjustment procedures prescribed in the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended.
``(e) Effect on Criminal Penalties.--The imposition of civil money
penalties under this section shall not affect the availability of
criminal sanctions against any person who knowingly or willfully
violates a provision of this Act.
``(f) Administrative Procedures.--The Secretary shall establish
standards and procedures governing the imposition of civil money
penalties under subsection (a). Such standards and procedures shall--
``(1) provide for written notice to the person or entity
alleged to have violated section 201(a), 201(b), 202, 203, 207,
212, or 301(a) and an opportunity to be heard before the
Secretary or a designee; and
``(2) be established by the Secretary pursuant to sections
208 and 606.
``(g) Factors in Determining Amount of Penalty.--In determining the
amount of a penalty under subsection (a), consideration may be given to
such factors as the gravity of the offense, any history of prior
offenses (including offenses occurring before enactment of this
section), ability to pay the penalty without material impairment of the
ability to carry out representational functions or to honor other
financial obligations, injury to uninvolved members of the labor
organization, injury to the public, benefits received from the
violation, deterrence of future violations, and such other factors as
the Secretary may determine to be appropriate.
``(h) Judicial Review.--
``(1) In general.--After exhausting all administrative
remedies established by the Secretary under subsection (f), a
person, labor organization, or employer against whom the
Secretary has imposed a civil money penalty under subsection
(a) may obtain a review of the penalty in the United States
District Court where the violation occurred or in the United
States District Court for the District of Columbia, by filing
in such court, within 30 days of the entry of a final order
imposing such a penalty, a written petition that the
Secretary's order or determination be modified or be set aside
in whole or in part.
``(2) Standard.--Upon petition for review of a penalty by a
party against whom such a penalty has been ordered, the
district court shall impose the civil money penalty determined
to be appropriate by the Secretary, provided the person, labor
organization, or employer against whom the relief is sought has
been given written notice and afforded an opportunity to be
heard before the Secretary or a designee under procedures
established by the Secretary pursuant to section 211, unless
the Secretary's determination is shown to be arbitrary and
capricious. The court shall not consider any objection or
argument that was not raised before the Secretary.
``(i) Settlement by Secretary.--The Secretary may compromise,
modify, or remit any civil money penalty that may be, or has been,
imposed under this section.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
The Labor-Management Reporting and Disclosure Act is further
amended--
(1) in section 205 (29 U.S.C. 435), by striking ``211''
each place it appears and inserting ``212'';
(2) in section 207(b) (29 U.S.C. 437(b)), by striking
``211'' each place it appears and inserting ``212''; and
(3) in section 301(b) (29 U.S.C. 461(b)), by striking ``and
210'' and inserting ``210 and 211''. | Labor Management Reporting and Disclosure Enforcement Act of 2008 - Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to make a labor organization liable to any of its members for a civil money penalty of up to $250 for each day that it fails to provide such member information regarding the organization's constitution, bylaws, organization report, and annual financial report, including any books, records, and accounts necessary to verify such reports.
Authorizes the Secretary of Labor to bring an action in U.S. district court for injunctive relief and enforcement of administrative penalties against any person who has violated or is about to violate any reporting requirements of such Act, including those applying to a labor organization which has or assumes trusteeship over any subordinate labor organization. Requires a district court, upon a complaint by the Secretary that demonstrates failure to file timely and complete reports, to enjoin continued violation of the related reporting requirements.
Authorizes the Secretary, upon finding a violation of specified reporting and disclosure requirements, to impose an administrative money penalty of up to $250 a day, or $10,000 in aggregate, adjusted for inflation, against the person, labor organization, or employer responsible for such violation. | {"src": "billsum_train", "title": "To amend the Labor-Management Reporting and Disclosure Act to provide for specified civil penalties for violations of that Act, and for other purposes."} | 1,953 | 269 | 0.610334 | 1.829532 | 0.950791 | 3.103448 | 7.435345 | 0.905172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``75th Anniversary of the End of World
War II Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States entered World War II as a result of
the surprise Japanese attack against our fleet at Pearl Harbor,
Hawaii, on December 7, 1941, which killed 2,403 people of the
United States;
(2) the United States joined the wartime Allied cause
against the militarist, fascist, and racist dictatorships of
Germany, Japan, and Italy (the Axis), fighting for President
Franklin D. Roosevelt's ``Four Freedoms'' (freedom of speech,
of worship, from want, and from fear);
(3) the United States placed no more than 16,000,000 of its
citizens into uniform in the course of the struggle, enduring a
string of early defeats, recovering to conduct a total war on
land, sea, and air, and eventually establishing total dominance
over its enemies;
(4) the war took the lives of 405,399 United States
military personnel, fellow citizens who made the supreme
sacrifice in a perilous moment in the history of the United
States, giving their lives for the cause of democracy and
peace;
(5) the conflict led to a comprehensive transformation of
the home front from a civilian economy dedicated to peacetime
production into the mightiest engine of military might in human
history (labeled the ``Arsenal of Democracy''), demanding the
participation of the entire citizenry and thus leading to
increased opportunities for racial minorities and women;
(6) the war ended on September 2, 1945, after the
unconditional surrender of Nazi Germany, Fascist Italy, and
Imperial Japan, and a total victory for the United States and
the Allies;
(7) Allied victory in World War II transformed the United
States into the leader of the ``free world,'' a community of
countries dedicated to democratic principles and to resisting
all forms of tyranny, including authoritarian, militarist, or
communist, and an international order founded on open
societies, liberal economies, and the peaceful resolution of
disputes;
(8) participation in the wartime struggle emboldened women,
African Americans and other previously marginalized groups to
seek equal rights, encouraged the growth of the civil rights
movement, and thus contributed to the development of ``a more
perfect union,'' guaranteeing freedom, justice, and equality
for all;
(9) the generation of United States citizens who fought
World War II is passing away with the march of time, and that
therefore the urgent need to give honor to those who served is
all the more critical; and
(10) the period from May 8, 2020, to September 2, 2020,
will mark the 75th anniversary of the end of the involvement of
the United States in World War II and the surrender of Nazi
Germany and Imperial Japan, respectively.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the 75th anniversary of the end of
World War II, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain not less than 90 percent gold.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 500,000 $1 coins in commemoration of the 75th Anniversary of the
end of World War II, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain not less than 90 percent silver.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 750,000 half dollar clad coins in commemoration of the 75th
Anniversary of the end of World War II, each of which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112 (b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the great sacrifices made by millions of people
of the United States 75 years ago to bring a victorious end to World
War II.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2020''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Design.--On each coin minted under this Act, there shall be a
representation of the World War II Victory Medal, awarded to all 16
million United States military personnel who served from December 7,
1941, to December 31, 1946.
(d) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with The
National WWII Museum and the Commission of Fine Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2020, and ending on
December 31, 2020.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(4) A surcharge of $50 per coin for the $1 coin described
under section 3(d).
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the congressionally
designated The National WWII Museum Inc. to fund its educational
mission of telling the story of the United States experience in World
War II.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of The National WWII Museum Inc. as may be related to the
expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin programs issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | 75th Anniversary of the End of World War II Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 coins, 500,000 $1 coins, and 750,000 half-dollar coins in commemoration of the 75th anniversary of the end of World War II. The coins shall be emblematic of the sacrifices made by millions of people of the United States 75 years ago in bringing an end to World War II. The design on each coin shall represent the World War II Victory Medal, which was awarded to all 16 million U.S. military personnel who served from December 7, 1941, to December 31, 1946. The bill requires all sales of such coins include specified surcharges, which shall be paid by Treasury to the congressionally designated National WWII Museum to fund its educational mission of telling the story of the U.S. experience in World War II. | {"src": "billsum_train", "title": "75th Anniversary of the End of World War II Commemorative Coin Act"} | 2,045 | 186 | 0.43146 | 1.313648 | 0.739921 | 4.267857 | 11.422619 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Operations Warrior
Foundation Charter Act''.
SEC. 2. CHARTER FOR SPECIAL OPERATIONS WARRIOR FOUNDATION.
Part B of subtitle II of title 36, United States Code, is amended
by inserting after chapter 2305 the following new chapter:
``CHAPTER 2306--SPECIAL OPERATIONS WARRIOR FOUNDATION
``Sec. 230601. Definitions
``For the purposes of this chapter--
``(1) the term `Special Operations personnel' means all
military personnel from all services assigned to the United
States Special Operations Command of the Department of Defense
or its successor commands or organizations.
``(2) the term `State' includes the District of Columbia
and the territories and possessions of the United States.
``Sec. 230602. Organization
``(a) Federal Charter.--The Special Operations Warrior Foundation
(in this chapter, the `corporation'), a nonprofit corporation
incorporated in the District of Columbia, is a federally chartered
corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 230603. Purposes
``The purposes of the corporation are as provided in its bylaws and
articles of incorporation and include the provision of scholarship
grants and family, financial, and educational counseling to the
families of Special Operations personnel who have given their lives in
patriotic service to their country.
``Sec. 230604. Governing body
``(a) Board of Directors.--The board of directors is the governing
body of the corporation. The composition of the board -and its powers,
duties, and responsibilities are as provided in the corporation's
bylaws and articles of incorporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in its bylaws and articles of
incorporation.
``Sec. 230605. Powers
``The corporation may--
``(1) adopt and amend bylaws for the management of its
property and the regulation of its affairs;
``(2) adopt and alter the corporate seal;
``(3) choose officers, managers, and agents as the
activities of the corporation require;
``(4) solicit, accept, and use to carry out the purposes of
the corporation any appropriations, grants, funds,
contributions in cash or in-kind, or property from the
government of the United States, State and local governments,
charitable or educational organizations, foundations, public
and private corporations, and individuals;
``(5) make contracts;
``(6) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
``(7) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
``(8) sue and be sued; and
``(9) do any other act necessary and proper to carry out
the purposes of the corporation.
``Sec. 230606. Support by the Departments of Defense and Veterans
Affairs
``(a) In General.--The Department of Defense, the Department of
Veterans Affairs, and any other Federal departments or agencies as may
be necessary and appropriate, may provide such assistance to the
corporation as is required to accomplish the purposes of the
corporation.
``(b) Information.--The Departments of Defense and Veterans Affairs
shall provide such information to the corporation as shall enable the
corporation to provide timely benefits to the surviving families of any
Special Operations personnel killed in the line of duty. The
information shall include all the data recorded on any casualty report
on the decedent and the names, addresses, and telephone numbers of the
decedent's surviving children and the names, addresses, and telephone
numbers of the parent or legal guardians of the decedent's surviving
children.
``(c) Logistics.--The Department of Defense may provide logistical
support to the corporation.
``Sec. 230607. Exclusive right to name, seals, emblems, and badges
``The corporation shall have the exclusive right to use the name
`Special Operations Warrior Foundation' and any seals, emblems, and
badges the corporation adopts.
``Sec. 230608. Restrictions
``(a) Stocks and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or a director or
officer of the corporation, as such, may not contribute to, support, or
participate in any political activity.
``(c) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director or officer during the life of the charter granted by this
chapter. This subsection does not prevent the payment of reasonable
compensation to an officer or director or reimbursement for actual and
necessary expenses incurred by an officer or director in amounts
approved by the board of directors.
``(d) Loans.--The corporation may not make a loan to any director,
officer, or employee.
``Sec. 230609. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the District of
Columbia.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 2306010. Records
``The corporation shall keep correct and complete records of
account and minutes of the proceedings of its board of directors and
committees having any of the authority of its board of directors.
``Sec. 2306011. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 2306012. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title.''.
SEC. 3. CLERICAL AMENDMENT.
The table of chapters at the beginning of subtitle II of title 36,
United States Code, is amended by inserting after the item relating to
chapter 2305 the following new item:
``2306. Special Operations Warrior Foundation............... 230601''. | Special Operations Warrior Foundation Charter Act - Grants a Federal charter to the Special Operations Warrior Foundation, Inc. (a nonprofit corporation organized under the laws of the District of Columbia). | {"src": "billsum_train", "title": "To amend title 36, United States Code, to grant a Federal charter to the Special Operations Warrior Foundation, Inc."} | 1,473 | 42 | 0.593401 | 1.438298 | 0.579388 | 3.176471 | 39.764706 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect America's Wildlife Act of
2009''.
SEC. 2. ADDITIONAL PROHIBITIONS.
Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-
1(a)) is amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking ``or'' after the
semicolon;
(3) in paragraph (3), by adding ``or'' after the semicolon;
(4) by inserting after paragraph (3) the following:
``(4) knowingly violates any regulation promulgated under
this Act;''; and
(5) in the matter following paragraph (4) (as inserted by
this section), by striking ``$5,000'' and inserting
``$50,000''.
SEC. 3. EXCEPTIONS TO PROHIBITIONS.
Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-
1(b)) is amended--
(1) in paragraph (1), by striking ``This section'' and
inserting ``Subject to paragraph (3), this section'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``issues a permit referred to in'' and
inserting ``authorizes an employee, agent, or person
operating under a license or permit to take an action
under'';
(B) in subparagraph (A), by striking ``to whom a
permit was issued'' and inserting ``so authorized'';
(C) in subparagraph (B), by striking
``thereunder'';
(D) in subparagraph (C), by striking ``to whom a
permit was issued''; and
(E) in subparagraph (D), by striking ``issuing the
permit'' and inserting ``authorizing the action,
including, for actions intended to protect land, water,
or wildlife, the scientific basis for the actions so
authorized''; and
(3) by adding at the end the following:
``(3) Enhancing the propagation and survival of wildlife.--
No person exempted under paragraph (1) may shoot, attempt to
shoot, or harass any wolf, bear, or wolverine for the purpose
of enhancing the propagation and survival of wildlife,
including game populations, unless--
``(A) the head of the fish and wildlife agency of
the State and, for game populations on land under the
jurisdiction of the Department of the Interior, the
Secretary of the Interior, or for game populations on
land under the jurisdiction of the Department of
Agriculture, the Secretary of Agriculture, determines,
based on the best scientific data available, that--
``(i) a biological emergency is imminent;
and
``(ii) all other practicable means to
prevent the biological emergency, including
stopping regulated takes of the declining
population, have been implemented;
``(B) the action is carried out--
``(i) by an officer or employee of--
``(I) the fish and wildlife agency
of the State; or
``(II)(aa) for game populations on
land under the jurisdiction of the
Department of the Interior, the
Department of the Interior; or
``(bb) for game populations on land
under the jurisdiction of the
Department of Agriculture, the
Department of Agriculture; and
``(ii) only in the specific geographical
area in which the imminent biological emergency
is located; and
``(C) the action results in the removal of not more
than the minimum number of predators necessary to
prevent the biological emergency.
``(4) Exception relating to actions authorized by secretary
of the interior.--The Secretary of the Interior may authorize
any action described in subsection (a)--
``(A) to prevent the extinction of a species that
is listed as a threatened species or endangered species
under section 4(c)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1533(c)(1)); and
``(B) if the Secretary of the Interior determines
that there is no other means available to address the
threat of extinction of the species described in
subparagraph (A).''.
SEC. 4. DEFINITIONS.
Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1)
is amended by striking subsection (c) and inserting the following:
``(c) Definitions.--In this section:
``(1) Aircraft.--The term `aircraft' means any contrivance
used for flight in the air.
``(2) Biological emergency.--The term `biological
emergency' means the likely extirpation or a significant and
imminent threat to the sustainability of a wildlife population
due to predation by wolves, bears, or wolverines (or any
combination thereof).
``(3) Harass.--The term `harass' means--
``(A) chasing or exhausting an animal; and
``(B) such other activities as are determined by
the Secretary.''. | Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft (airborne hunting). Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973. | {"src": "billsum_train", "title": "To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes."} | 1,157 | 120 | 0.512429 | 1.266888 | 0.548496 | 2.484536 | 11.010309 | 0.71134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Borrower Fairness Act''.
SEC. 2. AVAILABILITY OF STUDENT LOANS AT FEDERAL RESERVE BANK DISCOUNT
RATE.
(a) Availability of Student Loans.--Section 455(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(b)) is amended--
(1) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11); and
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) Special rule for new loans on or after july 1,
2015.--
``(A) Application of lower rate of interest.--
Notwithstanding the preceding paragraphs of this
subsection, if the rate of interest determined under
subparagraph (B) with respect to any loan for which the
first disbursement is made on or after July 1, 2015, is
less than the applicable rate of interest for the loan
under paragraph (8), the applicable rate of interest
for the loan shall be the rate determined under
subparagraph (B).
``(B) Determination of rate.--The rate of interest
determined under this subparagraph is, with respect to
a loan disbursed during any 12-month period beginning
on July 1 and ending on June 30, the primary credit
rate charged by the Federal Reserve banks on the
preceding June 1 for purposes of sections 13 and 13A of
the Federal Reserve Act (12 U.S.C. 342 et seq.).
``(C) Consultation.--The Secretary shall determine
the rate of interest under subparagraph (B) after
consultation with the Secretary of the Treasury and
shall publish such rate in the Federal Register as soon
as practicable after the date of determination.
``(D) Fixed rate.--The applicable rate of interest
determined under this paragraph for a loan shall be
fixed for the period of the loan.''.
(b) Borrower Modification of Interest Rates.--Section 455(b) of
such Act (20 U.S.C. 1087e(b)), as amended by subsection (a), is further
amended by adding at the end the following new paragraph:
``(12) Borrower modification of interest rate.--
``(A) Modification.--Notwithstanding the preceding
paragraphs of this subsection, the borrower of a
Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, a Federal Direct PLUS Loan,
or a Federal Direct Consolidation Loan may elect to
modify the interest rate of the loan to be equal to the
interest rate that would be applicable to such loan if
such loan were first disbursed (or in the case of a
Federal Direct Consolidation Loan, first applied for)
on the date on which such borrower elects to modify the
interest rate of such loan.
``(B) Fixed rate.--Except as provided in
subparagraph (C), an interest rate elected under
subparagraph (A) for a loan shall be fixed for the life
of the loan.
``(C) Continuing authority to modify.--A borrower
may elect to modify the interest rate of a loan in
accordance with subparagraph (A) at any time during the
life of the loan.
``(D) Construction.--Nothing in this paragraph
shall be construed to authorize any refunding of any
repayment of a loan.''.
SEC. 3. INCOME TAX RATE OF PUBLICLY TRADED CORPORATIONS BASED ON
COMPENSATION RATIO.
(a) In General.--Section 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(e) Tax Rate of Publicly Traded Corporations Based on
Compensation Ratio.--
``(1) In general.--In the case of a publicly traded
corporation (as defined in section 162(m)(2)), the amount of
tax under subsection (b) shall be determined--
``(A) by adjusting the highest rate of tax
applicable to the taxpayer by the percentage point
adjustment specified in paragraph (2), and
``(B) by making proper adjustments to--
``(i) the dollar amount in clause (ii) of
the second sentence of paragraph (1), and
``(ii) the dollar amount in clause (ii) of
the third sentence of paragraph (1).
``(2) Adjustment of tax rate.--For purposes of paragraph
(1), the percentage points specified in this paragraph shall be
determined as follows:
----------------------------------------------------------------------------------------------------------------
``If the compensation ratio is: The percentage point adjustment is:
----------------------------------------------------------------------------------------------------------------
Not more than 25............................. -1 percentage points
More than 25 but not more than 50............ -0.5 percentage points
More than 50 but not more than 100........... zero
More than 100 but not more than 150.......... +0.5 percentage points
More than 150 but not more than 200.......... +1 percentage points
More than 200 but not more than 250.......... +1.5 percentage points
More than 250 but not more than 300.......... +2 percentage points
More than 300 but not more than 400.......... +2.5 percentage points
More than 400................................ +3 percentage points.
----------------------------------------------------------------------------------------------------------------
``(3) Definitions.--For purposes of this subsection--
``(A) Compensation ratio.--The compensation ratio
for a taxable year means a ratio--
``(i) the numerator of which is the amount
equal to the greater of the compensation of the
chief operating officer or the highest paid
employee of the taxpayer for the calendar year
preceding the beginning of the taxable year,
and
``(ii) the denominator of which is the
amount equal to the median compensation of all
employees employed by the taxpayer in the
United States for the calendar year preceding
the beginning of the taxable year.
``(B) Compensation.--
``(i) Employees.--In the case of employees
of the taxpayer other than the chief operating
officer or the highest paid employee, the term
`compensation' means wages (as defined in
section 3121(a)) paid by the taxpayer during a
calendar year.
``(ii) CEO and highest paid employee.--In
the case of the chief operating officer and the
highest paid employee of the taxpayer, the term
`compensation' means total compensation for the
calendar year, as reported in the Summary
Compensation Table reported to the Securities
and Exchange Commission pursuant to Item 402 of
Regulation S-K of the Securities and Exchange
Commission.
``(4) Special rule if contracted or foreign employee ratio
increases.--
``(A) In general.--If--
``(i) the total number of full-time
employees, determined on an annual full-time
equivalent basis, employed by the taxpayer in
the United States for a taxable year is reduced
by more than 10 percent, as compared to the
total number of full-time employees, determined
on an annual full-time equivalent basis,
employed by the taxpayer in the United States
for the preceding taxable year, and
``(ii) the total number of contracted
employees or foreign full-time employees,
determined on an annual full-time equivalent
basis, of the taxpayer for that taxable year
has increased, as compared with the total
number of contracted employees or foreign full-
time employees, determined on an annual full-
time equivalent basis, of the taxpayer for the
preceding taxable year,
then the applicable tax rate determined under paragraph
(2) shall be increased by 50 percent. For taxpayers who
first commence doing business during the taxable year,
the number of full-time employees, contracted
employees, and foreign full-time employees for the
immediately preceding prior taxable year shall be zero.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Annual full-time equivalent.--The
term `annual full-time equivalent' means--
``(I) in the case of a full-time
employee paid hourly qualified wages,
the total number of hours worked for
the taxpayer by the employee, not to
exceed 2,000 hours per employee,
divided by 2,000, and
``(II) in the case of a salaried
full-time employee, the total number of
weeks worked for the taxpayer by the
employee divided by 52.
``(ii) Contracted full-time employee.--The
term `contracted full-time employee' means an
individual engaged by the taxpayer to provide a
specific set of services established pursuant
to the terms and conditions of a written
employment contract that delineates the length
of employment, the salary and bonuses (if any)
to be paid, and the benefits that accrue to
that individual.
``(iii) Foreign full-time employee.--The
term `foreign full-time employee' means a full-
time employee of the taxpayer that is employed
at a location other than the United States.
``(iv) Full-time employee.--The term `full-
time employee' means an employee of the
taxpayer that either--
``(I) is paid compensation by the
taxpayer for services of not less than
an average of 35 hours per week, or
``(II) is a salaried employee of
the taxpayer and is paid compensation
during the taxable year for full-time
employment.
``(5) Controlled groups.--For purposes of this subsection,
all persons treated as a single employer under subsection (b),
(c), (m) or (o) of section 414, shall be treated as one person.
``(6) Reports.--The taxpayer shall furnish such reports to
the Secretary with respect to compensation and such other
matters as the Secretary may require. The reports required by
this subsection shall be filed at such time and in such manner
as may be required by the Secretary.
``(7) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this subsection, including any
guidelines regarding the determination of wages, average
compensation, and compensation ratio.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act. | Student Borrower Fairness Act This bill amends the Higher Education Act of 1965 to permit student loan borrowers to refinance their loans at interest rates offered on loans to banks by the Federal Reserve System. The cost of this bill is offset by an amendment to the Internal Revenue Code that increases the corporate income rate on companies that pay their chief executive officers or highest paid employees more than 100 times the median compensation of all their employees. | {"src": "billsum_train", "title": "Student Borrower Fairness Act"} | 2,359 | 89 | 0.44293 | 1.134329 | 0.183655 | 1.719512 | 25.182927 | 0.743902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Stability Act''.
SEC. 2. HOUSING TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES, AND
THEIR SPOUSES AND OTHER DEPENDENTS, UNDERGOING A
PERMANENT CHANGE OF STATION WITHIN THE UNITED STATES.
(a) Housing Treatment.--
(1) In general.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 403 the following new
section:
``Sec. 403a. Housing treatment for certain members of the Armed Forces,
and their spouses and other dependents, undergoing a
permanent change of station within the United States
``(a) Housing Treatment for Certain Members Who Have a Spouse or
Other Dependents.--
``(1) Housing treatment regulations.--The Secretary of
Defense shall prescribe regulations that permit a member of the
armed forces described in paragraph (2) who is undergoing a
permanent change of station within the United States to request
the housing treatment described in subsection (b) during the
covered relocation period of the member.
``(2) Eligible members.--A member described in this
paragraph is any member who--
``(A) has a spouse who is gainfully employed or
enrolled in a degree, certificate or license granting
program at the beginning of the covered relocation
period;
``(B) has one or more dependents attending an
elementary or secondary school at the beginning of the
covered relocation period;
``(C) has one or more dependents enrolled in the
Exceptional Family Member Program; or
``(D) is caring for an immediate family member with
a chronic or long-term illness at the beginning of the
covered relocation period.
``(b) Housing Treatment.--
``(1) Continuation of housing for the spouse and other
dependents.--If a spouse or other dependent of a member whose
request under subsection (a) is approved resides in Government-
owned or Government-leased housing at the beginning of the
covered relocation period, the spouse or other dependent may
continue to reside in such housing during a period determined
in accordance with the regulations prescribed pursuant to this
section.
``(2) Early housing eligibility.--If a spouse or other
dependent of a member whose request under subsection (a) is
approved is eligible to reside in Government-owned or
Government-leased housing following the member's permanent
change of station within the United States, the spouse or other
dependent may commence residing in such housing at any time
during the covered relocation period.
``(3) Temporary use of government-owned or government-
leased housing intended for members without a spouse or
dependent.--If a spouse or other dependent of a member
relocates at a time different from the member in accordance
with a request approved under subsection (a), the member may be
assigned to Government-owned or Government-leased housing
intended for the permanent housing of members without a spouse
or dependent until the member's detachment date or the spouse
or other dependent's arrival date, but only if such Government-
owned or Government-leased housing is available without
displacing a member without a spouse or dependent at such
housing.
``(4) Equitable basic allowance for housing.--If a spouse
or other dependent of a member relocates at a time different
from the member in accordance with a request approved under
subsection (a), the amount of basic allowance for housing
payable may be based on whichever of the following areas the
Secretary concerned determines to be the most equitable:
``(A) The area of the duty station to which the
member is reassigned.
``(B) The area in which the spouse or other
dependent resides, but only if the spouse or other
dependent resides in that area when the member departs
for the duty station to which the member is reassigned,
and only for the period during which the spouse or
other dependent resides in that area.
``(C) The area of the former duty station of the
member, but only if that area is different from the
area in which the spouse or other dependent resides.
``(c) Rule of Construction Related to Certain Basic Allowance for
Housing Payments.--Nothing in this section shall be construed to limit
the payment or the amount of basic allowance for housing payable under
section 403(d)(3)(A) of this title to a member whose request under
subsection (a) is approved.
``(d) Housing Treatment Education.--The regulations prescribed
pursuant to this section shall ensure the relocation assistance
programs under section 1056 of title 10 include, as part of the
assistance normally provided under such section, education about the
housing treatment available under this section.
``(e) Definitions.--In this section:
``(1) Covered relocation period.--(A) Subject to
subparagraph (B), the term `covered relocation period', when
used with respect to a permanent change of station of a member
of the armed forces, means the period that--
``(i) begins 180 days before the date of the
permanent change of station; and
``(ii) ends 180 days after the date of the
permanent change of station.
``(B) The regulations prescribed pursuant to this section
may provide for a lengthening of the covered relocation period
of a member for purposes of this section.
``(2) Dependent.--The term `dependent' has the meaning
given that term in section 401 of this title.
``(3) Permanent change of station.--The term `permanent
change of station' means a permanent change of station
described in section 452(b)(2) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 7 such title is amended by inserting after
the item relating to section 403 the following new item:
``403a. Housing treatment for certain members of the armed forces, and
their spouses and other dependents,
undergoing a permanent change of station
within the United States.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to permanent changes of station of members of the Armed Forces
that occur on or after October 1 of the fiscal year that begins after
such date of enactment.
(c) Comptroller General of the United States Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report on
potential actions of the Department of Defense to enhance the
well-being of military families undergoing a permanent change
of station.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A comparison of the current percentage of
spouses in military families who work with the
percentage of spouses in military families who worked
in the recent past, and an assessment of the impact of
the change in such percentage on military families.
(B) An assessment of the effects of relocation of
military families undergoing a permanent change of
station on the employment, education, and licensure of
spouses of military families.
(C) An identification of potential actions of the
Department to enhance the well-being of military
families undergoing a permanent change of station and
to generate cost savings in connection with such
changes of station.
(D) An assessment of the utilization rate of the
housing treatment provided by section 403a of title 37,
United States Code (as added by subsection (a)).
(E) Such other matters as the Comptroller General
considers appropriate.
(3) Additional element on funding military family support
programs.--In addition to the elements specified in paragraph
(2), the report required by paragraph (1) shall also include a
comparison of--
(A) the average annual amount spent by each Armed
Force over the five-year period ending on December 31,
2016, on recruitment and retention bonuses and special
pays for members of such Armed Force; and
(B) the average annual amount spent by such Armed
Force over such period on programs for military
families and support of military families. | Military Family Stability Act This bill directs the Department of Defense (DOD) to prescribe regulations that permit an eligible member of the Armed Forces who is undergoing a permanent change of station within the United States to request specified housing treatment during the period from 180 days before to 180 days after such change. An "eligible member" is a member who: has a spouse who is gainfully employed or enrolled in a degree, certificate, or license granting program at the beginning of such period; has one or more dependents attending an elementary or secondary school at the beginning of such period; has one or more dependents enrolled in the Exceptional Family Member Program; or is caring for an immediate family member with a chronic or long-term illness at the beginning of such period. If a spouse or other dependent of a member whose request for such housing treatment is approved: (1) resides in government-owned or government-leased housing at the beginning of such period, he or she may continue to reside there during such period; and (2) relocates at a time different from the member, the member may be assigned to housing intended for members without a spouse or dependent until the member's detachment date or the spouse or other dependent's arrival date, if such housing is available without displacing a member without a spouse or dependent. (The bill specifies alternatives for the basic housing allowance to be provided in such case.) The Government Accountability Office shall report to Congress on potential DOD actions to enhance the well-being of military families undergoing a permanent change of station. | {"src": "billsum_train", "title": "Military Family Stability Act"} | 1,814 | 349 | 0.740663 | 2.222919 | 0.916407 | 4.990228 | 5.472313 | 0.931596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public School Construction
Partnership Act''.
SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS
EXEMPT FACILITY BONDS.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond) is amended by striking ``or'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
or'', and by adding at the end the following:
``(13) qualified public educational facilities.''
(b) Qualified Public Educational Facilities.--Section 142 of the
Internal Revenue Code of 1986 (relating to exempt facility bond) is
amended by adding at the end the following new subsection:
``(k) Qualified Public Educational Facilities.--
``(1) In general.--For purposes of subsection (a)(13), the
term `qualified public educational facility' means any school
facility which is--
``(A) part of a public elementary school or a
public secondary school, and
``(B) owned by a private, for-profit corporation
pursuant to a public-private partnership agreement with
a State or local educational agency described in
paragraph (2).
``(2) Public-private partnership agreement described.--A
public-private partnership agreement is described in this
paragraph if it is an agreement--
``(A) under which the corporation agrees--
``(i) to do 1 or more of the following:
construct, rehabilitate, refurbish, or equip a
school facility, and
``(ii) at the end of the term of the
agreement, to transfer the school facility to
such agency for no additional consideration,
and
``(B) the term of which does not exceed the term of
the issue to be used to provide the school facility.
``(3) School facility.--For purposes of this subsection,
the term `school facility' means--
``(A) school buildings,
``(B) functionally related and subordinate
facilities and land with respect to such buildings,
including any stadium or other facility primarily used
for school events, and
``(C) any property, to which section 168 applies
(or would apply but for section 179), for use in the
facility.
``(4) Public schools.--For purposes of this subsection, the
terms `elementary school' and `secondary school' have the
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801), as in
effect on the date of the enactment of this subsection.
``(5) Annual aggregate face amount of tax-exempt
financing.--
``(A) In general.--An issue shall not be treated as
an issue described in subsection (a)(13) if the
aggregate face amount of bonds issued by the State
pursuant thereto (when added to the aggregate face
amount of bonds previously so issued during the
calendar year) exceeds an amount equal to the greater
of--
``(i) $10 multiplied by the State
population, or
``(ii) $5,000,000.
``(B) Allocation rules.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the State may
allocate in a calendar year the amount
described in subparagraph (A) for such year in
such manner as the State determines
appropriate.
``(ii) Rules for carryforward of unused
amount.--With respect to any calendar year, a
State may make an election under rules similar
to the rules of section 146(f), except that the
sole carryforward purpose with respect to such
election is the issuance of exempt facility
bonds described in section 142(a)(13).''
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds) is amended--
(1) by striking ``or (12)'' and inserting ``(12), or
(13)'', and
(2) by striking ``and environmental enhancements of
hydroelectric generating facilities'' and inserting
``environmental enhancements of hydroelectric generating
facilities, and qualified public educational facilities''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(h) of the Internal Revenue Code of 1986 (relating to certain rules
not to apply to mortgage revenue bonds, qualified student loan bonds,
and qualified 501(c)(3) bonds) is amended by adding at the end the
following new paragraph:
``(3) Exempt facility bonds for qualified public-private
schools.--Subsection (c) shall not apply to any exempt facility
bond issued as part of an issue described in section 142(a)(13)
(relating to qualified public-private schools).''
(e) Conforming Amendment.--The heading of section 147(h) of the
Internal Revenue Code of 1986 is amended by striking ``Mortgage Revenue
Bonds, Qualified Student Loan Bonds, and Qualified 501(c)(3) Bonds'' in
the heading and inserting ``Certain Bonds''.
(f) Effective Date.--The amendments made by this section shall
apply to bonds issued after December 31, 2001.
SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR
GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES.
(a) Spending Requirement for Public School Construction Issue.--
Paragraph (4)(C) of section 148(f) of the Internal Revenue Code of 1986
(relating to required rebate to the United States) is amended by adding
at the end the following new clause:
``(xviii) 4-year spending requirement for
public school construction issue.--
``(I) In general.--In the case of a
public school construction issue, the
spending requirements of clause (ii)
shall be treated as met if at least 10
percent of the available construction
proceeds of the construction issue are
spent for the governmental purposes of
the issue within the 1-year period
beginning on the date the bonds are
issued, 30 percent of such proceeds are
spent for such purposes within the 2-
year period beginning on such date, 50
percent of such proceeds are spent for
such purposes within the 3-year period
beginning on such date, and 100 percent
of such proceeds are spent for such
purposes within the 4-year period
beginning on such date.
``(II) Public school construction
issue.--For purposes of this clause,
the term `public school construction
issue' means any construction issue if
no bond which is part of such issue is
a private activity bond and all of the
available construction proceeds of such
issue are to be used for the
construction (as defined in clause
(iv)) of public school facilities to
provide education or training below the
postsecondary level or for the
acquisition of land that is
functionally related and subordinate to
such facilities.
``(III) Other rules to apply.--
Rules similar to the rules of the
preceding provisions of this
subparagraph which apply to clause (ii)
shall apply to this clause.''
(b) Increase in Arbitrage Rebate Exception for Governmental Bonds
Used To Finance Education Facilities.--Section 148(f)(4)(D)(vii) of the
Internal Revenue Code of 1986 (relating to increase in exception for
bonds financing public school capital expenditures) is amended by
striking ``$5,000,000'' the second place it appears and inserting
``$10,000,000''.
(c) Effective Date.--The amendment made by this section shall apply
to obligations issued after December 31, 2001.
SEC. 4. TREATMENT OF PUBLIC SCHOOL CONSTRUCTION BONDS AS QUALIFIED TAX-
EXEMPT OBLIGATIONS.
(a) In General.--Clause (i) of subsection (b)(3)(B) of section 265
of the Internal Revenue Code of 1986 (relating to expenses and interest
relating to tax-exempt income) is amended to read as follows:
``(i) In general.--For purposes of
subparagraph (A), the term `qualified tax-
exempt obligation' means a tax-exempt
obligation--
``(I) which is issued after August
7, 1986, by a qualified small issuer,
is not a private activity bond (as
defined in section 141), and is
designated by the issuer for purposes
of this paragraph, or
``(II) which is a public school
construction bond (within the meaning
of section 148(f)(4)(C)(xviii)) issued
by a qualified small education bond
issuer (as defined in subparagraph
(G)).''
(b) Definition of Qualified Small Education Bond Issuer.--
Subsection (b)(3) of section 265 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subparagraph:
``(G) Qualified small education bond issuer.--For
purposes of subparagraph (B)(i)(II), the term
`qualified small education bond issuer' means, with
respect to bonds issued during any calendar year, any
issuer if the reasonably anticipated amount of public
school construction bonds which will be issued by such
issuer during such calendar year does not exceed
$25,000,000.''
(c) Conforming Amendment.--Section 265(b)(3)(B)(ii) of such Code is
amended by striking ``(i)(II)'' in the matter preceding subclause (I)
and inserting ``(i)''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2001. | Public School Construction Partnership Act - Amends the Internal Revenue Code to provide for the treatment of qualified public educational facility bonds as exempt facility bonds. Defines a "qualified public educational facility" as any school facility which is: (1) part of a public elementary school or a public secondary school; and (2) owned by a private, for-profit corporation pursuant to a public-private partnership agreement with a State or local educational agency. Provides for an exception from the State volume cap.Sets forth provisions concerning: (1) time-related spending requirements for public school construction bonds and doubling the arbitrage rebate exception for governmental bonds used to finance education facilities; and (2) the treatment of public school construction bonds as qualified tax-exempt obligations. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow issuance of tax-exempt private activity bonds to finance public-private partnership activities relating to school facilities in public elementary and secondary schools, and for other purposes."} | 2,219 | 159 | 0.593791 | 1.495699 | 0.808273 | 4.29932 | 13.156463 | 0.911565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anaktuvuk Pass Land Exchange and
Wilderness Redesignation Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(a) On December 2, 1980, the Alaska National Interest Lands
Conservation Act (94 Stat. 2371) established Gates of the
Arctic National Park and Preserve and Gates of the Arctic
Wilderness. The village of Anaktuvuk Pass, located in the
highlands of the central Brooks Range, is virtually surrounded
by these national park and wilderness lands and is the only
village located within the boundary of a National Park System
unit in Alaska.
(b) Unlike most other Alaskan Native communities, the
village of Anaktuvuk Pass is not located on a major river,
lake, or coastline that can be used as a means of access. The
residents of Anaktuvuk Pass have relied increasingly on snow
machines in winter and all-terrain vehicles in summer as their
primary means of access to pursue caribou and other subsistence
resources.
(c) In a 1983 land exchange agreement, linear easements
were reserved by the Inupiat Eskimo people for use of all-
terrain vehicles across certain national park lands, mostly
along stream and river banks. These linear easements proved
unsatisfactory, because they provided inadequate access to
subsistence resources while causing excessive environmental
impact from concentrated use.
(d) The National Park Service and the Nunamiut Corporation
initiated discussions in 1985 to address concerns over the use
of all-terrain vehicles on park and wilderness land. Those
discussions resulted in an agreement, originally executed in
1992 and thereafter amended in 1993 and 1994, among the
National Park Service, the Nunamiut Corporation, the City of
Anaktuvuk Pass, and the Arctic Slope Regional Corporation. Full
effectuation of this agreement, as amended, requires
ratification by the Congress.
SEC. 3. RATIFICATION OF AGREEMENT.
(a) Ratification.--
(1) In general.--The terms, conditions, procedures,
covenants, reservations and other provisions set forth in the
document entitled ``Donation, Exchange of Lands and Interests
in Lands and Wilderness Redesignation Agreement Among Arctic
Slope Regional Corporation, Nunamiut Corporation, City of
Anaktuvuk Pass and the United States of America'' (hereinafter
referred to in this Act as ``the Agreement''), executed by the
parties on December 17, 1992, as amended, are hereby
incorporated in this Act, are ratified and confirmed, and set
forth the obligations and commitments of the United States,
Arctic Slope Regional Corporation, Nunamiut Corporation and the
City of Anaktuvuk Pass, as a matter of Federal law.
(2) Land acquisition.--Lands acquired by the United States
pursuant to the Agreement shall be administered by the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') as part of the Gates of the Arctic National Park
and Preserve, subject to the laws and regulations applicable
thereto.
(b) Maps.--The maps set forth as Exhibits C1, C2, and D through I
to the Agreement depict the lands subject to the conveyances, retention
of surface access rights, access easements and all-terrain vehicle
easements. These lands are depicted in greater detail on a map entitled
``Land Exchange Actions, Proposed Anaktuvuk Pass Land Exchange and
Wilderness Redesignation, Gates of the Arctic National Park and
Preserve'', Map No. 185/80,039, dated April 1994, and on file at the
Alaska Regional Office of the National Park Service and the offices of
Gates of the Arctic National Park and Preserve in Fairbanks, Alaska.
Written legal descriptions of these lands shall be prepared and made
available in the above offices. In case of any discrepancies, Map No.
185/80,039, shall be controlling.
SEC. 4. NATIONAL PARK SYSTEM WILDERNESS.
(a) Redesignation.--Section 701(2) of the Alaska National Interest
Lands Conservation Act (94 Stat. 2371, 2417) establishing the Gates of
the Arctic Wilderness is hereby amended with the addition of
approximately fifty-six thousand eight hundred and twenty-five acres as
wilderness and the rescission of approximately seventy-three thousand
nine hundred and ninety-three acres as wilderness, thus revising the
Gates of the Arctic Wilderness to approximately seven million thirty-
four thousand eight hundred and thirty-two acres.
(b) Maps.--The lands redesignated in subsection (a) are depicted on
a map entitled ``Wilderness Actions, Proposed Anaktuvuk Pass Land
Exchange and Wilderness Redesignation, Gates of the Arctic National
Park and Preserve'', Map No. 185/80,040, dated April 1994 and on file
at the Alaska Regional Office of the National Park Service and the
office of Gates of the Arctic National Park and Preserve in Fairbanks,
Alaska.
SEC. 5. CONFORMANCE WITH OTHER LAW.
(a) Alaska Native Claims Settlement Act.--All of the lands, or
interests therein, conveyed to and received by Arctic Slope Regional
Corporation or Nunamiut Corporation pursuant to the Agreement shall be
deemed conveyed and received pursuant to exchanges under section 22(f)
of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601,
1621(f)). All of the lands or interests in lands conveyed pursuant to
the Agreement shall be conveyed subject to valid existing rights.
(b) Alaska National Interest Lands Conservation Act.--Nothing in
this Act or in the Agreement shall be construed to enlarge or diminish
the rights, privileges or obligations of any person, except to the
extent specifically set forth in this Act or the Agreement, including
specifically the preference for subsistence uses and access to
subsistence resources provided under title VIII of the Alaska National
Interest Lands Conservation Act, as amended (94 Stat. 2371, 2422). | Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994 - Ratifies and confirms the agreement between the United States, the Arctic Slope Regional Corporation, the Nunamiut Corporation, and the city of Anaktuvuk Pass executed on December 17, 1992. Requires the lands acquired by the United States pursuant to such Agreement to be administered by the Secretary of the Interior as part of the Gates of the Arctic National Park and Preserve.
Amends the Alaska National Interest Lands Conservation Act to provide for the addition and the rescission of lands within the Gates of the Arctic Wilderness. | {"src": "billsum_train", "title": "Anaktuvuk Pass Land Exchange and Wilderness Redesignation Act of 1994"} | 1,390 | 142 | 0.555678 | 1.672287 | 0.651935 | 4.028302 | 10.830189 | 0.933962 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Stimulating
Leadership in Limiting Expenditures (or `SLICE') Act of 2007''.
(b) Findings.--Congress finds that--
(1) the Congressional Budget Office has projected that
unless current laws and policies are changed Federal
expenditures will exceed revenues during and after fiscal year
2007, which will require the Government to borrow funds to
offset these deficits;
(2) substantial Federal appropriations will continue to be
required for ongoing costs of national defense and homeland
security, as well as for other urgent purposes;
(3) rescinding previously-mandated spending on lower-
priority items would help reduce the extent to which such
necessary appropriations for urgent purposes would require
increases in the national debt that must be repaid, with
interest, in the future; and
(4) however, under current law, while the President can
propose rescinding such spending, the Congress is not required
to act on any such proposals by the President.
(c) Purpose.--The purpose of this Act is to enable the President to
require Congress to debate and vote on certain presidential proposals
for reducing spending.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``SEC. 1013. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
``(a) Proposed Rescission of Budget Authority.--In addition to the
method of rescinding budget authority specified in section 1012, the
President may propose, at the time and in the manner provided in
subsection (b), the rescission of any budget authority provided in an
appropriation Act. Funds made available for obligation under this
procedure may not be proposed for rescission again under this section
or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 calendar days after the date of
enactment of an appropriation Act, the President may transmit
to Congress one special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority. That bill shall clearly identify
the amount of budget authority that is proposed to be rescinded
for each program, project, or activity to which that budget
authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B) The bill shall be referred to the Committee on
Appropriations of the House of Representatives. The Committee
shall report the bill without substantive revision and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If the Committee on
Appropriations fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
``(C) A vote on final passage of the bill referred to in
subparagraph (B) shall be taken in the House of Representatives
on or before the close of the 10th legislative day of that
House after the date of the introduction of the bill in that
House. If the bill is passed, the Clerk of the House of
Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1) (C) or (E) shall be referred to its Committee on
Appropriations. The committee shall report the bill either
without substantive revision or with an amendment in the nature
of a substitute, and with or without recommendation. The bill
shall be reported not later than the seventh legislative day of
the Senate after it receives the bill. A committee failing to
report the bill within such period shall be automatically
discharged from consideration of the bill, and the bill shall
be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the 10th
legislative day of the Senate after the date on which the bill
is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all amendments thereto and all debatable motions and
appeals in connection therewith, shall not exceed 10 hours. The
time shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Generally Prohibited.--(1) Except as
provided by paragraph (2), no amendment to a bill considered under this
section or to a substitute amendment referred to in paragraph (2) shall
be in order in either the House of Representatives or the Senate. It
shall not be in order to demand a division of the question in the House
of Representatives (or in a Committee of the Whole) or in the Senate.
No motion to suspend the application of this subsection shall be in
order in either House, nor shall it be in order in either House to
suspend the application of this subsection by unanimous consent.
``(2)(A) It shall be in order in the Senate to consider an
amendment in the nature of a substitute reported by the Committee on
Appropriations under subsection (c)(3)(A) that complies with
subparagraph (B).
``(B) It shall only be in order in the Senate to consider any
amendment described in subparagraph (A) if--
``(i) the amendment contains only rescissions to the same
appropriation Act as the bill that it is amending contained;
and
``(ii) the aggregate amount of budget authority rescinded
equals or exceeds the aggregate amount of budget authority
rescinded in the bill that it is amending;
unless that amendment consists solely of the text of the bill as
introduced in the House of Representatives that makes rescissions to
carry out the applicable special message of the President.
``(C) It shall not be in order in the Senate to consider a bill or
an amendment in the nature of a substitute reported by the Committee on
Appropriations under subsection (c)(3)(A) unless the Senate has voted
upon and rejected an amendment in the nature of a substitute consisting
solely of the text of the bill as introduced in the House of
Representatives that makes rescissions to carry out the applicable
special message of the President.
``(e) Requirement to Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the bill transmitted with that special
message rescinding the amount proposed to be rescinded and (if
reported by the Committee on Appropriations) the alternative
bill; or
``(2) the day after the date upon which the Senate rejects
a bill or amendment in the nature of a substitute consisting
solely of the text of the bill as introduced in the House of
Representatives that makes rescissions to carry out the
applicable special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''; and
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
(a) In General.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall apply to
amounts of budget authority provided by appropriation Acts (as defined
in subsection (f) of such section) that are enacted during the One
Hundred Tenth Congress.
(b) Special Transition Rule.--Within 3 calendar days after the
beginning of the One Hundred Eleventh Congress, the President may
retransmit a special message, in the manner provided in section 1013(b)
of the Congressional Budget and Impoundment Control Act of 1974 (as
added by section 2), proposing to rescind only those amounts of budget
authority that were contained in any special message to the One Hundred
Tenth Congress which that Congress failed to consider because of its
sine die adjournment before the close of the time period set forth in
such section 1013 for consideration of those proposed rescissions. A
draft bill shall accompany that special message that, if enacted, would
only rescind that budget authority. Before the close of the second
legislative day of the House of Representatives after the date of
receipt of that special message, the majority leader or minority leader
of the House of Representatives shall introduce (by request) the draft
bill accompanying that special message. If the bill is not introduced
as provided in the preceding sentence, then, on the third legislative
day of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill. The
House of Representatives and the Senate shall proceed to consider that
bill in the manner provided in such section 1013. | Stimulating Leadership in Limiting Expenditures Act (or SLICE Act) of 2007 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose, at any time and in any manner provided in this Act, the rescission of any budget authority in an appropriation Act.
Prohibits funds made available for obligation under this procedure from being proposed for rescission again.
Sets forth requirements for: (1) the President's transmittal to Congress of a special message regarding a proposed rescission; and (2) expedited consideration of such proposal. | {"src": "billsum_train", "title": "To provide for expedited rescissions of budget authority."} | 3,536 | 139 | 0.643331 | 1.7898 | 0.730927 | 3.390476 | 29.961905 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Service Act of 2015''.
SEC. 2. ADDITIONAL APPOINTING AUTHORITIES FOR COMPETITIVE SERVICE.
(a) In General.--Section 3318 of title 5, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Other Appointing Authorities.--
``(1) In general.--During the 240-day period beginning on the
date of issuance of a certificate of eligibles under section
3317(a), an appointing authority other than the appointing
authority requesting the certificate (in this subsection referred
to as the `other appointing authority') may select an individual
from that certificate in accordance with this subsection for an
appointment to a position that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(2) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(3) Requirements.--The selection of an individual under
paragraph (1)--
``(A) shall be made in accordance with subsection (a); and
``(B) subject to paragraph (4), may be made without any
additional posting under section 3327.
``(4) Internal notice.--Before selecting an individual under
paragraph (1), and subject to the requirements of any collective
bargaining obligation of the other appointing authority, the other
appointing authority shall--
``(A) provide notice of the available position to employees
of the other appointing authority;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(5) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an agency
under chapter 71.''.
(b) Alternative Ranking and Selection Procedures.--Section 3319 of
title 5, United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Selection.--
``(1) In general.--An appointing official may select any
applicant in the highest quality category or, if fewer than 3
candidates have been assigned to the highest quality category, in a
merged category consisting of the highest and the second highest
quality categories.
``(2) Use by other appointing officials.--Under regulations
prescribed by the Office of Personnel Management, appointing
officials other than the appointing official described in paragraph
(1) (in this subsection referred to as the `other appointing
official') may select an applicant for an appointment to a position
that is--
``(A) in the same occupational series as the position for
which the certification of eligibles was issued (in this
subsection referred to as the `original position'); and
``(B) at a similar grade level as the original position.
``(3) Applicability.--An appointing authority requesting a
certificate of eligibles may share the certificate with another
appointing authority only if the announcement of the original
position provided notice that the resulting list of eligible
candidates may be used by another appointing authority.
``(4) Requirements.--The selection of an individual under
paragraph (2)--
``(A) shall be made in accordance with this subsection; and
``(B) subject to paragraph (5), may be made without any
additional posting under section 3327.
``(5) Internal notice.--Before selecting an individual under
paragraph (2), and subject to the requirements of any collective
bargaining obligation of the other appointing authority (within the
meaning given that term in section 3318(b)(1)), the other
appointing official shall--
``(A) provide notice of the available position to employees
of the appointing authority employing the other appointing
official;
``(B) provide up to 10 business days for employees of the
other appointing authority to apply for the position; and
``(C) review the qualifications of employees submitting an
application.
``(6) Collective bargaining obligations.--Nothing in this
subsection limits any collective bargaining obligation of an agency
under chapter 71.
``(7) Preference eligibles.--Notwithstanding paragraphs (1) and
(2), an appointing official may not pass over a preference eligible
in the same category from which selection is made, unless the
requirements of section 3317(b) and 3318(c), as applicable, are
satisfied.''.
(c) Technical and Conforming Amendment.--Section 9510(b)(5) of
title 5, United States Code, is amended by striking ``3318(b)'' and
inserting ``3318(c)''.
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
issue an interim final rule with comment to carry out the amendments
made by this section.
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 House on February 29, 2016. Competitive Service Act of 2015 (Sec. 2) This bill authorizes an appointing authority (i.e., a federal agency appointing an individual to a position in the competitive service), other than the appointing authority that requested a certificate of eligibles for filling a position, to select an individual from that certificate for appointment to a position that is: (1) in the same occupational series as the position for which the certificate of eligibles was issued, and (2) at a similar grade level as the original position. The appointing authority must select an individual from the certificate of eligibles within 240 days after the issuance of the certificate. The bill sets forth further requirements relating to the sharing of certificates by agencies, notice to agency employees of available positions, and alternative ranking and selection procedures for job applicants. | {"src": "billsum_train", "title": "Competitive Service Act of 2015"} | 1,274 | 198 | 0.627434 | 1.85632 | 0.675537 | 2.68 | 6.388571 | 0.84 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Reserve Heritage Areas Study
Act''.
SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING THE WESTERN RESERVE,
OHIO.
(a) Findings.--The Congress finds the following:
(1) The area that encompasses the modern-day counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in
Ohio with the rich history in what was once the Western
Reserve, has made a unique contribution to the cultural,
political and industrial development of the United States.
(2) The Western Reserve is distinctive as the land settled
by the people of Connecticut after the Revolutionary War. The
Western Reserve holds a unique mark as the original wilderness
land of the West that many settlers migrated to in order to
begin life outside of the original 13 colonies.
(3) The Western Reserve played a significant role in
providing land to the people of Connecticut whose property and
land was destroyed during the Revolution. These settlers were
descendants of the brave immigrants who came to the Americas in
the 17th century.
(4) The Western Reserve offered a new destination for those
who moved west in search of land and prosperity. The
agricultural and industrial base that began in the Western
Reserve still lives strong in these prosperous and historical
counties.
(5) The heritage of the Western Reserve remains transfixed
in the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland in Ohio. The people of these counties are
proud of their heritage as shown through the unwavering
attempts to preserve agricultural land and the industrial
foundation that has been embedded in this region since the
establishment of the Western Reserve. Throughout these
counties, historical sites, and markers preserve the unique
traditions and customs of its original heritage.
(6) The counties that encompass the Western Reserve
continue to maintain a strong connection to its historic past
as seen through its preservation of its local heritage,
including historic homes, buildings, and centers of public
gatherings.
(7) There is a need for assistance for the preservation and
promotion of the significance of the Western Reserve as the
natural, historic and cultural heritage of the counties of
Trumbull, Mahoning, Ashtabula, Portage, Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa and Ashland in
Ohio.
(8) The Department of the Interior is responsible for
protecting the Nation's cultural and historical resources.
There are significant examples of such resources within these
counties and what was once the Western Reserve to merit the
involvement of the Federal Government in the development of
programs and projects, in cooperation with the State of Ohio
and other local governmental entities, to adequately conserve,
protect, and interpret this heritage for future generations,
while providing opportunities for education and revitalization.
(b) Study.--
(1) In general.--The Secretary, acting through the National
Park Service Rivers, Trails, and Conservation Assistance
Program, Midwest Region, and in consultation with the State of
Ohio, the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie,
Ottawa, and Ashland, and other appropriate organizations, shall
carry out a study regarding the suitability and feasibility of
establishing the Western Reserve Heritage Area in these
counties in Ohio.
(2) Contents.--The study shall include analysis and
documentation regarding whether the Study Area--
(A) has an assemblage of natural, historic, and
cultural resources that together represent distinctive
aspects of American heritage worthy of recognition,
conservation, interpretation, and continuing use, and
are best managed through partnerships among public and
private entities and by combining diverse and sometimes
noncontiguous resources and active communities;
(B) reflects traditions, customs, beliefs, and
folklife that are a valuable part of the national
story;
(C) provides outstanding opportunities to conserve
natural, historic, cultural, or scenic features;
(D) provides outstanding recreational and
educational opportunities;
(E) contains resources important to the identified
theme or themes of the Study Area that retain a degree
of integrity capable of supporting interpretation;
(F) includes residents, business interests,
nonprofit organizations, and local and State
governments that are involved in the planning, have
developed a conceptual financial plan that outlines the
roles for all participants, including the Federal
Government, and have demonstrated support for the
concept of a national heritage area;
(G) has a potential management entity to work in
partnership with residents, business interests,
nonprofit organizations, and local and State
governments to develop a national heritage area
consistent with continued local and State economic
activity;
(H) has a conceptual boundary map that is supported
by the public; and
(I) has potential or actual impact on private
property located within or abutting the Study Area.
(c) Boundaries of the Study Area.--The Study Area shall be
comprised of the counties of Trumbull, Mahoning, Ashtabula, Portage,
Geagua, Lake, Cuyahoga,
Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland in Ohio.
Passed the House of Representatives March 14, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Western Reserve Heritage Areas Study Act - Requires the Secretary of the Interior, acting through the National Park Service Rivers, Trails, and Conservation Assistance Program, Midwest Region, to conduct a study regarding the suitability and feasibility of establishing the Western Reserve Heritage Area in the Ohio counties of Trumbull, Mahoning, Ashtabula, Portage, Geague, Lake, Cuyahoga, Summit, Medina, Huron, Lorain, Erie, Ottawa, and Ashland. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to conduct a study to determine the suitability and feasibility of establishing the Western Reserve Heritage Area."} | 1,196 | 112 | 0.569977 | 1.736783 | 0.501797 | 7.646341 | 13.585366 | 0.963415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Laboratory
Missions Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``departmental laboratory'' means a Federal
laboratory, or any other laboratory or facility designated by
the Secretary, operated by or on behalf of the Department of
Energy;
(2) the term ``Federal laboratory'' has the meaning given
the term ``laboratory'' in section 12(d)(2) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(2));
(3) the term ``relevant congressional committees'' means
the Committee on Armed Services of the Senate, the Committee on
National Security of the House of Representatives, the
Committee on Science of the House of Representatives, and the
Committee on Energy and Natural Resources of the Senate; and
(4) the term ``Secretary'' means the Secretary of Energy.
TITLE I--MISSION ASSIGNMENT
SEC. 101. FINDINGS.
The Congress finds that--
(1) through their unique historical missions, the
departmental laboratories have developed core competencies and
technical capabilities that strategically position them to
contribute to the scientific and technological wellbeing of the
Nation;
(2) the departmental laboratories have contributed and
continue to contribute technology to ensure the maintenance of
the nuclear deterrent and other elements of the national
security;
(3) through their contributions to the national security in
the production of nuclear and conventional weapons, the
departmental laboratories have helped deter the repetition of
the global conflicts of the past, and have helped maintain the
relative peace which the United States enjoys;
(4) the departmental laboratories collectively represent an
extensive science and technology resource of people,
facilities, and equipment that contribute to the achievement of
national technology goals;
(5) in carrying out their Department of Energy mission
responsibilities, the departmental laboratories have
established successful collaborative relationships with other
Federal agencies, universities, and other federally funded
laboratories that allow each of the partners to share and
leverage their unique capabilities;
(6) collaboration in partnerships among the departmental
laboratories, other Federal agencies, universities, and private
industry, especially through cooperative research and
development agreements, should be encouraged to enable the
departmental laboratories to ensure the maximum return on the
taxpayer's investment; and
(7) the departmental laboratories need well defined and
assigned missions to continue to successfully contribute to the
scientific, technological, and national security interests of
the United States.
SEC. 102. MISSIONS.
The Department of Energy may maintain departmental laboratories for
the purpose of advancing, and shall carry out research and development
activities which are essential to support and perform, the following
core missions:
(1) To maintain national security, as follows:
(A) To provide for the Nation's nuclear weapons
requirements, to be stewards of the Nation's nuclear
weapons stockpile, and to meet other national security
requirements as determined by the President.
(B) To reduce the threat of nuclear war, by
assisting with the dismantlement of nuclear weapons,
working to curb the proliferation of weapons of mass
destruction, including nuclear, chemical, and
biological weapons, supporting efforts to counter the
proliferation of weapons of mass destruction, including
nuclear, chemical, and biological weapons, and their
delivery systems, and conducting research on and the
development of technologies needed for the effective
verification of international arms control agreements,
including prospective international arms control
agreements, which may include the production and
dissemination of foreign intelligence pertinent to the
Department's missions.
(C) To provide for the advancement of science and
technology in the development of nuclear and
conventional weaponry for national security purposes.
(2) To ensure the Nation's energy supply and to reduce the
Nation's reliance on imported energy sources through research
and development on generic, precompetitive technologies that
enhance energy supply and improve the efficiency of energy end
uses, with an emphasis on long-term, high-risk research.
(3) To conduct basic research in energy-related science and
technology, in the fundamental understanding of matter, and in
emerging scientific fields, including construction and
operation of unique scientific instruments and facilities for
use by the Federal Government, academia, industry, and other
appropriate non-Federal institutions.
(4) To carry out research and development for the purpose
of minimizing the environmental impacts of the production and
use of energy, nuclear weapons, and materials, including the
development of technologies for the safe disposal and cleanup
of hazardous and radioactive wastes.
(5) To carry out such additional missions as are assigned
to the Department of Energy by the President.
In furthering the core missions of the departmental laboratories, the
Secretary and the departmental laboratories may establish mutually
beneficial collaborative, mission-oriented research and development
relationships with other agencies of the Federal Government, academia,
and other appropriate non-Federal institutions, providing for the
mutual sharing of nonproprietary and unclassified information.
SEC. 103. PROCEDURE FOR MAKING PROPOSALS FOR LABORATORY MISSION
ASSIGNMENTS AND STREAMLINING.
(a) Mission Assignment and Streamlining Criteria.--
(1) In general.--Not later than 3 months after the date of
the enactment of this Act, the Secretary shall publish in the
Federal Register and transmit to the relevant congressional
committees the criteria proposed to be used by the Secretary in
making proposals for the assignment of a mission or missions
to, and the streamlining, if necessary, of, departmental
laboratories. The Secretary shall provide an opportunity for
public comment on the proposed criteria for a period of at
least 30 days and shall include notice of that opportunity in
the publication required under this paragraph. In developing
the criteria, the Secretary shall consider--
(A) the unique technical and experimental
capabilities which exist at each of the departmental
laboratories, including the critical infrastructure
needed for nuclear weapons systems development,
production, and maintenance;
(B) unnecessary duplication of effort by
departmental laboratories and overhead costs as a
proportion of program benefits distributed through a
departmental laboratory;
(C) cost savings and increases that would accrue
through the streamlining of departmental laboratories;
(D) the potential and appropriateness of the
performance of research and other missions of the
departmental laboratories by other entities such as
academic, private industry, and other Federal
facilities; and
(E) expert advice from appropriate outside
individuals.
(2) Final criteria.--Not later than 5 months after the date
of the enactment of this Act, the Secretary shall publish in
the Federal Register and transmit to the relevant congressional
committees the final criteria to be used in making proposals
for the assignment of a mission or missions to, and the
streamlining of, departmental laboratories under this section.
(b) Secretary's Proposals.--
(1) Publication in federal register.--Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall publish in the Federal Register and transmit to the
relevant congressional committees the Secretary's proposals for
mission assignments and streamlining for the departmental
laboratories, on the basis of the final criteria published
under subsection (a)(2) and the statement of missions contained
in section 3. In formulating those proposals, the Secretary
shall solicit the advice of appropriate outside expert
individuals.
(2) Summary of process.--The Secretary shall include, with
the proposals published and transmitted pursuant to paragraph
(1), a summary of the process that resulted in the proposals
for each departmental laboratory, including a justification for
each proposal.
(c) Availability of Information.--The Secretary shall make
available to the Comptroller General of the United States all
information used by the Secretary in making proposals under subsection
(b).
(d) Comptroller General Report.--The Comptroller General of the
United States shall, not later than 15 months after the date of the
enactment of this Act, transmit to the relevant congressional
committees a report containing a detailed analysis of the Secretary's
proposals and procedures.
SEC. 104. ASSIGNMENT OF MISSIONS TO, AND STREAMLINING OF, DEPARTMENTAL
LABORATORIES.
The Secretary shall--
(1) assign a mission or missions to all departmental
laboratories as proposed in the report transmitted to the
relevant congressional committees pursuant to section
103(b)(1);
(2) streamline all such laboratories proposed for
streamlining in such report; and
(3) complete the mission assignments and streamlining not
later than the end of the 4-year period beginning on the date
on which such report is transmitted.
SEC. 105. REPORTS ON IMPLEMENTATION.
As part of the budget request for each fiscal year in which the
Secretary will carry out activities under this Act, the Secretary shall
transmit to the relevant congressional committees--
(1) a schedule of the mission assignment and streamlining
actions to be carried out under this Act in the fiscal year for
which the request is made and an estimate of the total
expenditures required and cost savings to be achieved by each
such mission assignment and streamlining, and of the time
period in which these savings are to be achieved in each case;
and
(2) a description of the departmental laboratories,
including those under construction and those planned for
construction, to which functions are to be transferred as a
result of mission assignments and streamlining.
TITLE II--GOVERNANCE
SEC. 201. FINDINGS.
The Congress finds that--
(1) there is an inordinate internal focus at every level of
the Department of Energy and the departmental laboratories on
compliance issues and questions of management processes, which
takes a major toll on research performance;
(2) there has been a growing emphasis at the Department on
administrative and support organizations and their oversight
and compliance roles;
(3) the costs of dealing with review groups significantly
interferes with research operations at the department
laboratories;
(4) far too much influence has been ceded by the Department
to nonregulatory advisory boards, and such organizations
generate recommendations with no apparent cost/benefit
analysis, which results in significant unnecessary expenditures
and productivity losses; and
(5) enforcement of environmental, safety, and health rules,
regulations, orders, and standards is a function of government
agencies other than the Department of Energy.
SEC. 202. ELIMINATION OF SELF-REGULATION.
Notwithstanding any other provision of law, the Department of
Energy shall implement, but shall not be the agency of enforcement of,
Federal, State, and local environmental, safety, and health rules,
regulations, orders, and standards at departmental laboratories, unless
the Secretary certifies that a particular action is unique to the
activities of the Department and is necessary to maintain human health
and safety.
SEC. 203. EFFECTIVE DATE.
This title shall take effect on October 1, 1996. | TABLE OF CONTENTS:
Title I: Mission Assignment
Title II: Governance
Department of Energy Laboratory Missions Act -
Title I: Mission Assignment
- Authorizes the Department of Energy (DOE) to maintain departmental laboratories to advance and implement research and development (R&D) activities essential to the following core missions: (1) maintain national security; (2) ensure domestic energy supply and reduce reliance on imported energy sources; (3) conduct basic research in energy-related science and technology, in the fundamental understanding of matter, and in emerging scientific fields; (4) carry out R&D to minimize environmental impacts of the production and use of energy, nuclear weapons, and materials, including the development of technologies for safe hazardous and radioactive waste disposal and cleanup; and (5) implement such additional missions as are assigned by the President.
(Sec. 103) Instructs the Secretary of Energy to transmit to certain congressional committees the criteria to be used in making proposals for mission assignments and the streamlining of departmental laboratories.
Requires the Comptroller General to report a detailed analysis of the Secretary's proposals and procedures to certain congressional committees.
(Sec. 104) Directs the Secretary to: (1) complete the mission assignments and streamlining of all laboratories as outlined in the proposals by a specified deadline; and (2) transmit a status report to certain congressional committees as part of the annual budget request.
Title II: Governance
- Declares that DOE shall implement, but not be the agency of enforcement of, Federal, State, and local environmental, safety, and health promulgations at departmental laboratories unless the Secretary certifies that a particular action is unique to departmental activities and necessary for human health and safety. | {"src": "billsum_train", "title": "Department of Energy Laboratory Missions Act"} | 2,272 | 363 | 0.567434 | 1.820276 | 0.74298 | 4.120944 | 6.528024 | 0.899705 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) A significant increase in the number of individuals
trained in lifesaving first aid would save many lives,
particularly an increase in the number of individuals trained
in responding to cardiac arrest.
(2) Each year approximately 350,000 individuals die from
cardiac arrest resulting from cardiovascular diseases.
(3) Cardiac arrest can arise in other circumstances,
including drownings, cases of drug sensitivity or drug
toxicity, and cases of electrical shock.
(4) More than 65 percent of deaths from cardiac arrest
occur before the victims reach hospitals.
(5) Although cardiopulmonary resuscitation (commonly known
as CPR) is an important technique in responding to cardiac
arrest, the technique alone cannot terminate ventricular
fibrillation in the heart.
(6) Ventricular fibrillation often can be terminated
through use of an electrical device known as a defibrillator,
and one that is automated and is designed for external
application is well-suited to responding to instances of
cardiac arrest in circumstances in which the victim is not at a
hospital.
(7) In the typical nonhospital circumstances, the most
effective response to cardiac arrest is to recognize the
warning signs for an imminent attack and request emergency
medical services through the telephone number 911; to use the
technique of cardiopulmonary resuscitation; and to apply an
automatic external defibrillator.
SEC. 3. ESTABLISHMENT OF PROGRAM REGARDING TRAINING IN LIFESAVING FIRST
AID.
Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following part:
``Part G--Lifesaving First Aid
``SEC. 1271. PROGRAM REGARDING TRAINING.
``(a) In General.--The Secretary shall carry out a program for the
following purposes:
``(1) To develop and operate demonstration projects to
provide training in the provision of lifesaving first aid.
``(2) To develop and disseminate recommendations regarding
the provision of such training.
``(3) To collect data in accordance with section 1273.
``(4) To conduct evaluations in accordance with such
section.
``(b) Training Criteria.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall develop criteria for training individuals in
the provision of lifesaving first aid, including the following:
``(A) Criteria regarding the use of particular
techniques according to the age of the victim,
including criteria specific to infants and children.
``(B) Criteria designed to train members of the
general public to serve as first responders.
``(C) Criteria designed to train health
professionals to serve as such responders.
``(2) Use of age-related criteria.--The criteria developed
under paragraph (1)(A) shall be utilized by the Secretary in
the operation of demonstration projects under subsection (a),
in making recommendations under such subsection, and in
conducting evaluations in accordance with section 1273.
