text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Product Safety Commission
Enhanced Enforcement Act''.
SEC. 2. COMMISSION PUBLIC INTEREST DETERMINATION WITH REGARD TO REPAIR,
REPLACEMENT, OR REFUND ACTIONS.
(a) Product Safety Amendment.--Section 15(d) of the Consumer
Product Safety Act (15 U.S.C. 2064(d)) is amended--
(1) by striking ``(d) If'' and inserting ``(d)(1) Except as
provided in paragraph (3), if'';
(2) by striking ``(1)'' and inserting ``(A) Conform or
repair.--'';
(3) by striking ``(2)'' and inserting ``(B) Replacement.--
'';
(4) by striking ``(3)'' and inserting ``(C) Refund.--'';
(5) by striking ``(A) at the time'' and inserting ``(i) at
the time'';
(6) by striking ``(B) at the time'' and inserting ``(ii) at
the time'';
(7) by striking ``An order'' the first place it appears and
inserting ``(2) An order'';
(8) by striking ``paragraph (3).'' and inserting
``paragraph (1)(C)''; and
(9) by adding at the end thereof the following:
``(3) If the Commission determines, after affording
opportunity for an informal hearing, that the action elected by
a manufacturer, distributor, or retailer under paragraph
(1)(A), (B), or (C) is not in the public interest, the
Commission shall order the manufacturer, distributor, or
retailer to take any other action described in paragraph that
the Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions for
election under paragraph (1) are in the public interest, then
the manufacturer, distributor, or retailer shall elect to take
one of those actions.''.
(b) Hazardous Substances Amendment.--Section 15(b) of the Federal
Hazardous Substances Act (15 U.S.C. 1274(b)) is amended--
(1) by striking ``Refund.--If'' and inserting ``Refund.--
Except as provided in paragraph (3), if'';
(2) by striking ``(1) If'' and inserting ``(A) Repair.--
If'';
(3) by striking ``(2)'' and inserting ``(B) Replacment.--
'';
(4) by striking ``(3)'' and inserting ``(C) Refund.--'';
(5) by redesignating subparagraphs (A) and (B) of paragraph
(3) as clauses (i) and (ii), respectively;
(6) by striking ``An order'' the first place it appears and
inserting ``(2) An order'';
(7) by striking ``paragraph (3).'' and inserting
``paragraph (1)(C)''; and
(8) by adding at the end thereof the following:
``(3) If the Commission determines, after affording
opportunity for an informal hearing, that the action elected by
a manufacturer, distributor, or retailer under paragraph
(1)(A), (B), or (C) is not in the public interest, the
Commission shall order the manufacturer, distributor, or
retailer to take any other action described in paragraph that
the Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions for
election under paragraph (1) are in the public interest, then
the manufacturer, distributor, or retailer shall elect to take
one of those actions.''.
(c) Discretionary Remedial Action Under the FHSA.--Section 1274(c)
of the Federal Hazardous Substances Act (15 U.S.C. 1274(c) is amended--
(1) by striking ``(2) If'' and inserting ``(2) Except as
provided in paragraph (3), if''; and
(2) adding at the end thereof the following:
``(3) If the Commission determines, after affording
opportunity for an informal hearing, that the action elected by
a manufacturer, distributor, or retailer under paragraph
(2)(A), (B), or (C) is not in the public interest, the
Commission shall order the manufacturer, distributor, or
retailer to take any other action described in paragraph that
the Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions for
election under paragraph (2) are in the public interest, then
the manufacturer, distributor, or retailer shall elect to take
one of those actions.''.
SEC. 3. CIVIL PENALTIES.
(a) Product Safety Civil Penalty.--
(1) Increase; removal of cap on penalty for continuing
offense.--Section 20(a)(1) of the Consumer Product Safety Act
(15 U.S.C. 2069(a)(1)) is amended--
(A) by striking ``$5,000'' and inserting
``$7,000'';
(B) by striking ``involved, except that the maximum
civil penalty shall not exceed $1,250,000 for any
related series of violations.'' and inserting
``involved.''; and
(C) by striking ``offense, except that the maximum
civil penalty shall not exceed $1,250,000 for any
related series of violations.'' and inserting
``offense.''.
(2) Conforming changes to inflation adjustment.--Section
20(a)(3) of that Act (15 U.S.C. 2069(a)(3)) is amended--
(A) by striking ``maximum penalty amounts'' in
subparagraph (A) and inserting ``penalty'';
(B) by striking ``December 1, 1994,'' in
subparagraph (B) and inserting ``December 1, 2005,'';
and
(C) by striking subparagraph (C) and inserting the
following:
``(C) The authorized penalty amount shall be
prescribed by increasing the amount in paragraph (1) by
the cost-of-living adjustment for the preceding five
years, rounded to the nearest $1,000.''.
(b) Hazardous Substances Civil Penalty.--
(1) Increase; removal of cap on penalty for continuing
violations.--Section 5(c)(1) of the Federal Hazardous
Substances Act (15 U.S.C. 1264(c)(1)) is amended--
(A) by striking ``$5,000'' and inserting
``$7,000'';
(B) by striking ``involved, except that the maximum
civil penalty shall not exceed $1,250,000 for any
related series of violations.'' and inserting
``involved.''; and
(C) by striking ``offense, except that the maximum
civil penalty shall not exceed $1,250,000 for any
related series of violations.'' and inserting
``offense.''.
(2) Conforming changes to inflation adjustment.--Section
5(c)(6) of that Act (15 U.S.C. 1264(c)(6)) is amended--
(A) by striking ``maximum penalty amounts'' in
subparagraph (A) and inserting ``penalty'';
(B) by striking ``December 1, 1994,'' in
subparagraph (B) and inserting ``December 1, 2005,'';
and
(C) by striking subparagraph (C) and inserting the
following:
``(C) The authorized penalty amount shall be
prescribed by increasing the amount in paragraph (1) by
the cost-of-living adjustment for the preceding five
years, rounded to the nearest $1,000.''.
SEC. 4. CRIMINAL PENALTIES.
(a) Product Safety Criminal Penalty.--Section 21 of the Consumer
Product Safety Act (15 U.S.C. 2070) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Knowing violations.--Any individual who knowingly
violates section 19 of this Act shall be fined under title 18,
United States Code, or be imprisoned not more than 1 year, or
both. Any organization (as defined in section 18 of title 18,
United States Code) that knowingly violates section 19 of this
Act shall be fined under title 18, United States Code.
``(2) Knowing and willful violations.--Any individual who
knowingly and willfully violates section 19 of this Act shall
be fined under title 18, United States Code, or be imprisoned
not more than 3 years, or both. Any organization (as defined in
section 18 of title 18, United States Code) that knowingly and
willfully violates section 19 of this Act shall be fined under
title 18, United States Code.'';
(2) by inserting ``Actions by directors, officers, and
agents.--; and
(3) by striking ``knowingly and willfully'' in subsection
(b).
(b) Hazardous Substances Criminal Penalty.--Section 5(a) of the
Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read
as follows:
``(a) In General.--
``(1) Knowing violations.--Any individual who knowingly
violates section 4 of this Act shall be fined under title 18,
United States Code, or be imprisoned not more than 1 year, or
both. Any organization (as defined in section 18 of title 18,
United States Code) that knowingly violates section 4 of this
Act shall be fined under title 18, United States Code.
``(2) Knowing and willful violations; repeat offenders.--
Any individual who knowingly and willfully violates section 4
of this Act shall be fined under title 18, United States Code,
or be imprisoned not more than 3 years, or both. Any
organization (as defined in section 18 of title 18, United
States Code) that knowingly and willfully violates section 4 of
this Act shall be fined under title 18, United States Code. If
an individual or organization commits a second or subsequent
violation of section 4 of this Act, then that second or
subsequent violation is deemed to be a knowing and willful
violation.''.
|
Revises civil and criminal penalties, including removing the existing cap on the maximum civil penalty that can be assessed to companies that market products in violation of federal consumer product safety regulations.
|
{"src": "billsum_train", "title": "Consumer Product Safety Commission Enhanced Enforcement Act"}
| 2,315 | 38 | 0.410281 | 0.894383 | -0.188362 | 1.176471 | 61.205882 | 0.705882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Gabriel Basin Water Quality
Initiative''.
SEC. 2. SAN GABRIEL BASIN RESTORATION.
(a) San Gabriel Basin Restoration.--
(1) Establishment of fund.--There shall be established
within the Treasury of the United States an interest bearing
account to be known as the San Gabriel Basin Restoration Fund
(in this section referred to as the ``Restoration Fund'').
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary of the Army, acting through the
Chief of Engineers (in this Act referred to as the
``Secretary''). The Secretary shall administer the Fund in
cooperation with the San Gabriel Basin Water Quality Authority,
or its successor agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Restoration Fund, including interest
accrued, shall be utilized by the Secretary--
(i) to design and construct water quality
projects to be administered by the San Gabriel
Basin Water Quality Authority and the Central
Basin Water Quality Project to be administered
by the Central Basin Municipal Water District;
and
(ii) to operate and maintain any project
constructed under this section for such period
as the Secretary determines, but not to exceed
10 years, following the initial date of
operation of the project.
(B) Cost-sharing limitation.--The Secretary may not
obligate any funds appropriated to the Restoration Fund
in a fiscal year until the Secretary has deposited in the Fund an
amount provided by non-Federal interests sufficient to ensure that at
least 35 percent of any funds obligated by the Secretary are from funds
provided to the Secretary by the non-Federal interests. The San Gabriel
Basin Water Quality Authority shall be responsible for providing the
non-Federal amount required by the preceding sentence. The State of
California, local government agencies, and private entities may provide
all or any portion of such amount.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate the cleanup and protection
of the San Gabriel and Central groundwater basins. In carrying out the
activities described in this section, the Secretary shall integrate
such activities with ongoing Federal and State projects and activities.
None of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
SEC. 3. PERCHLORATE.
(a) In General.--The Secretary, in cooperation with Federal, State,
and local government agencies, is authorized to participate in studies
and other investigative activities and in the planning and design of
projects determined by the Secretary to offer a long-term solution to
the problem of groundwater contamination caused by perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon River watersheds in Texas to
assess the impact of the perchlorate associated with the former
Naval ``Weapons Industrial Reserve Plant'' at McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources
of perchlorates and that are located in the city of Santa
Clarita, California.
(c) Authorization of Appropriations.--For the purposes of carrying
out the activities authorized in this section, there is authorized to
be appropriated to the Secretary $25,000,000, of which not to exceed
$8,000,000 shall be available to carry out subsection (b)(1), not to
exceed $3,000,000 shall be available to carry out subsection (b)(2),
and not to exceed $7,000,000 shall be available to carry out subsection
(b)(3).
Passed the House of Representatives March 28, 2000.
Attest:
JEFF TRANDAHL,
Clerk.
|
Prohibits the Secretary from obligating any funds appropriated to the Restoration Fund in a fiscal year until the Secretary has deposited in such fund an amount provided by non-Federal interests sufficient to ensure that at least 35 percent of any funds obligated by the Secretary are from funds provided by such interests. Makes the San Gabriel Basin Water Quality Authority responsible for providing such amount. Permits the State of California, local government agencies, and private entities to provide all or any portion of such amount.
Authorizes appropriations. Provides that no more than $10 million of such authorization shall be available to carry out such project.
Authorizes the Secretary, in cooperation with Federal, State, and local government agencies, to participate in studies and other investigative activities and in the planning and design of projects which offer a long- term solution to the problem of groundwater contamination caused by perchlorates.
Directs the Secretary, under such study: (1) in coordination with other Federal agencies and the Brazos River Authority, to participate in investigations and projects in the Bosque and Leon River watersheds in Texas to assess the impact of the perchlorate associated with the former Naval "Weapons Industrial Reserve Plant" at McGregor, Texas; (2) in coordination with other Federal agencies and the Northeast Texas Municipal Water District, to participate in investigations and projects relating to perchlorate contamination in Caddo Lake, Texas; and (3) in coordination with other Federal, State, and local government agencies, to participate in investigations and projects related to sites that are sources of perchlorates and that are located in Santa Clarita, California. Authorizes appropriations for such study, of which not more than separate, specified amounts shall be available to carry out each such set of investigations and projects under such study.
|
{"src": "billsum_train", "title": "San Gabriel Basin Water Quality Initiative"}
| 1,085 | 382 | 0.560836 | 1.874364 | 0.819368 | 5.783784 | 2.966967 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overdraft Fee Notification Act''.
SEC. 2. NOTIFICATION OF OVERDRAFT FEE.
(a) In General.--Section 905 of the Electronic Fund Transfer Act
(15 U.S.C. 1693c) is amended by adding at the end the following new
subsection:
``(d) Notification of Overdraft Fee for In-Person, Automated,
Telephonic, and Internet-Based Transactions.--
``(1) In general.--In the case of any financial institution
that provides any overdraft protection service to any consumer
on a flat, per-transaction basis in connection with a
withdrawal from or debit of the consumer's account at the
financial institution in a transaction described in paragraph
(2) that would result in an overdraft of such consumer account,
no fee or charge may be imposed for such overdraft protection
service unless the notice required by this subsection has been
provided to the consumer, in the manner required under this
subsection, before the completion of the transaction that would
result in an overdraft.
``(2) Scope of application.--Paragraph (1) shall apply to
any withdrawal from or debit of a consumer's account at a
financial institution in a transaction initiated by the
consumer as an electronic fund transfer or in person at a
branch of the financial institution staffed by employees of the
financial institution.
``(3) Automated teller machine transactions.--In the case
of any electronic fund transfer initiated by a consumer at any
automated teller machine, whether or not such machine is
maintained by the financial institution that holds the account
of the consumer initiating the transaction, the following
disclosure rules shall apply:
``(A) Balance requests.--
``(i) In general.--In the case of a request
by the consumer at the automated teller machine
for balance information, the display provided
on the machine shall provide such information
in a manner that differentiates between--
``(I) the funds available in the
account that are attributable to
deposits by or on behalf of the
consumer; and
``(II) funds available to the
customer from the institution in
connection with an overdraft protection
service.
``(ii) Overdraft protection service fee
amount.--On the same screen of the automated
teller machine referred to in clause (i), the
display shall provide information on any fee
that would be imposed for the provision of any
overdraft protection service provided in
connection with the transaction.
``(B) Withdrawal or transfer.--In the case of a
request by the consumer at the automated teller machine
to initiate an electronic fund transfer that can be
completed only if an overdraft protection service is
provided to the consumer, the display provided on the
machine shall provide the following notice, with the
blanks filled in appropriately, and the option for the
consumer to accept or decline the service:
`This request exceeds your funds available and will
result in an overdraft of $__ and the imposition of a
fee from your financial institution of $__. To accept
this fee and continue with your transaction, press
``ACCEPT''. To terminate this transaction, press
``DECLINE''.'.
``(4) Automated point of sale transaction.--In the case of
any electronic fund transfer initiated by a consumer at any
automated point-of-sale machine that can be completed only if
an overdraft protection service is provided to the consumer for
a fee, the following disclosure rules shall apply to the extent
a screen operated in conjunction with the machine is available
to the consumer for effectuating the transaction:
``(A) Notice of overdraft.--The display provided on
the machine shall provide the following notice and the
option for the consumer to continue or discontinue the
transaction:
`Transaction will result in an overdraft of $__. To
continue with your transaction, press ``CONTINUE''. To
terminate this transaction, press ``NO''.'.
``(B) Notice of fee.--If the consumer referred to
in subparagraph (A) continues with the transaction, the
display provided on the machine shall provide the
following notice and the option for the consumer to
accept or decline the fee:
`A fee of $__ will be imposed for the overdraft. To
accept this fee and continue with your transaction,
press ``ACCEPT''. To terminate this transaction, press
``DECLINE''.'.
``(5) In-person and telephonic transactions.--In the case
of any fund transfer or withdrawal initiated by a consumer in
person at a branch of the financial institution staffed by
employees of the financial institution or verbally over the
telephone, the following disclosure requirements shall apply:
``(A) Balance requests.--If, in the course of the
transaction, the amount of the balance in the
consumer's account is mentioned or requested, the
customer shall be made aware verbally of any
distinction between--
``(i) the funds available in the account
that are attributable to deposits by or on
behalf of the consumer; and
``(ii) funds available to the customer from
the institution in connection with an overdraft
protection service.
``(B) Overdraft protection service fee amount.--If
the consummation of the withdrawal or fund transfer
transaction would result in the imposition of an
overdraft protection service fee on the account of the
consumer, the consumer shall promptly be informed of
such fact and the amount of the fee before the
transaction is final.
``(6) Internet and other electronic terminal
transactions.--In the case of any electronic fund transfer
initiated by the consumer at any electronic terminal or
computer, other than an automated teller machine or automated
point-of-sale machine meeting the requirements of paragraph (3)
or (4), that can be completed only if an overdraft protection
service is provided to the consumer for a fee, the display
provided on the terminal or computer shall provide the
following notice and the option for the consumer to accept or
decline the fee:
`This request exceeds your funds available and will result in
an overdraft of $__ and the imposition of a fee from your
financial institution of $__. To accept this fee and continue
with your transaction, press ``ACCEPT''. To terminate this
transaction, press ``DECLINE''.'.
``(7) Definitions.--For purposes of this subsection and
section 906(c)(5), the following definitions shall apply:
``(A) Annual percentage rate.--The term `annual
percentage rate' means the rate of interest determined
in the manner provided in section 108 and regulations
prescribed by the Board under such section.
``(B) Overdraft protection service.--The term
`overdraft protection service' means any service
provided by a financial institution holding the account
of any consumer pursuant to which any debit against the
account is paid by the financial institution even
though there are insufficient funds in the account to
cover the amount of the debit, however such payment is
accomplished, including through the use of overdraft
lines of credit, linked accounts, or any overdraft
protection program for which the financial institution
has not complied with the disclosure requirements under
the Truth in Lending Act and regulations prescribed
under such Act.''.
(b) Information Required in Periodic Statement.--Section 906(c) of
the Electronic Fund Transfer Act (15 U.S.C. 1693d(c)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) with respect to each case in which the financial
institution was required to provide notice to a customer under
any paragraph of section 905(d) of the imposition of an
overdraft fee and the amount of the fee during the period
covered by the periodic statement, a written statement of the
annual percentage rate which the fee represents with respect to
the amount of the overdraft in type no smaller than other
required disclosures under this subsection, but not less than
8-point type, and in the following form:
`Overdraft Fee Annual Percentage Rate Notice: The overdraft fee
resulting from your transaction dated ___ is equal to an Annual
Percentage Rate of __% on your overdraft balance of $___.'.''.
|
Overdraft Fee Notification Act - Amends the Electronic Fund Transfer Act to prohibit a financial institution from imposing a fee or charge for overdraft protection service unless it has disclosed such charge to the consumer before the completion of the transaction that would result in an overdraft.
Sets forth disclosure requirements.
Requires such an institution to disclose in periodic statements to the consumer the annual percentage rate which the overdraft fee represents.
|
{"src": "billsum_train", "title": "To amend the Electronic Fund Transfer Act to require notice to the consumer before any fee may be imposed by a financial institution in connection with any transaction for any overdraft protection service provided with respect to such transaction, and for other purposes."}
| 1,871 | 96 | 0.626348 | 1.613093 | 1.107861 | 3 | 22.584416 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Government Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the consent and participation of citizens in their
government is a fundamental principle of our Constitution;
(2) it is critical to the survival and advancement of our
constitutional form of government and to the welfare of our
Nation that the citizens of this country be convinced that
their government is one of the people, by the people and for
the people;
(3) ensuring responsible public service requires that no
individuals be permitted to use an elected office or public
employment for personal gain or for the advancement of the
interests of a foreign governments, foreign corporations, and
special interests;
(4) to ensure public confidence, government should, within
the bounds of the constitutional requirements of separation of
powers, establish proper bounds of conduct and accountability
for all government officials, whether elected or employed;
(5) the creation of a code of ethics and conduct which is
uniform and harmonized for all legislative and executive branch
officials and personnel will enhance public confidence in their
government.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To ensure the integrity of the Federal Government and
its officials and employees and to restore public confidence in
the performance and merits of the elected officials, any person
who has served as President, Vice President, Chief of Staff, or
senior adviser on the staff of the White House, the head of an
executive department or of an independent agency within the
executive branch with regulatory or rulemaking
responsibilities, a top political appointee, the Chairman of
the Federal Reserve Board, Trade Representative or Chief
International Trade Negotiator, or otherwise been substantially
involved in international trade negotiations, or has been
elected or appointed to serve as a Senator or Representative or
a Delegate to either House of Congress will be prohibited from
representing for pay any foreign government or any corporation
or company which is not registered, incorporated, or certified
for its legal status according to United States law.
(2) To eliminate a perception that individuals enter or
engage in public service for future private gain, any person
who has served in any capacity in the executive or legislative
branches or any position in any of the military services will
be prohibited from accepting employment to represent the
interests of any foreign government or foreign registered or
based company or corporation from lobbying the United States
Government in any capacity including that of attorney at law or
in fact for at least 2 years immediately after leaving the
Federal Government.
(3) To eliminate a perception that special interest groups
or potential employers or political benefactors have undue
influence within the executive or legislative branch
operations, any person who has been employed in either branch
of government will be prohibited from contacting, lobbying, or
representing any interest except his own before the executive
agency in which that person served or before the office,
committee, or agency of Congress in which such person served if
the person served as an official or employee of the legislative
branch for a period of five years.
(4) To ensure that there is appropriate public information
concerning any potential conflicts of interests and to protect
persons in public life from rumor and unfair accusations,
require all senior level executive and legislative officials
and employees will be required to file financial disclosure
forms which will be a matter of public record.
SEC. 4. FOREIGN AGENTS REGISTRATION ACT OF 1938.
(a) In General.--Section 1(c)(1) of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 611(c)(1)) is amended by--
(1) striking ``or'' after the semicolon in clause (iii);
(2) striking ``and'' after the semicolon in clause (iv) and
inserting ``or''; and
(3) adding after clause (iv) the following:
``(v) within the United States makes oral or
written contact with a legislative or executive branch
official which is directed toward formulation,
modification, or adoption of Federal legislation,
including--
``(I) legislative proposals or the approval
or disapproval of international treaties or
agreements;
``(II) formulation, modification, or
adoption of a Federal rule, regulation,
administrative or Executive order, or any
program, policy, or official position of any
agency, bureau, or office of the United States
Government except in the case of written
comments filed in a public docket and other
communications that are made on the record in a
public proceeding or are filed of record or
made in the course of a hearing before a
judicial officer in a judicial or
administrative proceeding; and
``(III) the administration, execution, or
enforcement of any Federal program or policy
(including the negotiation, award, or
administration of a Federal contract, grant,
loan, permit or license),
except for oral or written contact made--
``(aa) by representatives of a
media organization who are primarily
engaged in gathering and disseminating
news and information to the public;
``(bb) in a speech, article, or
other publication or through the media;
``(cc) in the course of actual
representation of a client in pending
administrative or legal proceedings
before an executive hearing official or
judicial officer or judge;
``(dd) in testimony given before a
committee, subcommittee, or office of
Congress or submitted for inclusion in
the public record of a hearing
conducted by such committee,
subcommittee, or office or given in an
administrative hearing or judicial
proceeding; or
``(ee) to agency officials with
regard to judicial proceedings,
criminal or civil enforcement
inquiries, investigations, or
proceedings or filings required by
statute or regulations; and''.
(b) Judicial Proceedings.--Section 3(g) of such Act (22 U.S.C.
613(g)) is amended by inserting after ``principal'' the following: ``in
any existing proceeding or criminal or civil law enforcement inquiry or
investigation''.
SEC. 5. RESTRICTIONS ON REPRESENTING FOREIGN PRINCIPALS.