``(c) Recommendations for State Policies.--
``(1) In general.--In carrying out subsection (a), the
Secretary shall provide to the States the recommendations of
the Secretary for State policies regarding the provision of
lifesaving first aid, including recommendations regarding State
laws.
``(2) Certain considerations.--In providing recommendations
to the States under paragraph (1), the Secretary shall consider
the following:
``(A) With respect to the licensure of health
professionals, whether training in lifesaving first aid
should be a precondition to the receipt of a license in
each of the professions.
``(B) With respect to obtaining access to emergency
medical services through the telephone number 911--
``(i) whether individuals who take the
telephone calls should be required to undergo
training in instructing callers to perform
particular forms of lifesaving first aid,
including cardiopulmonary resuscitation; and
``(ii) whether there are other skills that
should be required for such individuals.
``(C) Whether individuals in any field other than
health care should be required to undergo training in
lifesaving first aid as a condition of employment in
the field; and if so, whether such fields include
employment as any of the following: Law-enforcement
officers; fire fighting personnel; teachers in
preschool programs, elementary or secondary schools, or
institutions of higher education; coaches and other
instructors or supervisors in sports or other
extracurricular activities; providers of day-care
services; school-bus drivers; and lifeguards.
``(D) Whether there should be requirements to
ensure that the general public undergoes training in
lifesaving first aid; and if so, whether effective
requirements toward such goal would include--
``(i) requiring such training as a
condition for granting a license to operate
motor vehicles; and
``(ii) requiring such training as a
condition for graduation from secondary schools
and institutions of higher education.
``(d) Recommendations Regarding Federal Policies.--In carrying out
subsection (a), the Secretary may develop recommendations for Federal
policies regarding the provision of lifesaving first aid, including
recommendations regarding Federal laws.
``(e) Consultations.--In carrying out this part, the Secretary
shall consult with public and private entities with expertise in
providing training in lifesaving first, including training on
particular techniques according to the age of the victim.
``(f) Grants and Contracts.--In carrying out this part, the
Secretary may make grants to and enter into cooperative agreements with
public and nonprofit private entities, and may enter into contracts
with public and private entities.
``SEC. 1272. AUTOMATED EXTERNAL DEFIBRILLATION AS RESPONSE TO CARDIAC
ARREST.
``(a) In General.--In carrying out section 1271, the Secretary
shall comply with the following:
``(1) Demonstration projects and recommendations under
subsection (a) of such section shall include projects and
recommendations regarding the use of automated external
defibrillators.
``(2) Training criteria under subsection (b) of such
subsection shall include criteria regarding such use.
``(3) Recommendations and considerations under subsection
(c) of such section shall include recommendations and
considerations regarding such use.
``(b) Additional Considerations Regarding State Policies.--In
providing recommendations to the States pursuant to subsection (a)(3),
the Secretary shall, in addition to the considerations required
pursuant to such subsection, consider the following:
``(1) With respect to office buildings, stadiums, musical
arenas, and other sites at which large numbers of members of
the public gather, whether it should be required that an
automatic external defibrillator be located on the premises;
and if so, whether it should be required that there be on the
premises an individual trained in the use of the device.
``(2) With respect to patient-transport vehicles that are
equipped to provide basic life support, whether it should be
required that the vehicles have an automatic external
defibrillator (or, as applicable, whether the class of vehicles
subject to such requirement should be expanded).
``(3) With respect to individuals who are not health
professionals, whether it is the policy of the States to
prohibit such individuals from using automatic external
defibrillators; and if so, whether and to what extent the
policies should be modified.
``(4) With respect to health professionals who have not
undergone training in the use of automatic external
defibrillators, whether it is the policy of the States to
prohibit or restrict such professionals from using such
devices; and if so, whether and to what extent the policies
should be modified.
``(5) With respect to tort laws commonly known as good
Samaritan laws, whether such laws should be modified to provide
that individuals and organizations cannot be found liable for
the use of automatic external defibrillators.
``(6) Whether other tort laws should be so modified.
``(7) With respect to the use of external defibrillators in
circumstances other than in hospitals, whether there are
circumstances in which a manual device should be used rather
than an automated device.
``(8) With respect to the use of external defibrillators in
hospitals, whether there are circumstances in which a manual
device should be used rather than an automated device.
``(c) Recommendations Regarding Federal Policies.--
``(1) In general.--In carrying out section 1271(d), the
Secretary shall develop recommendations for Federal policies
regarding the use of automated external defibrillators,
including recommendations regarding Federal laws.
``(2) Certain considerations.--In developing
recommendations under paragraph (1), the Secretary shall
consider the following:
``(A) With respect to Federal office buildings,
military facilities, and other Federal sites at which
substantial numbers of Federal employees or members of
the public gather, whether it should be required that
an automatic external defibrillator be located on the
premises; and if so, whether it should be required that
there be on the premises an individual trained in the
use of the device.
``(B) With respect to tort liabilities of
manufacturers of automatic external defibrillators that
arise from the use of such devices, whether the Federal
Government, in order to ensure the continued economic
feasibility of manufacturing the devices, should
provide for the modification of tort laws to establish
reasonable limitations on the amount of compensation
that may be awarded.
``SEC. 1273. COLLECTION OF DATA; EVALUATIONS.
``(a) Collection of Data.--In carrying out section 1271(a), the
Secretary shall collect data toward determining the following with
respect to the United States:
``(1) The incidence of cardiac arrest and other conditions
with respect to which the provision of lifesaving first aid may
be appropriate.
``(2) The injuries, illnesses, or other circumstances
giving rise to such arrest or other conditions in the incident
involved.
``(3) The extent to which the age of the victim was
relevant to the occurrence of the incident.
``(4) The rate of survival in the incidents.
``(5) The incidents in which lifesaving first aid was
provided, the rate of survival in such incidents, and the
extent to which the first responders involved had received
training in the provision of such aid.
``(b) Evaluations.--In carrying out section 1271(a), the Secretary
shall conduct evaluations of programs that provide training in
lifesaving first aid, including demonstration projects under paragraph
(1) of such section. Such evaluations shall include consideration of
whether the programs provided training in particular techniques
according to the age of the victim.
``SEC. 1274. BIENNIAL REPORT TO CONGRESS.
Not later than February 1, 1997, and every second year thereafter,
the Secretary shall submit to the Congress a report on the activities
carried out under this part. The report shall provide--
``(1) a description of the demonstration projects carried
out under section 1271(a);
``(2) the recommendations developed pursuant to such
section; and
``(3) a summary of the evaluations conducted under section
1273(b).
``SEC. 1275. DEFINITIONS
``For purposes of this part:
``(1) The term `automated external defibrillator' means a
fully automated or semiautomated external defibrillator that,
as a result of the use of computers to detect and analyze
cardiac rhythms and apply electrical current accordingly,
requires substantially less training to operate than a manual
external defibrillator.
``(2) The term `external defibrillator' means a device
that, through external contact with the chest wall, provides an
electric current to the heart muscle for the purpose of
terminating ventricular fibrillation.
``(3) The term `first responder' means an individual who
provides, or attempts to provide, lifesaving first aid.
``(4) The term `lifesaving first aid' includes the
performance of cardiopulmonary resuscitation, the application
of an automated or manual external defibrillator, and the
provision of relief for the obstruction of a breathing passage
by a foreign object. With respect to matters referred to in the
preceding sentence, such term includes the use of particular
techniques according to the age of the victim.
``SEC. 1276. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for each of the fiscal
years 1996 through 2000.''. | Cardiac Arrest Survival Act - Amends the Public Health Service Act to mandate a program to develop and operate demonstration projects to provide training in the provision of life-saving first aid and related recommendations, data collection, and evaluations. Requires the projects and recommendations to include projects and recommendations regarding the use of automated external defibrillators. Mandates data collection regarding conditions with respect to which the provisions of life-saving first aid may be appropriate. Authorizes appropriations. | {"src": "billsum_train", "title": "Cardiac Arrest Survival Act"} | 2,751 | 108 | 0.565803 | 1.337105 | 0.880125 | 3.218391 | 30.011494 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Veterans Land
Allotment Equity Act''.
SEC. 2. CLARIFICATION REGARDING OCCUPANCY OF NATIVE ALLOTMENTS IN
NATIONAL FORESTS.
Section 18(a) of the Alaska Native Claims Settlement Act (43 U.S.C.
1617(a)) is amended--
(1) by striking ``(a) No Native'' and inserting the
following:
``(a) Revocation.--
``(1) In general.--No Native'';
(2) in the second sentence, by striking ``Further, the''
and inserting the following:
``(2) Repeal.--The'';
(3) in the third sentence, by striking ``Notwithstanding
the foregoing provisions of this section, any'' and inserting
the following:
``(3) Applications for allotment.--
``(A) In general.--Notwithstanding paragraphs (1)
and (2), any''; and
(4) in paragraph (3) (as designated by paragraph (3)), by
adding at the end the following:
``(B) Certain applications approved.--Any allotment
application pending before the Department of the
Interior on December 18, 1971, that was closed by the
Department pursuant to the civil action styled `Shields
v. United States' (698 F.2d 987 (9th Cir. 1983), cert.
denied (104 S. Ct. 73 (1983))) shall be reopened and
considered to be approved pursuant to this
paragraph.''.
SEC. 3. OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR ALLOTMENTS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``In
General'' and inserting ``Alaska Native Veteran
Allotments'';
(B) by striking paragraphs (1) through (4) and
inserting the following:
``(1) Allotments.--
``(A) Eligible recipients.--Any person described in
paragraph (1) or (2) of subsection (b) shall be
eligible to receive an allotment under the Act of May
17, 1906 (34 Stat. 197, chapter 2469) (as in effect
before December 18, 1971), of not more than 2 parcels
of Federal land, the total area of which shall not
exceed 160 acres. Any person described in paragraph (1)
and (2) of subsection (b) who, prior to the date on
which the Secretary promulgates regulations pursuant to
section 4 of the Alaska Native Veterans Land Allotment
Equity Act, received an allotment that has a total area
of less than 160 acres shall be eligible to receive an
allotment under the Act of May 17, 1906 (34 Stat. 197,
chapter 2469) (as in effect before December 18, 1971),
of not more than 1 parcel of Federal land, the total
area of which shall not exceed the difference in acres
between 160 acres and the total area of the allotment
that the person previously received under the Act.
``(B) Filing deadline.--An allotment shall be filed
for an eligible recipient not later than 3 years after
the date on which the Secretary promulgates regulations
pursuant to section 4 of the Alaska Native Veterans
Land Allotment Equity Act.
``(2) Land available for allotments.--
``(A) In general.--Subject to subparagraph (C), an
allotment under this section shall be selected from
land that is--
``(i)(I) vacant; and
``(II) owned by the United States;
``(ii) selected by, or conveyed to, the
State of Alaska, if the State voluntarily
relinquishes or conveys to the United States
the land for the allotment; or
``(iii) selected by, or conveyed to, a
Native Corporation, if the Native Corporation
voluntarily relinquishes or conveys to the
United States the land for the allotment.
``(B) Relinquishment by native corporation.--If a
Native Corporation relinquishes land under subparagraph
(A)(iii), the Native Corporation may select appropriate
Federal land, as determined by the Secretary, the area
of which is equal to the area of the land relinquished
by the Native Corporation, to replace the relinquished
land.
``(C) Exclusions.--An allotment under this section
shall not be selected from land that is located
within--
``(i) a right-of-way of the TransAlaska
Pipeline;
``(ii) an inner or outer corridor of such a
right-of-way; or
``(iii) a unit of the National Park System,
a National Preserve, or a National Monument.
``(3) Alternative allotments.--A person described in
paragraph (1) or (2) of subsection (b) who qualifies for an
allotment under this section on land described in paragraph
(2)(C) may select an alternative allotment from land that is--
``(A) located within the boundaries of land
described in paragraph (2)(C);
``(B)(i)(I) withdrawn under section 11(a)(1)(C);
and
``(II) not selected, or relinquished after
selection, under section 11(a)(3);
``(ii) contiguous to an outer boundary of land
withdrawn under section 11(a)(1)(C); or
``(iii) vacant, unappropriated, and unreserved; and
``(C) not a unit of the National Park System, a
National Preserve, or a National Monument.''; and
(C) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively;
(2) in subsection (b)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) is a veteran who served during the period beginning
on August 5, 1964, and ending on May 7, 1975.'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Deceased persons.--If an individual who would
otherwise have been eligible for an allotment under this
section dies before applying for an allotment, an heir of the
person may apply for, and receive, an allotment under this
section, on behalf of the estate of the person.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Limitations.--No person who received an allotment or
has a pending allotment under the Act of May 17, 1906, may
receive an allotment under this section, other than--
``(A) an heir who applies for, and receives, an
allotment on behalf of the estate of a deceased person
under paragraph (2); and
``(B) a person who, prior to the date on which the
Secretary promulgates regulations pursuant to section 4
of the Alaska Native Veterans Land Allotment Equity
Act, received an allotment under the Act of May 17,
1906 (34 Stat. 197, chapter 2469), that has a total
area of less than 160 acres.'';
(3) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively;
(4) by inserting after subsection (c) the following:
``(d) Approval of Allotments.--
``(1) In general.--Subject to any valid right in existence
on the date of enactment of the Alaska Native Veterans Land
Allotment Equity Act, and except as provided in paragraph (3),
not later than December 31, 2020, the Secretary shall--
``(A) approve any application for an allotment
filed in accordance with subsection (a); and
``(B) issue a certificate of allotment under such
terms, conditions, and restrictions as the Secretary
determines to be appropriate.
``(2) Notification.--Not later than December 31, 2017, on
receipt of an application for an allotment under this section,
the Secretary shall provide to any person or entity that has an
interest in land described in subsection (a)(2) that is
potentially adverse to the interest of the applicant a notice
of the right of the person or entity, by not later than 90 days
after the date of receipt of the notice--
``(A) to initiate a private contest of the
allotment; or
``(B) to file a protest against the allotment in
accordance with procedures established by the
Secretary.
``(3) Action by secretary.--If a private contest or protest
relating to an application for an allotment is initiated or
filed under paragraph (2), the Secretary shall not issue a
certificate for the allotment under paragraph (1)(B) until a
final determination has been made with respect to the private
contest or protest.
``(e) Reselection.--A person that selected an allotment under this
section may withdraw that selection and reselect land in accordance
with this section after the date of enactment of the Alaska Native
Veterans Land Allotment Equity Act, if the land originally selected--
``(1) was selected before the date of enactment of the
Alaska Native Veterans Land Allotment Equity Act; and
``(2) as of the date of enactment of that Act, was not
conveyed to the person.''; and
(5) by striking subsection (f), as designated by paragraph
(3) and inserting:
``(f) Definitions.--For the purposes of this section:
``(1) The term `veteran' means a person who served in the
active military, naval, or air service, and who was discharged
or released therefrom.
``(2) The term `Vietnam era' has the meaning given the term
by paragraph (29) of section 101 of title 38.''.
SEC. 4. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of the Interior shall promulgate, after consultation with
Alaska Native organizations, final regulations to carry out the
amendments made by this Act. During the consultation process, the
Secretary shall, in coordination with Alaska Native organizations and
to the greatest extent possible, identify persons who are eligible to
receive an allotment under section 3 of this Act. Upon promulgation of
the final regulations, the Secretary shall contact each of these
persons directly to provide an explanation of the process by which the
person may apply for an allotment under section 3 of this Act. | Alaska Native Veterans Land Allotment Equity Act (Sec. 2) This bill amends the Alaska Native Claims Settlement Act (ANCSA) to declare that any allotment application pending before the Department of the Interior on December 18, 1971, that was closed by Interior pursuant to the civil action Shields v. United States shall be reopened and considered to be approved. (Sec. 3) The bill revises the eligibility of Alaska Native Vietnam veterans for an allotment. Eligibility for allotments is extended to veterans who served between August 5, 1964, and May 7, 1975. Eligible persons may file for allotments of up to two parcels of federal land (as under current law) totaling up to 160 acres. The bill eliminates the limitation of these allotments to lands that were vacant, unappropriated, and unreserved on the date when the person eligible for the allotment first used and occupied them. Allotments may be selected from vacant federal lands or lands that have been selected by or conveyed to the state of Alaska or a Native corporation, if the state or corporation voluntarily relinquishes or conveys the land to the United States for allotment. The lands excluded from allotment are revised to: (1) lands in the right-of-way of the TransAlaska Pipeline; (2) the inner or outer corridor of such a right-of-way; or (3) a unit of the National Park System, a National Preserve, or a National Monument. The heir of a deceased eligible veteran, regardless of the cause of death, may apply for and receive an allotment. Persons who made an allotment selection under ANCSA and were not conveyed the allotment before enactment of this bill may reselect land. | {"src": "billsum_train", "title": "Alaska Native Veterans Land Allotment Equity Act"} | 2,450 | 422 | 0.634118 | 2.170194 | 0.775181 | 3.375385 | 6.661538 | 0.870769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Riayan Tejeda Memorial Act of
2005''.
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN COMBAT ZONE
DURING OPERATION IRAQI FREEDOM.
(a) In General.--An alien described in subsection (b) may be
naturalized without regard to the requirements of title III of the
Immigration and Nationality Act (8 U.S.C. 1401 et seq.) if the alien--
(1) files an application for naturalization in accordance
such procedures to carry out this section as may be established
by regulation by the Secretary of Homeland Security; and
(2) takes the oath required by section 337 of such Act (8
U.S.C. 1448) in accordance with such procedures.
(b) Aliens Described.--An alien described in this subsection is an
alien who--
(1) while an alien or noncitizen national of the United
States, served honorably for any period of time in the Army,
Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom; and
(2) if separated from such service, was never separated
except under honorable conditions.
(c) Prohibition on Imposition of Fees Relating to Naturalization.--
Notwithstanding any other provision of law, no fee shall be charged or
collected from an applicant under this section for filing an
application for naturalization or for the issuance of a certificate of
naturalization upon citizenship being granted to the applicant, and no
clerk of any State court shall charge or collect any fee for such
services unless the laws of the State require such charge to be made,
in which case nothing more than the portion of the fee required to be
paid to the State shall be charged or collected.
(d) Naturalization Proceedings Overseas for Members of the Armed
Forces.--Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under this section are available
through United States embassies, consulates, and as practicable, United
States military installations overseas.
SEC. 3. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who was
the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the Coast
Guard or Coast Guard Reserve, in a combat zone designated in
connection with Operation Iraqi Freedom and died as a result of
injury or disease incurred in or aggravated by that service,
the alien (and each child of the alien) shall be considered,
for purposes of section 201(b) of such Act, to remain an
immediate relative after the date of the citizen's death, but
only if the alien files a petition under section
204(a)(1)(A)(ii) of such Act within 2 years after such date and
only until the date the alien remarries. For purposes of such
section 204(a)(1)(A)(ii), an alien granted relief under the
preceding sentence shall be considered an alien spouse
described in the second sentence of section 201(b)(2)(A)(i) of
such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen served honorably
for any period of time in the Army, Navy, Air Force,
Marine Corps (including reserve components), or in the
Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom
and died as a result of injury or disease incurred in
or aggravated by that service, the alien shall be
considered, for purposes of section 201(b) of the
Immigration and Nationality Act (8 U.S.C. 1151(b)), to
remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen's death, if the citizen served
honorably for any period of time in the Army, Navy, Air
Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat
zone designated in connection with Operation Iraqi
Freedom and died as a result of injury or disease
incurred in or aggravated by that service, the alien
shall be considered, for purposes of section 201(b) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)),
to remain an immediate relative after the date of the
citizen's death (regardless of changes in age or
marital status thereafter), but only if the alien files
a petition under subparagraph (B) within 2 years after
such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) Exception.--Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A) does
not have to be 21 years of age for a parent to benefit
under this paragraph.
(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in paragraph
(2)(B), may have such application adjudicated as if such death
had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien
described in paragraph (3) who is included in a
petition for classification as a family-sponsored
immigrant under section 203(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1153(a)(2)) that was
filed by such alien, shall be considered (if the spouse
or child has not been admitted or approved for lawful
permanent residence by such date) a valid petitioner
for immediate relative status under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall
be eligible for deferred action, advance parole, and
work authorization.
(B) Petitions.--An alien spouse or child described
in subparagraph (A) may file a petition with the
Secretary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant may
file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a
petition within 2 years after such date. For purposes of such
Act, such petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such
parent shall be eligible for deferred action, advance parole,
and work authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably for any period of time in the
Army, Navy, Air Force, Marine Corps (including reserve
components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the grounds for inadmissibility specified in paragraphs
(4), (6), (7), and (9) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(g) Inapplicability of Prohibition on Benefits to Survivors.--
Section 329A(e) of the Immigration and Nationality Act (8 U.S.C. 1440-
1) shall not apply to the benefits granted under this Act to relatives
of a person granted posthumous citizenship by reason of service in the
Army, Navy, Air Force, Marine Corps (including reserve components), or
in the Coast Guard or Coast Guard Reserve, in a combat zone designated
in connection with Operation Iraqi Freedom.
(h) Naturalization of Survivors.--Any person who is the surviving
spouse, child, or parent of a United States citizen, whose citizen
spouse, parent, or child dies during a period of honorable service in
the Army, Navy, Air Force, Marine Corps (including reserve components),
or in the Coast Guard or Coast Guard Reserve, in a combat zone
designated in connection with Operation Iraqi Freedom, and who, in the
case of a surviving spouse, was living in marital union with the
citizen spouse at the time of death, may be naturalized upon compliance
with all the requirements of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) except that no prior residence
or specified physical presence within the United States, or within a
State or a district of the Service in the United States shall be
required.
SEC. 4. PRIORITY FOR NATURALIZATION APPLICATIONS.
In processing applications for naturalization, the Secretary of
Homeland Security shall give priority to--
(1) applications filed under section 2 of this Act; and
(2) applications filed under title III of the Immigration
and Nationality Act (8 U.S.C. 1401 et seq.) for naturalization
of a parent, spouse, or child of a person who has served
honorably in the Army, Navy, Air Force, Marine Corps (including
reserve components), or in the Coast Guard or Coast Guard
Reserve, in a combat zone designated in connection with
Operation Iraqi Freedom. | Riayan Tejeda Memorial Act of 2005 - Authorizes naturalization without regard to specified Immigration and Nationality Act requirements for an alien or noncitizen national of the United States who: (1) served honorably in a combat zone designated in connection with Operation Iraqi Freedom; and (2) if separated from such service, was not separated except under honorable conditions. Prohibits imposition of any Federal or State naturalization fee. Provides for overseas naturalization proceedings.
Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably in such combat zone.
States that an application for status adjustment by the alien wife, child, or parent of an alien member of the Armed Forces who was granted service-related posthumous citizenship based upon service in such zone may be adjudicated as if the death had not occurred.
Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship based upon service in such zone as a valid petitioner for immediate relative status.
Permits such aliens to apply for adjustment to lawful permanent resident status.
Waives specified grounds of inadmissibility for surviving spouses, children, and parents granted posthumous benefits under this Act.
Authorizes the naturalization of surviving spouses, children, or parents of U.S. citizens who die in Operation Iraqi Freedom and states that no prior residence or specified physical presence in the United States shall be required.
Gives priority to the naturalization applications referenced in this Act. | {"src": "billsum_train", "title": "To provide for naturalization through service in a combat zone designated in connection with Operation Iraqi Freedom, and for other purposes."} | 3,408 | 356 | 0.630238 | 1.958696 | 0.822608 | 3.240418 | 9.832753 | 0.912892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Consumer Right to Know
Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Consumers have developed a number of legitimate
expectations concerning how they may use and manipulate legally
acquired information or entertainment content for reasonable,
personal, and noncommercial purposes. In addition, as digital
technology creates new ways to use and manipulate content,
consumers are likely to develop new expectations that reflect
the new technological possibilities.
(2) Digital technologies also can facilitate unlawful
reproduction and distribution of information or entertainment
content subject to copyright protection. To combat this
problem, technology and content companies are developing and
deploying technologies to prevent or deter such unlawful
behavior.
(3) Such technologies could help promote a competitive
digital marketplace in which consumers have a broad range of
choices and media businesses can pursue a variety of business
models. However, there are also significant risks.
(4) There is a risk that technologies developed to prevent
unlawful reproduction and distribution of digital information
and entertainment content could have the side effect of
restricting consumers' flexibility to use and manipulate such
content for reasonable, personal, and noncommercial purposes.
(5) There is a risk that such technologies could unfairly
surprise consumers by frustrating their expectations concerning
how they may use and manipulate digital content they have
legally acquired.
(6) There is a risk that such technologies could result in
greater market power for the holders of exclusive rights and
reduce competition, by limiting the ability of unaffiliated
entities to engage in the lawful secondhand sale or
distribution of such content.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that consumers of digital information and
entertainment content are informed in advance of technological
features that may restrict the uses and manipulation of such
content, so that--
(A) consumers may factor this information into
their purchasing decisions; and
(B) there will be a strong, market-based incentive
for the development of technologies that address the
problem of unlawful reproduction and distribution of
content in ways that still preserve the maximum
possible flexibility for consumers to use and
manipulate such content for lawful and reasonable
purposes; and
(2) to express the sense of Congress concerning the
importance of retaining competition among distribution channels
for digital information and entertainment content.
SEC. 3. FAIR DISCLOSURE OF TECHNOLOGICAL USE RESTRICTIONS.
(a) FTC Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Federal Trade Commission shall issue rules
to implement the disclosure requirements described in subsection (b).
(b) Disclosure Requirements.--
(1) In general.--If a producer or distributor of
copyrighted digital content sells such content or access to
such content subject to technological features that limit the
practical ability of the purchaser to play, copy, transmit, or
transfer such content on, to, or between devices or classes of
devices that consumers commonly use with respect to that type
of content, the producer or distributor shall disclose the
nature of such limitations to the purchaser in a clear and
conspicuous manner prior to such sale.
(2) Manner of disclosure.--The Federal Trade Commission
shall prescribe the manner of disclosure required under this
subsection, which may include labels on packaging or such other
means as the Commission determines appropriate to achieve the
purposes of this section. The Commission may prescribe
different manners of disclosure for different types of content and
different distribution channels.
(c) Disclosure of Certain Limitations on Reasonable Consumer
Activities.--The following are examples of limitations which shall
trigger the disclosure requirements of subsection (b):
(1) Limitations on the recording for later viewing or
listening (popularly referred to as ``time shifting'') of audio
or video programming delivered--
(A) via free over-the-air broadcasting; or
(B) as part of a multichannel video or audio system
in which the consumer obtains the programming as part
of a subscription package, with no per view charges and
no ability to select the specific time at which
individual programs will be delivered.
(2) Limitations on the reasonable and noncommercial use of
legally acquired audio or video content--
(A) in different physical locations of the
consumer's choice (popularly referred to as ``space
shifting''); or
(B) on the electronic platform or device of the
consumer's choice, including platforms or devices
requiring that the content be translated into a
comparable format before such use.
(3) Limitations on making backup copies of legally acquired
content distributed in a form or medium that is subject to
accidental erasure, damage, or destruction in the ordinary
course of use, including through computer failure or computer
viruses, to be used only in the event that the original copies
are lost or damaged.
(4) Limitations on using limited excerpts of legally
acquired content for purposes such as criticism, comment, news
reporting, teaching, scholarship, or research.
(5) Limitations on engaging in the secondhand transfer or
sale of legally acquired content to another consumer, provided
that the transferor does not retain the content or any copy
thereof and that the transferee obtains only such rights to the
use and enjoyment of the content as the transferor possessed at
the time of transfer.
(d) Exception to Disclosure Requirement.--The Federal Trade
Commission shall not require disclosure under subsection (b) with
respect to any limitation that applies only to uses--
(1) that are sufficiently unusual or uncommon that the
burdens of prior disclosure would outweigh the utility to
consumers; or
(2) that have no significant application for lawful
purposes.
(e) Annual FTC Review.--On an annual basis, the Federal Trade
Commission shall review the effectiveness of its rules implementing
this section to determine whether revisions are warranted to serve the
purposes of this section. In conducting this review, the Commission
shall consider whether changes in technology or in consumer practices
have led to new, legitimate consumer expectations concerning specific
uses of digital information or entertainment content that would result
in consumers suffering unfair surprise if a technology were to limit
those uses without prior notice.
SEC. 4. EFFECT ON OTHER LAWS.
(a) No Limiting Effect on Fair Use.--Nothing in this Act shall be
interpreted to suggest that a consumer activity not referred to in
section 3(c) or in the Federal Trade Commission's rules implementing
this Act may not constitute a fair use within the meaning of section
107 of title 17, United States Code.
(b) Unlawful Reproduction or Distribution.--Nothing in this Act
shall be interpreted to permit the otherwise unlawful reproduction or
distribution of copyrighted content or to shield a person engaging in
such activity from any type of legal action or judgment.
SEC. 5. COMPETITION IN DISTRIBUTION CHANNELS.
It is the sense of Congress that--
(1) competition among distribution outlets and methods
generally benefits consumers; and
(2) just as copyright holders have sold content embodied in
tangible products such as audio cassettes, videotapes, and
compact discs to multiple competing retail distributors,
copyright holders selling digital content in electronic form
for distribution over the Internet should offer to license such
content to multiple unaffiliated distributors, to enable
competition among different distribution models and
technologies. | Digital Consumer Right to Know Act - Directs the Federal Trade Commission (FTC) to issue rules to implement requirements that a producer or distributor of copyrighted digital content disclose the nature of restrictions that limit the practical ability of the content purchaser to play, copy, transmit, or transfer such content on, to, or between devices commonly used with respect to that type of content. Requires such disclosure in the case of limitations on: (1) the recording for later viewing or listening of certain audio or video programming; (2) the reasonable and noncommercial use of legally acquired audio or video content; (3) making backup copies of legally acquired content subject to accidental damage, erasure, or destruction; (4) using limited excerpts of legally acquired content; and (5) engaging in the secondhand transfer or sale of legally acquired content. Provides disclosure exceptions. Requires the FTC to annually review the effectiveness of such rules.Expresses the sense of Congress that: (1) competition among distribution outlets and methods generally benefits consumers; and (2) copyright holders selling digital content in electronic form for distribution over the Internet should offer to license such content to multiple unaffiliated distributors. | {"src": "billsum_train", "title": "A bill to require the Federal Trade Commission to issue rules regarding the disclosure of technological measures that restrict consumer flexibility to use and manipulate digital information and entertainment content."} | 1,548 | 244 | 0.604209 | 1.841612 | 0.721565 | 4.460177 | 6.632743 | 0.964602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crop Risk Options Plan Act of
2011''.
SEC. 2. TOTAL COVERAGE OPTION FOR CROP INSURANCE BASED ON BOTH AN
INDIVIDUAL YIELD AND LOSS BASIS AND AN AREA YIELD AND
LOSS BASIS.
(a) Availability of Total Coverage Option.--Section 508(c) of the
Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking
paragraph (3) and inserting the following new paragraph:
``(3) Yield and loss basis options.--A producer shall have
the option of purchasing additional coverage based on--
``(A) Individual yield and loss basis.--A producer
shall have the option of purchasing additional coverage
based on an individual yield and loss basis.
``(B) Area yield and loss basis.--If area coverage
is offered by the Corporation in an area, a producer
shall have the option of purchasing additional coverage
based on an area yield and loss basis instead of an
individual yield and loss basis.
``(C) Total coverage option.--If area coverage is
offered by the Corporation in an area, a producer shall
have the option of purchasing additional coverage based
on an individual yield and loss basis, supplemented
with coverage based on an area yield and loss basis to
cover all or a portion of the deductible under the
individual yield and loss policy.''.
(b) Level of Coverage.--Section 508(c) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph (4)
and inserting the following new paragraph:
``(4) Level of coverage.--
``(A) Dollar denomination and percentage of
yield.--Except as provided in subparagraph (C), the
level of coverage shall be dollar denominated and may
be purchased at any level not to exceed 85 percent of
the individual yield or 95 percent of the area yield
(as determined by the Corporation).
``(B) Information.--The Corporation shall provide
producers with information on catastrophic risk and
additional coverage in terms of dollar coverage (within
the allowable limits of coverage provided in this
paragraph).
``(C) Total coverage option.--
``(i) In general.--Notwithstanding
subparagraph (A), in the case of the total
coverage option described in paragraph (3)(C),
the Corporation shall offer producers the
opportunity to purchase coverage in combination
with a policy or plan of insurance offered
under this Act that would allow indemnities to
be paid to a producer equal to some or all of
the deductible under such policy or plan of
insurance, if sufficient area data is available
(as determined by the Corporation).
``(ii) Trigger.--The coverage described in
paragraph (3)(C) and clause (i) would be
triggered only if the losses in the area exceed
10 percent of normal levels (as determined by
the Corporation).
``(iii) Limitation.--Indemnities paid under
the coverage described in paragraph (3)(C) and
clause (i) cannot exceed the amount of the
deductible applicable under the underlying
policy or plan of insurance.''.
(c) Premium.--Section 508(d)(2)(B) of the Federal Crop Insurance
Act (7 U.S.C. 1508(d)(2)(B)) is amended by inserting after ``not based
on individual yield'' the following: ``or that combines an individual
yield and loss basis and an area yield and loss basis''.
(d) Payment of Portion of Premium by Corporation.--Section
508(e)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(2)) is
amended by adding at the end the following new subparagraph:
``(H) In the case of the total coverage option
described in subsection (c)(3)(C), the amount shall be
equal to not less than 60 percent of the additional
premium associated with this coverage.''.
(e) Effective Date.--The Federal Crop Insurance Corporation shall
begin to provide additional coverage based on an individual yield and
loss basis, supplemented with coverage based on an area yield and loss
basis, not later than one year after the date of the enactment of this
Act.
SEC. 3. DETERMINATION OF ACTUAL PRODUCTION HISTORY.
(a) Use of Seven-Year Olympic Average.--Section 508(g)(2)(A) of the
Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)(A)) is amended by
striking ``10 consecutive crop years'' and inserting ``7 consecutive
crop years (excluding the year in which the actual production history
is greatest and the year in which the actual production history is
lowest)''.
(b) Data Sources.--Section 508(g)(2) of the Federal Crop Insurance
Act (7 U.S.C. 1508(g)(2)) is amended by adding at the end the following
new subparagraph:
``(E) Sources of yield data.--To determine yields
under this paragraph, the Corporation shall use data
collected by the Risk Management Agency or the National
Agricultural Statistics Service, or both.''. | Crop Risk Options Plan Act of 2011 - Amends the Federal Crop Insurance Act to: (1) provide an agricultural producer with the option of purchasing additional crop insurance coverage (total coverage option) based on an area yield and loss basis instead of an individual yield and loss basis, (2) trigger additional coverage when area losses reach 10% of normal levels, (3) limit indemnities to the amount of the deductible under the underlying individual policy, and (4) set premium subsidies for the additional coverage at not less than 60%.
Revises actual production history deteminations from a 10-year average to a 7-year average with the highest and lowest production year dropped from the average. | {"src": "billsum_train", "title": "To amend the Federal Crop Insurance Act to provide producers with the opportunity to purchase crop insurance coverage based on both an individual yield and loss basis and an area yield and loss basis in order to allow producers to cover all or a portion of their deductible under the individual yield and loss policy, to improve the accuracy of actual production history determinations, and for other purposes."} | 1,196 | 144 | 0.544278 | 1.545769 | 0.636625 | 2.977778 | 7.362963 | 0.859259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Inmate Work Opportunities
Review Commission''.
SEC. 2. CREATION OF A COMMISSION TO REVIEW FEDERAL INMATE WORK
OPPORTUNITIES.
(a) Establishment.--There is established a commission to be known
as the Federal Inmate Work Opportunities Review Commission (in this Act
referred to as the ``Commission'').
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives, unless the Speaker is of the
same party as the President, in which case 1 shall be
appointed by the Speaker of the House of
Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same
party as the President, in which case 1 shall be
appointed by the majority leader of the Senate and 1
shall be appointed by the minority leader of the
Senate; and
(E) 1 shall be appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) Persons eligible.--Each member of the Commission shall
be an individual who has knowledge or expertise in matters to
be studied by the Commission.
(3) Term.--Each member shall be appointed for the life of
the Commission.
(4) Time for initial appointments.--The appointment of the
members shall be made not later than 60 days after the date of
enactment of this Act.
(5) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, and
shall be made not later than 60 days after the date on which
the vacancy occurred.
(c) Operation.--
(1) Chairperson.--Not later than 15 days after appointments
of all the members are made, the President shall appoint a
chairperson for the Commission from among its members.
(2) Meetings.--The Commission shall meet at the call of the
chairperson. The initial meeting of the Commission shall take
place not later than 30 days after the initial appointment of
the members is completed.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) Rules.--The Commission may establish by majority vote
any other rules for the conduct of Commission business, if such
rules are not inconsistent with this Act or other applicable
law.
(d) Duties.--The Commission shall perform the following duties:
(1) Examine the current state of Federal Prison Industries,
including an examination of--
(A) its impact on the Federal Bureau of Prison's
correctional mission, including the reduction of
recidivism and safe prison management; and
(B) its impact on both the private sector and
private labor markets.
(2) Examine the market viability and number of inmates
employed by Federal Prison industries, including--
(A) in the fiscal year before enactment of section
637 of the 2004 Consolidated (Omnibus) Appropriations
bill;
(B) in the fiscal year subsequent to enactment of
section 637 of the 2004 Consolidated (Omnibus)
Appropriations bill; and
(C) the potential impact of other legislative
proposals pending before Congress.
(3) Examine alternatives that can be employed by the
Department of Justice to maximize inmate work opportunities
while minimizing domestic private sector job displacement,
including an examination of State and foreign government inmate
work programs.
(4) Study such other issues as the Commission may determine
necessary to its mission.
(e) Report.--
(1) Distribution.--Not later than 2 years after the date of
the initial meeting of the Commission, the Commission shall
submit a report on the study carried out under this Act to--
(A) the President;
(B) Congress;
(C) the chairman and ranking member of the Senate
Judiciary Committee;
(D) the chairman and ranking member of the House
Judiciary Committee; and
(E) the Attorney General.
(2) Contents.--The report under paragraph (1) shall
include--
(A) the findings and conclusions of the Commission;
(B) recommended legislation, if any, to reform
Federal prison work programs; and
(C) a summary of the materials relied on by the
Commission in the preparation of the report.
(f) Hearings and Sessions.--
(1) In general.--The Commission may, for the purpose of
carrying out the provisions of this Act, hold such hearings and
sit and act at such times and at such places in the United
States, and request the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the
Commission considers appropriate.
(2) Subpoenas.--
(A) Issuance.--The Commission may issue subpoenas
for the attendance of witnesses and the production of
written or other matter.
(B) Enforcement.--In the case of contumacy or
refusal to obey a subpoena, the Attorney General may in
a Federal court of appropriate jurisdiction obtain an
appropriate order to enforce the subpoena.
(C) Confidentiality of documentary evidence.--
Documents provided to the Commission pursuant to a
subpoena issued under this subsection shall not be
released publicly without the affirmative vote of \2/3\
of the Commission.
(g) Consultation Required.--The Commission shall consider the views
of all relevant parties affected by the future of inmate work programs
including--
(1) private sector businesses, both those that allege they
are harmed by Federal Prison Industries and those who currently
supply Federal Prison Industries;
(2) labor unions;
(3) corrections administrators; and
(4) other organizations and persons with an interest in
corrections and the reentry of offenders back into the
community.
(h) Personnel Matters.--
(1) Basic pay.--Members of the Commission shall serve
without pay.
(2) 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.
(3) Detail of federal employees.--With the affirmative vote
of \2/3\ of the Commission, 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 privileges.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services may
provide to the Commission, on a nonreimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
SEC. 3. TERMINATION.
The Commission shall terminate on the date that is 60 days after
the date on which the Commission submits the reports required by this
Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Federal Inmate Work Opportunities Review Commission - Establishes the Federal Inmate Work Opportunities Review Commission to: (1) examine Federal Prison Industries (FPI), including its impact on the Federal Bureau of Prison's correctional mission, recidivism, and safe prison management and on the private sector and private labor markets; (2) examine the market viability of and number of inmates employed by FPI before and after enactment of the 2004 Consolidated (Omnibus) Appropriations bill and the potential impact of other legislative proposals; and (3) examine alternatives to maximize inmate work opportunities while minimizing domestic private sector job displacement, including State and foreign government inmate work programs. | {"src": "billsum_train", "title": "A bill to establish a commission to review Federal inmate work opportunities."} | 1,669 | 145 | 0.413519 | 1.104089 | 0.67742 | 4.557377 | 12.581967 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Rights, Responsibilities,
and Remedies Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the manufacture, distribution, and importation of
firearms is inherently commercial in nature;
(2) firearms regularly move in interstate commerce;
(3) firearms trafficking is so prevalent and widespread in
and among the States that it is usually impossible to
distinguish between intrastate trafficking and interstate
trafficking;
(4) to the extent firearms trafficking is intrastate in
nature, it arises out of and is substantially connected with a
commercial transaction, which, when viewed in the aggregate,
substantially affects interstate commerce;
(5) gun violence results in great costs to society,
including the costs of law enforcement, medical care, lost
productivity, and loss of life;
(6) to the extent possible, the costs of gun violence
should be borne by those liable for them, including
manufacturers, dealers, and importers;
(7) in any action to recover the costs associated with gun
violence to a particular entity or to a given community, it is
usually impossible to trace the portion of costs attributable
to intrastate versus interstate commerce;
(8) the law governing the liability of manufacturers,
dealers, and importers for gun violence is evolving
inconsistently within and among the States, resulting in a
contradictory and uncertain regime that is inequitable and that
unduly burdens interstate commerce;
(9) the inability to obtain adequate compensation for the
costs of gun violence results in a serious commercial
distortion to a single national market and a stable national
economy, thereby creating a barrier to interstate commerce;
(10) it is an essential and appropriate role of the Federal
Government, under the Constitution of the United States, to
remove burdens and barriers to interstate commerce;
(11) because the intrastate and interstate trafficking of
firearms are so commingled, full regulation of interstate
commerce requires the incidental regulation of intrastate
commerce; and
(12) it is in the national interest and within the role of
the Federal Government to ensure that manufacturers, dealers,
and importers can be held liable under Federal law for gun
violence.
(b) Purpose.--Based on the power of Congress in clause 3 of section
8 of article I of the Constitution of the United States, the purpose of
this Act is to regulate interstate commerce by--
(1) regulating the commercial activity of firearms
trafficking;
(2) protecting States, units of local government,
organizations, businesses, and other persons from the adverse
effects of interstate commerce in firearms;
(3) establishing a uniform legal principle that
manufacturers, dealers, and importers can be held liable for
gun violence; and
(4) creating greater fairness, rationality, and
predictability in the civil justice system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Gun violence.--The term ``gun violence'' means any--
(A) actual or threatened unlawful use of a firearm;
and
(B) unintentional discharge of a firearm.
(2) Incorporated definitions.--The terms ``firearm'',
``importer'', ``manufacturer'', and ``dealer'' have the
meanings given those terms in section 921 of title 18, United
States Code.
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
(4) Unit of local government.--The term ``unit of local
government'' means any city, town, township, county, parish,
village, or other general purpose political subdivision of a
State.
SEC. 4. FEDERAL CAUSE OF ACTION.
(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, a State, unit of local government, organization,
business, or other person that has been injured by or incurred costs as
a result of gun violence may bring a civil action in a Federal or State
court of original jurisdiction against a manufacturer, dealer, or
importer who knew or reasonably should have known that its design,
manufacturing, marketing, importation, sales, or distribution practices
would likely result in gun violence.
(b) Remedies.--In an action under subsection (a), the court may
award appropriate relief, including--
(1) actual damages;
(2) punitive damages;
(3) reasonable attorneys' fees and other litigation costs
reasonably incurred, including the costs of expert witnesses;
and
(4) such other relief as the court determines to be
appropriate. | Firearms Rights, Responsibilities, and Remedies Act of 1999 - Authorizes States, units of local government, organizations, businesses, or other persons that have been injured by or incurred costs as a result of gun violence, notwithstanding Federal, State, or local laws, to bring civil actions in Federal or State courts of original jurisdiction against manufacturers, dealers, or importers who knew or should have known that their design, manufacturing, marketing, importation, sales, or distribution practices would likely result in gun violence. | {"src": "billsum_train", "title": "Firearms Rights, Responsibilities, and Remedies Act of 1999"} | 1,048 | 115 | 0.455913 | 1.214542 | 0.539279 | 4.804124 | 10.103093 | 0.927835 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Teacher Diversity Act''.
SEC. 2. CENTERS OF EXCELLENCE.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--CENTERS OF EXCELLENCE
``SEC. 231. DEFINITIONS.
``As used in this part:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education that has a
teacher preparation program that meets the requirements
of section 203(b)(2) and that is--
``(i) a part B institution (as defined in
section 322);
``(ii) a Hispanic-serving institution (as
defined in section 502);
``(iii) a Tribal College or University (as
defined in section 316);
``(iv) an Alaska Native-serving institution
(as defined in section 317(b)); or
``(v) a Native Hawaiian-serving institution
(as defined in section 317(b));
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A),
or a consortium described in subparagraph (B), in
partnership with any other institution of higher
education, but only if the center of excellence
established under section 232 is located at an
institution described in subparagraph (A).
``(2) Highly qualified.--The term `highly qualified' when
used with respect to an individual means that the individual is
highly qualified as determined under section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)
or section 602 of the Individuals with Disabilities Education
Act (20 U.S.C. 1401).
``(3) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``(4) Scientifically based research.--The term
`scientifically based research' has the meaning given such term
in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801).
``SEC. 232. CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to carry
out this part, the Secretary is authorized to award competitive grants
to eligible institutions to establish centers of excellence.
``(b) Use of Funds.--Grants provided by the Secretary under this
part shall be used to ensure that current and future teachers are
highly qualified, by carrying out one or more of the following
activities:
``(1) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand scientifically
based research, and are able to use advanced technology
effectively in the classroom, including use for instructional
techniques to improve student academic achievement, by--
``(A) retraining faculty; and
``(B) designing (or redesigning) teacher
preparation programs that--
``(i) prepare teachers to close student
achievement gaps, are based on rigorous
academic content, scientifically based research
(including scientifically based reading
research), and challenging State student
academic content standards; and
``(ii) promote strong teaching skills.
``(2) Providing sustained and high-quality preservice
clinical experience, including the mentoring of prospective
teachers by exemplary teachers, substantially increasing
interaction between faculty at institutions of higher education
and new and experienced teachers, principals, and other
administrators at elementary schools or secondary schools, and
providing support, including preparation time, for such
interaction.
``(3) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
including minority teachers and principals, including programs
that provide--
``(A) teacher or principal mentoring from exemplary
teachers or principals; or
``(B) induction and support for teachers and
principals during their first 3 years of employment as
teachers or principals, respectively.
``(4) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program.
``(5) Disseminating information on effective practices for
teacher preparation and successful teacher certification and
licensure assessment preparation strategies.
``(6) Activities authorized under sections 202, 203, and
204.
``(c) Application.--Any eligible institution desiring a grant under
this section shall submit an application to the Secretary at such a
time, in such a manner, and accompanied by such information as the
Secretary may require.
``(d) Minimum Grant Amount.--The minimum amount of each grant under
this part shall be $500,000.
``(e) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this part may not use more than
2 percent of the grant funds for purposes of administering the grant.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this part.
``SEC. 233. APPROPRIATIONS.
``There shall be available to the Secretary, from funds not
otherwise appropriated, $50,000,000 for the period beginning with
fiscal year 2008 and ending with fiscal year 2012, to carry out this
part beginning with academic year 2008-2009, which shall remain
available until expended. The authority to carry out this part shall
expire at the end of fiscal year 2012.''. | Improving Teacher Diversity Act - Amends title II (Teacher Quality Enhancement Grants for States and Partnerships) of the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to certain minority-serving institutions of higher education (IHEs), or partnerships between such IHEs and other IHEs, to establish centers of excellence for teacher education.
Requires the use of such grants to ensure that current and future teachers are highly qualified by: (1) reforming teacher preparation programs so that teachers are able to understand scientifically-based research and use advanced technology effectively in the classroom; (2) providing preservice clinical experience and mentoring to prospective teachers, and increased interaction between IHE faculty and new and experienced elementary and secondary school teachers and administrators; (3) implementing initiatives to promote the retention of highly qualified teachers and principals; (4) awarding need-based scholarships for students in teacher preparation programs; (5) disseminating information on effective teacher preparation practices; and (6) conducting certain other activities authorized under title II. | {"src": "billsum_train", "title": "To award competitive grants to minority serving institutions to establish centers of excellence for teacher education."} | 1,272 | 220 | 0.487705 | 1.306313 | 0.751835 | 2.818182 | 5.853535 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Dual-Use
Application of Facilities and Resources at White Sands Missile Range
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The end of the Cold War, the fall of communist
governments, and the spread of democratic principles and
governments across the world will permit the Federal Government
to continue the thoughtful reduction in the amount spent by the
United States for national defense.
(2) The reallocation of amounts that would otherwise be
spent for that purpose offers an opportunity for the Federal
Government to expand the utilization of defense-related
equipment, processes, and technologies by the private sector,
thereby promoting growth and job creation in the United States
economy.
(3) The Department of Defense has spent billions of dollars
on the research, development, test, and evaluation of a variety
of such equipment, processes, and technologies, including the
facilities, equipment, processes, and technologies utilized at
White Sands Missile Range, New Mexico.
(4) The Department of Defense has not adequately studied or
provided guidance for the manner in which defense-related
facilities, equipment, processes, and technologies may be
utilized effectively by the private sector.
(5) A study of the facilities and resources of White Sands
Missile Range provides an excellent opportunity to examine the
defense-related facilities, equipment, processes, and
technologies of the Department of Defense and their utilization
by scientific personnel engaged in a variety of research,
development, test, and evaluation programs.
(6) The establishment of a commission for the study of such
facilities, equipment, processes, and technologies will provide
timely, relevant information on potential dual-use applications
of such facilities, equipment, processes, and technologies by
the private sector.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the Commission on the Dual-Use Application of Facilities and
Resources at White Sands Missile Range (hereafter in this Act referred
to as the ``Commission'').
(b) Membership.--The Commission shall be composed of 10 members
appointed by the Secretary of Defense, of whom--
(1) not less than one shall be a senior official or
employee of the Department of Energy national laboratories who
is familiar with the experiences of the Department of Energy
with cooperative research and development agreements and dual-
use technologies;
(2) not less than one shall be a chief executive officer of
a corporation that has worked with the Department of Defense or
the Department of Energy on cooperative research and
development agreements or have significant experience in the
research, development, test, and evaluation of high technology;
(3) not less than one shall be a senior official or
employee of a department or agency of the Federal Government
who is an expert in the commercial utilization or application
of high technology by the private sector; and
(4) the remainder, if any, shall be such persons as the
Secretary determines appropriate.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Quorum.--Six members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chairman.--The Commission shall select a Chairman from among
its members.
(f) Meetings.--(1) Not later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(2) The Commission shall meet at the call of the Chairman.
(g) Termination.--The Commission shall terminate 1 year after the
date on which all members of the Commission have been appointed.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a study of the manner in
which the defense-related equipment, facilities, processes, and
technologies at White Sands Missile Range, New Mexico, may be utilized
by the private sector.
(b) Report.--Not later than 1 year after the date on which all
members of the Commission have been appointed, the Commission shall
submit to the Committees on Armed Services and the Committees on
Appropriations of the Senate and House of Representatives a report on
the results of the study conducted under subsection (a) which shall
contain a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for such legislation and
administrative actions as the Commission considers appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--For the purpose of carrying out this Act, the
Commission may hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence, as the
Commission considers appropriate. The Commission may administer oaths
of affirmations to witnesses appearing before the Commission.
(b) 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 the provisions of this Act.
Upon the request of a member of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Delegation of Powers.-- Any member of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take by this Act.
(d) Postal Service.--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.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation.--(1) Each member of the Commission who is not an
officer or employee of the United States shall be compensated at a rate
established by the Commission not to exceed the daily equivalent of the
annual basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the
actual performance of duties as a member of the Commission. Each member
of the Commission who is an officer or employee of the United States
shall receive no additional compensation for service on the Commission.
(2) While away from their homes or regular places of business in
the performance of their duties for the Commission, the members of the
Commission shall be allowed travel expenses, including per diem in lieu
of subsistence, at a rate established by the Commission not to exceed
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code.
(b) Administrative Provisions.--(1) The Commission shall appoint an
executive director who shall be compensated at a rate established by
the Commission not to exceed the rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) With the approval of the Commission, the executive director may
appoint and fix the compensation of such additional personnel as the
executive director considers necessary to carry out the duties of the
Commission.
(3) Service of an individual as a member of the Commission, or
employment of the individual by the Commission as an expert in any
business or professional field, on a part-time or full-time basis, with
or without compensation, shall not be considered as service or
employment bringing such individual within the provisions of any
Federal law relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties in relation to the employment
of persons, the performance of services, or the payment or receipt of
compensation in connection with claims, proceedings, or matters
involving the United States. Service as a member of the Commission, or
as an employee of the Commission, shall not be considered service in an
appointive or elective position in the Government for purposes of
section 8344 of title 5, United States Code, or comparable provisions
of Federal law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary to carry out the purposes of this Act. | Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range Act - Establishes the Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range to study and report to the congressional defense committees on the manner in which the defense-related equipment, facilities, processes, and technologies at White Sands Missile Range in New Mexico may be utilized by the private sector.
Terminates the Commission one year after its members are appointed.
Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on the Dual-Use Application of Facilities and Resources at White Sands Missile Range Act"} | 1,730 | 112 | 0.620647 | 1.698238 | 1.056012 | 5.787234 | 17.787234 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Assistance Act of
2006''.
SEC. 2. PROGRAM ON ASSISTANCE TO CERTAIN MILITARY FAMILIES.
(a) Program Required.--The Secretary of Defense shall carry out a
program utilizing non-Federal eligible entities to provide assistance
to the families of members of the Armed Forces who live more than 180
miles from a military installation where members of the Armed Forces on
active duty are stationed.
(b) Grants.--
(1) In general.--Under the program, the Secretary shall
award grants to eligible entities described in subsection (c)
for the provision of assistance to military families as
described in subsection (a).
(2) Maximum grant amount.--The amount of any grant awarded
under this section may not exceed $25,000.
(3) Maximum number of grants.--An eligible entity may not
be awarded more than three grants this section.
(4) Applications.--An entity seeking a grant under this
section shall submit to the Secretary an application therefor
containing such information as the Secretary shall require for
purposes of this section.
(c) Eligible Entities.--
(1) In general.--For purposes of this section, an eligible
entity is any nonprofit organization exempt from taxation under
section 501(c)(3) of the Internal Revenue Code of 1986 that has
the capacity to provide assistance to military families as
described in subsection (a) in a manner that the Secretary
considers appropriate for purposes of the program.
(2) Matching requirement.--An application may not be
treated as valid for purposes of this section unless the
eligible entity submitting the application commits to
contribute to activities funded by the grant awarded to the
organization under this section an amount equal to the grant
amount which is derived from non-Federal sources.
(d) Review and Approval of Applications.--
(1) In general.--The Secretary shall provide for the review
and approval of applications for grants under this section
through a board of review consisting of five individuals
selected by the Secretary from among individuals having the
qualifications described in paragraph (2).
(2) Qualifications.--An individual selected for the board
of review under paragraph (1) shall have at least five years of
experience in two of the following areas:
(A) Grant writing.
(B) The operation of nonprofit organizations
identical or similar to eligible entities.
(C) Military family support assistance programs.
(3) Considerations.--In determining whether to approve an
application for a grant under this section, the board of review
shall address the following:
(A) Whether the assistance to be provided to
military families using the grant amount is appropriate
for purposes of the program under this section.
(B) The nature of the commitment under subsection
(c)(2) of the organization submitting the application.
(e) Use of Grant Amounts.--
(1) In general.--An eligible entity receiving a grant under
this section shall use the grant amount, and any amounts
committed by the eligible entity under subsection (c)(2), to
provide assistance to military families as described in
subsection (a) in the manner specified in the application for
the grant under this section.
(2) Limitation.--Amounts under a grant under this section
may not be used to purchase, rent, renovate, or construct any
facilities.
(f) Report.--
(1) In general.--Not later than 180 days after the
obligation of any portion of the amount authorized to be
appropriated by subsection (i), the Secretary shall submit to
the congressional defense committees a report on the program
under this section.
(2) Elements.--The report shall include the following:
(A) A description of the procedures implemented by
the Secretary for purposes of the program.
(B) A description of the applications submitted
under the program, including a description of the
various types of assistance for military families
proposed to be provided under such applications.
(C) A description, current as of the date of the
report, of the activities to be funded by grants under
the program.
(D) A review of the effectiveness of the board of
review under subsection (d).
(E) An assessment, current as of the date of the
report, of the advisability of extending the program or
making it permanent.
(g) Sunset.--The program required by this section shall cease upon
the earlier of the following:
(1) The date of the declaration by the President of the
cessation of Operation Iraqi Freedom.
(2) The date that is three years after the first obligation
of funds for the program under this section.
(h) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committees on Armed Services and Appropriations of
the Senate; and
(2) the Committees on Armed Services and Appropriations of
the House of Representatives.
(i) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Department of Defense for fiscal year 2007,
$10,000,000 for the purpose of carrying out the program under this
section. | Military Family Assistance Act of 2006 - Directs the Secretary of Defense to carry out a program awarding grants to non-federal entities to provide assistance to families of members of the Armed Forces who live more than 180 miles from a military installation where members on active duty are stationed. | {"src": "billsum_train", "title": "A bill to require the Secretary of Defense to carry out a program on the provision of assistance to certain military families."} | 1,103 | 64 | 0.593401 | 1.310132 | 0.656482 | 5.566038 | 19.584906 | 0.962264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correspondence With Our Heroes
Act''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
United States Postal Service, shall provide for a program under which
postal benefits shall be provided to qualified individuals in
accordance with succeeding provisions of this Act.
(b) Qualified Individual.--For purposes of this Act, the term
``qualified individual'' means an individual who is--
(1) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code); and
(2)(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces of the United States as a result of a disease
or injury incurred as a result of service in Iraq or
Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
Act shall consist of such coupons or other similar evidence of
credit (whether in printed, electronic, or other format, and
hereinafter in this Act referred to as ``vouchers'') as the
Secretary of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--For purposes of this Act, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is described in subparagraph (A) or (B) of
paragraph (3);
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Mail described.--Mail described in this paragraph is--
(A) any first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence; and
(B) parcel post not exceeding 15 pounds in weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for 1
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified
mailing; or
(ii) after the earlier of--
(I) the expiration date of such
voucher, as designated by the Secretary
of Defense; or
(II) the last day of the 1-year
period referred to in section 4.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe any regulations necessary to carry
out this Act, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to persons duly identified by
qualified individuals to receive those vouchers; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 3. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Department of Defense a sum determined by the Department of Defense to
be equal to the expenses incurred by the Department in providing the
benefits described in section 2(c).
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Department of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this Act may be used, an amount
equal to the amount of postal benefits that the Department of
Defense estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which the
Department finds that a determination under this section for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the end of the 1-year period referred to in section 4.
(c) Consultation Required.--All estimates and determinations under
this section of the amount of postal benefits under this Act used in
any period shall be made by the Department of Defense in consultation
with the Postal Service.
SEC. 4. DURATION.
The postal benefits under this Act shall apply with respect to mail
matter sent during the 1-year period beginning on the date on which the
regulations under section 2(d) take effect. | Correspondence With Our Heroes Act - Directs the Secretary of Defense to provide for a one-year program under which postal benefit vouchers are provided for the benefit of members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at a military facility as a result of a disease or injury incurred as a result of such service. Entitles voucher users to make free mailings to such individuals. Limits vouchers to one per month.
Requires the Department of Defense (DOD) to transfer to the Postal Service an amount representing the amount of the vouchers used. | {"src": "billsum_train", "title": "To provide for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan."} | 1,118 | 133 | 0.592691 | 1.530179 | 0.671262 | 2.703704 | 9.675926 | 0.87037 |
SECTION 1. NATIONAL COMMISSION ON DIGESTIVE DISEASES.
(a) In General.--The Secretary of Health and Human and Human
Services (in this section referred to as the ``Secretary''), after
consultation with the Director of the National Institutes of Health,
shall, within 60 days after the date of the enactment of this Act,
establish a National Commission on Digestive Diseases (in this section
referred to as the ``Commission'').
(b) Duties.--
(1) In general.--The Commission shall--
(A) conduct a comprehensive study of the present
state of knowledge of the incidence, duration, and
morbidity of, and mortality rates resulting from,
digestive diseases and of the social and economic
impact of such diseases;
(B) evaluate the public and private facilities and
resources (including trained personnel and research
activities) for the diagnosis, prevention, and
treatment of, and research in, such diseases; and
(C) identify programs (including biological,
behavioral, nutritional, environmental, and social
programs) in which, and the means by which, improvement
in the management of digestive diseases can be
accomplished.
(2) Long-range plan.--Based on the study, evaluation, and
identification made pursuant to paragraph (1), the Commission
shall develop and recommend a long-range plan for the use and
organization of national resources to effectively deal with
digestive diseases. The plan shall provide for--
(A) research studies into the basic biological
processes and mechanisms related to digestive diseases;
(B) investigations into the epidemiology, etiology,
diagnosis, treatment, prevention, and control of
digestive diseases;
(C) development of preventive measures (including
education programs, programs for the elimination of
environmental hazards related to digestive diseases,
and clinical programs) to be taken against digestive
diseases;
(D) detection of digestive diseases in the
presymptomatic stages and development and evaluation of
new, and improved methods of screening for digestive
diseases, taking into account recent technological
changes in diagnostic imaging modalities;
(E) development of criteria for the diagnosis and
the clinical management and control of digestive
diseases;
(F) development of approaches to advance digestive
diseases research by incorporating insights obtained
from genomic and proteomic research.
(G) development of coordinated health care systems
for dealing with digestive diseases;
(H) education and training (including continuing
education programs) of scientists, clinicians,
educators, and allied health professionals in the
fields and specialties requisite to the conduct of
programs related to digestive diseases with special
emphasis on training for careers in research, teaching,
and all aspects of patient care;
(I) the conduct and subject matter of trials in
clinical and translational research in digestive
diseases; and
(J) establishment of a system of periodic
surveillance of the research potential and research
needs in digestive diseases;
The long-range plan formulated under this paragraph shall also include
within its scope related nutritional disorders and basic biological
processes and mechanisms in nutrition which are related to digestive
diseases.
(3) Recommendations for individual national research
institutes.--The Commission shall recommend for each of the
Institutes of the National Institutes of Health whose
activities are to be affected by the long-range plan estimates
of the expenditures needed to carry out each Institute's part
of the overall program. Such estimates shall be prepared for
the fiscal year beginning immediately after completion of the
Commission's plan and for each of the next 5 fiscal years.
(c) Composition.--
(1) In general.--The Commission shall be composed of 16
members appointed in accordance with paragraph (2) and the ex
officio members designated under paragraph (3). The appointed
members shall be voting members, and the ex officio members
shall be nonvoting members, except that the ex officio member
designated under paragraph (3)(A) shall be a voting member.
(2) Appointed members.--The voting members of the
Commission shall be appointed by the Secretary from among
individuals who are not officers or employees of the Federal
Government. Of such members--
(A) 10 shall be appointed from among scientists,
physicians, and other health professionals, of whom--
(i) two shall be practicing clinical
gastroenterologists;
(ii) two shall be gastroenterologists
involved primarily in research on digestive
diseases;
(iii) one shall be a surgeon;
(iv) one shall be an expert in liver
disease;
(v) one shall be an epidemiologist;
(vi) one shall be an allied health
professional; and
(vii) two shall be basic biomedical
scientists (such as biochemists, physiologists,
microbiologists, nutritionists,
pharmacologists, or immunologists); and
(B) six shall be appointed from among the general
public, of whom at least three shall have personal or
close family experience with digestive diseases.
(3) Ex officio members.--
(A) National institute of diabetes and digestive
and kidney diseases.--From among officers or employees
of the National Institute of Diabetes and Digestive and
Kidney Diseases whose primary interest is in the field
of digestive diseases, the Secretary shall designate an
individual to serve as an ex officio member of the
Commission.
(B) Additional members.--The following officials
(or the designees of the officials) shall serve as ex
officio members of the Commission: The Director of the
National Institutes of Health; the Director of the
National Institute of Diabetes and Digestive and Kidney
Diseases; the Director of the National Institute of
Allergy and Infectious Diseases; the Director of the
National Cancer Institute; the Director of the National
Institute of Biomedical Imaging and Bioengineering; the
Director of the National Institute of Drug Abuse; the
Director of the National Institute on Alcohol Abuse and
Alcoholism; the Director of the National Human Genome
Research Institute; the Director for the Division of
Digestive Diseases and Nutrition within the National
Institute of Diabetes and Digestive Kidney Diseases;
the Director of the Centers for Disease Control and
Prevention; the Chief Medical Director of the
Department of Veterans Affairs; and the Secretary of
Defense.
(d) Chair.--From among the appointed members of the Commission, the
members of the Commission shall select an individual to serve as the
Chair of the Commission.
(e) Terms.--The term of a member of the Commission is the life of
the Commission.
(f) Vacancies.--
(1) Authority of commission.--A vacancy in the membership
of the Commission does not affect the power of the remaining
members to carry out the duties of the Commission.
(2) Appointment of successor.--A vacancy in the membership
of the Commission shall be filled in the manner in which the
original appointment was made.
(3) Incomplete term.--If a member of the Commission does
not serve the full term of the member, the individual appointed
to fill the resulting vacancy shall be appointed for the
remainder of the term of the predecessor of the individual.
(g) Meetings.--The Commission shall first meet as directed by the
Secretary, not later than 60 days after the Commission is established,
and thereafter shall meet at the call of the Chair of the Commission,
but not less often than three times during the life of the Commission.
(h) Compensation; Reimbursement of Expenses.--
(1) Appointed members.--Members of the Commission appointed
from among individuals who are not officers or employees of the
Federal Government shall receive compensation for each day
(including travel time) engaged in carrying out the duties of
the Commission. Such compensation may not be in an amount in
excess of the daily equivalent of the annual maximum rate of
basic pay payable under section 5108 of title 5, United States
Code, for positions above GS-15.
(2) Ex officio members.--Members of the Commission
appointed from among individuals who are officers or employees
of the Federal Government may not receive compensation for
service on the Commission in addition to the compensation
otherwise received for duties carried out as Federal officers
or employees.
(3) Reimbursement.--Members of the Commission, while
serving away from their homes or regular places of business in
the performance of services for the Commission, shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as such expenses are authorized
by section 5703 of title 5, United States Code, for persons in
Government service employed intermittently.
(i) Staff.--
(1) Executive director.--The Commission may appoint and fix
the pay of an executive director to effectively carry out its
functions. The executive director shall be appointed subject to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of such title related to classification and
General Schedule pay rates.
(2) Additional staff.--The Secretary shall provide the
Commission with such additional professional and clerical
staff, such information, and the services of such consultants
as the Secretary determines to be necessary for the Commission
to carry out effectively its functions.
(j) Powers.--The Commission may hold such hearings, take such
testimony, and sit and act at such time and places as the Commission
deems advisable.
(k) Report.--Within 18 months following its initial meetings (as
prescribed by subsection (g)), the Commission shall publish and
transmit directly to Congress a final report respecting its activities
under this section. The report shall contain--
(1) the long-range plan required by subsection (b)(2);
(2) the expenditure estimates required by subsection
(b)(3); and
(3) any recommendations of the Commission for legislation
that would facilitate the implementation of the long-range
plan.
In developing recommendations under paragraph (3), the Commission shall
evaluate the effectiveness of the Interagency Coordinating Committee
for Digestive Diseases and assess its ability to monitor and promote
adherence to the long-range plan. The Commission may also make
recommendations regarding organizational changes within the National
Institutes of Health or the establishment of new entities that would
facilitate implementation of the long-range plan and otherwise
coordinate the Federal digestive diseases research effort.
(l) Termination.--The Commission terminates 30 days after the date
on which the final report under subsection (k) is submitted to
Congress.
(m) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $4,000,000 in
the aggregate for fiscal years 2005 and 2006. | Directs the Secretary of Health and Human and Human Services to establish a National Commission on Digestive Diseases, which shall: (1) study the incidence, duration, and mortality rates of digestive diseases, as well as their social and economic impacts; (2) evaluate public and private facilities and resources (including trained personnel and research activities) for the diagnosis, prevention, and treatment of such diseases; (3) identify related disease management programs (including biological, behavioral, nutritional, environmental, and social programs); and (4) develop a long-range plan for the use and organization of national resources to effectively deal with digestive diseases.
Terminates the Commission 30 days after submission of its final report. | {"src": "billsum_train", "title": "A bill to establish a National Commission on Digestive Diseases."} | 2,223 | 137 | 0.659518 | 1.910057 | 0.702939 | 4.594203 | 15.456522 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting for American Industry's
Right to Enforcement Against Duty Evasion Act'' or the ``FAIR
Enforcement Against Duty Evasion Act of 2011''.
SEC. 2. TERMINATION OF AVAILABILITY OF BONDS FOR NEW SHIPPERS.
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1675(a)(2)(B)) is amended--
(1) by striking clause (iii); and
(2) by redesignating clause (iv) as clause (iii).
SEC. 3. COLLECTION OF IDENTIFICATION RELATING TO IMPORTERS.
(a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C.
1641) is amended by adding at the end the following:
``(i) Identification of Customers.--
``(1) In general.--Subject to the requirements of this
subsection, the Secretary shall prescribe regulations setting
forth the minimum standards for customs brokers and their
customers regarding the identity of the customer that shall
apply in connection with the importation of merchandise into
the United States.
``(2) Minimum requirements.--The regulations shall, at a
minimum, require customs brokers to implement, and customers
(after being given adequate notice) to comply with, reasonable
procedures for--
``(A) collecting the identity of any person seeking
to import merchandise into the United States to the
extent reasonable and practicable;
``(B) collecting the identity of any non-United
States person seeking to import merchandise into the
United States to the extent reasonable and practicable;
and
``(C) maintaining records of the information used
to substantiate a person's identity, including name,
address, and other identifying information.
``(3) Penalties.--Any customs broker who fails to collect
information required under the regulations prescribed under
this subsection shall be liable to the United States, at the
discretion of the Secretary, for a monetary penalty not to
exceed $10,000 for each violation of those regulations and to
revocation or suspension of license or permit pursuant to the
procedures set forth in subsection (d).
``(4) Establishment of safe harbors.--Not later than 60
days after the date of the enactment of this subsection, the
Secretary shall publish a notice in the Federal Register
soliciting proposals, which shall be accepted during a 60-day
period, for the specification of practices for which penalties
will not be imposed under this subsection. After considering
the proposals so submitted, the Secretary, shall publish in the
Federal Register, including a 60-day period for comment,
proposed specified practices for which such penalties will not
be imposed. After considering any public comments received
during such period, the Secretary shall issue final regulations
specifying such practices.
``(5) Effective date.--Final regulations prescribed under
this subsection shall take effect before the end of the 1-year
period beginning on the date of the enactment of this
subsection.''.
(b) Study and Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary, in consultation with
relevant Federal regulators shall submit a report to the Congress
containing recommendations for--
(1) determining the most timely and effective way to
require foreign nationals to provide customs brokers and
agencies with appropriate and accurate information, comparable
to that which is required of United States nationals,
concerning the identity, address, and other related information
about such foreign nationals necessary to enable customs
brokers and agencies to comply with the requirements of section
641(i) of the Tariff Act of 1930 (as added by subsection (a));
and
(2) establishing a system for customs brokers and agencies
to review information maintained by relevant Government
agencies for purposes of verifying the identities of foreign
nationals and United States nationals seeking to import
merchandise into the United States.
SEC. 4. IMPORTER OF RECORD DATABASE.
(a) Improvement of Importer of Record Database.--Not later than 180
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall implement the following improvements to the
importer of record database:
(1) Include a history of importer of record numbers
associated with each importer of record.
(2) Provide a system to evaluate the accuracy of the
database maintained with respect to each importer of record.
(3) Establish a system that ensures that duplicate importer
of record numbers are not issued.
(4) Establish a system for updating the database described
in this subsection on a regular basis, but not less frequently
than once a year.
(5) Establish a system that enables customs brokers to
verify the information required under section 641(i) of the
Tariff Act of 1930 (as added by section 3(a) of this Act).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report on the improvements made to
the importer of record program pursuant to this section. | Fighting for American Industry's Right to Enforcement Against Duty Evasion Act or FAIR Enforcement Against Duty Evasion Act of 2011 - Amends the Tariff Act of 1930 to eliminate the option of an importer to post a bond or security in lieu of a cash deposit for each entry of merchandise exported into the United States by a new exporter (shipper) and producer that is the subject of a review by the administering authority as to whether antidumping or countervailing duties shall be imposed on such merchandise.
Directs the Secretary of the Treasury to prescribe minimum standards to require customs brokers to implement, and customers (importers) to comply with, reasonable procedures for collecting information to identify U.S. and non-U.S. customers seeking to import merchandise into the United States.
Directs the Secretary to report to Congress recommendations for: (1) determining the most effective way to require foreign nationals to provide customs brokers and federal agencies with accurate information, comparable to that required of U.S. nationals, on the identity of foreign nationals seeking to import merchandise into the United States; and (2) establishing a system for such brokers and agencies to review information maintained by relevant federal agencies to verify the identity of foreign nationals and U.S. nationals who seek to import merchandise into the United States.
Directs the Secretary of Homeland Security (DHS) to implement certain modifications to the importer of record database. | {"src": "billsum_train", "title": "A bill to improve the importer of record program and the collection of fees and duties in connection with the importation of merchandise into the United States, and for other purposes."} | 1,139 | 303 | 0.607524 | 1.870855 | 0.684085 | 3.224806 | 4.031008 | 0.868217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drill Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The April 20, 2010, explosion and sinking of the mobile
offshore drilling unit Deepwater Horizon resulted in the
largest discharge of petroleum in the history of the United
States.
(2) The disaster has cost the Nation tens of billions of
dollars in economic damages and widespread devastation of
natural resources.
(3) For more than three months, tens of thousands of
barrels of oil have been discharged into the Gulf of Mexico by
the Deepwater Horizon oil spill.
(4) Evidence shows that the use of acoustic switches and
blowout preventers can greatly reduce the chance of an
uncontrolled oil spill.
(5) BP p.l.c. has already spent more than $4,000,000,000 in
direct response to the Deepwater Horizon oil spill.
(6) The total cost of the Deepwater Horizon oil spill will
likely soar past the $20,000,000,000 claims fund established by
BP p.l.c. for the Deepwater Horizon oil spill.
(7) Acoustic switches cost approximately $500,000 per oil
well.
SEC. 3. CONDITIONS FOR THE ISSUANCE OF NEW OFFSHORE OIL AND GAS LEASES.
Section 8(d) of the Outer Continental Shelf Lands Act (43 U.S.C.
1337(d)) is amended by inserting ``(1)'' after ``(d)'', and by adding
at the end the following new paragraph:
``(2) The Secretary shall require, as a condition and term of any
oil and gas lease under this section, that the lessee certify that the
lessee will--
``(A) use the best available technology for all operations
under the lease, including acoustic sensors; and
``(B) adopt and implement a comprehensive plan to respond
to and clean up any discharge of oil occurring in operation
under the lease.''.
SEC. 4. REQUIREMENTS FOR EXISTING OFFSHORE OIL AND GAS LEASES.
(a) Best Available Technology.--
(1) Certification requirement.--The Secretary of the
Interior shall require that each person that on the date of the
enactment of this Act holds an oil and gas lease issued under
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
must certify, by not later than 6 months after the date of
enactment of this Act, that they use the best available
technology in all operations under the lease.
(2) Termination of operations.--The Secretary--
(A) may order such a person to suspend operations
if the person has not made the certification required
under paragraph (1) by not later than 6 months after
the date of enactment of this Act; and
(B) shall cancel the lease if the person has not
made the certification required under paragraph (1) by
not later than 18 months after the date of enactment of
this Act.
(b) Comprehensive Response Plan.--
(1) Certification requirement.--The Secretary of the
Interior shall require that each person that on the date of the
enactment of this Act holds an oil and gas lease issued under
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
must certify, by not later than 6 months after the date of
enactment of this Act, that they have adopted and implemented a
comprehensive plan to respond to and clean up any discharge of
oil occurring in operation under the lease.
(2) Termination of operations.--The Secretary--
(A) may order such a person to suspend operations
if the person has not made the certification required
under paragraph (1) by not later than 6 months after
the date of enactment of this Act; and
(B) shall cancel the lease if the person has not
made the certification required under paragraph (1) by
not later than 18 months after the date of enactment of
this Act.
SEC. 5. REVIEW OF BLOWOUT PREVENTERS, EMERGENCY SHUTOFF SYSTEMS, AND
OTHER OIL DISCHARGE PREVENTION TECHNOLOGY.
Section 5(b) of the Outer Continental Shelf Lands Act (43 U.S.C.
1334(b)) is amended by inserting ``(1)'' after ``(b)'', and by adding
at the end the following new paragraph:
``(2) The Secretary of the Interior shall--
``(A) to review blowout preventers, emergency shutoff
systems, and other oil discharge prevention technology
(including emerging technology) that is or may be used for oil
and gas drilling operations under leases under this Act; and
``(B) revise regulations under this Act governing the use
of such technology as necessary based on that review.''. | Safe Drill Act of 2010 - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to precondition a new oil or gas lease upon the lessee's certification that the lessee will: (1) use the best available technology for all operations under the lease, including acoustic sensors; and (2) adopt and implement a comprehensive plan to respond to and clean up any discharge of oil occurring in lease operations.
Directs the Secretary to require each person holding an existing oil or gas lease to make such a certification within six months after enactment of this Act.
Empowers the Secretary to order suspension of operations and cancel the lease if such a certification is not forthcoming within the deadline.
Requires the Secretary to: (1) review blowout preventers, emergency shutoff systems, and other oil discharge prevention technology (including emerging technology) used for oil and gas drilling operations; and (2) revise as necessary regulations governing the use of such technology based upon such review. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to establish conditions for the issuance of oil and gas leases under that Act to prevent discharges of oil in operations under such leases, and for other purposes."} | 1,071 | 220 | 0.565188 | 1.677606 | 0.985893 | 3.911917 | 4.937824 | 0.906736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom to Export to Cuba Act of
2017''.
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo.--
(1) In general.--Section 620(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2370(a)) is amended by striking ``(1) No
assistance'' and all that follows through ``(2) Except'' and
inserting ``Except''.
(2) Conforming amendment.--Section 1709 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6008) is amended by striking
``section 620(a)(2)'' and inserting ``section 620(a)''.
(b) Trading With the Enemy Act.--
(1) In general.--The authorities conferred upon the
President by section 5(b) of the Trading With the Enemy Act (50
U.S.C. 4305(b)), which were being exercised with respect to
Cuba on July 1, 1977, as a result of a national emergency
declared by the President before that date, and are being
exercised on the day before the date of the enactment of this
Act, may not be relied upon on or after such date of enactment
to continue the imposition of direct restrictions on trade with
Cuba.
(2) Regulations.--Any regulation that imposes direct
restrictions on trade with Cuba in effect on the day before the
date of the enactment of this Act pursuant to the exercise of
authorities described in paragraph (1) shall cease to be
effective for that purpose on and after such date of enactment.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the date of the
enactment of this Act under the Export Administration Act of
1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant
to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)) shall cease to be effective on and after such
date of enactment.
(2) Authority for new restrictions.--The President may, on
and after the date of the enactment of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979 (as continued in effect
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)); and
(B) exercise the authorities the President has
under the International Emergency Economic Powers Act
with respect to Cuba pursuant to a declaration of
national emergency required by that Act that is made on
account of an unusual and extraordinary threat to the
national security, foreign policy, or economy of the
United States, that did not exist before the date of
the enactment of this Act.
(d) Cuban Democracy Act.--
(1) In general.--The Cuban Democracy Act of 1992 (22 U.S.C.
6001 et seq.) is amended--
(A) by striking section 1704 (22 U.S.C. 6003);
(B) in section 1705(e) (22 U.S.C. 6004(e))--
(i) by striking paragraph (5); and
(ii) by redesignating paragraph (6) as
paragraph (5);
(C) by striking section 1706 (22 U.S.C. 6005); and
(D) by striking section 1708 (22 U.S.C. 6007).
(2) Conforming amendment.--Paragraph (3) of section 204(b)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act
of 1996 (22 U.S.C. 6064(b)) is amended to read as follows:
``(3) section 1705(d) of the Cuban Democracy Act of 1992
(22 U.S.C. 6004(d));''.
(e) Cuban Liberty and Democratic Solidarity Act.--
(1) In general.--The Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is
amended--
(A) by striking sections 101 through 108;
(B) in section 109(a) (22 U.S.C. 6039(a)), by
striking ``(including section 102 of this Act)'';
(C) by striking sections 110 through 116; and
(D) by striking title II (22 U.S.C. 6061 et seq.).
(2) Conforming amendment.--Section 606 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 8 U.S.C. 1255 note) is repealed.
(f) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.) is amended--
(1) in section 906(a)(1) (22 U.S.C. 7205(a)(1)), by
striking ``Cuba,'';
(2) in section 908 (22 U.S.C. 7207)--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--
Notwithstanding'' and inserting ``In General.--
Notwithstanding'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) and by moving such subsection,
as so redesignated, 2 ems to the left; and
(C) in subsection (b), as redesignated by
subparagraph (B)(iv), by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(3) by striking section 909 (22 U.S.C. 7208). | Freedom to Export to Cuba Act of 2017 This bill amends: (1) the Foreign Assistance Act of 1961 to repeal the prohibition on assistance to Cuba and the President's authority for the embargo on Cuba, (2) the Trading with the Enemy Act to repeal the President's authority to continue direct restrictions on trade with Cuba, and (3) the Export Administration Act of 1979 to repeal the prohibitions on exports to Cuba. The bill authorizes the President to: (1) impose export controls with respect to Cuba, and (2) exercise certain authorities under the International Emergency Economic Powers Act only on account of an unusual and extraordinary threat to U.S. national security. The Cuban Democracy Act of 1992 is amended to eliminate: presidential authority to impose sanctions against Cuban trading partners, restrictions on transactions between U.S.-owned or controlled firms and Cuba, limitations on direct shipping between Cuban and U.S. ports, and restrictions on remittances. The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 is amended to eliminate provisions concerning: the enforcement of an economic embargo of Cuba; the prohibition on indirect financing of Cuba; opposition to Cuban membership in international financial institutions; opposition to ending Cuban suspension from the Organization of American States; certain import restrictions, including sugar restrictions; family remittance and travel to Cuba, news bureaus in Cuba, and extradition of persons sought by the Department of Justice for crimes committed in the United States; and assistance to a free and independent Cuba. The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended to: remove Cuba from the list of state sponsors of terrorism subject to agricultural and medical export restrictions; and repeal the prohibition on the U.S. entry of merchandise that is of Cuban origin, that is or has been located in or transported from or through Cuba, or that is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba. | {"src": "billsum_train", "title": "Freedom to Export to Cuba Act of 2017"} | 1,432 | 417 | 0.634417 | 1.898268 | 0.71792 | 2.212987 | 2.968831 | 0.727273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rights of Intellectual Property
Owners Fairness Facilitation Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States industry loses billions of dollars each
year to countries that do not provide adequate protection of
intellectual property rights.
(2) According to the Department of Commerce, United States
companies lose approximately $50,000,000,000 annually as a
result of violations of intellectual property rights by foreign
countries.
(3) It is in the interest of the United States to leverage
its foreign policy to achieve certain trade policy objectives,
such as adequate, effective, and timely protection of
intellectual property rights.
(4) Several countries that qualify under the generalized
system of preferences provisions have been identified under
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as
countries that do not provide adequate and effective protection
of patents, copyrights, and trademarks or deny fair and
equitable market access to United States persons that rely on
intellectual property rights protection.
(5) Several countries that receive United States foreign
assistance also have been identified under section 182 of the
Trade Act of 1974 as countries that do not provide adequate and
effective protection of patents, copyrights, and trademarks or
deny fair and equitable market access to United States persons
that rely on intellectual property rights protection.
SEC. 3. COUNTRIES INELIGIBLE FOR GSP TREATMENT.
(a) In General.--
(1) Implementation of agreement on trips.--Section 502(b)
of the Trade Act of 1974 (19 U.S.C. 2462(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(6),
(B) by striking the period at the end of paragraph
(7) and inserting ``; and'',
(C) by inserting immediately after paragraph (7)
the following new paragraph:
``(8) if such country is not implementing parts I, II, and
III of the Agreement on TRIPS--
``(A) beginning on the date that is 1 year (2 years
in the case of a country with respect to which the
President has made a qualified certification) after the
date the Agreement enters into force and effect, or
``(B) beginning on the date that is 5 years after
the date the Agreement enters into force and effect in
the case of a least-developed beneficiary developing
country.'',
(D) in the last sentence, by striking ``(4), (6),
(7), and (8)'' and inserting ``(4), (5), (6), (7), and
(8)'', and
(E) by adding at the end the following new
sentence: ``For purposes of paragraph (8)(A), a
`qualified certification' means a certification by the
President to the Congress that is made within 1 year
after the date the Agreement on TRIPS enters into force
and effect and that states that a country is making
overall significant progress in implementing parts I,
II, and III of the Agreement.''.
(2) Conforming amendment.--Section 502(a) of such Act (19
U.S.C. 2462(a)) is amended by adding at the end the following
new paragraph:
``(5) For purposes of this title--
``(A) the term `Agreement on TRIPS' means the
Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the Uruguay
Round Agreements, and
``(B) the term `Uruguay Round Agreements' means the
trade agreements resulting from the Uruguay Round of
multilateral trade negotiations under the auspices of
the General Agreement on Tariffs and Trade.''.
(b) Designation as Eligible GSP Country.--Section 502 of such Act
(19 U.S.C. 2462) is amended by adding at the end the following new
subsection:
``(f) Designation Where Country Adheres to the Agreement on TRIPS;
Annual Reports.--
``(1) Designation as beneficiary developing country.--A
country--
``(A) which has been denied designation as a
beneficiary developing country on the basis of
subsection (b)(8), or
``(B) with respect to which such designation has
been withdrawn or suspended based on subsection (b)(8),
may be designated as a beneficiary developing country under
this title, if the President determines that the country is
fully implementing parts I, II, and III of the Agreement on
TRIPS and reports the determination to the Congress.
``(2) Annual report.--Not later than the date that is 1
year after the date the Agreement on TRIPS enters into force
and effect, and annually thereafter, the President shall
determine whether each country designated as a beneficiary
developing country under this title is fully implementing parts
I, II, and III of the Agreement and shall report such findings
to the Congress.''.
SEC. 4. COORDINATION OF TRADE POLICY AND FOREIGN POLICY.
(a) Other Efforts To Improve Protection of Intellectual Property
Rights.--The United States Trade Representative shall notify the
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development on a regular basis of any
country which is not fully implementing parts I, II, and III of the
Agreement on TRIPS.
(b) Encouraging Implementation of Agreement on TRIPS.--The
Secretary of State, the Secretary of Commerce, and the Administrator of
the Agency for International Development shall cooperate with the
United States Trade Representative by encouraging any country that
receives foreign assistance and is not fully implementing the Agreement
on TRIPS to enact and enforce laws that will enable the country to
implement the Agreement on TRIPS. To further this objective, the
Secretary of State shall instruct the head of each United States
diplomatic mission abroad to include intellectual property rights
protection as a priority objective of the mission.
(c) Other Actions To Encourage Protection of Intellectual Property
Rights.--Notwithstanding any other provision of law, the President is
authorized to undertake the following actions, where appropriate, with
respect to a developing country to encourage and help the country
improve the protection of intellectual property rights:
(1) Provide Overseas Private Investment Corporation
insurance for intellectual property assets.
(2) Require foreign assistance programs to provide support
for the development of national intellectual property laws and
regulations and for the development of the infrastructure
necessary to protect intellectual property rights.
(3) Establish technical cooperation committees on
intellectual property standards within regional organizations.
(4) Establish, as a joint effort between the United States
Government and the private sector, a council to facilitate and
provide intellectual property-related technical assistance
through the Agency for International Development and the
Department of Commerce.
(5) Require United States representatives to multilateral
lending institutions to seek the establishment of programs
within the institutions to support strong intellectual property
rights protection in recipient countries that have fully
implemented parts I, II, and III of the Agreement on TRIPS.
(d) Definitions.--For purposes of this section:
(1) Agreement on trips.--The term ``Agreement on TRIPS''
means the Agreement on Trade-Related Aspects of Intellectual
Property Rights entered into as part of the trade agreements
resulting from the Uruguay Round of multilateral trade
negotiations under the auspices of the General Agreement on
Tariffs and Trade.
(2) Developing country.--The term ``developing country''
means any country which is--
(A) eligible to be designated a beneficiary
developing country pursuant to title V of the Trade Act
of 1974 (19 U.S.C. 2461 et seq.), or
(B) designated as a least-developed beneficiary
developing country pursuant to section 504(c)(6) of
such Act (19 U.S.C. 2464(c)(6)). | Rights of Intellectual Property Owners Fairness Facilitation Act of 1994 - Amends the Trade Act of 1974 to prohibit the President from designating a country a beneficiary developing country eligible for trade benefits under the generalized system of preferences if such country is not implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) within a specified time. Authorizes a country that has been denied such designation to be so designated if the President determines that the country is fully implementing TRIPS.
Directs the United States Trade Representative to notify the Secretary of State, the Secretary of Commerce, and the Administrator of the Agency for International Development of any country which is not implementing TRIPS. Sets forth specified actions to be taken to encourage countries to implement TRIPS. | {"src": "billsum_train", "title": "Rights of Intellectual Property Owners Fairness Facilitation Act of 1994"} | 1,707 | 170 | 0.564946 | 1.622594 | 0.686575 | 4.232394 | 11.232394 | 0.894366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Carbon Dioxide Storage
Capacity Assessment Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assessment.--The term ``assessment'' means the national
assessment of geological storage capacity for carbon dioxide
completed under this Act.
(2) Capacity; geological storage capacity.--The terms
``capacity'' and ``geological storage capacity'' mean the
portion of a storage formation that can retain carbon dioxide
under the parameters (including physical, geological, and
economic parameters) established under the methodology
developed under this Act.
(3) Engineered hazards.--The term ``engineered hazards''
includes the location and completion history of any well that
could affect potential storage.
(4) Risk.--The term ``risk'' includes risks posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(6) Storage formation.--The term ``storage formation''
means a saline formation, unmineable coal seam, or oil or gas
reservoir capable of accommodating a volume of industrial
carbon dioxide.
SEC. 3. METHODOLOGY FOR NATIONAL ASSESSMENT OF GEOLOGICAL STORAGE
CAPACITY FOR CARBON DIOXIDE.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall develop a methodology for
conducting a national assessment of the geological storage capacity for
carbon dioxide.
(b) Potential Storage Formations.--In developing the methodology
under this section, the Secretary shall consider--
(1) the geographic extent of all potential storage
formations in all 50 States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations; and
(5) the risk associated with the potential storage
formations.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data
sharing, format, development of the methodology, and
content of the assessment required under this Act to
ensure the maximum usefulness and success of the
assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to
ensure, to the maximum extent practicable, the
usefulness and success of the assessment.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(d) Opportunity for Review and Comment.--During the period
beginning on the date that is 270 days after the date of enactment of
this Act and ending not less than 45 days, and not more than 90 days,
after the commencement of the assessment, the Secretary shall provide
the heads of stakeholder Federal agencies, the heads of State land
management agencies, industry stakeholders, and the public with an
opportunity to review and comment on the proposed methodology developed
under subsection (a).
(e) Independent Verification.--During the period described in
subsection (d), the Secretary shall convene a committee of subject
matter experts composed of representatives of Federal agencies,
institutions of higher education, nongovernmental organizations, State
organizations, industry, and international geoscience organizations to
conduct a review of the methodology for capacity and risk estimation
required to carry out this section.
(f) Final Publication.--Not later than 90 days after the period
described in subsection (d), the Secretary shall--
(1) publish in the Federal Register a description of the
final methodology to be used for conducting the national
assessment of the geological storage capacity for carbon
dioxide required under subsection (a), taking into account any
comments received under subsection (d) and the methodology
review conducted under subsection (e); and
(2) issue a public report that responds to the comments
received under subsection (d) and the methodology review under
subsection (e).
SEC. 4. COMPLETION OF NATIONAL ASSESSMENT OF GEOLOGICAL STORAGE
CAPACITY FOR CARBON DIOXIDE.
(a) In General.--Not later than 2 years after the date of final
publication of the methodology, the Secretary shall complete a national
assessment of geological storage capacity for carbon dioxide using the
methodology developed under section 3.
(b) Database.--
(1) In general.--The Secretary shall establish a database
on the Internet accessible to the public that provides the
results of the assessment required under this section,
including a detailed description of the data collected under
the assessment.
(2) Data.--The database shall include the data necessary to
rank potential storage sites for capacity and risk, across the
United States, within each State, by formation, and within each
basin.
(c) Report.--
(1) In general.--Not later than 180 days after the date on
which the assessment required under this section is completed,
the Secretary shall submit to the appropriate committees of
Congress and the President a report that describes the findings
of the assessment.
(2) Public availability.--The Secretary shall make the
report required under this subsection available on the
Internet.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for the period beginning on October 1 of the first full
fiscal year after the date of enactment of this Act and ending 4 years
thereafter. | National Carbon Dioxide Storage Capacity Assessment Act of 2007 - Requires the Secretary of the Interior (Secretary), acting through the Director of the U.S. Geological Survey, to develop a methodology for conducting a national assessment of the geological storage capacity for carbon dioxide. Sets forth elements for the Secretary to consider in developing the methodology. Requires the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to cooperate with the Secretary to ensure the usefulness and success of the assessment.
Requires the Secretary to: (1) provide the heads of stakeholder federal agencies, the heads of state land management agencies, industry stakeholders, and the public with an opportunity to review and comment on the proposed methodology; (2) convene a committee of subject matter experts to review the methodology for capacity and risk estimation; (3) publish a description of the final methodology and issue a public report that responds to the comments received and the methodology review; (4) complete a national assessment of geological storage capacity for carbon dioxide using the methodology; (5) establish a database on the Internet accessible to the public that provides the results of the assessment and includes the data necessary to rank potential storage sites for capacity and risk; and (6) report to Congress on the findings of the assessment. | {"src": "billsum_train", "title": "A bill to develop a methodology for, and complete, a national assessment of geological storage capacity for carbon dioxide, and for other purposes."} | 1,236 | 273 | 0.678426 | 1.98683 | 0.804901 | 5.552419 | 4.608871 | 0.955645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Land Probate Reform Technical
Corrections Act of 2005''.
SEC. 2. PARTITION OF HIGHLY FRACTIONATED INDIAN LAND.
Section 205 of the Indian Land Consolidation Act (25 U.S.C. 2204)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Purchase of Land.--
``(1) In general.--Subject to subsection (b), any Indian tribe
may purchase, at not less than fair market value and with the
consent of the owners of the interests, part or all of the
interests in--
``(A) any tract of trust or restricted land within the
boundaries of the reservation of the tribe; or
``(B) land that is otherwise subject to the jurisdiction of
the tribe.
``(2) Required consent.--
``(A) In general.--The Indian tribe may purchase all
interests in a tract described in paragraph (1) with the
consent of the owners of undivided interests equal to at least
50 percent of the undivided interest in the tract.
``(B) Interest owned by tribe.--Interests owned by an
Indian tribe in a tract may be included in the computation of
the percentage of ownership of the undivided interests in that
tract for purposes of determining whether the consent
requirement under subparagraph (A) has been met.'';
(2) by redesignating subsection (d) as subsection (c); and
(3) in subsection (c) (as redesignated by paragraph (2))--
(A) in paragraph (2)--
(i) in subparagraph (G)(ii)(I), by striking ``a higher
valuation of the land'' and inserting ``a value of the land
that is equal to or greater than that of the earlier
appraisal''; and
(ii) in subparagraph (I)(iii)--
(I) in subclause (III), by inserting ``(if any)''
after ``this section''; and
(II) in subclause (IV)--
(aa) in item (aa), by striking ``less'' and
inserting ``more''; and
(bb) in item (bb), by striking ``to implement
this section'' and inserting ``under paragraph
(5)''; and
(B) in paragraph (5), in the second sentence, by striking
``shall'' and inserting ``may''.
SEC. 3. TRIBAL PROBATE CODES.
Section 206 of the Indian Land Consolidation Act (25 U.S.C. 2205)
is amended--
(1) in subsection (b)(3), by striking subparagraph (A) and
inserting the following:
``(A) the date that is 1 year after the date on which the
Secretary makes the certification required under section
8(a)(4) of the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108-374); or''; and
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``section'' and all
that follows through ``the Indian tribe'' and inserting
``section 207(b)(2)(A)(ii), the Indian tribe''; and
(B) in paragraph (2)(A)(i)(II)(bb), by inserting ``in
writing'' after ``agrees''.
SEC. 4. DESCENT AND DISTRIBUTION.
(a) In General.--Section 207 of the Indian Land Consolidation Act
(25 U.S.C. 2206) is amended--
(1) by redesignating subsections (h) through (p) as subsections
(g) through (o), respectively;
(2) in subsection (g) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) by inserting ``specifically'' after ``pertains'';
and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) the allotted land (or any interest relating to such
land) of 1 or more specific Indian tribes expressly identified
in Federal law, including any of the Federal laws governing the
probate or determination of heirs associated with, or otherwise
relating to, the land, interest in land, or other interests or
assets that are owned by individuals in--
``(i) Five Civilized Tribes restricted fee status; or
``(ii) Osage Tribe restricted fee status.''; and
(B) by adding at the end the following:
``(3) Effect of subsection.--Except to the extent that this Act
otherwise affects the application of a Federal law described in
paragraph (2), nothing in this subsection limits the application of
this Act to trust or restricted land, interests in such land, or
any other trust or restricted interests or assets.'';
(3) in subsection (h) (as redesignated by paragraph (1))--
(A) in paragraph (6), by striking ``(25 U.S.C. 2205)''; and
(B) in paragraph (7), by inserting ``in trust or restricted
status'' after ``testator'';
(4) in subsection (j) (as redesignated by paragraph (1))--
(A) in paragraph (2)(A)--
(i) in clause (ii)(I), by striking ``the date of
enactment of this subparagraph'' and inserting ``the date
that is 1 year after the date on which the Secretary
publishes a notice of certification under section 8(a)(4)
of the American Indian Probate Reform Act of 2004 (25
U.S.C. 2201 note; Public Law 108-374)''; and
(ii) in clause (iii), by striking ``the provisions of
section 207(a)(2)(A)'' and inserting ``subsection
(a)(2)(A)'';
(B) in paragraph (8)(D), by striking ``the provisions of
section 207(a)(2)(D) (25 U.S.C. 2206(a)(2)(D))'' and inserting
``subsection (a)(2)(D)''; and
(C) in paragraph (9)(C)--
(i) by striking ``section 207(e) (25 U.S.C. 2206(e))''
and inserting ``subsection (e)''; and
(ii) by striking ``section 207(p) (25 U.S.C. 2206(p))''
and inserting ``subsection (o)''; and
(5) in subsection (o) (as redesignated by paragraph (1))--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``section 207(a)(2)(A) or (D)'' and inserting
``subparagraph (A) or (D) of subsection (a)(2)''; and
(ii) in subparagraph (A), by striking ``section
207(b)(1)(A)'' and inserting ``subsection (b)(1)(A)'';
(B) in paragraph (3)(B), by striking ``section 207(a)(2)(A)
or (D)'' and inserting ``subparagraph (A) or (D) of subsection
(a)(2)''; and
(C) in paragraph (6)--
(i) in the first sentence, by striking ``Proceeds'' and
inserting the following:
``(A) In general.--Proceeds''; and
(ii) by striking the second sentence and inserting the
following:
``(B) Holding in trust.--Proceeds described in subparagraph
(A) shall be deposited and held in an account as trust
personalty if the interest sold would otherwise pass to--
``(i) the heir, by intestate succession under
subsection (a); or
``(ii) the devisee in trust or restricted status under
subsection (b)(1).''.
(b) Nontestamentary Disposition.--Section 207(a)(2)(D)(iv)(I)(aa)
of the Indian Land Consolidation Act (25 U.S.C.
2206(a)(2)(D)(iv)(I)(aa)) is amended--
(1) by striking ``clause (iii)'' and inserting ``this
subparagraph''; and
(2) in subitem (BB), by striking ``any co-owner'' and inserting
``not more than 1 co-owner''.
(c) Joint Tenancy; Right of Survivorship.--Section 207(c) of the
Indian Land Consolidation Act (25 U.S.C. 2206(c)) is amended by
striking the subsection heading and inserting the following:
``(c) Joint Tenancy; Right of Survivorship.--''.
(d) Estate Planning Assistance.--Section 207(f)(3) of the Indian
Land Consolidation Act (25 U.S.C. 2206(f)(3)) is amended in the matter
preceding subparagraph (A) by inserting ``, including noncompetitive
grants,'' after ``grants''.
SEC. 5. FRACTIONAL INTEREST ACQUISITION PROGRAM.
Section 213 of the Indian Land Consolidation Act (25 U.S.C. 2212)
is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 213. FRACTIONAL INTEREST ACQUISITION PROGRAM.'';
and
(2) in subsection (a)(1), by striking ``(25 U.S.C. 2206(p))''.
SEC. 6. ESTABLISHING FAIR MARKET VALUE.
Section 215 of the Indian Land Consolidation Act (25 U.S.C. 2214)
is amended by striking the last sentence and inserting the following:
``Such a system may govern the amounts offered for the purchase of
interests in trust or restricted land under this Act.''.
SEC. 7. LAND OWNERSHIP INFORMATION.
Section 217(e) of the Indian Land Consolidation Act (25 U.S.C.
2216(e)) is amended by striking ``be made available to'' and inserting
``be made available to--''.
SEC. 8. CONFORMING AMENDMENTS.
(a) Probate Reform.--The American Indian Probate Reform Act of 2004
(25 U.S.C. 2201 note; Public Law 108-374) is amended--
(1) in section 4, by striking ``(as amended by section
6(a)(2))''; and
(2) in section 9, by striking ``section 205(d)(2)(I)(i)'' and
inserting ``section 205(c)(2)(I)(i) of the Indian Land
Consolidation Act (25 U.S.C. 2204(c)(2)(I)(i))''.
(b) Transfer and Exchange of Land.--Section 4 of the Act of June
18, 1934 (25 U.S.C. 464) is amended to read as follows:
``SEC. 4. TRANSFER AND EXCHANGE OF RESTRICTED INDIAN LAND AND SHARES OF
INDIAN TRIBES AND CORPORATIONS.
``(a) Approval.--Except as provided in this section, no sale,
devise, gift, exchange, or other transfer of restricted Indian land or
shares in the assets of an Indian tribe or corporation organized under
this Act shall be made or approved.
``(b) Transfer to Indian Tribe.--
``(1) In general.--Land or shares described in subsection (a)
may be sold, devised, or otherwise transferred to the Indian tribe
on the reservation of which the land is located, or in the
corporation of which the shares are held or were derived (or a
successor of such a corporation), with the approval of the
Secretary of the Interior.
``(2) Descent and devise.--Land and shares transferred under
paragraph (1) shall descend or be devised to any member of the
Indian tribe or corporation (or an heir of such a member) in
accordance with the Indian Land Consolidation Act (25 U.S.C. 2201
et seq.), including a tribal probate code approved under that Act
(including regulations).
``(c) Voluntary Exchanges.--The Secretary of the Interior may
authorize a voluntary exchange of land or shares described in
subsection (a) that the Secretary determines to be of equal value if
the Secretary determines that the exchange is--
``(1) expedient;
``(2) beneficial for, or compatible with, achieving proper
consolidation of Indian land; and
``(3) for the benefit of cooperative organizations.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall be effective as if included
in the American Indian Probate Reform Act of 2004 (25 U.S.C. 2201 note;
Public Law 108-374).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Land Probate Reform Technical Corrections Act of 2005 - Amends the Indian Land Consolidation Act to make technical amendments with regard to: (1) partition of highly fractionated Indian land; (2) tribal probate codes; (3) descent and distribution; (4) the fractional interest acquisition program; (5) establishment of fair market value; and (6) land ownership information. | {"src": "billsum_train", "title": "A bill to amend the Indian Land Consolidation Act to provide for probate reform."} | 3,081 | 78 | 0.4999 | 1.246658 | 0.659939 | 3.135135 | 33.418919 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Refinery
Revitalization Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It serves the national interest to increase refinery
capacity for gasoline, heating oil, diesel fuel, and jet fuel
wherever located within the United States, to bring more supply
to the markets for use by the American people. Forty-eight
percent of the crude oil in the United States is used for the
production of gasoline. Production and use of refined petroleum
products has a significant impact on interstate commerce.
(2) United States demand for refined petroleum products,
such as gasoline and heating oil, currently exceeds our
domestic capacity to produce them. By 2025, United States
gasoline consumption is projected to rise from 8,900,000
barrels per day to 13,300,000 barrels per day. Diesel fuel and
home heating oil are becoming larger components of an
increasing demand for refined petroleum supply. With the
increase in air travel, jet fuel consumption is projected to be
760,000 barrels per day higher in 2025 than today.
(3) The refinery industry is operating at nearly 100
percent of capacity during the peak gasoline consumption season
and is producing record levels of needed products at other
times. The excess demand has recently been met by increased
imports. The United States currently is importing 7 percent of
its refined petroleum products but few foreign refiners can
produce the clean fuels required in the United States.
(4) Refiners are subject to significant environmental and
other regulations and face several new Clean Air Act
requirements over the next decade. Today 153 refineries operate
in the United States, down from 324 in 1981. Almost 25 percent
of our Nation's refining capacity is controlled by foreign
ownership. Easily restored capacity at idled refineries
amounted to 539,000 barrels a day in 2002, or 3.3 percent of
the total operating capacity. No new refineries have been built
in the United States since 1976. Most refineries are located on
century-old sites. New Clean Air Act requirements will benefit
the environment but will also require substantial capital
investment and additional government permits.
(5) Refiners have met growing demand by increasing the use
of existing equipment and increasing the efficiency and
capacity of existing plants. But refining capacity has begun to
lag behind peak summer demand.
(6) Heavy industry and manufacturing jobs have closed or
relocated due to barriers to investment, burdensome regulation,
and high costs of operation, among other reasons.
(7) More regulatory certainty for refinery owners is needed
to stimulate investment in increased refinery capacity.
(8) Required procedures for Federal, State, and local
regulatory approvals need to be streamlined to ensure that
increased refinery capacity can be developed and operated in a
safe, timely, and cost-effective manner.
SEC. 3. DESIGNATION OF REFINERY REVITALIZATION ZONES.
The Secretary of Energy shall designate as a Refinery
Revitalization Zone any area--
(1) that--
(A) has experienced mass layoffs at manufacturing
facilities, as determined by the Secretary of Labor; or
(B) contains an idle refinery; and
(2) that has an unemployment rate of at least 20 percent
above the national average, as set forth by the Department of
Labor, Bureau of Labor Statistics, at the time of designation
as a Refinery Revitalization Zone.
SEC. 4. COMPLIANCE WITH ALL ENVIRONMENTAL REGULATIONS REQUIRED.
The best available control technology, as appropriate, shall be
employed on all refineries located within a Refinery Revitalization
Zone to comply with all applicable Federal, State, and local
environmental regulations. Nothing in this Act shall be construed to
waive or diminish in any manner the applicability to any refinery
facility located within a Refinery Revitalization Zone existing or
future environmental regulations.
SEC. 5. COORDINATION AND EXPEDITIOUS REVIEW OF PERMITTING PROCESS.
(a) Department of Energy Lead Agency.--Upon request of an applicant
for a Federal authorization related to the siting and operation of a
refinery facility within a Refinery Revitalization Zone, the Department
of Energy shall be the lead agency for coordinating all applicable
Federal authorizations and related environmental reviews of the
facility. To the maximum extent practicable under applicable Federal
law, the Secretary of Energy shall coordinate this Federal
authorization and review process with any Indian Tribes and State and
local agencies responsible for conducting any separate permitting and
environmental reviews of the facility, to ensure timely and efficient
review and approval of any permit decisions.
(b) Authority to Set Deadlines.--As lead agency, the Department of
Energy, in consultation with agencies responsible for Federal
authorizations and, as appropriate, with Indian Tribes and State or
local agencies willing to coordinate their own separate permitting and
environmental reviews with the Federal authorization and environmental
reviews, shall establish prompt and binding intermediate and ultimate
deadlines for the review of, and Federal authorization decisions
relating to, the refinery facility. The Secretary of Energy shall
ensure that once an application has been submitted with such data as
the Secretary considers necessary, all permit decisions and related
environmental reviews under all applicable Federal laws shall be
completed within 6 months or, where circumstances require otherwise, as
soon thereafter as is practicable. The Secretary of Energy also shall
provide an expeditious preapplication mechanism for prospective
applicants to confer with the agencies involved to have each such
agency determine and communicate to the prospective applicant within 60
days after the prospective applicant submits a request for the
information concerning--
(1) the likelihood of approval for a potential facility;
and
(2) key issues of concern to the agencies and public.
(c) Consolidated Environmental Review and Record of Decision.--As
lead agency, the Department of Energy, in consultation with the
affected agencies, shall prepare a single environmental review
document, which shall be used as the basis for all decisions on the
proposed project under Federal law. The document may be an
environmental assessment or environmental impact statement under the
National Environmental Policy Act of 1969 if warranted, or such other
form of analysis as may be warranted, in the discretion of the
Secretary. Such document shall include consideration by the relevant
agencies of any applicable criteria or other matters as required under
applicable laws.
(d) Appeals.--In the event any agency has denied a Federal
authorization required for a refinery facility within a Refinery
Revitalization Zone, or has failed to act by the deadline established
by the Secretary pursuant to this section for deciding whether to issue
the authorization, the applicant or any State in which the facility
would be located may file an appeal with the Secretary. Based on the
overall record and in consultation with the affected agency, the
Secretary may then either issue the necessary authorization with
appropriate conditions, or deny the application. The Secretary shall
issue a decision within 60 days after the filing of the appeal. In
making a decision under this subsection, the Secretary shall comply
with applicable requirements of Federal law, including any requirements
of the Clean Air Act, the Federal Water Pollution Control Act, the Safe
Drinking Water Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Solid Waste Disposal Act,
the Toxic Substances Control Act, the National Historic Preservation
Act, and the National Environmental Policy Act of 1969. Any judicial
appeal of the Secretary's decision shall be to the United States Court
of Appeals for the District of Columbia.
(e) Conforming Regulations and Memoranda of Understanding.--Not
later than 6 months after the date of enactment of this Act, the
Secretary of Energy shall issue any regulations necessary to implement
this section. Not later than 6 months after the date of enactment of
this Act, the Secretary and the heads of all Federal agencies with
authority to issue Federal authorizations shall enter into Memoranda of
Understanding to ensure the timely and coordinated review and
permitting of refinery facilities within a Refinery Revitalization
Zone. The head of each Federal agency with authority to issue a Federal
authorization shall designate a senior official responsible for, and
dedicate sufficient other staff and resources to ensure, full
implementation of the Department of Energy regulations and any
Memoranda under this subsection. Interested Indian Tribes and State and
local agencies may enter such Memoranda of Understanding.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Federal authorization'' means any
authorization required under Federal law (including the Clean
Air Act, the Federal Water Pollution Control Act, the Safe
Drinking Water Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Solid Waste
Disposal Act, the Toxic Substances Control Act, the National
Historic Preservation Act, and the National Environmental
Policy Act of 1969) in order to site, construct, upgrade, or
operate a refinery facility within a Refinery Revitalization
Zone, including such permits, special use authorizations,
certifications, opinions, or other approvals as may be
required, whether issued by a Federal, State or local agency;
(2) the term ``idle refinery'' means any intact refinery
facility that has not been in operation after June 1, 2004; and
(3) the term ``refinery facility'' means any facility
designed and operated to refine raw crude oil into gasoline,
heating oil, diesel fuel, or jet fuel by any chemical or
physical process, including distillation, fluid catalytic
cracking, hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof.
Passed the House of Representatives June 16, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | United States Refinery Revitalization Act of 2004 - (Sec. 3) Directs the Secretary of Energy to designate as a Refinery Revitalization Zone any area that: (1) has experienced mass layoffs at manufacturing facilities or contains an idle refinery; and (2) has an unemployment rate of at least 20 percent above the national average, as set forth at the time of designation as a Refinery Revitalization Zone.
(Sec. 5) Designates the Department of Energy (DOE) as Lead Agency for coordinating Federal authorizations and related environmental reviews of the facility upon request of an applicant for a Federal authorization related to the siting and operation of a refinery facility within a Refinery Revitalization Zone.
Instructs the Secretary to coordinate the Federal authorization and review process with any Indian Tribes and State and local agencies responsible for conducting any separate permitting and environmental reviews of the facility.
Directs DOE, as lead agency, to prepare a single environmental review document to be used as the basis for all decisions on the proposed project.
Sets forth an appeals process in the event the Federal authorization required for a refinery facility within a Refinery Revitalization Zone has been either denied, or an agency has failed to act by the deadline established by the Secretary.
Directs the Secretary and the appropriate heads of Federal agencies to enter into Memoranda of Understanding to ensure timely, coordinated review and permitting of refinery facilities within a Refinery Revitalization Zone.
Permits interested Indian Tribes and State and local agencies to enter into such Memoranda as well. | {"src": "billsum_train", "title": "To provide incentives to increase refinery capacity in the United States."} | 2,081 | 347 | 0.446984 | 1.436073 | 0.680861 | 4.933798 | 6.783972 | 0.961672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Nutritious Meals for Young
Children Act of 2009''.
TITLE I--INCREASING ACCESS TO NUTRITIOUS MEALS
SEC. 101. CHILD AND ADULT CARE FOOD PROGRAM.
(a) National Average Payment.--
(1) Lunches and suppers.--Section 17(c) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(c)) is
amended--
(A) in paragraph (1), by striking ``the same as the
national average payment rates for free lunches,
reduced price lunches, and paid lunches, respectively,
under sections 4 and 11 of this Act as appropriate''
and inserting ``$2.88 for free lunches and suppers,
$2.48 for reduced price lunches and suppers, and 45
cents for paid lunches and suppers'';
(B) in paragraph (2), by striking ``the same as the
national average payment rates for free breakfasts,
reduced price breakfasts, and paid breakfasts,
respectively, under section 4(b) of the Child Nutrition
Act of 1966'' and inserting ``$1.66 for free
breakfasts, $1.36 for reduced price breakfasts, and 46
cents for paid breakfasts''; and
(C) in paragraph (3)--
(i) by striking ``30 cents'' and inserting
``84 cents'';
(ii) by striking ``one-half the rate for
free supplements'' and inserting ``47 cents'';
and
(iii) by striking ``2.75 cents'' cents and
inserting ``16 cents''.
(b) A Third Meal Option.--Section 17(f)(2)(B) of the Richard B.
Russell School Lunch Act (42 U.S.C. 1766(f)(2)(B)) is amended--
(1) by striking ``two meals'' and inserting ``3 meals'';
(2) by striking ``2 meals'' and inserting ``3 meals''; and
(3) by striking ``, for children that are maintained in a
child care setting for eight or more hours per day''.
(c) Reimbursement of Family or Group Day Care Home Sponsoring
Organizations.--Section 17(f)(3) of the Richard B. Russell School Lunch
Act (42 U.S.C. 1766(f)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I), by striking ``50
percent'' each place it appears in items (aa)
and (bb) and inserting ``40 percent''; and
(ii) in subclause (III), by striking ``the
factors in effect on July 1, 1996'' and
inserting ``$2.41 for lunches and suppers,
$1.39 for breakfasts, and 76 cents for
supplements''; and
(B) in clause (iii)(I)--
(i) in item (aa), by striking ``95 cents
for lunches and suppers, 27 cents for
breakfasts, and 13 cents for supplements'' and
inserting ``$1.53 for lunches and suppers, 64
cents for breakfasts, and 28 cents for
supplements''; and
(ii) in item (bb), by striking ``July 1,
1997'' and inserting ``July 1, 2010''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Nutrition services and administrative
funds.--
``(i) In general.--Effective July 1, 2010
and in addition to the annual cost of living
adjustment described in clause (iii), the
Secretary shall raise the maximum allowable
levels of the family or group day care home
sponsoring organization monthly administrative
reimbursement by $5 per home.
``(ii) Administration expenses.--In
addition to the reimbursement described in
clause (i), family or group day care home
sponsoring organizations shall receive
reimbursement for the administrative expenses
of the family or group day care home sponsoring
organizations in amounts not exceeding the
maximum allowable levels prescribed by the
Secretary.
``(iii) Adjustment.--The maximum allowable
levels described in this subparagraph shall be
adjusted on July 1 of each year to reflect
changes in the Consumer Price Index for all
items for the most recent 12-month period for
which such data are available with the
exception of any year for which application of
the Consumer Price Index would result in a
decrease in reimbursement rates.''.
TITLE II--STREAMLINING AND SIMPLIFICATION OF PROGRAM AND PAPERWORK
REQUIREMENTS
SEC. 201. STREAMLINING AND SIMPLIFICATION OF PROGRAM AND PAPERWORK
REQUIREMENTS.
Section 17 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1766) is amended by adding at the end the following:
``(u) Streamlining and Simplification of Program and Paperwork
Requirements.--The Secretary shall improve the ability of the child and
adult care food program to reach low-income families by streamlining
program and paperwork requirements, including requirements for States,
sponsoring organizations, child care providers, and parents.''. | Access to Nutritious Meals for Young Children Act of 2009 - Amends the the Richard B. Russell National School Lunch Act to increase reimbursement rates for free, reduced price, and paid meals and snacks served under the Child and Adult Care Food Program (CACFP) at nonresidential child care centers and family or group day care homes.
Allows such providers to be reimbursed for the service of three meals and a snack. (Currently, reimbursement is provided for two meals and a snack.)
Lowers the percentage of children or school children in an area that must be eligible for free or reduced price meals under the school lunch or breakfast programs to make family or group day care homes in the area eligible for higher CACFP reimbursement rates as tier I homes.
Increases the maximum monthly administrative payment per home provided to sponsors of family or group day care homes.
Directs the Secretary of Agriculture to improve the ability of the CACFP to reach low-income families by streamlining program and paperwork requirements. | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to improve access to nutritious meals for young children in child care."} | 1,240 | 212 | 0.563249 | 1.309462 | 0.6768 | 2.42328 | 5.380952 | 0.793651 |
SECTION 1. ADMINISTRATOR.
Section 1103 of the Panama Canal Act of 1979 (22 U.S.C. 3613) is
amended--
(1) by adding a new subsection (c) to read as follows:
``(c) Congress consents to the Administrator of the Panama Canal
Commission accepting an appointment by the Government of Panama to the
position of Administrator of the Panama Canal Authority, for which the
consent of Congress is required by the 8th clause of section 9 of
article I of the Constitution of the United States, relating to
acceptance of emolument, office or title from a foreign State, provided
that in his capacity as Administrator of the Panama Canal Authority, he
shall serve without compensation, except for travel and entertainment
expenses, including per diem payments.'';
(2) by adding a new subsection (d) to read as follows:
``(d) An Administrator of the Panama Canal Commission, who is also
appointed by the Government of Panama as the Administrator of the
Panama Canal Authority, shall be exempt from the Foreign Agents
Registration Act of 1938, as amended.''; and
(3) by adding a new subsection (e) to read as follows:
``(e) An Administrator of the Panama Canal Commission, who is also
appointed officially by the Government of Panama as the Administrator
of the Panama Canal Authority, shall be exempt from the restrictions
of--
``(1) sections 203 and 205 of title 18, United States Code,
when officially acting as an agent or attorney of or otherwise
representing the Panama Canal Authority;
``(2) section 207 of title 18, United States Code,
following termination of appointment as Administrator of the
Panama Canal Commission at noon, December 31, 1999, but only
for official actions as an officer of the Panama Canal
Authority;
``(3) section 208 of title 18, United States Code, when
disqualification is required only because of service as an
officer, director, or employee of the Panama Canal Authority
and the arrangement for future employment with the Authority
that arises out of the appointment as Administrator of the
Authority. All other financial interests that are disqualifying
under section 208(a) shall remain disqualifying but eligible
for waiver or exemption under section 208(b); and
``(4) sections 501(a) and 502(a)(4) of title 5, United
States Code, Appendix, for compensation received for, and
service in, the position of the Administrator of the Panama
Canal Authority.''.
SEC. 2. TRANSITION SEPARATION INCENTIVE PAYMENT.
Title I of the Panama Canal Act of 1979 is amended in chapter 2 (22
U.S.C. 3641 et seq.) by adding at the end of subchapter III the
following new section:
``transition separation incentive payment
``Sec. 1233. (a) Notwithstanding section 663 of Public Law 104-208,
the Commission may offer and pay a transition separation incentive to
an employee if, in its sole discretion, the Commission determines such
separation is necessary to the successful transfer of the Canal
enterprise by the United States to the Republic of Panama, as required
by the Panama Canal Treaty of 1977.
``(b) For the purpose of this section, the term `employee' means an
individual serving in the Republic of Panama in a position with the
Commission for a continuous period of at least 3 years under an
appointment without time limitation, who is covered under either the
Civil Service Retirement System (CSRS) or the Federal Employees'
Retirement System (FERS), but does not include--
``(1) a reemployed annuitant under chapter 83 or chapter 84
of title 5, United States Code; or
``(2) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under the applicable retirement system referenced in paragraph
(1).
``(3) an employee who is in receipt of a specific notice of
involuntary separation for misconduct or unacceptable
performance;
``(4) an employee who, upon completing an additional period
of service as referred to in section 3(b)(2)(B)(ii) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597
note), would qualify for a voluntary separation incentive
payment under section 3 of such Act;
``(5) an employee who has previously received any voluntary
separation incentive payment by the Federal Government under
this section or any other authority and has not repaid such
payment; or
``(6) an employee covered by statutory reemployment rights
who is on transfer to another organization.
``(c)(1) Prior to obligating any resources for transition
separation incentive payments, the Commission shall submit to the House
and Senate Committees on Appropriations and the Committee on
Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives a strategic plan
outlining the intended use of such incentive payments.
``(2) The Commission's plan shall include--
``(A) the positions to be affected, identified by
occupational category and grade level;
``(B) the number and amounts of separation incentive
payments to be offered; and
``(C) a description of how such incentive payments will
facilitate the successful transfer of the Panama Canal to the
Republic of Panama.
``(d)(1) A transition separation incentive payment may be paid to
any employee only to the extent necessary to facilitate the successful
transfer of the Panama Canal as identified by the strategic plan.
``(2) A separation incentive payment--
``(A) shall be paid in a lump sum after the employee's
separation;
``(B) shall be paid from the Panama Canal Revolving Fund;
``(C) shall be in an amount determined by the Administrator
not to exceed 50 percent of basic pay;
``(D) may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or
resignation) within 180 days of the date of enactment of this
provision;
``(E) shall not be a basis for payment, and shall not be
included in the computation, of any other type of Government
benefit; and
``(F) shall not be taken into account in determining the
amount of any severance pay to which the employee may be
entitled under section 5595 of title 5, United States Code,
based on any other separation.
``(e) The decision to exercise or forego the authority to offer
payments under this section shall not be subject to challenge under any
statutory procedure or any agency or negotiated grievance procedure.
``(f) Additional Agency Contributions to the Retirement Fund.--
``(1) In general.--In addition to any other payments which
it is required to make under subchapter III of chapter 83 of
title 5, United States Code, an agency shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the final
basic pay of each employee of the agency who is covered under
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code, to whom a transition separation incentive has been
paid under this section.
``(2) Definition.--For the purpose of paragraph (1), the
term `final basic pay', with respect to an employee, means the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
``(g) Effect of Subsequent Employment With the Government.--An
individual who has received a transition separation incentive payment
under this section and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
United States Government through a personal services contract, within 5
years after the date of the separation on which the payment is based
shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the Treasury
of the United States.''.
SEC. 3. PROCUREMENT; BOARD OF CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 is amended by adding a
new chapter 1 to read as follows:
``CHAPTER 1--PROCUREMENT
``procurement system
``Sec. 3101. (a) The Commission shall establish a comprehensive
procurement system by regulation which shall be entitled the Panama
Canal Acquisition Regulation. The regulation shall--
``(1) preserve the fundamental operating principles and
procedures contained in the Federal Acquisition Regulation
while reflecting efficient commercial standards of practice and
preparing the Canal's procurement system for a smooth transfer
to administration by the Government of Panama pursuant to the
Panama Canal Treaty of 1977;
``(2) be the subject of consultation with the Administrator
of the Office of Federal Procurement Policy;
``(3) be supplemented by a regulation containing those
provisions and terms specifically required by United States
laws, which shall include a transitional list of provisions of
law that the Commission determines shall be inapplicable to
itself, which shall not include those laws listed in subsection
(b), below: Provided, That prior to December 31, 1999, nothing
in this Act shall be construed to authorize the waiver of civil
rights, environmental or labor standards laws applicable to
Federal contracts. Such list shall not be effective prior to
July 1, 1998, and shall be effective only through noon on
December 31, 1999, at which time United States management of
the Panama Canal will end; and
``(4) take effect upon publication in the Federal Register,
not later than January 1, 1999.
``(b) subject to section 3102, the Commission shall continue to be
governed by the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613), section 2741(a) of the Deficit Reduction Act of 1984
(`Procurement Protest System'), as amended (31 U.S.C. 3551-3556), and
the Procurement Integrity Act, as amended (41 U.S.C. 423).
``panama canal board of contract appeals
``Sec. 3102. (a) Except as provided elsewhere in this section, a
Panama Canal Board of Contract Appeals shall be established and
appointed by the Secretary of Defense, in consultation with the
Commission in accordance with, and shall function pursuant to, the
provisions of the Contract Disputes Act of 1978.
``(b) The Panama Canal Board of Contract Appeals shall consist of
three full-time members and, in addition to the requirements of 41
U.S.C. 607(b)(1), at least one member of the Panama Canal Board of
Contract Appeals shall be licensed to practice law in the Republic of
Panama. Individuals appointed to the Panama Canal Board of Contract
Appeals shall take an oath of office, the form of which shall be
prescribed by the Secretary of Defense, notwithstanding any other
provision of law.
``(c) Notwithstanding any other provision of law, the Panama Canal
Board of Contract Appeals shall have exclusive jurisdiction to decide
any appeal from a decision of a contracting officer under 41 U.S.C.
607(d).
``(d) Except as provided elsewhere in this section, and
notwithstanding any other provision of law, the Panama Canal Board of
Contract Appeals shall also have exclusive jurisdiction to decide all
protests by interested parties concerning procurement actions in
accordance with the requirements of 31 U.S.C. 3551 through 3555. Its
jurisdiction to decide all such protests shall be exclusive.
Accordingly, for the Panama Canal Commission--
``(1) except as provided elsewhere in this section,
wherever `Comptroller General' appears in 31 U.S.C. 3551
through 3555 it shall refer, instead, to the Panama Canal Board
of Contract Appeals;
``(2) the reference to `Comptroller General' in 31 U.S.C.
3553(d)(3)(C)(ii) shall be, instead, to the Panama Canal Board
of Contract Appeals and the Comptroller General of the United
States;
``(3) add the Comptroller General of the United States to
the first sentence of 31 U.S.C. 3554(e)(1) after `House of
Representatives';
``(4) add the Comptroller General of the United States to
the first sentence of 31 U.S.C. 3554(e)(2) after `Congress';
and
``(5) none of the provisions of 31 U.S.C. 3556 shall apply
to the Commission except nothing in this section shall affect
the right of any interested party to file a protest with the
cognizant contracting officer.
``(e) The Panama Canal Board of Contract Appeals shall, in
accordance with the provisions of this section, prescribe such written
procedures as may be necessary for the expeditious decision of appeals
and protests under subsections (c) and (d).
``(f) The Panama Canal Board of Contract Appeals shall begin to
function as soon as it has been constituted and has issued the
procedures referred to in subsection (e), but not later than January 1,
1999.
``(g) The provisions of subsection (c) shall apply to all appeals
for which no valid notice of appeal, and the provisions of subsection
(d) shall apply to all protests for which no valid protest, was filed
prior to the date the Panama Canal Board of Contract Appeals begins to
function. Appeals and protests filed before said date shall remain
before the forum in which they were filed.
``(h) The Panama Canal Board of Contract Appeals may perform
functions similar to those described in this section for such other
matters or activities of the Commission as the Commission may determine
and in accordance with its regulations.''.
SEC. 4. EXPEDITED IMPASSE PROCEDURES.
(a) Section 1271(a) of the Panama Canal Act of 1979 is amended by
adding at the end the following:
``(4) in the event bargaining efforts do not result in an
agreement and the services of the Federal Mediation and
Conciliation Service or the Federal Service Impasses Panel are
requested--
``(A) the Federal Mediation and Conciliation
Service shall conclude its efforts within 30 calendar
days of the date its assistance begins, or within such
time as the parties may mutually agree; and
``(B) the Federal Service Impasses Panel shall be
required to decide an impasse within 90 calendar days
of the date its services are requested, or within such
time as the parties may mutually agree. The failure of
the FSIP to issue a decision within 90 days, or the
mutually agreed time limit, shall not affect any
obligation to maintain the status quo, except as
permitted under a collective bargaining agreement or
chapter 71 of title 5, United States Code.''.
(b) Retroactivity.--Paragraph (4) shall apply to all matters that
are or become subjects of collective bargaining on or after the
effective date of this Act. | Amends the Panama Canal Act of 1979 to consent to the Administrator of the Panama Canal Commission accepting an appointment by the Government of Panama to the position of Administrator of the Panama Canal Authority, for which congressional consent is required under the Constitution. Requires as a term of such consent that such Administrator serve without compensation (except for travel and entertainment expenses). Exempts such Administrator from: (1) the Foreign Agents Registration Act of 1938; and (2) certain Federal conflict-of-interest provisions.
Authorizes the Commission to offer and pay a transition separation incentive to a Commission employee if the Commission determines that such separation is necessary to the successful transfer of the Canal system from the United States to Panama. Requires the Commission, prior to obligating resources for such incentives, to submit to specified congressional committees a strategic plan outlining the intended use of such payments. Requires additional payments to the Civil Service Retirement and Disability Fund to cover early retirement expenses of such employees not currently provided for. Requires incentive payment forfeiture in the event of subsequent Government employment within five years of such payment.
Directs the Commission to establish a comprehensive procurement system to be entitled the Panama Canal Acquisition Regulation, which shall mirror the principles of the Federal Acquisition Regulation and effect a smooth transfer of Canal administration from the United States to Panama. Requires such Regulation to take effect no later than January 1, 1999.
Requires the establishment of a Panama Canal Board of Contract Appeals to decide: (1) any appeal from a decision of a contracting officer; and (2) all protests concerning procurement actions. Requires such Board to begin its functions no later than January 1, 1999.
Provides expedited resolution procedures to be followed by the Federal Mediation and Conciliation Service and the Federal Service Impasses Panel with respect to Commission labor-management and employee relations. | {"src": "billsum_train", "title": "To amend the Panama Canal Act of 1979, and for other purposes."} | 3,257 | 391 | 0.526441 | 1.7906 | 0.789043 | 3.424581 | 8.639665 | 0.899441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Lands Open Dump Cleanup Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are at least 600 open dumps on Indian and Alaska
Native lands;
(2) these dumps threaten the health and safety of residents of
Indian and Alaska Native lands and contiguous areas;
(3) many of these dumps were established or are used by Federal
agencies such as the Bureau of Indian Affairs and the Indian Health
Service;
(4) these dumps threaten the environment;
(5) the United States holds most Indian lands in trust for the
benefit of Indian tribes and Indian individuals; and
(6) most Indian tribal governments and Alaska Native entities
lack the financial and technical resources necessary to close and
maintain these dumps in compliance with applicable Federal laws.
(b) Purposes.--The purposes of this Act are to--
(1) identify the location of open dumps on Indian lands and
Alaska Native lands;
(2) assess the relative health and environmental hazards posed
by such dumps; and
(3) provide financial and technical assistance to Indian tribal
governments and Alaska Native entities, either directly or by
contract, to close such dumps in compliance with applicable Federal
standards and regulations, or standards promulgated by an Indian
tribal government or Alaska Native entity, if such standards are
more stringent than the Federal standards.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Closure or close.--The term ``closure or close'' means the
termination of operations at open dumps on Indian land or Alaska
Native land and bringing such dumps into compliance with applicable
Federal standards and regulations, or standards promulgated by an
Indian tribal government or Alaska Native entity, if such standards
are more stringent than the Federal standards and regulations.
(2) Director.--The term ``Director'' means the Director of the
Indian Health Service.
(3) Indian land.--The term ``Indian land'' means--
(A) land within the limits of any Indian reservation under
the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including
rights-of-way running through the reservation;
(B) dependent Indian communities within the borders of the
United States whether within the original or subsequently
acquired territory thereof, and whether within or without the
limits of a State; and
(C) Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through such
allotments.
(4) Alaska native land.--The term ``Alaska Native land'' means
(A) land conveyed or to be conveyed pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1600 et seq.), including any land
reconveyed under section 14(c)(3) of that Act (43 U.S.C.
1613(c)(3)), and (B) land conveyed pursuant to the Act of November
2, 1966 (16 U.S.C. 1151 et seq.; commonly known as the ``Fur Seal
Act of 1966'').
(5) Indian tribal government.--The term ``Indian tribal
government'' means the governing body of any Indian tribe, band,
nation, pueblo, or other organized group or community which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
(6) Alaska native entity.--The term ``Alaska Native entity''
includes native corporations established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1600 et seq.) and any
Alaska Native village or municipal entity which owns Alaska Native
land.
(7) Open dump.--The term ``open dump'' means any facility or
site where solid waste is disposed of which is not a sanitary
landfill which meets the criteria promulgated under section 6944 of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and which is
not a facility for disposal of hazardous waste.
(8) Postclosure maintenance.--The term ``postclosure
maintenance'' means any activity undertaken at a closed solid waste
management facility on Indian land or on Alaska Native land to
maintain the integrity of containment features, monitor compliance
with applicable performance standards, or remedy any situation or
occurrence that violates regulations promulgated pursuant to
subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et
seq.).
(9) Service.--The term ``Service'' means the Indian Health
Service.
(10) Solid waste.--The term ``solid waste'' has the meaning
provided that term by section 1004(27) of the Solid Waste Disposal
Act (42 U.S.C. 6903) and any regulations promulgated thereunder.
SEC. 4. INVENTORY OF OPEN DUMPS.
(a) Study and Inventory.--Not later than 12 months after the date
of enactment of this Act, the Director shall conduct a study and
inventory of open dumps on Indian lands and Alaska Native lands. The
inventory shall list the geographic location of all open dumps, an
evaluation of the contents of each dump, and an assessment of the
relative severity of the threat to public health and the environment
posed by each dump. Such assessment shall be carried out cooperatively
with the Administrator of the Environmental Protection Agency. The
Director shall obtain the concurrence of the Administrator in the
determination of relative severity made by any such assessment.
(b) Annual Reports.--Upon completion of the study and inventory
under subsection (a), the Director shall report to the Congress, and
update such report annually--
(1) the current priority of Indian and Alaska Native solid
waste deficiencies,
(2) the methodology of determining the priority listing,
(3) the level of funding needed to effectively close or bring
into compliance all open dumps on Indian lands or Alaska Native
lands, and
(4) the progress made in addressing Indian and Alaska Native
solid waste deficiencies.
(c) 10-Year Plan.--The Director shall develop and begin
implementation of a 10-year plan to address solid waste disposal needs
on Indian lands and Alaska Native lands. This 10-year plan shall
identify--
(1) the level of funding needed to effectively close or bring
into compliance with applicable Federal standards any open dumps
located on Indian lands and Alaska Native lands; and
(2) the level of funding needed to develop comprehensive solid
waste management plans for every Indian tribal government and
Alaska Native entity.
SEC. 5. AUTHORITY OF THE DIRECTOR OF THE INDIAN HEALTH SERVICE.
(a) Reservation Inventory.--(1) Upon request by an Indian tribal
government or Alaska Native entity, the Director shall--
(A) conduct an inventory and evaluation of the contents of open
dumps on the Indian lands or Alaska Native lands which are subject
to the authority of the Indian tribal government or Alaska Native
entity;
(B) determine the relative severity of the threat to public
health and the environment posed by each dump based on information
available to the Director and the Indian tribal government or
Alaska Native entity unless the Director, in consultation with the
Indian tribal government or Alaska Native entity, determines that
additional actions such as soil testing or water monitoring would
be appropriate in the circumstances; and
(C) develop cost estimates for the closure and postclosure
maintenance of such dumps.
(2) The inventory and evaluation authorized under paragraph (1)(A)
shall be carried out cooperatively with the Administrator of the
Environmental Protection Agency. The Director shall obtain the
concurrence of the Administrator in the determination of relative
severity made under paragraph (1)(B).
(b) Assistance.--Upon completion of the activities required to be
performed pursuant to subsection (a), the Director shall, subject to
subsection (c), provide financial and technical assistance to the
Indian tribal government or Alaska Native entity to carry out the
activities necessary to--
(1) close such dumps; and
(2) provide for postclosure maintenance of such dumps.
(c) Conditions.--All assistance provided pursuant to subsection (b)
shall be made available on a site-specific basis in accordance with
priorities developed by the Director. Priorities on specific Indian
lands or Alaska Native lands shall be developed in consultation with
the Indian tribal government or Alaska Native entity. The priorities
shall take into account the relative severity of the threat to public
health and the environment posed by each open dump and the availability
of funds necessary for closure and postclosure maintenance.
SEC. 6. CONTRACT AUTHORITY.
(a) Authority of Director.--To the maximum extent feasible, the
Director shall carry out duties under this Act through contracts,
compacts, or memoranda of agreement with Indian tribal governments or
Alaska Native entities pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.), section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), or section 302 of the Indian
Health Care Improvement Act (25 U.S.C. 1632).
(b) Cooperative Agreements.--The Director is authorized, for
purposes of carrying out the duties of the Director under this Act, to
contract with or enter into such cooperative agreements with such other
Federal agencies as is considered necessary to provide cost-sharing for
closure and postclosure activities, to obtain necessary technical and
financial assistance and expertise, and for such other purposes as the
Director considers necessary.
SEC. 7. TRIBAL DEMONSTRATION PROJECT.
(a) In General.--The Director may establish and carry out a program
providing for demonstration projects involving open dumps on Indian
land or Alaska Native land. It shall be the purpose of such projects to
determine if there are unique cost factors involved in the cleanup and
maintenance of open dumps on such land, and the extent to which
advanced closure planning is necessary. Under the program, the Director
is authorized to select no less than three Indian tribal governments or
Alaska Native entities to participate in such demonstration projects.
(b) Criteria.--Criteria established by the Director for the
selection and participation of an Indian tribal government or Alaska
Native entity in the demonstration project shall provide that in order
to be eligible to participate, an Indian tribal government or Alaska
Native entity must--
(1) have one or more existing open dumps on Indian lands or
Alaska Native lands which are under its authority;
(2) have developed a comprehensive solid waste management plan
for such lands; and
(3) have developed a closure and postclosure maintenance plan
for each dump located on such lands.
(c) Duration of Funding for a Project.--No demonstration project
shall be funded for more than three fiscal years.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out this Act.
(b) Coordination.--The activities required to be performed by the
Director under this Act shall be coordinated with activities related to
solid waste and sanitation facilities funded pursuant to other
authorizations.
SEC. 9. DISCLAIMERS.
(a) Authority of Director.--Nothing in this Act shall be construed
to alter, diminish, repeal, or supersede any authority conferred on the
Director pursuant to section 302 of the Indian Health Care Improvement
Act (25 U.S.C. 1632), and section 7 of the Act of August 5, 1954 (42
U.S.C. 2004a).
(b) Exempted Lands and Facilities.--This Act shall not apply to
open dump sites on Indian lands or Alaska Native lands--
(1) that comprise an area of one-half acre or less and that are
used by individual families on lands to which they hold legal or
beneficial title;
(2) of any size that have been or are being operated for a
profit; or
(3) where solid waste from an industrial process is being or
has been routinely disposed of at a privately owned facility in
compliance with applicable Federal laws.