(a) Permanent Restrictions.--Section 207(f) of title 18, United
States Code, is amended by striking paragraph (2) and inserting the
following:
``(2) Permanent restrictions.--(A) Any person who is an
officer or employee described in subparagraph (B) and who,
after his or her service or employment with the United States
terminates, knowingly--
``(i) represents a foreign principal before any
officer or employee of the United States with the
intent to influence a decision of such officer or
employee in carrying out his or her official duties, or
``(ii) aids or advises a foreign principal with the
intent to influence a decision of any officer or
employee of the United States in carrying out his or
her official duties,
shall be punished as provided in section 216 of this title.
``(B) The officers and employees subject to the
restrictions set forth in subparagraph (A) are--
``(i) the President;
``(ii) any person who is subject to the
restrictions contained in subsection (c) or (d); and
``(iii) any officer or employee of the executive or
legislative branch--
``(I) who personally and substantially
participates in any trade negotiation or treaty
negotiation (as such terms are defined in
subsection (b)(2)) on behalf of the United
States, or
``(II) who has access to information which
concerns such a trade negotiation or treaty
negotiation, which is exempt from disclosure,
as designated by the appropriate department or
agency, under section 552 of title 5, and which
such officer or employee knew or should have
known was so designated; and
``(iv) a Member of Congress.
``(3) Definitions.--For purposes of this subsection--
``(A) the term `foreign entity' means the
government of a foreign country as defined in section
1(e) of the Foreign Agents Registration Act of 1938 or
a foreign political party as defined in section 1(f) of
that Act; and
``(B) the term `foreign principal' has the meaning
given that term in section 1(b) of the Foreign Agents
Registration Act of 1938.''.
(b) Two-Year Restriction.--Section 207(f) of title 18, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Two-year restriction.--Any person who is an officer
or employee (including any special Government employee) of the
executive branch of the United States (including any
independent agency), of the District of Columbia, or a Member,
officer, or employee of the Congress and who knowingly, within
2 years after leaving his or her position, office, or
employment--
``(A) represents a foreign entity before any
officer or employee of any department or agency of the
United States with the intent to influence a decision
of such officer or employee in carrying out his or her
official duties; or
``(B) aids or advises a foreign entity with the
intent to influence a decision of any officer or
employee of any department or agency of the United
States, in carrying out his or her official duties,
shall be punished as provided in section 216 of this title.''.
(c) Effective Date.--The restrictions contained in section 207(f)
of title 18, United States Code, as added by subsections (a) and (b) of
this section--
(1) shall apply only to persons whose service as officers
or employees of the Government, or as Members of Congress,
described in subsections (a) and (b) terminates on or after the
date of the enactment of this Act; and
(2) in the case of officers, employees, and Members of
Congress described in section 207(f)(2)(B)(ii) of title 18,
United States Code (as added by subsection (a)), shall apply
only with respect to participation in trade negotiations or
treaty negotiations, and with respect to access to information,
occurring on or after such date of enactment.
SEC. 6. FIVE-YEAR BAN ON ANY LOBBYING.
Section 207 of title 18, United States Code, is amended--
(1) in subsection (a)(2) by--
(A) striking ``Two-year'' in the caption and
inserting ``Five-year''; and
(B) striking ``2 years'' and inserting ``5 years'';
(2) in subsection (b)(1) by--
(A) striking ``One-year'' in the caption and
inserting ``Five-year'';
(B) striking ``1-year'' and inserting ``5-year'';
and
(C) striking ``1 year'' and inserting ``5 years'';
(3) in subsection (c)--
(A) by striking ``One-Year'' in the caption and
inserting ``Five-Year''; and
(B) in paragraph (1) by striking ``one year after''
and inserting ``five years after'';
(4) in subsection (d)(1) by striking ``1 year'' and
inserting ``5 years''; and
(5) in subsection (e) by striking ``1 year after'' each
place it appears and inserting ``5 years after''.
SEC. 7. BROADEN COVERAGE OF DISCLOSURE REQUIREMENTS.
(a) Executive Branch.--Section 101(f)(3) of the Ethics in
Government Act of 1978 is amended by--
(1) striking ``above GS-15'' and inserting ``at or above
GS-14''; and
(2) striking ``120 percent of the minimum rate of basic pay
payable for GS-15'' and inserting ``the minimum rate of basic
pay payable for GS-14''.
(b) Military--Section 101(f)(3) of the Ethics in Government Act of
1978 (5 U.S.C. App. 6) is amended by inserting before ``; and'' the
following: ``any commissioned officer in the Armed Forces who is
serving on the staff of a general or flag officer''.
(c) Legislative Branch.--Section 109(13) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 6) is amended--
(1) in subparagraph (B)(i) by striking ``GS-16'' and
inserting ``GS-14''; and
(2) by striking subparagraph (B)(ii) and inserting the
following:
``(ii) each majority and minority Chief of Staff,
Legislative Director, Administrative Assistant, Chief
Counsel, and Legal Counsel of a Member, committee, or
subcommittee, and each majority and minority clerk of a
committee, or any person serving in a substantially
similar position.''.
SEC. 8. FORFEITURES OF ANNUITY OR RETIRED PAY.
Section 8312 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``or'' after the
semicolon;
(B) in paragraph (2) by striking the period and
inserting ``; or''; and
(C) adding at the end of paragraph (2) the
following:
``(3) was convicted before, on, or after the date of
enactment of the Responsible Government Act of 1993, of an
offense named by subsection (d) of this section, to the extent
provided by that subsection.'';
(2) in subsection (a)--
(A) in subparagraph (A) by striking ``and'' after
the semicolon;
(B) in subparagraph (B) by striking the period and
inserting ``; and''; and
(C) by adding after subparagraph (B) the following:
``(C) with respect to offenses named by subsection
(d), to the period after the date of conviction or
after the date of enactment of the Responsible
Government Act of 1993, whichever is later.''; and
(3) by adding at the end thereof the following:
``(d)(1) Subsection (a) of this section applies to an individual
convicted before, on, or after the date of enactment of the Responsible
Government Act of 1993 of an offense described in paragraph (2).
``(2) The offense referred to in paragraph (1) is a criminal
offense involving an individual subject to this section who--
``(A) acts as a foreign agent--
``(i) without registering; or
``(ii) without filing a financial disclosure form,
as required by Federal law; or
``(B) acts as a foreign agent and files a false financial
disclosure form in violation of Federal law.''.
|
Responsible Government Act of 1993 - Amends the Foreign Agents Registration Act of 1938 (FARA) to subject to registration and other FARA requirements foreign agents seeking to influence Federal legislation, executive rulemaking, or the administration of any Federal program or policy through outside contracts with legislative or executive branch officials. Modifies the registration exemption under FARA pertaining to legal representation of disclosed foreign principals.
Amends the Federal criminal code to permanently ban former senior executive and legislative branch officials, including former Presidents, Vice Presidents, and Members of Congress, as well as senior military officers, from representing or advising foreign principals. Modifies and extends to : (1) two years the current one-year lobbying ban on representing and advising foreign entities; and (2) five years the current ban on all other lobbying activities (other than those involving the personal and substantial participation of the officer or employee involved, which remain permanently banned) involving former officers and employees of the executive and legislative branches and the District of Columbia, Vice Presidents, and Members of Congress.
Amends the Ethics in Government Act of 1978 to subject additional executive and legislative branch personnel to financial disclosure requirements under that Act.
Provides for forfeiture of Federal retirement benefits for violating requirements for registration as a foreign agent and related financial disclosures.
|
{"src": "billsum_train", "title": "Responsible Government Act of 1993"}
| 3,269 | 272 | 0.576514 | 1.765663 | 0.794354 | 2.096774 | 12.487903 | 0.814516 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East;
(2) all Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country;
(3) all Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy;
(4) in 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial;
(5) the United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin; and
(6) the surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2006''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2006.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(d) 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. DISTRIBUTION OF SURCHARGES.
(a) In General.--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 Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of the American Veterans' Disabled for Life
Memorial in Washington, D.C.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (a).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit
Insurance Corporation or the National Credit Union
Administration Board.
Passed the Senate October 11, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary.
|
American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar silver coins in commemoration of disabled American veterans, which shall be emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial.
Requires: (1) all sales of the coins to include a ten dollar per coin surcharge; and (2) the surcharges received to be paid to the Foundation to establish an endowment to support the construction of an American Veterans' Disabled for Life Memorial in Washington, D.C.
|
{"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States."}
| 1,353 | 139 | 0.588643 | 1.668824 | 0.729448 | 4.433628 | 10.716814 | 0.946903 |
SECTION l. SHORT TITLE.
This Act may be cited as the ``Freedom of Access to Clinic
Entrances Act of 1993''.
SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to reproductive health services
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Reproductive health services.--The term `reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to reproductive health services.''.
Passed the House of Representatives November 18, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
|
Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies.
|
{"src": "billsum_train", "title": "Freedom of Access to Clinic Entrances Act of 1993"}
| 1,233 | 399 | 0.660802 | 2.207978 | 0.940715 | 4.991597 | 3.140056 | 0.929972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Chafee Foster Care
Independence Program Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2002, 19,500 youth ``aged out'' of the foster care
system.
(2) In 1999, Congress passed historic legislation to
promote the self-sufficiency of emancipated foster youth in the
transition to adulthood via the John H. Chafee Foster Care
Independence Program (Public Law 106-169).
(3) Assistance provided through the John H. Chafee Foster
Care Independence Program to children aging out of foster care
is particularly necessary in light of recent studies
documenting that familial assistance is key to the successful
transition to adulthood. Research indicates that parents are a
primary resource for young adults, providing social and
employment connections, paying for college, and giving direct
material support for food, housing, and education. For example,
parents contribute $2,200 annually to youth between the ages of
18 and 34 inclusive.
(4) Emancipated foster care youth are a particularly
vulnerable population. Studies indicate that these youth
experience a range of negative outcomes, including low
employment earnings, poor educational achievement,
homelessness, and high public assistance. Moreover, 30 percent
to 40 percent of youth in foster care are affected by chronic
medical problems.
(5) After enactment of the John H. Chafee Foster Care
Independence Program, the Government Accountability Office
(GAO) found that 40 States reported great increases in
independent living services, more than doubling service
provision in many States.
(6) Unfortunately, child welfare experts and the GAO have
identified weaknesses in the implementation of the Chafee
program, including the following:
(A) Findings by the GAO that gaps exist in the
availability of critical services in the areas of
mental health, mentoring, and housing. For example,
differing eligibility requirements for juvenile and
adult mental health systems resulted in many former
foster youth losing access to important therapy and
treatment.
(B) Findings by the GAO that eligible services
within and across States vary greatly. Within States,
discrepancies in service availability appear due in
part to geographic location (such as in urban areas
versus rural areas) and to differing levels of
awareness among state and local agencies regarding
potential resources. Approximately \1/3\ of responding
States reported that they were servicing less than half
of eligible foster youth. Similarly, although 31 States
provide Medicaid coverage to at least some emancipated
youth, the percentage of former foster care youth who
are eligible varied among States, from 10 percent to
100 percent.
(C) Findings by the GAO indicating that little
information exists to assess the effectiveness of
independent living services. For instance--
(i) the Child and Family Services Review
used to evaluate States child welfare systems
fails to measure services related to former
foster care youth sufficiently;
(ii) the Child and Family Services Plan
(CFSP) significantly lacks usable program
information related to independent living
services; and
(iii) the Department of Health and Human
Services has failed to implement the National
Youth in Transition Database to monitor States
performance related to youth aging out of the
foster care system, as required by the Foster
Care Independence Act of 1999.
(D) Empirical research indicating that children in
kinship care receive fewer important independent living
services compared to children in foster care who are
not living with relatives, particularly in the areas of
employment, housing, financial management, and health/
behavioral health. This finding is particularly of
concern given that children of color are over-
represented in kinship care situations.
SEC. 3. IMPROVING AWARENESS OF AVAILABLE SERVICES.
(a) Duties of the Secretary.--Section 477 of the Social Security
Act (42 U.S.C. 677) is amended by adding at the end the following:
``(j) Distribution of Information About Other Related Programs.--To
improve access to the array of services available to youth
transitioning out of foster care and assist States in leveraging
available resources, the Secretary shall provide for the efficient
distribution (through such outlets as the National Resource Center for
Youth Development) to States and local areas of information about
Federal programs, other than the program established by this section,
that may assist youth in their transition to self-sufficiency and
provide guidance on how to access services under the programs.''.
(b) Duties of the State.--Section 477(b)(3) of such Act (42 U.S.C.
677(b)(3)) is amended--
(1) by redesignating subparagraphs (H) through (J) as
subparagraphs (I) through (K), respectively; and
(2) by inserting after subparagraph (F) the following:
``(G) A certification by the chief executive officer that,
when or before a child leaves foster care under the
responsibility of the State, the State will inform the child of
the full range of available financial, housing, counseling,
employment, and education services, and other appropriate
support and services for which the child is eligible.''.
SEC. 4. DEVELOPING COMMON STANDARDS FOR FOSTER CARE.
Section 477 of the Social Security Act (42 U.S.C. 677), as amended
by section 3(a) of this Act, is amended by adding at the end the
following:
``(k) Developing Common Standards for Foster Care.--To improve the
ability of the Department of Health and Human Services to monitor the
implementation by States of the John H. Chafee Foster Care Independence
Program, the Secretary of Health and Human Services shall develop a
standard reporting format for State Child and Family Service plans and
progress reports and implement a uniform process regional offices can
use to assess States progress in meeting the needs of youth in foster
care and those recently emancipated from foster care. The format shall
be developed to promote appropriate delivery of independent living
services, by requiring the reporting of information on the following:
``(1) Availability of services within various geographic
areas in States and foster care placement settings (such as
kinship care, group home, and non-kin foster care) to ensure
equitable service provision.
``(2) Clear delineation of various support services for
youth formerly in foster care, including but not limited to:
health care, mental health care, housing, employment,
assistance in obtaining a high school diploma, career
exploration, vocational training, job placement and retention,
access and transition to higher education programs, training in
daily living skills, training in budgeting and financial
management skills, substance abuse prevention, and preventive
health activities.
``(3) Transition services offered to youth in foster care
and to young adults who have left foster care but have not
attained 21 years of age, broken down by type of service and
the age at which the services are offered.
``(4) Methods used by the State to ensure that youth are
informed of all support and services for which they are
eligible.''.
SEC. 5. MODIFICATION OF CASE PLAN REQUIREMENTS.
Section 475(1)(D) of the Social Security Act (42 U.S.C. 675(1)(D))
is amended to read as follows:
``(D) Where appropriate, for a child who has
attained 14 years of age (and, at State option, any
other child), a written description of the programs and
services that will facilitate the transition of the
child from foster care to independent living, including
a discussion of the appropriateness of the services
that have been provided to the child under the plan.
The plan for these youth shall also include
documentation of the steps the agency is taking to find
a permanent placement with a family or other adult
connection for the youth.''.
SEC. 6. EXPANSION OF PROGRAM EVALUATIONS.
Section 477(g)(1) of the Social Security Act (42 U.S.C. 677(g)(1))
is amended--
(1) in the 1st sentence, by inserting ``, and of model
programs that focus on improving outcomes for youth aging out
of care in the areas of youth education, employment, personal
development, and housing'' after ``significance'';
(2) in the 2nd sentence, by inserting ``mental and physical
health,'' after ``employment,''; and
(3) in the 3rd sentence, by inserting ``, where
practicable,'' before ``random assignment''.
SEC. 7. EXPANSION OF ELIGIBILITY.
Section 477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(1), by striking ``18'' and inserting
``14''; and
(2) in subsection (i)(2), by striking ``youths adopted from
foster care after attaining age 16'' and inserting ``youths in
or exiting from foster care after attaining 14 years of age''.
SEC. 8. COMPLETION OF THE NATIONAL YOUTH IN TRANSITION DATABASE.
The Secretary of Health and Human Services shall--
(1) within 6 months after the date of the enactment of this
Act, issue a notice of proposed rulemaking governing
implementation of the plan referred to in section 477(f)(1)(C)
of the Social Security Act;
(2) within 9 months after such date of enactment, issue a
final rule governing the implementation;
(3) within 1 year after such date of enactment, implement
the plan.
|
Strengthening the Chafee Foster Care Independence Program Act - Amends the Social Security Act to revise requirements for the John H. Chafee Foster Care Independence Program (Program).
Directs the Secretary of Health and Human Services to distribute to states and localities information on access to federal programs (other than the Program) to help foster youth in transition to self-sufficiency. Requires states to certify that, before or when a child leaves foster care, they will inform the child of the full range of available financial, housing, counseling, employment, and education services, and other appropriate support and services for which the child is eligible.
Directs the Secretary to develop a standard reporting format for states implementing the Program and a uniform process regional offices can use in assessing state progress in meeting needs of youth in foster care and those recently emancipated from such care.
Requires case plans, where appropriate, to describe programs and services that will help the child's transition from foster care to independent living. Revises program evaluation requirements.
Makes eligible for educational and training vouchers youths in or exiting from foster care after attaining 14 years of age.
Directs the Secretary, after issuing a related notice and rule, to implement the plan for the national youth in transition database.
|
{"src": "billsum_train", "title": "To help children make the transition from foster care to self-sufficiency by addressing weaknesses in the implementation of the John H. Chafee Foster Care Independence Program."}
| 2,074 | 284 | 0.520515 | 1.595172 | 0.840519 | 4.282158 | 7.991701 | 0.912863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ottawa National Wildlife Refuge
Complex Expansion and Detroit River International Wildlife Refuge
Expansion Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the western basin of Lake Erie, as part of the Great
Lakes ecosystem--
(A) is the largest freshwater ecosystem in the
world; and
(B) is vitally important to the economic and
environmental future of the United States;
(2) over the 30-year period preceding the date of enactment
of this Act, the citizens and governmental institutions of the
United States and Canada have devoted increasing attention and
resources to the restoration of the water quality and fisheries
of the Great Lakes, including the western basin;
(3) that increased awareness has been accompanied by a
gradual shift toward a holistic ecosystem approach that
highlights a growing recognition that shoreline areas, commonly
referred to as nearshore terrestrial ecosystems, are an
integral part of the western basin and the Great Lakes
ecosystem;
(4) the Great Lakes account for more than 90 percent of the
surface freshwater in the United States;
(5) the western basin of Lake Erie receives approximately
90 percent of its flow from the Detroit River and only
approximately 10 percent from tributaries;
(6) the western basin is an important ecosystem that
includes a number of distinct islands, channels, rivers, and
shoals that support dense populations of fish, wildlife, and
aquatic plants;
(7) coastal wetland of Lake Erie supports the largest
diversity of plant and wildlife species in the Great Lakes;
(8) because Lake Erie is located at a more southern
latitude than other Great Lakes, the moderate climate of Lake
Erie is appropriate for many species that are not found in or
along the northern Great Lakes;
(9) more than 300 species of plants, including 37
significant species, have been identified in the aquatic and
wetland habitats of the western basin;
(10) the shallow western basin of Lake Erie, extending from
the Lower Detroit River to Sandusky Bay, is home to the
greatest concentration of marshes in Lake Erie, including--
(A) Mouille, Metzger, and Magee marshes;
(B) the Maumee Bay wetland complex;
(C) the wetland complexes flanking Locust Point;
and
(D) the wetland in Sandusky Bay;
(11) the larger islands of the United States in western
Lake Erie have wetland in small embayments;
(12) the wetland in the western basin comprises some of the
most important waterfowl habitat in the Great Lakes;
(13) waterfowl, wading birds, shore birds, gulls and terns,
raptors, and perching birds use the wetland in the western
basin for migration, nesting, and feeding;
(14) hundreds of thousands of diving ducks stop to rest in
the Lake Erie area during autumn migration from Canada to
points east and south;
(15) the wetland of the western basin provides a major
stopover for sea ducks, such as migrating common goldeneye,
common mergansers, and ruddy duck;
(16) the international importance of Lake Erie is indicated
in the United States by congressional designation of the Ottawa
and Cedar Point National Wildlife Refuges;
(17)(A) Lake Erie has an international reputation for
walleye, perch, and bass fishing, recreational boating,
birding, photography, and duck hunting; and
(B) on an economic basis, tourism in the Lake Erie area
accounts for an estimated $1,500,000,000 in retail sales and
more than 50,000 jobs;
(18)(A) many of the 417,000 boats that are registered in
the State of Ohio are used in the western basin, in part to
fish for the estimated 10,000,000 walleye that migrate from the
lake to spawn; and
(B) that internationally renowned walleye fishery drives
much of the $2,000,000,000 sport fishing industry in the State
of Ohio;
(19) coastal wetland in the western basin has been
subjected to intense pressure for 150 years;
(20) prior to 1850, the western basin was part of an
extensive coastal marsh and swamp system consisting of
approximately 122,000 hectares that comprised a portion of the
Great Black Swamp;
(21) by 1951, only 12,407 wetland hectares remained in the
western basin;
(22) 50 percent of that acreage was destroyed between 1972
and 1987, leaving only approximately 5,000 hectares in
existence today;
(23) along the Michigan shoreline, coastal wetland was
reduced by 62 percent between 1916 and the early 1970s;
(24) the development of the city of Monroe, Michigan, has
had a particularly significant impact on the coastal wetland at
the mouth of the Raisin River;
(25) only approximately 100 hectares remain physically
unaltered today in an area in which, 70 years ago, marshes were
10 times more extensive;
(26) in addition to the actual loss of coastal wetland
acreage along the shores of Lake Erie, the quality of much
remaining dike wetland has been degraded by numerous stressors,
especially excessive loadings of sediments and nutrients,
contaminants, shoreline modification, exotic species, and the
diking of wetland; and
(27) protective peninsula beach systems, such as the former
Bay Point and Woodtick, at the border of Ohio and Michigan near
the mouth of the Ottawa River and Maumee Bay, have been eroded
over the years, exacerbating erosion along the shorelines and
negatively affecting breeding and spawning grounds.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a national wildlife refuge
complex in the State of Ohio--
(1)(A) to protect the remaining high-quality fish and
wildlife habitats of the western basin before those habitats
are lost to further development; and
(B) to restore and enhance degraded wildlife habitats
associated with the western basin;
(2) in partnership with nongovernmental and private
organizations and private individuals dedicated to habitat
enhancement, to conserve, enhance, and restore the native
aquatic and terrestrial community characteristics of the
western basin (including associated fish, wildlife, and plant
species);
(3) to facilitate partnerships among the United States Fish
and Wildlife Service, Canadian national and provincial
authorities, State and local governments, local communities in
the United States and Canada, conservation organizations, and
other non-Federal entities to promote public awareness of the
resources of the western basin; and
(4) to advance the collective goals and priorities that--
(A) were established in the report entitled ``Great
Lakes Strategy 2002--A Plan for the New Millennium'',
developed by the United States Policy Committee,
comprised of Federal agencies (including the United
States Fish and Wildlife Service, the National Oceanic
and Atmospheric Administration, the United States
Geological Survey, the Forest Service, and the Great
Lakes Fishery Commission) and State governments and
tribal governments in the Great Lakes basin; and
(B) include the goals of cooperating to protect and
restore the chemical, physical, and biological
integrity of the Great Lakes basin ecosystem.
SEC. 4. DEFINITIONS.
In this Act:
(1) Cedar point refuge.--The term ``Cedar Point Refuge''
means the Cedar Point National Wildlife Refuge established by
the Secretary in accordance with the Migratory Bird
Conservation Act (16 U.S.C. 715 et seq.).
(2) International refuge.--The term ``International
Refuge'' means the Detroit River International Wildlife Refuge
established by section 5(a) of the Detroit River International
Wildlife Refuge Establishment Act (16 U.S.C. 668dd note; 115
Stat. 894).
(3) Ottawa refuge.--The term ``Ottawa Refuge'' means the
Ottawa National Wildlife Refuge, established by the Secretary
in accordance with the Migratory Bird Conservation Act (16
U.S.C. 715 et seq.).
(4) Refuge complex.--The term ``Refuge Complex'' means the
national wildlife refuge complex established by section 5(a).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Western basin.--
(A) In general.--The term ``western basin'' means
the western basin of Lake Erie, consisting of the land
and water in the watersheds of Lake Erie extending from
the watershed of the Lower Detroit River in the State
of Michigan to and including Sandusky Bay and the
watershed of Sandusky Bay in the State of Ohio.
(B) Inclusion.--The term `western basin' includes
the Bass Island archipelago in the State of Ohio.
(7) West sister island refuge.--The term ``West Sister
Island Refuge'' means the West Sister Island National Wildlife
Refuge established by Executive Order 7937, dated August 2,
1937.
SEC. 5. NATIONAL WILDLIFE REFUGE COMPLEX.
(a) Establishment.--There is established a national wildlife refuge
complex in the State of Ohio, consisting of--
(1) the Ottawa Refuge, as modified by subsection (b);
(2) the West Sister Island Refuge; and
(3) the Cedar Point Refuge.
(b) Expansion of Ottawa National Wildlife Refuge.--
(1) In general.--The Secretary shall expand the boundaries
of the Ottawa Refuge to include surrounding land and water in
the State of Ohio extending from the eastern boundary of the
Maumee Bay State Park to the eastern boundary of the Darby Unit
(including the Bass Island archipelago) as depicted on the map
entitled ``Ottawa National Wildlife Refuge Complex Expansion
and Detroit River International Wildlife Refuge Expansion
Act'', dated September 6, 2002.
(2) Availability of map.--The map referred to in paragraph
(1) shall be available for inspection in appropriate offices of
the United States Fish and Wildlife Service.
(c) Boundary Revisions.--The Secretary may make such revisions of
the boundaries of the Refuge Complex as the Secretary determines to be
appropriate--
(1) to facilitate the acquisition of property within the
Refuge Complex; or
(2) to carry out this Act.
(d) Acquisition.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire by donation, purchase with donated or appropriated
funds, or exchange the land and water, and interests in land
and water (including conservation easements), within the
boundaries of the Refuge Complex.
(2) Consent.--No land, water, or interest in land or water
described in paragraph (1) may be acquired by the Secretary
without the consent of the owner of the land, water, or
interest.
(e) Transfers From Other Agencies.--Administrative jurisdiction
over any Federal property that is located within the boundaries of the
Refuge Complex and under the administrative jurisdiction of an agency
of the United States other than the Department of the Interior may,
with the concurrence of the head of the administering agency, be
transferred without consideration to the Secretary for the purpose of
this Act.
(f) Study of Associated Area.--
(1) In general.--The Secretary, acting through the Director
of the United States Fish and Wildlife Service, shall conduct a
study of fish and wildlife habitat and aquatic and terrestrial
communities in and around the 2 dredge spoil disposal sites
that are--
(A) referred to by the Toledo-Lucas County Port
Authority as ``Port Authority Facility Number Three''
and ``Grassy Island'', respectively; and
(B) located within Toledo Harbor near the mouth of
the Maumee River.
(2) Report.--Not later than 18 months after the date of
enactment of the Act, the Secretary shall--
(A) complete the study under paragraph (1); and
(B) submit to Congress a report on the results of
the study.
SEC. 6. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.
The Secretary shall expand the southern boundary of the
International Refuge to include additional land and water in the State
of Michigan located east of Interstate Route 75, extending from the
southern boundary of Sterling State Park to the Ohio State line, as
depicted on the map referred to in section 5(b)(1).
SEC. 7. ADMINISTRATION.
(a) Refuge Complex.--
(1) In general.--The Secretary shall administer all
federally owned land, water, and interests in land and water
that are located within the boundaries of the Refuge Complex in
accordance with--
(A) the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.);
and
(B) this Act.
(2) Additional authority.--The Secretary may use such
additional statutory authority available to the Secretary for
the conservation of fish and wildlife, and the provision of
opportunities for fish- and wildlife-dependent recreation, as
the Secretary determines to be appropriate to carry out this
Act.
(b) Priority Uses.--In providing opportunities for compatible fish-
and wildlife-dependent recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure,
to the maximum extent practicable, that hunting, trapping, fishing,
wildlife observation and photography, and environmental education and
interpretation are the priority public uses of the Refuge Complex.
(c) Cooperative Agreements Regarding Non-Federal Land.--To promote
public awareness of the resources of the western basin and encourage
public participation in the conservation of those resources, the
Secretary may enter into cooperative agreements with the State of Ohio
or Michigan, any political subdivision of the State, or any person for
the management, in a manner consistent with this Act, of land that--
(1) is owned by the State, political subdivision, or
person; and
(2) is located within the boundaries of the Refuge Complex.
(d) Use of Existing Greenway Authority.--The Secretary shall
encourage the State of Ohio to use authority under the recreational
trails program under section 206 of title 23, United States Code, to
provide funding for acquisition and development of trails within the
boundaries of the Refuge Complex.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary--
(1) to acquire land and water within the Refuge Complex
under section 5(d);
(2) to carry out the study under section 5(f); and
(3) to develop, operate, and maintain the Refuge Complex.
|
Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Establishes a national wildlife refuge complex in Ohio, consisting of the Ottawa, West Sister Island, and Cedar Point National Wildlife Refuges.Requires the Secretary of the Interior to expand the Ottawa Refuge to include specified land and water in Ohio. Permits the Secretary to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex.Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor.Requires the Secretary to expand the southern boundary of the Detroit River International Wildlife Refuge (the Refuge) to include additional land and water located in the State of Michigan east of Interstate Route 75.Prescribes requirements for administration of the Complex.Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex.Requires the Secretary to encourage the State of Ohio to use authority under the Federal recreational trails program to provide funding for the acquisition and development of trails within the boundaries of the Complex.
|
{"src": "billsum_train", "title": "A bill to establish in the State of Ohio a wildlife refuge complex comprised of land designated as national wildlife refuges, and for other purposes."}
| 3,167 | 277 | 0.477331 | 1.453183 | 0.670917 | 4.379592 | 11.897959 | 0.95102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Social Security for Nazis Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress enacted social security legislation to provide
earned benefits for workers and their families, should they
retire, become disabled, or die.
(2) Congress never intended for participants in Nazi
persecution to be allowed to enter the United States or to reap
the benefits of United States residency or citizenship,
including participation in the Nation's Social Security
program.
SEC. 3. TERMINATION OF BENEFITS.
(a) In General.--Section 202(n)(3) of the Social Security Act (42
U.S.C. 402(n)(3)) is amended to read as follows:
``(3) For purposes of paragraphs (1) and (2) of this subsection--
``(A) an individual against whom a final order of removal
has been issued under section 237(a)(4)(D) of the Immigration
and Nationality Act on grounds of participation in Nazi
persecution shall be considered to have been removed under such
section as of the date on which such order became final;
``(B) an individual with respect to whom an order admitting
the individual to citizenship has been revoked and set aside
under section 340 of the Immigration and Nationality Act in any
case in which the revocation and setting aside is based on
conduct described in section 212(a)(3)(E)(i) of such Act
(relating to participation in Nazi persecution), concealment of
a material fact about such conduct, or willful
misrepresentation about such conduct shall be considered to
have been removed as described in paragraph (1) as of the date
of such revocation and setting aside; and
``(C) an individual who pursuant to a settlement agreement
with the Attorney General has admitted to conduct described in
section 212(a)(3)(E)(i) of the Immigration and Nationality Act
(relating to participation in Nazi persecution) and who
pursuant to such settlement agreement has lost status as a
national of the United States by a renunciation under section
349(a)(5) of the Immigration and Nationality Act shall be
considered to have been removed as described in paragraph (1)
as of the date of such renunciation.''.
(b) Other Benefits.--Section 202(n) of such Act (42 U.S.C. 402(n))
is amended by adding at the end the following:
``(4) In the case of any individual described in paragraph (3)
whose monthly benefits are terminated under paragraph (1)--
``(A) no benefits otherwise available under section 202
based on the wages and self-employment income of any other
individual shall be paid to such individual for any month after
such termination; and
``(B) no supplemental security income benefits under title
XVI shall be paid to such individual for any such month,
including supplementary payments pursuant to an agreement for
Federal administration under section 1616(a) and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66''.
SEC. 4. NOTIFICATIONS.
Section 202(n)(2) of the Social Security Act (42 U.S.C. 402(n)(2))
is amended to read as follows:
``(2)(A) In the case of the removal of any individual under
any of the paragraphs of section 237(a) of the Immigration and
Nationality Act (other than under paragraph (1)(C) of such
section) or under section 212(a)(6)(A) of such Act, the
revocation and setting aside of citizenship of any individual
under section 340 of the Immigration and Nationality Act in any
case in which the revocation and setting aside is based on
conduct described in section 212(a)(3)(E)(i) of such Act
(relating to participation in Nazi persecution), or the
renunciation of nationality by any individual under section
349(a)(5) of such Act pursuant to a settlement agreement with
the Attorney General where the individual has admitted to
conduct described in section 212(a)(3)(E)(i) of the Immigration
and Nationality Act (relating to participation in Nazi
persecution) occurring after the date of the enactment of the
No Social Security for Nazis Act, the Attorney General or the
Secretary of Homeland Security shall notify the Commissioner of
Social Security of such removal, revocation and setting aside,
or renunciation of nationality not later than 7 days after such
removal, revocation and setting aside, or renunciation of
nationality (or, in the case of any such removal, revocation
and setting aside, or renunciation of nationality that has
occurred prior to the date of the enactment of the No Social
Security for Nazis Act, not later than 7 days after such date
of enactment).
``(B)(i) Not later than 30 days after the enactment of the
No Social Security for Nazis Act, the Attorney General shall
certify to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate that
the Commissioner of Social Security has been notified of each
removal, revocation and setting aside, or renunciation of
nationality described in subparagraph (A).
``(ii) Not later than 30 days after each notification with
respect to an individual under subparagraph (A), the
Commissioner of Social Security shall certify to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate that such individual's
benefits were terminated under this subsection.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
benefits paid for any month beginning after the date of the enactment
of this Act.
|
No Social Security for Nazis Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to consider the following individuals to be removed under the Immigration and Nationality Act and so to have their OASDI benefits terminated: an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside where such action is based on conduct relating to participation in Nazi persecution, concealment of a material fact about such conduct, or willful misrepresentation about such conduct; and an individual who, pursuant to a settlement agreement with the Attorney General (AG), has admitted to such conduct and has lost status as a U.S. national by renouncing that status. Requires such individuals to have been considered removed under such Act as of the date of the revocation, setting aside, or renunciation. Prohibits such individuals from receiving other Social Security benefits based on the wages and self-employment income of any other individual. Prohibits the payment to such individuals also of any benefits under SSA tile XVI (Supplemental Security Income) (SSI). Requires the AG or the Secretary of Homeland Security (DHS) to notify the Commissioner of Social Security of such revocations, setting asides, and renunciations of nationality.
|
{"src": "billsum_train", "title": "No Social Security for Nazis Act"}
| 1,280 | 309 | 0.642102 | 2.038897 | 0.801291 | 3.756198 | 4.632231 | 0.847107 |
SECTION 1. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45J. CLEAN-FUEL CREDIT WITH RESPECT TO BUSINESSES LOCATED IN
NONATTAINMENT AREAS.
``(a) In General.--For purposes of section 38, in the case of an
eligible business the clean-fuel credit determined under this section
for the taxable year is the sum of--
``(1) the clean-fuel property credit, plus
``(2) the clean-burning fuel use credit.
``(b) Clean-Fuel Property Credit.--
``(1) In general.--The clean-fuel property credit is the
sum of--
``(A) qualified vehicle property costs, plus
``(B) qualified refueling property costs.
``(2) Qualified vehicle property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified vehicle property costs' means the
amount paid or incurred by the eligible business for
qualified clean-fuel vehicle property which is placed
in service during the taxable year by the eligible
business and substantially all of the use of which is
in a nonattainment area.
``(B) Limitation.--The amount which may be taken
into account under subparagraph (A) with respect to any
motor vehicle shall not exceed--
``(i) $2,000 in the case of a motor vehicle
not described in clause (ii) or (iii),
``(ii) $5,000 in the case of any truck or
van with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000
pounds, or
``(iii) $50,000 in the case of--
``(I) a truck or van with a gross
vehicle weight rating greater than
26,000 pounds, or
``(II) any bus which has a seating
capacity of at least 20 adults (not
including the driver).
``(C) Qualified clean-fuel vehicle property.--The
term `qualified clean-fuel vehicle property' shall have
the meaning given to such term by section 179A(c)
(without regard to paragraph (3) thereof), except that
such term does not include property that is a motor
vehicle propelled by a fuel that is not a clean-burning
fuel.
``(3) Qualified refueling property costs.--
``(A) In general.--For purposes of paragraph (1),
the term `qualified refueling property costs' means
amounts paid or incurred by the eligible business for
qualified clean-fuel vehicle refueling property (as
defined by section 179A(d)) which is placed in service
in a nonattainment area during the taxable year by the
eligible business.
``(B) Limitation.--
``(i) In general.--The aggregate cost which
may be taken into account under subparagraph
(A) with respect to qualified clean-fuel
vehicle refueling property placed in service by
the eligible business during the taxable year
at a location shall not exceed the lesser of--
``(I) $100,000, or
``(II) the cost of such property
reduced by the amount described in
clause (ii).
``(ii) Reduction for amounts previously
taken into account.--For purposes of clause
(i)(II), the amount described in this clause is
the sum of--
``(I) the aggregate amount taken
into account under paragraph (1)(B) for
all preceding taxable years, and
``(II) the aggregate amount taken
into account under section
179A(a)(1)(B) by the taxpayer (or any
related person or predecessor) with
respect to property placed in service
at such location for all preceding
taxable years.
``(iii) Special rules.--For purposes of
this subparagraph, the provisions of
subparagraphs (B) and (C) of section 179A(b)(2)
shall apply.
``(c) Clean-Burning Fuel Use Credit.--
``(1) In general.--For purposes of subsection (a), the
clean-burning fuel use credit is the amount equal to 50 cents
for each gasoline gallon equivalent of clean-burning fuel used
by an eligible business during the taxable year to propel
qualified clean-fuel vehicle property.
``(2) Clean-burning fuel.--For purposes of paragraph (1),
the term `clean-burning fuel' has the meaning given to such
term by section 179A, except that such term includes compressed
natural gas and biodiesel (as defined by section 40A(d)(1)).
``(3) Gasoline gallon equivalent.--For purposes of
paragraph (1), the term `gasoline gallon equivalent' means,
with respect to any clean burning fuel, the amount (determined
by the Secretary) of such fuel having a Btu content of 114,000.
``(d) Other Definitions.--For purposes of this section--
``(1) Eligible business.--The term `eligible business'
means--
``(A) a qualified business entity or a qualified
proprietorship (as such terms are defined by section
1397C, determined by substituting `nonattainment area'
for `empowerment zone' and `enterprise zone' each place
it appears), and
``(B) a trade or business located outside of a
nonattainment area, but only with respect to qualified
clean-fuel vehicle property used substantially within a
nonattainment area.
``(2) Nonattainment area.--The term `nonattainment area'
shall have the meaning given to such term by section 171 of the
Clean Air Act (42 U.S.C. 7501).
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (18), by striking
the period at the end of paragraph (19) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(20) the clean-fuel credit determined under section
45J.''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end thereof the following new subsection:
``(e) Zone Clean Fuels Expenses.--No deduction shall be allowed for
that portion of expenses for clean-burning fuel otherwise allowable as
a deduction for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45J.''.
(d) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (5) as paragraph (6) and by inserting
after paragraph (4) the following new paragraph:
``(5) Special rules for clean fuels credit.--
``(A) In general.--In the case of the clean fuels
credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraph (A) thereof
shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the clean
fuels credit).
``(B) Clean fuels credit.--For purposes of this
subsection, the term `clean fuels credit' means the
credit allowable under subsection (a) by reason of
section 45J.''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended by striking ``or the New York
Liberty Zone business employee credit'' and inserting
``, the New York Liberty Zone business employee credit,
or the clean fuels credit''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ``or the clean fuels
credit'' after ``employee credit''.
(C) Subclause (II) of section 38(c)(4)(A)(ii) of
such Code is amended by inserting ``or the clean fuels
credit'' after ``specified credits''.
(e) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (11), by striking the period at the end of paragraph (12)
and inserting ``, and'', and by adding after paragraph (12) the
following new paragraph:
``(13) the clean fuels credit determined under section
45J.''.
(f) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45I the following new
item:
``Sec. 45J. Clean-fuel credit with respect to businesses located in
nonattainment areas.''.
(g) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004.
|
Amends the Internal Revenue Code to allow certain businesses located in areas designated as nonattainment areas under the Clean Air Act a general business tax credit for the cost of certain clean-fuel vehicle property and clean-burning fuel. Allows the credit to be taken against regular and alternative minimum tax liabilities. Allows a tax deduction for any unused clean fuel credit amounts.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act."}
| 2,247 | 80 | 0.552361 | 1.242055 | 0.454956 | 2.014706 | 28.941176 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Infrastructure Banks Act of
1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there are new financial concepts for transportation
programs which cannot be accommodated within the structure of
traditional Federal reimbursement programs; and
(2) States need more freedom in developing methods to
provide low-cost support for the public half of developing
public-private transportation partnerships.
(b) Purpose.--The purpose of this Act is to provide States the
option of using State infrastructure banks for financing transportation
projects.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) State.--The term ``State'' has the meaning such term
has under section 401 of title 23, United States Code.
(3) State infrastructure bank.--The term ``State
infrastructure bank'' means an infrastructure investment fund
created at the State or multi-State level to provide the State
with a variety of methods of financing transportation projects.
SEC. 4. STATE INFRASTRUCTURE BANKS.
(a) Consent to Interstate Compacts.--Congress grants consent to the
States to establish State infrastructure banks and to enter into
interstate compacts establishing State infrastructure banks to promote
regional or multi-State investment in transportation infrastructure and
thereby improve economic productivity.
(b) Assistance for Transportation Projects, Programs, and
Activities.--A State or State infrastructure bank established under
this Act may make loans, issue debt under the authority of the bank's
State jurisdictions either jointly or separately as the bank and its
jurisdictions determine and provide other assistance to public or
private entities constructing, or proposing to construct or initiate,
transportation projects, programs, or activities that are eligible to
receive financial assistance under title 23, United States Code, or
under the Intermodal Surface Transportation Efficiency Act of 1991.
(c) Forms of Assistance.--A State infrastructure bank may loan or
provide other assistance to a public or private entity in an amount
equal to all or part of the cost of construction or capital cost of a
qualifying transportation project. The amount of any loan or other
assistance received for a qualifying project under this Act may be
subordinated to any other debt financing for the project. For purposes
of this subsection, the term ``other assistance'' includes any use of
funds for the purpose of credit enhancements, use as a capital reserve
for bond or debt instrument financing, bond or debt instrument
financing issuance costs, bond or debt issuance financing insurance,
subsidizing of interest rates, letters of credit, credit instruments,
bond or debt financing instrument security, other forms of debt
financing that relate to the qualifying project, and other leveraging
tools approved by the Secretary.
(d) State Infrastructure Bank Requirements.--In order to qualify as
a State infrastructure bank under this section, each participating
State shall--
(1) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances or has a
sufficient level of bond or debt financing instrument insurance
to maintain the viability of the bank;
(2) ensure that investment income generated by the funds
deposited into the bank will be--
(A) credited to the bank;
(B) available for use in providing loans and other
assistance to qualifying transportation projects,
programs, and activities from the bank; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may provide to earn interest to enhance
the leveraging of qualifying transportation projects,
programs, and activities;
(3) provide that the repayment of a loan or other
assistance to a State from any loan under this Act may be
credited to the bank or obligated for any purpose for which the
loaned funds were available under such title 23;
(4) ensure that any loan from the bank will bear any
positive interest the bank determines appropriate to make the
qualifying project, program, or activity feasible;
(5) ensure that repayment of any loan from the bank will
commence not later than 5 years after the facility has opened
to traffic or the project, program, or activity has been
completed;
(6) ensure that the term for repaying any loan will not
exceed 30 years from the date of obligation of the loan;
(7) limit any assignment, transfer, or loan to the bank to
not more than the amount which a State transfers under
subsection (f); and
(8) require the bank to make an annual report to the
Secretary on its status no later than September 30 of each
year.
(e) Secretarial Requirements.--In administering this Act, the
Secretary shall--
(1) ensure that Federal disbursements for capital reserves
shall be at a rate consistent with historic rates for the
Federal-aid highway program; and
(2) specify procedures and guidelines for establishing,
operating, and making loans from a State infrastructure bank
under this Act.
(f) Contributions From Title 23 Apportionments.--(1)
Notwithstanding the provisions of title 23, United States Code, and the
Intermodal Surface Transportation Efficiency Act of 1991, a State may
transfer to a State infrastructure bank not to exceed 15 percent of
Federal funds apportioned under sections 104(b)(1), 104(b)(3), and
104(b)(5)(B) of such title and a corresponding amount of obligational
authority. A State may not transfer funds that are suballocated under
such title.
(2) A State may disburse funds transferred under paragraph (1) to a
State infrastructure bank at a rate that does not exceed the
traditional rate of disbursement for the Federal-aid highway program.
(g) United States Not Obligated.--The deposit of Federal
apportionments into a State infrastructure bank shall not be construed
as a commitment, guarantee, or obligation on the part of the United
States to any third party, nor shall any third party have any right
against the United States for payment solely by virtue of the deposit.
Furthermore, any security or debt financing instrument issued by a
State infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(h) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds used as a capital
reserve under this Act.
(i) Program Administration.--For each fiscal year, a State may
contribute to a State infrastructure bank an amount not to exceed 2
percent of the Federal funds deposited into the bank by the State to
provide for the reasonable costs of administering the bank.
|
State Infrastructure Banks Act of 1995 - Grants the consent of the Congress to the States to establish State infrastructure banks, and to enter into interstate compacts establishing such banks to promote regional or multi-State investment in transportation infrastructure and thereby improve economic activity. Authorizes a State or State infrastructure bank to make loans, issue debt, and provide other assistance to public and private entities constructing transportation projects, programs, or activities that are eligible to receive assistance under specified Federal provisions.
Sets forth provisions regarding: (1) the forms of State infrastructure bank assistance; and (2) State infrastructure bank requirements.
|
{"src": "billsum_train", "title": "State Infrastructure Banks Act of 1995"}
| 1,440 | 125 | 0.690528 | 1.808597 | 0.632011 | 4.059322 | 11.542373 | 0.940678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Nurse-Midwife
Care Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medicare covers approximately 2 million women with
disabilities that are of childbearing age.
(2) Women with disabilities give birth to 50,000 children
annually.
(3) The Agency for Healthcare Policy and Research reports
that these women are without appropriate access to primary care
services.
(4) Their average time between gynecological visits was 10-
12 years.
(5) They were less likely to have received a recent
mammogram.
(6) The medicare program reimburses Certified Nurse
Midwives (CNMs) at 65 percent of the physician fee schedule, on
average, only $14 per annual exam.
(7) CNMs who serve these women are forced to subsidize care
with their own money or turn away patients because they cannot
afford to operate at a financial loss.
(8) Professional liability premiums for CNMs are
skyrocketing, leaving no monies to subsidize care.
(9) CNMs are forced to leave the marketplace as other
public and private payers adopt Medicare payment policies.
(10) Midwives are highly educated and available to serve
this special population.
SEC. 3. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE
SERVICES.
(a) Certified Midwife, Certified Midwife Services Defined.--(1)
Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is
amended by adding at the end the following new paragraphs:
``(3) The term `certified midwife services' means such services
furnished by a certified midwife (as defined in paragraph (4)) and such
services and supplies furnished as an incident to the certified
midwife's service which the certified midwife is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) as would otherwise be payable under this title if furnished
by a physician or as an incident to a physician's service.