(c) Rules of Construction.--(1) Nothing in this Act shall be
construed to amend or modify the authority or responsibility of the
Administrator of the Environmental Protection Agency under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) Nothing in this Act is intended to amend, repeal, or supersede
any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Lands Open Dump Cleanup Act of 1994 - Requires the Director of the Indian Health Service to: (1) study and inventory open dumps on Indian and Alaska Native lands; and (2) develop and implement a ten-year plan to address solid waste disposal needs on such lands.
Requires the Director, upon request, to evaluate the health threat of open dumps and provide financial and technical assistance to tribal and Alaska Native entities to close such dumps and provide postclosure maintenance.
Authorizes the Director to carry out at least three tribal or Alaska Native dump closure demonstration projects.
Authorizes appropriations. | {"src": "billsum_train", "title": "Indian Lands Open Dump Cleanup Act of 1994"} | 2,772 | 135 | 0.665295 | 1.729597 | 0.636469 | 3.683761 | 21.547009 | 0.931624 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Fairness
in Reimbursement Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fairness in payments under the Medicare+Choice program.
Sec. 3. New hospital wage survey.
Sec. 4. Reduction in proportion of payments subject to wage-related
geographic adjustments.
Sec. 5. Permanently removing application of budget neutrality under the
Medicaid+Choice program beginning in 2002.
Sec. 6. Allowing movement to 50:50 percent blend in 2002.
Sec. 7. MedPAC review of impact of wage and other cost adjustments.
SEC. 2. FAIRNESS IN PAYMENTS UNDER THE MEDICARE+CHOICE PROGRAM.
Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c))
is amended--
(1) in paragraph (1), by striking ``and (7)'' and inserting
``, (7), and (8)'';
(2) in paragraph (4), by striking ``paragraph (1)(A)'' and
inserting ``paragraphs (1)(A) and (8)''; and
(3) by adding at the end the following new paragraph:
``(8) Fairness in payments.--The annual Medicare+Choice
capitation rate for a Medicare+Choice payment area for--
``(A) 2002, shall not exceed 150 percent (or be
less than 82 percent) of the input-price-adjusted
annual national Medicare+Choice capitation rate (as
computed under paragraph (4)) for the year;
``(B) 2003, shall not exceed 140 percent (or be
less than 86 percent) of the input-price-adjusted
annual national Medicare+Choice capitation rate for the
year;
``(C) 2004, shall not exceed 130 percent (or be
less than 90 percent) of the input-price-adjusted
annual national Medicare+Choice capitation rate for the
year;
``(D) 2005, shall not exceed 120 percent (or be
less than 94 percent) of the input-price-adjusted
annual national Medicare+Choice capitation rate for the
year;
``(E) 2006, shall not exceed 110 percent (or be
less than 98 percent) of the input-price-adjusted
annual national Medicare+Choice capitation rate for the
year; or
``(F) 2007 or any subsequent year, shall be equal
to the input-price-adjusted annual national
Medicare+Choice capitation rate for the year.''.
SEC. 3. NEW HOSPITAL WAGE SURVEY.
(a) In General.--The Secretary of Health and Human Services shall
promptly conduct a new survey of levels of wages and wage-related costs
for different occupational categories of hospital employees.
(b) Application to Hospital Wage Index.--The Secretary shall use
the data derived from the survey conducted under subsection (a) in
computing the hospital wage index applied under section 1886(d)(3)(E)
of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) for discharges
occurring on or after October 1, 2001.
SEC. 4. REDUCTION IN PROPORTION OF PAYMENTS SUBJECT TO WAGE-RELATED
GEOGRAPHIC ADJUSTMENTS.
(a) In General.--Notwithstanding any other provision of law, in
applying any wage-related geographic area adjustment (as defined in
subsection (b)) to a portion of a payment amount or rate under title
XVIII of the Social Security Act, the portion to which the adjustment
is applied shall be 75 percent of the portion otherwise computed and 25
percent of such portion shall not be subject to any such geographic
area adjustment.
(b) Wage-Related Geographic Area Adjustment Defined.--For purposes
of this section, the term ``wage-related geographic area adjustment''
means an adjustment in a payment rate by geographic area that is based
on a geographic variation in wages or wage-related costs or similar
costs.
(c) Specific Application.--Subsection (a) applies to geographic
adjustments made under the following provisions of law (as well as
other provisions identified by the Secretary of Health and Human
Services):
(1) Inpatient hospital wage indices.--The area wage
adjustment made for inpatient hospital services under section
1886(d)(3)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(3)(E)) and under section 1886(b)(3)(H)(iii) of such
Act (42 U.S.C. 1395ww(b)(3)(H)(iii)).
(2) Outpatient hospital services.--The wage adjustment
factors under section 1833(t)(2)(D) of such Act (42 U.S.C.
1395l(t)(2)(D)).
(3) Home health services.--The area wage adjustment under
section 1895(b)(4)(A)(ii) of such Act (42 U.S.C.
1395fff(b)(4)(A)(ii)).
(4) Routine costs of skilled nursing services.--The wage
cost adjustment under section 1888(e)(4)(G)(ii) of such Act (42
U.S.C. 1395yy(e)(4)(G)(ii)).
(5) Physicians' services.--The geographic physician work
adjustment factor under section 1848(e)(5) of such Act (42
U.S.C. 1395w-4(e)(5)).
(6) Medicare+choice input-price-adjusted annual national
medicare+choice capitation rates.--The relative input prices
relating to wages and wage-related expenses for input-price-
adjusted annual national Medicare+Choice capitation rates under
section 1853(c)(4)(A)(iii) of such Act (42 U.S.C. 1395w-
23(c)(4)(A)(iii)).
(7) Clinical laboratory services.--The wage adjustment
under section 1833(h)(4)(A) of such Act (42 U.S.C.
1395l(h)(4)(A)).
(c) Effective Date.--Subsection (a) first applies in the case of
items and services for which payment adjustments under title XVIII of
the Social Security Act are updated on a--
(1) fiscal year basis, to the update made for fiscal year
2002; or
(2) calendar year basis, to the update made for 2002.
SEC. 5. PERMANENTLY REMOVING APPLICATION OF
BUDGET NEUTRALITY UNDER THE MEDICAID+CHOICE PROGRAM
BEGINNING IN 2002.
Section 1853(c) of the Social Security Act (42 U.S.C. 1395w-23(c))
is amended--
(1) in paragraph (1)(A), in the matter following clause
(ii), by inserting ``(for years before 2002)'' after
``multiplied''; and
(2) in paragraph (5), by inserting ``(before 2002)'' after
``for each year''.
SEC. 6. ALLOWING MOVEMENT TO 50:50 PERCENT BLEND IN 2002.
Section 1853(c)(2) of the Social Security Act (42 U.S.C. 1395w-
23(c)(2)) is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(2) by adding after and below subparagraph (F) the
following:
``except that a Medicare+Choice organization may elect to apply
subparagraph (F) (rather than subparagraph (E)) for 2002.''.
SEC. 7. MEDPAC REVIEW OF IMPACT OF WAGE AND OTHER COST ADJUSTMENTS.
(a) In General.--Section 1805(b)(2)(B) of the Social Security Act
(42 U.S.C. 1395b-6(b)(2)(B)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iv) the extent to which the adjustments
made (through wage indices and other measures)
in payment rates on a geographic basis for
variations in costs accurately reflect the
actual costs of items and services in low
reimbursement areas and the impact of such
adjustments on the health infrastructure in
such areas.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act and the Medicare
Payment Advisory Commission shall first report on the review conducted
pursuant to such amendments in its report submitting in June 2001. | Directs the Secretary of Health and Human Services to promptly conduct a new survey of levels of wages and wage-related costs for different occupational categories of hospital employees and to use the survey data in computing a certain hospital wage index for discharges occurring on or after October 1, 2001.
Provides that, in applying any wage-related geographic area adjustment to a portion of a payment amount or rate under Medicare, the portion to which the adjustment is applied shall be 75 percent of the portion otherwise computed, and 25 percent of such portion shall not be subject to any such geographic area adjustment. Applies such provision to geographic adjustments made under specified Medicare provisions, including those with regard to home health and clinical laboratory services.
Amends part C (Medicare+Choice) of title XVIII to permanently remove application of the budget neutrality factor under the Medicare+Choice program beginning in 2002.
Allows a Medicare+Choice organization to elect to apply an area-specific percentage of 50 percent and a national percentage of 50 percent for 2002 rather than the rate currently applicable for that year in determining the blended capitation rate used in determining the calculation of annual Medicare+Choice capitation rates.
Amends SSA title XVIII to require the Medicare Payment Advisory Commission to review the extent to which the adjustments made in payment rates on a geographical basis for variations in costs accurately reflect the actual costs of items and services in low reimbursement areas and the impact of such adjustments on the health infrastructure in such areas. | {"src": "billsum_train", "title": "Medicare Fairness in Reimbursement Act of 2000"} | 2,071 | 319 | 0.571377 | 1.813771 | 0.709489 | 4.800725 | 5.731884 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Tax Cut Act of 2011''.
TITLE I--PAYROLL TAX RELIEF
SEC. 101. TEMPORARY PAYROLL TAX CUT FOR EMPLOYERS, EMPLOYEES AND THE
SELF-EMPLOYED.
(a) Wages.--Notwithstanding any other provision of law--
(1) with respect to remuneration received during the
payroll tax holiday period, the rate of tax under 3101(a) of
the Internal Revenue Code of 1986 shall be 3.1 percent
(including for purposes of determining the applicable
percentage under sections 3201(a) and 3211(a) of such Code),
and
(2) with respect to remuneration paid during the payroll
tax holiday period, the rate of tax under 3111(a) of such Code
shall be 3.1 percent (including for purposes of determining the
applicable percentage under sections 3221(a) and 3211(a) of
such Code).
(3) Subsection (a)(2) shall only apply to--
(A) employees performing services in a trade or
business of a qualified employer, or
(B) in the case of a qualified employer exempt from
tax under section 501(a), in furtherance of the
activities related to the purpose or function
constituting the basis of the employer's exemption
under section 501.
(4) Subsection (a)(2) shall apply only to the first $5
million of remuneration or compensation paid by a qualified
employer subject to section 3111(a) or a corresponding amount
of compensation subject to 3221(a).
(b) Self-Employment Taxes.--
(1) In general.--Notwithstanding any other provision of
law, with respect to any taxable year which begins in the
payroll tax holiday period, the rate of tax under section
1401(a) of the Internal Revenue Code of 1986 shall be--
(A) 6.2 percent on the portion of net earnings from
self-employment subject to 1401(a) during the payroll
tax period that does not exceed the amount of the
excess of $5 million over total remuneration, if any,
subject to section 3111(a) paid during the payroll tax
holiday period to employees of the self-employed
person, and
(B) 9.3 percent for any portion of net earnings
from self-employment not subject to subsection
(b)(1)(A).
(2) Coordination with deductions for employment taxes.--For
purposes of the Internal Revenue Code of 1986, in the case of
any taxable year which begins in the payroll tax holiday
period--
(A) Deduction in computing net earnings from self-
employment.--The deduction allowed under section
1402(a)(12) of such Code shall be the sum of (i) 4.55
percent times the amount of the taxpayer's net earnings
from self-employment for the taxable year subject to
paragraph (b)(1)(A) of this section, plus (ii) 7.65
percent of the taxpayer's net earnings from self-
employment in excess of that amount.
(B) Individual deduction.--The deduction under
section 164(f) of such Code shall be equal to the sum
of (i) one-half of the taxes imposed by section 1401
(after the application of this section) with respect to
the taxpayer's net earnings from self-employment for
the taxable year subject to paragraph (b)(1)(A) of this
section plus (ii) 62.7 percent of the taxes imposed by
section 1401 (after the application of this section)
with respect to the excess.
(c) Regulatory Authority.--The Secretary may prescribe any such
regulations or other guidance necessary or appropriate to carry out
this section, including the allocation of the excess of $5 million over
total remuneration subject to section 3111(a) paid during the payroll
tax holiday period among related taxpayers treated as a single
qualified employer.
(d) Definitions.--
(1) Payroll tax holiday period.--The term ``payroll tax
holiday period'' means calendar year 2012.
(2) Qualified employer.--For purposes of this paragraph,
(A) In general.--The term ``qualified employer''
means any employer other than the United States, any
State or possession of the United States, or any
political subdivision thereof, or any instrumentality
of the foregoing.
(B) Treatment of employees of post-secondary
educational institutions.--Notwithstanding paragraph
(A), the term ``qualified employer'' includes any
employer which is a public institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965).
(3) Aggregation rules.--For purposes of this subsection
rules similar to sections 414(b), 414(c), 414(m) and 414(o)
shall apply to determine when multiple entities shall be
treated as a single employer, and rules with respect to
predecessor and successor employers may be applied, in such
manner as may be prescribed by the Secretary.
(e) Transfers of Funds.--
(1) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
application of subsections (a) and (b) to employers other than
those described in (e)(2). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(2) Transfers to social security equivalent benefit
account.--There are hereby appropriated to the Social Security
Equivalent Benefit Account established under section 15A(a) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a))
amounts equal to the reduction in revenues to the Treasury by
reason of the application of subsection (a) to employers
subject to the Railroad Retirement Tax. Amounts appropriated by
the preceding sentence shall be transferred from the general
fund at such times and in such manner as to replicate to the
extent possible the transfers which would have occurred to such
Account had such amendments not been enacted.
(f) Coordination With Other Federal Laws.--For purposes of applying
any provision of Federal law other than the provisions of the Internal
Revenue Code of 1986, the rate of tax in effect under section 3101(a)
of such Code shall be determined without regard to the reduction in
such rate under this section.
SEC. 102. TEMPORARY TAX CREDIT FOR INCREASED PAYROLL.
(a) In General.--Notwithstanding any other provision of law, each
qualified employer shall be allowed, with respect to wages for services
performed for such qualified employer, a payroll increase credit
determined as follows:
(1) With respect to the period from October 1, 2011 through
December 31, 2011, 6.2 percent of the excess, if any, (but not
more than $12.5 million of the excess) of the wages subject to
tax under section 3111(a) of the Internal Revenue Code of 1986
for such period over such wages for the corresponding period of
2010.
(2) With respect to the period from January 1, 2012 through
December 31, 2012,
(A) 6.2 percent of the excess, if any, (but not
more than $50 million of the excess) of the wages
subject to tax under section 3111(a) of the Internal
Revenue Code of 1986 for such period over such wages
for calendar year 2011, minus
(B) 3.1 percent of the excess (if any) of--
(i) the lesser of $5,000,000 or such wages
for calendar year 2012, over
(ii) such wages for calendar year 2011.
(3) In the case of a qualified employer for which the wages
subject to tax under section 3111(a) of the Internal Revenue
Code of 1986 (a) were zero for the corresponding period of 2010
referred to in subsection (a)(1), the amount of such wages
shall be deemed to be 80 percent of the amount of wages taken
into account for the period from October 1, 2011 through
December 31, 2011 and (b) were zero for the calendar year 2011
referred to in subsection (a)(2), then the amount of such wages
shall be deemed to be 80 percent of the amount of wages taken
into account for 2012.
(4) This subsection (a) shall only apply with respect to
the wages of employees performing services in a trade or
business of a qualified employer or, in the case of a qualified
employer exempt from tax under section 501(a) of the Internal
Revenue Code of 1986, in furtherance of the activities related
to the purpose or function constituting the basis of the
employer's exemption under section 501.
(b) Qualified Employers.--For purposes of this section--
(1) In general.--The term ``qualified employer'' means any
employer other than the United States, any State or possession
of the United States, or any political subdivision thereof, or
any instrumentality of the foregoing.
(2) Treatment of employees of post-secondary educational
institutions.--Notwithstanding subparagraph (1), the term
``qualified employer'' includes any employer which is a public
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965).
(c) Aggregation Rules.--For purposes of this subsection rules
similar to sections 414(b), 414(c), 414(m) and 414(o) of the Internal
Revenue Code of 1986 shall apply to determine when multiple entities
shall be treated as a single employer, and rules with respect to
predecessor and successor employers may be applied, in such manner as
may be prescribed by the Secretary.
(d) Application of Credits.--The payroll increase credit shall be
treated as a credit allowable under Subtitle C of the Internal Revenue
Code of 1986 under rules prescribed by the Secretary of the Treasury,
provided that the amount so treated for the period described in
subsection (a)(1) or subsection (a)(2) shall not exceed the amount of
tax imposed on the qualified employer under section 3111(a) of such
Code for the relevant period. Any income tax deduction by a qualified
employer for amounts paid under section 3111(a) of such Code or similar
Railroad Retirement Tax provisions shall be reduced by the amounts so
credited.
(e) Transfers to Federal Old-Age and Survivors Insurance Trust
Fund.--There are hereby appropriated to the Federal Old-Age and
Survivors Trust Fund and the Federal Disability Insurance Trust Fund
established under section 201 of the Social Security Act (42 U.S.C.
401) amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by subsection (d). Amounts appropriated
by the preceding sentence shall be transferred from the general fund at
such times and in such manner as to replicate to the extent possible
the transfers which would have occurred to such Trust Fund had such
amendments not been enacted.
(f) Application to Railroad Retirement Taxes.--For purposes of
qualified employers that are employers under section 3231(a) of the
Internal Revenue Code of 1986, subsections (a)(1) and (a)(2) of this
section shall apply by substituting section 3221 for section 3111, and
substituting the term ``compensation'' for ``wages'' as appropriate.
TITLE II--SURTAX ON MILLIONAIRES
SEC. 201. SURTAX ON MILLIONAIRES.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--SURTAX ON MILLIONAIRES
``Sec. 59B. Surtax on millionaires.
``SEC. 59B. SURTAX ON MILLIONAIRES.
``(a) General Rule.--In the case of a taxpayer other than a
corporation for any taxable year beginning after 2012, there is hereby
imposed (in addition to any other tax imposed by this subtitle) a tax
equal to 3.25 percent of so much of the modified adjusted gross income
of the taxpayer for such taxable year as exceeds $1,000,000 ($500,000,
in the case of a married individual filing a separate return).
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2013, each dollar amount under subsection (a)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the next highest multiple of $10,000.
``(c) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income reduced by any deduction (not taken into account in determining
adjusted gross income) allowed for investment interest (as defined in
section 163(d)). In the case of an estate or trust, adjusted gross
income shall be determined as provided in section 67(e).
``(d) Special Rules.--
``(1) Nonresident alien.--In the case of a nonresident
alien individual, only amounts taken into account in connection
with the tax imposed under section 871(b) shall be taken into
account under this section.
``(2) Citizens and residents living abroad.--The dollar
amount in effect under subsection (a) shall be decreased by the
excess of--
``(A) the amounts excluded from the taxpayer's
gross income under section 911, over
``(B) the amounts of any deductions or exclusions
disallowed under section 911(d)(6) with respect to the
amounts described in subparagraph (A).
``(3) Charitable trusts.--Subsection (a) shall not apply to
a trust all the unexpired interests in which are devoted to one
or more of the purposes described in section 170(c)(2)(B).
``(4) Not treated as tax imposed by this chapter for
certain purposes.--The tax imposed under this section shall not
be treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for
purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``part viii. surtax on millionaires.''.
(c) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Middle Class Tax Cut Act of 2011 - Reduces employment tax rates in calendar year 2012 (payroll tax holiday period) for both employers and employees to 3.1%. Limits the reduction for employers to the first $5 million of wages paid by the employer in 2012.
Reduces the tax rate on the first $5 million of net earning of a self-employed taxpayer.
Allows nongovernmental employers a tax credit for payroll increases in the last quarter of 2011 and in 2012.
Appropriates funds to the social security trust funds to compensate for any revenue loss to such funds from the reduction in rates and the tax credit allowed by this Act.
Amends the Internal Revenue Code to impose on individual taxpayers in taxable years beginning after 2012 an additional tax equal to 3.25% of so much of their modified adjusted gross income as exceeds $1 million. Defines "modified adjusted gross income" as adjusted gross income reduced by any deduction allowed for investment interest. Provides for an inflation adjustment to the $1 million threshold amount for taxable years beginning after 2013. | {"src": "billsum_train", "title": "A bill to create jobs by providing payroll tax relief for middle class families and businesses, and for other purposes."} | 3,360 | 216 | 0.452193 | 1.212773 | 0.683905 | 2.08134 | 14.320574 | 0.827751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tax Reform and Reduction
Act of 2000''.
SEC. 2. MORATORIUM AMENDMENT TO THE INTERNET TAX FREEDOM ACT.
(a) Moratorium Amendment.--Section 1101(a) of title XI of division
C of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is
amended to read as follows:
``(a) Moratoria on State and Local Taxes on the Internet.--No State
or political subdivision thereof shall impose any of the following
taxes:
``(1) Taxes on Internet access.
``(2) During the period beginning on October 1, 1998, and
ending on October 21, 2006, multiple or discriminatory taxes on
electronic commerce.
``(3) During the period beginning on the date of the
enactment of the Internet Tax Reform and Reduction Act of 2000
and ending on October 21, 2006, taxes on sales of digitized
goods and products (and their counterparts).''.
(b) Technical Amendments.--Section 1101 of title XI of division C
of Public Law 105-277 (112 Stat. 2681-719; 47 U.S.C. 151 note) is
amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (h) as
subsections (b) through (g), respectively.
(c) Liabilities and Pending Cases.--Nothing in the amendments made
by this section affects--
(1) liability for taxes accrued and enforced before the
date of enactment of this Act; or
(2) ongoing litigation relating to such taxes.
SEC. 3. OTHER AMENDMENTS TO THE TAX FREEDOM ACT.
Title XI of division C of Public Law 105-277 (112 Stat. 2681-719;
47 U.S.C. 151 note) is amended--
(1) by redesignating section 1104 as section 1107; and
(2) by inserting after section 1103 the following:
``SEC. 1104. DETERMINATION OF JURISDICTIONAL NEXUS.
``(a) Collecting Taxes.--The following factors shall not be
sufficient, separately or collectively, to empower a State to impose on
a seller that is not physically present in such State an obligation to
collect a tax payable to such State by a purchaser that is physically
present in such State:
``(1) The use by such seller of an Internet service
provider that is physically present in such State.
``(2) The placement of digital data by such seller on a
server located in such State.
``(3) The use of telecommunications service provided to
such seller by a telecommunications provider that is physically
present in such State.
``(4) The use or presence in such State of intangible
property owned by such seller.
``(5) The presence in such State of persons that purchase
from such seller.
``(6) The affiliation of such seller with a person that is
physically present in such State and that pays any tax imposed
by such State or by a political subdivision of such State.
``(7) The performance of repair or warranty services in
such State by or on behalf of such seller with respect to
property sold by such seller if such seller is not physically
present in such State except to perform such services.
``(8) The existence of a contract between such seller and a
person that is physically present in such State to the extent
that such contract provides for the return to such person of
goods purchased from such seller by means of the Internet or of
a nonelectronic catalog.
``(9) The advertisement of the business location, telephone
number, or Internet address of such seller.
``(b) Payment of Income Taxes.--The following factors shall not be
sufficient, separately or collectively, to empower a State to require a
seller to meet the business activity and income tax reporting and
payment obligations of such State:
``(1) Any of the factors specified in paragraphs (1)
through (9) of subsection (a).
``(2) The registration relating to sales or use taxes in
effect in such State, by such seller with such State.
``(3) The collection or remittance of use taxes by such
seller to such State.
``SEC. 1105. DEVELOPMENT OF UNIFORM SALES AND USE TAX ACT.
``It is the sense of the Congress that, not later than October 21,
2004, States and political subdivisions of States should work
cooperatively with the National Conference of Commissioners on Uniform
State Laws (in this section referred to as the `Conference') to develop
and draft a Uniform Sales and Use Tax Act that--
``(1) reflects a simplified synthesis of the sales and use
tax policies of States and political subdivisions of States,
applicable to sellers described in paragraph (2);
``(2) creates and maintains parity of collection costs (net
of vendor discounts) between--
``(A) sellers that are not physically present in a
State and that sell goods to purchasers that are
physically present in such State; and
``(B) sellers that are physically present in a
State and that sell goods to purchasers that are
physically present in such State; and
``(3) contains, among other matters--
``(A) uniform tax base definitions;
``(B) a uniform vendor discount;
``(C) uniform and simple sourcing rules;
``(D) a single sale and use tax rate per State and
a uniform limitation on any change in such rate;
``(E) uniform audit procedures;
``(F) uniform forms for preparation by sellers to
determine and report the amount of tax payable or
remittable to a State;
``(G) uniform electronic filing and remittance
methods;
``(H) uniform rules for the determination of the
exempt status of sellers, and for the creation,
distribution, and maintenance of a database containing
the identities of sellers that have such status);
``(I) a methodology for approving computer software
that sellers may rely on to determine State sales and
use tax rates; and
``(J) a methodology for maintaining revenue
neutrality in overall sales and use tax collections
within each State (such as reducing the Statewide sales
tax rate) to account for any increase in revenue that
is payable (on a voluntary basis or otherwise) with
respect to sales to purchasers that are physically
present in such State made by sellers that are not
physically present in such State.
``SEC. 1106. ADVISORY COMMISSION ON UNIFORM SALES AND USE TAX.
``(a) Establishment.--There is established the Advisory Commission
on Uniform Sales and Use Tax (in this section referred to as the
`Commission'). The Commission shall--
``(1) be composed of 19 members appointed in accordance
with subsection (b), including the chairperson who shall be
selected by the members of the Commission from among
themselves; and
``(2) conduct its business in accordance with the
provisions of this section.
``(b) Membership.--
``(1) In general.--The Commissioners shall serve for the
life of the Commission. The membership of the Commission shall
be as follows:
``(A) 3 representatives from the Federal
Government, comprised of the Secretary of Commerce, the
Secretary of the Treasury, and the United States Trade
Representative (or their respective delegates).
``(B) 8 representatives from State and local
governments (1 such representative shall be from a
State or local government that does not impose a sales
tax and 1 representative shall be from a State that
does not impose an income tax).
``(C) 8 representatives of the electronic commerce
industry (including small business), telecommunications
carriers, local retail businesses, and consumer groups,
comprised of--
``(i) 3 individuals appointed by the
Majority Leader of the Senate;
``(ii) 1 individual appointed by the
Minority Leader of the Senate;
``(iii) 3 individuals appointed by the
Speaker of the House of Representatives; and
``(iv) 1 individual appointed by the
Minority Leader of the House of
Representatives.
``(2) Appointments.--Appointments to the Commission shall
be made not later than 45 days after the date of the enactment
of the Internet Tax Reform and Reduction Act of 2000. The
chairperson shall be selected not later than 60 days after the
date of the enactment of the Internet Tax Reform and Reduction
Act of 2000.
``(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
``(c) Acceptance of Gifts and Grants.--The Commission may accept,
use, and dispose of gifts or grants of services or property, both real
and personal, for purposes of aiding or facilitating the work of the
Commission. Gifts or grants not used at the expiration of the
Commission shall be returned to the donor or grantor.
``(d) Other Resources.--The Commission shall have reasonable access
to materials, resources, data, and other information from the
Department of Justice, the Department of Commerce, the Department of
State, the Department of the Treasury, and the Office of the United
States Trade Representative. The Commission shall also have reasonable
access to use the facilities of any such Department or Office for
purposes of conducting meetings.
``(e) Sunset.--The Commission shall terminate 60 days after the
Commission submits the report required by subsection (g).
``(f) Rules of the Commission.--
``(1) Quorum.--Nine members of the Commission shall
constitute a quorum for conducting the business of the
Commission.
``(2) Meetings.--Any meetings held by the Commission shall
be duly noticed at least 14 days in advance and shall be open
to the public.
``(3) Opportunities to testify.--The Commission shall
provide opportunities for representatives of the general
public, taxpayer groups, consumer groups, and State and local
government officials to testify.
``(4) Additional rules.--The Commission may adopt other
rules as needed.
``(5) No finding or recommendation shall be included in the
report required by subsection (g) unless agreed to by at least
two-thirds of the members of the Commission serving at the time
the finding or recommendation is made.
``(g) Duties of the Commission.--The duties are--
``(1) to monitor the progress of the Conference in carrying
out the activities described in section 1105; and
``(2) not later than 180 days after the Conference carries
out the activities described in section 1105, submit to the
Congress a report containing the following:
``(A) The findings of the Commission regarding--
``(i) the growth of electronic commerce;
``(ii) the impact of electronic commerce on
traditional retailers; and
``(iii) the impact of sales to purchasers
that are physically present in a State made by
sellers that are not physically present in such
State, on the revenue of States and political
subdivisions of States;
during the 5-year period ending on December 31, 2004.
``(B) An assessment of whether the Uniform Sales
and Use Tax Act drafted by the Conference, as provided
in section 1105, contains the matters described in
section 1105(3).
``(C) An assessment of whether the enactment by
States of such Uniform Sales and Use Tax Act would
result in equal tax collection burdens (net of vendor
discounts)--
``(i) for sellers that are not physically
present in a State and that sell goods to
purchasers that are physically present in such
State; and
``(ii) sellers that are physically present
in a State and that sell goods to purchasers
that are physically present in such State.
``(D) An assessment of whether requiring sellers
that are not physically present in a State to collect
and remit sales and use taxes to any such State that
has not enacted such Uniform Sales and Use Tax Act,
would impose any unreasonable burden on interstate
commerce or would have any other adverse impact on
economic growth and activity through remote electronic
channels.
``(E) A recommendation regarding whether any State
that enacts such Uniform Sales and Use Tax Act should
be permitted by the Congress to collect sales and use
taxes from all sellers that are not physically present
in such State and that sell goods to purchasers that
are physically present in such State.
``(F) Any other recommendations as required to
address the findings of the Commission's report.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Cross Reference in the Trade Act of 1974.--Section 181(d) of
the Trade Act of 1974 (19 U.S.C. 2241(d)) is amended by striking
``section 1104(3)'' and inserting ``1107(3)''.
(b) Other Cross Reference.--Section 1203(c) of division C of Public
Law 105-277 (112 Stat. 2681-727; 19 U.S.C. 2241 note) by striking
``section 1104(3)'' and inserting ``1107(3)''.
SEC. 5. SENSE OF THE CONGRESS REGARDING DEVELOPMENT OF UNIFORM
TELECOMMUNICATIONS STATE AND LOCAL EXCISE TAX ACT.
(a) Development of Uniform Telecommunications State and Local
Excise Tax Act.--It is the sense of the Congress that, not later than
October 21, 2003, States and political subdivisions of States should
work cooperatively with the National Conference of Commissioners on
Uniform State Laws (in this section referred to as the `Conference') to
develop and draft a Uniform Telecommunications State and Local Excise
Tax Act under the terms of which States and political subdivisions of
States may impose on telecommunications only a simplified tax described
in paragraph (1) or (2) of subsection (b).
(b) Simplified Tax.--(1) Except as provided in paragraph (2), the
simplified tax referred to in subsection (a) that may be imposed by a
State shall--
(A) allow only 1 State transaction tax;
(B) require each telecommunications provider to file only 1
tax return per reporting period per State;
(C) allow only 1 audit at the State level;
(D) establish nationwide uniform sourcing rules;
(E) establish nationwide uniform definitions; and
(F) provide for 120 days lead time for implementing tax
base and rate changes.
(2) If, on the effective date of this section, political
subdivisions of a State are authorized by State law to impose a tax on
telecommunications, then the simplified tax referred to in subsection
(a) that may be imposed by such State and such political subdivisions
shall--
(A) allow only 1 State transaction tax;
(B) require each telecommunications provider to file only 1
tax return per reporting period per State;
(C) allow only 1 audit at the State level;
(D) establish nationwide uniform sourcing rules;
(E) establish nationwide uniform definitions;
(F) provides for 120 days lead time for implementing tax
base and rate changes; and
(G) require with respect to such political subdivisions
that--
(i) tax base and exemptions conform to the
simplified tax as imposed by such State;
(ii) a single tax return be filed with the State
tax return and with State distribution of funds;
(iii) a unified audit be conducted at the State
level;
(iv) there be maintained a State-administered
address, jurisdiction, and rate database in a
nationwide uniform format to assign addresses to the
appropriate taxing jurisdiction and to provide the
appropriate rate;
(v) telecommunications providers that rely on such
database be immune to liability to such political
subdivisions for such simplified tax; and
(vi) there be provided a vendor's compensation.
SEC. 6. SENSE OF THE CONGRESS REGARDING ELIMINATION OF EXCESSIVE TAX
BURDEN ON TELECOMMUNICATIONS.
It is the sense of the Congress that States and political
subdivisions of States should eliminate the excessive tax burden on
telecommunications by--
(1) eliminating telecommunications industry-specific and
higher transaction tax rates;
(2) eliminating the excessive tax burdens on
telecommunication real, tangible, and intangible property; and
(3) affording similar tax treatment of telecommunications
infrastructure by States that exempt from sales and use taxes
purchases of certain types of business equipment.
SEC. 7. ENACTMENT BY STATES.
It is the sense of the Congress that States should establish,
jointly, a deadline for--
(1) enacting the Uniform Telecommunications State and Local
Excise Tax Act drafted under section 5; and
(2) removing excess and multiple taxation of
telecommunications.
SEC. 8. PENALTY.
It is the sense of the Congress that Federal requirements against
adverse discrimination by a State in taxation of telecommunications
services, property, or providers in relation to other services,
property, and providers in such State should apply to any State that
fails to enact, before October 21, 2004, the Uniform Telecommunications
State and Local Excise Tax Act drafted under section 5. | Sets forth specified Internet-and telecommunication-related factors that shall not be sufficient to create a jurisdictional tax nexus respecting a seller and purchaser who are not present in the same State.
Expresses the sense of the Congress respecting: (1) development of a Uniform Sales and Use Tax Act; and (2) elimination of the excessive telecommunications tax burden.
Establishes an Advisory Commission on Uniform Sales and Use Tax. | {"src": "billsum_train", "title": "Internet Tax Reform and Reduction Act of 2000"} | 3,814 | 98 | 0.47845 | 1.321351 | 0.37624 | 3.024691 | 44.074074 | 0.901235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parent PLUS Loan Improvement Act of
2016''.
SEC. 2. APPLICABLE RATE OF INTEREST FOR PLUS LOANS.
Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(8)) is amended--
(1) in subparagraph (C), by inserting ``and before July 1,
2016,'' after ``, 2013,''; and
(2) by adding at the end the following:
``(F) Reduced rate for parent plus loans.--
Notwithstanding the preceding paragraphs of this
subsection, for Federal Direct PLUS Loans made on
behalf of a dependent student for which the first
disbursement is made on or after July 1, 2016, the
applicable rate of interest shall be determined under
subparagraph (C) of this paragraph--
``(i) by substituting `3.6 percent' for
`4.6 percent'; and
``(ii) by substituting `9.5 percent' for
`10.5 percent'.''.
SEC. 3. ELIMINATION OF ORIGINATION FEE FOR PARENT PLUS LOANS.
Section 455(c) of the Higher Education Act of 1965 (20 U.S.C.
1087e(c)) is amended by adding at the end the following new paragraph:
``(3) PLUS loans.--With respect to Federal Direct PLUS
loans made on behalf of a dependent student for which the first
disbursement of principal is made on or after July 1, 2016,
paragraph (1) shall be applied by substituting `0.0 percent'
for `4.0 percent'.''.
SEC. 4. COUNSELING FOR PARENT PLUS BORROWERS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Counseling for Parent PLUS Borrowers.--
``(1) In general.--The Secretary, prior to disbursement of
a Federal Direct PLUS loan made on behalf of a dependent
student, shall ensure that the borrower receives comprehensive
information on the terms and conditions of the loan and the
responsibilities the borrower has with respect to such loan.
Such information--
``(A) shall be provided through the use of
interactive programs that use mechanisms to check the
borrower's understanding of the terms and conditions of
the borrower's loan, using simple and understandable
language and clear formatting; and
``(B) shall be provided--
``(i) during a counseling session conducted
in person; or
``(ii) online.
``(2) Information to be provided.--The information to be
provided to the borrower under paragraph (1) shall include the
following:
``(A) Information on how interest accrues and is
capitalized during periods when the interest is not
paid by the borrower.
``(B) An explanation of when loan repayment begins,
of the options available for a borrower who may need a
deferment, and that interest accrues during a
deferment.
``(C) The repayment plans that are available to the
borrower, including personalized information showing--
``(i) estimates of the borrower's
anticipated monthly payments under each
repayment plan that is available; and
``(ii) the difference in interest paid and
total payments under each repayment plan.
``(D) The obligation of the borrower to repay the
full amount of the loan, regardless of whether the
student on whose behalf the loan was made completes the
program in which the student is enrolled.
``(E) The likely consequences of default on the
loan, including adverse credit reports, delinquent debt
collection procedures under Federal law, and
litigation.
``(F) The name and contact information of the
individual the borrower may contact if the borrower has
any questions about the borrower's rights and
responsibilities or the terms and conditions of the
loan.''.
SEC. 5. INCLUSION OF PARENT PLUS LOANS IN INCOME-CONTINGENT AND INCOME-
BASED REPAYMENT PLANS.
(a) Income-Contingent Repayment Plan.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
striking ``, except that the plan described in this subparagraph shall
not be available to the borrower of a Federal Direct PLUS loan made on
behalf of a dependent student;''.
(b) Income-Based Repayment.--
(1) Section 493c.--Section 493C of the Higher Education Act
of 1965 (20 U.S.C. 1098e) is amended--
(A) in subsection (a)--
(i) by striking ``this section'' and all
that follows through ``hardship'' and inserting
``In this section, the term `partial financial
hardship'''; and
(ii) by striking, ``(other than an excepted
PLUS loan or excepted consolidation loan)'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``(other
than an excepted PLUS loan or excepted
consolidation loan)'';
(ii) in paragraph (6)(A), by striking
``(other than an excepted PLUS loan or excepted
consolidation loan)''; and
(iii) in paragraph (7), by striking
``(other than a loan under section 428B or a
Federal Direct PLUS Loan)''; and
(C) in subsection (c), by striking ``(other than an
excepted PLUS loan or excepted consolidation loan),''.
(2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act
(20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except
that the plan described in this subparagraph shall not be
available to the borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to discharge the
liability on such Federal Direct PLUS Loan or a loan under
section 428B made on behalf of a dependent student''.
(c) Application to Regulations.--The Secretary shall ensure that
any Federal Direct PLUS Loan and any loan under section 428B of the
Higher Education Act of 1965 (20 U.S.C. 1078-2) made on behalf of a
dependent student are eligible for any repayment plan available under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or
regulations authorized under such Act (20 U.S.C. 1001 et seq.) | Parent PLUS Loan Improvement Act of 2016 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the applicable terms and conditions with respect to Federal Direct PLUS Loans to parent borrowers (i.e., parent PLUS loans). Specifically, it reduces the interest rate and eliminates the origination fee for a parent PLUS loan disbursed on or after July 1, 2016. The Department of Education must ensure, prior to disbursement, that a parent PLUS loan borrower receives counseling that includes comprehensive information on the terms, conditions, and responsibilities with respect to the loan. The bill makes a parent PLUS loan eligible for the income-contingent and income-based repayment plans. Additionally, it makes a consolidation loan that repays parent PLUS loan eligible for the income-based repayment plan. | {"src": "billsum_train", "title": "Parent PLUS Loan Improvement Act of 2016"} | 1,522 | 177 | 0.651066 | 1.85695 | 0.804558 | 2.614379 | 8.522876 | 0.862745 |
SECTION 1. CREDIT FOR QUALIFIED ENERGY STORAGE AIR CONDITIONER PROPERTY
INSTALLED IN A PRINCIPAL RESIDENCE.
(a) In General.--Subsection (a) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
paragraph (2), by striking the period at the end of paragraph (3) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(4) 30 percent of the qualified energy storage air
conditioner property expenditures made by the taxpayer during
such year.''.
(b) Qualified Energy Storage Air Conditioner Property
Expenditure.--Section 25D(d) of such Code is amended by adding at the
end the following new paragraph:
``(4) Qualified energy storage air conditioner property
expenditure.--The term `qualified energy storage air
conditioner property expenditure' means an expenditure for
qualified energy storage air conditioner property (as defined
in section 48(d)) installed on or in connection with a dwelling
unit located in the United States and used as a principal
residence (within the meaning of section 121) by the
taxpayer.''.
(c) Modification of Maximum Credit.--
(1) In general.--Paragraph (1) of section 25D(b) of such
Code is amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(D) $500 with respect to each half kilowatt of
peak demand reduction (as defined in section 48(d)) of
qualified energy storage air conditioner property (as
defined in section 48(d)) for which qualified energy
storage air conditioner expenditures are made.''.
(2) Conforming amendments.--Subparagraph (A) of section
25D(e)(4) of such Code is amended by striking ``and'' at the
end of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the
following new clause:
``(iv) $1,667 in the case of each half
kilowatt of peak demand reduction (as defined
in section 48(d)) of qualified energy storage
air conditioner property (as defined in section
48(d)) for which qualified energy storage air
conditioner expenditures are made.''.
(d) Extension of Credit.--Subsection (f) of section 25D of such
Code is amended by inserting ``(December 31, 2014, in the case of
qualified energy storage air conditioner property (ad defined in
section 48(d))'' before the period at the end.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 2. BUSINESS CREDIT FOR QUALIFIED ENERGY STORAGE AIR CONDITIONER
PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended by deleting ``or'' at the end
of clause (iii), by inserting ``or'' at the end of clause (iv), and by
inserting clause (iv) the following new clause:
``(v) qualified energy storage air
conditioner property but only with respect to
periods ending before January 1, 2015,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such
Code is amended by striking ``and'' at the end of subclause (II) and by
inserting after subclause (III) the following new subclause:
``(IV) qualified energy storage air
conditioner property, and''.
(c) Qualified Energy Storage Air Conditioner Property.--Section 48
of such Code is amended by adding at the end the following new
subsection:
``(d) Qualified Energy Storage Air Conditioner Property.--For the
purposes of this section--
``(1) In general.--The term `qualified energy storage air
conditioner property' means a cooling system which--
``(A) consists of thermal storage or ice storage
components which create, store, and supply cooling
energy to reduce peak electricity demand by displacing
the daytime peak electrical demand of conventional
mechanical cooling equipment,
``(B) has a nameplate operational capability to
deliver a minimum of 29,000 Btu and a maximum of
240,000 Btu of cooling capacity,
``(C) is designed to deliver such cooling capacity
for a minimum continuous period of 3 hours, available
daily from May 1 through September 30, coincident with
daytime peak load periods,
``(D) is designed so as to reduce peak kilowatt
demand by 90 percent for the cooling load served, and
``(E) is designed so as not to exceed the 24 hour
energy consumption of conventional cooling equipment by
more than 10 percent.
``(2) Inclusion of related equipment.--Such term shall
include any secondary components which integrate the cooling
system described in paragraph (1) with the conventional cooling
system, including equipment and controls for measuring and
reporting operation and performance, but shall not include any
portion of the conventional cooling system.
``(3) Limitation.--
``(A) In general.--In the case of qualified energy
storage air conditioner property placed in service
during the taxable year, the credit otherwise
determined under this section for such year with
respect to such property shall not exceed an amount
equal to $500 for each 0.5 kilowatt of peak demand
reduction of such property.
``(B) Peak demand reduction.--For purposes of this
subsection, the term `peak demand reduction' means the
removal of electrical demand (kW) on the utility grid
system during the daily time period of high electrical
demand. The peak demand reduction shall be determined
based on Energy Efficiency Ratio (EER) standards for
residential and commercial air conditioning equipment,
established under the Energy Policy and Conservation
Act of 1975.''.
(d) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code to allow: (1) a residential energy efficient tax credit for 30% of the cost of qualified energy storage air conditioner property installed in a principal residence; and (2) an energy tax credit for 30% of qualified energy storage air conditioner property installed before January 1, 2015.
Defines "qualified energy storage air conditioner property" as a cooling system that: (1) consists of thermal or ice storage components that create, store, and supply cooling energy to reduce peak electricity demand; (2) can deliver a minimum of 29,000 Btu and a maximum of 240,000 Btu of cooling capacity; (3) is designed to deliver such cooling capacity for a minimum continuous period of three hours; (4) is designed to reduce peak kilowatt demand by 90% for the cooling load served; and (5) is designed not to exceed the 24-hour energy consumption of conventional cooling equipment by more than 10%. | {"src": "billsum_train", "title": "To provide a tax credit for qualified energy storage air conditioner property."} | 1,393 | 188 | 0.538281 | 1.4886 | 0.681569 | 3.751351 | 6.708108 | 0.864865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Bond Initiative of
2004''.
SEC. 2. FINDINGS
Congress finds the following:
(1) Access to high-speed Internet is as important to 21st
Century businesses as access to the railroads and interstate
highways was to businesses of the last century.
(2) Up to one-third of the United States population lacks
access to high-speed Internet.
(3) Companies without access to high-speed Internet are
unable to meet their market potential, just as a community
cannot prosper if it doesn't have high quality roads and
bridges.
(4) Technology bonds would provide incentives to State and
local governments to partner with the private sector to expand
broadband deployment in their communities, especially
underserved urban and rural areas.
SEC. 3. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:
``Subpart H--Nonrefundable Credit for Holders of Qualified Technology
Bonds
``Sec. 54. Credit to holders of qualified technology bonds.
``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified technology bond on a credit allowance date of such bond which
occurs during the taxable year, there shall be allowed as a credit
against the tax imposed by this chapter for such taxable year the
amount determined under subsection (b).
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any qualified technology
bond is the amount equal to the product of--
``(A) the credit rate determined by the Secretary
under paragraph (2) for the month in which such bond
was issued, multiplied by
``(B) the face amount of the bond held by the
taxpayer on the credit allowance date.
``(2) Determination.--During each calendar month, the
Secretary shall determine a credit rate which shall apply to
bonds issued during the following calendar month. The credit
rate for any month is the percentage which the Secretary
estimates will permit the issuance of qualified technology
bonds without discount and without interest cost to the issuer.
``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than this subpart and subpart C).
``(d) Qualified Technology Bond.--For purposes of this part--
``(1) In general.--The term `qualified technology bond'
means any bond issued as part of an issue if--
``(A) 95 percent of more of the proceeds of such
issue are to be used for any or a series of qualified
projects,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such
project is located,
``(C) the issuer designates such bond for purposes
of this section,
``(D) certifies that it has obtained the written
approval of the Secretary of Commerce for such project,
and
``(E) the term of each bond which is part of such
issue does not exceed 15 years.
``(2) Qualified project.--
``(A) In general.--The term `qualified project'
means a project--
``(i) to expand broadband
telecommunications services in an area within
the jurisdiction of a State or local
government,
``(ii) which is nominated by such State or
local government for a designation as a
qualified project, and
``(iii) which the Secretary of Commerce,
after consultation with the Secretary of
Housing and Urban Development designates as a
qualified project or a series of qualified
projects.
``(B) Designation preferences.--With respect to
designations under this section, preferences shall be
given to--
``(i) nominations of projects involving
underserved urban or rural areas lacking access
to high-speed Internet connections, and
``(ii) nominations reflecting partnerships
and comprehensive planning between State and
local governments and the private sector.
``(e) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national technology
bond limitation for each calendar year. Such limitation is
$100,000,000 for 2005, 2006, 2007, 2008, and 2009, and, except
as provided in paragraph (4), zero thereafter.
``(2) Allocation of limitation.--The national technology
bond limitation for a calendar year shall be allocated by the
Secretary among the qualified projects designated for such
year.
``(3) Designation subject to limitation amount.--The
maximum aggregate face amount of bonds issued during any
calendar year which may be designated under subsection (d)(1)
with respect to any qualified project shall not exceed the
limitation amount allocated to such project under paragraph (2)
for such calendar year.
``(4) Carryover of unused limitation.--If for any calendar
year--
``(A) the national technology limitation amount,
exceeds
``(B) the amount of bonds issued during such year
which are designated under subsection (d)(1) with
respect to qualified projects,
the national technology limitation amount for the following
calendar year shall be increased by the amount of such excess.
``(f) Other Definitions.--For purposes of this subpart--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Credit allowance date.--The term `credit allowance
date' means, with respect to any issue, the last day of the 1-
year period beginning on the date of issuance of such issue and
the last day of each successive 1-year period thereafter.
``(3) State.--The term `State' means the several States and
the District of Columbia.
``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
``(h) Other Special Rules.--
``(1) Partnership; s corporation; and other pass-thru
entities.--Under regulations prescribed by the Secretary, in
the case of a partnership, trust, S corporation, or other pass-
thru entity, rules similar to the rules of section 41(g) shall
apply with respect to the credit allowable under subsection
(a).
``(2) Bonds held by regulated investment companies.--If any
qualified technology bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(3) Treatment for estimated tax purposes.--Solely for
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a qualified
technology bond on a credit allowance date shall be treated as
if it were a payment of estimated tax made by the taxpayer on
such date.
``(4) Reporting.--Issuers of qualified technology bonds
shall submit reports similar to the reports required under
section 149(e).''.
(b) Reporting.--Subsection (d) of section 6049 of the Internal
Revenue Code of 1986 (relating to returns regarding payments of
interest) is amended by adding at the end the following new paragraph:
``(8) Reporting of credit on qualified technology bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(g) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(f)(2)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''.
(c) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new item:
``Subpart H. Nonrefundable Credit for Holders of Qualified
Technology Bonds.''.
(2) Section 6401(b)(1) of such Code is amended by striking
``and G'' and inserting ``G, and H''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2004. | Technology Bond Initiative of 2004 - Amends the Internal Revenue Code to allow a nonrefundable income tax credit for investment in qualified technology bonds. Defines "qualified technology bonds" as bonds issued by a State or local government for a term not exceeding 15 years, 95 percent or more of the proceeds of which are used to finance State or local projects for expanding broadband telecommunication services. Gives preference to projects for underserved urban or rural areas lacking access to high-speed Internet connections and projects reflecting partnerships and comprehensive planning between State and local governments and the private sector. Requires the inclusion in the gross income of a taxpayer amounts allowed as a tax credit under this Act.
Limits the amount of bonds that may be issued nationwide to $100 million for each of calendar years 2005 through 2009. Allows a carryover of unused bond amounts to the next calendar year. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an income tax credit to holders of bonds financing new communications technologies, and for other purposes."} | 2,043 | 186 | 0.613801 | 1.741466 | 0.741085 | 2.680982 | 11.699387 | 0.877301 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Hundreds of thousands of obsolete industrial sites
nationwide are polluted with medium to low amounts of
environmental contamination.
(2) Reusing these sites requires cleanup of the
contamination, adding costs and uncertainties to the
redevelopment process.
(3) Left unused, these contaminated sites mean loss of tax
revenues and job opportunities for the community and pose
potential risks to nearby residents or people who venture onto
the site.
(4) State efforts to encourage voluntary cleanup and
redevelopment of such sites are hindered by Federal
requirements for environmental permits to conduct the cleanups
and by the lack of Federal certification of such State efforts.
(b) Purpose.--The purpose of this Act is to encourage cleanup and
redevelopment of contaminated industrial facilities (known as
``brownfields'') as economically viable alternatives to previously
undeveloped ``greenfield'' sites.
SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator'') shall establish certification criteria for State
voluntary cleanup programs at eligible facilities. If a State meets the
criteria for certification, the Administrator shall certify the State
to carry out the cleanup program in such State at eligible facilities
in lieu of any Federal program that addresses the cleanup of such
facilities under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or the Solid Waste Disposal
Act.
(b) Biennial Audits and Revocation of State Certification.--The
Administrator shall ensure that State programs continue to meet the
terms of the certification issued pursuant to subsection (a) by
conducting biennial audits of State voluntary cleanup programs. If the
Administrator finds that the State is not administering the program in
accordance with the terms of the certification, the Administrator shall
notify the State of deficiencies and of the Administrator's intention
to withdraw the State's certification if the deficiencies are not
resolved within 6 months. Withdrawal of State certification shall not
affect any cleanup completed and approved by the State as of the date
of such withdrawal.
(c) Specific Criteria.--The Administrator shall require that, in
order for a State voluntary cleanup program to be certified under
subsection (a), the program shall, at a minimum, contain each of the
following provisions--
(1) The program shall provide that only eligible
facilities, as described in subsection (d), may participate in
the program.
(2) The program shall provide adequate opportunities for
public participation in the development and implementation of
cleanup plans for eligible facilities. Public participation
requirements shall include but not be limited to providing
opportunity for affected parties to review and comment on
cleanup documents and plans, and providing opportunity for
public input to the remedy selection process. Affected parties
shall include but not be limited to local work force
representatives, adjacent community residents, and local
environmental and other public interest organizations.
(3) The program shall provide technical assistance
throughout each voluntary cleanup.
(4) The program shall provide adequate oversight and
enforcement authority to ensure that the voluntary cleanups
comply with Federal and State laws (except permit requirements
as provided in subsection (e)).
(5) provide for a certification from the State to the owner
or prospective purchaser of an eligible facility that the
cleanup is complete.
(d) Eligible Facilities.--For purposes of this Act, the term
``eligible facility'' means a facility or property in a State that is
determined by the State to have environmental contamination that--
(1) could prevent the timely use, development, or reuse of
the facility or property; and
(2) is limited in scope and can be comprehensively and
readily evaluated.
Such term shall not include any of the following:
(A) A facility that is eligible for abatement action under
section 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980.
(B) A facility that, as of the date of the enactment of
this Act, is subject to Federal enforcement action under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(C) A facility included, or proposed for inclusion, on the
National Priorities List or on the comprehensive environmental
response, compensation, and liability inventory system
(``CERCLIS'') that has been evaluated as high priority under
the hazard ranking system.
(D) A facility required to have a permit under section 3005
of the Solid Waste Disposal Act that does not have a permit
under that section and does not qualify for authorization to
operate in interim status under subsection (e) of that section.
(E) A land disposal unit with respect to which a closure
notification under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is submitted and closure requirements
are specified in a closure plan or permit.
(F) A facility subject to corrective action under section
3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C.
5924(u) or 6928(h)) that is evaluated as high priority under
the Environmental Protection Agency's National Corrective
Action Priority System as set forth in regulations under
subtitle C of the Solid Waste Disposal Act.
(G) A facility at which assistance for response activities
may be obtained pursuant to subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section
9508 of the Internal Revenue Code of 1986.
(H) A facility owned or operated by a department, agency,
or instrumentality of the United States.
(e) Relationship to Permit Requirements.--No Federal, State, or
local permit shall be required for any cleanup conducted under a State
voluntary cleanup program certified under this section, if the cleanup
is carried out in compliance with the certified program. | Brownfield Cleanup and Redevelopment Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State voluntary cleanup programs at eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of any Federal program that addresses the cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or the Solid Waste Disposal Act.
Defines "eligible facility" as a facility that is determined by a State to have environmental contamination that: (1) could prevent the timely use, development, or reuse; and (2) is limited in scope and can be readily evaluated.
Requires the Administrator to ensure that State programs continue to meet the terms of certification by conducting biennial audits. Sets procedures for withdrawal of certification where deficiencies are not resolved.
Directs the Administrator to require a State program, to be certified, to provide: (1) that only eligible facilities may paraticipate; (2) adequate opportunities for public participation in the development and implementation of cleanup plans; (3) technical assistance throughout each voluntary cleanup; (4) adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws; and (5) for State certification to the owner or prospective purchaser of an eligible facility that the cleanup is complete.
Prohibits requiring a Federal, State, or local permit for any cleanup conducted under and in compliance with a certified State voluntary cleanup program. | {"src": "billsum_train", "title": "Brownfield Cleanup and Redevelopment Act"} | 1,345 | 298 | 0.68785 | 2.007517 | 1.025687 | 4.752613 | 4.38676 | 0.940767 |
SECTION 1. CREDIT FOR QUALIFIED EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business tax credits)
is amended by adding at the end the following:
``SEC. 45G. CREDIT FOR EXPENDITURES FOR MEDICAL PROFESSIONAL
MALPRACTICE INSURANCE.
``(a) General Rule.--For purposes of section 38, in the case of a
taxpayer which is an eligible person, the medical malpractice insurance
expenditure tax credit determined under this section for a covered year
shall equal the applicable percentage of the qualified medical
malpractice insurance expenditures incurred by an eligible person
during the covered year.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``(1) in the case of an eligible person described in
subsection (c)(2)(A), 20 percent,
``(2) in the case of an eligible person described in
subsection (c)(2)(B), 10 percent, and
``(3) in the case of an eligible person described in
subsection (c)(2)(C), 15 percent.
``(c) Definitions.--In this section:
``(1) Covered year.--The term `covered year' means taxable
years beginning in 2003 and 2004.
``(2) Eligible person.--The term `eligible person' means--
``(A) any physician (as defined in section
213(d)(4)) who practices in any surgical specialty or
subspecialty, emergency medicine, obstetrics,
anesthesiology or who does intervention work which is
reflected in medical malpractice insurance
expenditures,
``(B) any physician (as so defined) who practices
in general medicine, allergy, dermatology, or
pathology, and
``(C) any hospital or clinic,
which meets applicable legal requirements to provide the health
care services involved.
``(3) Qualified medical malpractice insurance
expenditure.--The term `qualified medical malpractice insurance
expenditure' means so much of any professional insurance
premium, surcharge, payment or other cost or expense required
as a condition of State licensure which is incurred by an
eligible person in a covered year for the sole purpose of
providing or furnishing general medical malpractice liability
insurance for such eligible person as does not exceed twice the
Statewide average of such costs for similarly situated eligible
persons.
``(d) Special Rules.--
``(1) In general.--Except as provided in paragraph (2), the
credit determined under this section shall be claimed by the
eligible person incurring the qualified medical malpractice
insurance expenditure.
``(2) Certification.--Each State, through its board of
medical licensure and State board (or agency) regulating
insurance, annually shall provide such information to the
Secretary of Health and Human Services as is necessary to
permit the Secretary to calculate average costs for purposes of
subsection (c)(3) and to certify such average costs (rounded to
the nearest whole dollar) to the Secretary of the Treasury on
or before the 15th day of November of each year.
``(e) Effective Date.--This section shall apply to qualified
medical malpractice expenditures incurred after December 31, 2002.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the medical malpractice insurance expenditure tax
credit determined under section 45G(a).''.
(c) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(11) No carryback of medical malpractice insurance
expenditure tax credit before effective date.--No portion of
the unused business credit for any taxable year which is
attributable to the credit determined under section 45G may be
carried back to any taxable year beginning before 2003.''.
(d) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following new
subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified medical malpractice insurance
expenditures otherwise allowable as a deduction for the taxable
year which is equal to the amount of the credit allowable for
the taxable year under section 45G (determined without regard
to section 38(c)).
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 41(f)(5)) or a trade or business which
is treated as being under common control with other trades or business
(within the meaning of section 41(f)(1)(B)), this subsection shall be
applied under rules prescribed by the Secretary similar to the rules
applicable under subparagraphs (A) and (B) of section 41(f)(1).''.
(e) Grants to Non-Profit Hospitals and Clinics.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Administrator of the Health
Resources and Services Administration, shall award grants to
eligible non-profit hospitals and clinics to assist such
hospitals and clinics in defraying qualified medical
malpractice insurance expenditures.
(2) Eligible non-profit hospital or clinic.--To be eligible
to receive a grant under paragraph (1) an entity shall--
(A) be a non-profit hospital or clinic;
(B) be unable to claim the tax credit described in
section 45G of the Internal Revenue Code of 1986 for
the year for which an application is submitted under
subparagraph (C); and
(C) prepare and submit to the Secretary of Health
and Human Services an application at such time, in such
manner, and containing such information as the
Secretary may require.
(3) Amount of grant.--The amount of a grant to a non-profit
hospital or clinic under paragraph (1) shall equal 15 percent
of the amount of the qualified medical malpractice insurance
expenditures of the hospital or clinic for the year involved.
(4) Qualified medical malpractice insurance expenditure.--
In this subsection, the term ``qualified medical malpractice
insurance expenditure'' means so much of any professional
insurance premium, surcharge, payment or other cost or expense
required as a condition of State licensure which is incurred by
a non-profit hospital or clinic in a year for the sole purpose
of providing or furnishing general medical malpractice
liability insurance for such hospital or clinic as does not
exceed twice the Statewide average of such costs for similarly
situated hospitals or clinics.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection, such sums as
may be necessary for each of fiscal years 2004 and 2005.
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45G. Credit for expenditures for
medical professional
malpractice insurance.''.
(g) Effective Date.--The amendments made by this section shall
apply to expenditures incurred after December 31, 2002. | Amends the Internal Revenue Code to provide a business tax credit for medical professional malpractice insurance according to the following schedule: (1) 20 percent of expenditures for any physician who practices in any surgical specialty or subspecialty, emergency medicine, obstetrics, anesthesiology, or who does intervention work which is reflected in medical malpractice insurance expenditures; (2) ten percent of expenditures for any physician who practices in general medicine, allergy, dermatology, or pathology; and (3) 15 percent of expenditures for any hospital or clinic.Directs the Secretary of Health and Human Services, through the Health Resources and Services Administration, to make grants to eligible nonprofit hospitals and clinics to pay 15 percent of qualified medical malpractice insurance costs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide physicians and other health care professionals with a tax credit for qualified expenditures for medical professional malpractice insurance, and for other purposes."} | 1,697 | 156 | 0.616296 | 1.717448 | 0.7162 | 3.441176 | 11.213235 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government is increasingly relying on
armed private security contractors to perform mission-critical
and emergency essential functions that historically have been
performed by United States military or Government personnel.
(2) As of March 2011, the Department of Defense had
approximately 155,000 contract employees operating in Iraq and
Afghanistan, as compared to 145,000 members of the United
States Armed Forces operating in these two theaters of war.
(3) As of March 2011, the Department of Defense had
deployed 9,207 armed private security contractors in Iraq and
18,971 in Afghanistan, a change from 10,743 and 4,111,
respectively, in March 2009.
(4) As of April 1, 2011, the Department of State had over
2,500 security contractors in Iraq and 1,272 in Afghanistan,
under the Worldwide Personal Protective Services (WPPS)
contract.
(5) In September 2009, photos were published showing
employees of ArmorGroup North America (AGNA), hired by the
Department of State to provide security at the United States
Embassy in Kabul, engaging in lewd sexual hazing and
harassment.
(6) Before the September 2009 incident, the Department of
State had issued multiple deficiency notices, a cure notice,
and a show-cause notice expressing grave concerns about the
company's performance on the contract; one State Department
official even wrote that the company's deficiencies ``endanger
performance of the contract to such a degree that the security
of the U.S. Embassy in Kabul is in jeopardy''.
(7) On July 7, 2011, the Department of Justice announced
that Armor Group North America paid a $7.5 million settlement
to resolve charges that the company submitted false claims for
payment on a State Department contract; the settlement resolves
claims that AGNA guards violated the Trafficking Victims
Protection Act by visiting brothels in Kabul with the knowledge
of AGNA's management, as well as allegations that AGNA
misrepresented the prior work experience of 38 third country
nationals hired to guard the embassy.
(8) A 2010 Senate Armed Services Committee investigation
found that EOD Technology, the company hired to take over
protection of the Kabul Embassy from AGNA, was suspected of
hiring local warlords with possible Taliban ties, and in March
2011 the EODT contract was terminated for default.
(9) In May 2009, four men employed as military trainers for
Paravant LLC, a Blackwater affiliate, fired on a civilian
vehicle in Kabul, killing one Afghan and wounding two others;
two of the guards were convicted of involuntary manslaughter in
March 2011.
(10) On September 16, 2007, individuals hired by the
company then known as Blackwater USA opened fire on Baghdad's
Nisour Square, killing 17 Iraqis and wounding at least 20
others.
(11) In August 2010, XE Services, LLC, the company formerly
known as Blackwater, entered into a civil settlement with the
State Department, under which the company agreed to pay a
penalty of $42 million for 288 alleged violations of the Arms
Export Control Act (AECA) and the International Traffic in Arms
Regulations (ITAR).
(12) In July 2010, The Washington Post quoted Secretary of
Defense Robert Gates as saying ``This is a terrible confession
. . . I can't get a number on how many contractors work for the
Office of the Secretary of Defense.''.
(13) On October 18, 2007, Secretary Gates stated that the
work of many contractors in Iraq is ``at cross-purposes to our
larger mission in Iraq,'' and that ``right now those missions
are in conflict''.
(14) In 2007, the Committee on Oversight and Government
Reform of the House of Representatives investigated
Blackwater's employment practices and found that the company's
classification of its security guards may have allowed the firm
to avoid paying Social Security, Medicare, and Federal income
and employment taxes.
(15) On Christmas Eve 2006, Blackwater contractor Andrew
Moonen, while drunk, shot and killed a guard to Iraqi Vice
President Adil Abd-al-Mahdi in the Green Zone, and though Mr.
Moonen lost his job with Blackwater as a result of this
incident, he was promptly hired by Combat Support Associates,
another Department of Defense contractor, and sent to work in
Kuwait.
(16) In the wake of the 2004 killing of four Blackwater
contractors in Fallujah, the families of the men killed filed a
civil suit against the company, alleging that Blackwater failed
to properly equip and man its armored vehicles; after nearly
seven years in court, the case was thrown out when the families
could reportedly no longer pay the court costs.
(17) XE Services, LLC, the company formerly known as
Blackwater, has also faced allegations of weapons smuggling and
improperly licensing firearms; in April 2010, five former
Blackwater employees, including former president Gary Jackson,
were indicted on charges including conspiring to violate
Federal firearm laws, possession of unregistered firearms, and
obstruction of justice.
(18) In response to a request from the Committee on
Oversight and Government Reform of the House of
Representatives, the Inspector General of the Small Business
Administration investigated Blackwater in 2008 and found that
the company may have misrepresented its small business status,
enabling it to qualify for $110,000,000 in government contracts
set aside specifically for small businesses.
(19) Signed affidavits were filed in a civil lawsuit
against Blackwater that company founder Erik Prince views
himself ``as a Christian crusader tasked with eliminating
Muslims and the Islamic faith from the globe'', that he
knowingly deployed ``demonstrably unfit men'' to Iraq, and that
he used illegal ammunition, including a bullet designed to
explode after entering the human body, among other charges.
(20) In November 2007, a contractor employed by DynCorp
International, LLC, reportedly shot and killed an unarmed taxi
driver who, according to witnesses, posed no threat to the
DynCorp convoy.
(21) A January 2007 report by the Special Inspector General
for Iraq Reconstruction stated that DynCorp billed the United
States for millions of dollars of work that was never
authorized.
(22) In October 2007, an audit report issued by the Special
Inspector General for Iraq Reconstruction stated that the
Department of State ``does not know specifically what it
received for most of the $1,200,000,000 in expenditures under
its DynCorp Contract for the Iraqi Police Training Program''.
(23) Congress does not have complete access to information
about all security contracts, the number of armed private
security contractors working in Iraq, Afghanistan, and other
combat zones, the number of contractors who have died, and any
disciplinary actions taken against contract personnel or
companies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Mission critical or emergency essential functions.--The
term ``mission critical or emergency essential functions''--
(A) means--
(i) activities for which continued
performance is considered essential to support
combat systems and operational activities; or
(ii) activities whose delay, absence, or
failure of performance would significantly
affect the broader success or failure of a
military operation; and
(B) includes--
(i) the provision of protective services,
including diplomatic security services;
(ii) the provision of security advice and
planning;
(iii) military and police training;
(iv) prison administration;
(v) interrogation; and
(vi) intelligence.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section 101(a)(13) of
title 10, United States Code.
(3) Other significant military operations.--The term
``other significant military operations'' means activities,
other than combat operations, that are carried out by United
States Armed Forces in an uncontrolled or unpredictable high-
threat environment where personnel performing security
functions may be called upon to use deadly force.
(4) Specified congressional committees.--The term
``specified congressional committees'' means the following
committees:
(A) The Committee on Armed Services, the Committee
on Oversight and Government Reform, the Committee on
Appropriations, the Committee on Foreign Affairs, and
the Permanent Select Committee on Intelligence of the
House of Representatives.
(B) The Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Appropriations, the Committee on Foreign
Relations, and the Select Committee on Intelligence of
the Senate.
SEC. 4. REQUIREMENT FOR GOVERNMENT PERSONNEL TO PERFORM DIPLOMATIC
SECURITY IN AREAS OF CONTINGENCY OPERATIONS AND OTHER
SIGNIFICANT MILITARY OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State shall ensure that all personnel working on
behalf of the United States at any United States diplomatic or consular
mission in areas of contingency operations and other significant
military operations are provided diplomatic security services only by
United States Government personnel.
SEC. 5. REQUIREMENTS RELATING TO CONTRACTORS PERFORMING MISSION
CRITICAL OR EMERGENCY ESSENTIAL FUNCTIONS IN ALL AREAS OF
CONTINGENCY OPERATIONS AND OTHER SIGNIFICANT MILITARY
OPERATIONS.
(a) Report by President.--
(1) Requirement.--Not later than June 1, 2012, the
President shall submit to the specified congressional
committees a report on the status of planning for the
transition away from the use of private contractors for mission
critical or emergency essential functions by January 1, 2013,
in all areas of contingency operations and other significant
military operations.
(2) Additional matters covered.--If the report submitted
under paragraph (1) states that the relevant agencies will not
be able to transition to government and military personnel for
such functions by January 1, 2013, the President shall include
in the report the following:
(A) A statement of the reasons why the relevant
agencies are unable to do so, the date by which they
will be able to do so, and the plan to ensure that they
will be able to do so by that date.
(B) A certification that--
(i) all contract employees have undergone
background checks to ensure that they do not
have criminal records and have not been accused
of human rights abuses;
(ii) no contract employees are subject to
pending criminal charges;
(iii) all contract employees are under the
jurisdiction of section 3261 of title 18,
United States Code (relating to military
extraterritorial jurisdiction);
(iv) contract employees, if accused of
crimes by the host country, must remain in
United States custody; and
(v) contracts include whistleblower
protections for employees to provide good faith
information to management, government agencies,
and Congress of any contract violations, human
rights abuses, or criminal actions.
(3) Form of report.--The report required by this subsection
shall be submitted in unclassified form, to the maximum extent
possible, but may contain a classified annex, if necessary.
(b) Examination of Contractor Accounting Practices.--Any individual
or entity under contract with the Federal Government to provide mission
critical or emergency essential functions after January 1, 2013, shall
allow the specified congressional committees to examine their
accounting practices with respect to any such contract quarterly and
upon request.