``(4) The term `certified midwife' means an individual who has
successfully completed a bachelor's degree from an accredited
educational institution and a program of study and clinical experience
meeting guidelines prescribed by the Secretary, or has been certified
by an organization recognized by the Secretary.''.
(2) The heading in section 1861(gg) of such Act (42 U.S.C.
1395x(gg)) is amended to read as follows:
``Certified Nurse-Midwife Services; Certified Midwife Services''.
(b) Certified Midwife Service Benefit.--
(1) Medical and other services.--Section 1861(s)(2)(L) of
such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting
``and certified midwife services'' before the semicolon.
(2) Payment to hospital for patients under care of
certified nurse-midwife or certified midwife.--Section
1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended--
(A) by inserting ``(i)'' after ``except that''; and
(B) by inserting before the semicolon the
following: ``and (ii) a patient receiving certified
nurse-midwife services or certified midwife services
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) may be under the care of a certified
nurse-midwife or certified midwife with respect to such
services to the extent permitted under State law''.
(3) Inpatient hospital service at teaching hospitals.--
Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended--
(A) in paragraph (4), by inserting ``certified
midwife services,'' after ``certified nurse-midwife
services,'';
(B) in paragraph (6), by striking ``; or'' and
inserting ``or in the case of services in a hospital or
osteopathic hospital by an intern or resident-in-
training in the field of obstetrics and gynecology,
nothing in this paragraph shall be construed to
preclude a certified nurse-midwife or certified midwife
(as defined in paragraphs (1) and (3), respectively, of
subsection (gg)) from teaching or supervising such
intern or resident-in-training, to the extent permitted
under State law and as may be authorized by the
hospital; or'';
(C) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(8) a certified nurse-midwife or a certified midwife
where the hospital has a teaching program approved as specified
in paragraph (6), if (A) the hospital elects to receive any
payment due under this title for reasonable costs of such
services, and (B) all certified nurse-midwives or certified
midwives in such hospital agree not to bill charges for
professional services rendered in such hospital to individuals
covered under the insurance program established by this
title.''.
(4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of
such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended--
(A) by inserting ``(I)'' after ``(iii)'',
(B) by inserting ``certified midwife services,''
after ``certified nurse-midwife services,'', and
(C) by adding at the end the following new
subclause:
``(II) in the case of certified
nurse-midwife services or certified
midwife services furnished in a
hospital which has a teaching program
described in clause (i)(II), such
services may be furnished as provided
under section 1842(b)(7)(E) and section
1861(b)(8);''.
(5) Amount of payment.--Section 1833(a)(1)(K) of such Act
(42 U.S.C. 1395l(a)(1)(K)) is amended--
(A) by inserting ``and certified midwife services''
after ``certified nurse-midwife services'', and
(B) by striking ``65 percent'' each place it
appears and inserting ``95 percent''.
(6) Assignment of payment.--The first sentence of section
1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended--
(A) by striking ``and (F)'' and inserting ``(F)'';
and
(B) by inserting before the period the following:
``, and (G) in the case of certified nurse-midwife
services or certified midwife services under section
1861(s)(2)(L), payment may be made in accordance with
subparagraph (A), except that payment may also be made
to such person or entity (or the agent of such person
or entity) as the certified nurse-midwife or certified
midwife may designate under an agreement between the
certified nurse-midwife or certified midwife and such
person or entity (or the agent of such person or
entity)''.
(7) Clarification regarding payments under part b for such
services furnished in teaching hospitals.--(A) Section
1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended--
(i) in subparagraphs (A) and (C), by inserting
``or, for purposes of subparagraph (E), the conditions
described in section 1861(b)(8),'' after ``section
1861(b)(7),''; and
(ii) by adding at the end the following new
subparagraph:
``(E) In the case of certified nurse-midwife
services or certified midwife services furnished to a
patient in a hospital with a teaching program approved
as specified in section 1861(b)(6) but which does not
meet the conditions described in section 1861(b)(8),
the provisions of subparagraphs (A) through (C) shall
apply with respect to a certified nurse-midwife or a
certified midwife respectively under this subparagraph
as they apply to a physician under subparagraphs (A)
through (C).''.
(B) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services shall
prescribe regulations to carry out the amendments made by
subparagraph (A).
SEC. 4. INTERIM, FINAL REGULATIONS.
Except as provided in section 3(b)(7)(B), in order to carry out the
amendments made by this Act in a timely manner, the Secretary of Health
and Human Services may first promulgate regulations, that take effect
on an interim basis, after notice and pending opportunity for public
comment, by not later than 6 months after the date of the enactment of
this Act.
|
Improving Access to Nurse-Midwife Care Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to provide for the coverage of and payment for certified midwife services (currently only certified nurse-midwife services are covered) under Medicare part B (Supplementary Medical Insurance). Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training.
Authorizes payment for such services to a person or entity (or the agent of such person or entity) the certified nurse-midwife (CNM) or certified midwife (CM) may designate under an agreement between the CNM or CM and such person or entity (by implication, including a free-standing birth center).
|
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for reimbursement of certified midwife services and to provide for more equitable reimbursement rates for certified nurse-midwife services."}
| 2,056 | 179 | 0.45434 | 1.34069 | 0.865605 | 3.338028 | 12.316901 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National All Schedules Prescription
Electronic Reporting Act of 2004''.
SEC. 2. CONTROLLED SUBSTANCE MONITORING PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding after section 399N the following:
``SEC. 399O. CONTROLLED SUBSTANCE MONITORING PROGRAM.
``(a) Formula Grants.--
``(1) In general.--Each fiscal year, the Secretary shall
make a payment to each State with an application approved under
this section for the purpose of establishing and implementing a
controlled substance monitoring program under this section.
``(2) Determination of amount.--In making payments under
paragraph (1) for a fiscal year, the Secretary shall allocate
to each State with an application approved under this section
an amount which bears the same ratio to the amount appropriated
to carry out this section for that fiscal year as the number of
pharmacies of the State bears to the number of pharmacies of
all States with applications approved under this section (as
determined by the Secretary), except that the Secretary may
adjust the amount allocated to a State under this paragraph
after taking into consideration the budget cost estimate for
the State's controlled substance monitoring program.
``(b) Application Approval Process.--
``(1) In general.--To seek a grant under this section, a
State shall submit an application at such time, in such manner,
and containing such assurances and information as the Secretary
may reasonably require. Each such application shall include--
``(A) a budget cost estimate for the State's
controlled substance monitoring program;
``(B) proposed standards for security for
information handling and for the database maintained by
the State under subsection (d) generally including
efforts to use appropriate encryption technology or
other such technology;
``(C) proposed standards for meeting the uniform
electronic format requirement of subsection (g);
``(D) proposed standards for availability of
information and limitation on access to program
personnel;
``(E) proposed standards for access to the
database, and procedures to ensure database accuracy;
``(F) proposed standards for redisclosure of
information;
``(G) proposed penalties for illegal redisclosure
of information; and
``(H) assurances of compliance with all other
requirements of this section.
``(2) Approval or disapproval.--Not later than 90 days
after the submission by a State of an application under
paragraph (1), the Secretary shall approve or disapprove the
application. The Secretary shall approve the application if the
State demonstrates to the Secretary that the State will
establish and implement or operate a controlled substance
monitoring program in accordance with this section.
``(3) Withdrawal of authorization.--If a State fails to
implement a controlled substance monitoring program in
accordance with this section--
``(A) the Secretary shall give notice of the
failure to the State; and
``(B) if the State fails to take corrective action
within a reasonable period of time, the Secretary shall
withdraw any approval of the State's application under
this section.
``(4) Voluntary discontinuance.--A funding agreement for
the receipt of a payment under this section is that the State
involved will give a reasonable period of notice to the
Secretary before ceasing to implement or operate a controlled
substance monitoring program under this section. The Secretary
shall determine the period of notice that is reasonable for
purposes of this paragraph.
``(5) Return of funds.--If the Secretary withdraws approval
of a State's application under this section, or the State
chooses to cease to implement a controlled substance monitoring
program under this section, a funding agreement for the receipt
of a payment under this section is that the State will return
to the Secretary an amount which bears the same ratio to the
overall payment as the remaining time period for expending the
payment bears to the overall time period for expending the
payment (as specified by the Secretary at the time of the
payment).
``(c) Reporting Requirements.--In implementing a controlled
substance monitoring program under this section, a State shall comply
with the following:
``(1) The State shall require dispensers to report to such
State each dispensing in the State of a controlled substance to
an ultimate user or research subject not later than 1 week
after the date of such dispensing.
``(2) The State may exclude from the reporting requirement
of this subsection--
``(A) the direct administration of a controlled
substance to the body of an ultimate user or research
subject;
``(B) the dispensing of a controlled substance in a
quantity limited to an amount adequate to treat the
ultimate user or research subject involved for 48 hours
or less; or
``(C) the administration or dispensing of a
controlled substance in accordance with any other
exclusion identified by the Secretary for purposes of
this paragraph.
``(3) The information to be reported under this subsection
with respect to the dispensing of a controlled substance shall
include the following:
``(A) Drug Enforcement Administration Registration
Number of the dispenser.
``(B) Drug Enforcement Administration Registration
Number and name of the practitioner who prescribed the
drug.
``(C) Name, address, and telephone number of the
ultimate user or research subject.
``(D) Identification of the drug by a national drug
code number.
``(E) Quantity dispensed.
``(F) Estimated number of days for which such
quantity should last.
``(G) Number of refills ordered.
``(H) Whether the drug was dispensed as a refill of
a prescription or as a first-time request.
``(I) Date of the dispensing.
``(J) Date of origin of the prescription.
``(4) The State shall require dispensers to report
information under this section in accordance with the
electronic format specified by the Secretary under subsection
(g), except that the State may waive the requirement of such
format with respect to an individual dispenser.
``(5) The State shall automatically share information
reported under this subsection with another State with an
application approved under this section if the information
concerns--
``(A) the dispensing of a controlled substance to
an ultimate user or research subject who resides in
such other State; or
``(B) the dispensing of a controlled substance
prescribed by a practitioner whose principal place of
business is located in such other State.
``(6) The State may notify the appropriate authorities
responsible for drug diversion investigation if information in
the database maintained by the State under subsection (d)
indicates an unlawful diversion or misuse of a controlled
substance.
``(d) Database.--In implementing a controlled substance monitoring
program under this section, a State shall comply with the following:
``(1) The State shall establish and maintain an electronic
database containing the information reported to the State under
subsection (c).
``(2) The database must be searchable by any field or
combination of fields.
``(3) The State shall include reported information in the
database at such time and in such manner as the Secretary
determines appropriate, with appropriate safeguards for
ensuring the accuracy and completeness of the database.
``(4) The State shall take appropriate security measures to
protect the integrity of, and access to, the database.
``(e) Provision of Information.--Subject to subsection (f), in
implementing a controlled substance monitoring program under this
section, a State may provide information from the database established
under subsection (d) and, in the case of a request under paragraph (3),
summary statistics of such information, in response to a request by--
``(1) a practitioner (or the agent thereof) who certifies,
under the procedures determined by the State, that the
requested information is for the purpose of providing medical
or pharmaceutical treatment or evaluating the need for such
treatment to a bona fide current patient;
``(2) any local, State, or Federal law enforcement,
narcotics control, licensure, disciplinary, or program
authority, who certifies, under the procedures determined by
the State, that the requested information is related to an
individual investigation or proceeding involving the unlawful
diversion or misuse of a schedule II, III, or IV substance, and
such information will further the purpose of the investigation
or assist in the proceeding;
``(3) any agent of the Department of Health and Human
Services, a State medicaid program, a State health department,
or the Drug Enforcement Administration who certifies that the
requested information is necessary for research to be conducted
by such department, program, or administration, respectively,
and the intended purpose of the research is related to a
function committed to such department, program, or
administration by law that is not investigative in nature; or
``(4) any agent of another State, who certifies that the
State has an application approved under this section and the
requested information is for the purpose of implementing the
State's controlled substance monitoring program under this
section.
``(f) Limitations.--In implementing a controlled substance
monitoring program under this section, a State--
``(1) shall make reasonable efforts to limit the
information provided pursuant to a valid request under
subsection (e) to the minimum necessary to accomplish the
intended purpose of the request; and
``(2) shall not provide any individually identifiable
information in response to a request under subsection (e)(3).
``(g) Electronic Format.--The Secretary shall specify a uniform
electronic format for the reporting, sharing, and provision of
information under this section.
``(h) Rules of Construction.--
``(1) Functions otherwise authorized by law.--Nothing in
this section shall be construed to restrict the ability of any
authority, including any local, State, or Federal law
enforcement, narcotics control, licensure, disciplinary, or
program authority, to perform functions otherwise authorized by
law.
``(2) No preemption.--Nothing in this section shall be
construed as preempting any State law, except that no such law
may relieve any person of a requirement otherwise applicable
under this Act.
``(3) Additional privacy protections.--Nothing in this
section shall be construed as preempting any State from
imposing any additional privacy protections.
``(4) Certain confidentiality requirements.--Nothing in
this section shall be construed as superceding the
confidentiality requirements of programs defined by and subject
to part 2 of title 42, Code of Federal Regulations.
``(5) No federal private cause of action.--Nothing in this
section shall be construed to create a Federal private cause of
action.
``(i) Relation to HIPAA.--Except to the extent inconsistent with
this section, the provision of information pursuant to subsection
(c)(5), (c)(6), or (e) and the subsequent transfer of such information
are subject to any requirement that would otherwise apply under the
regulations promulgated pursuant to section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
``(j) Preference.--Beginning January 1, 2007, the Secretary, in
awarding any competitive grant that is related to drug abuse (as
determined by the Secretary) to a State, shall give preference to any
State with an application approved under this section.
``(k) Study.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall--
``(1) complete a study that--
``(A) determines the progress of States in
establishing and implementing controlled substance
monitoring programs under this section;
``(B) determines the feasibility of implementing a
real-time electronic controlled substance monitoring
program, including the costs associated with
establishing such a program; and
``(C) provides an analysis of the privacy
protections in place for the information reported to
the controlled substance monitoring program in each
State receiving a grant for the establishment or
operation of such program, and a comparison to the
privacy requirements that apply to covered entities
under regulations promulgated pursuant to section
264(c) of the Health Insurance Portability and
Accountability Act of 1996, along with any
recommendations for additional requirements for
protection of this information; and
``(2) submit a report to the Congress on the results of the
study.
``(l) Advisory Council.--
``(1) Establishment.--A State may establish an advisory
council to assist in the establishment and implementation of a
controlled substance monitoring program under this section.
``(2) Sense of congress.--It is the sense of the Congress
that, in establishing an advisory council under this
subsection, a State should consult with appropriate
professional boards and other interested parties.
``(m) Definitions.--For purposes of this section:
``(1) The term `bona fide patient' means an individual who
is a patient of the dispenser or practitioner involved.
``(2) The term `controlled substance' means a drug that is
included in schedule II, III, or IV of section 202(c) of the
Controlled Substance Act.
``(3) The term `dispense' means to deliver a controlled
substance to an ultimate user or research subject by, or
pursuant to the lawful order of, a practitioner, irrespective
of whether the dispenser uses the Internet or other means to
effect such delivery.
``(4) The term `dispenser' means a physician, pharmacist,
or other individual who dispenses a controlled substance to an
ultimate user or research subject.
``(5) The term `practitioner' means a physician, dentist,
veterinarian, scientific investigator, pharmacy, hospital, or
other person licensed, registered, or otherwise permitted, by
the United States or the jurisdiction in which he or she
practices or does research, to distribute, dispense, conduct
research with respect to, administer, or use in teaching or
chemical analysis, a controlled substance in the course of
professional practice or research.
``(6) The term `State' means each of the 50 States and the
District of Columbia.
``(7) The term `ultimate user' means a person who has
lawfully obtained, and who possesses, a controlled substance
for his or her own use, for the use of a member of his or her
household, or for the use of an animal owned by him or her or
by a member of his or her household.
``(n) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
``(1) $25,000,000 for each of fiscal years 2006 and 2007;
and
``(2) $15,000,000 for each of fiscal years 2008, 2009, and
2010.''.
Passed the House of Representatives October 5, 2004.
Attest:
JEFF TRANDAHL,
Clerk.
|
National All Schedules Prescription Electronic Reporting Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to approved States to establish a controlled substance monitoring program. Bases the amount of each grant on the ratio of pharmacies in the State receiving such a grant to the number of pharmacies in all approved States.
Requires a State to submit a grant application that shall include proposed penalties for illegal redisclosure of information and proposed standards for: (1) information security; (2) availability of information and limitation on access to program personnel; (3) database access and integrity; and (4) redisclosure of information. Requires the Secretary to approve such an application if the State demonstrates that it will establish or operate a controlled substance monitoring program in accordance with this Act.
Requires an approved State to give notice if it fails to implement such a program. Requires the Secretary to withdrawal approval if the State fails to take corrective action within a reasonable period of time.
Requires an approved State to give the Secretary notice before ceasing to implement or operate such a program.
Requires an approved State to: (1) require dispensers to report within one week of each dispensing of a controlled substance to an ultimate user or research subject; (2) report information in accordance with the specified electronic format; (3) automatically share with another approved State information concerning the dispensing of a controlled substance to a user or subject who resides in such other State or by a practitioner whose principal place of business is in such other State.
Allows a State to notify the appropriate authorities responsible for drug diversion investigations if information in the database indicates an unlawful diversion or misuse of a controlled substance.
Requires the State to establish and maintain an electronic searchable database containing the information reported.
Allows a State to provide information from the database in response to certain requests by practitioners, law enforcement, narcotics control, licensure, disciplinary, or program authorities, the controlled substance monitoring program of another State, and agents of the Department of Health and Human Services (HHS), State Medicaid programs, State health departments, or the Drug Enforcement Administration (DEA). Requires a State to make reasonable efforts to limit the information provided to the minimum necessary and to withhold all individually identifiable information from requests by HHS, State Medicaid programs, State health departments, or DEA.
Requires the Secretary to: (1) specify a uniform electronic format for the reporting, sharing, and provision of information; (2) give preference to approved States in awarding competitive grants related to drug use beginning January 1, 2007; (3) study and report to Congress on such programs, including the progress of States in establishing such programs, the feasibility of implementing a real-time electronic controlled substance monitoring program, and privacy protections.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "To provide for the establishment of a controlled substance monitoring program in each State."}
| 3,249 | 623 | 0.64355 | 2.119044 | 0.92191 | 3.321234 | 5.675136 | 0.936479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Foreign Propaganda and
Disinformation Act''.
SEC. 2. CENTER FOR INFORMATION ANALYSIS AND RESPONSE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the President shall establish a Center for
Information Analysis and Response (in this section referred to as the
``Center''). The purposes of the Center are--
(1) to coordinate the sharing among government agencies of
information on foreign government information warfare efforts,
including information provided by recipients of information
access fund grants awarded using funds made available under
subsection (e) and from other sources, subject to the
appropriate classification guidelines;
(2) to establish a process for integrating information on
foreign propaganda and disinformation efforts into national
strategy; and
(3) to develop, plan, and synchronize interagency
activities to expose and counter foreign information operations
directed against United States national security interests and
advance narratives that support United States allies and
interests.
(b) Functions.--The Center shall carry out the following functions:
(1) Integrating interagency efforts to track and evaluate
counterfactual narratives abroad that threaten the national
security interests of the United States and United States
allies, subject to appropriate regulations governing the
dissemination of classified information and programs.
(2) Analyzing relevant information from United States
Government agencies, allied nations, think-tanks, academic
institutions, civil society groups, and other nongovernmental
organizations.
(3) Developing and disseminating thematic narratives and
analysis to counter propaganda and disinformation directed at
United States allies and partners in order to safeguard United
States allies and interests.
(4) Identifying current and emerging trends in foreign
propaganda and disinformation, including the use of print,
broadcast, online and social media, support for third-party
outlets such as think tanks, political parties, and
nongovernmental organizations, in order to coordinate and shape
the development of tactics, techniques, and procedures to
expose and refute foreign misinformation and disinformation and
proactively promote fact-based narratives and policies to
audiences outside the United States.
(5) Facilitating the use of a wide range of information-
related technologies and techniques to counter foreign
disinformation by sharing expertise among agencies, seeking
expertise from external sources, and implementing best
practices.
(6) Identifying gaps in United States capabilities in areas
relevant to the Center's mission and recommending necessary
enhancements or changes.
(7) Identifying the countries and populations most
susceptible to foreign government propaganda and
disinformation.
(8) Administering and expending funds made available
pursuant to subsection (e).
(9) Coordinating with allied and partner nations,
particularly those frequently targeted by foreign
disinformation operations, and international organizations and
entities such as the NATO Center of Excellence on Strategic
Communications, the European Endowment for Democracy, and the
European External Action Service Task Force on Strategic
Communications, in order to amplify the Center's efforts and
avoid duplication.
(c) Interagency Manager.--
(1) In general.--The President is authorized to designate
an official of the United States Government to lead an
interagency team and to manage the Center. The President shall
delegate to the manager of the Center responsibility for and
presumptive authority to direct and coordinate the activities
and operations of all departments, agencies, and elements of
the United States Government in so far as their support is
required to ensure the successful implementation of a strategy
approved by the President for accomplishing the mission. The
official so designated shall be serving in a position in the
executive branch by appointment, by and with the advice and
consent of the Senate.
(2) Interagency steering committee.--
(A) Composition.--The Interagency Manager shall
establish a Steering Committee composed of senior
representatives of agencies relevant to the Center's
mission to provide advice to the Manager on the
operations and strategic orientation of the Center and
to ensure adequate support for the Center. The Steering
Committee shall include one senior representative
designated by each of the Secretary of Defense, the
Secretary of State, the Chairman of the Joint Chiefs of
Staff, the Administrator of the United States Agency
for International Development, and the Chairman of the
Broadcasting Board of Governors.
(B) Meetings.--The Interagency Steering Committee
shall meet not less than every 3 months.
(C) Participation and independence.--The Chairman
of the Broadcasting Board of Governors shall not
compromise the journalistic freedom or integrity of
relevant media organizations. Other Federal agencies
may be invited to participate in the Center and
Steering Committee at the discretion of the Interagency
Manager.
(3) Scope of responsibility and authority.--
(A) Limitation on scope.--The delegated
responsibility and authority provided pursuant to
paragraph (1) may not extend beyond the requirements
for successful implementation of the mission and
strategy described in that paragraph.
(B) Appeal of execution of activities.--The head of
any department, agency, or other element of the United
States Government may appeal to the President a
requirement or direction by the official designated
pursuant to paragraph (1) for activities otherwise in
support of the mission and strategy described in that
paragraph if such head determines that there is a
compelling case that executing such activities would do
undue harm to other missions of national importance to
the United States.
(4) Targeted foreign audiences.--
(A) In general.--The activities under this
subsection of the Center described in paragraph (1)
shall be done only with the intent to influence foreign
audiences. No funds for the activities of the team
under this section may be used with the intent to
influence public opinion in the United States.
(B) Rule of construction.--Nothing in this
subsection may be construed to prohibit the team
described in paragraph (1) from engaging in any form of
communication or medium, either directly or indirectly,
or coordinating with any other department or agency of
the United States Government, a State government, or
any other public or private organization or institution
because a United States domestic audience is or may be
thereby exposed to activities or communications of the
team under this subsection, or based on a presumption
of such exposure.
(d) Staff.--
(1) Compensation.--The President may fix the compensation
of the manager of the Center and other personnel without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate
payable for level V of the Executive Schedule under section
5316 of that title.
(2) Detail of government employees.--Any Federal Government
employee may be detailed to the Center without reimbursement,
and such detail shall be without interruption or loss of civil
service status or privilege.