(c) Requirements Relating to Contract Renewals.--Any contract with
the Federal Government requiring personnel to perform mission critical
or emergency essential functions that is proposed to be renewed after
the date of the enactment of this Act may be renewed only if--
(1) the President reports to the specified congressional
committees that the relevant agency does not have adequate
personnel to perform the duties stipulated in the contract; and
(2) the President certifies that--
(A) all contract employees have undergone
background checks to ensure that they do not have
criminal records and have not been accused of human
rights abuses;
(B) no contract employees are subject to pending
criminal charges;
(C) all contract employees are under the
jurisdiction of section 3261 of title 18, United States
Code (relating to military extraterritorial
jurisdiction);
(D) contract employees, if accused of crimes by the
host country, must remain in the custody of the United
States; and
(E) the contract includes whistleblower protections
for employees to provide good faith information to
management, government agencies, and Congress of any
contract violations, human rights abuses, or criminal
actions.
SEC. 6. CONGRESSIONAL ACCESS TO CONTRACTS.
(a) Requirement To Allow Congress Access to Copies and Descriptions
of Certain Contracts and Task Orders.--
(1) Requirement regarding contracts and task orders before
enactment.--The Secretary of Defense, the Secretary of State,
the Secretary of the Interior, and the Administrator of the
United States Agency for International Development shall allow
the chairman and the ranking minority member of each specified
congressional committee access to a copy of, and a description
of the work performed or to be performed under, each contract,
and each task order issued under an existing contract, in an
amount greater than $5,000,000 entered into by the Department
of Defense, the Department of State, the Department of the
Interior, and the Agency for International Development,
respectively, during the period beginning on October 1, 2001,
and ending on the last day of the month during which this Act
is enacted for work to be performed in areas of contingency
operations and other significant military operations.
(2) Form of submissions.--The copies and descriptions
required by paragraph (1) shall be submitted in unclassified
form, to the maximum extent possible, but may contain a
classified annex, if necessary.
(b) Reports on Contracts for Work To Be Performed in Areas of
Contingency Operations and Other Significant Military Operations.--The
Secretary of Defense, the Secretary of State, the Secretary of the
Interior, and the Administrator of the United States Agency for
International Development shall each submit to each specified
congressional committee a report not later than 60 days after the date
of the enactment of this Act that contains the following information:
(1) The number of persons performing work in areas of
contingency operations and other significant military
operations under contracts (and subcontracts at any tier)
entered into by Department of Defense, the Department of State,
the Department of the Interior, and the United States Agency
for International Development, respectively.
(2) The total cost of such contracts.
(3) The total number of persons who have been wounded or
killed in performing work under such contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such contracts
by the contractor, the United States Government, or the
government of any country in which the area of contingency
operations or other significant military operations is located. | Stop Outsourcing Security Act - Directs the Secretary of State to ensure that only U.S. government personnel provide diplomatic security services to personnel working on behalf of the United States at U.S. diplomatic or consular missions in areas of: (1) contingency operations; and (2) other significant military operations, other than combat operations, where security personnel may be called upon to use deadly force.
Requires the President to report to Congress, by June 1, 2012, on the status of planning for the transition away from the use of private contractors for specified mission critical or emergency essential functions by January 1, 2013, in all areas of such operations. Directs any individual or entity under contract with the federal government to provide mission critical or emergency essential functions after such date to allow Congress to examine their accounting practices. Outlines additional requirements relating to renewals of such contracts.
Authorizes specified congressional access to contracts and task orders in excess of $5 million entered into by the Department of Defense (DOD), the Department of State, the Department of the Interior, and the U.S. Agency for International Development (USAID) during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in areas of such operations.
Requires certain reports to Congress regarding contracts for the performance of work in areas of such operations. | {"src": "billsum_train", "title": "To phase out the use of private military contractors."} | 3,231 | 285 | 0.405525 | 1.283506 | 0.773978 | 4.827068 | 11.406015 | 0.962406 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Information Act of 2011''.
SEC. 2. ANNUAL MEDICARE BENEFICIARY PART A CONTRIBUTIONS AND BENEFITS
STATEMENTS.
(a) In General.--Part A of title XI of the Social Security Act is
amended by inserting after section 1143 (42 U.S.C. 1320b-13) the
following new section:
``annual medicare beneficiary part a contributions and benefits
statements
``Sec. 1143A. (a) Provision.--
``(1) In general.--Beginning not later than 2 years after
the date of the enactment of this section, the Secretary, in
coordination with the Commissioner of Social Security, shall
provide a statement described in subsection (b) (in this
section referred to as an `annual Medicare part A information
statement') on an annual basis to each eligible individual (as
defined in subsection (d)) for whom a current mailing address
can be determined through such methods as the Secretary
determines to be appropriate.
``(2) Coordination in single mailing with social security
account statements.--In order to avoid sending separate
statements under this section and section 1143 in the case of
an individual for whom a social security account statement is
provided under section 1143 and a separate annual Medicare part
A information statement would otherwise be provided under this
section, the Secretary shall coordinate with the Commissioner
of Social Security, whether through transmittal of data or
otherwise, in a manner so that the annual Medicare part A
information statement is included and sent with such social
security account statement.
``(3) Methodology.--
``(A) In general.--The Secretary, in consultation
with the Commissioner of Social Security and the
Secretary of the Treasury, shall specify the
methodology to be used in estimating lifetime
contributions and lifetime benefits with respect to
annual Medicare part A information statements. Such
methodology for computing the lifespan of an individual
shall be the same methodology used for purposes of the
social security account statement under section 1143.
``(B) Inclusion of description in statement.--The
Secretary shall include a brief description of the key
assumptions used in such methodology in the annual
Medicare part A information statements.
``(4) Summary of medicare part a program.--Each annual
Medicare part A information statement shall include a summary
of part A of the Medicare program. Such summary shall also
include a summary description of benefits and enrollment
options under parts B, C, and D of title XVIII, but shall
indicate that the information described in subsection (b) does
not include information related to contributions and benefits
under those parts.
``(b) Medicare Part A Information Statement Described.--In addition
to the information described in paragraphs (3)(B) and (4) of subsection
(a), each annual Medicare part A information statement for an eligible
individual shall contain the following:
``(1) HI employee contributions.--The total contributions
described in section 1143(a)(2)(C) for the individual--
``(A) for the most recent year for which data are
available;
``(B) to the extent feasible, for previous periods
through the end of such year; and
``(C) as projected for the individual during the
individual's lifetime.
To the extent feasible, of such total contributions the portion
that is attributable to employer, employee, and self-employment
contributions.
``(2) Medicare part a benefits.--In the case of an eligible
individual--
``(A) who, for such most recent year, was entitled
to benefits under part A of title XVIII, the total
value of such benefits provided to the individual under
such part as of the end of such year and, to the extent
feasible, the total value of such benefits for such
individual for previous periods through the end of such
year; and
``(B) an estimate of the actuarial value of the
expected benefits under such part for the individual
during the individual's lifetime, including (but stated
separately) any benefits described in subparagraph (A).
``(3) Comparison.--An appropriate comparison of such
contributions with such benefits.
``(c) Records Retention.--The Secretary shall provide for the
indefinite retention of information that--
``(1) is described in subsection (b), including benefits
described in subsection (b)(2); and
``(2) the Secretary has not discarded as of the date of the
enactment of this section.
``(d) Eligible Individual Defined.--In this section, the term
`eligible individual' means an individual--
``(1) who has a social security account number;
``(2) who has attained age 25 or over; and
``(3) who is entitled to benefits under part A of title
XVIII or who, as of the end of the most recent year referred to
in subsection (b)(1)(A), has had any contributions described in
subsection (b)(1) made with respect to the individual during
such year or a previous year.''.
(b) Inclusion of Social Security Account Statement for Those
Receiving Annual Medicare Part A Information Statement.--Section
1143(a)(3) of such Act (42 U.S.C. 1320b-13(a)(3)) is amended by adding
at the end the following:
``Such term includes an individual not described in the previous
sentence who is an eligible individual (as defined in subsection (d) of
section 1143A) for whom an annual Medicare part A information statement
is provided under such section.''. | Medicare Information Act of 2011 - Amends part A of title XI of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to provide to each eligible individual annually a statement of Medicare part A (Hospital Insurance) contributions and benefits in coordination with the annual mailing of Social Security account statements. | {"src": "billsum_train", "title": "A bill to amend title XI of the Social Security Act to provide for the annual mailing of statements of Medicare beneficiary part A contributions and benefits in coordination with the annual mailing of Social Security account statements."} | 1,217 | 71 | 0.585324 | 1.330533 | 0.785749 | 2.786885 | 18.491803 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Shutdown Prevention
Act''.
SEC. 2. AMENDMENT TO TITLE 31.
(a) In General.--Chapter 13 of title 31, United States Code, is
amended by inserting after section 1310 the following new section:
``Sec. 1311. Continuing appropriations
``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
``(A) in the corresponding regular appropriation Act for
such preceding fiscal year; or
``(B) if the corresponding regular appropriation bill for
such preceding fiscal year did not become law, then in a joint
resolution making continuing appropriations for such preceding
fiscal year.
``(2) Appropriations and funds made available, and authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be at a rate of operations not in excess of the lower
of--
``(A) the rate of operations provided for in the regular
appropriation Act providing for such project or activity for
the preceding fiscal year;
``(B) in the absence of such an Act, the rate of operations
provided for such project or activity pursuant to a joint
resolution making continuing appropriations for such preceding
fiscal year;
``(C) the rate provided in the budget submission of the
President under section 1105(a) of title 31, United States
Code, for the applicable fiscal year; or
``(D) the annualized rate of operations provided for in the
most recently enacted joint resolution making continuing
appropriations for part of that fiscal year or any funding
levels established under the provisions of this Act.
``(3) Appropriations and funds made available, and authority
granted, for any fiscal year pursuant to this section for a project or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending on the earlier of--
``(A) the date on which the applicable regular
appropriation bill for such fiscal year becomes law (whether or
not such law provides for such project or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
``(B) the last day of such fiscal year.
``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
``(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
``(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
``(f) In this section, the term `regular appropriation bill' means
any annual appropriation bill making appropriations, otherwise making
funds available, or granting authority, for any of the following
categories of projects and activities:
``(1) Agriculture, rural development, and related agencies
programs.
``(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
``(3) The Department of Defense.
``(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
``(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
``(6) The Department of Housing and Urban Development, and
sundry independent agencies, boards, commissions, corporations,
and offices.
``(7) Energy and water development.
``(8) Foreign assistance and related programs.
``(9) The Department of the Interior and related agencies.
``(10) Military construction.
``(11) The Department of Transportation and related
agencies.
``(12) The Treasury Department, the U.S. Postal Service,
the Executive Office of the President, and certain independent
agencies.
``(13) The legislative branch.''.
(b) Technical Amendment.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following:
``1311. Continuing appropriations.''.
(c) Protection of Other Obligations.--Nothing in the amendments
made by this section shall be construed to effect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, and Medicaid.
SEC. 3. EFFECTIVE DATE AND SUNSET.
(a) Effective Date.--The amendments made by this Act shall apply
with respect to fiscal years beginning with fiscal year 2000.
(b) Sunset.--The amendments made by this Act shall sunset and have
no force or effect after fiscal year 2001. | Government Shutdown Prevention Act - Provides for continuing appropriations at the beginning of a fiscal year if any regular appropriations bill does not become law prior to such time. | {"src": "billsum_train", "title": "Government Shutdown Prevention Act"} | 1,346 | 41 | 0.56512 | 1.236384 | 0.575091 | 2.8 | 43.066667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Choice Voucher Funding
Fairness Act of 2006''.
SEC. 2. FUNDING ALLOCATION.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by adding at the end the following new subsections:
``(ff) Tenant-Based Contract Renewals.--
``(1) Allocation determination.--Notwithstanding any other
provision of law, for each calendar year funding cycle, the
Secretary shall allocate amounts made available for such
funding cycle for renewal of expiring annual contributions
contracts for tenant-based rental assistance for each public
housing agency (other than an agency with a special funding
agreement under the Moving To Work demonstration program) based
on the most recent leasing and cost data for such funding
cycle, as adjusted to reflect likely reasonable future costs--
``(A) by applying local and regional annual
adjustment factors, as established for such calendar
year by the Secretary using the most recent data
available; and
``(B) by applying such additional adjustments to
the most recent leasing and cost data for such funding
cycle, to compensate for changes in the number of
vouchers under lease or voucher costs, as the Secretary
may approve for a public housing agency, pursuant to
application by the agency and in accordance with
paragraph (3).
``(2) Most recent leasing and cost data.--For purposes of
this subsection, the term `most recent leasing and cost data'
means, for any calendar year funding cycle, leasing and per-
voucher cost data for the most recent 12-month period for which
such verified data is available as of the time of the
allocation determination for such funding cycle, except that
such data shall not include data with respect to any units
leased in excess of the agency's authorized unit months. The
Secretary shall collect new leasing and per-voucher cost data
for use under this paragraph for each calendar year funding
cycle, which shall be verified data obtained from the Voucher
Management System.
``(3) Adjustments.--
``(A) Authority.--Application and approval of
additional adjustments referred to in paragraph (1)(B)
for a calendar year shall be in accordance with such
limitations as the Secretary shall provide, which shall
include the use of objective and fair approval criteria
established by the Secretary that provide that--
``(i) adjustment to the number of vouchers
under lease shall be approved if a public
housing agency demonstrates need for renewal of
previously issued tenant protection vouchers or
of other authorized vouchers to comply with
court orders or to meet previous commitments to
owners for project-based vouchers in projects
ready for occupancy in such calendar year; and
``(ii) adjustment of voucher costs shall be
approved if an agency demonstrates--
``(I) rent increases;
``(II) utility rate changes;
``(III) known changes in subsidy
costs due to enhanced vouchers under
subsection (t), portability under
subsection (r), increased average unit
size, or approval of higher subsidy
payments for people with disabilities
due to reasonable accommodation;
``(IV) change in average tenant
income, including adjustments needed
for areas with seasonal employment if
income variations are not adequately
reflected in the period of data used by
the Secretary; or
``(V) increase in number of
families participating in the Family
Self-Sufficiency program under section
23 who are building escrow savings due
to increased earnings.
``(B) Denial of certain adjustments.--
Notwithstanding subparagraph (A)(ii), the Secretary may
deny an adjustment referred to in subclause (I), (II),
or (III) of subparagraph (A)(ii) with respect to a
public housing agency if the agency is not complying
with subsection (o)(10)(A) (regarding rent
reasonableness).
``(C) Amount of adjustments.--The aggregate amount
of such additional adjustments referred to in paragraph
(1)(B) for all public housing agencies for a calendar
year funding cycle shall not exceed 2 percent of the
total amount provided for such calendar year for
renewal of expiring annual contributions contracts for
tenant-based rental assistance. In any year in which
such total amount provided for such renewals is less
than the amount needed to provide each public housing
agency with the full adjustment amount determined for
the agency under this paragraph, each agency for which
such an adjustment is approved shall receive the same
percentage of the total amount approved for that
agency.
``(4) Proration.--To the extent necessary to stay within
the amount made available for a calendar year for renewal of
expiring annual contributions contracts for tenant-based rental
assistance, the Secretary shall prorate each public housing
agency's allocation otherwise established pursuant to this
subsection for such year, except that such proration shall not
apply to the renewal of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act.
``(gg) Agency Reserves for Housing Choice Vouchers.--
``(1) Authority.--Each public housing agency may maintain a
reserve of amounts for tenant-based assistance in an amount not
to exceed four percent of the amount provided to the agency
under its annual contributions contract in effect at such time.
``(2) Annual replenishment.--To the extent that amounts are
expressly made available for use under this subsection, at the
beginning of the funding cycle for each calendar year, the
Secretary shall provide to the reserves of each public housing
agency an amount sufficient so that the aggregate amount of
such reserves are equal to two percent of the amount provided
to the agency under its annual contributions contract for such
calendar year.
``(3) Prohibition of recapture.--The Secretary may not
recapture any reserve amounts maintained by a public housing
agency pursuant to this subsection that do not exceed the four
percent limitation referred to in paragraph (1).
``(4) Use.--Amounts in the reserve of a public housing
agency under this subsection shall be available to the agency
for use for unmet needs for tenant-based rental assistance and
to support additional vouchers.
``(5) Use of recaptured reserve amounts.--Any reserve
amounts in excess of the four percent limitation referred to in
paragraph (1) that are recaptured by the Secretary shall be
available to the Secretary only for tenant-based contract
renewals under subsection (ff) and for replenishment of
reserves pursuant to paragraph (2) of this subsection.
``(hh) Budget Information.--The Secretary shall provide to the
Congress, and make publicly available, the following information:
``(1) Budget information.--In the annual budget
justifications of the Department of Housing and Urban
Development, the Secretary shall include information
identifying, with respect to the upcoming calendar year funding
cycle for which such justifications are made--
``(A) the number and percentage of authorized
vouchers leased in the most recent 12-month period for
which data is available and their average cost;
``(B) the administrative fees earned by public
housing agencies in such most recent 12-month period;
``(C) the funding allocated in such most recent 12-
month period to public housing agencies with special
voucher funding agreements under the Moving to Work
demonstration program;
``(D) the best estimate available for such upcoming
calendar year of the likely applicable weighted average
annual adjustment factor under subsection (ff)(1)(A);
and
``(E) for such upcoming calendar year, an estimate
of adjustments required under subsection (ff)(1)(B) and
the number of vouchers that will be eligible for
renewal funding after the adjustments required by
subsection (ff)(3)(A)(i).
``(2) Updated information.--Not later than April 30 and
August 31 of each year, the Secretary shall provide updated
leasing and cost data and the final weighted average annual
adjustment factor under subsection (ff)(1)(A) that will be
applicable in the subsequent calendar year. In each year, the
Secretary shall provide revised updates, as appropriate, on a
timely basis before the enactment of the annual appropriations
Act for the Department of Housing and Urban Development.
``(3) Annual report.--The Secretary shall submit a report
annually on the extent to which public housing agencies are
providing the appropriate amount of subsidy for each family
assisted with tenant-based rental assistance, based on tenant
incomes and reasonable rents in the community and existing
policies of the Secretary. Each such report shall include data
from monitoring by the Quality Assurance Division of the
Department and shall compare current rates of correct subsidy
payments to such rates for the preceding year.
``(ii) Maximized Leasing.--
``(1) In general.--In each year, a public housing agency
may use amounts provided to the agency for tenant-based rental
assistance for such year to provide assistance on behalf of as
many families as the agency determines is possible,
notwithstanding the number of vouchers authorized for the
agency for such year for purposes of allocation of amounts.
``(2) Prohibition on consideration of overleasing data.--
In determining the allocation baseline for vouchers or the
authorized level of vouchers for any public housing agency for
any year, the Secretary may not take into consideration the
extent to which the number of families assisted in the
preceding year by the agency exceeded such authorized level.
``(3) Prohibition of limitation on overleasing.--
``(A) In general.--Except as provided in
subparagraph (B) and notwithstanding any other
provision of law, the Secretary may not establish,
implement, carry out, or enforce any limitation on the
number of--
``(i) families that may be assisted by a
public housing agency with amounts provided to
the agency for tenant-based rental assistance;
``(ii) vouchers that an agency may fund
using such amounts; or
``(iii) units or unit-months that an agency
may have under lease using such amounts
``(B) Exception.--If the Secretary determines that
a public housing agency has engaged in financial
mismangement involving leasing in excess of the
agency's authorized level of vouchers, the prohibition
under subparagraph (A) shall not apply to such agency.
``(jj) Authorization of Appropriations for Tenant-Based
Assistance.--There are authorized to be appropriated in each fiscal
year such sums as may be necessary for tenant-based rental assistance
for--
``(1) renewal of all expiring annual contributions
contracts for such assistance in accordance with subsection
(ff) in the amount necessary to avoid proration under paragraph
(3) of such subsection; and
``(2) restoring and replenishing all public housing
agency's reserves under subsection (gg) in the amount required
under paragraph (2) of such subsection for such year.''. | Housing Choice Voucher Funding Fairness Act of 2006 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development (HUD) to allocate certain funds for renewal of expiring annual contributions contracts for tenant-based rental assistance for each public housing agency (other than an agency with a special funding agreement under the Moving To Work demonstration program) based on the most recent leasing and cost data for certain funding cycles.
Prescribes implementation guidelines, including agency reserves for housing choice vouchers.
Requires the Secretary to provide to Congress and make publicly available specified budget information.
Sets forth guidelines for maximized leasing that prohibit the Secretary from: (1) taking into consideration the extent to which the number of families assisted in the preceding year by an agency exceeded the authorized level; or (2) establishing or enforcing any limitation on the number of families, vouchers, or units or unit-months that may be assisted with amounts provided for tenant-based rental assistance. | {"src": "billsum_train", "title": "To make funding for the housing choice voucher program of the Department of Housing and Urban Development more reliable and predictable at the local level, and for other purposes."} | 2,318 | 210 | 0.652185 | 1.884532 | 0.851201 | 4.814815 | 11.751323 | 0.910053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Alternative
Voluntary Expenditure Act of 2003''.
SEC. 2. ELECTION TO WAIVE PAYMENT OF SOCIAL SECURITY BENEFITS.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``election to waive payment of benefits
``In General
``Sec. 235. (a) An individual who is not entitled to old-age
insurance benefits under section 202(a) but who is eligible for such
benefits may elect to waive payment of all benefits under this title
based on such individual's wages and self-employment income. Such
election shall be irrevocable and shall be made in such manner and form
as the Commissioner of Social Security, in consultation with the
Secretary of the Treasury, shall prescribe in regulations.
``Effect of Election
``(b) Effective with the date of the filing of an election by an
individual with the Commissioner under subsection (a), all benefits
under this title based on the wages and self-employment income of such
individual shall not be payable to any person.
``Certification of Value of Refused Benefits
``(c)(1) An individual's election filed with the Commissioner under
subsection (a) shall indicate whether such individual intends to claim
income tax deductions under section 223 of the Internal Revenue Code of
1986 in connection with such election. In any case in which such
individual indicates such intention in such election, as soon as
practicable after the date of the filing of such election, the
Commissioner shall determine the actuarial present value of the future
benefits which are not payable under this title based on such
individual's wages and self-employment income but which would be
payable (upon prompt application therefor) if such individual had filed
with the Commissioner, in lieu of the election, an application for old-
age insurance benefits under section 202(a).
``(2) In the case of any person who, as of immediately before the
date on which an individual makes an election under subsection (a), is
a divorced spouse of such individual, the Commissioner shall determine
the actuarial present value of the future benefits which would have
been payable to such divorced spouse (but for such election) under
section 202(b)(5) or 202(c)(5) (based on current entitlement or upon
timely and prompt filing on or after such date of an application for
such benefits under such section) on the basis of such individual's
wages and self-employment income and future benefits which would have
been payable to such divorced spouse under section 202(e) or 202(f)
upon such individual's death thereafter on the basis of such wages and
self-employment income.
``(3) Upon making any determination under paragraph (1) in
connection with an election made under subsection (a), the Commissioner
shall certify such determination to the Secretary of the Treasury and
to the individual making such election. Upon making any determination
with respect to a divorced spouse under paragraph (2), the Commissioner
shall certify such determination to such Secretary and such divorced
spouse.
``(4) The Commissioner shall prescribe by regulation, in advance of
making actuarial determinations under this subsection, reasonable
actuarial assumptions and methods which shall be employed in making
such determinations. Such regulations shall also require inclusion with
any election filed by an individual under subsection (a) such
information available to such individual as the Commissioner considers
necessary for making determinations under this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to elections filed after 180 days after the date of the
enactment of this Act.
SEC. 3. DEDUCTION FOR ACTUARIAL PRESENT VALUE OF WAIVED OLD-AGE
INSURANCE BENEFITS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 223
as section 224 and by inserting after section 222 the following new
section:
``SEC. 223. ACTUARIAL PRESENT VALUE OF WAIVED OLD-AGE INSURANCE
BENEFITS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for each specified taxable year an
amount equal to 20 percent of--
``(1) in the case of an individual who elects to waive the
payment of benefits under section 235(a) of the Social Security
Act, the actuarial present value of future benefits determined
by the Commissioner of Social Security under section 235(c)(1)
of such Act with respect to such individual, and
``(2) in the case of an individual who, as of immediately
before the date of the election referred to in paragraph (1),
is a divorced spouse of an individual referred to in paragraph
(1), the actual present value of future benefits determined by
the Commissioner of Social Security under section 235(c)(2) of
such Act with respect to such divorced spouse.
``(b) Specified Taxable Year.--For purposes of this section, the
term `specified taxable year' means the taxable year which includes the
date of the election referred to in subsection (a)(1) and each of the 4
succeeding taxable years.''.
(b) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 223. Actuarial present value of
waived old-age insurance
benefits.
``Sec. 224. Cross reference.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. INTEREST RATES FOR SPECIAL GOVERNMENT OBLIGATIONS ISSUED TO THE
SOCIAL SECURITY TRUST FUNDS.
(a) In General.--The fifth sentence of section 201(d) of the Social
Security Act (42 U.S.C. 401(d)) is amended by striking ``shall bear
interest'' and all that follows and inserting the following: ``shall
bear interest at a rate equal to the average of prevailing market
yields for comparable obligations issued in the private sector
(computed by the Managing Trustee on the basis of market quotations as
of the end of the calendar month next preceding the date of such
issue).''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to obligations issued after the date of the enactment of
this Act. | Social Security Alternative Voluntary Expenditure Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize individuals eligible for OASDI benefits to elect to waive payment of all benefits based on their wages and self-employment income.
Amends the Internal Revenue Code to allow a deduction of 20 percent of the actuarial present value of future benefits foregone by reason of such an election. Provides a tax deduction, as well, for the divorced spouse of an individual making a waiver under this Act.
Amends SSA title II to require special Government obligations issued for purchase by the social security trust funds to bear interest at the average market yield then prevailing for comparable obligations issued in the private sector. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act and the Internal Revenue Code of 1986 to provide for an election by individuals eligible for old-age insurance benefits under such title to waive payment of benefits based on their work record, to provide for income tax deductions based on the actuarial present value of benefits foregone by reason of such an election, and to provide that special Government obligations issued exclusively for purchase by the Social Security Trust Funds shall bear interest at the average market yield then prevailing for comparable obligations issued in the private sector."} | 1,503 | 177 | 0.549283 | 1.54174 | 0.690852 | 3.013986 | 9.286713 | 0.86014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Birth Defects and Developmental
Disabilities Prevention Act of 2002''.
SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL
DISABILITIES.
Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) by striking ``and developmental
disabilities'' and inserting ``, developmental
disabilities, and disabilities and health'';
and
(ii) by striking ``subsection (d)(2)'' and
inserting ``subsection (c)(2)'';
(B) in subparagraph (B), by striking ``and'' at the
end;
(C) in subparagraph (C), by striking the period;
and
(D) by adding at the end the following:
``(D) to conduct research on and to promote the
prevention of such birth defects, disabilities, and the
prevention of secondary health conditions among
individuals with disabilities; and
``(E) to support a National Spina Bifida Program to
prevent and reduce suffering from the nation's most
common permanently disabling birth defect.'';
(2) by striking subsection (b);
(3) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``1999'' and inserting ``2004'';
(B) by striking paragraph (1) and inserting the
following:
``(1) contains information regarding the incidence and
prevalence of birth defects, developmental disabilities, and
the health status of individuals with disabilities and the
extent to which these conditions have contributed to the
incidence and prevalence of infant mortality and affected
quality of life;'';
(C) in paragraph (3), by inserting ``,
developmental disabilities, and secondary health
conditions among individuals with disabilities'' after
``defects'';
(D) in paragraph (4), by striking ``and'' at the
end;
(E) by redesignating paragraph (5) as paragraph
(7); and
(F) by inserting after paragraph (4), the
following:
``(5) contains information on the incidence and prevalence
of individuals living with birth defects and disabilities,
developmental disabilities, and the health status of
individuals with disabilities, any health disparities
experienced by such individuals, and recommendations for
improving the health and wellness and quality of life of such
individuals;
``(6) contains a summary of recommendations from all birth
defects research conferences sponsored by the agency including
conferences related to spina bifida; and'';
(4) in subsection (e)--
(A) by inserting ``, including section 444 of the
General Education Provisions Act,'' after ``privacy of
information''; and
(B) by inserting before the period the following:
``, except that the Centers for Disease Control and
Prevention shall have access to information under
section 444(b)(1)(F) of such Act solely for purposes of
carrying out subsection (a)(2) of this section and
shall otherwise comply with all other requirements of
such section 444'';
(5) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively;
(6) by inserting after subsection (d) (as so redesignated),
the following:
``(e) Advisory Committee.--Notwithstanding any other provision of
law, the members of the advisory committee appointed by the Director of
the National Center for Environmental Health that have expertise in
birth defects, developmental disabilities, and disabilities and health
shall be transferred to and shall advise the National Center on Birth
Defects and Developmental Disabilities on the date of enactment of the
Birth Defects and Developmental Disabilities Prevention Act of 2002.'';
and
(7) in subsection (f), by striking ``$30,000,000'' and all
that follows and inserting ``such sums as may be necessary for
each of fiscal yeas 2003 through 2007.''.
SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL
DISABILITIES
Section 122(a) of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 3 U.S.C. 15022(a)) is amended--
(1) in paragraph (3)(A)(ii), by inserting before the period
the following: ``, the amount received by the State for the
previous year, or the amount of Federal appropriations received
in fiscal years 2000, 2001, or 2002, whichever is greater'';
and
(2) in paragraph (4)(A)(ii), by inserting before the period
the following: ``, the amount received by the State for the
previous year, or the amount of Federal appropriations received
in fiscal years 2000, 2001, or 2002, whichever is greater''.
Passed the Senate October 2, 2002.
Attest:
JERI THOMSON,
Secretary. | Birth Defects and Developmental Disabilities Prevention Act of 2002 - (Sec. 2) Amends Public Health Service Act provisions concerning the National Center on Birth Defects and Developmental Disabilities to add "disabilities and health" to categories of data with regard to which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.Removes certain provisions regarding data collection, including one requiring the Secretary to collect and analyze data by gender and ethnic and racial group. Modifies reporting requirements, including to require the Secretary to report to Congress on the incidence and prevalence of individuals living with developmental disabilities and the health status of such individuals. Declares that certain data and information collected under the Act shall be subject to a specified provision of the General Education Provisions Act pertaining to privacy.Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects on the date of the enactment of this Act.Authorizes appropriations through FY 2007.(Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise provisions concerning allotments to State councils on developmental disabilities. | {"src": "billsum_train", "title": "A bill to revise and extend the Birth Defects Prevention Act of 1998."} | 1,117 | 348 | 0.632548 | 1.815736 | 0.753237 | 3.98913 | 3.73913 | 0.815217 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``State Business Law Conformity Act of
2004''.
SEC. 2. REFERENCES TO GENERAL PARTNERS.
(a) Exclusion of Certain Active Businesses From at Risk Rules.--
Subclause (I) of section 465(c)(7)(D)(ii) of the Internal Revenue Code
of 1986 (defining qualified corporate partner) is amended to read as
follows:
``(I) such corporation is not
prohibited or limited under State law
from participation in the management or
business of the partnership.''.
(b) Payments to Retiring Partners.--Subparagraph (B) of section
736(b)(3) of such Code (relating to limitation on application of
paragraph (2)) is amended to read as follows:
``(B) any portion of the retiring or deceased
partner's distributive share of partnership income was
subject to tax under section 1401.''.
(c) Foreign Currency Transactions.--Subclause (I) of section
988(c)(1)(E)(v) of such Code is amended to read as follows:
``(I) Certain general partners.--
The interest of a partner in the
partnership shall not be treated as
failing to meet the 20-percent
ownership requirements of clause
(iii)(I) for any taxable year of the
partnership if for the taxable year of
the partner in which such partnership
taxable year ends--
``(aa) the partner is not
limited as to participation in
the management or activity of
the qualified fund, and
``(bb) such partner (and
each corporation filing a
consolidated return with such
partner) had no ordinary income
or loss from a section 988
transaction which is foreign
currency gain or loss (as the
case may be).''.
(d) Special Valuation Rules for Generation-Skipping Tax.--Clause
(ii) of section 2701(b)(2)(B) of such Code (relating to partnerships)
is amended to read as follows:
``(ii) in the case of a limited
partnership, the holding of any interest as a
partner who is not limited as to participation
in management or activity of the
partnership.''.
(e) Tax Matters Partner.--Paragraph (7) of section 6231(a) of such
Code (defining tax matters partner) is amended to read as follows:
``(7) Tax matters partner.--
``(A) In general.--The tax matters partner of any
partnership is--
``(i) the partner designated as the tax
matters partner as provided in regulations, or
``(ii) if there is no partner who has been
so designated, the partner having the largest
profits interest in the partnership at the
close of the taxable year involved (or, where
there is more than 1 such partner, the 1 of
such partners whose name would appear first in
an alphabetical listing).
``(B) Selection by secretary.--If there is no
partner designated under subparagraph (A)(i) and the
Secretary determines that it is impracticable to apply
subparagraph (A)(ii), the partner selected by the
Secretary shall be treated as the tax matters partner.
The Secretary shall, within 30 days of selecting a tax
matters partner under the preceding sentence, notify
all partners required to receive notice under section
6223(a) of the name and address of the person selected.
``(C) Restriction on designation of partner.--A
partner may not be designated as a tax matters partner
under subparagraph (A)(i) unless such partner is not
limited as to participation in management or activity
of the partnership.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 3. REFERENCES TO LIMITED PARTNERS.
(a) Limited Entrepreneur.--
(1) In general.--Subparagraph (A) of section 464(e)(2) of
the Internal Revenue Code of 1986 (defining limited
entrepreneur) is amended by striking ``other than as a limited
partner''.
(2) Conforming amendments.--
(A) Section 464(c) of such Code is amended--
(i) by striking ``limited partners or'' in
paragraph (1)(B),
(ii) by striking ``a limited partner or''
in paragraph (2).
(B) Section 1256 of such Code is amended--
(i) by striking ``limited partners or''
each place it appears in subsections (e)(3)(B)
and (f)(4),
(ii) by striking ``a limited partner or''
in subsection (e)(3)(C), and
(iii) by striking ``limited partner or''
both places it appears in the heading and text
of subsection (e)(4)(A)(i).
(C) Section 1258(d)(5)(C) of such Code is amended--
(i) by striking ``limited partner or'' in
the matter preceding subclause (i),
(ii) by striking ``limited partner's (or
limited entrepreneur's) in subclause (i) and
inserting ``limited entrepreneur's'', and
(iii) by striking ``partners and limited''
in the heading.
(b) Passive Loss Rules.--
(1) Subsection (h) of section 469 of such Code is amended
by striking paragraph (2) and by redesignating paragraphs (3),
(4), and (5) as paragraphs (2), (3), and (4), respectively.
(2) Subparagraph (A) of section 469(c)(7) of such Code is
amended by striking the last sentence.
(3) Paragraph (6) of section 469(i) of such Code is amended
by striking subparagraph (C) and by redesignating subparagraph
(D) as subparagraph (C).
(4) Subsection (f) of section 772 of such Code (relating to
special rules for applying passive loss limitations) is amended
to read as follows:
``(f) Special Rules for Applying Passive Loss Limitations.--
``(1) In general.--If any person holds an interest in an
electing large partnership other than as a partner described in
paragraph (3)--
``(A) paragraph (2) of subsection (c) shall not
apply to such partner, and
``(B) such partner's distributive share of the
partnership items allocable to passive loss limitation
activities shall be taken into account separately to
the extent necessary to comply with the provisions of
section 469.
``(2) Exception.--Paragraph (1) shall not apply to any
items allocable to an interest held as a partner described in
paragraph (3).
``(3) Partner described.--For purposes of this subsection,
a partner is described in this paragraph if the partner is a
person whose participation in the management or business
activity of the partnership is limited under applicable State
law.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 4. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET
EARNINGS FROM SELF-EMPLOYMENT.
(a) In General.--Paragraph (13) of section 1402(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(13) there shall be excluded the distributive share of
net income of a partner attributable to capital;''.
(b) Partnership Income Attributable to Capital.--Section 1402 of
such Code is amended by adding at the end the following new subsection:
``(l) Partnership Income Attributable to Capital.--
``(1) In general.--For purposes of subsection (a)(13), the
following amounts shall be treated as income attributable to
capital--
``(A) the amount, if any, in excess of what would
constitute reasonable compensation for services
rendered by such partner to the partnership, and
``(B) an amount equal to a reasonable rate of
return on unreturned capital of the partner determined
as of the beginning of the taxable year.
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Unreturned capital.--The term `unreturned
capital' means the excess of the aggregate amount of
money and the fair market value as of the date of
contribution of other consideration (net of
liabilities) contributed by the partner over the
aggregate amount of money and the fair market value as
of the date of distribution of other consideration (net
of liabilities) distributed by the partnership to the
partner, increased or decreased for the partner's
distributive share of all reportable items as
determined in section 702. If the partner acquires a
partnership interest and the partnership makes an
election under section 754, the partner's unreturned
capital shall take into account appropriate adjustments
under section 743.
``(B) Reasonable rate of return.--A reasonable rate
of return on unreturned capital shall equal 150 percent
(or such higher rate as is established in regulations)
of the highest applicable Federal rate, as determined
under section 1274(d)(1), at the beginning of the
partnership's taxable year.
``(3) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to services performed in taxable years beginning
after December 31, 2004.
SEC. 5. REPEAL OF ABILITY TO ELECT LARGE PARTNERSHIP REPORTING RULES.
(a) In General.--Paragraph (2) of section 775(a) of the Internal
Revenue Code of 1986 (relating to election) is amended by adding at the
end the following: ``No election under this subsection shall be made
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall apply
to partnership taxable years beginning after December 31, 2004. | State Business Law Conformity Act of 2004 - Amends the Internal Revenue Code to: (1) revise certain partnership tax definitions and rules relating to general and limited partners; (2) exclude from net earnings from self-employment partnership income attributable to capital; and (3) repeal, after 2004, the election to apply large partnership (100 partners or more) tax rules. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to simplify the taxation of partnerships."} | 2,233 | 77 | 0.504568 | 1.28518 | 0.74582 | 2.520548 | 27.30137 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Affordability Act of
2010''.
SEC. 2. CAPITALIZATION GRANT AGREEMENTS.
Section 602(b) of the Federal Water Pollution Control Act (33
U.S.C. 1382(b)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following:
``(11) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2011, to provide assistance to
municipalities of fewer than 10,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for activities included on the State's priority list
established under section 603(g), to the extent that there are
sufficient applications for such assistance.''.
SEC. 3. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Extended Repayment Period.--Section 603(d)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A) by striking ``20 years'' and
inserting ``the lesser of 30 years or the design life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B) by striking ``not later than 20
years after project completion'' and inserting ``upon the
expiration of the term of the loan''.
(b) Additional Subsidization.--Section 603 of such Act (33 U.S.C.
1383) is amended by adding at the end the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or intermunicipal, interstate, or
State agency under subsection (d), the State may provide
additional subsidization, including forgiveness of principal
and negative interest loans to benefit a municipality that--
``(A) meets the State's affordability criteria
established under paragraph (2); or
``(B) does not meet the State's affordability
criteria if the recipient--
``(i) seeks additional subsidization to
benefit individual ratepayers in the
residential user rate class;
``(ii) demonstrates to the State that such
ratepayers will experience a significant
hardship from the increase in rates necessary
to finance the project or activity for which
assistance is sought; and
``(iii) ensures, as part of an assistance
agreement between the State and the recipient,
that the additional subsidization provided
under this paragraph is directed through a user
charge rate system (or other appropriate
method) to such ratepayers; or
``(2) Affordability criteria.--
``(A) Establishment.--On or before September 30,
2011, and after providing notice and an opportunity for
public comment, a State shall establish affordability
criteria to assist in identifying municipalities that
would experience a significant hardship raising the
revenue necessary to finance a project or activity
eligible for assistance under section 603(c)(1) if
additional subsidization is not provided. Such criteria
shall be based on income data, population trends, and
other data determined relevant by the State, including
whether the project or activity is to be carried out in
an economically distressed area, as described in
section 301 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161).
``(B) Existing criteria.--If a State has previously
established, after providing notice and an opportunity
for public comment, affordability criteria that meet
the requirements of subparagraph (A), the State may use
the criteria for the purposes of this subsection. For
purposes of this Act, any such criteria shall be
treated as affordability criteria established under
this paragraph.
``(C) Information to assist states.--The
Administrator may publish information to assist States
in establishing affordability criteria under
subparagraph (A).
``(3) Limitation.--The total amount of additional
subsidization provided under this subsection by a State may not
exceed 30 percent of the total amount of capitalization grants
received by the State under this title in fiscal years
beginning after September 30, 2011.''.
SEC. 4. UPDATING OF GUIDANCE.
(a) Definitions.--In this section, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(3) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality-related
improvements, taking into consideration the criteria described
in subsection (b)(2)(A).
(4) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to combined sewer overflows and sanitary sewer overflows.
(b) Updating.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Administrator shall update the
guidance to ensure that the evaluations by the Administrator of
financial capability assessment and schedule development meet
the criteria described in paragraph (2).
(2) Criteria.--The criteria described in this paragraph are
that, under the updated guidance--
(A) in assessing the financial capability of a
community--
(i) greater emphasis should be placed on
local economic conditions;
(ii) for regional systems, consideration
should be given to the economic conditions of
political jurisdictions and significant
demographic groups within each region;
(iii) prescriptive formulas for use in
calculating financial capability and thresholds
for expenditure should not be considered to be
the only indicator of the financial capability
of a community;
(iv) site-specific local conditions should
be taken into consideration in analyzing
financial capability;
(v) a single measure of financial
capability or affordability (such as median
household income) should be viewed in the
context of other economic measures, rather than
as a threshold to be achieved; and
(vi)(I) consideration should be given to
the economic outlook of a community, including
the potential impact of program requirements
over time, in the development of implementation
schedules; and
(II) the assessment should take into
consideration other essential community
investments relating to water quality
improvements;
(B) with respect to the timing of implementation of
water quality-related improvements--
(i) environmental improvement
implementation schedules should be structured
to mitigate the potential adverse impact on
distressed populations resulting from the costs
of the improvements; and
(ii) implementation schedules should
reflect local community financial conditions
and economic impacts;
(C) with respect to implementation of
methodologies--
(i) a determination of local financial
capability may be achieved through an
evaluation of an array of factors the relative
importance of which may vary across regions and
localities; and
(ii) an appropriate methodology should give
consideration to such various factors as are
appropriate to recognize the prevailing and
projected economic concerns in a community; and
(D) the residential indicator should be revised to
include--
(i) a consideration of costs imposed upon
ratepayers for essential utilities;
(ii) increased consideration and
quantification of local community-imposed costs
in regional systems;
(iii) a mechanism to assess impacts on
communities with disparate economic conditions
throughout the entire service area of a
utility;
(iv) a consideration of the industrial and
population trends of a community;
(v) recognition that--
(I) the median household income of
a service area reflects a numerical
median rather than the distribution of
incomes within the service area; and
(II) more representative methods of
determining affordability, such as
shelter costs, essential utility
payments, State affordability criteria,
and State and local tax efforts, should
be considered;
(vi) a consideration of low-income
ratepayer percentages; and
(vii) impacts relating to program delivery,
such as water quality infrastructure market
saturation and program management.
(3) Implementation.--The updated guidance should indicate
that, in a case in which a previously approved long-term
control plan or associated enforceable agreement allows for
modification of the plan or terms of the agreement (including
financial capability considerations), and all parties are in
agreement that a change is needed or that the plan or agreement
contains a reopener provision to address changes in the
economic or financial status of the community since the
effective date of the plan or agreement, reconsideration and
modification of financial capability determinations and
implementation schedules based on the criteria described in
paragraph (2) is appropriate.
(c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance. | Clean Water Affordability Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to revise requirements for capitalization grant agreements with states for establishing water pollution control revolving funds. Requires states to set aside 15% of funds for assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria. Authorizes the fund to be used to make loans at terms not to exceed 30 years or the design life of the project to be financed with the proceeds of the loan (currently 20 years). Authorizes a state to provide additional subsidization, including forgiveness of principal and negative interest loans, to benefit a municipality that: (1) meets affordability criteria, or (2) does not meet such criteria if the recipient seeks the additional subsidization to benefit ratepayers that will experience a significant hardship from the increase in rates necessary to finance the project or activity for which assistance is sought. Establishes affordability criteria to assist in identifying municipalities that would experience a significant hardship raising the revenue necessary to finance a project or activity eligible for assistance.
Requires the Administrator of the Environmental Protection Agency (EPA) to update the guidance entitled "Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development," dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in: (1) assessing financial capability of a community to make investments necessary to make water quality-related improvements, and (2) implementing water quality-related improvements. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to assist municipalities that would experience a significant hardship raising the revenue necessary to finance projects and activities for the construction of wastewater treatment works, and for other purposes."} | 2,055 | 340 | 0.628934 | 2.01417 | 0.827292 | 4.227119 | 6.522034 | 0.925424 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Estate Tax
Elimination Act of 2001''.
(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. REPEAL OF ESTATE, GIFT, AND GENERATION-SKIPPING TAXES.
(a) In General.--Subtitle B is hereby repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to the estates of decedents dying, and gifts and generation-skipping
transfers made, after the date of the enactment of this Act.
SEC. 3. PRESERVATION OF STEP UP IN BASIS OF CERTAIN PROPERTY ACQUIRED
FROM A DECEDENT.
(a) In General.--Subsection (a) of section 1014 (relating to basis
of property acquired from a decedent) is amended to read as follows:
``(a) Step up in Basis.--
``(1) In general.--Except as otherwise provided in this
section, the basis of property in the hands of a person
acquiring the property from a decedent or to whom the property
passed from a decedent shall, if not sold, exchanged, or
otherwise disposed of before the decedent's death by such
person, be the fair market value of the property at the date of
the decedent's death.
``(2) Limitation.--The aggregate fair market value of
property which may be taken into account under paragraph (1)
shall not exceed the sum of--
``(A) the aggregate basis of all property described
in paragraph (1) in the hands of the decedent, plus
``(B) $2,800,000.
``(3) Allocation of amount.--The executor shall allocate
the limitation under paragraph (2)(B) to the extent the
aggregate fair market value exceeds the aggregate basis under
paragraph (2).
``(4) Inflation adjustment of excepted amounts.--In the
case of decedents dying in a calendar year after 2001, the
dollar amount in paragraph (2)(B) shall be increased by an
amount equal to the product of--
``(A) such dollar amount, and
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year,
determined by substituting `2000' for `1992' in
subparagraph (B) thereof.
If any increase determined under the preceding sentence is not
a multiple of $10,000, such increase shall be rounded to the
nearest multiple of $10,000.''.
(b) Regulations.--Section 1014 is amended by adding at the end the
following new subsection:
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(c) Conforming Amendments.--
(1) Adjustment to basis.--Subsection (a) of section 1016
(relating to adjustments to basis) is amended by striking
``and'' at the end of paragraph (26), by striking the period at
the end of paragraph (27) and inserting ``, and'', and by
adding at the end the following:
``(28) to the extent provided in section 1014 (relating to
step up in basis of certain property acquired from a
decedent).''.
(2) The heading for section 1014 is amended by striking
``basis of property'' and inserting ``step up in basis of
certain property''.
(3) The item relating to section 1014 in the table of
sections for part II of subchapter O of chapter 1 is amended by
striking ``Basis of property'' and inserting ``Step up in basis
of certain property''.
(d) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after the date of the enactment
of this Act.
SEC. 4. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A DECEDENT.
(a) General Rule.--Part II of subchapter O of chapter 1 (relating
to basis rules of general application) is amended by inserting after
section 1021 the following new section:
``SEC. 1022. CARRYOVER BASIS FOR CERTAIN PROPERTY ACQUIRED FROM A
DECEDENT.
``(a) Carryover Basis.--Except as otherwise provided in this
section, the basis of carryover basis property in the hands of a person
acquiring such property from a decedent shall be determined under
section 1015.
``(b) Carryover Basis Property Defined.--
``(1) In general.--For purposes of this section, the term
`carryover basis property' means any property--
``(A) which is acquired from or passed from a
decedent who died after the date of the enactment of
this section, and
``(B) which is not excluded pursuant to paragraph
(2).
The property taken into account under subparagraph (A) shall be
determined under section 1014(b) without regard to subparagraph
(A) of the last sentence of paragraph (9) thereof.
``(2) Certain property not carryover basis property.--The
term `carryover basis property' does not include--
``(A) any item of gross income in respect of a
decedent described in section 691, and
``(B) any property for which basis is provided by
section 1014.''.
(b) Information Returns.--
(1) In general.--Subpart A of part III of subchapter A of
chapter 61 (relating to information concerning persons subject
to special provisions) is amended by adding after section 6039G
the following:
``SEC. 6039H. INFORMATION REGARDING PROPERTY ACQUIRED FROM A DECEDENT.
``Every executor shall furnish the Secretary such information with
property to which section 1014 or 1022 applies as the Secretary may by
regulations prescribe.''.
(2) Conforming amendment.--The table of sections for
subpart A of part III of subchapter A of chapter 61 of such
Code is amended by adding after the item relating to section
6039G the following:
``Sec. 6039H. Information regarding
property acquired from a
decedent.''.
(c) Miscellaneous Amendments Related To Carryover Basis.--
(1) Capital gain treatment for inherited art work or
similar property.--
(A) In general.--Subparagraph (C) of section
1221(a)(3) (defining capital asset) is amended by
inserting ``(other than by reason of section 1022)''
after ``is determined''.
(B) Coordination with section 170.--Paragraph (1)
of section 170(e) (relating to certain contributions of
ordinary income and capital gain property) is amended
by adding at the end the following: ``For purposes of
this paragraph, the determination of whether property
is a capital asset shall be made without regard to the
exception contained in section 1221(a)(3)(C) for basis
determined under section 1022.''.
(2) Definition of executor.--Section 7701(a) (relating to
definitions) is amended by adding at the end the following:
``(47) Executor.--The term `executor' means the executor or
administrator of the decedent, or, if there is no executor or
administrator appointed, qualified, and acting within the
United States, then any person in actual or constructive
possession of any property of the decedent.''.
(3) Clerical amendment.--The table of sections for part II
of subchapter O of chapter 1 is amended by adding at the end
the following new item:
``Sec. 1022. Carryover basis for certain
property acquired from a
decedent.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Estate Tax Elimination Act of 2001 - Amends the Internal Revenue Code to eliminate Federal estate, gift, and transfer taxes. Limits the aggregate step up basis of certain property acquired from a decedent to the aggregate basis of such property plus $2.8 million. Provides for an inflation adjustment.States that the basis for carryover basis property (as defined by this Act) shall be determined under the provision respecting the basis of property acquired by gifts or transfers in trust (section 1015). Describes noncarryover basis property. Directs an executor to provide the Secretary of the Treasury with related information. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the Federal estate and gift taxes and the tax on generation-skipping transfers, to preserve a step up in basis of certain property acquired from a decedent, and for other purposes."} | 1,862 | 132 | 0.593923 | 1.606251 | 0.640049 | 2.198198 | 14.387387 | 0.846847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salt Cedar and Russian Olive Control
Demonstration Act''.
SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM.
(a) Establishment.--The Secretary of the Interior (referred to in
this Act as the ``Secretary''), acting through the Commissioner of
Reclamation and in cooperation with the Secretary of Agriculture and
the Secretary of Defense, shall carry out a salt cedar (Tamarix spp)
and Russian olive (Elaeagnus angustifolia) assessment and demonstration
program--
(1) to assess the extent of the infestation by salt cedar
and Russian olive trees in the western United States;
(2) to demonstrate strategic solutions for--
(A) the long-term management of salt cedar and
Russian olive trees; and
(B) the reestablishment of native vegetation; and
(3) to assess economic means to dispose of biomass created
as a result of removal of salt cedar and Russian olive trees.
(b) Assessment.--
(1) In general.--Not later than 1 year after the date on
which funds are made available to carry out this Act, the
Secretary shall complete an assessment of the extent of salt
cedar and Russian olive infestation on public and private land
in the western United States.
(2) Requirements.--In addition to describing the acreage of
and severity of infestation by salt cedar and Russian olive
trees in the western United States, the assessment shall--
(A) consider existing research on methods to
control salt cedar and Russian olive trees;
(B) consider the feasibility of reducing water
consumption by salt cedar and Russian olive trees;
(C) consider methods of and challenges associated
with the revegetation or restoration of infested land;
and
(D) estimate the costs of destruction of salt cedar
and Russian olive trees, related biomass removal, and
revegetation or restoration and maintenance of the
infested land.
(c) Long-Term Management Strategies.--
(1) In general.--The Secretary shall identify and document
long-term management and funding strategies that--
(A) could be implemented by Federal, State, and
private land managers in addressing infestation by salt
cedar and Russian olive trees; and
(B) should be tested as components of demonstration
projects under subsection (d).
(2) Grants.--The Secretary shall provide grants to
institutions of higher education to develop public policy
expertise in, and assist in developing a long-term strategy to
address, infestation by salt cedar and Russian olive trees.
(d) Demonstration Projects.--
(1) In general.--Not later than 180 days after the date on
which funds are made available to carry out this Act, the
Secretary shall establish a program that selects and funds not
less than 5 projects proposed by and implemented in
collaboration with Federal agencies, units of State and local
government, national laboratories, Indian tribes, institutions
of higher education, individuals, organizations, or soil and
water conservation districts to demonstrate and evaluate the
most effective methods of controlling salt cedar and Russian
olive trees.
(2) Project requirements.--The demonstration projects under
paragraph (1) shall--
(A) be carried out over a time period and to a
scale designed to fully assess long-term management
strategies;
(B) implement salt cedar or Russian olive tree
control using 1 or more methods for each project in
order to assess the full range of control methods,
including--
(i) airborne application of herbicides;
(ii) mechanical removal; and
(iii) biocontrol methods, such as the use
of goats or insects;
(C) individually or in conjunction with other
demonstration projects, assess the effects of and
obstacles to combining multiple control methods and
determine optimal combinations of control methods;
(D) assess soil conditions resulting from salt
cedar and Russian olive tree infestation and means to
revitalize soils;
(E) define and implement appropriate final
vegetative states and optimal revegetation methods,
with preference for self-maintaining vegetative states
and native vegetation, and taking into consideration
downstream impacts, wildfire potential, and water
savings;
(F) identify methods for preventing the regrowth
and reintroduction of salt cedar and Russian olive
trees;
(G) monitor and document any water savings from the
control of salt cedar and Russian olive trees,
including impacts to both groundwater and surface
water;
(H) assess wildfire activity and management
strategies;
(I) assess changes in wildlife habitat;
(J) determine conditions under which removal of
biomass is appropriate (including optimal methods for
the disposal or use of biomass); and
(K) assess economic and other impacts associated
with control methods and the restoration and
maintenance of land.
(e) Disposition of Biomass.--
(1) In general.--Not later than 1 year after the date on
which funds are made available to carry out this Act, the
Secretary, in cooperation with the Secretary of Agriculture,
shall complete an analysis of economic means to use or dispose
of biomass created as a result of removal of salt cedar and
Russian olive trees.
(2) Requirements.--The analysis shall--
(A) determine conditions under which removal of
biomass is economically viable;
(B) consider and build upon existing research by
the Department of Agriculture and other agencies on
beneficial uses of salt cedar and Russian olive tree
fiber; and
(C) consider economic development opportunities,
including manufacture of wood products using biomass
resulting from demonstration projects under subsection
(d) as a means of defraying costs of control.
(f) Costs.--
(1) In general.--With respect to projects and activities
carried out under this Act--
(A) the assessment under subsection (b) shall be
carried out at a cost of not more than $4,000,000;
(B) the identification and documentation of long-
term management strategies under subsection (c) shall
be carried out at a cost of not more than $2,000,000;
(C) each demonstration project under subsection (d)
shall be carried out at a Federal cost of not more than
$7,000,000 (including costs of planning, design,
implementation, maintenance, and monitoring); and
(D) the analysis under subsection (e) shall be
carried out at a cost of not more than $3,000,000.
(2) Cost-sharing.--
(A) In general.--The assessment under subsection
(b), the identification and documentation of long-term
management strategies under subsection (c), a
demonstration project or portion of a demonstration
project under subsection (d) that is carried out on
Federal land, and the analysis under subsection (e)
shall be carried out at full Federal expense.
(B) Demonstration projects carried out on non-
federal land.--
(i) In general.--The Federal share of the
costs of any demonstration project funded under
subsection (d) that is not carried out on
Federal land shall not exceed--
(I) 75 percent for each of the
first 5 years of the demonstration
project; and
(II) for the purpose of long-term
monitoring, 100 percent for each of
such 5-year extensions as the Secretary
may grant.
(ii) Form of non-federal share.--The non-
Federal share of the costs of a demonstration
project that is not carried out on Federal land
may be provided in the form of in-kind
contributions, including services provided by a
State agency or any other public or private
partner.
(g) Cooperation.--In carrying out the assessment under subsection
(b), the demonstration projects under subsection (d), and the analysis
under subsection (e), the Secretary shall cooperate with and use the
expertise of Federal agencies and the other entities specified in
subsection (d)(1) that are actively conducting research on or
implementing salt cedar and Russian olive tree control activities.
(h) Independent Review.--The Secretary shall subject to independent
review--
(1) the assessment under subsection (b);
(2) the identification and documentation of long-term
management strategies under subsection (c);
(3) the demonstration projects under subsection (d); and
(4) the analysis under subsection (e).
(i) Reporting.--
(1) In general.--The Secretary shall submit to Congress an
annual report that describes the results of carrying out this
Act, including a synopsis of any independent review under
subsection (h) and details of the manner and purposes for which
funds are expended.
(2) Public access.--The Secretary shall facilitate public
access to all information that results from carrying out this
Act.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $20,000,000 for fiscal year 2006; and
(2) $15,000,000 for each subsequent fiscal year. | Salt Cedar and Russian Olive Control Demonstration Act - Directs the Secretary of the Interior (the Secretary), acting through the Commissioner of Reclamation and in cooperation with the Secretary of Agriculture and the Secretary of Defense, to carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program to: (1) assess the extent of the infestation by salt cedar and Russian olive trees in the western United States; (2) demonstrate strategic solutions for the long-term management of such trees and the reestablishment of native vegetation; and (3) assess economic means to dispose of biomass created as a result of removal of those trees.
Requires the Secretary to: (1) complete an assessment of the extent of the infestation on public and private land; (2) identify and document long-term management and funding strategies that could be implemented by Federal, State, and private land managers in addressing the infestation and that should be tested as components of specified demonstration projects; and (3) establish a program that selects and funds at least five projects proposed by and implemented in collaboration with Federal agencies, State and local governments, national laboratories, Indian tribes, institutions of higher education, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees.
Directs the Secretary, in cooperation with the Secretary of Agriculture, to complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees.
Sets forth requirements regarding cost limitations and cost-sharing. Requires the Secretary to: (1) subject to independent review the assessment, identification and documentation of long-term management strategies, demonstration projects, and analysis; and (2) report annually to Congress. Authorizes appropriations for FY 2006 and beyond. | {"src": "billsum_train", "title": "A bill to further the purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes."} | 1,865 | 394 | 0.812886 | 2.898989 | 0.869032 | 5.685083 | 4.997238 | 0.939227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibition of Cigarette Sales to
Minors in Federal Buildings and Lands Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) cigarette smoking and the use of smokeless tobacco
products continue to represent major health hazards to the
Nation, causing approximately 434,000 deaths each year;
(2) cigarette smoking continues to be the single most
preventable cause of death and disability in the United States;
(3) tobacco products contain hazardous additives, gases,
and other chemical constituents dangerous to health;
(4) the use of tobacco products costs the United States
more than $60,000,000,000 in lost productivity and health care
costs;
(5) tobacco products contain nicotine, a poisonous,
addictive drug;
(6) despite the known adverse health effects associated
with tobacco, it remains one of the least regulated consumer
products and is readily available to children and adolescents
throughout the United States;
(7) 90 percent of adult smokers start smoking in
adolescence or childhood and continue to smoke throughout their
adult lives;
(8) each day, more than 3,000 children and adolescents
start smoking and collectively consume nearly one billion packs
of cigarettes per year;
(9) reliable studies indicate that tobacco is a gateway to
other, increasingly more harmful drugs, and that tobacco use
continues after use of other drugs begins; and
(10) the Congress of the United States has a major policy
setting role in ensuring that the use of tobacco products among
minors is discouraged to the maximum extent possible.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Federal agency'' means--
(A) an Executive agency as defined in section 105
of title 5, United States Code; and
(B) each entity specified in paragraphs (B) through
(H) of section 5721(1) of title 5, United States Code;
(2) the term ``Federal building'' means--
(A) any building or other structure owned in whole
or in part by the United States or any Federal agency,
including any such structure occupied by a Federal
agency under a lease agreement; and
(B) includes the real property on which such
building is located;
(3) the term ``minor'' means an individual under the age of
18 years; and
(4) the term ``tobacco product'' means cigarettes, cigars,
little cigars, pipe tobacco, smokeless tobacco, snuff, and
chewing tobacco.
SEC. 4. TOBACCO PRODUCTS VENDING MACHINE AND FREE SAMPLE BAN IN FEDERAL
BUILDINGS.
(a) In General.--No later than 45 days after the date of the
enactment of this Act, the Administrator of General Services and the
head of each Federal agency shall promulgate regulations that
prohibit--
(1) the sale of tobacco products in vending machines
located in or around any Federal building under the
jurisdiction of the Administrator or such agency head; and
(2) the distribution of free samples of tobacco products in
or around any Federal building under the jurisdiction of the
Administrator or such agency head.
(b) Exception.--The Administrator of General Services or the head
of an agency, as appropriate, may designate areas not subject to the
provisions of subsection (a), if such area also prohibits the presence
of minors.
(c) Jurisdiction of Federal Buildings and Administration.--The
provisions of this section shall be carried out--
(1) by the Administrator of General Services for any
Federal building which is maintained, leased, or has title of
ownership vested in the General Services Administration; or
(2) by the head of a Federal agency for any Federal
building which is maintained, leased, or has title of ownership
vested in such agency.
SEC. 5. COMPLIANCE REPORT.
No later than 90 days after the date of enactment of this Act, the
Administrator of General Services and each head of an agency shall
prepare and submit, to the appropriate committees of Congress, a report
that shall contain--
(1) verification that the Administrator or such head of an
agency is in compliance with this Act; and
(2) a detailed list of the location of all tobacco product
vending machines located in Federal buildings under the
administration of the Administrator or such head of an agency.
SEC. 6. APPLICATION TO THE UNITED STATES CAPITOL AND GROUNDS.
(a) In General.--No later than 45 days after the date of the
enactment of this Act, the Senate Committee on Rules and Administration
and the House of Representatives Committee on House Administration,
after consultation with the Architect of the Capitol, shall promulgate
regulations that--
(1) prohibit the sale of tobacco products in vending
machines in the Capitol Buildings; and
(2) prohibit the distribution of free samples of tobacco
products in the Capitol Buildings.
(b) Exception.--Such committees may designate areas where such
prohibition shall not apply, if such area also prohibits the presence
of minors.
(c) Definition.--For the purpose of this section the term ``Capitol
Buildings'' shall have the same meaning as such term is defined under
section 16(a)(1) of the Act entitled ``An Act to define the area of the
United States Capitol Grounds, to regulate the use thereof, and for
other purposes'', approved July 31, 1946 (40 U.S.C. 193m(1)).
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as restricting the authority
of the Administrator of General Services or the head of an agency to
limit tobacco product use in or around any Federal building, except as
provided under section 4(a). | Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act - Requires the Administrator of the General Services Administration and the head of each Federal agency to promulgate regulations that prohibit the sale of tobacco products in vending machines and the distribution of free samples of tobacco products in or around any Federal building under their jurisdiction. Sets forth similar requirements pertaining to the Capitol Buildings and grounds. | {"src": "billsum_train", "title": "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act"} | 1,238 | 90 | 0.47386 | 1.180591 | 0.861591 | 4.479452 | 15.945205 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Alva Edison Sesquicentennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Thomas Alva Edison, one of America's greatest
inventors, was born on February 11, 1847, in Milan, Ohio;
(2) the inexhaustible energy and genius of Thomas A. Edison
produced more than 1,300 inventions in his lifetime, including
the incandescent light bulb and the phonograph;
(3) in 1928, Thomas A. Edison received the Congressional
gold medal ``for development and application of inventions that
have revolutionized civilization in the last century''; and
(4) 1997 will mark the sesquicentennial of the birth of
Thomas A. Edison.
TITLE I--COMMEMORATIVE COINS
SEC. 101. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the sesquicentennial of the
birth of Thomas A. Edison, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue--
(1) not more than 350,000 $1 coins, each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper; and
(2) not more than 350,000 half dollar coins, each of which
shall--
(A) weigh 12.50 grams;
(B) have a diameter of 1.205 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this title 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 title shall be
considered to be numismatic items.
SEC. 102. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this
title only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 103. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
title shall be emblematic of the many inventions made by Thomas
A. Edison throughout his prolific life.
(2) Designation and inscriptions.--On each coin minted
under this title there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the years ``1847-1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this title shall bear the likeness of Thomas A. Edison.
(b) Design Competition.--Before the end of the 3-month period
beginning on the date of enactment of this Act, the Secretary shall
conduct an open design competition for the design of the obverse and
the reverse of the coins minted under this title.
(c) Selection.--The design for the coins minted under this title
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 104. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this title 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
title.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this title beginning on and after the date of enactment of this
Act.
(d) Termination of Minting Authority.--No coins may be minted under
this title after July 31, 1998.
SEC. 105. SALE OF COINS.
(a) Sale Price.--The coins issued under this title 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 title at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this title 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 of coins minted under this title shall
include a surcharge of--
(1) $14 per coin for the $1 coin; and
(2) $7 per coin for the half dollar coin.
SEC. 106. 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 this
title.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this title
from complying with any law relating to equal employment opportunity.
SEC. 107. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the first $7,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this title shall be
promptly paid by the Secretary as follows:
(1) Museum of arts and history.--Up to \1/7\ to the Museum
of Arts and History, in the city of Port Huron, Michigan, for
the endowment and construction of a special museum on the life of
Thomas A. Edison in Port Huron.
(2) Edison birthplace association.--Up to \1/7\ to the
Edison Birthplace Association, Incorporated, in Milan, Ohio, to
assist in the efforts of the association to raise an endowment
as a permanent source of support for the repair and maintenance
of the Thomas A. Edison birthplace, a national historic
landmark.
(3) National park service.--Up to \1/7\ to the National
Park Service, for use in protecting, restoring, and cataloguing
historic documents and objects at the ``invention factory'' of
Thomas A. Edison in West Orange, New Jersey.
(4) Edison plaza museum.--Up to \1/7\ to the Edison Plaza
Museum in Beaumont, Texas, for expanding educational programs
on Thomas A. Edison and for the repair and maintenance of the
museum.
(5) Edison winter home and museum.--Up to \1/7\ to the
Edison Winter Home and Museum in Fort Myers, Florida, for
historic preservation, restoration, and maintenance of the
historic home and chemical laboratory of Thomas A. Edison.
(6) Edison institute.--Up to \1/7\ to the Edison Institute,
otherwise known as ``Greenfield Village'', in Dearborn,
Michigan, for use in maintaining and expanding displays and
educational programs associated with Thomas A. Edison.
(7) Edison memorial tower.--Up to \1/7\ to the Edison
Memorial Tower in Edison, New Jersey, for the preservation,
restoration, and expansion of the tower and museum.
(b) Excess Payable to the National Numismatic Collection.--After
payment of the amounts required under subsection (a), the Secretary
shall pay the remaining surcharges to the National Museum of American
History in Washington, D.C., for the support of the National Numismatic
Collection at the museum.
(c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.
SEC. 108. 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 title will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this title
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.
TITLE II--CIRCULATING COINS
SEC. 201. AUTHORITY TO REDESIGN HALF DOLLAR CIRCULATING COINS.
Section 5112(d) of title 31, United States Code, is amended by
inserting after the 6th sentence the following: ``At the discretion of
the Secretary, half dollar coins minted after December 31, 1996, and
before July 31, 1998, may bear the same design as the commemorative
coins minted under title I of the Thomas Alva Edison Sesquicentennial
Commemorative Coin Act, as established under section 103 of that
Act.''. | TABLE OF CONTENTS:
Title I: Commemorative Coins
Title II: Circulating Coins
Thomas Alva Edison Sesquicentennial Commemorative Coin Act -
Title I: Commemorative Coins
- Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the inventions of Thomas Alva Edison in commemoration of the sesquicentennial of his birth.
Directs the Secretary to conduct an open design competition for the design of the obverse and reverse of the coins.
Terminates the authority to mint such coins after December 31, 1997. Requires that certain surcharges received from coin sales be distributed to specified entities.
Title II: Circulating Coins
- Amends Federal law to declare that half-dollar coins minted between specified dates shall have the same design as the commemorative coins minted under this Act. | {"src": "billsum_train", "title": "Thomas Alva Edison Sesquicentennial Commemorative Coin Act"} | 2,159 | 193 | 0.553641 | 1.554479 | 0.861209 | 2.779221 | 11.954545 | 0.844156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovations for our Nation's Vital
Educational Needs for Technology Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Invention, the wellspring of innovation, is the basic
source of the economic wellbeing and quality of life enjoyed in
the developed world today.
(2) There have been enormous differences in the
capabilities of different societies to invent, to carry the
inventions into practice, and to adopt the inventions of other
societies, and maintaining those capabilities will be key for
the future wellbeing of the United States.
(3) Federal support of individual investigators doing basic
research has been effective in leading to scientific discovery,
but less effective in enabling those investigators to turn
those discoveries into invention.
(4) The process of invention and the traits of the
inventive mind can be enhanced by education and fostered by
appropriate societal support.
(5) In formal education, every student deserves the
opportunity to learn more about the nature of invention and to
acquire some simple basic skills and generative attitudes.
SEC. 3. INVENTIVENESS CURRICULUM MATERIALS.
(a) Establishment of Program.--The National Science Foundation
shall establish a competitive grant program, with the goal of
developing, and making available for use at the elementary, secondary,
and undergraduate levels within 2 years after the date of enactment of
this Act, curriculum tools that will help foster inventiveness.