(3) Procurement of temporary and intermittent services.--
The President may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of that title.
(e) Funds.--Of amounts authorized to be appropriated for fiscal
year 2017 for the Department of Defense and identified as undistributed
fuel cost savings, up to $250,000,000 may be available for purposes of
carrying out this section and the grant program established under
section 3. Once obligated, such funds shall remain available for such
purposes until expended.
SEC. 3. INFORMATION ACCESS FUNDS.
(a) Grants and Contracts of Financial Support.--The Center may
provide grants or contracts of financial support to civil society
groups, journalists, nongovernmental organizations, federally funded
research and development centers, private companies, or academic
institutions for the following purposes:
(1) To support local independent media who are best placed
to refute foreign disinformation and manipulation in their own
communities.
(2) To collect and store examples in print, online, and
social media of disinformation, misinformation, and propaganda
directed at the United States and its allies and partners.
(3) To analyze tactics, techniques, and procedures of
foreign government information warfare with respect to
disinformation, misinformation, and propaganda.
(4) To support efforts by the Center to counter efforts by
foreign governments to use disinformation, misinformation, and
propaganda to influence the policies and social and political
stability of the United States and United States allies and
partners.
(b) Funding Availability and Limitations.--All organizations that
apply to receive funds under this section must undergo a vetting
process in accordance with the relevant existing regulations to ensure
their bona fides, capability, and experience, and their compatibility
with United States interests and objectives.
SEC. 4. INCLUSION IN DEPARTMENT OF STATE EDUCATION AND CULTURAL
EXCHANGE PROGRAMS OF FOREIGN STUDENTS AND COMMUNITY
LEADERS FROM COUNTRIES AND POPULATIONS SUSCEPTIBLE TO
FOREIGN MANIPULATION.
The President shall ensure that when the Secretary of State is
selecting participants for United States educational and cultural
exchange programs, the Secretary of State gives special consideration
to students and community leaders from populations and countries the
Secretary deems vulnerable to foreign propaganda and disinformation
campaigns.
SEC. 5. REPORTS.
(a) In General.--Not later than one year after the establishment of
the Center, the President shall submit to the appropriate congressional
committees a report evaluating the success of the Center in fulfilling
the purposes for which it was authorized and outlining steps to improve
any areas of deficiency.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
SEC. 6. TERMINATION OF CENTER AND STEERING COMMITTEE.
The Center for Information Analysis and Response and the
interagency team established under section 2(c) shall terminate 15
years after the date of the enactment of this Act.
SEC. 7. RULE OF CONSTRUCTION REGARDING RELATIONSHIP TO INTELLIGENCE
AUTHORITIES AND ACTIVITIES.
Nothing in this Act shall be construed as superseding or modifying
any existing authorities governing the collection, sharing, and
implementation of intelligence programs and activities or existing
regulations governing the sharing of classified information and
programs.
|
Countering Foreign Propaganda and Disinformation Act This bill directs the Department of State to establish a Center for Information Analysis and Response to: coordinate the sharing among government agencies of information on foreign government information warfare efforts, establish a process for integrating information on foreign propaganda and disinformation efforts into national strategy, and develop and synchronize interagency activities to expose and counter foreign information operations directed against U.S. national security interests and advance narratives that support U.S. allies and interests. The President is authorized to designate a U.S. government official to lead an interagency team and to manage the center. The center may provide grants to or contract with specified entities to: support local independent media to refute foreign disinformation and manipulation in their communities, collect and store examples of disinformation and propaganda directed at the United States and its allies, analyze foreign government information warfare tactics and techniques, and support center efforts to counter foreign disinformation and propaganda efforts to influence the policies and social and political stability of the United States and its allies. The President shall ensure that the State Department, when selecting participants for U.S. educational and cultural exchange programs, gives special consideration to students and community leaders from populations and countries deemed vulnerable to foreign propaganda and disinformation campaigns. The center shall terminate 15 years after enactment of this Act.
|
{"src": "billsum_train", "title": "Countering Foreign Propaganda and Disinformation Act"}
| 2,315 | 283 | 0.702063 | 2.253174 | 0.857329 | 4.289157 | 8.64257 | 0.923695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pima County Land Adjustment Act''.
SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON, BLOOM, AND SAHUARITA
PROPERTIES, ARIZONA.
(a) Exchange Authorized.--If Las Cienegas Conservation, LLC,
conveys to the Secretary of the Interior all right, title, and interest
in and to the Empirita-Simonson property and the Bloom property, the
Secretary shall convey to Las Cienegas Conservation, LLC, all right,
title, and interest in and to the Sahuarita property.
(b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson
property and the Bloom property, the Secretary shall--
(1) modify the boundaries of the Las Cienegas National
Conservation Area to include the Empirita-Simonson property;
and
(2) modify the boundaries of the Saguaro National Park to
include the Bloom property.
(c) Time for Exchange.--Except as otherwise provided by this Act,
the land exchange authorized under this section shall be completed
prior to the expiration of the 90-day period beginning on the later of
the following dates:
(1) The date on which the title standards described in this
Act are met with regard to the properties to be conveyed to the
United States.
(2) The date on which the appraisals described in this Act
for the properties are approved by both the Secretary and Las
Cienegas Conservation, LLC, or in the case of a dispute
concerning an appraisal or appraisal issue arising under that
section, the date the dispute is resolved under that section.
(d) Water Rights.--
(1) Lands owned by pima county.--The exchange under this
section may not take place unless Neal Simonson (or his
successors in interest) and Pima County, Arizona, enter into an
agreement under which Neal Simonson (or his successors in
interest) relinquishes to Pima County any right to withdraw
water from lands owned by Pima County in section 17, township
17 south, range 18 east, Gila and Salt River Baseline and
Meridian.
(2) Empirita-simonson property.--The exchange under this
section may not take place unless Neal Simonson (or his
successors in interest) and the Secretary enter into an
agreement under which Neal Simonson (or his successors in
interest) limits his reserved withdrawal right on the Empirita-
Simonson property to maximum of 550 acre feet per year.
(e) Environmental Review.--As a condition of the exchange
authorized by this section, Las Cienegas Conservation, LLC, shall pay
direct costs incurred in connection with the environmental review and
any required mitigation of the selected lands.
(f) Endangered Species Act Review.--The Secretary shall review the
conveyance of the Sahuarita property under this section in accordance
with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(1)).
SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY.
(a) Acquisition of Tumamoc Hill Property.--
(1) In general.--Notwithstanding any other provision of
law, upon the expiration of the 30-day period beginning on the
date of the enactment of this Act, all right, title, and
interest to, and the right to immediate possession of, the
Tumamoc Hill property is hereby vested in the United States.
The Tumamoc Hill property shall remain subject to existing
easements of record.
(2) Compensation.--As consideration for the Tumamoc Hill
property acquired under paragraph (1) and as a condition of the
exchange under section 2, the Las Cienegas Conservation, LLC,
shall pay to the State of Arizona, State Land Department, an
amount equal to the agreed negotiated value of the Tumamoc Hill
property, determined as of the date of the acquisition, or the
just compensation determined by judgment.
(3) Determination of value by court.--In the absence of
agreement as to the amount of just compensation, the State of
Arizona or the Secretary may initiate a proceeding in the
United States District Court for the District of Arizona
seeking a determination of just compensation for the
acquisition of the Tumamoc Hill property.
(4) Withdrawal.--Subject to valid existing rights, upon
acquisition under this section, the Tumamoc Hill property is
withdrawn from--
(A) all forms of entry and appropriation under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(b) Conveyance.--
(1) In general.--Upon payment of costs under paragraph (2)
of this subsection and payment of compensation in accordance
with subsection (a)(2), the United States shall convey all
right, title, and interest of the United States to the Tumamoc
Hill property to Pima County.
(2) Costs.--Pima County shall pay all costs (not including
the compensation required under subsection (a)(2) associated
with the conveyance authorized by paragraph (1).
(3) Use of land.--Pima County shall--
(A) own and manage the property conveyed under
paragraph (1) in such a manner that the property shall
be preserved forever in its predominantly open, scenic,
undeveloped, and natural condition;
(B) promote the conservation purposes of the
property; and
(C) prevent any uses of the property that will
significantly impair or interfere with the biological
and cultural importance of the property.
(c) Reverter.--If the property conveyed under subsection (b) ceases
to be owned and managed in accordance with subsection (b), all right,
title, and interest to the property shall revert to the United States
to be used for those purposes, if the Secretary determines that such a
reversion is in the best interests of the United States.
SEC. 4. VALUATION OF LAND EXCHANGED.
(a) Exchange Valuation.--
(1) In general.--The values of the lands to be exchanged
under this Act shall be determined by the Secretary through
concurrent appraisals conducted in accordance with paragraph
(2).
(2) Appraisals.--
(A) In general.--An appraisal under this section
shall be--
(i) performed by an appraiser mutually
agreed to by the parties to the exchange;
(ii) performed in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions
(Department of Justice, 5th Edition,
December 20, 2000);
(II) the Uniform Standards of
Professional Appraisal Practice; and
(III) Forest Service appraisal
instructions; and
(iii) submitted to the Secretary for review
and approval.
(B) Reappraisals and updated appraised values.--
After the final appraised value of a parcel is
determined and approved under subparagraph (A), the
Secretary shall not be required to reappraise or update
the final appraised value.
(C) Deadline for appraisals.--All appraisals under
this Act shall be completed and submitted to the
Secretary and the party involved for approval before
the expiration of the 180-day period beginning on the
date of the enactment of this Act.
(D) Public review.--Before carrying out a land
exchange under this Act, the Secretary shall make
available for public review a summary of the appraisals
of the land to be exchanged.
(b) Values Deemed Equal.--If the values of lands to be exchanged
under section 2 are not found to be equal under the appraisals required
under this Act--
(1) the values shall be deemed to be equal for the purposes
of the land exchanges authorized under this Act;
(2) no equalization payment or land adjustment shall be
made based on the values; and
(3) a party to the exchange may decide not to move forward
with the exchange, if the land that party will transfer (or, in
the case of Las Cienegas Conservation, LLC, the land that party
will transfer plus the amount that party will pay under section
3(a)(2)) is determined to be of greater value than the land the
party will receive based on the appraisals required under this
Act.
SEC. 5. ADMINISTRATION OF LAND EXCHANGES.
(a) Title Standards.--The Secretary shall require that title to the
lands to be exchanged under this Act conform with the title standards
of the Attorney General of the United States.
(b) Corrections to Legal Descriptions.--By mutual agreement, the
Secretary and the party involved may adjust the legal descriptions
contained in this Act to correct errors or to make minor adjustments in
the boundaries of the lands to be exchanged.
(c) Deadline for Environmental Reviews.--Before the expiration of
the 180-day period beginning on the date of the enactment of this Act,
the Secretary shall complete all environmental reviews of lands to be
exchanged under this Act that are required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Elgin Landfill.--The boundary of the Las Cienegas National
Conservation Area is modified to exclude the 40-acre tract presently
leased by the Bureau of land management to the town of Elgin, Arizona,
for a sanitary landfill.
SEC. 6. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Empirita-simonson property.--The term ``Empirita-
Simonson property'' means the parcel of land consisting of
approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26,
and 36, township 17 south, range 18 east, Gila and Salt River
Base and Meridian.
(3) Bloom property.--The term ``Bloom property'' means the
parcel of land consisting of approximately 160 acres, as
generally depicted on the map titled ``Saguaro National Park,
Bloom Tract'' and dated April 17, 2007.
(4) Sahuarita property.--The term ``Sahuarita property''
means the parcel of land consisting of approximately 1,280
acres in sections 5, 7, and 8, township 17 south, range 15
east, Gila and Salt River Base and Meridian.
(5) Tumamoc hill property.--The term ``Tumamoc Hill
property'' means the parcel of land owned by the State of
Arizona consisting of approximately 290 acres in sections 9,
10, 15, and 16 township 14 south, range 13 east, Gila and Salt
River Base and Meridian, excluding approximately 30 acres of
landfill as shown on the map on file in the records of Pima
County, Arizona.
|
Pima County Land Adjustment Act - Requires the Secretary of the Interior (the Secretary) to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for the Empirita-Simonson property, which consists of approximately 2,490 acres, and the Bloom property, which consists of approximately 160 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property and the boundaries of the Saguaro National Park to include the Bloom property.
Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona, upon the county paying the value of such property to the State of Arizona, State Land Department.
Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract presently leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill.
|
{"src": "billsum_train", "title": "To provide for a land exchange involving certain Bureau of Land Management lands in Pima County, Arizona, for the purpose of consolidating Federal land ownership within the Las Cienegas National Conservation Area, and for other purposes."}
| 2,414 | 237 | 0.656705 | 2.152225 | 0.658982 | 5.138122 | 11.61326 | 0.950276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Transition Act of 1995''.
SEC. 2. FINDING.
The Congress finds that effective steps for improving the
efficiency and proper management of Government operations, including
enactment of a new law or laws to require (1) that the Federal
rulemaking process include cost/benefit analysis, including analysis of
costs resulting from the loss of property rights, and (2) for those
Federal regulations that are subject to risk analysis and risk
assessment that those regulations undergo standardized risk analysis
and risk assessment using the best scientific and economic procedures,
will be promoted if a moratorium on new rulemaking actions is imposed
and an inventory of such action is conducted.
SEC. 3. MORATORIUM ON REGULATIONS.
(a) Moratorium.--Until the end of the moratorium period, a Federal
agency may not take any regulatory rulemaking action, unless an
exception is provided under section 5. Beginning 30 days after the date
of the enactment of this Act, the effectiveness of any regulatory
rulemaking action taken or made effective during the moratorium period
but before the date of the enactment shall be suspended until the end
of the moratorium period, unless an exception is provided under section
5.
(b) Inventory of Rulemakings.--Not later than 30 days after the
date of the enactment of this Act, the President shall conduct an
inventory and publish in the Federal Register a list of all regulatory
rulemaking actions covered by subsection (a) taken or made effective
during the moratorium period but before the date of the enactment.
SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.
(a) In General.--Any deadline for, relating to, or involving any
action dependent upon, any regulatory rulemaking actions authorized or
required to be taken before the end of the moratorium period is
extended for 5 months or until the end of the moratorium period,
whichever is later.
(b) Deadline Defined.--The term ``deadline'' means any date certain
for fulfilling any obligation or exercising any authority established
by or under any Federal statute or regulation, or by or under any court
order implementing any Federal statute or regulation.
(c) Identification of Postponed Deadlines.--Not later than 30 days
after the date of the enactment of this Act, the President shall
identify and publish in the Federal Register a list of deadlines
covered by subsection (a).
SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not
apply to a regulatory rulemaking action if--
(1) the head of a Federal agency otherwise authorized to
take the action submits a written request to the Administrator
of the Office of Information and Regulatory Affairs within the
Office of Management and Budget and submits a copy thereof to
the appropriate committees of each House of the Congress;
(2) the Administrator of the Office of Information and
Regulatory Affairs within the Office of Management and Budget
finds in writing that a waiver for the action is (A) necessary
because of an imminent threat to health or safety or other
emergency, or (B) necessary for the enforcement of criminal
laws; and
(3) the Federal agency head publishes the finding and
waiver in the Federal Register.
(b) Exclusions.--The head of an agency shall publish in the Federal
Register any action excluded because of a certification under section
6(3)(B).
(c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall
not apply to a regulatory rulemaking action to establish or enforce any
statutory rights against discrimination on the basis of age, race,
religion, gender, national origin, or handicapped or disability status
except such rulemaking actions that establish, lead to, or otherwise
rely on the use of a quota or preference based on age, race, religion,
gender, national origin, or handicapped or disability status.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency as that term is defined in section 551(1) of title 5,
United States Code (relating to administrative procedure).
(2) Moratorium period.--The term ``moratorium period''
means the period of time--
(A) beginning November 20, 1994; and
(B) ending on the earlier of--
(i) the first date on which there have been
enacted one or more laws that--
(I) require that the Federal
rulemaking process include cost/benefit
analysis, including analysis of costs
resulting from the loss of property
rights; and
(II) for those Federal regulations
that are subject to risk analysis and
risk assessment, require that those
regulations undergo standardized risk
analysis and risk assessment using the
best scientific and economic
procedures; or
(ii) December 31, 1995;
except that in the case of a regulatory rulemaking action with
respect to determining that a species is an endangered species
or a threatened species under section 4(a)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(a)(1)) or designating
critical habitat under section 4(a)(3) of that Act (16 U.S.C.
1533(a)(3)), the term means the period of time beginning on the
date described in subparagraph (A) and ending on the earlier of
the first date on which there has been enacted after the date
of the enactment of this Act a law authorizing appropriations
to carry out the Endangered Species Act of 1973, or December
31, 1996.
(3) Regulatory rulemaking action.--
(A) In general.--The term ``regulatory rulemaking
action'' means any rulemaking on any rule normally
published in the Federal Register, including--
(i) the issuance of any substantive rule,
interpretative rule, statement of agency
policy, notice of inquiry, advance notice of
proposed rulemaking, or notice of proposed
rulemaking, and
(ii) any other action taken in the course
of the process of rulemaking (except a cost
benefit analysis or risk assessment, or both).
(B) Exclusions.--The term ``regulatory rulemaking
action'' does not include--
(i) any agency action that the head of the
agency and the Administrator of the Office of
Information and Regulatory Affairs within the
Office of Management and Budget certify in
writing is limited to repealing, narrowing, or
streamlining a rule, regulation, or
administrative process or otherwise reducing
regulatory burdens;
(ii) any agency action that the head of the
agency and the Administrator of the Office of
Information and Regulatory Affairs within the
Office of Management and Budget certify in
writing is limited to matters relating to
military or foreign affairs functions, statutes
implementing international trade agreements,
including all agency actions required by the
Uruguay Round Agreements Act, or agency
management, personnel, or public property,
loans, grants, benefits, or contracts;
(iii) any agency action that the head of
the agency and the Administrator of the Office
of Information and Regulatory Affairs within
the Office of Management and Budget certify in
writing is limited to a routine administrative
function of the agency;
(iv) any agency action that--
(I) is taken by an agency that
supervises and regulates insured
depository institutions, affiliates of
such institutions, credit unions, or
government sponsored housing
enterprises; and
(II) the head of the agency
certifies would meet the standards for
an exception or exclusion described in
this Act; or
(v) any agency action that the head of the
agency certifies is limited to interpreting,
implementing, or administering the internal
revenue laws of the United States.
(4) Rule.--The term ``rule'' means the whole or a part of
an agency statement of general or particular applicability and
future effect designed to implement, interpret, or prescribe
law or policy. Such term does not include the approval or
prescription, on a case-by-case or consolidated case basis, for
the future of rates, wages, corporation, or financial
structures or reorganizations thereof, prices, facilities,
appliances, services or allowances therefor, or of valuations,
costs, or accounting, or practices bearing on any of the
foregoing, nor does it include any action taken in connection
with the safety of aviation or any action taken in connection
with the implementation of monetary policy or to ensure the
safety and soundness of federally insured depository
institutions, any affiliate of such an institution, credit
unions, or government sponsored housing enterprises or to
protect the Federal deposit insurance funds. Such term also
does not include granting an application for a license,
registration, or similar authority, granting or recognizing an
exemption, granting a variance or petition for relief from a
regulatory requirement, or other action relieving a restriction
(including any agency action which establishes, modifies, or
conducts a regulatory program for a recreational or subsistence
activity, including but not limited to hunting, fishing, and
camping, if a Federal law prohibits the recreational or
subsistence activity in the absence of the agency action) or
taking any action necessary to permit new or improved
applications of technology or allow the manufacture,
distribution, sale, or use of a substance or product.
(5) Rulemaking.--The term ``rulemaking'' means agency
process for formulating, amending, or repealing a rule.
(6) License.--The term ``license'' means the whole or part
of an agency permit, certificate, approval, registration,
charter, membership, statutory exemption, or other form of
permission.
(7) Imminent threat to health or safety.--The term
``imminent threat to health or safety'' means the existence of
any condition, circumstance, or practice reasonably expected to
cause death, serious illness, or severe injury to humans, or
substantial endangerment to private property during the
moratorium period.
SEC. 7. LIMITATION ON CIVIL ACTIONS.
No private right of action may be brought against any Federal
agency for a violation of this Act. This prohibition shall not affect
any private right of action or remedy otherwise available under any
other law.
SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY.
(a) Applicability.--This Act shall apply notwithstanding any other
provision of law.
(b) Severability.--If any provision of this Act, or the application
of any provision of this Act to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this Act, shall not be affected
thereby.
SEC. 9. REGULATIONS TO AID BUSINESS COMPETITIVENESS.
Section 3(a) or 4(a), or both, shall not apply to any of the
following regulatory rulemaking actions (or any such action relating
thereto):
(1) Conditional release of textile imports.--A final rule
published on December 2, 1994 (59 Fed. Reg. 61798), to provide
for the conditional release by the Customs Service of textile
imports suspected of being imported in violation of United
States quotas.
(2) Textile imports.--Any action which the head of the
relevant agency and the Administrator of the Office of
Information and Regulatory Affairs certify in writing is a
substantive rule, interpretive rule, statement of agency
policy, or notice of proposed rulemaking to interpret,
implement, or administer laws pertaining to the import of
textiles and apparel including section 334 of the Uruguay Round
Agreements Act (P.L. 103-465), relating to textile rules of
origin.
(3) Customs modernization.--Any action which the head of
the relevant agency and the Administrator of the Office of
Information and Regulatory Affairs certify in writing is a
substantive rule, interpretive rule, statement of agency
policy, or notice of proposed rulemaking to interpret,
implement, or administer laws pertaining to the customs
modernization provisions contained in title VI of the North
American Free Trade Agreement Implementation Act (P.L. 103-
182).
(4) Actions with respect to china regarding intellectual
property protection and market access.--A regulatory rulemaking
action providing notice of a determination that the People's
Republic of China's failure to enforce intellectual property
rights and to provide market access is unreasonable and
constitutes a burden or restriction on United States commerce,
and a determination that trade action is appropriate and that
sanctions are appropriate, taken under section
304(a)(1)(A)(ii), section 304(a)(1)(B), and section 301(b) of
the Trade Act of 1974 and with respect to which a notice of
determination was published on February 7, 1995 (60 Fed. Reg.
7230).
(5) Transfer of spectrum.--A regulatory rulemaking action
by the Federal Communications Commission to transfer 50
megahertz of spectrum below 5 GHz from government use to
private use, taken under the Omnibus Budget Reconciliation Act
of 1993 and with respect to which notice of proposed rulemaking
was published at 59 Federal Register 59393.
(6) Personal communications services licenses.--A
regulatory rulemaking action by the Federal Communications
Commission to establish criteria and procedures for issuing
licenses utilizing competitive bidding procedures to provide
personal communications services--
(A) taken under section 309(j) of the
Communications Act and with respect to which a final
rule was published on December 7, 1994 (59 Fed. Reg.
63210); or
(B) taken under sections 3(n) and 332 of the
Communications Act and with respect to which a final
rule was published on December 2, 1994 (59 Fed. Reg.
61828).
(7) Wide-area specialized mobile radio licenses.--A
regulatory rulemaking action by the Federal Communications
Commission to provide for competitive bidding for wide-area
specialized mobile radio licenses, taken under section 309(j)
of the Communications Act and with respect to which a proposed
rule was published on February 14, 1995 (60 Fed. Reg. 8341).
(8) Improved trading opportunities for regional
exchanges.--A regulatory rulemaking action by the Securities
and Exchange Commission to provide for increased competition
among the stock exchanges, taken under the Unlisted Trading
Privileges Act of 1994 and with respect to which proposed
rulemaking was published on February 9, 1995 (60 Fed. Reg.
7718).
SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RESPECT TO SMALL
BUSINESSES.
(a) Delay Effectiveness.--For any rule resulting from a regulatory
rulemaking action that is suspended or prohibited by this Act, the
effective date of the rule with respect to small businesses may not
occur before six months after the end of the moratorium period.
(b) Small Business Defined.--In this section, the term ``small
business'' means any business with 100 or fewer employees.
Passed the House of Representatives February 24, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
|
Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions, with certain emergency exceptions for designated imminent threats to health or safety, actions necessary for enforcement of criminal laws, and actions to establish or enforce specified civil rights. (Sec. 3) Extends such moratorium from November 20, 1994, until the earlier of December 31, 1995, or the first date on which there have been enacted one or more laws that: (1) require the Federal rulemaking process to include cost-benefit analysis (including analysis of costs resulting from the loss of property rights); and (2) for those Federal regulations subject to risk analysis and risk assessment, require that they undergo standardized risk analysis and risk assessment using the best scientific and economic procedures. Sets a special moratorium period for regulatory rulemaking action with respect to determining an endangered species or a threatened species, or designating a critical habitat, under the Endangered Species Act of 1973. Extends such moratorium from November 20, 1994, through the earlier of December 31, 1996, or the first date on which there has been enacted (after enactment of this Act) a law authorizing appropriations to carry out the Endangered Species Act of 1973. Suspends (subject to emergency, criminal law enforcement, and civil rights exceptions), starting 30 days after enactment of this Act, until the end of the moratorium period, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before enactment of this Act. (Sec. 4) Extends for five months or until the end of the moratorium period, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective, and any statutory, regulatory, and judicial deadlines falling, during the moratorium period but before the date of enactment of this Act. (Sec. 6) Excludes from the meaning of rule (and so exempt from this moratorium): (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (2) any action taken in connection with the safety of aviation, the implementation of monetary policy, the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises, or the protection of Federal deposit insurance funds; and (3) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. Specifies that moratorium-exempt agency actions to relieve restrictions include any action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits such activity in the absence of agency action. (Sec. 7) Declares that no private right of action may be brought against any Federal agency for violation of this Act. States that this prohibition shall not affect any private right of action or remedy otherwise available under any other law. (Sec. 9) Exempts from the moratorium imposed by this Act specified regulatory rulemaking actions (or any related action) dealing with: (1) textile imports; (2) customs modernization; (3) intellectual property protection and market access in China; (4) Federal Communications Commission transfer of 50 megahertz of spectrum below 5 GHz from government to private use; (5) personal communications services licenses; (6) wide-area specialized mobile radio licenses; and (7) improved trading opportunities for regional exchanges. (Sec. 10) Delays until six months after the end of the moratorium period the effective date of any rule with respect to small businesses (with 100 or fewer employees) that resulted from a regulatory rulemaking action suspended or prohibited by this Act.
|
{"src": "billsum_train", "title": "Regulatory Transition Act of 1995"}
| 3,299 | 996 | 0.783008 | 2.817312 | 0.661864 | 5.171495 | 3.464658 | 0.960603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Chesapeake Bay Office
Reauthorization Act of 2001''.
SEC. 2. CHESAPEAKE BAY OFFICE.
(a) Establishment.--Section 307(a) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d(a)) is amended--
(1) in paragraph (1), by striking ``Estuarine Resources'';
and
(2) by amending paragraph (2) to read as follows:
``(2) The Secretary of Commerce shall appoint as Director
of the Office an individual who has knowledge of and experience
in research or resource management efforts in the Chesapeake
Bay.''.
(b) Functions.--
(1) Section 307(b)(3) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d(b)(3)) is amended to read as follows:
``(3) facilitate coordination of the programs and
activities of the various organizations and facilities within
the National Oceanic and Atmospheric Administration, the
Chesapeake Bay units of the National Estuarine Research Reserve
System, the Chesapeake Bay Regional Sea Grant Programs, and the
Cooperative Oxford Lab, including--
``(A) programs and activities in--
``(i) coastal and estuarine research,
monitoring, and assessment;
``(ii) fisheries research and stock
assessments;
``(iii) data management;
``(iv) remote sensing;
``(v) coastal management;
``(vi) habitat conservation and
restoration; and
``(vii) atmospheric deposition; and
``(B) programs and activities of the Cooperative
Oxford Laboratory of the National Ocean Service with
respect to--
``(i) nonindigenous species;
``(ii) marine species pathology;
``(iii) human pathogens in marine
environments; and
``(iv) ecosystems health;''.
(2) Section 307(b)(7) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d(b)(7)) is amended by striking the period at the end and
inserting the following: ``, which report shall include an
action plan consisting of--
``(A) a list of recommended research, monitoring,
and data collection activities necessary to continue
implementation of the strategy described in paragraph
(2); and
``(B) proposals for--
``(i) continuing and new National Oceanic
and Atmospheric Administration activities in
the Chesapeake Bay; and
``(ii) the integration of those activities
with the activities of the partners in the
Chesapeake Bay Program to meet the commitments
of the Chesapeake 2000 agreement and subsequent
agreements.''.
(c) Conforming Amendment.--Section 307 of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d)
is amended by striking the section heading and inserting the following:
``SEC. 307. CHESAPEAKE BAY OFFICE.''.
SEC. 3. MULTIPLE SPECIES MANAGEMENT STRATEGY; CHESAPEAKE BAY FISHERY
AND HABITAT RESTORATION SMALL GRANTS PROGRAM; COASTAL
PREDICTION CENTER.
The National Oceanic and Atmospheric Administration Authorization
Act of 1992 is amended by inserting after section 307 (15 U.S.C. 1511d)
the following:
``SEC. 307A. MULTIPLE SPECIES MANAGEMENT STRATEGY.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Director of the Chesapeake Bay Office of
the National Oceanic and Atmospheric Administration shall commence a 5-
year study, in cooperation with the scientific community of the
Chesapeake Bay and appropriate Federal agencies--
``(1) to determine and expand the understanding of the role
and response of living resources in the Chesapeake Bay
ecosystem; and
``(2) to develop a multiple species management strategy for
the Chesapeake Bay.
``(b) Required Elements of Study.--In order to improve the
understanding necessary for the development of the strategy under
subsection (a), the study shall--
``(1) determine the current status and trends of fish and
shellfish that live in the Chesapeake Bay estuary and are
selected for study;
``(2) evaluate and assess interactions among the fish and
shellfish described in paragraph (1) and other living
resources, with particular attention to the impact of changes
within and among trophic levels; and
``(3) recommend management actions to optimize the return
of a healthy and balanced ecosystem for the Chesapeake Bay.
``SEC. 307B. CHESAPEAKE BAY FISHERY AND HABITAT RESTORATION SMALL
GRANTS PROGRAM.
``(a) In General.--The Director of the Chesapeake Bay Office of the
National Oceanic and Atmospheric Administration (referred to in this
section as the `Director'), in cooperation with the Chesapeake
Executive Council (as defined in section 307(e)), shall carry out a
community-based fishery and habitat restoration small grants and
technical assistance program in the Chesapeake Bay watershed.
``(b) Projects.--
``(1) Support.--The Director shall make grants under the
program under subsection (a) to pay the Federal share of the
cost of projects that are carried out by eligible entities
described in subsection (c) for the restoration of fisheries
and habitats in the Chesapeake Bay.
``(2) Federal share.--The Federal share of the cost of a
project under paragraph (1) shall not exceed 75 percent of the
total cost of that project.
``(3) Types of projects.--Projects for which grants may be
made under the program include--
``(A) the improvement of fish passageways;
``(B) the creation of natural or artificial reefs
or substrata for habitats;
``(C) the restoration of wetland or sea grass;
``(D) the production of oysters for restoration
projects; and
``(E) the identification and characterization of
contaminated habitats, and the development of
restoration plans for those habitats in the Chesapeake
Bay watershed.
``(c) Eligible Entities.--The following entities are eligible to
receive grants under the program under this section:
``(1) The government of a political subdivision of a State
in the Chesapeake Bay watershed and the Government of the
District of Columbia.
``(2) An organization in the Chesapeake Bay watershed (such
as an educational institution or a community organization) that
is described in section 501(c) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of the
Code.
``(d) Additional Requirements.--The Director may prescribe any
additional requirements, including procedures, that the Director
considers necessary to carry out the program under this section.
``SEC. 307C. COASTAL PREDICTION CENTER.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Chesapeake Bay
Office of the National Oceanic and Atmospheric Administration
(referred to in this section as the `Director'), in
collaboration with regional scientific institutions, shall
establish a coastal prediction center for the Chesapeake Bay
(referred to in this section as the `center').
``(2) Purpose of center.--The center shall serve as a
knowledge bank for--
``(A) assembling, integrating, and modeling coastal
information and data from appropriate government
agencies and scientific institutions;
``(B) interpreting the data; and
``(C) organizing the data into predictive products
that are useful to policy makers, resource managers,
scientists, and the public.
``(b) Activities.--
``(1) Information and prediction system.--The center shall
develop an Internet-based information system for integrating,
interpreting, and disseminating coastal information and
predictions concerning--
``(A) climate;
``(B) land use;
``(C) coastal pollution;
``(D) coastal environmental quality;
``(E) ecosystem health and performance;
``(F) aquatic living resources and habitat
conditions; and
``(G) weather, tides, currents, and circulation
that affect the distribution of sediments, nutrients,
and organisms, coastline erosion, and related physical
and chemical events within the Chesapeake Bay and the
tributaries of the Chesapeake Bay.
``(2) Agreements to provide data, information, and
support.--The Director may enter into agreements with other
entities of the National Oceanic and Atmospheric
Administration, other appropriate Federal, State, and local
government agencies, and academic institutions, to provide and
interpret data and information, and provide appropriate
support, relating to the activities of the center.
``(3) Agreements relating to information products.--The
Director may enter into grants, contracts, and interagency
agreements with eligible entities for the collection,
processing, analysis, interpretation, and electronic
publication of information products for the center.''.
SEC. 4. ENVIRONMENTAL EDUCATION.
The National Oceanic and Atmospheric Administration Authorization
Act of 1992 is amended by inserting after section 307C (as added by
section 3) the following:
``SEC. 307D. ENVIRONMENTAL EDUCATION PILOT PROGRAM.
``(a) Pilot Program Established.--Not later than 180 days after the
date of enactment of this section, the Director, in cooperation with
the Chesapeake Executive Council, shall establish the Chesapeake Bay
Environmental Education Program to improve the understanding of
elementary and secondary school students and teachers of the living
resources of the ecosystem of the Chesapeake Bay, and to meet the
educational goals of the Chesapeake 2000 agreement.
``(b) Grant Program.--
``(1) In general.--The Director, through the pilot program
established under subsection (a), shall make grants to not-for-
profit institutions (or consortia of such institutions) to pay
the federal share of the cost of programs described in
paragraph (3).
``(2) Criteria.--The Director shall award grants under this
subsection based on the experience of the applicant in
providing environmental education and training programs
regarding the Chesapeake Bay watershed to a range of
participants and in a range of settings.
``(3) Functions and Activities.--Grants awarded under this
subsection may be used to support education and training
programs that--
``(A) provide classroom education, including the
use of distance learning technologies, on the issues,
science, and problems of the living resources of the
Chesapeake Bay watershed;
``(B) provide meaningful outdoor experience on the
Chesapeake Bay, or on a stream or in a local watershed
of the Chesapeake Bay, in the design and implementation
of field studies, monitoring and assessments, or
restoration techniques for living resources;
``(C) provide professional development for teachers
related to the science of the Chesapeake Bay watershed
and the dissemination of pertinent education materials
oriented to varying grade levels;
``(D) demonstrate or disseminate environmental
educational tools and materials related to the
Chesapeake Bay watershed;
``(E) demonstrate field methods, practices and
techniques including assessment of environmental and
ecological conditions and analysis of environmental
problems; and
``(F) develop or disseminate projects designed to--
``(i) enhance understanding and assessment
of a specific environmental problem in the
Chesapeake Bay watershed or of a goal of the
Chesapeake Bay Program; or
``(ii) protect or restore living resources
of the Chesapeake Bay watershed.
``(4) Federal share.--The Federal share of the cost of a
program under paragraph (1) shall not exceed 75 percent of the
total cost of that program.
``(5) Program review.--Not later than 1 year after the date
on which the Director awards the first grant under this
subsection, and annually thereafter, the Director shall conduct
a detailed review and evaluation of the programs supported by
grants awarded under this subsection to determine whether the
quality of the content, delivery, and outcome of the program
warrants continued support.
``(c) Procedures.--The Director shall establish procedures,
including safety protocols, as necessary for carrying out the purposes
of this section.
``(d) Termination and Report.--
``(1) Termination.--The program established under this
section shall be effective during the 4-year period beginning
on October 1, 2001.
``(2) Report.--Not later than December 31, 2005, the
Director, in consultation with the Chesapeake Executive
Council, shall submit a report through the Administrator of
National Oceanic and Atmospheric Administration to Congress
regarding this program and, on the appropriate role of Federal,
State and local governments in continuing the program
established under this section.
``(e) Definition.--In this section, the term `Chesapeake 2000
agreement' means the agreement between the United States, the States of
Maryland, Pennsylvania, and Virginia, and the District of Columbia
entered into on June 28, 2000.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 307(d) of the National Oceanic and
Atmospheric Administration Authorization Act of 1992 (15 U.S.C.
1511d(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Department of Commerce for the Chesapeake Bay Office
$8,000,000 for each of fiscal years 2002 through 2005.
``(2) Amounts for programs.--Of the amount authorized to be
appropriated for each fiscal year under paragraph (1)--
``(A) not more than $2,500,000 shall be available
to operate the Chesapeake Bay Office and to carry out
section 307A;
``(B) not more than $1,000,000 shall be available
to carry out section 307B;
``(C) not more than $500,000 shall be available to
carry out section 307C; and
``(D) not more than $2,000,000 shall be available
to carry out section 307D.''.
(b) Conforming Amendment.--Section 2 of the National Oceanic and
Atmospheric Administration Marine Fisheries Program Authorization Act
(97 Stat. 1409) is amended by striking subsection (e), as added by
section 307(d) of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (106 Stat. 4285).
SEC. 6. TECHNICAL CORRECTION.
Section 307(b) of the National Oceanic and Atmospheric
Administration Authorization Act of 1992 (15 U.S.C. 1511d(b)) is
amended by striking ``Chesapeake Bay Executive Council'' and inserting
``Chesapeake Executive Council''.
|
NOAA Chesapeake Bay Office Reauthorization Act of 2001 - Amends the National Oceanic and Atmospheric Administration Authorization Act of 1992 to: (1) rename the Chesapeake Bay Estuarine Resources Office as the Chesapeake Bay Office (the Office); (2) require that the Office be administered by the Office of the Under Secretary of Commerce for Oceans and Atmosphere; (3) revise the functions of the Office; (4) require a five-year study concerning living resources of the Chesapeake Bay and a multiple species management strategy for the Chesapeake Bay; (5) require a community-based fishery and habitat restoration small grants and technical assistance program in the Chesapeake Bay watershed; (6) establish a coastal prediction center for the Chesapeake Bay; and (7) establish the Chesapeake Bay Environmental Education Program.
|
{"src": "billsum_train", "title": "A bill to amend the National Oceanic and Atmospheric Administration Authorization Act of 1992 to revise and enhance authorities, and to authorize appropriations, for the Chesapeake Bay Office, and for other purposes."}
| 3,484 | 202 | 0.574211 | 1.527061 | 0.783349 | 3.728477 | 19.668874 | 0.92053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Packer and Producer
Fairness Act of 2002''.
SEC. 2. REQUIRED SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
(a) In General.--Chapter 5 of subtitle B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at
the end of the following new section:
``SEC. 260. REQUIRED SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
``(a) Definitions.--In this section--
``(1) Cooperative.--The term `cooperative' has the meaning
given the term `cooperative association of producers' in
section 1a of the Commodity Exchange Act (7 U.S.C. 1a).
``(2) Covered packer.--The term `covered packer' means a
packer that is required under this subtitle to report to the
Secretary each reporting day information on the price and
quantity of livestock purchased by the packer. The term does
not include a packer that owns only one livestock processing
plant.
``(3) Nonaffiliated producer.--The term `nonaffiliated
producer' means a producer that--
``(A) sells livestock to a packer in which the
packer has no equity interest;
``(B) has less than one percent equity interest in
the packer and the packer has less than one percent
equity interest in the producer;
``(C) has no officers, directors, employees, or
owners that are officers, directors, employees, or
owners of the packer; and
``(D) has no fiduciary responsibility to the
packer.
``(4) Spot market purchase.--The term `spot market
purchase' means the purchase of livestock by a packer under
circumstances in which--
``(A) the purchase agreement specifies a firm base
price that may be equated with a fixed dollar amount on
the day the agreement is entered into;
``(B) the livestock are to be slaughtered not more
than seven days after the date of the agreement;
``(C) no other written or oral agreement precludes
the seller of the livestock from soliciting or
receiving bids from other packers; and
``(D) no circumstances, customs, or practices exist
that establishes the existence of an implied contract,
as defined by the Uniform Commercial Code, or precludes
the seller of the livestock from soliciting or
receiving bids from other packers.
``(b) Spot Market Purchases Required.--Of the quantity of livestock
slaughtered by a covered packer during each reporting day in each plant
of the packer, the covered packer shall slaughter not less than the
applicable percentage specified in subsection (c) or (d) of livestock
that were purchased by the packer through spot market purchases from
nonaffiliated producers.
``(c) Applicable Percentages.--Except as provided in subsection
(d), the applicable percentage shall be--
``(1) 12.5 percent for a covered packer that is a
cooperative; and
``(2) 25 percent for a covered packer that is not a
cooperative.
``(d) Transitional Percentages.--
``(1) Special rule for cooperatives.--In the case of a
covered packer that is a cooperative and that reported more
than 87.5 percent captive supply cattle in its 2001 annual
report to the Secretary, the applicable percentage shall be the
greater of--
``(A) the difference between 100 and the percentage
of captive supply so reported; and
``(B) the following percentages:
``(i) During each of the calendar years of
2004 and 2005, 5 percent.
``(ii) During each of the calendar years of
2006 and 2007, 7.5 percent.
``(iii) During the calendar year 2008 and
each calendar year thereafter, 12.5 percent.
``(2) Special rule for other covered packers.--In the case
of a covered packer that is not a cooperative and that reported
more than 87.5 percent captive supply cattle in its 2001 annual
report to the Secretary, the applicable percentage shall be the
greater of--
``(A) the difference between 100 and the percentage
of captive supply so reported; and
``(B) the following percentages:
``(i) During each of the calendar years of
2004 and 2005, 5 percent.
``(ii) During each of the calendar years of
2006 and 2007, 15 percent.
``(iii) During the calendar year 2008 and
each calendar year thereafter, 25 percent.
``(e) Rule of Construction.--Nothing in this section shall affect
the interpretation of any other provision of this Act, including
section 202.''.
(b) Nonpreemption.--Section 259 of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1636h) is amended--
(1) by inserting ``(a) Reporting and Publication of
Information.--'' after ``In order''; and
(2) by adding at the end of the following new subsection:
``(b) Spot Market Purchases.--This section does not preempt any
requirement of a State or political subdivision of a State that
requires a packer to purchase on the spot market a greater percentage
of the livestock purchased by the packer than is required under section
260.''.
(c) Application of Amendment.--The amendment made by subsection (a)
shall apply to covered producers (as defined in such amendment)
beginning January 1, 2004.
|
Livestock Packer and Producer Fairness Act of 2002 - Amends the Agricultural Marketing Act of 1946 to establish minimum per plant per reporting day purchase and slaughter requirements through spot purchases from nonaffiliated producers for a covered packer: (1) that is a cooperative; and (2) that is not a cooperative.Sets forth transitional requirements for a covered packer with a specified captive cattle supply.Defines "cooperative," "covered packer," "nonaffiliated producer," and "spot market purchase."
|
{"src": "billsum_train", "title": "To amend the Agricultural Marketing Act of 1946 to increase competition and transparency among packers required to report information on the price and quantity of livestock purchased by the packer."}
| 1,276 | 114 | 0.633664 | 1.5831 | 0.634378 | 2.095745 | 11.851064 | 0.797872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Diplomatic Accountability Act
of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On December 3, 2007, the National Intelligence
Estimate, representing the consensus view of 16 intelligence
agencies, concluded that Iran had once had a covert nuclear
weapons program.
(2) The National Intelligence Estimate also found that Iran
had halted its covert nuclear weapons program in 2003 and that
this program remains frozen.
(3) The NIE concluded that Iran's leadership was quite
sensitive to international views and wanted to avoid
international confrontation and made a ``cost-benefit''
decision regarding whether or not to have such a program.
(4) Serious concerns still remain about the Government of
Iran's intentions and behavior with respect to the development
of nuclear weapons, especially regarding its fuel enrichment
program and the speed with which it might reconstitute its
suspended nuclear weapons program.
(5) Hostile official rhetoric exacerbates tensions and
reinforces misunderstandings and animus between the people of
the United States and Iran.
(6) The United States should enlist the support of all
interested parties to the region, including the IAEA, to
establish a program to ensure that Iran's nuclear weapons
program is terminated permanently, that its nuclear energy
program is brought fully under IAEA inspection and control, and
that all diplomatic tools are utilized to achieve these
objectives.
(7) A diplomatic solution that includes direct,
unconditional, bilateral, and comprehensive talks with the
Government of Iran is the only way to resolve long-standing
tensions between the United States and Iran.
SEC. 3. APPOINTMENT OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY.
(a) Appointment.--At the earliest possible date, the President
shall appoint a high-level United States representative or special
envoy for Iran.
(b) Criteria for Appointment.--The President shall appoint an
individual under subsection (a) on the basis of the individual's
knowledge and understanding of the issues regarding Iran's nuclear
program, experience in conducting international negotiations, and
ability to conduct negotiations under subsection (c) with the respect
and trust of the parties involved in the negotiations.
(c) Duties.--The high-level United States representative or special
envoy for Iran shall--
(1) seek to conduct direct, unconditional, bilateral
negotiations with Iran for the purpose of easing tensions and
normalizing relations between the United States and Iran;
(2) consult with other countries and international
organizations, including countries in the region, where
appropriate and when necessary to achieve the purpose set forth
in paragraph (1);
(3) act as liaison with United States and international
intelligence agencies where appropriate and when necessary to
achieve the purpose set for in paragraph (1); and
(4) ensure that the bilateral negotiations under paragraph
(1) complement the ongoing international negotiations with
Iran.
SEC. 4. OFFICE OF HIGH-LEVEL U.S. REPRESENTATIVE OR SPECIAL ENVOY.
Not later than 30 days after the appointment of a high-level United
States representative or special envoy under section 3(a), the
Secretary of State shall establish in the Department of State an office
for the purpose of supporting the work of the representative or special
envoy.
SEC. 5. REPORTING TO CONGRESS.
(a) Reports.--Not later than 60 days after the high-level United
States representative or special envoy for Iran is appointed under
section 3, and every 180 days thereafter, the United States
representative or special envoy shall report to the committees set
forth in subsection (b) on the status and progress of negotiations
conducted under section 3(c). Each such report may, when necessary or
appropriate, be submitted in classified and unclassified form.
(b) Committees.--The committees referred to in subsection (a) are--
(1) the Committee on Appropriations, the Committee on
Foreign Affairs, the Committee on Armed Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on
Foreign Relations, the Committee on Armed Services, and the
Select Committee on Intelligence of the Senate.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2008 and 2009.
|
Iran Diplomatic Accountability Act of 2008 - Directs: (1) the President to appoint a high-level U.S. representative or special envoy for Iran for the purpose of easing tensions and normalizing relations between the United States and Iran; and (2) the Secretary of State to establish a Department of State office to support the work of such representative or special envoy.
|
{"src": "billsum_train", "title": "To provide for the appointment of a high-level United States representative or special envoy for Iran for the purpose of easing tensions and normalizing relations between the United States and Iran."}
| 964 | 85 | 0.541017 | 1.318489 | 0.691855 | 4.376812 | 13.014493 | 0.985507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing
Competitiveness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The competitiveness of manufacturing industries in the
United States must be a priority for the United States
Government.