(b) Materials.--The curriculum materials developed under the
program established under this section shall--
(1) leverage existing knowledge on how the inventive mind
works on behalf of a more inventive society to address key
challenges of today's world, through--
(A) emphasizing adventure, excitement, and mystery
as much as the analytical and technical side of
invention;
(B) encouraging inventive thinking that crosses
boundaries of convention, expectation, and disciplines;
and
(C) anticipating that there will be unanticipated
consequences of invention, an enduring lesson from
history;
(2) strengthen those aspects of the education process that
enhance creativity in general, and technological inventiveness
in particular, including--
(A) open-ended, problem solving assignments;
(B) historical study of the social and political
implications of inventions and new technologies;
(C) universities seeking research projects and
external collaborations, and policies that promote
inventive creativity of students and faculty;
(D) appropriate supporting infrastructure, which
should be fostered to enable teachers to utilize new
teaching methods and materials; and
(E) hands-on activities, visual thinking
experiences, historical case studies, and ``how things
work'' exercises for all students, not just engineering
or science majors; and
(3) initiate, strengthen, and expand initiatives to involve
young people directly in the invention process, including--
(A) efforts to support teams in high schools and
colleges that work collaboratively with the private or
local government sectors to invent useful products or
processes;
(B) realistic, open-ended, design-oriented
activities, which can be included in university
engineering courses, with the primary goal of teaching
the important principles of a field in ways that will
promote inventive creativity in the application of
these principles;
(C) a network of community centers, ``invention
homes'', or ``free workshops'' that would provide
access to the tools, materials, and flexible space so
important to invention, to be based in schools,
museums, or other locations;
(D) workshops that would allow teachers to learn by
experience how to effectively lead a project-based
classroom; and
(E) networks of innovators and social entrepreneurs
both domestically and internationally.
(c) Dissemination.--The National Science Foundation shall develop
and implement measures, including workshops, for the dissemination of
curriculum tools developed under this section.
SEC. 4. INVENTIVENESS PUBLIC AWARENESS CAMPAIGN.
Not later than 1 year after the date of enactment of this Act, the
National Science Foundation shall implement a public awareness and
outreach campaign relating to invention and inventiveness. The public
awareness and outreach campaign shall--
(1) foster public events, including competitions, public
displays, traveling exhibitions, and other ways to increase the
public profile of inventors and inventiveness; and
(2) establish additional awards and prizes honoring
inventors, with the objective of stimulating invention in areas
of greatest need, as well as of raising the stature of
inventors and invention in the eyes of young people.
SEC. 5. ENGINEERING AND SOCIAL SCIENCE RESEARCH PROGRAM ON INVENTION.
The National Science Foundation shall establish engineering and
social science research programs on the process of invention and the
teaching of inventiveness. The research programs shall--
(1) be aimed at a deeper understanding of the creative mind
and creative environment, the measurement of inventiveness,
diffusion of teaching of inventive creativity, and rapid
learning as part of the crossing of boundaries of convention,
expectation, and disciplines that is at the heart of invention;
(2) include study of the influence of flexible learning
environments and role of parents, teachers, mentors, and
broader social institutions;
(3) study the impact on inventive creativity of past major
programs of Federal and State support for elementary,
secondary, and higher education;
(4) identify the major societal sectors that have had
significant effects on major inventions and innovations of the
recent past, and study the role of each such sector, the
importance of intersector interactions, and the impact of
patent and other relevant law; and
(5) assess how invention could make a difference to the
sustainable development needs of the poorest regions and
nations, including research to understand and promote social
enterprise, cultivation of creativity on a local level, surveys
of key technology gaps, and surveys of available financial
resources. | Innovations for our Nation's Vital Educational Needs for Technology Act - Directs the National Science Foundation (NSF) to: (1) establish a competitive grant program, with the goal of developing, and making available for use at the elementary, secondary, and undergraduate levels within two years after enactment of this Act, curriculum tools that will help foster inventiveness; and (2) develop and implement measures for the dissemination of such curriculum tools.
Directs the NSF to: (1) implement a public awareness and outreach campaign relating to invention and inventiveness; and (2) establish engineering and social science research programs on the process of invention and the teaching of inventiveness. | {"src": "billsum_train", "title": "To provide for the establishment at the National Science Foundation of a program to promote and assist the teaching of inventiveness and innovation."} | 1,211 | 137 | 0.616225 | 1.839696 | 0.758974 | 5.570313 | 9.445313 | 0.960938 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Healthy Forest
Management and Wildfire Prevention Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Congressional declaration of bark beetle epidemic, drought,
deteriorating forest health conditions, and
high risk of wildfires in States as
imminent threat.
Sec. 4. State designation of high-risk areas of National Forest System
and public lands.
Sec. 5. Designation of high-risk areas by the Secretary concerned.
Sec. 6. Use of emergency hazardous fuels reduction projects for high-
risk areas.
Sec. 7. Applicability of expedited procedures and authorities of
Healthy Forests Restoration Act of 2003 to
emergency hazardous fuels reduction
projects.
Sec. 8. Authorized duration of stewardship end result contracting
project contracts.
SEC. 2. DEFINITIONS.
In this Act:
(1) Emergency hazardous fuels reduction project.--The term
``emergency hazardous fuels reduction project'' means a project
or activity carried out in a high-risk area to address the bark
beetle epidemic, drought, or deteriorating forest health
conditions and the resulting imminent risk of devastating
wildfires.
(2) High-risk area.--The term ``high-risk area'' means an
area of National Forest System land or public lands identified
under section 4 as an area suffering from the bark beetle
epidemic, drought, or deteriorating forest health conditions,
with the resulting imminent risk of devastating wildfires, or
otherwise at high risk for bark beetle infestation, drought, or
wildfire.
(3) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(4) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
the National Forest System; and
(B) the Secretary of the Interior, with respect to
public lands.
(6) The term ``State'' means any of the several States
containing National Forest System land or public lands. The
term includes the Commonwealth of Puerto Rico.
SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT,
DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF
WILDFIRES IN STATES AS IMMINENT THREAT.
Congress hereby declares that the bark beetle epidemic, drought,
and deteriorating forest health conditions on National Forest System
land and public lands in the States, with the resulting imminent risk
of devastating wildfires that pose a significant threat to the economic
stability of communities in the affected areas and the health, safety,
and well-being of residents, firefighters, and visitors to the areas,
is an ``imminent threat'' within the meaning of section 294.12(b)(1) of
title 36, Code of Federal Regulations (2002 Edition) and any existing
or pending roadless area management rule applicable to a State.
SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM
AND PUBLIC LANDS.
(a) Designation Authority.--The Governor of a State may designate
high-risk areas of the National Forest System and public lands in the
State for the purposes of addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Governor of
a State shall consult with county government from affected counties and
with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following National Forest
System land or public lands may not be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) A National Monument.
(d) Standards for Designation.--Designation of high-risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is
being made, except that the Secretary concerned may modify such
standards and guidelines to correspond with a specific high-risk area
designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act but may be designated at any time consistent with
subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Governor of the State.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Governor from redesignating an
area of the National Forest System land or public lands as a high-risk
area under this section if the Governor determines that the area of
National Forest System land or public lands continues to be subject to
the terms of this section.
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to National Forest System land or public lands
included in the area for hunting, fishing, and other related
purposes; or
(2) valid and existing rights regarding the National Forest
System land or public lands.
SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED.
(a) Designation Authority.--The Secretary concerned may designate
high-risk areas of the National Forest System and the public lands for
the purposes of addressing--
(1) deteriorating forest health conditions in existence as
of the date of the enactment of this Act due to the bark beetle
epidemic or drought, with the resulting imminent risk of
devastating wildfires; and
(2) the future risk of insect infestations or disease
outbreaks through preventative treatments to improve forest
health conditions.
(b) Consultation.--In designating high-risk areas, the Secretary
concerned shall consult with Governors of affected States, county
government from affected counties, and with affected Indian tribes.
(c) Exclusion of Certain Areas.--The following National Forest
System land or public lands may not be designated as a high-risk area:
(1) A component of the National Wilderness Preservation
System.
(2) A National Monument.
(d) Standards for Designation.--Designation of high risk areas
shall be consistent with standards and guidelines contained in the land
and resource management plan or land use plan for the unit of the
National Forest System or public lands for which the designation is
being made, except that the Secretary concerned may modify such
standards and guidelines to correspond with a specific high-risk area
designation.
(e) Time for Initial Designations.--The first high-risk areas
should be designated not later than 60 days after the date of the
enactment of this Act but may be designated at any time consistent with
subsection (a).
(f) Duration of Designation.--The designation of a high-risk area
in a State shall expire 20 years after the date of the designation,
unless earlier terminated by the Secretary concerned.
(g) Redesignation.--The expiration of the 20-year period specified
in subsection (f) does not prohibit the Secretary concerned from
redesignating an area of the National Forest System or public lands as
a high-risk area if the Secretary determines that the National Forest
System land or public lands continues to be subject to the terms of
this section, except that such redesignation is subject to consultation
with Governors from affected States, county government from affected
counties, and affected Indian tribes.
(h) Recognition of Valid and Existing Rights.--The designation of a
high-risk area shall not be construed to limit or restrict--
(1) access to National Forest System land or public lands
included in the area for hunting, fishing, and other related
purposes; or
(2) valid and existing rights regarding the National Forest
System land or public lands.
SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH-
RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed emergency hazardous fuels reduction
projects for the high-risk area. The Secretary concerned also
may develop emergency hazardous fuels reduction projects.
(2) Project criteria.--In preparing proposed emergency
hazardous fuels reduction projects, the Governor of a State and
the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting local communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Consultation.--In preparing proposed emergency hazardous fuels
reduction projects, the Governor of a State shall consult with county
government from affected counties, and with affected Indian tribes. If
the Secretary concerned develops a proposal, the Secretary concerned
shall consult with the Governor of the affected State, county
government from affected counties, and affected Indian tribes.
(c) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuels reduction projects to the
Secretary concerned for implementation.
(d) Implementation of Projects.--
(1) State proposed projects.--The Secretary concerned shall
implement hazardous fuels reduction projects proposed by
Governors within 60 days of the date on which the Secretary
receives the proposal.
(2) Secretary proposed projects.--The Secretary concerned
shall implement hazardous fuels reduction projects proposed by
the Secretary concerned within 60 days of the date on which the
proposal is finalized.
SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF
HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY
HAZARDOUS FUELS REDUCTION PROJECTS.
(a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all emergency hazardous fuels reduction projects developed under
section 6.
(b) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency
hazardous fuels reduction projects, the Secretary concerned shall make
the following modifications:
(1) The authority shall apply to the entire high-risk area,
including land that is outside of a wildland-urban interface
area or that does not satisfy any of the other eligibility
criteria specified in section 102(a) of that Act (16 U.S.C.
6512(a)).
(2) All projects and activities of the Secretary concerned,
including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations), of the
emergency hazardous fuels reduction project shall be deemed to
be an authorized hazardous fuel reduction project for purposes
of applying the title.
(3) The Secretary is not required to study, develop, or
describe more than the proposed agency action and a no-action
alternative in the environmental assessment or environmental
impact statement prepared pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))
for an emergency hazardous fuels reduction project, except
that, if an at-risk community has adopted a community wildfire
protection plan (as defined in section 101(3) of the Healthy
Forest Restoration Act of 2003 (16 U.S.C. 6511(3))) that
includes the land covered by the proposed agency action, but
the proposed agency action does not implement the
recommendations in the plan regarding the general location and
basic method of treatments, the Secretary shall evaluate the
recommendations in the plan as an additional alternative to the
proposed agency action.
(c) Forest Management Plans.--All projects and activities carried
out as part of an emergency hazardous fuels reduction project in a
designated high-risk area shall be consistent with standards and
guidelines contained in the land and resource management plan or land
use plan for the unit of the National Forest System or public lands for
which the designation is made, except that the Secretary concerned may
modify such standards and guidelines to correspond with a specific
high-risk area designation.
(d) Retention of NEPA Responsibilities.--Any decision required to
be made under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to any project or activity to be carried out
as part of an emergency hazardous fuels reduction project in a high-
risk area shall not be delegated to a State forester or any other
officer or employee of the State in which the emergency hazardous fuels
reduction project will be carried out.
(e) Categorical Exclusion.--If a project or activity to be carried
out as part of an emergency hazardous fuels reduction project in a
high-risk area involves the removal of insect-infected trees or other
hazardous fuels within 500 feet of utility or telephone infrastructure,
campgrounds, roadsides, heritage sites, recreation sites, schools, or
other infrastructure, the project or activity is categorically excluded
from the requirement to prepare an environmental assessment or an
environmental impact statement under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity
is otherwise conducted consistently with agency and departmental
procedures and the applicable land and resource management plan or land
use plan.
SEC. 8. AUTHORIZED DURATION OF STEWARDSHIP END RESULT CONTRACTING
PROJECT CONTRACTS.
Section 604(d)(3)(B) of the Healthy Forest Restoration Act of 2003
(16 U.S.C. 6591c(d)(3)(B)) is amended by striking ``10 years'' and
inserting ``20 years''. | Healthy Forest Management and Wildfire Prevention Act Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state. Allows a state governor or the Department of Agriculture, with respect the National Forest System, or the Department of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation. Allows a governor or the department concerned, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Amends the Healthy Forest Restoration Act of 2003 to extend the duration of contracts to perform services to achieve land management goals for national forests and public lands that meet local and rural community needs. | {"src": "billsum_train", "title": "Healthy Forest Management and Wildfire Prevention Act"} | 3,330 | 318 | 0.694166 | 2.048016 | 0.751148 | 4.537906 | 10.566787 | 0.913357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Savings Account Act''.
SEC. 2. UNIVERSAL SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--UNIVERSAL SAVINGS ACCOUNTS
``SEC. 530A. UNIVERSAL SAVINGS ACCOUNTS.
``(a) General Rule.--A Universal Savings Account shall be exempt
from taxation under this subtitle. Notwithstanding the preceding
sentence, such account shall be subject to the taxes imposed by section
511 (relating to imposition of tax on unrelated business income of
charitable organizations).
``(b) Universal Savings Account.--For purposes of this section, the
term `Universal Savings Account' means a trust created or organized in
the United States by an eligible individual for the exclusive benefit
of such eligible individual or his beneficiaries and which is
designated (in such manner as the Secretary shall prescribe) at the
time of the establishment of the trust as a Universal Savings Account,
but only if the written governing instrument creating the trust meets
the following requirements:
``(1) Except in the case of a qualified rollover
contribution described in subsection (e)--
``(A) no contribution will be accepted unless it is
in cash, and
``(B) contributions will not be accepted for the
calendar year in excess of the contribution limit
specified in subsection (d)(1).
``(2) 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 or who has so demonstrated with respect to any
individual retirement plan.
``(3) No part of the trust assets will be invested in life
insurance contracts.
``(4) The interest of an individual in the balance of his
account is nonforfeitable.
``(5) The assets of the trust shall not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual who is--
``(1) not less than 18 years of age, and
``(2) a citizen or legal permanent resident of the United
States.
``(d) Treatment of Contributions and Distributions.--
``(1) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions (other than qualified rollover
contributions described in subsection (e)) for any
calendar year to all Universal Savings Accounts
maintained for the benefit of an eligible individual
shall not exceed $5,500.
``(B) Cost-of-living adjustment.--
``(i) In general.--In the case of any
calendar year after 2016, the $5,500 amount
under subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year,
determined by substituting `calendar
year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next lower multiple of $500.
``(2) Distributions.--Any distribution from a Universal
Savings Account shall not be includible in gross income.
``(e) Qualified Rollover Contribution.--For purposes of this
section, the term `qualified rollover contribution' means a
contribution to a Universal Savings Account from another such account
of the same beneficiary, but only if such amount is contributed not
later than the 60th day after the distribution from such other account.
``(f) Treatment of Account Upon Death.--Upon death of any
individual for whose benefit a Universal Savings Account has been
established--
``(1) all amounts in such account shall be treated as
distributed on the date of such individual's death, and
``(2) such account shall cease to be treated as a Universal
Savings Account.
``(g) Loss of Taxation Exemption of Account Where Beneficiary
Engages in Prohibited Transaction; Effect of Pledging Account as
Security.--Rules similar to the rules of paragraph (2) and (4) of
section 408(e) shall apply to any Universal Savings Account.
``(h) Limitation to 1 Account Per Individual.--
``(1) In general.--Except as provided in paragraph (2), no
trust created for the benefit of an eligible individual shall
be treated as a Universal Savings Account under subsection (b)
if such eligible individual has in existence another Universal
Savings Account at the time such trust was established.
``(2) Exception.--Under regulations established by the
Secretary, paragraph (1) shall not apply with respect to any
trust created for the purposes of receiving a qualified
rollover contribution consisting of all amounts in the
previously established Universal Savings Account.
``(i) Reports.--The trustee of a Universal Savings Account shall
make such reports regarding such account to the Secretary and to the
beneficiary of the account with respect to contributions,
distributions, and such other matters as the Secretary may require. The
reports required by this subsection shall be filed at such time and in
such manner and furnished to such individuals at such time and in such
manner as may be required.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of paragraph (4), by inserting ``or'' at the end of
paragraph (5), and by inserting after paragraph (5) the
following new paragraph:
``(6) a Universal Savings Account (as defined in section
530A),''.
(2) Excess contribution.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(i) Excess Contributions to Universal Savings Accounts.--For
purposes of this section--
``(1) In general.--In the case of Universal Savings
Accounts (within the meaning of section 530A), the term `excess
contributions' means the sum of--
``(A) the amount by which the amount contributed
for the calendar year to such accounts (other than
qualified rollover contributions (as defined in section
530A(e)) exceeds the contribution limit under section
530A(d)(1) for such calendar year, and
``(B) the amount determined under this subsection
for the preceding calendar year, reduced by the excess
(if any) of the maximum amount allowable as a
contribution under section 530A(d)(1) for the calendar
year over the amount contributed to the accounts for
the calendar year.
``(2) Special rule.--A contribution shall not be taken into
account under paragraph (1) if such contribution (together with
the amount of net income attributable to such contribution) is
returned to the beneficiary before July 1 of the year following
the year in which the contribution is made.''.
(c) Failure To Provide Reports on Universal Savings Accounts.--
Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986
is amended by striking ``and'' at the end of subparagraph (E), by
striking the period at the end of subparagraph (F) and inserting ``,
and'', and by inserting after subparagraph (F) the following new
subparagraph:
``(G) section 530A(i) (relating to Universal
Savings Accounts).''.
(d) Conforming Amendment.--The table of parts for subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX. Universal Savings Accounts.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Universal Savings Account Act This bill amends the Internal Revenue Code to allow for the establishment of Universal Savings Accounts. These Accounts shall be tax-exempt and may be opened by any individual who is at least 18 years of age and a U.S. citizen or legal permanent resident. Contributions to these Accounts must be in cash and may not exceed $5,500 (adjusted annually for inflation) in any calendar year. Distributions from a Universal Savings Account are excluded from the gross income of the account holder for income tax purposes. | {"src": "billsum_train", "title": "Universal Savings Account Act"} | 1,843 | 120 | 0.528703 | 1.261697 | 0.622758 | 2.091837 | 17.061224 | 0.846939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Information Technology
Savings, Accountability, and Transparency Act of 2013''.
SEC. 2. INCREASED AUTHORITY OF AGENCY CHIEF INFORMATION OFFICERS OVER
INFORMATION TECHNOLOGY.
(a) Presidential Appointment of CIOs of Certain Agencies.--
(1) In general.--Section 11315 of title 40, United States
Code, is amended--
(A) by redesignating subsection (a) as subsection
(e) and moving such subsection to the end of the
section; and
(B) by inserting before subsection (b) the
following:
``(a) Presidential Appointment or Designation of Certain Chief
Information Officers.--
``(1) In general.--There shall be within each agency listed
in section 901(b)(1) of title 31, other than the Department of
Defense, an agency Chief Information Officer.
``(2) Appointment or designation.--Each agency Chief
Information Officer shall--
``(A) be--
``(i) appointed by the President; or
``(ii) designated by the President, in
consultation with the head of the agency; and
``(B) be appointed or designated, as applicable,
from among individuals who possess demonstrated ability
in general management of, and knowledge of and
extensive practical experience in, information
technology management practices in large governmental
or business entities.
``(3) Responsibilities.--An agency Chief Information
Officer appointed or designated under this section shall report
directly to the head of the agency and carry out, on a full-
time basis--
``(A) the responsibilities under this section; and
``(B) the responsibilities under section 3506(a) of
title 44 for Chief Information Officers designated
under paragraph (2) of such section.''.
(2) Conforming amendment.--Section 3506(a)(2)(A) of title
44, United States Code, is amended by inserting after ``each
agency'' the following: ``, other than an agency with a
Presidentially appointed or designated Chief Information
Officer, as provided in section 11315(a)(1) of title 40,''.
(b) Authority Relating to Budget and Personnel.--Section 11315 of
title 40, United States Code, is further amended by inserting after
subsection (c) the following:
``(d) Additional Authorities for Certain CIOs.--
``(1) Budget-related authority.--
``(A) Definitions.--In this paragraph--
``(i) the term `commercial item' has the
meaning given that term in section 103 of title
41, United States Code; and
``(ii) the term `commercially available
off-the-shelf item' has the meaning given that
term in section 104 of title 41, United States
Code.
``(B) Planning.--The head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority to
participate in decisions regarding the budget planning
process related to--
``(i) information technology or programs
that include significant information technology
components; or
``(ii) the acquisition of an information
technology product or service that is a
commercial item.
``(C) Allocation.--Amounts appropriated for an
agency listed in section 901(b)(1) or 901(b)(2) of
title 31, other than the Department of Defense, for any
fiscal year that are available for information
technology shall be allocated within the agency,
consistent with the provisions of appropriations Acts
and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in
such manner as may be specified by, or approved by, the
Chief Information Officer of the agency in consultation
with the Chief Financial Officer of the agency and
budget officials.
``(D) COTS.--The head of each agency listed in
section 901(b)(1) or 901(b)(2) of title 31, other than
the Department of Defense, shall ensure that the Chief
Information Officer of the agency has authority over
any acquisition of an information technology product or
service that is a commercially available off-the-shelf
item.
``(2) Personnel-related authority.--The head of each agency
listed in section 901(b)(1) or 901(b)(2) of title 31, other
than the Department of Defense, shall ensure that the Chief
Information Officer of the agency has the authority necessary
to--
``(A) approve the hiring of personnel who will have
information technology responsibilities within the
agency; and
``(B) require that such personnel have the
obligation to report to the Chief Information Officer
in a manner considered sufficient by the Chief
Information Officer.''.
(c) Single Chief Information Officer in Each Agency.--
(1) Requirement.--Section 3506(a)(3) of title 44, United
States Code, is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B) Each agency shall have only one individual with the title and
designation of `Chief Information Officer'. Any bureau, office, or
subordinate organization within the agency may designate one individual
with the title `Deputy Chief Information Officer', `Associate Chief
Information Officer', or `Assistant Chief Information Officer'.''.
(2) Effective date.--Section 3506(a)(3)(B) of title 44,
United States Code, as added by paragraph (1), shall take
effect on October 1, 2014. Any individual serving in a position
affected by such section before such date may continue in that
position if the requirements of such section are fulfilled with
respect to that individual.
SEC. 3. LEAD COORDINATION ROLE OF CHIEF INFORMATION OFFICERS COUNCIL.
(a) Lead Coordination Role.--Subsection (d) of section 3603 of
title 44, United States Code, is amended to read as follows:
``(d) Lead Interagency Forum.--
``(1) Designation.--
``(A) In general.--The Council is designated the
lead interagency forum for improving agency
coordination of practices related to the design,
development, modernization, use, operation, sharing,
performance, and review of Federal Government
information resources investment.
``(B) Responsibilities.--As the lead interagency
forum, the Council shall--
``(i) develop cross-agency portfolio
management practices to allow and encourage the
development of cross-agency shared services and
shared platforms; and
``(ii) issue guidelines and practices for
expansion of the Federal enterprise
architecture process, if appropriate.
``(C) Guidelines and practices.--The guidelines and
practices issued under subparagraph (B)(ii)--
``(i) may address broader transparency,
common inputs, common outputs, and outcomes
achieved; and
``(ii) shall be used as a basis for
comparing performance across diverse missions
and operations in various agencies.
``(2) Reports.--
``(A) Definition.--In this paragraph, the term
`relevant congressional committees' means each of the
following:
``(i) The Committee on Homeland Security
and Governmental Affairs and the Committee on
Appropriations of the Senate.
``(ii) The Committee on Oversight and
Government Reform and the Committee on
Appropriations of the House of Representatives.
``(B) Required reports.--Not later than December 1
in each of the 6 years following the date of the
enactment of this paragraph, the Council shall submit
to the relevant congressional committees a report (to
be known as the `CIO Council Report') summarizing the
Council's activities in the preceding fiscal year and
containing such recommendations for further
congressional action to fulfill its mission as the
Council considers appropriate.''.
(b) References to Administrator of E-Government as Federal Chief
Information Officer.--
(1) References.--Section 3602(b) of title 44, United States
Code, is amended by adding at the end the following: ``The
Administrator may also be referred to as the Federal Chief
Information Officer.''.
(2) Definition.--Section 3601(1) of title 44, United States
Code, is amended by inserting ``or `Federal Chief Information
Officer''' before ``means''.
SEC. 4. REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Definitions.--In this section:
(1) Chief information officers council.--The term ``Chief
Information Officers Council'' means the Chief Information
Officers Council established by section 3603(a) of title 44,
United States Code.
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means each of the following:
(A) The Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(B) The Committee on Oversight and Government
Reform and the Committee on Appropriations of the House
of Representatives.
(b) Requirement To Examine Effectiveness.--The Comptroller General
of the United States shall examine the effectiveness of the Chief
Information Officers Council in meeting its responsibilities under
section 3603(d) of title 44, United States Code, as added by section 3,
with particular focus whether agencies are actively participating in
the Council and following the Council's advice and guidance.
(c) Reports.--Not later than 1 year, 3 years, and 5 years after the
date of enactment of this Act, the Comptroller General shall submit to
the relevant congressional committees a report containing the findings
and recommendations of the Comptroller General from the examination
required by subsection (b).
SEC. 5. ENHANCED TRANSPARENCY IN INFORMATION TECHNOLOGY INVESTMENTS.
(a) Public Availability of Information About IT Investments.--
Section 11302(c) of title 40, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Public availability.--
``(A) In general.--The Director shall make
available to the public the cost, schedule, and
performance data for at least 80 percent (by dollar
value) of all information technology investments in
each Federal agency listed in section 901(b) of title
31, without regard to whether the investments are for
information technology acquisitions or for operations
and maintenance of information technology. The Director
shall ensure that the information is current, accurate,
and reflects the risks associated with each covered
information technology investment.
``(B) Waiver or limitation authority.--If the
Director or the Chief Information Officer, as the case
may be, determines that a waiver or limitation is in
the national security interests of the United States,
the applicability of subparagraph (A) may be waived or
the extent of the information may be limited--
``(i) by the Director, with respect to
information technology investments
Governmentwide; and
``(ii) by the Chief Information Officer of
a Federal agency listed in section 901(b) of
title 31, with respect to information
technology investments in that Federal
agency.''.
(b) Additional Report Requirements.--Paragraph (3) of section
11302(c) title 40, United States Code, as redesignated by subsection
(a), is amended by adding at the end the following: ``The report shall
include an analysis of agency trends reflected in the performance risk
information required in paragraph (2).''. | Federal Information Technology Savings, Accountability, and Transparency Act of 2013 - Modifies provisions relating to the position of Chief Information Officer (CIO) in federal agencies to require the appointment of not more than one CIO in the Departments of Agriculture, Commerce, Education, Energy (DOE), Health and Human Services (HHS), Interior, Justice (DOJ), Labor, State, Transportation (DOT), Treasury, and Veterans Affairs (VA), the Environmental Protection Agency (EPA), and the National Aeronautics and Space Administration (NASA). Requires CIOs to: (1) be appointed or designated by the President, in consultation with relevant agency heads; (2) be chosen from among individuals who have demonstrated knowledge of information technology management practices and ability to manage such practices in large entities; and (3) be given enhanced authority in the budget planning process of an agency and the hiring of personnel who will have information technology responsibilities. Expands the responsibilities of the Chief Information Officers Council to require the Council to: (1) develop cross-agency portfolio management practices and issue guidelines and practices for expansion of the federal enterprise architecture process, and (2) report to specified congressional committees on its activities. Requires the Comptroller General (GAO) to examine and report on the effectiveness of the Council. Requires the Director of the Office of Management and Budget (OMB) to make available to the public the cost, schedule, and performance data for at least 80% of all information technology investments in each federal agency to which this Act applies, unless the Director or the agency CIO determines that a waiver or limitation of such disclosure requirement is in the interests of national security. | {"src": "billsum_train", "title": "Federal Information Technology Savings, Accountability, and Transparency Act of 2013"} | 2,619 | 414 | 0.51224 | 1.595272 | 0.59823 | 2.682692 | 7.455128 | 0.830128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Telecommunications
Act of 1997''.
SEC. 2. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
(a) Amendment.--Title I of the Communications Act of 1934 is
amended by inserting after section 11 (47 U.S.C. 161) the following new
section:
``SEC. 12. ESTABLISHMENT OF INDIAN TELECOMMUNICATIONS POLICY.
``(a) Findings.--The Congress finds that--
``(1) Indian and Alaskan Native people live in some of the
most geographically remote areas of the country, with 50
percent of Indian and Alaskan Native people living in Oklahoma,
California, South Dakota, Arizona, New Mexico, Alaska, and
Washington;
``(2) Indian poverty in reservation areas is 3.9 times the
national average rate;
``(3) the average phone penetration rates for rural Native
Americans is only 50 percent and actual penetration rates are
often much lower;
``(4) what phone service there is in Indian country is
often substandard and prohibitively expensive;
``(5) the Telecommunications Act of 1996 establishes a
Federal-State Joint Board which issued recommendations on how
to make low-cost telephone service affordable to all and to
define what is deemed to be `universal service';
``(6) the Telecommunications Act of 1996 requires the
Federal Communications Commission to implement the
recommendations from the Joint Board by May 8, 1997;
``(7) the benefits of Federal universal service policies
have often not reached Indian country;
``(8) the Federal Government and the States have not
historically adequately required telecommunications carriers to
provide telecommunications services on Indian lands; and
``(9) the United States recognizes the sovereignty of
Indian tribes in relation to the States through a government-
to-government relationship, as reflected in the Constitution,
treaties, Federal statutes, and the course of dealings of the
United States with Indian tribes.
``(b) Policy Required.--Within 120 days after the date of enactment
of this section, the Commission shall initiate a proceeding to develop
and establish an official policy regarding the relations between the
Commission and American Indians, including Alaskan Natives. In
establishing such policy, the Commission shall--
``(1) recognize--
``(A) the special needs of American Indians,
including Alaskan Natives, as determined under
subsection (a);
``(B) the sovereign authority of tribal
governments; and
``(C) the trust obligations of the United States;
``(2) promote the exercise of sovereign authority of tribal
governments over the establishment of communications policies
and regulations within their jurisdictions;
``(3) seek to promote Native Americans', including Alaskan
Natives', participation in the consumption and provision of
telecommunications services; and
``(4) not preclude the opportunity for improved
negotiations between tribes and the States.
``(c) Notice Obligations.--The policy established pursuant to
subsection (b) shall include procedures for giving Native Americans,
including Alaskan Natives, notice and the opportunity for meaningful
participation and comment in any proceedings affecting tribal lands,
including competitive bidding conducted under section 309(j) of bands
of frequencies in areas under the jurisdiction of tribal governments.
``(d) Forbearance.--The Commission shall forbear from applying any
provision of this Act or any regulation thereunder to the extent that
such forbearance--
``(1) is necessary to ensure compliance with the trust
responsibility of the United States; and
``(2) is consistent with the public interest.
``(e) Triennial Review.--The Commission shall review and revise as
necessary the policies established pursuant to subsection (b) at least
once every 3 years after the establishment of such policies.''.
(b) Conforming Amendment.--Section 309(j)(3)(B) of such Act (47
U.S.C. 309(j)(3)(B)) is amended by inserting ``Indian tribes, Alaskan
Native villages,'' after ``including''.
SEC. 3. ATTAINMENT OF UNIVERSAL SERVICE PRINCIPALS IN INDIAN COUNTRY.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) Access by native americans.--Because States have not
historically exercised the authority to require
telecommunications carriers to deliver services on Indian
lands, and because of the trust responsibilities of the United
States, the responsibility to ensure the delivery of
telecommunications and information services to Native
Americans, including Alaskan Natives, at just, reasonable, and
affordable rates is a Federal responsibility that should be
assured by means of the Federal support mechanisms established
under this section, taking into account any support mechanisms
established by the States.''; and
(2) by adding at the end the following new subsection:
``(l) Maintenance of Native American Subscribership and
Affordability Data.--The Commission shall prescribe such regulations as
are necessary to obtain reliable statistics concerning the extent of
subscribership to, and the affordability of, telecommunications and
information services on Indian lands. Such data shall be maintained by
the Commission in a form that is easily accessible to the public. The
Commission shall periodically review and summarize such data in its
annual reports under section 4(k), and shall, on the basis of such
review, take such other actions as are necessary to carry out the
purposes of this section with respect to the delivery of
telecommunications and information services to Native Americans,
including Alaskan Natives, at just, reasonable, and affordable
rates.''.
SEC. 4. INFRASTRUCTURE DEVELOPMENT POLICY INITIATIVES.
Section 103 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902) is amended by adding at
the end the following new subsection:
``(d) Native American Telecommunications Infrastructure Policy
Initiatives.--In carrying out the authority to serve as the President's
adviser under subsection (b)(2)(D), the Assistant Secretary and the
NTIA shall be responsible for designing and proposing policy
initiatives to encourage investment in, and the deployment of,
telecommunications systems on Indian lands.''. | Native American Telecommunications Act of 1997 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to initiate a proceeding to develop and establish an official policy regarding the relations between FCC and American Indians (including Alaskan Natives). Requires the policy to include procedures for giving Native Americans notice and the opportunity for meaningful participation and comment in any proceedings affecting tribal lands, including competitive bidding conducted for bands of frequencies in areas under the jurisdiction of tribal governments.
Requires a review and revision as necessary of such policies at least every three years.
Requires the Federal-State Joint Board and the FCC to include access by Native Americans as a principal for the preservation and advancement of universal service.
Requires the FCC to: (1) prescribe regulations necessary to obtain reliable statistics concerning the extent of subscribership to, and the affordability of, telecommunications and information services on Indian lands; (2) periodically review and summarize such data in its annual reports; and (3) take necessary actions to deliver telecommunications and information services to Native Americans at just, reasonable, and affordable rates.
Amends the National Telecommunications and Information Administration Organization Act to make the Assistant Secretary of Commerce for Communications and Information and the National Telecommunications and Information Administration responsible for designing and proposing policy initiatives to encourage investment in, and the deployment of, telecommunications systems on Indian lands. | {"src": "billsum_train", "title": "Native American Telecommunications Act of 1997"} | 1,422 | 302 | 0.628993 | 1.789957 | 0.832192 | 4.856061 | 4.825758 | 0.94697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to statistics from the Centers for Disease
Control, more than 5,000 innocent children have lost their
lives due to unintentional deaths related to firearms;
(2) between 1983 and 1994, 5,523 males ranging in ages from
1 to 19, were killed by the unintentional discharge of a
firearm;
(3) a Federal study found that ignorance and carelessness
are the major causes of firearms accidents;
(4) 84 percent of firearms accidents involved people who
did not follow basic safety rules; and
(5) to help reduce the number of firearms accidents, it is
critical to practice and enforce firearms safety rules.
TITLE I--CRIMINAL PROVISIONS
SEC. 101. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(35) The term `locking device' means--
``(A) a device which, if installed on a firearm and secured
by means of a key or a mechanically, electronically, or
electromechanically operated combination lock, prevents the
firearm from being discharged without first deactivating or
removing the device by means of a key or mechanically,
electronically, or electromechanically operated combination
lock; or
``(B) a locking mechanism incorporated into the design of a
firearm which prevents discharge of the firearm by any person
who does not have access to the key or other device designed to
unlock the mechanism and thereby allow discharge of the
firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
``(z) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of the enactment of this
subsection, it shall be unlawful for any licensed manufacturer,
licensed importer, or licensed dealer to sell, deliver, or
transfer a handgun to any person, unless--
``(A) the transferee is provided with a locking
device for that handgun; and
``(B) the handgun is accompanied by the following
warning, which shall appear in conspicuous and legible
type in capital letters, and which shall be printed on
a label affixed to the handgun and on a separate sheet
of paper included in the packaging enclosing the
handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A
MINOR IN MOST CIRCUMSTANCES.'.
``(2) Exceptions.--Paragraph (1) shall not apply to the
sale, delivery, or transfer of a handgun to--
``(A) the United States or a department or agency
of the United States, or a State or a department,
agency, or political subdivision of a State;
``(B) a law enforcement officer (whether on or off-
duty) who is employed by an entity referred to in
subparagraph (A), for law enforcement purposes; or
``(C) a rail police officer (whether on or off-
duty) who is employed by a rail carrier and is
certified or commissioned as a police officer under the
laws of a State, for law enforcement purposes.''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``this subsection,
subsection (b) or (c) of this section,'' and inserting ``this
section''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensee, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) impose a civil penalty on the
licensee in an amount that is not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The taking of an action
under paragraph (1) with respect to conduct of a licensee shall
not affect the availability of any other administrative
authority with respect to the conduct.''.
TITLE II--REGULATORY PROVISIONS
SEC. 201. REGULATION OF TRIGGER LOCK DEVICES.
(a) General Authority.--The Secretary of the Treasury (in this
title referred to as the ``Secretary'') shall prescribe such
regulations governing the design, manufacture, and performance of
trigger lock devices, as are necessary to reduce or prevent the
unintentional discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that trigger lock devices must meet in order to be manufactured, sold,
transferred, or delivered consistent with this title. In developing the
standard, the Secretary shall give appropriate consideration to trigger
lock devices that are not detachable, but are permanently installed and
incorporated into the design of a handgun. The standard shall include
provisions to ensure that any trigger lock device that meets the
standard is of adequate quality and construction to prevent children
who have not attained 18 years of age from operating a handgun, and to
ensure that such a product cannot be removed from a handgun except
through the use of a key, combination, or other method of access
provided in the design specifications of the manufacturer of the
device.
(c) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this title, the Secretary shall issue in final
form the standard required by subsection (b).
(d) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 202. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a trigger lock device which
the Secretary finds has been designed, or has been or is intended to be
manufactured, transferred, or distributed in violation of this title or
a regulation prescribed under this title.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a trigger lock device which the
Secretary finds has been designed, manufactured, transferred, or
delivered in violation of this title or a regulation prescribed under
this title, to--
(1) provide notice of the risks associated with the device,
and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the device,
each dealer in the device; and
(C) in the case of a dealer in the device, the
manufacturer of the device and the other persons known
to the dealer as dealers in the device;
(2) bring the device into conformity with the regulations
prescribed under this title;
(3) repair the device;
(4) replace the device with a like or equivalent device
which is in compliance with such regulations;
(5) refund the purchase price of the device, or, if the
device is more than 1 year old, a lesser amount based on the
value of the device after reasonable use;
(6) recall the device from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this title
and the regulations and orders issued under this title, the Secretary
may, at reasonable times--
(1) enter any place in which trigger lock devices are
manufactured, stored, or held, for distribution in commerce,
and inspect those areas where the devices are manufactured,
stored, or held; and
(2) enter and inspect any conveyance being used to
transport for commercial purposes a trigger lock device.
SEC. 203. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this title.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of title II of the
Child Safety Lock and Community Protection Act of 1999 or any rule or
regulation prescribed under such title.''.
(c) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this
title or of a regulation prescribed under this title with respect to a
trigger lock device, and who subsequently knowingly violates such
provision with respect to the device shall be fined under title 18,
United States Code, imprisoned not more than 2 years, or both.
SEC. 204. NO EFFECT ON STATE LAW.
This title does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this title from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
title if such provision affords greater protection in respect of
trigger lock devices than is afforded by this title.
SEC. 205. DEFINITIONS.
In this title:
(1) The term ``trigger lock device'' means any device that
is designed, manufactured, or represented in commerce, as a
means of preventing the unintentional discharge of a handgun.
(2) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code.
TITLE III--EDUCATION PROVISIONS
SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC
EDUCATION ON SAFE STORAGE OF FIREARMS.
(a) In General.--Notwithstanding any other provision of law, an
amount equal to 2 percent of the net revenues received in the Treasury
from the tax imposed by section 4181 of the Internal Revenue Code of
1986 (relating to firearms) for each of the first 5 fiscal years
beginning after the date of the enactment of this Act shall be
available, as provided in appropriation Acts, to the Secretary of the
Treasury to carry out public education programs on the safe storage and
use of firearms. Amounts otherwise transferred or made available for
any other purpose by reason of such tax shall be reduced by the amounts
made available to such Secretary under the preceding sentence.
(b) Net Revenues.--For purposes of subsection (a), the term ``net
revenues'' means, with respect to the tax imposed by such section 4181,
the amount estimated by the Secretary of the Treasury based on the
excess of--
(1) the taxes received in the Treasury under such section,
over
(2) the decrease in the tax imposed by chapter 1 of such
Code resulting from such tax. | Child Safety Lock Act of 2001 - Amends the Brady Handgun Violence Prevention Act to define a firearm "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers and governmental entities. Sets forth civil penalties, including suspension or loss of license, for related violations.Directs the Secretary of the Treasury to: (1) prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns, including setting a minimum safety standard to prevent children who have not attained age 18 from operating a handgun; and (2) in developing the standard, to consider such devices that are not detachable.Authorizes the Secretary to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Secretary finds has been designed, manufactured, transferred, or distributed in violation of this Act. Grants the Secretary specified authority regarding: (1) recall, repair, replacement, or refund with respect to such devices; and (2) inspections.Authorizes the Secretary to: (1) assess a civil penalty of up to $10,000 per violation; and (2) revoke a Federal firearms license for a violation of this Act. Imposes criminal penalties for knowingly violating this Act.Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms. | {"src": "billsum_train", "title": "To improve the safety of firearms."} | 2,817 | 351 | 0.563332 | 1.737346 | 0.72987 | 3.808442 | 8.100649 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Teacher Scholarship Act of
2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Programs in title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.) address improving the quality of
the teaching workforce and holding institutions of higher
education accountable for preparing teachers. However, States
are still finding it difficult to provide high-quality teachers
in the areas of mathematics and science and for secondary
schools.
(2) Under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left
Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425), States
are required to ensure that all teachers teaching in core
academic subjects within the State are highly qualified by not
later than the end of the 2005-2006 school year. Yet schools in
rural areas and high-poverty schools have trouble attracting
and retaining such teachers.
(3) Teacher retention is at the main root of teacher
shortages, and recruitment initiatives alone will not solve
this problem.
SEC. 3. DEFINITIONS.
In this Act:
(1) Eligible local educational agency.--The term ``eligible
local educational agency'' means a local educational agency
that serves a school that qualifies under section 465(a)(2)(A)
of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A))
for loan cancellation for Perkins loan recipients who teach in
such schools.
(2) Eligible teacher.--The term ``eligible teacher'' means
a teacher who is employed by the eligible local educational
agency included in the partnership with the teacher preparation
program and is--
(A) an elementary school or secondary school
special education teacher; or
(B) a middle school or secondary school teacher who
teaches in the area of mathematics, science, or foreign
languages.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) Teacher preparation program.--The term ``teacher
preparation program'' means a school of education program at an
institution of higher education that provides courses of study
leading to a graduate degree.
SEC. 4. PROGRAM AUTHORIZED.
(a) In General.--The Secretary may award grants to teacher
preparation programs for the purpose of enabling the teacher
preparation programs to award scholarships to assist eligible teachers
in obtaining a graduate level degree from the teacher preparation
program.
(b) Application.--Each teacher preparation program applying for a
grant shall submit, in partnership with an eligible local educational
agency, an application to the Secretary describing--
(1) the partnership between the teacher preparation program
and the eligible local educational agency; and
(2) how the teacher preparation program is designed to meet
the needs of the teachers participating in the program and the
partnering local educational agency, including mentoring and
alignment of the teacher preparation program with the high
academic standards that students of the State where the teacher
preparation program is located are expected to meet.
(c) Use of Funds.--
(1) In general.--Each teacher preparation program receiving
a grant under this Act shall use the grant funds to award
scholarships to eligible teachers pursuing a graduate degree in
the area of mathematics, science, foreign language, or special
education.
(2) Administrative costs.--Each teacher preparation program
receiving a grant under this Act may use not more than 1
percent of the grant funds--
(A) to administer the scholarship program;
(B) to recruit teachers to participate in the
program; and
(C) to assist in designing the program to meet the
needs of the teacher and school.
(d) Scholarships.--Each individual awarded a scholarship under this
Act shall use the scholarship funds only to pay for the tuition and
fees associated with obtaining a graduate level degree.
SEC. 5. SCHOLARSHIP AGREEMENT.
Each eligible teacher awarded a scholarship under this Act shall
enter into an agreement with the eligible local educational agency and
the teacher preparation program, under which--
(1) the teacher preparation program agrees to award a
scholarship of a total of not less than $5,000 and not more
than $7,000 to the eligible teacher; and
(2) the eligible teacher agrees--
(A) to teach for 5 years after receiving the
graduate level degree, in the school the eligible
teacher previously taught or in a school designated by
the eligible local educational agency;
(B) to mentor a novice teacher in the eligible
local educational agency for 2 years; and
(C) to repay a pro rata portion of the scholarship
funds received if the teacher fails to comply with
subparagraph (A).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$30,000,000 for fiscal year 2006 and each of the 5 succeeding fiscal
years. | Master Teacher Scholarship Act of 2005 - Authorizes the Secretary of Education to make grants to teacher preparation programs (schools of education at institutions of higher education) to award scholarships to assist eligible teachers in obtaining a graduate level degree from such programs.
Makes eligible for such scholarships any teachers who: (1) teach elementary or secondary school special education or teach middle or secondary school mathematics, science, or foreign languages; (2) are employed by a local education agency (LEA) that serves a school qualifying for teacher Perkins loan cancellation, and that is in partnership with the teacher preparation program; and (3) agree to teach, for five years after receiving the degree, at the school they previously taught or one designated by the LEA, and to mentor a novice teacher in the LEA for two years. | {"src": "billsum_train", "title": "A bill to provide grants to teacher preparation programs at institutions of higher education to award scholarships for teachers to receive a graduate level degree."} | 1,064 | 165 | 0.617267 | 1.803337 | 0.81981 | 2.783439 | 6.382166 | 0.923567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Equity
Act''.
SEC. 2. AMENDMENTS.
(a) Federal Employees Retirement System.--
(1) In general.--Paragraph (17) of section 8401 of title 5,
United States Code, is amended by striking ``and'' at the end
of subparagraph (C), and by adding at the end the following:
``(E) an employee (not otherwise covered by this
paragraph)--
``(i) the duties of whose position include
the investigation or apprehension of
individuals suspected or convicted of offenses
against the criminal laws of the United States;
and
``(ii) who is authorized to carry a
firearm; and
``(F) an employee of the Internal Revenue Service,
the duties of whose position are primarily the
collection of delinquent taxes and the securing of
delinquent returns;''.
(2) Conforming amendment.--Section 8401(17)(C) of title 5,
United States Code, is amended by striking ``subparagraph (A)
and (B)'' and inserting ``subparagraphs (A), (B), (E), and
(F)''.
(b) Civil Service Retirement System.--Paragraph (20) of section
8331 of title 5, United States Code, is amended by inserting after
``position.'' (in the matter before subparagraph (A)) the following:
``For the purpose of this paragraph, the employees described in the
preceding provision of this paragraph (in the matter before
`including') shall be considered to include an employee, not otherwise
covered by this paragraph, who satisfies clauses (i)-(ii) of section
8401(17)(E) and an employee of the Internal Revenue Service the duties
of whose position are as described in section 8401(17)(F).''.
(c) Effective Date.--Except as provided in section 3, the
amendments made by this section shall take effect on the date of the
enactment of this Act, and shall apply only in the case of any
individual first appointed as a law enforcement officer (within the
meaning of those amendments) on or after such date.
SEC. 3. TREATMENT OF SERVICE PERFORMED BY INCUMBENTS.
(a) Law Enforcement Officer and Service Described.--
(1) Law enforcement officer.--Any reference to a law
enforcement officer described in this subsection refers to an
individual who satisfies the requirements of section 8331(20)
or 8401(17) of title 5, United States Code (relating to the
definition of a law enforcement officer) by virtue of the
amendments made by section 2.
(2) Service.--Any reference to service described in this
subsection refers to service performed as a law enforcement
officer (as described in this subsection).
(b) Incumbent Defined.--For purposes of this section, the term
``incumbent'' means an individual who--
(1) is first appointed as a law enforcement officer (as
described in subsection (a)) before the date of the enactment
of this Act; and
(2) is serving as such a law enforcement officer on such
date.
(c) Treatment of Service Performed by Incumbents.--
(1) In general.--Service described in subsection (a) which
is performed by an incumbent on or after the date of the
enactment of this Act shall, for all purposes (other than those
to which paragraph (2) pertains), be treated as service
performed as a law enforcement officer (within the meaning of
section 8331(20) or 8401(17) of title 5, United States Code, as
appropriate).
(2) Retirement.--Service described in subsection (a) which
is performed by an incumbent before, on, or after the date of
the enactment of this Act shall, for purposes of subchapter III
of chapter 83 and chapter 84 of title 5, United States Code, be
treated as service performed as a law enforcement officer
(within the meaning of such section 8331(20) or 8401(17), as
appropriate), but only if an appropriate written election is
submitted to the Office of Personnel Management within 5 years
after the date of the enactment of this Act or before
separation from Government service, whichever is earlier.
(d) Individual Contributions for Prior Service.--
(1) In general.--An individual who makes an election under
subsection (c)(2) may, with respect to prior service performed
by such individual, contribute to the Civil Service Retirement
and Disability Fund the difference between the unrefunded
individual contributions made for such service and the
individual contributions that should have been made for such
service if the amendments made by section 2 had then been in
effect.
(2) Effect of not contributing.--If no part of or less than
the full amount required under paragraph (1) is paid, all prior
service of the incumbent shall remain fully creditable as law
enforcement officer service, but the resulting annuity shall be
reduced in a manner similar to that described in section
8334(d)(2) of title 5, United States Code, to the extent
necessary to make up the amount unpaid.
(3) Prior service defined.--For purposes of this section,
the term ``prior service'' means, with respect to any
individual who makes an election under subsection (c)(2),
service (described in subsection (a)) performed by such
individual before the date as of which appropriate retirement
deductions begin to be made in accordance with such election.
(e) Government Contributions for Prior Service.--
(1) In general.--If an incumbent makes an election under
subsection (c)(2), the agency in or under which that individual
was serving at the time of any prior service (referred to in
subsection (d)) shall remit to the Office of Personnel
Management, for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund,
the amount required under paragraph (2) with respect to such
service.
(2) Amount required.--The amount an agency is required to
remit is, with respect to any prior service, the total amount
of additional Government contributions to the Civil Service
Retirement and Disability Fund (above those actually paid) that
would have been required if the amendments made by section 2
had then been in effect.
(3) Contributions to be made ratably.--Government
contributions under this subsection on behalf of an incumbent
shall be made by the agency ratably (on at least an annual
basis) over the 10-year period beginning on the date referred
to in subsection (d)(3).
(f) Exemption From Mandatory Separation.--Nothing in section
8335(b) or 8425(b) of title 5, United States Code, shall cause the
involuntary separation of a law enforcement officer (as described in
subsection (a)) before the end of the 3-year period beginning on the
date of the enactment of this Act.
(g) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this Act, including--
(1) provisions in accordance with which interest on any
amount under subsection (d) or (e) shall be computed, based on
section 8334(e) of title 5, United States Code; and
(2) provisions for the application of this section in the
case of--
(A) any individual who--
(i) satisfies paragraph (1) (but not
paragraph (2)) of subsection (b); and
(ii) serves as a law enforcement officer
(as described in subsection (a)) after the date
of the enactment of this Act; and
(B) any individual entitled to a survivor annuity
(based on the service of an incumbent, or of an
individual under subparagraph (A), who dies before
making an election under subsection (c)(2)), to the
extent of any rights that would then be available to
the decedent (if still living).
(h) Rule of Construction.--Nothing in this section shall be
considered to apply in the case of a reemployed annuitant. | Law Enforcement Officers Equity Act - Amends the definition of the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm, and (2) such employees of the Internal Revenue Service (IRS) whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires such service that is performed by an incumbent law enforcement officer: (1) on or after enactment of this Act to be treated for all purposes other than retirement as service performed as a law enforcement officer; and (2) before, on, or after enactment of this Act to be treated for federal retirement purposes as service performed as such an officer only if an appropriate written election is submitted to the Office of Personnel Management (OPM) within five years after enactment of this Act or before separation from government service, whichever is earlier. Provides that nothing under current law respecting mandatory separation from government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period following enactment. | {"src": "billsum_train", "title": "Law Enforcement Officers Equity Act"} | 1,797 | 289 | 0.594043 | 1.743431 | 0.830443 | 3.438525 | 6.680328 | 0.922131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioterrorism Prevention Act of
2001''.
SEC. 2. EXPANSION OF BIOLOGICAL WEAPONS STATUTE.
(a) Select Agents.--
(1) In general.--Section 175 of title 18, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
subsection:
``(b) Select Agents.--
``(1) Unsafe handling.--
``(A) In general.--Whoever possesses, uses, or
exercises control over a select agent in a manner
constituting reckless disregard for the public health
and safety, knowing the select agent to be a biological
agent or toxin, shall be fined under this title,
imprisoned for not more than one year, or both.
``(B) Aggravated offense.--Whoever, in the course
of a violation of subparagraph (A), causes bodily
injury to another shall be fined under this title, or
imprisoned for not more than 10 years, or both; except
that if death results from such violation, the person
committing the violation shall be fined under this
title, or imprisoned for any term of years or for life,
or both.
``(2) Unregistered for possession.--Whoever knowingly
possesses a biological agent or toxin where such agent or toxin
is a select agent for which such person has not obtained a
registration under section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(3) Transfer to unregistered person.--Whoever knowingly
transfers a select agent to a person who has not obtained a
registration under section 511(e) of the Antiterrorism and
Effective Death Penalty Act of 1996 shall be fined under this
title, or imprisoned for not more than 5 years, or both.
``(4) Restricted persons.--Whoever is a restricted person
and knowingly ships or transports a select agent in interstate
or foreign commerce, or knowingly receives a select agent so
shipped or transported, or knowingly possesses a select agent
in or affecting interstate or foreign commerce, shall be fined
under this title, or imprisoned for not more than 5 years, or
both. The preceding sentence does not apply with respect to any
duly authorized governmental activity under title V of the
National Security Act of 1947.''.
(2) Definitions.--Section 175 of title 18, United States
Code, as amended by paragraph (1) of this subsection, is
amended by amending subsection (c) to read as follows:
``(c) Definitions.--As used in this section:
``(1) The terms `biological agent' and `toxin' have the
meanings given such terms in section 178, except that, for
purposes of subsection (b), such terms do not encompass any
biological agent or toxin that is in its naturally occurring
environment, if the biological agent or toxin has not been
cultivated, cultured, collected, or otherwise extracted from
its natural source.
``(2) The term `bodily injury' has the meaning given such
term in section 1365.
``(3) The term `for use as a weapon' includes the
development, production, transfer, acquisition, retention, or
possession of any biological agent, toxin, or delivery system,
other than for prophylactic, protective, or other peaceful
purposes.
``(4)(A) The term `restricted person' means a person--
``(i) who is described in section 922(g), as such
section was in effect on the day before the effective
date of this paragraph; or
``(ii) who is an alien, other than an alien
lawfully admitted for permanent residence or an alien
who under subparagraph (B) is considered not to be a
restricted person.
``(B) For purposes of subparagraph (A)(ii):
``(i) An alien is considered not to be a restricted
person if the alien is within a category designated
under clause (ii) of this subparagraph.
``(ii) The Secretary of Health and Human Services,
in consultation with the Attorney General, may
designate categories of individuals who have--
``(I) nonimmigrant visas as defined in
section 101(a)(26) of the Immigration and
Nationality Act; and
``(II) expertise valuable to the United
States regarding select agents.
``(5) The term `select agent' means a biological agent or
toxin, as defined in paragraph (1), that--
``(A) is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132); and
``(B) has not been exempted from the applicability
of regulations under section 511(e) of such Act.''.
(3) Effective date regarding restricted persons;
regulations.--
(A) Effective date.--Section 175(b)(4) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section, takes effect upon the expiration of the
90-day period beginning on the date of the enactment of
this Act.
(B) Regulations.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall determine whether the
Secretary will designate any categories or individuals
for purposes of section 175(c)(4)(B) of title 18,
United States Code, as added by subsection (a)(1)(B) of
this section. If the Secretary determines that one or
more such categories will be designated, the Secretary
shall promulgate an interim final rule for purposes of
such section not later than 60 days after such date of
enactment.
(4) Conforming amendment.--Section 175(a) of title 18,
United States Code, is amended in the second sentence by
striking ``under this section'' and inserting ``under this
subsection''.
(b) Amendments to Antiterrorism and Effective Death Penalty Act of
1996.--
(1) Possession and use.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) by striking subsection (f);
(ii) by redesignating subsection (g) as
subsection (i); and
(iii) by inserting after subsection (e) the
following subsection:
``(f) Possession and Use of Listed Biological Agents and Toxins.--
``(1) In general.--The Secretary shall by regulation
provide for the establishment and enforcement of standards and
procedures governing the possession and use of biological
agents and toxins listed pursuant to subsection (d)(1) in order
to protect the public health and safety, including safeguards
to prevent access to such agents and toxins for use in domestic
or international terrorism or for any other criminal purpose.
``(2) Registration.--Regulations under paragraph (1) shall
provide for registration requirements regarding the possession
and use of biological agents and toxins listed pursuant to
subsection (d)(1).''.
(B) Regulations.--
(i) Date certain for promulgation;
effective date regarding criminal and civil
penalties.--Not later than 30 days after the
date of the enactment of this Act, the
Secretary of Health and Human Services shall
promulgate an interim final rule for carrying
out section 511(f) of the Antiterrorism and
Effective Death Penalty Act of 1996, as added
by subparagraph (A) of this paragraph. Such
interim final rule takes effect 60 days after
the date on which such rule is promulgated,
including for purposes of--
(I) section 175(b)(2) of title 18,
United States Code (relating to
criminal penalties), as added by
subsection (a)(1)(B) of this section;
and
(II) section 511(h) of the
Antiterrorism and Effective Death
Penalty Act of 1996 (relating to civil
penalties), as added by paragraph (3)
of this subsection.
(ii) Submission of registration
applications.--In the case of a person who, as
of the date of the enactment of this Act, is in
possession of a biological agent or toxin that
is listed pursuant to section 511(d)(1) of the
Antiterrorism and Effective Death Penalty Act
of 1996, such person shall, in accordance with
the interim final rule promulgated under clause
(i), submit an application for a registration
to possess such agent or toxin not later than
30 days after the date on which such rule is
promulgated.
(2) Disclosures of information.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996, as amended by
paragraph (1) of this subsection, is amended by
inserting after subsection (f) the following
subsection:
``(g) Disclosure of Information.--
``(1) In general.--Any information in the possession of any
Federal agency that identifies a person, or the geographic
location of a person, who is registered pursuant to regulations
under this section (including regulations promulgated before
the effective date of this subsection), and any site-specific
information relating to the type, quantity, or identity of a
biological agent or toxin listed pursuant to subsection (d)(1)
or the site-specific security mechanisms in place to protect
such agents and toxins, shall not be disclosed under section
552(a) of title 5, United States Code.
``(2) Disclosures for public health and safety; congress.--
Nothing in this section may be construed as preventing the head
of any Federal agency--
``(A) from making disclosures of information
described in paragraph (1) for purposes of protecting
the public health and safety; or
``(B) from making disclosures of such information
to any committee or subcommittee of the Congress with
appropriate jurisdiction, upon request.''.
(B) Effective date.--The effective date for the
amendment made by subparagraph (A) shall be the same as
the effective date for the final rule issued pursuant
to section 511(d)(1) of the Antiterrorism and Effective
Death Penalty Act of 1996 (Public Law 104-132).
(3) Civil penalties.--Section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996, as amended by paragraphs
(1) and (2) of this subsection, is amended by inserting after
subsection (g) the following subsection:
``(h) Civil Penalty.--Any person who violates a regulation under
subsection (e) or (f) shall be subject to the United States for a civil
penalty in an amount not exceeding $250,000 in the case of an
individual and $500,000 in the case of any other person.''.
(4) Clarification of scope of select agent rule; terrorism;
responsibilities of secretary of health and human services.--
(A) In general.--Section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (Public Law
104-132) is amended--
(i) in each of subsections (d) and (e)--
(I) by inserting ``and toxins''
after ``agents'' each place such term
appears; and
(II) by inserting ``or toxin''
after ``agent'' each place such term
appears; and
(ii) in subsection (i) (as redesignated by
paragraph (1) of this subsection), in paragraph
(1), by striking ``the term `biological agent'
has'' and inserting ``the terms `biological
agent' and `toxin' have''.
(B) Effective date.--The effective date for the
amendments made by subparagraph (A) shall be as if the
amendments had been included in the enactment of
section 511 of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104-132).
(5) Conforming amendments.--Section 511 of the
Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132) is amended--
(A) in subsection (d)(1)(A), by striking ``shall,
through regulations promulgated under subsection (f),''
and inserting ``shall by regulation'';
(B) in subsection (e), in the matter preceding
paragraph (1), by striking ``shall, through regulations
promulgated under subsection (f),'' and inserting
``shall by regulation'';
(C) in subsection (d)--
(i) in the heading for the subsection, by
striking ``Agents'' and inserting ``Agents and
Toxins''; and
(ii) in the heading for paragraph (1), by
striking ``agents'' and inserting ``agents and
toxins''; and
(D) in the heading for subsection (e), by striking
``Agents'' and inserting ``Agents and Toxins''.
(c) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Health and Human Services,
after consultation with other appropriate Federal agencies, shall
submit to the Congress a report that--
(1) describes the extent to which there has been compliance
by governmental and private entities with applicable
regulations under section 511 of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132),
including the extent of compliance before the date of the
enactment of this Act, and including the extent of compliance
with regulations promulgated after such date of enactment;
(2) describes the future plans of the Secretary for
determining compliance with regulations under such section 511
and for taking appropriate enforcement actions; and
(3) provides any recommendations of the Secretary for
administrative or legislative initiatives regarding such
section 511.
Passed the House of Representatives October 23, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Bioterrorism Prevention Act of 2001 - Amends the Federal criminal code to set penalties for: (1) possessing, using, or exercising control over a "select agent" (i.e., a biological agent or toxin that is listed and not exempt under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)) in a manner constituting reckless disregard for the public health and safety, knowing the agent to be a biological agent or toxin; (2) causing bodily injury to another in the course of a violation; (3) possessing such agents without registration; and (4) transferring such agents to an unregistered person.Prohibits "restricted persons" (i.e., specified persons prohibited by the code from owning a handgun) from possessing, or taking specified actions with respect to, select agents. Allows the Secretary of Health and Human Services to designate categories or individuals who may be admitted to the United States on non-immigrant visas to permit them to work with such agents.Amends the AEDPA to direct the Secretary to: (1) provide by regulation for the establishment and enforcement of standards and procedures governing the possession and use of biological agents and toxins in order to protect the public health and safety, including safeguards to prevent access to such agents and toxins for use in domestic or international terrorism or for other criminal purposes; and (2) promulgate an interim final rule.Prohibits the disclosure under the Freedom of Information Act of agency information that identifies a person, or the geographic location of a person, who is registered pursuant to such regulations, and any site-specific information relating to the type, quantity, or identity of a listed biological agent or toxin or the site-specific security mechanisms in place to protect such agents and toxins, except for disclosures for purposes of protecting public health and safety, or to congressional committees or subcommittees with appropriate jurisdiction upon request.Establishes civil penalties of up to $250,000 in the case of an individual and $500,000 in the case of entities for violation of AEDPA regulations regarding transfers of listed biological agents.Directs the Secretary to report to Congress on compliance with the existing and expanded regulatory regime for control of select agents, and to provide recommendations for administrative or legislative initiatives. | {"src": "billsum_train", "title": "To amend the Antiterrorism and Effective Death Penalty Act of 1996 with respect to the responsibilities of the Secretary of Health and Human Services regarding biological agents and toxins, and to amend title 18, United States Code, with respect to such agents and toxins."} | 3,191 | 507 | 0.613609 | 1.932474 | 0.720077 | 4.028169 | 6.669014 | 0.892019 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Gasoline Consumer
Anti-price-gouging Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Protection of consumers against price gouging.
Sec. 3. Justifiable price increases.
Sec. 4. Emergency proclamations and orders.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Penalties.
Sec. 7. Definitions.
Sec. 8. Effective date.
SEC. 2. PROTECTION OF CONSUMERS AGAINST PRICE GOUGING.
It is unlawful for any supplier to increase the price at which that
supplier sells, or offers to sell, gasoline or petroleum distillates
in, or for use in--
(1) an area covered by a Presidential proclamation issued
under section 4(a)(1) by an unconscionable amount during the
period beginning on the date the proclamation is issued and
ending on the date specified in the proclamation; or
(2) an area covered by a Federal Trade Commission emergency
order issued under section 4(a)(2) by an unconscionable amount
during the period beginning on the date the order is issued and
ending on the date specified in the order.
SEC. 3. JUSTIFIABLE PRICE INCREASES.
(a) In General.--The prohibition in section 2 does not apply to the
extent that the increase in the price of the gasoline or petroleum
distillate is substantially attributable to--
(1) an increase in the wholesale cost of gasoline and
petroleum distillates to a retail seller or reseller;
(2) an increase in the replacement costs for gasoline or
petroleum distillate sold;
(3) an increase in operational costs; or
(4) local, regional, national, or international market
conditions.
(b) Other Mitigating Factors.--In determining whether a violation
of section 2 has occurred, there also shall be taken into account,
among other factors, the price that would reasonably equate supply and
demand in a competitive and freely functioning market and whether the
price at which the gasoline or petroleum distillate was sold reasonably
reflects additional costs or risks, not within the control of the
seller, that were paid or incurred by the seller.
SEC. 4. EMERGENCY PROCLAMATIONS AND ORDERS.
(a) In General.--
(1) Presidential emergency proclamations.--The President
may issue an emergency proclamation when an abnormal market
disruption has occurred or is reasonably expected to occur.
(2) FTC emergency orders.--In the absence of a Presidential
proclamation under paragraph (1), the Federal Trade Commission,
by majority vote, may--
(A) determine that an abnormal market disruption
affecting more than 1 State has occurred or is
reasonably expected to occur; and
(B) issue an emergency order if it makes such a
determination.
(b) Scope and Duration.--
(1) In general.--The emergency proclamation or order--
(A) shall specify with particularity--
(i) the period for which the proclamation
or order applies; and
(ii) the event, circumstance, or condition
that is the reason such a proclamation or order
is determined to be necessary; and
(B) may specify the area or region to which it
applies, which, for the 48 contiguous States, may not
be limited to a single State.
(2) Limitations.--An emergency proclamation or an order
under subsection (a)--
(A) may not apply for a period of more than 30
consecutive days (renewable for a consecutive period of
not more than 30 days); and
(B) may apply to a period of not more than 7 days
preceding the occurrence of an event, circumstance, or
condition that is the reason such a proclamation or
order is necessary.
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Violation Is Unfair or Deceptive Act or Practice.--Section 2 of
this Act shall be enforced by the Federal Trade Commission as if the
violation of section 2 were an unfair or deceptive act or practice
proscribed under a rule issued under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Actions by the Commission.--The Commission shall prevent any
supplier from violating this Act in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any entity that violates any provision of this Act is subject to the
penalties and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same means, and
with the same jurisdiction, power, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Federal Trade Commission shall prescribe
such regulations as may be necessary or appropriate to implement this
Act.
SEC. 6. PENALTIES.
(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act any supplier who
violates this Act is punishable by a civil penalty of--
(A) not more than $500,000, in the case of an
independent small business marketer of gasoline (within
the meaning of section 324(c) of the Clean Air Act (42
U.S.C. 7625(c)); and
(B) not more than $5,000,000 in the case of any
other supplier.
(2) Method of assessment.--The penalty provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the Commission shall take into consideration
the seriousness of the violation and the efforts of the
supplier committing the violation to remedy the harm
caused by the violation in a timely manner.
(b) Criminal Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act, the violation of this
Act is punishable by a fine of not more than $1,000,000,
imprisonment for not more than 2 years, or both.
(2) Enforcement.--The criminal penalty provided by
paragraph (1) may be imposed only pursuant to a criminal action
brought by the Attorney General or other officer of the
Department of Justice, or any attorney specially appointed by
the Attorney General of the United States, in accordance with
section 515 of title 28, United States Code.
SEC. 7. DEFINITIONS.
In this Act:
(1) Abnormal market disruption.--The term ``abnormal market
disruption'' means there is a reasonable likelihood that, in
the absence of a proclamation under section 4(a), there will be
an increase in the average price of gasoline or petroleum
distillates as a result of a change in the market, whether
actual or imminently threatened, resulting from extreme
weather, a natural disaster, strike, civil disorder, war,
military action, a national or local emergency, or other
similar cause, that adversely affects the availability or
delivery gasoline or petroleum distillates.
(2) Supplier.--The term ``supplier'' means any person
engaged in the trade or business of selling, reselling, at
retail or wholesale, or distributing gasoline or petroleum
distillates.
(3) Unconscionable amount.--The term ``unconscionable
amount'' means, with respect to any supplier to whom section 2
applies, a significant increase in the price at which gasoline
or petroleum distillates are sold or offered for sale by that
supplier that increases the price, for the same grade of
gasoline or petroleum distillate, to an amount that--
(A) substantially exceeds the average price at
which gasoline or petroleum distillates were sold or
offered for sale by that supplier during the 30-day
period immediately preceding the sale or offer;
(B) substantially exceeds the average price at
which gasoline or petroleum distillates were sold or
offered for sale by that person's competitors during
the period for which the emergency proclamation
applies; and
(C) cannot be justified by taking into account the
factors described in section 3.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect on the date on which a final rule issued
by the Federal Trade Commission under section 5(c) is published in the
Federal Register. | Gasoline Consumer Anti-price-gouging Protection Act - Makes it unlawful for any supplier to increase the price for gasoline or petroleum distillates in an area covered by: (1) an emergency proclamation issued by the President that an abnormal market has or is expected to occur; or (2) a Federal Trade Commission (FTC) emergency order that an abnormal market disruption affecting more than one state has or is expected to occur. Makes such prohibition inapplicable to justifiable increases. Authorizes the President or FTC to issue such proclamations or orders.