(2) Antidumping and countervailing duty laws of the United
States are in the interest of the United States, when applied
in an objective and fair manner, to prevent unfair pricing and
subsidized competition.
(3) Imposing antidumping and countervailing duties may harm
United States industrial users of imported goods or domestic
like products, because those users rely on such goods to
manufacture products in the United States.
(4) Current law does not permit United States industrial
users to participate fully in antidumping or countervailing
duty cases that might affect their businesses substantially;
nor can decisionmakers in these cases consider, under United
States law, the effects on United States industrial users in
determining whether to impose antidumping or countervailing
duties.
(5) It is a matter of fundamental fairness that businesses
in the United States that may be affected by antidumping and
countervailing duties should be able to participate
meaningfully in the process by which decisions regarding those
duties are made.
(6) In order to ensure economically sound decisions and the
health of United States manufacturers, the benefits of imposing
antidumping and countervailing duties should be balanced
against the economic harm caused by imposing those duties, and
antidumping and countervailing duties should not be imposed if
the harm is greater than the benefits of imposing such duties.
SEC. 3. PARTICIPATION OF INDUSTRIAL USERS IN COUNTERVAILING AND
ANTIDUMPING DUTY PROCEEDINGS.
Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is
amended as follows:
(1) Section 701(a) (19 U.S.C. 1671(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by adding ``and'' after ``merchandise for
importation,'' at the end of paragraph (2); and
(C) by inserting after paragraph (2) the following:
``(3) the Commission determines that the imposition of a
countervailing duty on such merchandise equal to the amount of
the net countervailable subsidy would result in greater
benefits to that United States industry than harm to United
States industrial users,''.
(2) Section 702(b)(4)(B) (19 U.S.C. 1671a(b)(4)(B)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
(3) Section 703 (19 U.S.C. 1671b) is amended--
(A) in subsection (a)(1), in the first sentence, by
striking ``and that imports of the subject merchandise
are not negligible'' and inserting ``, that imports of
the subject merchandise are not negligible, and that
the imposition of a countervailing duty on the subject
merchandise equal to the amount of the net
countervailable subsidy would result in greater
benefits to that United States industry than harm to
United States industrial users''; and
(B) in subsection (b)(3), by striking ``or (G)''
each place it appears and inserting ``(G), or (H)''.
(4) Section 704(a)(2)(B) (19 U.S.C. 1671c(a)(2)(B)) is
amended--
(A) in clause (i), by inserting ``(other than
United States industrial users)'' after ``consumers'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(D) by adding after clause (iii) the following:
``(iv) the relative impact on the
competitiveness of United States industrial
users, including, but not limited to, any such
impact on employment by and investment in
United States industrial users.''.
(5) Section 704(g)(2) (19 U.S.C. 1671c(g)(2)) is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(6) Section 704(h)(1) (19 U.S.C. 1671c(h)(1)) is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(7) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended in
the first sentence, by inserting before the period the
following: ``, and whether the imposition of a countervailing
duty on the subject merchandise in an amount equal to the net
countervailable subsidy would result in greater benefits to
that United States industry than harm to United States
industrial users''.
(8) Section 731 (19 U.S.C. 1673) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by adding ``and'' after ``that merchandise for
importation,'' at the end of paragraph (2); and
(C) by inserting after paragraph (2) the following:
``(3) the Commission determines that the imposition of an
antidumping duty on the subject merchandise under this subtitle
would result in greater benefits to that United States industry
than harm to United States industrial users,''.
(9) Section 732(b)(3)(B) (19 U.S.C. 1673a(b)(3)(B)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
(10) Section 733 (19 U.S.C. 1673b) is amended--
(A) in subsection (a), in the first sentence, by
striking ``and that imports of the subject merchandise
are not negligible'' and inserting ``, that imports of
the subject merchandise are not negligible, and that
the imposition of an antidumping duty on the subject
merchandise under this subtitle would result in greater
benefits to that United States industry than harm to
United States industrial users''; and
(B) in subsection (b)(2), by striking ``or (G)''
each place it appears and inserting ``(G), or (H)''.
(11) Section 734(a)(2)(B) (19 U.S.C. 1673c(a)(2)(B)) is
amended--
(A) in clause (i), by inserting ``(other than
United States industrial users)'' after ``consumers'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(D) by adding after clause (iii) the following:
``(iv) the relative impact on the
competitiveness of United States industrial
users, including, but not limited to, any such
impact on employment by and investment in
United States industrial users.''.
(12) Section 734(g)(2) (19 U.S.C. 1673c(g)(2)) is amended
by striking ``or (G)'' and inserting ``(G), or (H)''.
(13) Section 734(h)(1) (19 U.S.C. 1673c(h)(1)) is amended
by striking ``or (G)'' and inserting ``(G), or (H)''.
(14) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is amended
in the first sentence, by inserting before the period the
following: ``, and whether the imposition of an antidumping
duty on the subject merchandise under this subtitle would
result in greater benefits to that United States industry than
harm to United States industrial users''.
(15) Section 736(c) (19 U.S.C. 1673e(c)) is amended--
(A) in paragraph (1)(C), by inserting ``United
States industrial user,'' after ``producer,'' the first
place it appears; and
(B) in paragraph (4)(A), by striking ``or (G)'' and
inserting ``(G), or (H)''.
(16) Section 751 (19 U.S.C. 1675) is amended--
(A) in subsection (b)(2)--
(i) in subparagraph (A), by inserting after
``material injury,'' the following: ``and (if
that determination is affirmative) whether
continuing the countervailing duty order or
antidumping duty order or finding would result
in greater benefits to the United States
industry than harm to United States industrial
users,''; and
(ii) in subparagraph (C), by inserting
after ``material injury'' the following: ``,
and (if the latter determination is
affirmative) whether continuing the suspended
investigation would result in greater benefits
to the United States industry than harm to
United States industrial users'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting before
the period at the end the following: ``, and
(if that determination is affirmative) whether
continuing the countervailing duty order or
antidumping duty order, or continuing the
suspended investigation, would result in
greater benefits to the United States industry
than harm to United States industrial users'';
(ii) in paragraph (3)(A), by striking ``and
(G)'' and inserting ``(G), or (H)''; and
(iii) in paragraph (4)--
(I) in subparagraph (A), by
striking ``or (B)'' and inserting ``,
(B), or (H)''; and
(II) in subparagraph (B), by
inserting ``described in section
771(9)(A) or (B)'' after ``an
interested party''; and
(C) in subsection (d)(2)(B), by inserting before
the period the following: ``and that continuation of
the order, finding, or investigation, as the case may
be, would result in greater benefits to the United
States industry than harm to United States industrial
users''.
(17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) is amended--
(A) in the first sentence, by inserting before the
period the following: ``, and (if that determination is
affirmative) whether continuation of the order or
investigation, as the case may be, would result in
greater benefits to the United States industry than
harm to United States industrial users''; and
(B) in the second sentence, by inserting ``and on
United States industrial users'' after ``industry''.
(18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) is amended--
(A) by striking ``or (G)'' and inserting ``(G), or
(H)''; and
(B) by inserting before the period the following:
``, and (if that determination is affirmative) whether
imposition of the countervailing duty would result in
greater benefits to the United States industry than
harm to United States industrial users''.
(19) Section 771 (19 U.S.C. 1677(9)) is amended--
(A) in paragraph (9)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period at the end and inserting ``, and''; and
(iii) by adding at the end the following:
``(H) a United States industrial user, or a trade
or business association a majority of whose members are
United States industrial users.''; and
(B) by inserting after paragraph (9) the following:
``(9A) United states industrial user.--The term `United
States industrial user' means a manufacturer or producer that
uses subject merchandise or a domestic like product in the
manufacture or production of any product in the United
States.''.
(20) Section 771 (19 U.S.C. 1677) is amended by adding at
the end the following new paragraph:
``(37) Evaluation of benefits to united states industry and
harm to united states industrial users.--In considering the
potential benefits to the industry in the United States
materially injured or threatened with material injury (in this
paragraph referred to as the `United States industry'), and
harm to United States industrial users, from the imposition or
continuation of antidumping or countervailing duties under
sections 701(a), 703(a), 705(b), 731, 733(a), 735(b), 751(b),
751(c), 751(d), 752(a), and 753(a), the Commission shall weigh
harm to United States industrial users as a whole, taking into
account the following factors:
``(A) Likely harm to United States industrial users
from declines in output, sales, market share, profits,
productivity, return on investments, and utilization of
capacity in the production of downstream products,
compared to likely benefits to the United States
industry with respect to those factors.
``(B) Likely harm to United States industrial users
from negative impact on cash flow, inventories,
employment, wages, growth, ability to raise capital,
and investment, compared to likely benefits to the
United States industry with respect to those factors.
``(C) Likely negative effects on the existing
development and production efforts of United States
industrial users, including efforts to develop a
derivative or more advanced version of their products
for manufacture or production in the United States,
compared to likely benefits to the United States
industry with respect to those factors.
``(D) The effect of increased costs or prices for
the subject merchandise and domestic like products and
reduced availability of the subject merchandise and
domestic like products on the competitiveness of United
States industrial users located in the market,
including the extent to which United States industrial
users and their customers would be able to pass on
additional costs resulting from antidumping and
countervailing duties, compared to likely benefits to
the United States industry with respect to those
factors.
``(E) Such other economic factors as the Commission
determines are relevant to the potential impact of the
imposition or continuation of duties, as the case may
be, on the United States industry and on United States
industrial users.
The Commission may determine harm to United States industrial
users only if United States industrial users have presented
credible evidence of such harm.''.
(21) Section 777(h) (19 U.S.C. 1677f(h)) is amended--
(A) by striking ``and Industrial Users'' in the
subsection heading; and
(B) by striking ``for industrial users of the
subject merchandise and, if the merchandise'' and
inserting ``, if the subject merchandise or a domestic
like product''.
(22) Section 782(i)(3)(A) (19 U.S.C. 1677m(i)(3)(A)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
|
American Manufacturing Competitiveness Act - Amends the Tariff Act of 1930 to allow U.S. manufacturers that use products subject to countervailing or antidumping duty proceedings or use domestic like products (industrial users) to participate in such proceedings.
Requires the U.S. International Trade Commission, when deciding whether an antidumping or countervailing duty should be imposed or continued, to weigh harm to industrial users from such imposition or continuation, as well as (under current law) the potential benefits to the industry in the United States materially injured or threatened with material injury by a foreign countervailing subsidy.
|
{"src": "billsum_train", "title": "To amend the Tariff Act of 1930 to allow United States manufacturers that use products subject to countervailing or antidumping duty proceedings or use domestic like products to participate in those proceedings as interested parties, and for other purposes."}
| 3,438 | 133 | 0.631299 | 1.854712 | 0.632838 | 2.647619 | 29.514286 | 0.87619 |
I72SECTION 1. SHORT TITLE.
I20This Act may be cited as the ``Iran Freedom Support Act''.
I72SEC. 2. TABLE OF CONTENTS.
I20The table of contents for this Act is as follows:
Q10
S6211
I42Sec.1.Short title.
I42Sec.2.Table of contents.
I74TITLE I_CODIFICATION OF SANCTIONS AGAINST IRAN
I42Sec.101.Codification of sanctions.
I74TITLE II_AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
I42Sec.201.Multilateral regime.
I42Sec.202.Imposition of sanctions.
I42Sec.203.Termination of sanctions.
I42Sec.204.Sunset.
I42Sec.205.Technical and conforming amendments.
I74TITLE III_PROMOTION OF DEMOCRACY FOR IRAN
I42Sec.301.Declaration of policy.
I42Sec.302.Assistance to support democracy for Iran.
I74TITLE IV_POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR NONPROLIFERATION OF IRAN
I42Sec.401.Sense of Congress.
I74TITLE V_PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
I42Sec.501.Prevention of money laundering for weapons of mass destruction.
S6201
I78TITLE I_CODIFICATION OF SANCTIONS AGAINST IRAN
I72SEC. 101. CODIFICATION OF SANCTIONS.
I20(a) T5Codification of SanctionsK._Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957, sections 1(e), (1)(g), and (3) of Executive Order No. 12959, and sections 2, 3, and 5 of Executive Order No. 13059 (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority.
I20(b) T5No Effect on Other Sanctions Relating to Support for Acts of International TerrorismK._Nothing in this Act shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, relating to a determination under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of international terrorism.
I78TITLE II_AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
I72SEC. 201. MULTILATERAL REGIME.
I20(a) T5WaiverK._Section 4(c) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
I20``(c) T5WaiverK._
I22``(1) T4In generalK._The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States.
I22``(2) T4Subsequent renewal of waiverK._If the President determines that, in accordance with paragraph (1), such a waiver is appropriate, the President may, at the conclusion of the period of a waiver under paragraph (1), renew such waiver for subsequent periods of not more than six months each.''.
I20(b) T5InvestigationsK._Section 4 of such Act (50 U.S.C. 1701 note) is amended by adding at the end the following new subsection:
I20``(f) T5InvestigationsK._
I22``(1) T4In generalK._The President should initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in investment activity in Iran as described in such section.
I22``(2) T4Determination and notificationK._Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President should determine, pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section and shall notify the appropriate congressional committees of the basis for any such determination.''.
I72SEC. 202. IMPOSITION OF SANCTIONS.
I20(a) T5Sanctions With Respect to Development of Petroleum ResourcesK._Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended in the heading, by striking ``T5to IranK'' and inserting ``T5to the Development of Petroleum Resources of IranK''.
I20(b) T5Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military CapabilitiesK._Section 5(b) of such Act (50 U.S.C. 1701 note) is amended to read as follows:
I20``(b) T5Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military CapabilitiesK._The President shall impose two or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Iran any goods, services, technology, or other items knowing that the provision of such goods, services, technology, or other items would contribute materially to the ability of Iran to_
I22``(1) acquire or develop chemical, biological, or nuclear weapons or related technologies; or
I22``(2) acquire or develop destabilizing numbers and types of advanced conventional weapons.''.
I20(c) T5Effective DateK._The amendments made by this section shall apply with respect to actions taken on or after June 6, 2006.
I72SEC. 203. TERMINATION OF SANCTIONS.
I20Section 8(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_
I22(1) in paragraph (1)(C), by striking ``and'' at the end;
I22(2) in paragraph (2), by striking the period at the end and inserting ``; and''; and
I22(3) by adding at the end the following new paragraph:
I22``(3) poses no significant threat to United States national security, interests, or allies.''.
I72SEC. 204. SUNSET.
I20Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``on September 29, 2006'' and inserting ``on December 31, 2011''.
I72SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.
I20(a) T5FindingsK._Section 2 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking paragraph (4).
I20(b) T5Declaration of PolicyK._Section 3 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_
I22(1) in subsection (a), by striking ``(a) T5Policy With Respect to Iran._K''; and
I22(2) by striking subsection (b).
I20(c) T5Termination of SanctionsK._Section 8 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_
I22(1) in subsection (a), by striking� ``(a) T5Iran._K''; and
I22(2) by striking subsection (b).
I20(d) T5Duration of Sanctions; Presidential WaiverK._Section 9(c)(2)(C) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
I24``(C) an estimate of the significance of the provision of the items described in section 5(a) or section 5(b) to Iran's ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities; and''.
I20(e) T5Reports RequiredK._Section 10(b)(1) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and Libya'' each place it appears.
I20(f) T5DefinitionsK._Section 14 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended_
I22(1) in paragraph (9)_
I24(A) in the matter preceding subparagraph (A), by_
I26(i) striking ``, or with the Government of Libya or a nongovernmental entity in Libya,''; and
I26(ii) by striking ``nongovenmental'' and inserting ``nongovernmental''; and
I24(B) in subparagraph (A), by striking ``or Libya (as the case may be)'';
I22(2) by striking paragraph (12); and
I22(3) by redesignating paragraphs (13), (14), (15), (16), and (17) as paragraphs (12), (13), (14), (15), and (16), respectively.
I20(g) T5Short TitleK._
I22(1) T4In generalK._Section 1 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and Libya''.
I22(2) T4ReferencesK._Any reference in any other provision of law, regulation, document, or other record of the United States to the ``Iran and Libya Sanctions Act of 1996'' shall be deemed to be a reference to the ``Iran Sanctions Act of 1996''.
I78TITLE III_PROMOTION OF DEMOCRACY FOR IRAN
I72SEC. 301. DECLARATION OF POLICY.
I20(a) T5In GeneralK._Congress declares that it should be the policy of the United States_
I22(1) to support efforts by the people of Iran to exercise self-determination over the form of government of their country; and
I22(2) to support independent human rights and peaceful pro-democracy forces in Iran.
I20(b) T5Rule of ConstructionK._Nothing in this Act shall be construed as authorizing the use of force against Iran.
I72SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
I20(a) T5AuthorizationK._
I22(1) T4In generalK._Notwithstanding any other provision of law, the President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities working for the purpose of supporting and promoting democracy for Iran. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Iran.
I22(2) T4Limitation on assistanceK._In accordance with the rule of construction described in subsection (b) of section 301, none of the funds authorized under this section shall be used to support the use of force against Iran.
I20(b) T5Eligibility for AssistanceK._Financial and political assistance under this section should be provided only to an individual, organization, or entity that_
I22(1) officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) at any time during the preceding four years;
I22(2) advocates the adherence by Iran to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;
I22(3) is dedicated to democratic values and supports the adoption of a democratic form of government in Iran;
I22(4) is dedicated to respect for human rights, including the fundamental equality of women;
I22(5) works to establish equality of opportunity for people; and
I22(6) supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.
I20(c) T5FundingK._The President may provide assistance under this section using_
I22(1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and
I22(2) amounts made available pursuant to the authorization of appropriations under subsection (g).
I20(d) T5NotificationK._Not later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394�09l), the President shall notify the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
I20(e) T5Sense of Congress Regarding Diplomatic AssistanceK._It is the sense of Congress that_
I22(1) support for a transition to democracy in Iran should be expressed by United States representatives and officials in all appropriate international fora;
I22(2) officials and representatives of the United States should_
I24(A) strongly and unequivocally support indigenous efforts in Iran calling for free, transparent, and democratic elections; and
I24(B) draw international attention to violations by the Government of Iran of human rights, freedom of religion, freedom of assembly, and freedom of the press.
I20(f) T5DurationK._The authority to provide assistance under this section shall expire on December 31, 2011.
I20(g) T5Authorization of AppropriationsK._There is authorized to be appropriated to the Secretary of State such sums as may be necessary to carry out this section.
I78TITLE IV_POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR NONPROLIFERATION OF IRAN
I72SEC. 401. SENSE OF CONGRESS.
I20(a) T5Sense of CongressK._It should be the policy of the United States not to bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran unless the President has determined that_
I22(1) Iran has suspended all enrichment-related and reprocessing-related activity (including uranium conversion and research and development, manufacturing, testing, and assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity in the future (except potentially the conversion of uranium exclusively for export to foreign nuclear fuel production facilities pursuant to internationally agreed arrangements and subject to strict international safeguards), and is abiding by that commitment; or
I22(2) the government of that country_
I24(A) has, either on its own initiative or pursuant to a binding decision of the United Nations Security Council, suspended all nuclear assistance to Iran and all transfers of advanced conventional weapons and missiles to Iran, pending a decision by Iran to implement measures that would permit the President to make the determination described in paragraph (1); and
I24(B) is committed to maintaining that suspension until Iran has implemented measures that would permit the President to make such determination.
I20(b) T5DefinitionsK._In this section:
I22(1) T4Agreement for cooperationK._The term ``agreement for cooperation'' has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).
I22(2) T4Assisting the nuclear program of iranK._The term ``assisting the nuclear program of Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2 and subsequent revisions).
I22(3) T4Transferring advanced conventional weapons or missiles to iranK._The term ``transferring advanced conventional weapons or missiles to Iran'' means the intentional transfer to Iran by a government, or by a person subject to the jurisdiction of a government, with the knowledge and acquiescence of that government, of_
I24(A) advanced conventional weapons; or
I24(B) goods, services, or technology listed on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions.
I78TITLE V_PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
I72SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION.
I20Section 5318A(c)(2) of title 31, United States Code, is amended_
I22(1) in subparagraph (A)(i), by striking ``or both,'' and inserting ``or entities involved in the proliferation of weapons of mass destruction or missiles''; and
I22(2) in subparagraph (B)(i), by inserting ``, including any money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction or missiles'' before the semicolon at the end.
S6301I76�08
|
Iran Freedom Support Act - States that: (1) specified U.S. sanctions, controls, and regulations with respect to Iran shall remain in effect. Authorizes the President to terminate such sanctions in whole or in part upon congressional notification; and (2) nothing in this Act shall affect sanctions, controls, or regulations relating to Iranian support of international terrorism.
Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) require that Iran be determined to pose no significant threat to U.S. national security, interests, or allies in order to lift sanctions against entities investing in Iran's petroleum industry; (4) extend the sunset provision; and (5) rename such Act as the Iran Sanctions Act of 1996. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran.
Expresses the sense of Congress that it should be U.S. policy to: (1) not bring into force an agreement for cooperation with the government of any country that is assisting the nuclear program of Iran or transferring advanced conventional weapons or missiles to Iran; and (2) support independent human rights and peaceful pro-democracy forces in Iran.
Includes money laundering activities involved in the proliferation of weapons of mass destruction or missiles in the federal provisions regulating certain monetary transactions.
|
{"src": "billsum_train", "title": "A bill to hold the current regime in Iran accountable for its threatening behavior and to support a transition to democracy in Iran."}
| 4,397 | 319 | 0.501638 | 1.625666 | 0.709548 | 6.368601 | 10.682594 | 0.894198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Integrity Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the pursuit of justice requires the fair application of
the law;
(2) racial and ethnic disparities in the criminal process
have contributed to a growing perception of bias in the
criminal justice system;
(3) there are a variety of possible causes of disparities
in criminal justice statistics among racial and ethnic groups
and these causes may differ throughout the United States,
including factors such as--
(A) varying levels of criminal activity among
racial and ethnic groups and legitimate law enforcement
response to that criminal activity; and
(B) racial discrimination, ethnic and cultural
insensitivity, or unconscious bias;
(4) the Nation would benefit from an understanding of all
factors causing a disparate impact on the criminal justice
system; and
(5) programs that promote fairness will increase public
confidence in the criminal justice system, increase public
safety, and further the pursuit of justice.
SEC. 3. PILOT PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Attorney General shall establish a pilot program in 10
United States districts in order to promote fairness, and the
perception of fairness, in the Federal criminal justice system, and to
determine whether legislation is required.
(b) Program Requirements.--
(1) U.S. attorneys.--The Attorney General shall designate,
in accordance with paragraph (3), 10 United States Attorneys
who shall each implement a plan in accordance with section 4,
beginning not later than 1 month after those United States
Attorneys are designated by the Attorney General.
(2) Purpose.--The purposes of the plans required by this
section are--
(A) to gather racial and ethnic data on
investigations and prosecutions in the United States
districts and the causes of disparities, if any;
(B) to determine the extent to which the
communities' perception of bias has affected confidence
in the Federal criminal justice system;
(C) to analyze whether measures may be taken to
reduce unwarranted disparities, if any, and increase
confidence in the criminal justice system; and
(D) to make recommendations, to the extent
possible, to ensure that law enforcement priorities and
initiatives, charging and plea bargaining decisions,
sentencing recommendations, and other steps within the
criminal process are not influenced by racial and
ethnic stereotyping or bias, and do not produce
unwarranted disparities from otherwise neutral laws or
policies.
(3) Criteria for selection.--
(A) In general.--The 10 pilot districts referred to
in subsection (a) shall include districts of varying
compositions with respect to size, case load,
geography, and racial and ethnic composition.