Provides: (1) prohibition enforcement through the FTC; and (2) civil and criminal penalties for violations. | {"src": "billsum_train", "title": "A bill to protect the welfare of consumers by prohibiting price gouging by merchants with respect to gasoline or petroleum distillates during certain abnormal market disruptions."} | 1,954 | 144 | 0.596852 | 1.659176 | 0.746549 | 2.904 | 14.192 | 0.952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Credit Card Abuse
Prevention Act of 2007''.
SEC. 2. MANAGEMENT OF PURCHASE CARDS.
(a) Required Safeguards and Internal Controls.--The head of each
executive agency that issues and uses purchase cards and convenience
checks shall establish and maintain safeguards and internal controls to
ensure the following:
(1) There is a record in each executive agency of each
holder of a purchase card issued by the agency for official
use, annotated with the limitations on single transaction and
total credit amounts that are applicable to the use of each
such card by that purchase cardholder.
(2) Each purchase card holder is assigned an approving
official other than the card holder with the authority to
approve or disapprove expenditures.
(3) The holder of a purchase card and each official with
authority to authorize expenditures charged to the purchase
card are responsible for--
(A) reconciling the charges appearing on each
statement of account for that purchase card with
receipts and other supporting documentation; and
(B) forwarding such reconciliation to the
designated official who certifies the bill for payment
in a timely manner.
(4) Any disputed purchase card charge, and any discrepancy
between a receipt and other supporting documentation and the
purchase card statement of account, is resolved in the manner
prescribed in the applicable Governmentwide purchase card
contract entered into by the Administrator of General Services.
(5) Payments on purchase card accounts are made promptly
within prescribed deadlines to avoid interest penalties.
(6) Rebates and refunds based on prompt payment on purchase
card accounts are monitored for accuracy and properly recorded
as a receipt to the agency that pays the monthly bill.
(7) Records of each purchase card transaction (including
records on associated contracts, reports, accounts, and
invoices) are retained in accordance with standard Government
policies on the disposition of records.
(8) Periodic reviews are performed to determine whether
each purchase cardholder has a need for the purchase card.
(9) Appropriate training is provided to each purchase
cardholder and each official with responsibility for overseeing
the use of purchase cards issued by an executive agency.
(10) The executive agency has specific policies regarding
the number of purchase cards issued by various organizations
and categories of organizations, the credit limits authorized
for various categories of cardholders, and categories of
employees eligible to be issued purchase cards, and that those
policies are designed to minimize the financial risk to the
Federal Government of the issuance of the purchase cards and to
ensure the integrity of purchase cardholders.
(11) The executive agency utilizes technologies to prevent
or identify fraudulent purchases, including controlling
merchant codes and utilizing statistical machine learning and
pattern recognition technologies that review the risk of every
transaction.
(12) The executive agency invalidates the purchase card of
each employee who--
(A) ceases to be employed by the agency immediately
upon termination of the employment of the employee; or
(B) transfers to another unit of the agency
immediately upon the transfer of the employee.
(13) The executive agency takes steps to recover the cost
of any improper or fraudulent purchase made by an employee,
including, as necessary, through salary offsets.
(b) Management of Purchase Cards.--The head of each executive
agency shall prescribe regulations implementing the safeguards and
internal controls in subsection (a). The regulations shall be
consistent with regulations that apply Governmentwide regarding the use
of purchase cards by Government personnel for official purposes.
(c) Penalties for Violations.--The regulations prescribed under
subsection (b) shall provide for appropriate adverse personnel actions
or other punishment to be imposed in cases in which employees of an
executive agency violate such regulations or are negligent or engage in
misuse, abuse, or fraud with respect to a purchase card, including
imposition of the following penalties:
(1) In the case of an employee who is suspected by the
executive agency to have engaged in fraud, referral of the case
to the United States Attorney with jurisdiction over the
matter.
(2) In the case of an employee who is found guilty of fraud
or found by the executive agency to have egregiously abused a
purchase card, dismissal of the employee.
(d) Risk Assessments and Audits.--The Inspector General of each
executive agency shall--
(1) periodically conduct risk assessments of the agency
purchase card program and associated internal controls and
analyze identified weaknesses and the frequency of improper
activity in order to develop a plan for using such risk
assessments to determine the scope, frequency, and number of
periodic audits of purchase cardholders;
(2) perform periodic audits of purchase cardholders
designed to identify--
(A) potentially fraudulent, improper, and abusive
uses of purchase cards;
(B) any patterns of improper cardholder
transactions, such as purchases of prohibited items;
and
(C) categories of purchases that should be made by
means other than purchase cards in order to better
aggregate purchases and obtain lower prices;
(3) report to the head of the executive agency concerned on
the results of such audits; and
(4) report to the Director of the Office of Management and
Budget and the Comptroller General on the implementation of
recommendations made to the head of the executive agency to
address findings during audits of purchase cardholders.
(e) Definition of Executive Agency.--In this section, the term
``executive agency'' has the meaning given such term in section 4(1) of
the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
(f) Relationship to Department of Defense Purchase Card
Regulations.--
(1) In general.--Except as provided by the amendments made
by paragraph (2), the requirements under this section shall not
apply to the Department of Defense.
(2) Exception.--Section 2784(b) of title 10, United States
Code, is amended--
(A) in paragraph (8), by striking ``periodic
audits'' and all that follows through the period at the
end and inserting ``risk assessments of the agency
purchase card program and associated internal controls
and analyze identified weaknesses and the frequency of
improper activity in order to develop a plan for using
such risk assessments to determine the scope,
frequency, and number of periodic audits of purchase
cardholders.''; and
(B) by adding at the end the following new
paragraphs:
``(11) That the Department of Defense utilizes technologies
to prevent or identify fraudulent purchases, including
controlling merchant codes and utilizing statistical machine
learning and pattern recognition technologies that review the
risk of every transaction.
``(12) That the Secretary of Defense--
``(A) invalidates the purchase card of each
employee who ceases to be employed by the Department of
Defense immediately upon termination of the employment
of the employee; and
``(B) invalidates the purchase card of each
employee who transfers to another agency or subunit
within the Department of Defense immediately upon such
transfer.''.
SEC. 3. MANAGEMENT OF TRAVEL CARDS.
Section 2 of the Travel and Transportation Reform Act of 1998
(Public Law 105-264; 5 U.S.C. 5701 note) is amended by adding at the
end the following new subsection:
``(h) Management of Travel Charge Cards.--
``(1) Required safeguards and internal controls.--The head
of each executive agency that has employees that use travel
charge cards shall establish and maintain safeguards and
internal controls over travel charge cards to ensure the
following:
``(A) There is a record in each executive agency of
each holder of a travel charge card issued by the
agency for official use, annotated with the limitations
on amounts that are applicable to the use of each such
card by that travel charge cardholder.
``(B) Rebates and refunds based on prompt payment
on travel charge card accounts are properly recorded as
a receipt of the agency that employs the cardholder.
``(C) Periodic reviews are performed to determine
whether each travel charge cardholder has a need for
the travel charge card.
``(D) Appropriate training is provided to each
travel charge cardholder and each official with
responsibility for overseeing the use of travel charge
cards issued by an executive agency.
``(E) Each executive agency has specific policies
regarding the number of travel charge cards issued by
various organizations and categories of organizations,
the credit limits authorized for various categories of
cardholders, and categories of employees eligible to be
issued travel charge cards, and that those policies are
designed to minimize the financial risk to the Federal
Government of the issuance of the travel charge cards
and to ensure the integrity of travel charge
cardholders.
``(F) The head of each executive agency negotiates
with the holder of the applicable travel card contract,
or a third party provider of credit evaluations if such
provider offers more favorable terms, to evaluate the
creditworthiness of an individual before issuing the
individual a travel charge card, and that no individual
be issued a travel charge card if the individual is
found not creditworthy as a result of the evaluation
(except that this paragraph shall not preclude issuance
of a restricted use travel charge card when the
individual lacks a credit history or the issuance of a
pre-paid card when the individual has a credit score
below the minimum credit score established by the
agency). Each executive agency shall establish a
minimum credit score for determining the
creditworthiness of an individual based on rigorous
statistical analysis of the population of cardholders
and historical behaviors. Notwithstanding any other
provision of law, such evaluation shall include an
assessment of an individual's consumer report from a
consumer reporting agency as those terms are defined in
section 603 of the Fair Credit Reporting Act. The
obtaining of a consumer report under this subsection is
deemed to be a circumstance or purpose authorized or
listed under section 604 of the Fair Credit Reporting
Act.
``(G) Each executive agency utilizes technologies
to prevent or identify fraudulent purchases, including
controlling merchant codes and utilizing statistical
machine learning and pattern recognition technologies
that review the risk of every transaction.
``(H) Each executive agency ensures that the travel
charge card of each employee who ceases to be employed
by the agency is invalidated immediately upon
termination of the employment of the employee.
``(I) Each executive agency utilizes mandatory
split disbursements for travel card purchases.
``(2) Regulations.--The Administrator of General Services
shall prescribe regulations governing the implementation of the
safeguards and internal controls in paragraph (1) by executive
agencies.
``(3) Penalties for violations.--The regulations prescribed
under paragraph (2) shall provide for appropriate adverse
personnel actions or other punishment to be imposed in cases in
which employees of an executive agency violate such regulations
or are negligent or engage in misuse, abuse, or fraud with
respect to a travel charge card, including removal in
appropriate cases.
``(4) Assessments.--The Inspector General of each executive
agency shall--
``(A) periodically conduct risk assessments of the
agency travel card program and associated internal
controls and analyze identified weaknesses and the
frequency of improper activity in order to develop a
plan for using such risk assessments to determine the
scope, frequency, and number of periodic audits of
purchase cardholders;
``(B) perform periodic audits of travel cardholders
designed to identify potentially fraudulent, improper,
and abusive uses of travel cards;
``(C) report to the head of the executive agency
concerned on the results of such audits; and
``(D) report to the Director of the Office of
Management and Budget and the Comptroller General on
the implementation of recommendations made to the head
of the executive agency to address findings during
audits of travel cardholders.
``(5) Definitions.--In this subsection:
``(A) The term `executive agency' means an agency
as that term is defined in section 5701 of title 5,
United States Code, except that it is in the executive
branch.
``(B) The term `travel charge card' means the
Federal contractor-issued travel charge card that is
individually billed to each cardholder.''.
SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS.
The head of an executive agency that has employees who use a
centrally billed account shall establish and maintain safeguards and
internal controls to ensure the following:
(1) Items submitted on an employee's travel voucher are
compared with items paid for using a centrally billed account
to ensure that an employee is not reimbursed for an item
already paid for through a centrally billed account.
(2) The executive agency submits requests for refunds for
unauthorized purchases to the holder of the applicable contract
for a centrally billed account.
(3) The executive agency submits requests for refunds for
fully or partially unused tickets to the holder of the
applicable contract for a centrally billed account.
SEC. 5. REGULATIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the head of each executive agency shall promulgate
regulations to implement the requirements of sections 2 and 4;
and
(2) the Administrator of General Services shall promulgate
regulations required pursuant to the amendments made by section
3.
(b) Best Practices.--Regulations promulgated under this section
shall reflect best practices for conducting purchase card and travel
card programs. | Government Credit Card Abuse Prevention Act of 2007 - Requires the head of each executive agency, except the Department of Defense (DOD), to: (1) establish safeguards and internal controls for purchase cards, convenience checks, and travel cards; and (2) prescribe regulations implementing such safeguards and controls that provide for adverse personnel actions or other punishment against employees for card violations, negligence, misuse, abuse, or fraud.
Requires each agency Inspector General to: (1) periodically conduct risk assessments of agency purchase and travel card programs and associated internal controls, analyze weaknesses and the frequency of improper activity, and develop a plan to determine the scope, frequency, and number of periodic audits of cardholders; (2) perform periodic audits of card holders and report results to the agency head; and (3) report to the Director of the Office of Management and Budget (OBM) and the Comptroller General on the implementation of recommendations to address audit findings.
Requires DOD regulations that govern the use and control of purchase cards and convenience checks that are issued to DOD personnel to include safeguards and internal controls to ensure that: (1) the Inspector Generals of DOD, the Army, the Navy, and the Airforce periodically conduct risk assessments of the DOD purchase card program and associated internal controls, analyze weaknesses and the frequency of improper activity, and develop a plan to determine the scope, frequency, and number of periodic audits of cardholders; (2) DOD utilizes technologies to prevent or identify fraudulent purchases, including controlling merchant codes and utilizing statistical machine learning and pattern recognition technologies that review the risk of every transaction; and (3) DOD invalidates the purchase card of terminated or transferred employees.
Amends the Travel and Transportation Reform Act of 1998 to require each agency head to establish safeguards and internal controls over travel charge cards. Requires the Administrator of General Services to prescribe regulations governing the implementation of such safeguards and internal controls.
Requires the heads of agencies that have employees who use centrally billed accounts to establish safeguards and internal controls to ensure that agencies: (1) compare items submitted on an employee's travel voucher with items paid using such an account; (2) dispute unauthorized charges and track disputed transactions to ensure appropriate resolution; and (3) submit requests for refunds for fully or partially unused tickets to the holder of the applicable contract for a centrally billed account. | {"src": "billsum_train", "title": "To prevent abuse of Government credit cards."} | 2,832 | 498 | 0.69407 | 2.568819 | 0.756617 | 4.091304 | 6.013043 | 0.926087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American 5-Cent Coin Design
Continuity Act of 2002''.
SEC. 2. DESIGNS ON THE 5-CENT COIN COMMEMORATING THE BICENTENNIAL OF
THE LOUISIANA PURCHASE.
(a) In General.--Subject to subsection (b) and after consulting
with the Coin Design Advisory Committee and the Commission of Fine
Arts, the Secretary of the Treasury may change the design on the
obverse and the reverse of the 5-cent coin for coins issued in 2003,
2004, and 2005 in commemoration of the bicentennial of the Louisiana
Purchase.
(b) Design Specifications.--
(1) Obverse.--If the Secretary of the Treasury elects to
change the obverse of 5-cent coins issued during 2003, 2004,
and 2005, the design shall include an image of President Thomas
Jefferson in commemoration of his role with respect to the
Louisiana Purchase and the commissioning of the Louis and Clark
Expedition to explore the newly acquired territory.
(2) Reverse.--If the Secretary of the Treasury elects to
change the reverse of the 5-cent coins issued during 2003,
2004, and 2005, the design selected shall commemorate the
Louisiana Purchase.
(3) Other inscriptions.--5-cent coins issued during 2003,
2004, and 2005 shall continue to meet all other requirements
for inscriptions and designations applicable to circulating
coins under section 5112(d)(1) of title 31, United States Code.
SEC. 3. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE COMMEMORATION OF
THE BICENTENNIAL OF THE LOUISIANA PURCHASE.
(a) In General.--Section 5112(d)(1) of title 31, United States
Code, is amended by inserting after the 4th sentence the following new
sentences: ``The obverse of any 5-cent coin issued after December 31,
2005, shall bear an image of Thomas Jefferson. The reverse of any 5-
cent coin issued after December 31, 2005, shall bear an image of the
home of Thomas Jefferson at Monticello.''.
(b) Design Consultation.-- The 2d sentence of section 5112(d)(2) of
title 31, United States Code, is amended by inserting ``, after
consulting with the Coin Design Advisory Committee and the Commission
of Fine Arts,'' after ``The Secretary may''.
SEC. 4. COIN DESIGN ADVISORY COMMITTEE.
(a) In General.--Subchapter III of chapter 51 of title 31, United
States Code, is amended by inserting after section 5136 (as amended by
section 5 of this Act) the following new section:
``Sec. 5137. Coin Design Advisory Committee
(a) Establishment.--There is hereby established the Coin Design
Advisory Committee (in this section referred to as the ``Advisory
Committee'').
``(b) Membership.--
(1) Appointment.--The Advisory Committee shall consist of 9
members, as follows:
``(A) The Chief of Staff to the Secretary of the
Treasury.
``(B) 4 persons appointed by the President--
``(i) 1 of whom shall be appointed for a
term of 4 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience as a nationally or
internationally recognized curator in the
United States of a numismatic collection;
``(ii) 1 of whom shall be appointed for a
term of 4 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their experience in the
medallic arts or sculpture;
``(iii) 1 of whom shall be appointed for a
term of 3 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience in American history;
and
``(iv) 1 of whom shall be appointed for a
term of 2 years from among individuals who are
specially qualified to serve on the Advisory
Committee by virtue of their education,
training, or experience in numismatics.
``(C) 1 person appointed by the Speaker of the
House of Representatives from among individuals who are
specially qualified to serve on the Advisory Committee
by virtue of their education, training, or experience,
including staff employees of the House of
Representatives, who shall serve at the pleasure of the
Speaker.
``(D) 1 person appointed by the minority leader of
the House of Representatives from among individuals who
are specially qualified to serve on the Advisory
Committee by virtue of their education, training, or
experience, including staff employees of the House of
Representatives, who shall serve at the pleasure of the
minority leader.
``(E) 1 person appointed by the majority leader of
the Senate from among individuals who are specially
qualified to serve on the Advisory Committee by virtue
of their education, training, or experience, including
staff employees of the Senate, who shall serve at the
pleasure of the majority leader.
``(F) 1 person appointed by the minority leader of
the Senate from among individuals who are specially
qualified to serve on the Advisory Committee by virtue
of their education, training, or experience, including
staff employees members of the Senate, who shall serve
at the pleasure of the minority leader.
``(2) Continuation of service.--Each appointed member may
continue to serve after the expiration of the term of office to
which such member was appointed until a successor has been
appointed and qualified.
``(3) Vacancy.--
``(A) In general.--Any vacancy on the Advisory
Committee shall be filled in the manner in which the
original appointment was made.
``(B) Acting officials may serve.--In the event of
a vacancy in a position described in paragraph (1)(A),
and pending the appointment of a successor, or during
the absence or disability of any individual serving in
any such position, any individual serving in an acting
capacity in any such position may serve on the Advisory
Committee while serving in such capacity.
``(4) Chairperson.--The Chairperson of the Advisory
Committee shall be the person serving in the position described
in paragraph (1)(A) (or serving in an acting capacity in such
position).
``(5) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service but each member of the
Advisory Committee shall be reimbursed from the United States
Mint Public Enterprise Fund for expenses incurred in connection
with attendance of such members at meetings of the Advisory
Committee.
``(6) Meetings.--The Advisory Committee shall meet, not
less frequently than quarterly, at the call of the chairperson
or a majority of the members.
``(7) Quorum.--7 members of the Advisory Committee shall
constitute a quorum.
``(c) Duties of the Advisory Committee.--The duties of the Advisory
Committee are as follows:
``(1) Advise the Secretary of the Treasury on any design
proposals relating to circulating coinage and numismatic items,
including congressional gold medals.
``(2) Advise the Secretary of the Treasury with regard to
any other proposals or issues relating to any items produced by
the United States Mint that the Secretary may request of the
Advisory Committee.
``(d) Administrative Support Services.--Upon the request of the
Advisory Committee, the Director of the United States Mint shall
provide to the Advisory Committee the administrative support services
necessary for the Advisory Committee to carry out its responsibilities
under this section.
``(e) Annual Report.--
``(1) Required.--Not later than January 30 of each year,
the Advisory Committee shall submit a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate.
``(2) Contents.--The report required by paragraph (1) shall
describe the activities of the Advisory Committee during the
preceding year and the reports and recommendations made by the
Advisory Committee to the Secretary of the Treasury.
``(f) Federal Advisory Committee Act Does Not Apply.--The Federal
Advisory Committee Act shall not apply with respect to the Committee,
except that each meeting of the Advisory Committee shall be open to the
public following publication of a notice of the meeting in the Federal
Register.''.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | American 5-Cent Coin Design Continuity Act of 2002 - Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005 to commemorate the bicentennial of the Louisiana Purchase. States that: (1) if the Secretary elects to change the obverse side design, the new design shall include an image of President Thomas Jefferson in commemoration of his role with respect to the Louisiana Purchase and the commissioning of the Louis and Clark Expedition; and (2) if the reverse side depiction is changed, the new design shall commemorate the Louisiana Purchase.Amends Federal law to declare that after December 31, 2005, any five-cent coin issued shall bear on its obverse side an image of Thomas Jefferson, and on its reverse side an image of Jefferson's home at Monticello.Establishes the Coin Design Advisory Committee to advise the Secretary on any design proposals relating to circulating coinage and numismatic items, and any other proposals or issues relating to items produced by the United States Mint as the Secretary may request. | {"src": "billsum_train", "title": "To ensure continuity for the design of the 5-cent coin, establish the Coin Design Advisory Committee, and for other purposes."} | 1,842 | 248 | 0.760749 | 2.151763 | 0.804328 | 4.169903 | 8.305825 | 0.917476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Reservation Rural Water
System Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) there are insufficient water supplies available to
residents of the Fort Peck Indian Reservation in Montana, and
the water systems that are available do not meet minimum health
and safety standards, posing a threat to public health and
safety;
(2) the United States has a trust responsibility to ensure
that adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Fort Peck Indian Reservation; and
(3) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fort Peck
Indian Reservation is the Missouri River.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the
residents of the Fort Peck Indian Reservation in Montana.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fort peck tribe.--The term ``Fort Peck tribe'' means
the Assiniboine Indian Tribe and the Sioux Indian Tribe within
the Fort Peck Indian Reservation.
(2) Pick-sloan.--The term ``Pick-Sloan'' means the Pick-
Sloan Missouri Basin Program authorized by section 9 of the Act
of December 22, 1944 (58 Stat. 891, chapter 665) (commonly
known as the ``Flood Control Act of 1944'').
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Water system.--The term ``Water System'' means the Fort
Peck Reservation Rural Water System authorized by section 4.
SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM.
(a) Authorization.--The Secretary shall plan, design, construct
(including replacement of structures and equipment in existence on the
date of enactment of this Act, as necessary), operate, and maintain a
municipal, rural, and industrial water system, to be known as the
``Fort Peck Reservation Rural Water System'', as generally depicted in
the report entitled ``Technical Report for the Fort Peck Reservation
Rural Water System'' and dated July 1995.
(b) Components.--The Water System shall consist of--
(1) pumping and treatment facilities located along the
Missouri River near Poplar, Montana;
(2) pipelines extending from the Missouri River near
Poplar, Montana, throughout the Fort Peck Indian Reservation;
(3) facilities to allow for future interconnections to
areas outside the Fort Peck Indian Reservation, including the
communities of Plentywood, Scobey, Flaxville, and Culbertson,
Montana;
(4) distribution and treatment facilities to serve the
needs of the Fort Peck Indian Reservation, including the
purchase, improvement, and repair of water systems in existence
on the date of enactment of this Act, including systems owned
by individual tribal members and other residents of the Fort
Peck Indian Reservation;
(5) appurtenant buildings and access roads;
(6) all property and property rights associated with the
facilities described in paragraphs (1) through (5);
(7) electrical power transmission and distribution
facilities necessary for services to Water System facilities;
and
(8) such other pipelines, pumping plants, and facilities as
the Secretary considers necessary or appropriate to meet the
water supply, economic, public health, and environmental needs
of the reservation, including water storage tanks, water lines,
and other facilities for the Fort Peck tribes and reservation
villages, towns, and municipalities.
(c) Agreement.--
(1) In general.--In carrying out subsection (b), the
Secretary shall enter into a cooperative agreement with the
Fort Peck Tribal Executive Board for planning, designing,
constructing (including necessary replacement), operating, and
maintaining the Water System.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall describe, in a manner that is acceptable to
the Secretary and the Fort Peck Tribal Executive Board--
(A) the responsibilities of the parties for--
(i) needs assessment, feasibility, and
environmental studies;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to
performance of the activities described in
clauses (i) through (iv);
(B) the procedures and requirements for approval
and acceptance of the design and construction; and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(3) Optional provisions.--The cooperative agreement under
paragraph (1) may include provisions relating to the purchase,
improvement, and repair of water systems in existence on the
date of enactment of this Act, including systems owned by
individual tribal members and other residents of the Fort Peck
Indian Reservation.
(4) Termination.--The Secretary may terminate a cooperative
agreement under paragraph (1) if the Secretary determines
that--
(A) the quality of construction does not meet all
standards established for similar facilities
constructed by the Secretary; or
(B) the operation and maintenance of the Water
System does not meet conditions acceptable to the
Secretary that are adequate to fulfill the obligations
of the United States to the Fort Peck tribes.
(5) Transfer.--On execution of a cooperative agreement
under paragraph (1), in accordance with the terms of the
cooperative agreement, the Secretary may transfer to the Fort
Peck tribes, on a nonreimbursable basis, funds appropriated for
the Water System under section 8.
(d) Service Area.--The service area of the Water System shall be
the area within the boundaries of the Fort Peck Indian Reservation.
(e) Construction Requirements.--The pumping plants, pipelines,
treatment facilities, and other appurtenant facilities for the Water
System shall be planned and constructed to a size sufficient to meet
the municipal, rural, and industrial water supply requirements of the
Fort Peck Indian Reservation and the rural areas north of the
reservation, taking into account the effects of the water conservation
plan under section 5.
(f) Title to Water System.--Title to the Water System shall be held
in trust by the United States for the Fort Peck tribes and shall not be
transferred unless a transfer is authorized by an Act of Congress
enacted after the date of enactment of this Act.
(g) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the Water
System until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) have been met with respect
to the Water System;
(2) a final engineering report for the Water System has
been approved by the Secretary; and
(3) the Secretary publishes a written finding that the
water conservation plan under section 5 includes prudent and
responsible water conservation measures for the operation of
the Water System that have been shown to be economically and
financially feasible.
(h) Technical Assistance.--The Secretary shall provide such
technical assistance as may be necessary to enable the Fort Peck tribes
to plan, develop, construct (including necessary replacement), operate,
and maintain the Water System, including operation and management
training.
(i) Application of Indian Self-Determination Act.--Planning,
design, construction (including necessary replacement), and operation
of the Water System shall be subject to the Indian Self-Determination
Act (25 U.S.C. 450f et seq.).
SEC. 5. WATER CONSERVATION PLAN.
(a) In General.--The Fort Peck tribes shall develop a water
conservation plan containing definite goals, appropriate water
conservation measures, and a time schedule for meeting the water
conservation objectives.
(b) Purpose.--The water conservation plan under subsection (a)
shall be designed to ensure that users of water from the Water System
will use the best practicable technology and management techniques to
conserve water.
(c) Application of the Reclamation Reform Act of 1982.--Section
210(c) of the Reclamation Reform Act of 1982 (43 U.S.C. 390jj(c)) shall
apply to the Water System.
SEC. 6. USE OF PICK-SLOAN POWER.
(a) Power.--The Water System shall use power from Pick-Sloan for
operation. The use of the power shall be considered to be a project use
pumping requirement of Pick-Sloan.
(b) Power To Be Used.--Power identified for future project use
pumping shall be reserved for and made available for the purpose
authorized by subsection (a).
(c) Rate.--The rate for project use power made available under
subsection (b) shall be the wholesale firm power rate for Pick-Sloan
(Eastern Division) in effect at the time at which the power is sold.
(d) Additional Power.--
(1) In general.--If power in addition to that made
available under subsection (b) is required to meet the pumping
requirements of the Water System, the Administrator of the
Western Area Power Administration may purchase the necessary
additional power under such terms and conditions as the
Administrator considers appropriate.
(2) Recovery of expenses.--Expenses associated with power
purchases under paragraph (1) shall be recovered through a
separate power charge, sufficient to recover the expenses,
applied to the Water System.
SEC. 7. WATER RIGHTS.
This Act does not--
(1) impair the validity of or preempt any provision of
State water law, or of any interstate compact governing water;
(2) alter the rights of any State to any appropriated share
of the waters of any body or surface or ground water, whether
determined by past or future interstate compacts, or by past or
future legislative or final judicial allocations;
(3) preempt or modify any Federal or State law or
interstate compact dealing with water quality or disposal;
(4) confer on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any groundwater resources;
(5) affect any water rights of the Fort Peck tribes,
located within or without the external boundaries of the Fort
Peck Indian Reservation, based on a treaty, compact, executive
order, agreement, Act of Congress, aboriginal title, the
decision in Winters v. United States, 207 U.S. 564 (1908)
(commonly known as the ``Winters Doctrine''), or otherwise; or
(6) validate or invalidate any assertion of the existence,
nonexistence, or extinguishment of any water rights held by the
Fort Peck tribes or any other Indian Tribe or individual Indian
under Federal or State law.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--
(1) In general.--There is authorized to be appropriated,
over a period of 5 fiscal years, $114,734,300 for the planning,
design, and construction of the Water System.
(2) Adjustment.--The funds authorized to be appropriated by
paragraph (1), less any amounts previously obligated for the
Water System, are increased or decreased by such amounts as are
justified by reason of ordinary fluctuations in development
costs incurred after January 1, 1996, as indicated by
engineering cost indices applicable for the type of
construction involved.
(b) Operation and Maintenance.--There are authorized to be
appropriated such sums as are necessary for the operation and
maintenance of the Water System. | Fort Peck Reservation Rural Water System Act of 1996 - Directs the Secretary of the Interior to plan, design, construct (including replacement of structures and equipment), operate, and maintain the Fort Peck Reservation Rural Water System. Directs the Secretary to enter into a cooperative agreement with the Fort Peck Tribal Executive Board regarding the Fort Peck Reservation Rural Water System.
Provides that title to the Water System be held in trust by the United States for the Fort Peck Tribes and not be transferred unless a transfer is authorized by an Act of Congress enacted after the enactment of this Act.
Limits the availability of construction funds for the construction of the Water System until certain requirements are met.
Requires that the Fort Peck tribes develop a water conservation plan containing definite goals, water conservation measures, and a time schedule for meeting water conservation objectives. Applies the provisions of the Reclamation Reform Act of 1982 to the Water System.
Directs the Water System to use power from the Pick-Sloan Missouri Basin Program for operation. Considers use of the power to be a project use pumping requirement of Pick-Sloan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fort Peck Reservation Rural Water System Act of 1996"} | 2,525 | 259 | 0.666729 | 1.92388 | 0.767601 | 4.716895 | 10.60274 | 0.936073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Debt Collector Abuse Act of
2010''.
SEC. 2. ENHANCED VALIDATION NOTICES.
(a) In General.--Section 809(a) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692g(a)) is amended--
(1) in paragraph (4), by striking ``and'' at the end; and
(2) by striking paragraph (5) and inserting the following:
``(5) the date of the last payment to the creditor on the
subject debt by the consumer and the amount of the debt at the
time of default;
``(6) the name and address of the last person to extend
credit with respect to the debt;
``(7) an itemization of the principal, fees, and interest
that make up the debt and any other charges added after the
date of the last payment to the creditor;
``(8) a description of the rights of the consumer--
``(A) to request that the debt collector cease
communication with the consumer under section 805(c);
and
``(B) to have collection efforts stopped under
subsection (b); and
``(9) the name and contact information of the person
responsible for handling complaints on behalf of the debt
collector.''.
(b) Effective Date.--This section and the amendments made by this
section shall become effective 1 year after the date of enactment of
this Act.
SEC. 3. DISPUTE INVESTIGATIONS AND VERIFICATION.
Section 809(b) of the Fair Debt Collection Practices Act (15 U.S.C.
1692g(b)) is amended--
(1) by inserting after ``(b)'' the following: ``Disputed
Debts.--
``(1) In general.--''; and
(2) by striking ``Collection activities'' and inserting the
following:
``(2) Reasonable investigation and verification required.--
Upon receipt of a notification under paragraph (1) that a debt
is disputed by the consumer, the debt collector shall undertake
a thorough investigation of the substance of the dispute, and
shall timely provide to the consumer specific responsive
information and verification of the disputed debt.
``(3) Collection activities.--Collection activities''.
SEC. 4. AWARD OF DAMAGES.
(a) Additional Damages Indexed for Inflation.--
(1) In general.--Section 813 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k) is amended by adding at the end
the following:
``(f) Adjustment for Inflation.--
``(1) Initial adjustment.--Not later than 90 days after the
date of the enactment of this subsection, the Commission shall
provide a percentage increase (rounded to the nearest multiple
of $100 or $1,000, as applicable) in the amounts set forth in
such section equal to the percentage by which--
``(A) the Consumer Price Index for All Urban
Consumers (all items, United States city average) for
the 12-month period ending on the June 30 preceding the
date on which the percentage increase is provided,
exceeds
``(B) the Consumer Price Index for the 12-month
period preceding January 1, 1978.
``(2) Annual adjustments.--With respect to any fiscal year
beginning after the date of the increase provided under
paragraph (1), the Commission shall provide a percentage
increase (rounded to the nearest multiple of $100 or $1,000, as
applicable) in the amounts set forth in this section equal to
the percentage by which--
``(A) the Consumer Price Index for All Urban
Consumers (all items, United States city average) for
the 12-month period ending on the June 30 preceding the
beginning of the fiscal year for which the increase is
made, exceeds
``(B) the Consumer Price Index for the 12-month
period preceding the 12-month period described in
subparagraph (A).''.
(2) Applicability.--The increases made under section 813(f)
of the Fair Debt Collection Practices Act, as added by
paragraph (1) of this subsection, shall apply with respect to
failures to comply with a provision of such Act (15 U.S.C. 1601
et seq.) occurring on or after the date of enactment of this
Act.
(b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the
following: ``In a civil action alleging a violation of this title, the
court may award appropriate relief, including injunctive relief.''.
SEC. 5. SEEKING A WARRANT FOR ARREST OF DEBTOR AS AN UNFAIR DEBT
COLLECTION PRACTICE.
(a) In General.--Section 808 of the Fair Debt Collection Practices
Act (15 U.S.C. 1692f) is amended by adding at the end the following:
``(9) A request by a debt collector to a court or any law
enforcement agency for the issuance of a warrant for the arrest
of a debtor or any other similar request that a debt collector
knows or should know would lead to the issuance of an arrest
warrant, in relation to collection of a debt.''.
(b) Construction.--Paragraph (9) of such section 808, as added by
subsection (a), shall not be construed to limit a court's inherent
authority to hold a debtor in civil contempt, nor to limit a debt
collector's ability to seek a writ of execution or similar remedy to
take possession of property in order to satisfy a valid judgment of
debt. | End Debt Collector Abuse Act of 2010 - Amends the Fair Debt Collection Practices Act to require a debt collector, in the absence of such information in an initial communication or payment of the debt, to include in a written notice to the consumer the following: (1) the date of the last payment to the creditor on the debt and the debt amount at the time of default; (2) the name and address of the last person to extend credit with respect to the debt; (3) an itemization of the principal, fees, and interest that comprise the debt and any other charges added after the date of the last payment; (4) a description of the rights of the consumer concerning the ceasing of debt collector communication with the consumer and having collection efforts stopped; and (5) the name and contact information of the person responsible for handling complaints on behalf of the debt collector.
Revises procedures concerning disputed debts to require a debt collector, upon receipt of a notification that a debt is disputed by the consumer, to undertake a thorough investigation of the substance of the dispute and timely provide specific responsive information and verification of the disputed debt.
Requires the Federal Trade Commission (FTC) to provide inflation adjustments to damages awarded in cases of noncompliance with fair debt collection practices under the Act.
Allows a court, in a civil action alleging violations of fair debt collection practices, to award appropriate relief, including injunctive relief.
Deems as an unfair practice a request by a debt collector to a court or law enforcement agency for the issuance of a warrant for the arrest of a debtor or any other similar request that a debt collector knows or should know would lead to the issuance of an arrest warrant, in relation to collection of a debt. | {"src": "billsum_train", "title": "A bill to make improvements to the Fair Debt Collection Practices Act, and for other purposes."} | 1,281 | 381 | 0.690359 | 2.159471 | 0.831178 | 5.630499 | 3.346041 | 0.920821 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeless Veterans
Assistance Improvement Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Requirement that recipients of grants from Department of
Veterans Affairs for comprehensive service
programs for homeless veterans meet
physical privacy, safety, and security
needs of such veterans.
Sec. 3. Modification of authority of Department of Veterans Affairs to
provide capital improvement grants for
comprehensive service programs that assist
homeless veterans.
Sec. 4. Funding for furnishing legal services to very low-income
veteran families in permanent housing.
Sec. 5. Modifications to requirements relating to per diem payments for
services furnished to homeless veterans.
Sec. 6. Authorization of grants by Department of Veterans Affairs to
centers that provide services to homeless
veterans for operational expenses.
Sec. 7. Expansion of Department of Veterans Affairs authority to
provide dental care to homeless veterans.
Sec. 8. Extensions of authorities and programs affecting homeless
veterans.
SEC. 2. REQUIREMENT THAT RECIPIENTS OF GRANTS FROM DEPARTMENT OF
VETERANS AFFAIRS FOR COMPREHENSIVE SERVICE PROGRAMS FOR
HOMELESS VETERANS MEET PHYSICAL PRIVACY, SAFETY, AND
SECURITY NEEDS OF SUCH VETERANS.
Section 2011(f) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(6) To meet the physical privacy, safety, and security
needs of homeless veterans receiving services through the
project.''.
SEC. 3. MODIFICATION OF AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS TO
PROVIDE CAPITAL IMPROVEMENT GRANTS FOR COMPREHENSIVE
SERVICE PROGRAMS THAT ASSIST HOMELESS VETERANS.
Section 2011(a) of title 38, United States Code, is amended, in the
matter before paragraph (1), by inserting ``and maintaining'' after
``in establishing''.
SEC. 4. FUNDING FOR FURNISHING LEGAL SERVICES TO VERY LOW-INCOME
VETERAN FAMILIES IN PERMANENT HOUSING.
Section 2044(e) of title 38, United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Of amounts made available under paragraph (1), not less than
one percent shall be available for the furnishing of services described
in subsection (b)(1)(D)(vii).''.
SEC. 5. MODIFICATIONS TO REQUIREMENTS RELATING TO PER DIEM PAYMENTS FOR
SERVICES FURNISHED TO HOMELESS VETERANS.
(a) Authorization of Per Diem Payments for Furnishing Care to
Dependents of Certain Homeless Veterans.--Section 2012(a) of title 38,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Services for which a recipient of a grant under section 2011
of this title (or an entity described in paragraph (1)) may receive per
diem payments under this subsection may include furnishing care for a
dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant
recipient (or entity).''.
(b) Provision of Funds for Per Diem Payments for Nonconforming
Entities.--
(1) In general.--Section 2012(d)(1) of such title is
amended, in the matter preceding subparagraph (A), by striking
``may make'' and inserting ``shall make''.
(2) Regulations required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall prescribe such regulations as may be
necessary to implement the amendment made by paragraph (1).
SEC. 6. AUTHORIZATION OF GRANTS BY DEPARTMENT OF VETERANS AFFAIRS TO
CENTERS THAT PROVIDE SERVICES TO HOMELESS VETERANS FOR
OPERATIONAL EXPENSES.
(a) In General.--Subchapter II of chapter 20 of title 38, United
States Code, is amended by inserting after section 2012 the following
new section:
``Sec. 2012A. Service center operational grants
``(a) In General.--Subject to the availability of appropriations
provided for such purpose, the Secretary may award to a recipient of a
grant under section 2011 of this title for the establishment of a
service center described in subsection (g) of such section a grant for
the operational expenses of such service center not otherwise covered
by the receipt of per diem payments under section 2012 of this section.
``(b) Limitation.--The aggregate amount of all grants awarded under
subsection (a) in any fiscal year may not exceed $500,000.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2012 the following new item:
``2012A. Service center operational grants.''.
(c) Regulations.--The Secretary of Veterans Affairs shall
promulgate regulations to carry out section 2012A of title 38, United
States Code, as added by subsection (a), not later than one year after
the date of the enactment of this Act.
SEC. 7. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO
PROVIDE DENTAL CARE TO HOMELESS VETERANS.
Subsection (b) of section 2062 of title 38, United States Code, is
amended to read as follows:
``(a) Eligible Veterans.--(1) Subsection (a) applies to a veteran
who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
``(i) assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of
this title.
``(II) A therapeutic residence under
section 2032 of this title.
``(III) Community residential care
coordinated by the Secretary under section 1730
of this title.
``(IV) A setting for which the Secretary
provides funds for a grant and per diem
provider.
``(2) For purposes of paragraph (1), in determining whether a
veteran has received assistance or care for a period of 60 consecutive
days, the Secretary may disregard breaks in the continuity of
assistance or care for which the veteran is not responsible.''.
SEC. 8. EXTENSIONS OF AUTHORITIES AND PROGRAMS AFFECTING HOMELESS
VETERANS.
(a) Comprehensive Service Programs.--Section 2013 of title 38,
United States Code, is amended by striking paragraph (5) and inserting
the following new paragraphs:
``(5) $250,000,000 for fiscal year 2013.
``(6) $150,000,000 for fiscal year 2014 and each subsequent
fiscal year.''.
(b) Homeless Veterans Reintegration Programs.--Section
2021(e)(1)(F) of such title is amended by striking ``2012'' and
inserting ``2013''.
(c) Outreach, Care, Treatment, Rehabilitation, and Therapeutic
Transitional Housing for Veterans Suffering From Serious Mental
Illness.--Section 2031(b) of such title is amended by striking
``December 31, 2012'' and inserting ``December 31, 2014''.
(d) Program To Expand and Improve Provision of Benefits and
Services by Department of Veterans Affairs to Homeless Veterans.--
Section 2033(d) of such title is amended by striking ``December 31,
2012'' and inserting ``December 31, 2014''.
(e) Housing Assistance for Homeless Veterans.--Section 2041(c) of
such title is amended by striking ``December 31, 2012'' and inserting
``December 31, 2013''.
(f) Financial Assistance for Supportive Services for Very Low-
Income Veteran Families in Permanent Housing.--Section 2044(e)(1) of
such title is amended by adding at the end the following new
subparagraph:
``(E) $300,000,000 for fiscal year 2013.''.
(g) Grant Program for Homeless Veterans With Special Needs.--
Section 2061(c)(1) of such title is amended by striking ``through
2012'' and inserting ``through 2015''.
(h) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 31, 2012'' and inserting
``December 31, 2014''. | Homeless Veterans Assistance Improvement Act of 2012 - Requires public or private nonprofit entities that receive grants under the Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans to agree to meet the physical, privacy, safety, and security needs of such veterans.
Requires at least 1% of VA financial assistance provided for supportive services for very low-income veteran families in permanent housing to be used for legal services to assist such families with issues that interfere with their ability to obtain or retain housing or supportive services.
Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Directs (under current law, authorizes) the VA Secretary to make per diem homeless veterans assistance payments to certain entities that meet the supportive services criteria, but also furnish assistance to individuals who are not veterans.
Authorizes the Secretary to award grants for the operational expenses of a service center established for homeless veterans.
Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937.
Extends permanently the VA comprehensive service programs for homeless veterans. Extends temporarily various VA authorities and programs affecting homeless veterans. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve the assistance provided by the Department of Veterans Affairs to homeless veterans, and for other purposes."} | 2,025 | 264 | 0.665064 | 1.83687 | 0.847034 | 2.259414 | 7.167364 | 0.811715 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``We the People Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article III, section 1 of the Constitution of the
United States vests the judicial power of the United States in
``one Supreme Court, and in such inferior Courts as Congress
may from time to time ordain and establish''.
(2) Article I, section 8 and article 3, section 1 of the
Constitution of the United States give Congress the power to
establish and limit the jurisdiction of the lower Federal
courts.
(3) Article III, section 2 of the Constitution of the
United States gives Congress the power to make ``such
exceptions, and under such regulations'' as Congress finds
necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to
Supreme Court jurisdiction in the form of general rules and
based upon policy and constitutional reasons other than the
outcomes of a particular line of cases (see Federalist No. 81;
United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)).
(5) Congress has constitutional authority to set broad
limits on the jurisdiction of both the Supreme Court and the
lower Federal courts in order to correct abuses of judicial
power and continuing violations of the Constitution of the
United States by Federal courts.
(6) Article IV, section 4 of the Constitution of the United
States guarantees each State a republican form of government.
(7) Supreme Court and lower Federal court decisions
striking down local laws on subjects such as religious liberty,
sexual orientation, family relations, education, and abortion
have wrested from State and local governments issues reserved
to the States and the People by the Tenth Amendment to the
Constitution of the United States.
(8) The Supreme Court and lower Federal courts threaten the
republican government of the individual States by replacing
elected government with rule by unelected judges.
(9) Even supporters of liberalized abortion laws have
admitted that the Supreme Court's decisions overturning the
abortion laws of all 50 States are constitutionally flawed
(e.g., Ely, ``The Wages of Crying Wolf: A Comment on Roe v.
Wade'' 82 Yale L.J. 920 (1973)).
(10) Several members of the Supreme Court have admitted
that the Court's Establishment Clause jurisdiction is
indefensible (e.g., Zelamn v. Simmons-Harris, 536 U.S. 639, 688
(2002) (Souter, J., dissenting); Rosenberger v. Rector and
Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas,
J., concurring); Lamb's Chapel v. Center Moriches Union Free
Sch. Dist., 508 U.S. 384, 399 (1993) (Scalia, J., concurring);
and Committee for Public Ed. And Religious Liberty v. Regan,
444 U.S. 646, 671 (1980) (Stevens, J., dissenting)).
(11) Congress has the responsibility to protect the
republican governments of the States and has the power to limit
the jurisdiction of the Supreme Court and the lower Federal
courts over matters that are reserved to the States and to the
People by the Tenth Amendment to the Constitution of the United
States.
SEC. 3. LIMITATION ON JURISDICTION.
The Supreme Court of the United States and each Federal court--
(1) shall not adjudicate--
(A) any claim involving the laws, regulations, or
policies of any State or unit of local government
relating to the free exercise or establishment of
religion;
(B) any claim based upon the right of privacy,
including any such claim related to any issue of sexual
practices, orientation, or reproduction; or
(C) any claim based upon equal protection of the
laws to the extent such claim is based upon the right
to marry without regard to sex or sexual orientation;
and
(2) shall not rely on any judicial decision involving any
issue referred to in paragraph (1).
SEC. 4. REGULATION OF APPELLATE JURISDICTION.
The Supreme Court of the United States and all other Federal
courts--
(1) are not prevented from determining the
constitutionality of any Federal statute or administrative rule
or procedure in considering any case arising under the
Constitution of the United States; and
(2) shall not issue any order, final judgment, or other
ruling that appropriates or expends money, imposes taxes, or
otherwise interferes with the legislative functions or
administrative discretion of the several States and their
subdivisions.
SEC. 5. JURISDICTIONAL CHALLENGES.
Any party or intervener in any matter before any Federal court,
including the Supreme Court, may challenge the jurisdiction of the
court under section 3 or 4 during any proceeding or appeal relating to
that matter.
SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY.
A violation by a justice or a judge of any of the provisions of
section 3 or 4 shall be an impeachable offense, and a material breach
of good behavior subject to removal by the President of the United
States according to rules and procedures established by the Congress.
SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO
LONGER BINDING PRECEDENT.
Any decision of a Federal court, to the extent that the decision
relates to an issue removed from Federal jurisdiction under section 3
or 4(2), is not binding precedent on any State court. | We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion; (2) the right of privacy, including issues of sexual practices, orientation, or reproduction; or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws.
Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states.
Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act.
Provides that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal.
Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act or otherwise interfering with the legislative functions or administrative discretion of the states. | {"src": "billsum_train", "title": "To limit the jurisdiction of the Federal courts, and for other purposes."} | 1,222 | 280 | 0.424042 | 1.284668 | 0.699794 | 3.955823 | 4.477912 | 0.943775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EPA Regulatory Relief Act of 2011''.
SEC. 2. LEGISLATIVE STAY.
(a) Establishment of Standards.--In place of the rules specified in
subsection (b), and notwithstanding the date by which such rules would
otherwise be required to be promulgated, the Administrator of the
Environmental Protection Agency (in this Act referred to as the
``Administrator'') shall--
(1) propose regulations for industrial, commercial, and
institutional boilers and process heaters, and commercial and
industrial solid waste incinerator units, subject to any of the
rules specified in subsection (b)--
(A) establishing maximum achievable control
technology standards, performance standards, and other
requirements under sections 112 and 129, as applicable,
of the Clean Air Act (42 U.S.C. 7412, 7429); and
(B) identifying non-hazardous secondary materials
that, when used as fuels or ingredients in combustion
units of such boilers, process heaters, or incinerator
units are solid waste under the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.; commonly referred to as
the ``Resource Conservation and Recovery Act'') for
purposes of determining the extent to which such
combustion units are required to meet the emissions
standards under section 112 of the Clean Air Act (42
U.S.C. 7412) or the emission standards under section
129 of such Act (42 U.S.C. 7429); and
(2) finalize the regulations on the date that is 15 months
after the date of the enactment of this Act, or on such later
date as may be determined by the Administrator.
(b) Stay of Earlier Rules.--The following rules are of no force or
effect, shall be treated as though such rules had never taken effect,
and shall be replaced as described in subsection (a):
(1) ``National Emission Standards for Hazardous Air
Pollutants for Major Sources: Industrial, Commercial, and
Institutional Boilers and Process Heaters'', published at 76
Fed. Reg. 15608 (March 21, 2011).
(2) ``National Emission Standards for Hazardous Air
Pollutants for Area Sources: Industrial, Commercial, and
Institutional Boilers'', published at 76 Fed. Reg. 15554 (March
21, 2011).
(3) ``Standards of Performance for New Stationary Sources
and Emission Guidelines for Existing Sources: Commercial and
Industrial Solid Waste Incineration Units'', published at 76
Fed. Reg. 15704 (March 21, 2011).
(4) ``Identification of Non-Hazardous Secondary Materials
That are Solid Waste'', published at 76 Fed. Reg. 15456 (March
21, 2011).
(c) Inapplicability of Certain Provisions.--With respect to any
standard required by subsection (a) to be promulgated in regulations
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions
of subsections (g)(2) and (j) of such section 112 shall not apply prior
to the effective date of the standard specified in such regulations.
SEC. 3. COMPLIANCE DATES.
(a) Establishment of Compliance Dates.--For each regulation
promulgated pursuant to section 2, the Administrator--
(1) shall establish a date for compliance with standards
and requirements under such regulation that is, notwithstanding
any other provision of law, not earlier than 5 years after the
effective date of the regulation; and
(2) in proposing a date for such compliance, shall take
into consideration--
(A) the costs of achieving emissions reductions;
(B) any non-air quality health and environmental
impact and energy requirements of the standards and
requirements;
(C) the feasibility of implementing the standards
and requirements, including the time needed to--
(i) obtain necessary permit approvals; and
(ii) procure, install, and test control
equipment;
(D) the availability of equipment, suppliers, and
labor, given the requirements of the regulation and
other proposed or finalized regulations of the
Environmental Protection Agency; and
(E) potential net employment impacts.
(b) New Sources.--The date on which the Administrator proposes a
regulation pursuant to section 2(a)(1) establishing an emission
standard under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412,
7429) shall be treated as the date on which the Administrator first
proposes such a regulation for purposes of applying the definition of a
new source under section 112(a)(4) of such Act (42 U.S.C. 7412(a)(4))
or the definition of a new solid waste incineration unit under section
129(g)(2) of such Act (42 U.S.C. 7429(g)(2)).
(c) Rule of Construction.--Nothing in this Act shall be construed
to restrict or otherwise affect the provisions of paragraphs (3)(B) and
(4) of section 112(i) of the Clean Air Act (42 U.S.C. 7412(i)).
SEC. 4. ENERGY RECOVERY AND CONSERVATION.
(a) In General.--Notwithstanding any other provision of law, to
ensure the recovery and conservation of energy consistent with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) (commonly known as
the ``Resource Conservation and Recovery Act of 1976''), in
promulgating regulations under section 2(a) that address the subject
matter of the regulations described in paragraphs (3) and (4) of
section 2(b), the Administrator shall--
(1) adopt the definitions of the terms ``commercial and
industrial solid waste incineration unit'', ``commercial and
industrial waste'', and ``contained gaseous material''
contained in the regulation entitled ``Standards of Performance
for New Stationary Sources and Emission Guidelines for Existing
Sources: Commercial and Industrial Solid Waste Incineration
Units'' (65 Fed. Reg. 75338 (December 1, 2000)); and
(2) identify nonhazardous secondary material as not to be
solid waste for purposes of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) if--
(A) the material--
(i) does not meet the definition of
commercial and industrial waste; and
(ii) is on the list published by the
Administrator under subsection (b); or
(B) in the case of the material that is a gas, the
material does not meet the definition of contained
gaseous material.
(b) List of Nonhazardous Secondary Materials.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall publish a list
of nonhazardous secondary materials that are not solid waste
when combusted in units designed for energy recovery,
including--
(A) without limitation, all forms of biomass,
including--
(i) agricultural and forest-derived
biomass;
(ii) biomass crops, vines, and orchard
trees;
(iii) bagasse and other crop and tree
residues, including--
(I) hulls and seeds;
(II) spent grains;
(III) byproducts of cotton;
(IV) corn and peanut production;
(V) rice milling and grain elevator
operations;
(VI) cellulosic biofuels; and
(VII) byproducts of ethanol natural
fermentation processes;
(iv) hogged fuel, including wood pallets,
sawdust, and wood pellets;
(v) wood debris from forests and urban
areas;
(vi) resinated wood and other resinated
biomass-derived residuals, including trim,
sanderdust, offcuts, and woodworking residuals;
(vii) creosote-treated, borate-treated,
sap-stained, and other treated wood;
(viii) residuals from wastewater treatment
by the manufacturing industry, including
process wastewater with significant British
thermal unit (``Btu'') value;
(ix) paper and paper or cardboard recycling
residuals, including paper-derived fuel cubes,
paper fines, and paper and cardboard rejects;
(x) turpentine, turpentine derivatives,
pine tar, rectified methanol, glycerine, lumber
kiln condensates, and wood char;
(xi) tall oil and related soaps;
(xii) biogases or bioliquids generated from
biomass materials, wastewater operations, or
landfill operations;
(xiii) processed biomass derived from
construction and demolition debris for the
purpose of fuel production; and
(xiv) animal manure and bedding material;
(B) solid and emulsified paraffin;
(C) petroleum and chemical reaction and
distillation byproducts and residues, alcohol, ink, and
nonhalogenated solvents;
(D) tire-derived fuel, including factory scrap tire
and related material;
(E) foundry sand processed in thermal reclamation
units;
(F) coal refuse and coal combustion residuals;
(G) shredded cloth and carpet scrap;
(H) latex paint water, organic printing dyes and
inks, recovered paint solids, and nonmetallic paint
sludges;
(I) nonchlorinated plastics;
(J) all used oil that qualifies as recycled oil
under section 1004 of the Solid Waste Disposal Act (42
U.S.C. 6903);
(K) process densified fuels that contain any of the
materials described in this paragraph; and
(L) any other specific or general categories of
material that the Administrator determines the
combustion of which is for use as a fuel pursuant to
paragraph (2).
(2) Additions to the list.--
(A) In general.--To provide greater regulatory
certainty, the Administrator may, after public notice
and opportunity to comment, add nonhazardous secondary
materials to the list published under paragraph (1)--
(i) as the Administrator determines
necessary; or
(ii) based on a petition submitted by any
person.
(B) Response.--Not later than 120 days after
receiving any petition under subparagraph (A)(ii), the
Administrator shall respond to the petition.
(C) Requirements.--In making a determination under
this paragraph, the Administrator may decline to add a
material to the list under paragraph (1) if the
Administrator determines that regulation under section
112 of the Clean Air Act (42 U.S.C. 7412) would not
reasonably protect public health with an ample margin
of safety.
SEC. 5. OTHER PROVISIONS.
(a) Establishment of Standards Achievable in Practice.--In
promulgating rules under section 2(a), the Administrator shall ensure
that emissions standards for existing and new sources established under
section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429), as
applicable, can be met under actual operating conditions consistently
and concurrently with emission standards for all other air pollutants
regulated by the rule for the source category, taking into account
variability in actual source performance, source design, fuels, inputs,
controls, ability to measure the pollutant emissions, and operating
conditions.
(b) Regulatory Alternatives.--For each regulation promulgated
pursuant to section 2(a), from among the range of regulatory
alternatives authorized under the Clean Air Act (42 U.S.C. 7401 et
seq.) including work practice standards under section 112(h) of such
Act (42 U.S.C. 7412(h)), the Administrator shall impose the least
burdensome, consistent with the purposes of such Act and Executive
Order 13563 published at 76 Fed. Reg. 3821 (January 21, 2011). | EPA Regulatory Relief Act of 2011 - Provides that the following rules shall have no force or effect and shall be treated as though they had never taken effect: (1) the National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; (2) the National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers; (3) the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units; and (4) Identification of Non-Hazardous Secondary Materials That are Solid Waste.
Requires the Administrator of the Environmental Protection Agency (EPA), in place of such rules, to promulgate within 15 months regulations for industrial, commercial, and institutional boilers and process heaters and commercial and industrial solid waste incinerator units subject to such rules, that: (1) establish maximum achievable control technology standards, performance standards, and other requirements for hazardous air pollutants or solid waste combustion under the Clean Air Act; and (2) identify non-hazardous secondary materials that, when used as fuels or ingredients in combustion units of such boilers, heaters, or incinerator units, are solid waste under the Solid Waste Disposal Act for purposes of determining the extent to which such combustion units are required to meet emission standards for such pollutants under such Act. Requires the Administrator to establish compliance dates for such standards and requirements after considering compliance costs, non-air quality health and environmental impacts and energy requirements, the feasibility of implementation, the availability of equipment, suppliers, and labor, and potential net employment impacts.
Sets forth guidelines for such rules and regulations, including requiring the Administrator to: (1) ensure that emissions standards for existing and new sources can be met under actual operating conditions consistently and concurrently with emission standards for all other air pollutants regulated by the rule for the source category; and (2) impose the least burdensome regulatory alternative for each regulation promulgated.
Requires the Administrator to publish a list of nonhazardous secondary materials that are not solid waste when combusted in units designed for energy recovery. Specifies material to be included in such list. | {"src": "billsum_train", "title": "A bill to provide additional time for the Administrator of the Environmental Protection Agency to issue achievable standards for industrial, commercial, and institutional boilers, process heaters, and incinerators, and for other purposes."} | 2,662 | 483 | 0.701027 | 2.123948 | 0.855123 | 4.776722 | 5.406176 | 0.961995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Leave for Parental
Involvement in Education Act''.
SEC. 2. ENTITLEMENT TO ADDITIONAL LEAVE UNDER THE FMLA FOR PARENTAL
INVOLVEMENT AND FAMILY WELLNESS.
(a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
``(6) Entitlement to additional leave for parental
involvement.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph to participate in or
attend a school conference or an activity that is
sponsored by a school or community organization and
relates to a program of the school or organization that
is attended by a son or daughter or a grandchild of the
employee.
``(B) Limitations.--
``(i) In general.--An eligible employee is
entitled to--
``(I) not to exceed 8 hours of
leave under this paragraph during any
30-day period; and
``(II) not to exceed 48 hours of
leave under this paragraph during any
12-month period.
``(ii) Coordination rule.--Leave under this
paragraph shall be in addition to any leave
provided under any other paragraph of this
subsection.
``(C) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), or a child care facility.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following new
sentence: ``Leave under subsection (a)(6) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Parental involvement leave.--An eligible
employee may elect, or an employer may require the
employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the
employee for any leave under subsection (a)(6). In
addition, an eligible employee may elect, or an
employer may require the employee, to substitute any of
the accrued paid medical or sick leave of the employee
for leave provided under clause (ii) of subsection
(a)(6)(A) for any part of the leave under such clause,
except that nothing in this title shall require an
employer to provide paid sick leave or paid medical
leave in any situation in which such employer would not
normally provide any such paid leave. If the employee
elects or the employer requires the substitution of
accrued paid leave for leave provided under subsection
(a)(6)(A), the employer shall not restrict or limit
this substitution or impose any additional terms and
conditions on such leave that are more stringent on the
employee than the terms and conditions set forth in
this Act.''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
``(4) Notice relating to parental involvement.--In any case
in which an employee requests leave under paragraph (6) of
subsection (a), the employee shall provide the employer with
not less than 7 days' notice or as much notice as is
practicable before the date the leave is to be taken, of the
employee's intention to take leave under such paragraph.''.
(e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(g) Certification Related to Parental Involvement.--An employer
may require that a request for leave under section 102(a)(6) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.
(f) Definition of Grandchild.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraph:
``(20) Grandchild.--The term `grandchild' means a son or
daughter of an employee's son or daughter.''.
SEC. 3. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B)(i) and section
6383(f), an employee shall be entitled to leave under this
paragraph to participate in or attend a school conference or an
activity that is sponsored by a school or community
organization and relates to a program of the school or
organization that is attended by a son or daughter or a
grandchild of the employee.
``(B)(i) An employee is entitled to--
``(I) not to exceed 8 hours of leave under this
paragraph during any 30-day period; and
``(II) not to exceed 48 hours of leave under this
paragraph during any 12-month period.
``(ii) Leave under this paragraph shall be in addition to
any leave provided under any other paragraph of this
subsection.
``(C) For the purpose of this paragraph--
``(i) the term `school' means an elementary school
or secondary school (as such terms are defined in
section 9101 of the Elementary and Secondary Education
Act of 1965), a Head Start program assisted under the
Head Start Act, and a child care facility licensed
under State law; and
``(ii) the term `community organization' means a
private nonprofit organization that is representative
of a community or a significant segment of a community
and provides activities for individuals described in
subparagraph (A) or (B) of section 6381(6), such as a
scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended--
(1) by inserting after the second sentence the following
new sentence: ``Leave under subsection (a)(5) may be taken
intermittently or on a reduced leave schedule.''; and
(2) in the last sentence, by striking ``involved,'' and
inserting ``involved (or, in the case of leave under subsection
(a)(5), for purposes of any 30-day or 12-month period),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended--
(1) by inserting ``(1)'' after the subsection designation;
and
(2) by adding at the end the following:
``(2) An employee may elect to substitute for leave under
subsection (a)(5), any of the employee's accrued or accumulated
annual or sick leave under subchapter I. If the employee elects
to substitute accumulated annual or sick leave for leave
provided under subsection (a)(5), the employing agency shall
not restrict or limit this substitution or impose any
additional terms and conditions on such leave that are more
stringent on the employee than the terms and conditions set
forth in this subchapter.''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
``(4) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall provide the
employing agency with not less than 7 days' notice, before the
date the leave is to be taken, of the employee's intention to
take leave under such paragraph.''.
(e) Certification.--Section 6383(f) of such title is amended by
striking ``paragraph (1)(E) or (3) of section 6382(a)'' and inserting
``paragraph (1)(E), (3), or (5) of section 6382(a)''.
(f) Definition of Grandchild.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (11)(B), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `grandchild' means a son or daughter of an
employee's son or daughter.''. | Family Leave for Parental Involvement in Education Act This bill entitles an employee covered by the Family and Medical Leave Act of 1993 (FMLA) to take up to 8 hours during any 30-day period, and up to 48 hours during any 12-month period, of parental involvement leave to participate in or attend school conferences or activities sponsored by a school or community organization and related to a program attended by the employee's child or grandchild. An employee may elect, or an employer may require, substitution of any of the employee's paid or family leave or paid medical or sick leave for any leave allowed under this bill. Nothing in this bill shall require an employer to grant paid sick leave or paid medical leave in situations where the employer would not normally grant it. The bill imposes on the employee requesting leave certain notification requirements. An employer may require certification supporting such requests. The bill also applies the parental involvement and family wellness leave allowance to federal employees. | {"src": "billsum_train", "title": "Family Leave for Parental Involvement in Education Act"} | 2,135 | 201 | 0.595157 | 1.535405 | 0.877115 | 2.920213 | 9.845745 | 0.856383 |
SECTION 1. BULLYING AND HARASSMENT PREVENTION POLICIES, PROGRAMS, AND
STATISTICS.
(a) State Reporting Requirements.--Section 4112(c)(3)(B)(iv) of the
Safe and Drug-Free Schools and Communities Act (20 U.S.C.
7112(c)(3)(B)(iv)) is amended by inserting ``, including bullying and
harassment,'' after ``violence''.
(b) State Application.--Section 4113(a) of such Act (20 U.S.C.
7113(a)) is amended--
(1) in paragraph (9)--
(A) in subparagraph (C), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(E) the incidence and prevalence of reported
incidents of bullying and harassment; and
``(F) the perception of students regarding their
school environment, including with respect to the
prevalence and seriousness of incidents of bullying and
harassment and the responsiveness of the school to
those incidents;'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(20) provides an assurance that the State educational
agency will provide assistance to districts and schools in
their efforts to prevent and appropriately respond to incidents
of bullying and harassment and describes how the agency will
meet this requirement.''.
(c) Local Educational Agency Program Application.--Section 4114(d)
of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by
striking the semicolon and inserting a comma;
(B) in subclause (I), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(III) performance indicators for
bullying and harassment prevention
programs and activities; and''; and
(2) in paragraph (7)--
(A) in subparagraph (A), by inserting ``, including
bullying and harassment'' after ``disorderly conduct'';
(B) in subparagraph (D), by striking ``and'' at the
end; and
(C) by adding at the end the following:
``(F) annual notice to parents and students
describing the full range of prohibited conduct
contained in the discipline policies described in
subparagraph (A); and
``(G) complaint procedures for students or parents
that seek to register complaints regarding the
prohibited conduct contained in the discipline policies
described in subparagraph (A), including--
``(i) the name of the school or district
officials who are designated as responsible for
receiving such complaints; and
``(ii) timelines that the school or
district will follow in the resolution of such
complaints;''.
(d) Authorized Activities.--Section 4115(b)(2) of such Act (20
U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) teach students about the
consequences of bullying and harassment.''; and
(2) in subparagraph (E), by adding at the end the
following:
``(xxiii) Programs that address the causes
of bullying and harassment and that train
teachers, administrators, and counselors
regarding strategies to prevent bullying and
harassment and to effectively intervene when
such incidents occur.''.
(e) Reporting.--Section 4116(a)(2)(B) of such Act (20 U.S.C.
7116(a)(2)(B)) is amended by inserting ``, including bullying and
harassment,'' after ``drug use and violence''.
(f) Impact Evaluation.--Section 4122 of such Act (20 U.S.C. 7132)
is amended--
(1) in subsection (a)(2), by striking ``and school
violence'' and inserting ``school violence, including bullying
and harassment,''; and
(2) in the first sentence of subsection (b), by inserting
``, including bullying and harassment,'' after ``drug use and
violence''.
(g) Definitions.--
(1) Drug and violence prevention.--Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7151) is amended by
inserting ``, bullying, and other harassment'' after ``sexual
harassment and abuse''.
(2) Protective factor, buffer, or asset.--Paragraph (6) of
such section is amended by inserting ``, including bullying and
harassment'' after ``violent behavior''.
(3) Risk factor.--Paragraph (7) of such section is amended
by inserting ``, including bullying and harassment'' after
``violent behavior''.
(4) Bullying, harassment, and violence.--Such section is
further amended by adding at the end the following:
``(12) Bullying.--
``(A) In general.--The term `bullying' means
aggressive behavior that is intended to cause distress
or harm, involves an imbalance of power or strength
between the aggressor and the victim and that favors
the aggressor, and typically occurs repeatedly over
time. Bullying may take many forms, including physical,
verbal, relational, and cyber. Bullying can be conduct
or behavior or that is based on, but not limited to, a
student's actual or perceived identity with regard to
race, color, national origin, sex, gender identity,
disability, sexual orientation, religion, or other
distinguishing characteristics that may be defined by a
State or local educational agency that--
``(i) is directed at one or more students;
``(ii) substantially interferes with
educational opportunities or programs of such
students; and
``(iii) adversely affects the ability of a
student to participate in or benefit from the
school's educational programs or activities by
placing a student in reasonable fear of
physical or mental harm.
``(B) Association.--Such term includes conduct
described in clauses (i), (ii), and (iii) of
subparagraph (A) that is based on--
``(i) a student's association with another
individual; and
``(ii) a characteristic of the other
individual that is referred to in subparagraph
(A).
``(C) Cyberbullying.--
``(i) In general.--Such term includes
conduct described in subparagraph (A) that is
undertaken, in whole or in part, through use of
technology or electronic communications
(including electronic mail, Internet
communications, instant messages, or facsimile
communications) to transmit images, text,
sounds, or other data.
``(ii) Sexting.--Such term includes
transmitting a nude picture by a means
described in clause (i) if such transmission
constitutes conduct described in subparagraph
(A).
``(iii) False identity.--Such term includes
knowingly impersonating another person as the
author of posted content or messages on the
Internet in order to trick, tease, harass, or
spread rumors about the other person.
``(13) Harassment.--The term `harassment' means conduct,
including conduct that is based on a student's actual or
perceived identity with regard to race, color, national origin,
gender identity, disability, sexual orientation, religion, or
any other distinguishing characteristics that may be defined by
a State or local educational agency, that--
``(A) is directed at one or more students;
``(B) substantially interferes with educational
opportunities or educational programs of such students;
and
``(C) adversely affects the ability of a student to
participate in or benefit from the school's educational
programs or activities because the conduct as
reasonably perceived by the student is so severe,
persistent, or pervasive.
``(14) Violence.--The term `violence' includes bullying and
harassment.''.
(h) Effect on Other Laws.--
(1) Amendment.--The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding
at the end the following:
``SEC. 4156. EFFECT ON OTHER LAWS.
``(a) Federal and State Nondiscrimination Laws.--Nothing in this
part shall be construed to alter legal standards regarding, or limit
rights available to victims of, bullying or harassment under other
Federal or State laws, including 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.), section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.).
``(b) Free Speech and Expression Laws.--Nothing in this part shall
be construed to alter legal standards regarding, or affect the rights
available to individuals under, other Federal laws that establish
protections for freedom of speech and expression.''.
(2) Clerical amendment.--The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding after the item relating to
section 4155 the following:
``Sec. 4156. Effect on other laws.''. | Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment, and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment. Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish complaint procedures for students and parents to register complaints regarding such conduct. Includes bullying and harassment within the Act's definition of violence. | {"src": "billsum_train", "title": "To amend the Safe and Drug-Free Schools and Communities Act to include bullying and harassment prevention programs."} | 2,243 | 135 | 0.565593 | 1.519738 | 0.628308 | 2.661538 | 15.076923 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Rebasing Relief
and Reassessment Act''.
SEC. 2. RELIEF AND REASSESSMENT OF THE REBASING OF MEDICARE HOME HEALTH
PROSPECTIVE PAYMENT AMOUNTS.
(a) Suspension of Rebasing.--Section 1895(b)(3)(A)(iii) of the
Social Security Act (42 U.S.C. 1395fff(b)(3)(A)(iii)) is amended--
(1) in subclause (I), in the first sentence, by striking
``subclause (II)'' and inserting ``subclauses (II) and (III)'';
(2) in subclause (II), in the first sentence, by striking
``The Secretary'' and inserting ``Subject to subclause (III),
the Secretary''; and
(3) by adding at the end the following new subclause:
``(III) Special rule.--Subclauses
(I) and (II) shall not apply for the
12-month period beginning on the date
of the enactment of this subclause. For
periods beginning after the period
described in the previous sentence, the
Secretary shall apply such subclauses
as if the previous sentence had not
been enacted.''.
(b) Revision of Home Health Outlier Adjustment.--Section
1895(b)(5)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(5)(A))
is amended, in the second sentence, by inserting ``(or, in the case of
each of the years 2015 through 2023, 2.25 percent)'' after ``2.5
percent''.
(c) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of Health and Human
Services, in consultation with representatives of
Medicare home health agencies and beneficiaries, shall
conduct a study on alternative methods for determining
the appropriate adjustment under section
1895(b)(3)(A)(iii) of the Social Security Act (42
U.S.C. 1395(b)(3)(A)(iii)), including methods offered
by stakeholders. Such study shall include an analysis
of each of the following:
(i) The projected impact on Medicare
beneficiary access to care during each of 2014
through 2017 of applying section 1895(b)(3)
during each of such years without application
of subparagraph (A)(iii) of such section,
compared to the projected impact on such access
during each of such years of applying such
section during each of such years with
application of such subparagraph.
(ii) The number and share of home health
agencies that are projected to experience
negative Medicare margins by 2017, including
the location, size, and type of such agencies.
(iii) With respect to home health agencies
described in clause (ii)--
(I) the total number, average age,
average income, and average number of
activities of daily living of the
Medicare beneficiaries such agencies
serve;
(II) the number of staff such
agencies employ;
(III) the number and location of
counties in which such agencies serve
as the sole provider of Medicare home
health services; and
(IV) to the extent practicable, the
payer mix of such agencies.
(iv) The impact of the adjustment on small
home health agencies, as defined by the United
States Small Business Administration small
business size standards, consistent with the
principles of the Regulatory Flexibility Act,
which requires Federal agencies, including the
Department of Health and Human Services, to
fully consider during the rulemaking process
the economic impact of regulatory provisions,
as well as less burdensome regulatory
alternatives, to small entities.
(v) Any other areas determined appropriate
by the Secretary.
(B) Requirement for alternative methods and other
considerations.--For purposes of the analysis under
subparagraph (A)--
(i) the alternative methods described in
such subparagraph shall cover each of the years
in which the rebasing adjustment under such
section 1895(b)(3)(A)(iii) is to be applied;
and
(ii) the Secretary shall include a
cumulative analysis of other Medicare home
health reimbursement reductions established by
statute or regulation, consistent with the
requirements of Executive Order 13563.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the study
conducted under paragraph (1), together with such
recommendations as the Secretary determines appropriate based
on the findings of such study. Such report shall include--
(A) a determination by the Secretary as to whether,
as a result of the findings of such study, the
Secretary intends to use the authority under section
1871 of the Social Security Act (42 U.S.C. 1395hh) to
modify the adjustment described in paragraph (1)(A) and
the extent of any such modification; and
(B) in the case the Secretary determines not to use
such authority, the rationale for such determination. | Medicare Home Health Rebasing Relief and Reassessment Act - Amends title XVIII (Medicare) of the Social Security Act, with respect to the system for prospective payments for home health services, to suspend for a 12-month period a specified adjustment to (rebasing of) Medicare home health prospective payment amounts. Revises the home health outlier adjustment to equal not to exceed 2.25% (currently, 2.5%) for 2015 through 2023. Directs the Secretary of Health and Human Services (HHS) to study alternative methods for determining the appropriate adjustment for 2014 and subsequent years to the prospective payment for home health services, including methods offered by stakeholders. | {"src": "billsum_train", "title": "Medicare Home Health Rebasing Relief and Reassessment Act"} | 1,141 | 146 | 0.564578 | 1.461698 | 0.652865 | 2.413223 | 8.024793 | 0.876033 |
SECTION 1. IMPOSITION OF TARIFF-RATE QUOTAS ON CERTAIN CASEIN AND MILK
CONCENTRATES.
(a) Casein and Casein Products.--
(1) In general.--The Additional U.S. notes to chapter 35 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) in note 1, by striking ``subheading
3501.10.10'' and inserting ``subheadings 3501.10.05,
3501.10.15, and 3501.10.20''; and
(B) by adding at the end the following new note:
``2. The aggregate quantity of casein, caseinates, milk protein
concentrate, and other casein derivatives entered under subheadings
3501.10.15, 3501.10.65, and 3501.90.65 in any calendar year shall not
exceed 54,051,000 kilograms. Articles the product of Mexico shall not
be permitted or included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain caseins, caseinates, and other
derivatives and glues.--Chapter 35 of the Harmonized Tariff
Schedule of the United States is amended by striking
subheadings 3501.10 through 3501.90.60, inclusive, and
inserting the following new subheadings with article
descriptions for subheadings 3501.10 and 3501.90 having the
same degree of indentation as the article description for
subheading 3502.20.00:
`` 3501.10 Casein:
................. Milk protein
concentrate:
3501.10.05 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
3501.10.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 2 to
this chapter
and entered
according to
its provisions
3501.10.20 Other.......... $2.16/kg Free (MX) $2.81/kg
................. Other:
3501.10.55 For industrial Free Free (A*, CA, E, IL, J, Free
uses other MX)
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.10.60 Described in Free Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.10.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
3501.10.70 Other......... $2.16/kg Free (MX) $2.81/kg
3501.90 Other:
3501.90.05 Casein glues.... 6% Free (A*, CA, E, IL, J, 30%
MX)
................. Other:
3501.90.30 For industrial 6% Free (A*, CA, E, IL, J, 30%
uses other MX)
than the
manufacture of
food for
humans or
other animals
or as
ingredients in
such food.....
................. Other:
3501.90.55 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12.1 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its
provisions...
3501.90.65 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12.1 cents/kg
additional
U.S. note 2
to this
chapter and
entered
according to
its
provisions...
3501.90.70 Other......... $2.16/kg Free (MX) $2.81/kg
''
(b) Milk Protein Concentrates.--
(1) In general.--The Additional U.S. notes to chapter 4 of
the Harmonized Tariff Schedule of the United States are
amended--
(A) in note 13, by striking ``subheading
0404.90.10'' and inserting ``subheadings 0404.90.05,
0404.90.15, and 0404.90.20''; and
(B) by adding at the end the following new note:
``27. The aggregate quantity of milk protein concentrates entered
under subheading 0404.90.15 in any calendar year shall not exceed
15,818,000 kilograms. Articles the product of Mexico shall not be
permitted or included under this quantitative limitation and no such
article shall be classifiable therein.''.
(2) Rates for certain milk protein concentrates.--Chapter 4
of the Harmonized Tariff Schedule of the United States is
amended by striking subheading 0404.90 through 0404.90.10,
inclusive, and inserting the following new subheadings with the
article description for subheading 0404.90 having the same
degree of indentation as the article description for subheading
0405.10 and the article description for subheadings 0404.90.05,
0404.90.15, and 0404.90.20 having the same degree of
indentation as the article description for subheading
0405.20.40:
`` 0404.90 Other:
................. Milk protein
concentrates:
0404.90.05 Described in 0.37 cents/kg Free (A*, CA, E, IL, J, 12 cents/kg
general note MX)
15 of the
tariff
schedule and
entered
pursuant to
its provisions
0404.90.15 Described in 0.37 cents/kg Free (A*, CA, E, IL, J) 12 cents/kg
additional
U.S. note 27
to this
chapter and
entered
pursuant to
its provisions
0404.90.20 Other.......... $1.56/kg Free (MX) $2.02/kg
''
(c) Effective Date.--The amendments made by this section apply to
goods entered, or withdrawn from warehouse for consumption, on or after
the first day of the first month after the date that is 15 days after
the date of enactment of this Act.
SEC. 2. COMPENSATION AUTHORITY.
(a) In General.--If the provisions of section 1 require, the
President--
(1) may enter into a trade agreement with any foreign
country or instrumentality for the purpose of granting new
concessions as compensation in order to maintain the general
level of reciprocal and mutually advantageous concessions; and
(2) may proclaim such modification or continuance of any
existing duty, or such continuance of existing duty-free or
excise treatment, as the President determines to be required or
appropriate to carry out any such agreement.
(b) Limitations.--
(1) In general.--No proclamation shall be made pursuant to
subsection (a) decreasing any rate of duty to a rate which is
less than 70 percent of the existing rate of duty.
(2) Special rule for certain duty reductions.--If the rate
of duty in effect at any time is an intermediate stage under
section 1102(a) of the Omnibus Trade and Competitiveness Act of
1988, the proclamation made pursuant to subsection (a) may
provide for the reduction of each rate of duty at each such
stage proclaimed under section 1102(a) by not more than 30
percent of such rate of duty, and may provide for a final rate
of duty which is not less than the 70 percent of the rate of
duty proclaimed as the final stage under section 1102(a).
(3) Rounding.--If the President determines that such action
will simplify the computation of the amount of duty computed
with respect to an article, the President may exceed the
limitations provided in paragraphs (1) and (2) by not more than
the lesser of--
(A) the difference between such limitation and the
next lower whole number, or
(B) one-half of one percent ad valorem. | Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico).Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment. Sets forth certain limits on the reduction of duties on such products. | {"src": "billsum_train", "title": "To impose tariff-rate quotas on certain casein and milk protein concentrates."} | 1,745 | 156 | 0.462095 | 1.440494 | 0.632267 | 4.063492 | 12.396825 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovators Job Creation Act''.
SEC. 2. PERMANENT EXTENSION.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by striking subsection (h) and inserting the following:
``(h) Termination of Alternative Incremental Credit.--No election
under subsection (c)(4) shall apply to taxable years beginning after
December 31, 2008.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after December 31, 2013.
SEC. 3. CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.
Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code
of 1986 is amended--
(1) by redesignating clauses (ii), (iii), (iv), (v), (vi),
(vii), (viii), and (ix) as clauses (iii), (iv), (v), (vi),
(vii), (viii), (ix), and (x), respectively, and
(2) by inserting after clause (i) the following new clause:
``(ii) the credit determined under section
41 to the extent attributable to amounts paid
or incurred after December 31, 2013,''.
SEC. 4. PERMANENT 5-YEAR CARRYBACK FOR RESEARCH CREDITS OF SMALL
BUSINESSES.
(a) In General.--Paragraph (4) of section 39(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(4) 5-year carryback for research credits of small
businesses.--Notwithstanding subsection (d), in the case of
credits determined under section 41 with respect to an eligible
small business (as defined in section 38(c)(5)(C)) in taxable
years beginning after December 31, 2013--
``(A) paragraph (1) shall be applied by
substituting `each of the 5 taxable years' for `the
taxable year' in subparagraph (A) thereof, and
``(B) paragraph (2) shall be applied--
``(i) by substituting `25 taxable years'
for `21 taxable years' in subparagraph (A)
thereof, and
``(ii) by substituting `24 taxable years'
for `20 taxable years' in subparagraph (B)
thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 5. ELECTION PERMITTED ON AMENDED RETURN.
(a) In General.--Paragraph (5) of section 41(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Special rule regarding timing of election.--
An election under this paragraph may be made by means
of an amendment to the return of tax for the taxable
year for which made.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 6. TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP COMPANIES.
(a) In General.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
subsection:
``(i) Treatment of Credit to Qualified Small Businesses.--
``(1) In general.--At the election of a qualified small
business, the payroll tax credit portion of the credit
determined under subsection (a) shall be treated as a credit
allowed under section 3111(f) (and not under this section).
``(2) Payroll tax credit portion.--For purposes of this
subsection, the payroll tax credit portion of the credit
determined under subsection (a) for any taxable year is so much
of such credit as does not exceed $250,000.
``(3) Qualified small business.--For purposes of this
subsection--
``(A) In general.--The term `qualified small
business' means, with respect to any taxable year--
``(i) a corporation, partnership, or S
corporation if--
``(I) the gross receipts (as
determined under subsection (c)(7)) of
such entity for the taxable year is
less than $5,000,000, and
``(II) such entity did not have
gross receipts (as so determined) for
any period preceding the 5-taxable-year
period ending with such taxable year,
and
``(ii) any person not described in
subparagraph (A) if clauses (i) and (ii) of
subparagraph (A) applied to such person,
determined--
``(I) by substituting `person' for
`entity' each place it appears), and
``(II) in the case of an
individual, by only taking into account
the aggregate gross receipts received
by such individual in carrying on
trades or businesses of such
individual.
``(B) Limitation.--Such term shall not include an
organization which is exempt from taxation under
section 501.
``(4) Election.--
``(A) In general.--In the case of a partnership or
S corporation, an election under this subsection shall
be made at the entity level.
``(B) Revocation.--An election under this
subsection may not be revoked without the consent of
the Secretary.
``(C) Limitation.--A taxpayer may not make an
election under this subsection if such taxpayer has
made an election under this subsection for 5 or more
preceding taxable years.
``(5) Aggregation rules.--For purposes of determining the
$250,000 limitation under paragraph (2) and determining gross
receipts under paragraph (3), all members of the same
controlled group of corporations (within the meaning of section
267(f)) and all persons under common control (within the
meaning of section 52(b) but determined by treating an interest
of more than 50 percent as a controlling interest) shall be
treated as 1 person.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including--
``(A) regulations to prevent the avoidance of the
purposes of paragraph (3) through the use of successor
companies or other means,
``(B) regulations to minimize compliance and
record-keeping burdens under this subsection for start-
up companies, and
``(C) regulations for recapturing the benefit of
credits determined under section 3111(f) in cases where
there is a subsequent adjustment to the payroll tax
credit portion of the credit determined under
subsection (a), including requiring amended returns in
the cases where there is such an adjustment.''.
(2) Conforming amendment.--Section 280C(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Treatment of qualified small business credit.--For
purposes of determining the amount of any credit under section
41(a) under this subsection, any election under section 41(i)
shall be disregarded.''.
(b) Credit Allowed Against FICA Taxes.--
(1) In general.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(f) Credit for Research Expenditures of Qualified Small
Businesses.--
``(1) In general.--In the case of a qualified small
business which has made an election under section 41(i), there
shall be allowed as a credit against the tax imposed by
subsection (a) on wages paid with respect to the employment of
all employees of the qualified small business for days in an
applicable calendar quarter an amount equal to the payroll tax
credit portion of the research credit determined under section
41(a).
``(2) Carryover of unused credit.--In any case in which the
payroll tax credit portion of the research credit determined
under section 41(a) exceeds the tax imposed under subsection
(a) for an applicable calendar quarter--
``(A) the succeeding calendar quarter shall be
treated as an applicable calendar quarter, and
``(B) the amount of credit allowed under paragraph
(1) shall be reduced by the amount of credit allowed
under such paragraph for all preceding applicable
calendar quarters.
``(3) Allocation of credit for controlled groups, etc.--In
determining the amount of the credit under this subsection--
``(A) all persons treated as a single taxpayer
under section 41 shall be treated as a single taxpayer
under this section, and
``(B) the credit (if any) allowable by this section
to each such member shall be its proportionate share of
the qualified research expenses, basic research
payments, and amounts paid or incurred to energy
research consortiums, giving rise to the credit
allowable under section 41.
``(4) Definitions.--For purposes of this subsection--
``(A) Applicable calendar quarter.--The term
`applicable calendar quarter' means--
``(i) the first calendar quarter following
the date on which the qualified small business
files a return under section 6012 for the
taxable year for which the payroll tax credit
portion of the research credit under section
41(a) is determined, and
``(ii) any succeeding calendar quarter
treated as an applicable calendar quarter under
paragraph (2)(A).
``For purposes of determining the date on which a
return is filed, rules similar to the rules of section
6513 shall apply.
``(B) Other terms.--Any term used in this
subsection which is also used in section 41 shall have
the meaning given such term under section 41.''.
(2) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by paragraph (1). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Innovators Job Creation Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) allow an offset of such credit against liability for the alternative minimum tax (AMT); (3) make permanent the five-year carryback of research tax credit amounts of certain small businesses; and (4) allow a qualified small business, other than a tax-exempt organization, to use a portion, up to $250,000 in a taxable year, of its tax credit for increasing research expenditures as an offset against its employment tax liability. Defines "qualified small business" as a corporation, partnership, or S corporation if the gross receipts of such entity for the taxable year are less than $5 million and such entity did not have gross receipts for any period preceding the 5-year period ending with such taxable year. | {"src": "billsum_train", "title": "Innovators Job Creation Act"} | 2,326 | 230 | 0.536856 | 1.495075 | 0.812566 | 2.273292 | 13.236025 | 0.857143 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Maximizing America's Prosperity
Act of 2015''.
SEC. 2. TOTAL SPENDING LIMITS.
(a) Total Spending Limits.--Section 251 of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is amended to read
as follows:
``SEC. 251. TOTAL SPENDING LIMITS.
``(a) Projections.--
``(1) OMB report.--OMB shall prepare a report comparing
projected total spending under section 257 and the total
spending limits in subsection (c), and include such report in
the budget as submitted by the President annually under section
1105(a) of title 31, United States Code.
``(2) CBO report.--CBO shall prepare a report comparing
projected total spending under section 257 and the total
spending limits in subsection (c) and include such report in
the CBO annual baseline and reestimate of the President's
budget.
``(3) Inclusion in spending reduction orders.--Reports
prepared pursuant to this subsection shall be included in the
spending reduction report.
``(b) Spending Reduction Order.--(1) Within 15 calendar days after
Congress adjourns to end a session, there shall be a spending reduction
order under section 254(f)(5).
``(2) Each non-exempt discretionary budget account shall be reduced
by a dollar amount calculated by multiplying the enacted level of
sequestrable budgetary resources in that account at that time by the
uniform percentage necessary to achieve the required automatic spending
reduction.
``(3) No discretionary budget account shall be subject to a
spending reduction of more than five percent of its budgetary
resources.
``(c) Fiscal Years of the Total Spending Period.--The fiscal years
within the total spending period shall be as follows:
``(1) Fiscal year 2016: 19.0 percent of potential GDP.
``(2) Fiscal year 2017: 17.7 percent of potential GDP.
``(3) Fiscal year 2018: 17.0 percent of potential GDP.
``(4) Fiscal year 2019: 16.8 percent of potential GDP.
``(5) Fiscal year 2020: 16.7 percent of potential GDP.
``(6) Fiscal year 2021: 16.6 percent of potential GDP.
``(7) Fiscal year 2022: 16.6 percent of potential GDP.
``(8) Fiscal year 2023: 16.3 percent of potential GDP.
``(9) Fiscal year 2024: 16.0 percent of potential GDP.
``(10) Fiscal year 2025 and subsequent fiscal years: 16.0
percent of potential GDP.
``(d) Reduction for Unfunded Federal Mandates.--The amount
determined under subsection (c) with respect to each fiscal year shall
be reduced by an amount equal to the amount of the unfunded direct
costs with respect to such fiscal year of Federal mandates (as such
terms are defined under section 421 of the Congressional Budget Act of
1974) enacted after the date of the enactment of this section. Such
amount shall not be treated as being less than zero with respect to any
fiscal year.''.
(b) Repeal of Section 251A.--Section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is repealed.
(c) Definitions.--Section 3 of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 622) is amended by adding at
the end the following new paragraphs:
``(12) The term `total spending' means all outlays of the
Government including those from off-budget entities and budget
authority and outlays flowing therefrom, as applicable,
designated as emergencies, and excluding net interest.
``(13) The term `total spending limit' means the maximum
permissible total spending of the Government set forth as a
percentage of estimated potential GDP.
``(14) The term `potential GDP' has the same meaning as the
term potential GDP used by the Congressional Budget Office,
which is the gross domestic product that would occur if the
economy were at full employment, not exceeding the employment
level at which inflation would occur.''.
(d) Conforming Amendments Resulting From the Repeal of Old Section
251.--
(1) Definitions.--Paragraphs (3) and (4) of section 250(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 are repealed.
(2) Sections 254(c) and 254(f) amendments.--Sections
254(c)(2) and 254(f)(2) of such Act are repealed.
(e) Additional Conforming Amendments to Section 254.--(1) The table
set forth in section 254(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 904(a)) is amended by striking
``sequestration'' each place it appears.
(2) Section 254(c)(1) of such Act is amended by inserting ``and''
before ``pay-as-you-go'' and by striking ``, and deficit'' and
inserting ``and regarding spending reduction''.
(3) Section 254(c)(4) of such Act is amended to read as follows:
``(4) Spending reduction report.--The preview report shall
set forth for the budget year estimates for each of the
following:
``(A) Estimated total spending.
``(B) Estimate of potential GDP.
``(C) The spending reduction percentage necessary
to achieve the applicable percent of potential GDP
under section 251(c).''.
(4) Section 254(f)(3) of such Act is amended--
(A) in the side heading, by striking ``and deficit
sequestration reports'' and insert ``sequestration report and
spending reduction report''; and
(B) in the first sentence, by striking ``and deficit
sequestration preview reports'' and inserting ``sequestration
preview report and the spending reduction report''.
(f) Conforming Amendment to Section 250.--The item relating to
section 251 in the table of contents set forth in 250(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(a)) is amended to read as follows:
``Sec. 251. Total spending limits.''.
SEC. 3. ALLOCATION FOR EMERGENCIES.
(a) Section 302(a) of the Congressional Budget Act of 1974 (2
U.S.C. 633(a)) is amended by adding at the end the following new
paragraph:
``(6) Allocation to the committees on appropriations for
emergencies.--Of the amounts of new budget authority and
outlays allocated to the Committees on Appropriations for the
first fiscal year of the concurrent resolution on the budget, 1
percent shall be set aside for emergencies and may be used for
no other purpose.''.
(b) Section 1105(a)(14) of title 31, United States Code, is amended
by inserting ``, including an amount for emergency spending not less
than 1 percent of all discretionary spending for that year'' before the
period. | Maximizing America's Prosperity Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget and Impoundment Control Act of 1974 to limit total noninterest federal spending to a specified percentage of potential gross domestic product (GDP). The cap begins at 19% of potential GDP for FY2016 and decreases each fiscal year until it reaches 16% of potential GDP for FY2024 and subsequent fiscal years. The total cap for each year fiscal year must be reduced by an amount equal to the unfunded direct costs of federal mandates for the year. The bill revises the existing sequestration process to establish a new process to enforce the limits established by this bill. To enforce the caps, the bill's sequestration process would impose automatic cuts to discretionary spending. No discretionary budget account is permitted to be reduced by more than 5% of its budgetary resources. The bill eliminates adjustments to spending limits that are currently permitted for emergency spending. The President's budget must include an allowance for emergency spending that is no less than 1% of discretionary spending for the year. The appropriations committees must set aside for emergencies 1% of the funding allocation provided to the committees by the budget resolution. | {"src": "billsum_train", "title": "Maximizing America's Prosperity Act of 2015"} | 1,621 | 269 | 0.536192 | 1.417746 | 0.838693 | 2.146552 | 6.060345 | 0.784483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right To Know About Airport
Pollution Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the serious ground level ozone, noise, water pollution,
and solid waste disposal problems attendant to airport
operations require a thorough evaluation of all significant
sources of pollution;
(2) the Clean Air Act (42 U.S.C. 7401 et seq.)--
(A) requires each State to reduce emissions
contributing to ground level ozone problems and
maintain those reductions; and
(B) requires the Administrator of the Environmental
Protection Agency to study, in addition to other
sources, the effects of sporadic, extreme noise (such
as jet noise near airports) on public health and
welfare;
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) establishes a regulatory and enforcement program for
discharges of wastes into waters;
(4) the Safe Drinking Water Act (42 U.S.C. 300f et seq.)
establishes primary drinking water standards and a ground water
control program;
(5) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
regulates management and disposal of solid and hazardous waste;
(6) a study of air pollution problems in California--
(A) has determined that airports are significant
sources of air pollution; and
(B) has led to the creation of an airport bubble
concept; and
(7) the airport bubble concept is an approach that--
(A) treats an airport and the area within a
specific radius around the airport as a single source
of pollution that emits a range of pollutants,
including air, noise, water, and solid waste; and
(B) seeks, by implementation of specific programs
or regulations, to reduce the pollution from each
source within the bubble and thereby reduce the overall
pollution in that area.
(b) Purpose.--The purpose of this Act is to require the
Administrator to conduct--
(1) a feasibility study for applying airport bubbles to
airports as a method of assessing and reducing, where
appropriate, air, noise, water, and solid waste pollution in
and around the airports and improving overall environmental
quality; and
(2) a study of air pollutant emission standards established
by the Environmental Protection Agency for airplane engines to
determine whether it is feasible and desirable to strengthen
the standards.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Airport bubble.--The term ``airport bubble'' means an
area--
(A) in and around an airport (or other facility
using aircraft) within which sources of pollution and
levels of pollution from those sources are to be
identified and reduced; and
(B) containing a variety of types of air, noise,
water, and solid waste sources of pollution in which
the aggregate of each type of pollutant from the
respective sources is regulated as if the various
sources were a single source.
SEC. 4. STUDY OF USING AIRPORT BUBBLES.
(a) In General.--The Administrator shall conduct a study to
determine the feasibility of regulating air, noise, water, and solid
waste pollution from all sources in and around airports using airport
bubbles.
(b) Working Group.--In conducting the study, the Administrator
shall establish and consult with a working group comprised of--
(1) the Administrator of the Federal Aviation
Administration (or a designee);
(2) the Secretary of Defense (or a designee);
(3) the Secretary of Transportation (or a designee);
(4) a representative of air quality districts;
(5) a representative of environmental research groups;
(6) a representative of State Audubon Societies;
(7) a representative of the Sierra Club;
(8) a representative of the Nature Conservancy;
(9) a representative of port authorities of States;
(10) an airport manager;
(11) a representative of commanding officers of military
air bases and stations;
(12) a representative of the bus lines that serve airports
who is familiar with the emissions testing and repair records
of those buses, the schedules of those lines, and any problems
with delays in service caused by traffic congestion;
(13) a representative of the taxis and limousines that
serve airports who is familiar with the emissions testing and
repair records of the taxis and limousines and the volume of
business generated by the taxis and limousines;
(14) a representative of local law enforcement agencies or
other entities responsible for traffic conditions in and around
airports;
(15) a representative of the Air Transport Association;
(16) a representative of the Airports Council
International-North America;
(17) a representative of environmental specialists from
airport authorities; and
(18) a representative from an aviation union representing
ground crews.
(c) Required Elements.--In conducting the study, the Administrator
shall--
(1) collect, analyze, and consider information on the
variety of stationary and mobile sources of air, noise, water,
and solid waste pollution within airport bubbles around
airports in the United States, including--
(A) aircraft, vehicles, and equipment that service
aircraft (including main and auxiliary engines); and
(B) buses, taxis, and limousines that serve
airports;
(2) study a statistically significant number of airports
serving commercial aviation in a manner designed to obtain a
representative sampling of such airports;
(3) consider all relevant information that is available,
including State implementation plans under the Clean Air Act
(42 U.S.C. 7401 et seq.) and airport master plans;
(4) consider the air quality implications of airport and
ground and in-flight aircraft operations, such as routing and
delays;
(5) assess the role of airports in interstate and
international travel and commerce and the environmental and
economic impact of regulating airports as significant sources
of air, noise, water, and solid waste pollution;
(6) propose boundaries of the areas to be included within
airport bubbles;
(7) propose a definition of air pollutant emissions for
airport bubbles that includes hydrocarbons, volatile organic
compounds, and other ozone precursors targeted for reduction
under Federal air pollution law;
(8) develop an inventory of each source of air, noise,
water, and solid waste pollution to be regulated within airport
bubbles and the level of reduction for each source;
(9) list and evaluate programs that might be implemented to
reduce air, noise, water, and solid waste pollution within
airport bubbles and the environmental and economic impact of
each of the programs, including any changes to Federal or State
law (including regulations) that would be required for
implementation of each of the programs;
(10) evaluate the feasibility of regulating air, noise,
water, and solid waste pollutants in and around airports using
airport bubbles and make recommendations regarding which
programs should be included in an effective implementation of
airport bubble methodology; and
(11) address the issues of air and noise pollution source
identification and regulation that are unique to military air
bases and stations.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results and recommendations of the study required by
this section.
SEC. 5. STUDY OF EMISSION STANDARDS FOR AIRPLANE ENGINES.
(a) In General.--The Administrator shall conduct a study of air
pollutant emission standards established by the Environmental
Protection Agency for airplane engines to determine whether it is
feasible and desirable to strengthen the standards.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing the results and recommendations of the study required by
this section.
SEC. 6. PROGRESS REPORTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter until the reports under sections 4 and 5 are
submitted, the Administrator shall submit to Congress a report that
details the progress being made by the Administrator in carrying out
sections 4 and 5.
SEC. 7. REPORTING OF TOXIC CHEMICAL RELEASES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall promulgate regulations
requiring each airport that regularly serves commercial or military jet
aircraft to report, under section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11023) and section 6607
of the Pollution Prevention Act of 1990 (42 U.S.C. 13106), releases and
other waste management activities associated with the manufacturing,
processing, or other use of toxic chemicals listed under section 313 of
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023), including toxic chemicals manufactured, processed, or
otherwise used--
(1) during operation and maintenance of aircraft and other
motor vehicles at the airport; and
(2) in the course of other airport and airline activities.
(b) Treatment as a Facility.--For the purpose of subsection (a), an
airport shall be considered to be a facility as defined in section 329
of the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11049).
SEC. 8. FUNDING.
The Administrator shall carry out this Act using existing funds
available to the Administrator. | Right To Know About Airport Pollution Act of 1999 - Directs the Administrator of the Environmental Protection Agency (EPA) to study, and report to Congress on: (1) the feasibility of regulating air, noise, water, and solid waste pollution from all sources in and around airports using airport bubbles; and (2) the feasibility and desirability of strengthening EPA air pollutant emissions standards for airplane engines. Defines an "airport bubble" as an area: (1) in and around an airport (or other facility using aircraft) within which sources of pollution and levels of pollution from those sources are to be identified and reduced; and (2) containing a variety of types of air, noise, water, and solid waste sources of pollution in which the aggregate of each type of pollutant from the respective source is regulated as if the various sources were a single source.
Requires the Administrator to promulgate regulations requiring each airport that regularly serves commercial or military jet aircraft to report, under toxic chemical release reporting provisions of the Emergency Planning and Community Right-To-Know Act of 1986 and source reduction and recycling data collection provisions of the Pollution Prevention Act of 1990, releases and other waste management activities associated with the manufacturing, processing, or other use of toxic chemicals listed under the Emergency Planning and Community Right-To-Know Act of 1986. | {"src": "billsum_train", "title": "Right To Know About Airport Pollution Act of 1999"} | 2,076 | 283 | 0.691589 | 2.070203 | 0.762536 | 6.961538 | 7.538462 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance to Firefighters Grant
Reauthorization Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are 1,100,000 firefighters serving in over 30,000
fire departments in the United States;
(2) fire departments responded to nearly 1,700,000 fires in
2002;
(3) every 19 seconds a fire department responds to a fire
somewhere in the United States;
(4) in 2003, 110 firefighters died in the line of duty;
(5) fires resulted in the deaths of 3,380 civilians in
2002;
(6) nationwide there is a civilian fire death every 156
minutes;
(7) in 2002, 18,425 people sustained injuries from fires;
(8) in 2002 there was an estimated $10,337,000,000 in
property damage caused by fires, including $6,055,000,000 worth
of property loss to residential properties;
(9) for communities with populations between 10,000 and
1,000,000, it is estimated that approximately \1/4\ of
emergency responders on a shift lack radios, and this
percentage increases as community size decreases;
(10) an estimated one-third of firefighters per shift are
not equipped with self-contained breathing apparatus (SCBA);
(11) nearly half of all self-contained breathing apparatus
units are at least 10 years old;
(12) nearly half of firefighters on a shift lack personal
alert system (PASS) devices;
(13) an estimated 57,000 firefighters lack personal
protective clothing;
(14) one-third of personal protective clothing is at least
10 years old;
(15) half of all fire engines are at least 15 years old;
(16) only one-fourth of fire departments have the ability
to communicate with Federal, State, and local partners;
(17) only one-fourth of fire departments have thermal
imaging cameras;
(18) only one fire department in 28 has mobile data
terminals;
(19) only one fire department in 50 has advanced personnel
location equipment;
(20) only one fire department in 23 has equipment to
collect chemical or biological samples;
(21) an estimated 42 percent of the population is protected
by fire departments that do not have a program for free
distribution of home smoke alarms;
(22) an estimated 48 percent of the population is protected
by fire departments that do not have a juvenile firesetter
program;
(23) an estimated 27 percent of the population is protected
by fire departments that do not have a fire safety education
program based on a national curriculum;
(24) only 11 percent of fire departments can respond to a
technical rescue involving emergency medical services at a
building collapse with local personnel, and nearly half of all
departments consider such an incident outside their scope;
(25) only 13 percent of fire departments can respond to a
hazmat incident involving emergency medical services with local
personnel, and two-fifths of all departments consider such an
incident outside their scope;
(26) only 26 percent of fire departments can respond to a
wildland/urban interface fire affecting 500 acres with local
personnel, and one-third of all departments consider such an
incident outside their scope; and
(27) only 12 percent of fire departments can handle
mitigation of a developing major flood with local personnel,
and a majority of fire departments consider such an incident
outside their scope.
SEC. 3. AMENDMENTS.
Section 33 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) is amended--
(1) by striking ``Director'' each place it appears and
inserting ``Administrator'';
(2) in subsection (b)(1)(A), by inserting ``and volunteer
emergency medical service squads'' after ``fire departments'';
(3) in subsection (b)(1)(B), by inserting ``and firefighter
safety research and development'' after ``fire prevention'';
(4) in subsection (b)(3)(F), by inserting ``and volunteer
emergency medical service squads that are not affiliated with a
fire department, hospital, or for-profit entity'' after ``fire
departments'';
(5) in subsection (b)(4)--
(A) by inserting ``and firefighter safety research
and development'' after ``prevention'' in the paragraph
heading;
(B) in subparagraph (A)(ii)--
(i) by inserting ``that are not fire
departments and'' after ``community
organizations'';
(ii) by inserting ``and firefighter
research and development programs,'' after
``fire safety programs and activities,''; and
(iii) by inserting ``and research to
improve firefighter health and life safety''
after ``fire prevention programs''; and
(C) in subparagraph (B), by striking ``to children
from fire'' and inserting ``to high risk groups from
fire, as well as research programs that demonstrate the
potential to improve firefighter safety'';
(6) in subsection (b)(6)--
(A) in subparagraph (A)--
(i) by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B) and (C)''; and
(ii) by striking ``30 percent'' and
inserting ``20 percent''; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Fire prevention and firefighter safety
grants.--There shall be no matching requirement for a
grant described in paragraph (4)(A)(ii).'';
(7) in subsection (b)(10)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Recipient limitations.--A grant recipient
under this section--
``(i) that serves a jurisdiction with
500,000 people or less may not receive grants
in excess of $1,000,000 for any fiscal year;
``(ii) that serves a jurisdiction with more
than 500,000 but not more than 1,000,000 people
may not receive grants in excess of $2,000,000
for any fiscal year; and
``(iii) that serves a jurisdiction with
more than 1,000,000 people may not receive
grants in excess of $3,000,000 for any fiscal
year.
The Administrator may award grants in excess of the
limitations provided in clause (i) or (ii) to a
recipient that serves a population close to the
relevant threshold, upon a showing of sufficient
need.'';
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Distribution.--Notwithstanding subparagraph
(A), no single recipient may receive more than one half
of one percent of the funds appropriated under this
section for a single fiscal year.''; and
(D) by adding at the end the following new
subparagraph:
``(D) Volunteer emergency medical service
limitation.--Not more than 4 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be awarded to volunteer emergency
medical service squads.'';
(8) in subsection (b), by adding at the end the following
new paragraphs:
``(13) Annual meeting.--The Administrator shall convene an
annual meeting of non-Federal fire service experts, including
representatives from a wide range of fire service
organizations, to recommend criteria for awarding grants under
this section for the next fiscal year and recommend any
necessary administrative changes to the grant program.
``(14) Guidelines.--(A) Each year, prior to making any
grants under this section, the Administrator shall publish in
the Federal Register--
``(i) guidelines that describe the process for
applying for grants and the criteria for awarding
grants; and
``(ii) an explanation of any differences between
the guidelines and the recommendations made pursuant to
paragraph (1).
``(B) The criteria for awarding grants shall include the
extent to which the grant would enhance the daily operations of
a fire department and the impact of such a grant on the
protection of lives and property.
``(15) Peer review.--The Administrator shall, after
consultation with national fire service organizations, appoint
fire service personnel to conduct peer review of applications
received under paragraph (5). In making grants under this
section, the Administrator shall consider the results of such
peer review evaluations.
``(16) Protection of volunteers from discrimination.--A
fire department receiving funds provided under this section
shall not discriminate against, or prohibit its members from
engaging in, volunteer activities in another jurisdiction
during off-duty hours.''; and
(9) in subsection (e)(1), by striking ``2002 through 2004''
and inserting ``2005 through 2007''.
SEC. 4. REPORTS.
(a) Study on Need for Federal Assistance to State and Local
Communities to Fund Firefighting and Emergency Response Activities.--
The Administrator of the United States Fire Administration shall--
(1) reconduct the study required under section 1701(b) of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, in conjunction with the National Fire
Protection Association, to--
(A) define the current role and activities
associated with the fire services;
(B) analyze the extent to which grant awards
fulfill the goals of applicants; and
(C) provide a needs assessment to identify
shortfalls;
(2) express the needs assessment under subparagraph
(A)(iii) on a national and State-by-State basis; and
(3) measure the impact the Assistance to Firefighters Grant
program under section 33 of the Federal Fire Prevention and
Control Act of 1974 has had in meeting the shortfalls
identified in the original report conducted under such section
1701(b).
(b) Time for Completion of Study; Report.--The Administrator shall
complete the study under subsection (a), and submit a report on the
results of the study to Congress, not later than 18 months after the
date of the enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Fire Administration $300,000 for
fiscal year 2005 to carry out the study required by subsection (a). | Assistance to Firefighters Grant Reauthorization Act of 2004 - Amends the Federal Fire Prevention and Control Act of 1974 to modify provisions regarding firefighter assistance to make the Administrator of the United States Fire Administration (currently, the Director of the Federal Emergency Management Agency) responsible for such assistance. Authorizes the Administrator to make grants to volunteer emergency medical service squads and to provide assistance for firefighter safety research and development. Includes within authorized uses of grants the funding of such squads that are not affiliated with a fire department, hospital, or for-profit entity.
Makes specified funds available for research to improve firefighter health and life safety. Grants priority for certain earmarked funds to organizations that focus on prevention of injuries to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety.
Allows the Administrator to provide assistance only if the applicant agrees to match with an equal amount of non-Federal funds 20 (currently 30) percent of the assistance received for any fiscal year. Modifies grant recipient limitations.
Directs the Administrator to: (1) convene an annual meeting of non-Federal fire service experts to recommend criteria for awarding grants and necessary administrative changes; (2) publish each year in the Federal Register guidelines that describe the grant application process and award criteria; (3) appoint fire service personnel to conduct peer review of applications; and (4) re-conduct a study to define the current role and activities associated with fire services. | {"src": "billsum_train", "title": "To reauthorize the Assistance to Firefighters Grant program under section 33 of the Federal Fire Prevention and Control Act of 1974, and for other purposes."} | 2,221 | 319 | 0.493407 | 1.519828 | 0.800455 | 3.65371 | 7.466431 | 0.876325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trademark Law Treaty Implementation
Act''.
SEC. 2. REFERENCE TO THE TRADEMARK ACT OF 1946.
For purposes of this Act, the Act entitled ``An Act to provide for
the registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall
be referred to as the ``Trademark Act of 1946''.
SEC. 3. APPLICATION FOR REGISTRATION; VERIFICATION.
(a) Application for Use of Trademark.--Section 1(a) of the
Trademark Act of 1946 (15 U.S.C. 1051(a)) is amended to read as
follows:
``Section 1. (a)(1) The owner of a trademark used in commerce may
request registration of its trademark on the principal register hereby
established by paying the prescribed fee and filing in the Patent and
Trademark Office an application and a verified statement, in such form
as may be prescribed by the Commissioner, and such number of specimens
or facsimiles of the mark as used as may be required by the
Commissioner.
``(2) The application shall include specification of the
applicant's domicile and citizenship, the date of the applicant's first
use of the mark, the date of the applicant's first use of the mark in
commerce, the goods in connection with which the mark is used, and a
drawing of the mark.
``(3) The statement shall be verified by the applicant and specify
that--
``(A) the person making the verification believes that he
or she, or the juristic person in whose behalf he or she makes
the verification, to be the owner of the mark sought to be
registered;
``(B) to the best of the verifier's knowledge and belief,
the facts recited in the application are accurate;
``(C) the mark is in use in commerce; and
``(D) to the best of the verifier's knowledge and belief,
no other person has the right to use such mark in commerce
either in the identical form thereof or in such near
resemblance thereto as to be likely, when used on or in
connection with the goods of such other person, to cause
confusion, or to cause mistake, or to deceive, except that, in
the case of every application claiming concurrent use, the
applicant shall--
``(i) state exceptions to the claim of exclusive
use; and
``(ii) shall specify, to the extent of the
verifier's knowledge--
``(I) any concurrent use by others;
``(II) the goods on or in connection with
which and the areas in which each concurrent
use exists;
``(III) the periods of each use; and
``(IV) the goods and area for which the
applicant desires registration.
``(4) The applicant shall comply with such rules or regulations as
may be prescribed by the Commissioner. The Commissioner shall
promulgate rules prescribing the requirements for the application and
for obtaining a filing date herein.''.
(b) Application for Bona Fide Intention To Use Trademark.--
Subsection (b) of section 1 of the Trademark Act of 1946 (15 U.S.C.
1051(b)) is amended to read as follows:
``(b)(1) A person who has a bona fide intention, under
circumstances showing the good faith of such person, to use a trademark
in commerce may request registration of its trademark on the principal
register hereby established by paying the prescribed fee and filing in
the Patent and Trademark Office an application and a verified
statement, in such form as may be prescribed by the Commissioner.
``(2) The application shall include specification of the
applicant's domicile and citizenship, the goods in connection with
which the applicant has a bona fide intention to use the mark, and a
drawing of the mark.
``(3) The statement shall be verified by the applicant and
specify--
``(A) that the person making the verification believes that
he or she, or the juristic person in whose behalf he or she
makes the verification, to be entitled to use the mark in
commerce;
``(B) the applicant's bona fide intention to use the mark
in commerce;
``(C) that, to the best of the verifier's knowledge and
belief, the facts recited in the application are accurate; and
``(D) that, to the best of the verifier's knowledge and
belief, no other person has the right to use such mark in
commerce either in the identical form thereof or in such near
resemblance thereto as to be likely, when used on or in
connection with the goods of such other person, to cause
confusion, or to cause mistake, or to deceive.
Except for applications filed pursuant to section 44, no mark shall be
registered until the applicant has met the requirements of subsections
(c) and (d) of this section.
``(4) The applicant shall comply with such rules or regulations as
may be prescribed by the Commissioner. The Commissioner shall
promulgate rules prescribing the requirements for the application and
for obtaining a filing date herein.''.
(c) Consequence of Delays.--Paragraph (4) of section 1(d) of the
Trademark Act of 1946 (15 U.S.C. 1051(d)(4)) is amended to read as
follows:
``(4) The failure to timely file a verified statement of use under
paragraph (1) or an extension request under paragraph (2) shall result
in abandonment of the application, unless it can be shown to the
satisfaction of the Commissioner that the delay in responding was
unintentional, in which case the time for filing may be extended, but
for a period not to exceed the period specified in paragraphs (1) and
(2) for filing a statement of use.''.
SEC. 4. REVIVAL OF ABANDONED APPLICATION.
Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is
amended in the last sentence by striking ``unavoidable'' and by
inserting ``unintentional''.
SEC. 5. DURATION OF REGISTRATION; CANCELLATION; AFFIDAVIT OF CONTINUED
USE; NOTICE OF COMMISSIONER'S ACTION.
Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended
to read as follows:
``duration
``Sec. 8. (a) Each registration shall remain in force for 10 years,
except that the registration of any mark shall be canceled by the
Commissioner for failure to comply with the provisions of subsection
(b) of this section, upon the expiration of the following time periods,
as applicable:
``(1) For registrations issued pursuant to the provisions
of this Act, at the end of 6 years following the date of
registration.
``(2) For registrations published under the provisions of
section 12(c), at the end of 6 years following the date of
publication under such section.
``(3) For all registrations, at the end of each successive
10-year period following the date of registration.
``(b) During the 1-year period immediately preceding the end of the
applicable time period set forth in subsection (a), the owner of the
registration shall pay the prescribed fee and file in the Patent and
Trademark Office--
``(1) an affidavit setting forth those goods or services
recited in the registration on or in connection with which the
mark is in use in commerce and such number of specimens or
facsimiles showing current use of the mark as may be required
by the Commissioner; or
``(2) an affidavit setting forth those goods or services
recited in the registration on or in connection with which the
mark is not in use in commerce and showing that any such nonuse
is due to special circumstances which excuse such nonuse and is
not due to any intention to abandon the mark.
``(c) The owner of the registration may make the submissions
required by this section, or correct any deficiency in a timely filed
submission, within a grace period of 6 months after the end of the
applicable time period set forth in subsection (a). Such submission
must be accompanied by a surcharge prescribed therefor. If any
submission required by this section filed during the grace period is
deficient, the deficiency may be corrected within the time prescribed
after notification of the deficiency. Such submission must be
accompanied by a surcharge prescribed therefor.
``(d) Special notice of the requirement for affidavits under this
section shall be attached to each certificate of registration and
notice of publication under section 12(c).
``(e) The Commissioner shall notify any owner who files 1 of the
affidavits required by this section of the Commissioner's acceptance or
refusal thereof and, in the case of a refusal, the reasons therefor.
``(f) If the registrant is not domiciled in the United States, the
registrant shall designate by a written document filed in the Patent
and Trademark Office the name and address of some person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may be served
upon the person so designated by leaving with that person or mailing to
that person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found at
the address given in the last designation, such notice or process may
be served upon the Commissioner.''.
SEC. 6. RENEWAL OF REGISTRATION.
Section 9 of the Trademark Act of 1946 (15 U.S.C. 1059) is amended
to read as follows:
``renewal of registration
``Sec. 9. (a) Subject to the provisions of section 8, each
registration may be renewed for periods of 10 years at the end of each
successive 10-year period following the date of registration upon
payment of the prescribed fee and the filing of a written application,
in such form as may be prescribed by the Commissioner. Such application
may be made at any time within 1 year before the end of each successive
10-year period for which the registration was issued or renewed, or it
may be made within a grace period of 6 months after the end of each
successive 10-year period, upon payment of a fee and surcharge
prescribed therefor. If any application filed during the grace period
is deficient, the deficiency may be corrected within the time
prescribed after notification of the deficiency, upon payment of a
surcharge prescribed therefor.
``(b) If the Commissioner refuses to renew the registration, the
Commissioner shall notify the registrant of the Commissioner's refusal
and the reasons therefor.
``(c) If the registrant is not domiciled in the United States, the
registrant shall designate by a written document filed in the Patent
and Trademark Office the name and address of some person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark. Such notices or process may be served
upon the person so designated by leaving with that person or mailing to
that person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found at
the address given in the last designation, such notice or process may
be served upon the Commissioner.''.
SEC. 7. RECORDING ASSIGNMENT OF MARK.
Section 10 of the Trademark Act of 1946 (15 U.S.C. 1060) is amended
to read as follows:
``assignment
``Sec. 10. (a) A registered mark or a mark for which an application
to register has been filed shall be assignable with the good will of
the business in which the mark is used, or with that part of the good
will of the business connected with the use of and symbolized by the
mark. Notwithstanding the preceding sentence, no application to
register a mark under section 1(b) shall be assignable prior to the
filing of an amendment under section 1(c) to bring the application into
conformity with section 1(a) or the filing of the verified statement of
use under section 1(d), except for an assignment to a successor to the
business of the applicant, or portion thereof, to which the mark
pertains, if that business is ongoing and existing. In any assignment
authorized by this section, it shall not be necessary to include the
good will of the business connected with the use of and symbolized by
any other mark used in the business or by the name or style under which
the business is conducted. Assignments shall be by instruments in
writing duly executed. Acknowledgment shall be prima facie evidence of
the execution of an assignment, and when the prescribed information
reporting the assignment is recorded in the Patent and Trademark
Office, the record shall be prima facie evidence of execution. An
assignment shall be void against any subsequent purchaser for valuable
consideration without notice, unless the prescribed information
reporting the assignment is recorded in the Patent and Trademark Office
within 3 months after the date of the subsequent purchase or prior to
the subsequent purchase. The Patent and Trademark Office shall maintain
a record of information on assignments, in such form as may be
prescribed by the Commissioner.
``(b) An assignee not domiciled in the United States shall
designate by a written document filed in the Patent and Trademark
Office the name and address of some person resident in the United
States on whom may be served notices or process in proceedings
affecting the mark. Such notices or process may be served upon the
person so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last designation
so filed. If the person so designated cannot be found at the address
given in the last designation, such notice or process may be served
upon the Commissioner.''.
SEC. 8. INTERNATIONAL CONVENTIONS; COPY OF FOREIGN REGISTRATION.
Section 44 of the Trademark Act of 1946 (15 U.S.C. 1126) is
amended--
(1) in subsection (d)--
(A) by striking ``23, or 44(e) of this Act'' and
inserting ``or 23 of this Act or under subsection (e)
of this section''; and
(B) in paragraphs (3) and (4), by striking ``this
subsection (d)'' and inserting ``this subsection''; and
(2) in subsection (e), by striking the second sentence and
inserting the following: ``Such applicant shall submit, within
such time period as may be prescribed by the Commissioner, a
certification or a certified copy of the registration in the
country of origin of the applicant.''.
SEC. 9. MISCELLANEOUS AMENDMENTS.
(a) Cancellation of Functional Marks.--Section 14(3) of the
Trademark Act of 1946 (15 U.S.C. 1064(3)) is amended by inserting ``or
is functional,'' before ``or has been abandoned''.
(b) Incontestability Defenses.--Section 33(b) of the Trademark Act
of 1946 (15 U.S.C. 1115(b)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following:
``(8) That the mark is functional; or''.
(c) Remedies in Cases of Dilution of Famous Marks.--
(1) Injunctions.--(A) Section 34(a) of the Trademark Act of
1946 (15 U.S.C. 1116(a)) is amended in the first sentence by
striking ``section 43(a)'' and inserting ``subsection (a) or
(c) of section 43''.
(B) Section 43(c)(2) of the Trademark Act of 1946 (15
U.S.C. 1125(c)(2)) is amended in the first sentence by
inserting ``as set forth in section 34'' after ``relief''.
(2) Damages.--Section 35(a) of the Trademark Act of 1946
(15 U.S.C. 1117(a)) is amended in the first sentence by
striking ``or a violation under section 43(a),'' and inserting
``a violation under section 43(a), or a willful violation under
section 43(c),''.
(3) Destruction of articles.--Section 36 of the Trademark
Act of 1946 (15 U.S.C. 1118) is amended in the first sentence--
(A) by striking ``or a violation under section
43(a),'' and inserting ``a violation under section
43(a), or a willful violation under section 43(c),'';
and
(B) by inserting after ``in the case of a violation
of section 43(a)'' the following: ``or a willful
violation under section 43(c)''.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect--
(1) on the date that is 1 year after the date of the
enactment of this Act, or
(2) upon the entry into force of the Trademark Law Treaty
with respect to the United States,
whichever occurs first.
Passed the House of Representatives July 22, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Trademark Law Treaty Implementation Act - Amends the Trademark Act of 1946 to revise trademark registration requirements. Requires owners of trademarks and persons with bona fide intentions to use trademarks to include verifications attesting to the accuracy of facts in registration applications. Prohibits the registration of any trademark until the applicant has met certain existing requirements with respect to: (1) amending an application for a bona fide intention to use a trademark to conform to requirements for using a trademark in commerce if the applicant has made use of the trademark; and (2) verifying statements that a trademark is used in commerce. Exempts trademarks subject to certain international conventions from such requirements. Provides that failures to file extension requests for filing statements of use shall result in abandonment of registration applications unless shown to the satisfaction of the Commissioner of Patents and Trademarks that a delay was unintentional. Grants owners of registered trademarks a grace period to make certain affidavits in order to avoid early cancellations of registrations. Revises registration renewal requirements and extends the period in which a renewal may be filed to one year (currently, six months) before the end of each successive ten-year period for which the registration was issued or renewed. Extends the grace period for filing renewals for expired registrations from three to six months after the end of such ten-year period, with payment of a surcharge. Removes a requirement that an application for registration of a foreign trademark be accompanied by a certification or certified copy of the foreign registration. Requires the submission of such documents within such time period as the Commissioner prescribes. Adds: (1) functional trademarks to the list of trademarks which may be cancelled at any time; and (2) functionality to the list of defenses to infringement in cases involving incontestable registrations. Expands remedies for cases involving the willful dilution of famous trademarks to authorize the award of damages and the destruction of infringing articles for such violation. | {"src": "billsum_train", "title": "Trademark Law Treaty Implementation Act"} | 3,866 | 452 | 0.466262 | 1.568904 | 0.781675 | 2.115385 | 9.752747 | 0.818681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Cancer Diagnosis and
Treatment Act of 1994''.
SEC. 2. MEDICARE COVERAGE OF PROSTATE CANCER SCREENING AND CERTAIN DRUG
TREATMENTS.
(a) Coverage of Screening Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)), as amended by section 13553(a) of
the Omnibus Budget Reconciliation Act of 1993 (hereafter in
this Act referred to as ``OBRA-1993''), is amended--
(A) by striking ``and'' at the end of subparagraph
(P);
(B) by adding ``and'' at the end of subparagraph
(Q); and
(C) by adding at the end the following new
subparagraph:
``(R) prostate cancer screening services (as defined in
subsection (ll));''.
(2) Services described.--Section 1861 of such Act (42
U.S.C. 1395x) is amended--
(A) by redesignating the subsection (jj) inserted
by section 4156(a)(2) of the Omnibus Budget
Reconciliation Act of 1990 as subsection (kk); and
(B) by inserting after such subsection the
following new subsection:
``Prostate Cancer Screening Services
``(ll) The term `prostate cancer screening services' means the
following procedures provided to a man for the purpose of early
detection of prostate cancer:
``(1) Digital rectal examination.
``(2) Prostate-specific antigen blood test.
``(3) Transrectal ultrasonography.
``(4) Such other procedures as the Secretary may designate
as appropriate for early detection of prostate cancer.''.
(3) Payment amounts; limitations on frequency of
coverage.--Section 1834 of such Act (42 U.S.C. 1395m) is
amended by inserting after subsection (c) the following new
subsection:
``(d) Payment Amounts and Frequency Limits for Prostate Cancer
Screening Services.--
``(1) In general.--Notwithstanding any other provision of
this part, with respect to expenses incurred for prostate
cancer screening services (as defined in section 1861(ll))--
``(A) payment may be made only for services
provided consistent with the frequency permitted under
paragraph (2); and
``(B) the amount of the payment under this part
shall be equal to 80 percent of the lesser of the
actual charge for the service or--
``(i) in the case of a prostate cancer
screening service consisting of a prostate-
specific antigen blood test, the fee schedule
amount established for the service under
section 1833(h) (relating to payments for
clinical diagnostic laboratory tests); or
``(ii) in the case of any other prostate
cancer screening service, the amount provided
under the fee schedule established by the
Secretary under paragraph (3) (subject to the
deductible established under section 1833(b)).
``(2) Frequency covered.--
``(A) In general.--Subject to subparagraph (B) and
to revision by the Secretary under subparagraph (C), no
payment may be made under this part for a prostate
cancer screening service provided to an individual for
the purpose of early detection of prostate cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the service is provided within
the 11 months after a previous prostate cancer
screening service.
``(B) Exception for high risk individuals.--Payment
may be made under this part for a prostate cancer
screening service provided to an individual more
frequently than the limit established under
subparagraph (A)(ii) if the individual is at a high
risk of developing prostate cancer (as determined
pursuant to factors identified by the Secretary).
``(C) Revision by secretary.--
``(i) Review.--The Secretary, in
consultation with the Director of the National
Cancer Institute, shall review periodically the
appropriate frequency for performing prostate
cancer screening services based on age and such
other factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such services may
be paid for under this subsection, but no such
revision shall apply to services performed
before January 1, 1998.
``(3) Establishment of fee schedule.--
``(A) In general.--The Secretary shall establish
fee schedules (on such geographic basis as the
Secretary considers appropriate) for payment for
prostate cancer screening services under this part
(other than prostate-specific antigen blood tests),
effective for services furnished after the expiration
of the 90-day period beginning on the date the
Secretary establishes the fee schedules.
``(B) Factors considered.--In establishing fee
schedules under subparagraph (A), the Secretary shall
take into consideration variations in the cost of
furnishing such services among geographic areas and
among different sites where services are furnished,
together with such other factors as may be appropriate
to assure that payment amounts are equitable.
``(4) Limiting charges of nonparticipating physicians.--
``(A) In general.--In the case of a prostate cancer
screening service provided to an individual for the
purpose of early detection of prostate cancer for which
payment may be made under this part, if a
nonparticipating physician or supplier provides the
procedure to an individual enrolled under this part,
the physician or supplier 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).''.
(4) Conforming amendments.--(A) Paragraphs (1)(D) and
(2)(D) of section 1833(a) of such Act (42 U.S.C. 1395l(a)) are
each amended by striking ``subsection (h)(1),'' and inserting
``subsection (h)(1) or section 1834(d)(1)(B)(i),''.
(B) Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)),
as amended by section 13544(b)(2) of OBRA-1993, is amended--
(i) by striking ``and (P)'' and inserting ``(P)'';
and
(ii) by striking the semicolon at the end and
inserting the following: ``, and (Q) with respect to
prostate cancer screening services (as defined in
section 1861(ll)) (other than prostate-specific antigen
tests), the amounts paid shall be the amounts described
in section 1834(d)(1);''.
(C) Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is
amended--
(i) by striking ``and'' at the end of paragraph
(6);
(ii) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(iii) by adding at the end the following new
paragraph:
``(8) in the case of prostate cancer screening services (as
defined in section 1861(ll)) (other than prostate-specific
antigen tests), the amounts described in section 1834(d)(1).''.
(D) Section 1833(h)(1)(A) of such Act (42 U.S.C.
1395l(h)(1)(A)) is amended by striking ``The Secretary'' and
inserting ``Subject to section 1834(d), the Secretary''.
(E) Section 1861(s)(2)(O) of such Act (42 U.S.C.
1395x(s)(2)(O)) is amended by striking ``(jj)'' and inserting
``(kk)''.
(F) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is
amended--
(i) 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 prostate cancer screening services (as
defined in section 1861(ll)) provided for the purpose of early
detection of prostate cancer, which are performed more
frequently than is covered under section 1834(d)(2);''; and
(ii) in paragraph (7), by striking ``paragraph
(1)(B) or under paragraph (1)(F)'' and inserting
``subparagraphs (B), (F), or (G) of paragraph (1)''.
(b) Coverage of Certain Drug Treatments.--Section 1861(s)(2) of the
Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by subsection
(a)(1), is further amended--
(1) by striking ``and'' at the end of subparagraph (Q);
(2) by adding ``and'' at the end of subparagraph (R); and
(3) by adding at the end the following new subparagraph:
``(S) an oral drug prescribed for the treatment of prostate
cancer, if the use of the drug for such purpose is a medically
accepted indication under subsection (t)(2);''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 1995, without regard
to whether or not the Secretary has established fee schedules under
section 1834(d)(3) of the Social Security Act (as added by subsection
(a)(3)) or promulgated other regulations to carry out such amendments
by that date.
SEC. 3. COVERAGE OF PROSTATE CANCER SCREENING AND TREATMENT SERVICES
FOR VETERANS.
(a) Prostate Cancer Screening and Diagnosis Defined as Preventive
Health Service.--Section 1701(9) of title 38, United States Code is
amended--
(1) by redesignating subparagraphs (J) and (K) as
subparagraphs (K) and (L), respectively; and
(2) by inserting after subparagraph (I) the following new
subparagraph (J):
``(J) screening and diagnostic tests approved for prostate
cancer;''.
(b) Coverage of Prostate Cancer Screening and Treatment.--
(1) In general.--Chapter 17 of title 38, United States
Code, is amended by inserting after section 1724 a new section
as follows:
``Sec. 1725. Prostate cancer screening and treatment
``(a) The Secretary shall include in the medical services made
available to veterans under this chapter appropriate prostate cancer
screening, counseling, treatment, and information. Based on the best
available medical evidence, the Secretary shall develop and implement
an appropriate prostate cancer screening schedule for those veterans
confined to hospitals or other institutions.
``(b) For the purposes of this section--
``(1) appropriate prostate cancer screening means
procedures provided to a man for the purpose of early detection
of prostate cancer, including digital rectal examinations,
prostate-specific antigen blood tests, and transrectal
ultrasonography; and
``(2) appropriate prostate cancer treatment includes drugs
approved by the Food and Drug Administration for the treatment
of prostate cancer.
``(c) The Secretary may carry out research and research training in
the diagnosis and treatment of prostate cancer based upon the prostate
cancer services provided under this section and may develop guidelines
outlining effective treatment regimens for prostate cancer.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1724 the following new item:
``1725. Prostate cancer screening and treatment.''.
SEC. 4. RESEARCH AND EDUCATION REGARDING PROSTATE CANCER; CERTAIN
PROGRAMS OF PUBLIC HEALTH SERVICE.
(a) National Institutes of Health.--Section 417B(c) of the Public
Health Service Act (42 U.S.C. 286a-8(c)) is amended in the first
sentence by striking ``$72,000,000'' and all that follows and inserting
the following: ``$72,000,000 for fiscal year 1994, $86,000,000 for
fiscal year 1995, $100,000,000 for fiscal year 1996, and such sums as
may be necessary for each of the fiscal years 1997 and 1998.''.
(b) Agency for Health Care Policy and Research.--Section 902 of the
Public Health Service Act (42 U.S.C. 299a) is amended by adding at the
end the following subsection:
``(f) Activities Regarding Prostate Cancer.--The Administrator
shall, with respect to prostate cancer--
``(1) conduct and support research on the outcomes,
effectiveness, and appropriateness of health services and
procedures; and
``(2) in carrying out section 912(a), provide for the
development, periodic review, and updating of clinically
relevant guidelines, standards of quality, performance
measures, and medical review criteria.''. | Prostate Cancer Diagnosis and Treatment Act of 1994 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of specified prostate cancer screening services and certain drug treatments for such cancer. Requires the Secretary of Health and Human Services to establish fee schedules for such services.
Amends Federal law to cover such screening and treatment services for veterans as a preventive health service.
Amends the Public Health Service Act to authorize appropriations for certain public health programs related to prostate cancer research and education.
Directs the Administrator of the Agency for Health Care Policy and Research to: (1) conduct and support prostate cancer health services and screening and treatment procedures; and (2) provide for the development, periodic review, and updating of clinically relevant guidelines, standards of quality, performance measures, and medical review criteria. | {"src": "billsum_train", "title": "Prostate Cancer Diagnosis and Treatment Act of 1994"} | 3,029 | 177 | 0.610519 | 1.489567 | 0.720005 | 3.3375 | 16.425 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Security for America's
Families in Education Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many young adults experience symptoms of mental
illness. A 2006 survey by the American College Health
Association reports that nearly 15 percent of students in
college are diagnosed with depression. One in 4 adults
experience symptoms of mental illness in their lifetime,
according to the National Institute of Mental Health.
(2) The American College Health Association reported in a
2005 survey of college students that 11 percent of women and 9
percent of men have considered suicide. According to a study by
the Suicide Prevention Resource Center, suicide is the second
leading cause of death among college students.
(3) Many youth and young adults with mental illness are
exposed to bullying, harassment, maltreatment, and social
alienation by other students and adults, which can exacerbate
their conditions.
(4) In 2005, a national survey of Counseling Center
Directors reported a 14 percent increase in severe
psychological problems (including self-injury) among students
during the period from 2000 to 2005.
(5) According to a 2003 report by the Bureau of Justice
Statistics, out of the 7,700,000 college students in the United
States, 526,000 students experienced violent crimes (rape,
robbery, aggravated assault, and simple assault). A significant
percentage of students involved in violent crime may also have
symptoms of a diagnosable mental illness.
(6) Years of research findings have concluded that mental
health services provided by properly trained professionals can
be effective in the treatment of mental illness. Withholding
referrals and treatment, however, can be detrimental to the
recovery and prognosis of patients.
(7) Confidentiality is the cornerstone of the doctor-
patient relationship, but when there is a significant risk to
the health or safety of a student or others (including suicide,
homicide, or physical assault), it may serve the best interest
of the student to inform persons who can provide the necessary
help to protect the student, fellow students, and others.
(8) Common symptoms of mental illness include impaired
judgment, confusion, emotional disorders, social withdrawal,
and impulsivity, all of which limit a person's ability to make
rational decisions regarding their own care and treatment.
(9) Parents and legal guardians of a student may be in the
best position to supply essential help to a student suffering
from significant mental illness, by providing emotional
support, medical history, coordinating care with various mental
health and medical professionals, and long term follow-up.
(10) The Federal Government, in recognition of the value of
the parental role in the treatment of children, requires that a
parent must be involved in every level of the evaluation and
treatment decisions regarding a special needs child in a school
setting. However, the value of parental involvement should not
end when a student has attained 18 years of age.
(11) The Family Educational Rights and Privacy Act (FERPA)
of 1974 was originally intended to protect the confidentiality
of student grades and records. Exceptions in FERPA to the
confidentiality requirements permit the release of records ``in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or others.'' The unintended
consequence of FERPA, however, is that school personnel,
administrators, and teachers who have little or no training in
mental health and mental illness are burdened with defining and
determining if a student is at risk. These educational
personnel are reluctant to release information to parents for
fear of legal action. These issues create barriers and delays
for informing families even when schools are concerned that
students may be a risk to themselves or others.
(12) It is important, compassionate, and essential that
laws should facilitate, not inhibit, parent-child communication
that aids proper treatment for mental illness when deemed
appropriate.
SEC. 3. MENTAL HEALTH DISCLOSURES FOR STUDENT SAFETY.
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1232g) is amended by adding at the end the following new subsection:
``(k) Mental Health Disclosures for Student Safety.--
``(1) In general.--Notwithstanding any other provision of
this section or the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), and subject to paragraph (2), an educational
agency or institution of higher education may disclose, to a
parent or legal guardian of a student who is a dependent (as
defined in section 152 of the Internal Revenue Code of 1986),
information related to any conduct of, or expression by, such
student that demonstrates that the student poses a significant
risk of harm to himself or herself, or to others, including a
significant risk of suicide, homicide, or assault.
``(2) Certification by a licensed mental health
professional.--An educational agency or institution shall not
disclose any information under this subsection that is not
otherwise authorized to be disclosed under this section unless
the educational agency or institution--
``(A) with respect to the conduct of, or expression
by, a student described in paragraph (1), consults with
a mental health professional who--
``(i) is approved by the State in which the
educational agency or institution is located
and who is licensed by the appropriate entity
to provide mental health services and
treatment; and
``(ii) is acting in accordance with the
ethical and professional standards governing
such professional; and
``(B) obtains a written certification from such
professional that the professional has reason to
believe--
``(i) that such conduct of, or expression
by, the student demonstrates that the student
poses a significant risk of harm to himself or
herself, or to others, including a significant
risk of suicide, homicide, or assault; and
``(ii) the possession of the knowledge of
such information by the parent or legal
guardian of the student may protect the health
or safety of the student or other persons.
``(3) Dependent students.--Notwithstanding subsection (d),
an educational agency or institution of higher education may
disclose information to a parent or legal guardian of a student
who is a dependent (as defined in section 152 of the Internal
Revenue Code of 1986) for the purposes of and in accordance
with the requirements of this subsection, regardless of whether
the student has attained eighteen years of age, or is attending
an institution of postsecondary education.
``(4) Protection of educational agency or institution.--An
educational agency or institution that, in good faith,
discloses education records or other information (including
records described in clauses (ii) or (iv) of subsection
(a)(4)(B)) in accordance with the requirements of this
subsection shall not be liable to any person for that
disclosure.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to prohibit an educational agency or
institution from taking such other action as the agency or
institution determines to be necessary to protect the safety of
students.''. | Mental Health Security for America's Families in Education Act of 2007 - Amends the Family Educational Rights and Privacy Act of 1974 to allow an educational agency or institution of higher education to disclose to a parent or legal guardian of a student who is a dependent (as defined in the Internal Revenue Code) information related to any conduct of, or expression by, the student that demonstrates that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault.
Requires, for the disclosure of any such information not otherwise authorized to be disclosed: (1) consultation with an approved mental health professional; and (2) a written certification from such professional that the student poses a significant risk of harm to himself or herself or to others, including a significant risk of suicide, homicide, or assault and that possession of such information by the parent or legal guardian my protect the student's, or others', health or safety.
Permits disclosure under this Act as long as the student is a dependent, regardless of whether the student has attained 18 years of age or is attending an institution of postsecondary education. Provides protections of educational agencies and institutions from liability for disclosure. | {"src": "billsum_train", "title": "To permit educational agencies and institutions to disclose certain information to parents of students who may pose a significant risk to their own safety or well-being, or to the safety or well-being of others."} | 1,524 | 270 | 0.47845 | 1.541763 | 0.707784 | 5.204167 | 6.1875 | 0.954167 |
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