(B) Metropolitan areas.--At least 3 of the United
States Attorneys designated by the Attorney General
shall be in Federal districts encompassing metropolitan
areas.
SEC. 4. PLAN AND REPORT.
(a) In General.--
(1) United states attorney.--Each United States Attorney
shall, in consultation with an advisory group appointed in
accordance with paragraph (2), develop and implement a plan in
accordance with subsections (b) and (c).
(2) Advisory group.--
(A) Appointment.--Not later than 90 days after
designation by the Attorney General, the United States
Attorney in each of the 10 pilot districts selected
pursuant to section 3 shall appoint an advisory group,
after consultation with the chief judge of the district
and criminal justice professionals within the district.
(B) Membership.--The advisory group of a United
States Attorney shall include--
(i) 1 or more senior social scientists with
expertise in research methods or statistics;
and
(ii) individuals and entities who play
important roles in the criminal justice process
and have broad-based community representation
such as--
(I) Federal and State prosecutors;
(II) Federal and State defenders,
if applicable in the district, and
private defense counsel;
(III) Federal and State judges;
(IV) Federal and State law
enforcement officials and union
representatives;
(V) parole and probation officers;
(VI) correctional officers;
(VII) victim's rights
representatives;
(VIII) civil rights organizations;
(IX) business and professional
representatives; and
(X) faith-based organizations who
do criminal justice work.
(C) Term limit.--Subject to subparagraph (D), a
member of the advisory group shall not serve longer
than 5 years.
(D) Permanent members.--Notwithstanding
subparagraph (C), the following shall be permanent
members of the advisory group for that district:
(i) The chief judge for the judicial
district.
(ii) The Federal defender for the judicial
district.
(iii) The United States Attorney for the
judicial district.
(E) Reporter.--The United States Attorney may
designate a reporter for each advisory group, who may
be compensated in accordance with guidelines
established by the Executive Office of the United
States Attorneys.
(F) Independent contractors.--The members of an
advisory group of a United States Attorney and any
person designated as a reporter for such group--
(i) shall be considered independent
contractors of the United States Attorney's
Office when in the performance of official
duties of the advisory group; and
(ii) may not, solely by reason of service
on or for the advisory group, be prohibited
from practicing law before any court.
(b) Development and Implementation of a Plan and Report.--
(1) Advisory group report.--The advisory group appointed
under subsection (a)(2) shall--
(A)(i) systematically collect and analyze
quantitative data on the race and ethnicity of the
defendant and victim at each stage of prosecution,
including case intake, bail requests, declinations,
selection of charges, diversion from prosecution or
incarceration, plea offers, sentencing recommendations,
fast-track sentencing, and use of alternative
sanctions; and
(ii) at a minimum, collect aggregate data capable
of individualization and tracking through the system so
that any cumulative racial or ethnic disadvantage can
be analyzed;
(B) seek to determine the causes of racial and
ethnic disparities in a district, and whether these
disparities are substantially explained by sound law
enforcement policies or if they are at least partially
attributable to discrimination, insensitivity, or
unconscious bias;
(C) examine the extent to which racial and ethnic
disparities are attributable to--
(i) law enforcement priorities,
prosecutorial priorities, the substantive
provisions of legislation enacted by Congress;
or
(ii) the penalty schemes enacted by
Congress or implemented by the United States
Sentencing Commission;
(D) examine data including--
(i) the racial and ethnic demographics of
the United States Attorney's district;
(ii) defendants charged in all categories
of offense by race and ethnicity, and, where
applicable, the race and ethnicity of any
identified victim;
(iii) substantial assistance motions,
whether at sentencing or post-conviction, by
race and ethnicity;
(iv) charging policies, including decisions
as to who should be charged in Federal rather
than State court when either forum is
available, and whether these policies tend to
result in racial or ethnic disparities among
defendants charged in Federal court, including
whether relative disparities exist between
State and Federal defendants charged with
similar offenses;
(v) the racial and ethnic composition of
the Federal prosecutors in the district; and
(vi) the extent to which training in the
exercise of discretion, including cultural
competency, is provided prosecutors;
(E) consult with an educational or independent
research group, if necessary, to conduct work under
this subsection; and
(F) submit to the United States Attorney by the end
of the second year after their initial appointment a
report and proposed plan, which shall be made available
to the public and which shall include--
(i) factual findings and conclusions on
racial and ethnic disparities, if any, and the
State of public confidence in the criminal
process;
(ii) recommended measures, rules, and
programs for reducing unjustified disparities,
if any, and increasing public confidence; and
(iii) an explanation of the manner in which
the recommended plan complies with this
paragraph.
(2) Adoption of plan.--Not later than 60 days after
receiving and considering the advisory group's report and
proposed plan under paragraph (1), the United States Attorney
appointed under section 3 shall adopt and implement a plan.
(3) Copy of report.--The United States Attorney shall
transmit a copy of the plan and report adopted and implemented,
in accordance with this subsection, together with the report
and plan recommended by the advisory group, to the Attorney
General. The United States Attorney shall include with the plan
an explanation of any recommendation of the advisory group that
is not included in the plan.
(4) Congress.--The Attorney General shall transmit to the
United States Attorney's in every Federal district and to the
Committees on the Judiciary of the Senate and the House of
Representatives copies of any plan and accompanying report
submitted by a pilot district.
(c) Periodic United States Attorney Assessment.--After adopting and
implementing a plan under subsection (b), each United States Attorney
in a pilot district shall annually evaluate the efficacy of the plan.
In performing such assessment, the United States Attorney shall consult
with the advisory group appointed in accordance with subsection (a)(2).
Each assessment shall be submitted to the Executive Office for United
States Attorneys for review in accordance with subsection (d).
(d) Information on the Pilot Program.--
(1) Report and model plan.--Not later than 5 years after
the date of the enactment of this Act, the Attorney General
shall--
(A) prepare a comprehensive report on all plans
received pursuant to this section;
(B) based on all the plans received pursuant to
this section the Attorney General shall also develop
one or more model plans; and
(C) transmit copies of the report and model plan or
plans to the Committees on the Judiciary of the Senate
and the House of Representatives.
(2) Continued oversight.--The Attorney General shall, on a
continuing basis--
(A) study ways to reduce unwarranted racial and
ethnic disparate impact in the Federal criminal system;
and
(B) make recommendations to all United States
Attorneys on ways to improve the system.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 for use, at the
discretion of the Attorney General, by the United States Attorneys'
advisory groups in the development and implementation of plans under
this Act.
|
Justice Integrity Act of 2008 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program.
Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group.
Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.
|
{"src": "billsum_train", "title": "A bill to increase public confidence in the justice system and address any unwarranted racial and ethnic disparities in the criminal process."}
| 2,348 | 295 | 0.681557 | 2.059069 | 0.88238 | 2.971429 | 9.040816 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature Empowerment
through Access to Resources (CLEAR) Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) an informed electorate is the most precious asset of
any democracy;
(2) it is often burdensome, difficult, and time-consuming
for citizens to obtain timely access to records of the
Congress;
(3) it is also challenging for Members and committees of
Congress to provide timely access to current records of
Congress through websites maintained by Congress;
(4) congressional documents which are placed in the
Congressional Record are made available to the public
electronically by the Superintendent of Documents under the
direction of the Public Printer;
(5) other congressional documents are also made available
electronically on websites maintained by Members and committees
of Congress;
(6) a wide range of records of Congress remain inaccessible
to the public;
(7) the public should have easy and timely access,
including electronic access, to records of the Congress; and
(8) Congress should use new technologies to enhance public
access to records and other important information of the
Congress.
(b) Purposes.--The purposes of this Act are--
(1) to foster democracy by ensuring public access to
records of Congress;
(2) to improve public access to records of Congress;
(3) to enhance the electronic public access, including
access through the Internet, to records of Congress; and
(4) to further enhance the education of citizens and
encourage their participation in the government of their
country.
SEC. 3. AVAILABILITY OF CERTAIN CRS INFORMATION.
(a) Availability of Information.--
(1) In general.--The Director of the Congressional Research
Service shall make available through a centralized electronic
database, for the purpose of Members and committees providing
access and retrieval by the public as described in section 4,
all information described in paragraph (2) which is available
through the Congressional Research Service website.
(2) Information to be made available.--The information to
be made available under paragraph (1) is as follows:
(A) Congressional Research Service Issue Briefs.
(B) Congressional Research Service Reports which
are available to Members of Congress through the
Congressional Research Service website.
(C) Congressional Research Service Authorization of
Appropriations Products and Appropriations Products.
(3) Rule of construction.--Nothing in this subsection shall
be construed to require the Director to make available under
this subsection any document or other information which is
prepared by the Congressional Research Service solely in
response to a research request of an individual, office, or
committee for the exclusive use of such individual, office, or
committee.
(b) Limitations.--
(1) Confidential information.--Subsection (a) does not
apply to any information which is confidential, as determined
by--
(A) the Director; or
(B) the head of the Federal department or agency
which provided the information to the Congressional
Research Service.
(2) Redaction and revision.--In carrying out this section,
the Director of the Congressional Research Service may--
(A) remove from the information required to be made
available under subsection (a) the name and phone
number of, and any other information regarding, an
employee of the Congressional Research Service;
(B) remove from the information required to be made
available under subsection (a) any material for which
the Director determines that making it available under
subsection (a) may infringe the copyright of a work
protected under title 17, United States Code; and
(C) make any changes in the information required to
be made available under subsection (a) that the
Director determines necessary to ensure that the
information is accurate and current.
(c) Time.--The Director of the Congressional Research Service shall
make available all information required under this section in a timely
and prompt manner.
(d) Manner.--The Director of the Congressional Research Service
shall make information required to be made available under this section
in a manner which--
(1) is practical and reasonable; and
(2) does not permit the submission of comments from the
public.
SEC. 4. METHOD OF ACCESS.
(a) In General.--Public access to information made available under
this Act shall be provided through the websites maintained by Members
and committees of the House of Representatives and the Senate. The
Director of the Congressional Research Service shall work with the
Chief Administrative Officer of the House of Representatives and the
Sergeant at Arms of the Senate to carry out this subsection.
(b) Editorial Responsibility for CRS Reports Online.--The Director
of the Congressional Research Service is responsible for maintaining
and updating the information made available on the Internet under
section 3, and shall have sole discretion to edit that information
under this Act.
(c) Further Approval Not Required.--Notwithstanding any other
provision of law, the Director of the Congressional Research Service
shall make available the information required to be made available
under section 3 to Members and committees of Congress for the purposes
described in this Act without the prior approval of the Committee on
Rules and Administration of the Senate, the Committee on House
Administration of the House of Representatives, or the Joint Committee
on Printing.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act may be construed--
(1) to modify the role of the Congressional Research
Service as an institution whose mission is to provide service
to Congress and not to persons outside of Congress; or
(2) to infringe on the constitutional protections provided
for the work product of the Congressional Research Service
which enable the Service to fulfill its mission of serving
Congress.
SEC. 6. SENSE OF CONGRESS REGARDING COMMITTEE MATERIALS.
It is the sense of Congress that each standing and special
committee of the House of Representatives and Senate and each joint
committee of Congress, in accordance with such rules as the committee
may adopt, should provide access to the public through the Internet to
publicly available committee information, documents, and proceedings,
including bills, reports, and transcripts of committee meetings which
are open to the public.
|
Expresses the sense of Congress that each standing and special committee of the House of Representatives and Senate, and each joint committee of Congress, should provide access to the public through the Internet to publicly available committee information, documents, and proceedings, including bills, reports, and transcripts of committee meetings which are open to the public.
|
{"src": "billsum_train", "title": "Citizen Legislature Empowerment through Access to Resources (CLEAR) Act"}
| 1,302 | 68 | 0.568784 | 1.387058 | 0.478715 | 8.349206 | 20.031746 | 0.984127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2000''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--
``(1) In general.--If, within 30 days after publication in
the Federal Register of notice that a binational panel has
issued a determination following a review under article 1904 of
a decision of a competent investigating authority in the United
States, a party or person within the meaning of paragraph 5 of
article 1904 alleges that--
``(A)(i) the determination of the panel was based
on a misinterpretation of United States law;
``(ii) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(iii) the panel seriously departed from a
fundamental rule of procedure, or
``(iv) the panel manifestly exceeded its powers,
authority, or jurisdiction set out in article 1904, as
in failing to apply the appropriate standard of review,
and
``(B) any of the actions described in subparagraph
(A) has materially affected the panel's decision and
threatens the integrity of the binational panel review
process,
then such party or person may file an appeal with the United
States Court of International Trade, seeking review of the
binational panel determination, pursuant to section 516A of the
Tariff Act of 1930.
``(2) Review in court of international trade where
binational panel does not act.--If a request for a panel review
has been made under article 1904 and a panel is not convened
within 315 days of the request, the Party requesting the panel
review or person within the meaning of paragraph 5 of article
1904 may file an appeal of the antidumping or countervailing
duty determination with respect to which the request was filed
with the United States Court of International Trade.
``(b) Decisions of the Court.--
``(1) In general.--In any appeal filed under subsection
(a)(1) for review of a binational panel determination, the
Court of International Trade shall, after examining the legal
and factual analysis underlying the findings and conclusions of
the panel's decision, determine whether any of the actions
described in subsection (a)(1)(A) has been established. If the
court finds that any of those actions has been established, the
court shall vacate the original panel decision and enter
judgment accordingly. If the actions are not established, the
court shall affirm the original binational panel decision.
Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the
matters between the parties that were before the panel.
``(2) Decisions where panel not convened.--In the case of
an appeal filed under subsection (a)(2) for review of a
determination of a competent investigating authority, the Court
of International Trade shall, after examining the legal and
factual analysis underlying the findings and conclusions of the
investigating authority's determination, determine whether the
determination was made in accordance with article 1904. If the
court finds that the determination was not in accordance with
article 1904 or is not supported by the legal and factual
analysis, the court shall vacate the investigating authority's
determination and enter judgment accordingly. If the court
finds that the determination was in accordance with article
1904 and is supported by the legal and factual analysis, the
court shall affirm the investigating authority's determination.
Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the
matters between the parties that would have been before a panel
had the panel been convened.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--Subsections (a)(1), (b)(1), and (c) apply to
all goods from NAFTA countries which were subject to an antidumping
duty or countervailing duty determination of a competent investigating
authority in the United States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), (ix), or (x)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.
``(x) A final determination of an
investigating authority described in section
404A(a)(2) of the North American Free Trade
Agreement Implementation Act.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination of which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement or to a final determination
of a competent investigating authority with respect to which section
404A(a)(2) of the North American Free Trade Agreement Implementation
Act applies, notice of which is published in the Federal Register on or
after the date of enactment of this Act.
|
Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel.
Declares that the amendments made by this Act shall apply with respect to goods from Canada and Mexico.
|
{"src": "billsum_train", "title": "Integrity of the United States Courts Act of 2000"}
| 1,653 | 60 | 0.547541 | 1.406772 | 0.310282 | 4.3125 | 30.354167 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable College Textbook Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The high cost of college textbooks continues to be a
barrier for many students in achieving higher education.
(2) According to the College Board, during the 2014-2015
academic year, the average student budget for college books and
supplies at 4-year public institutions of higher education was
$1,225.
(3) The Government Accountability Office found that new
textbook prices increased 82 percent between 2002 and 2012 and
that although Federal efforts to increase price transparency
have provided students and families with more and better
information, more must be done to address rising costs.
(4) The growth of the Internet has enabled the creation and
sharing of digital content, including open educational
resources that can be freely used by students, teachers, and
members of the public.
(5) Using open educational resources in place of
traditional materials in large-enrollment college courses can
reduce textbook costs by 80 to 100 percent.
(6) Federal investment in expanding the use of open
educational resources could significantly lower college
textbook costs and reduce financial barriers to higher
education, while making efficient use of taxpayer funds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Educational resource.--The term ``educational
resource'' means an educational material that can be used in
postsecondary instruction, including textbooks and other
written or audiovisual works.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Open educational resource.--The term ``open educational
resource'' means an educational resource that either is in the
public domain or is made available under a permanent copyright
license to the public to freely adapt, distribute, and
otherwise use the work with attribution to the author as
designated.
(4) Open textbook.--The term ``open textbook'' means an
open educational resource or set of open educational resources
that either is a textbook or can be used in place of a textbook
for a postsecondary course at an institution of higher
education.
(5) Relevant faculty.--The term ``relevant faculty'' means
both tenure track and contingent faculty members who may be
involved in the creation of open educational resources or the
use of open educational resources created as part of the grant
application.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) Grants Authorized.--From the amounts appropriated under
subsection (i), the Secretary shall make grants, on a competitive
basis, to eligible entities to support pilot programs that expand the
use of open textbooks in order to achieve savings for students.
(b) Eligible Entity.--In this section, the term ``eligible entity''
means an institution of higher education or group of institutions of
higher education.
(c) Applications.--
(1) In general.--Each eligible entity desiring a grant
under this section, after consultation with relevant faculty,
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include a description of the project to be completed
with grant funds and--
(A) a plan for promoting and tracking the use of
open textbooks in postsecondary courses offered by the
eligible entity, including an estimate of the projected
savings that will be achieved for students;
(B) a plan for evaluating, before creating new open
educational resources, whether existing open
educational resources could be used or adapted for the
same purpose;
(C) a plan for quality review and review of
accuracy of any open educational resources to be
created or adapted through the grant;
(D) a plan for disseminating information about the
results of the project to institutions of higher
education outside of the eligible entity, including
promoting the adoption of any open textbooks created or
adapted through the grant; and
(E) a statement on consultation with relevant
faculty, including those engaged in the creation of
open educational resources, in the development of the
application.
(d) Special Consideration.--In awarding grants under this section,
the Secretary shall give special consideration to applications that
demonstrate the greatest potential to--
(1) achieve the highest level of savings for students
through sustainable expanded use of open textbooks in
postsecondary courses offered by the eligible entity;
(2) expand the use of open textbooks at institutions of
higher education outside of the eligible entity; and
(3) produce--
(A) the highest quality open textbooks;
(B) open textbooks that can be most easily utilized
and adapted by faculty members at institutions of
higher education;
(C) open textbooks that correspond to the highest
enrollment courses at institutions of higher education;
and
(D) open textbooks created or adapted in
partnership with entities, including campus bookstores,
that will assist in marketing and distribution of the
open textbook.
(e) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to carry out any of the
following activities to expand the use of open textbooks:
(1) Professional development for any faculty and staff
members at institutions of higher education, including the
search for and review of open textbooks.
(2) Creation or adaptation of open educational resources,
especially open textbooks.
(3) Development or improvement of tools and informational
resources that support the use of open textbooks.
(4) Research evaluating the efficacy of the use of open
textbooks for achieving savings for students.
(5) Partnerships with other entities, including other
institutions of higher education, for-profit organizations, or
nonprofit organizations, to carry out any of the activities
described in paragraphs (1) through (4).
(f) License.--Educational resources created under subsection (e)
shall be licensed under a non-exclusive, permanent license to the
public to exercise any of the rights under copyright conditioned only
on the requirement that attribution be given as directed by the
copyright owner.
(g) Access and Distribution.--The full and complete digital content
of each educational resource created or adapted under subsection (e)
shall be made available free of charge to the public--
(1) on an easily accessible and interoperable website,
which shall be identified to the Secretary by the eligible
entity; and
(2) in a machine readable, digital format that anyone can
directly download, edit with attribution, and redistribute.
(h) Report.--Upon an eligible entity's completion of a project
supported under this section, the eligible entity shall prepare and
submit a report to the Secretary regarding--
(1) the effectiveness of the pilot program in expanding the
use of open textbooks and in achieving savings for students;
(2) the impact of the pilot program on expanding the use of
open textbooks at institutions of higher education outside of
the eligible entity;
(3) educational resources created or adapted under the
grant, including instructions on where the public can access
each educational resource under the terms of subsection (g);
and
(4) all project costs, including the value of any volunteer
labor and institutional capital used for the project.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section for
each of the 5 succeeding fiscal years after the enactment of this Act.
SEC. 5. PRICE INFORMATION.
Section 133(b) of the Higher Education Act of 1965 (20 U.S.C.
1015b(b)) is amended--
(1) by striking paragraph (6); and
(2) in paragraph (9);
(A) by striking subparagraphs (A) and (B); and
(B) by striking ``a college textbook that--'' and
inserting ``a college textbook that may include printed
materials, computer disks, website access, and
electronically distributed materials.''.
SEC. 6. SENSE OF CONGRESS.
It is the sense of Congress that institutions of higher education
should encourage the consideration of open textbooks by faculty within
the generally accepted principles of academic freedom that establishes
the right and responsibility of faculty members, individually and
collectively, to select course materials that are pedagogically most
appropriate for their classes.
SEC. 7. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall prepare and submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and the Workforce of the House of Representatives detailing--
(1) the open textbooks created or adapted under this Act;
(2) the adoption of such open textbooks; and
(3) the savings generated for students, States, and the
Federal Government through the use of open textbooks.
SEC. 8. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall prepare and submit a
report to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Education and the Workforce of the
House of Representatives on the cost of textbooks to students at
institutions of higher education. The report shall particularly
examine--
(1) the change of the cost of textbooks;
(2) the factors that have contributed to the change of the
cost of textbooks;
(3) the extent to which open textbooks are used at
institutions of higher education; and
(4) the impact of open textbooks on the cost of textbooks.
|
Affordable College Textbook Act This bill directs the Department of Education (ED) to make competitive grants to institutions of higher education (IHEs) to support pilot programs that expand the use of open textbooks in order to achieve savings for students. It requires the full and complete digital content of the educational resources created or adopted using grant funds to be made available free of charge to the public: (1) on an easily accessible and interoperable website; and (2) in a machine readable, digital format that anyone can directly download, edit with attribution, and redistribute. ED must give special consideration to grant applicants that demonstrate the greatest potential to: achieve the highest level of savings for students; expand the use of open textbooks at other IHEs; and produce open textbooks that are of the highest quality, that can be most easily utilized and adapted by faculty members, that correspond to the highest enrollment courses, and that are created or adopted in partnership with entities that will assist in their marketing and distribution. The bill amends the Higher Education Act of 1965 to include any educational material developed to accompany a college textbook as supplemental material that is subject to college textbook information disclosure requirements.
|
{"src": "billsum_train", "title": "Affordable College Textbook Act"}
| 2,053 | 254 | 0.551375 | 1.744959 | 0.659366 | 4.835498 | 8.748918 | 0.887446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vessel Discharge Evaluation and
Review Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Starting with passage of the Act to Prevent Pollution
from Ships in 1980, the United States Coast Guard has been the
principal Federal authority charged with administering,
enforcing, and prescribing regulations relating to the
discharge of pollutants from vessels engaged in maritime
commerce and transportation.
(2) There are more than 16 million State-registered boats,
110,000 commercial fishing vessels, and 53,000 freight and tank
barges operating in United States waters. Since 1973 certain
discharges incidental to the normal operation of these vessels
have been exempted from regulation.
(3) When required, Congress has specifically mandated
Federal programs for control of discharges from vessels,
including--
(A) the Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.) in 1980;
(B) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
(C) the National Invasive Species Act of 1996 (16
U.S.C. 4701 note); and
(D) section 1401 of the 2000 Omnibus Consolidated
and Emergency Supplemental Appropriations for Fiscal
Year 2001, which prevented discharge of treated sewage
and graywater in certain areas of Alaska.
SEC. 3. EVALUATION AND REVIEW OF CERTAIN DISCHARGES.
(a) In General.--The Commandant of the Coast Guard, in consultation
with the Under Secretary of Commerce for Oceans and Atmosphere and the
head of any other appropriate agency or department of the United
States, shall conduct an evaluation and review of vessel discharges,
other than aquatic nuisance species, that are described in section
122.3(a) of title 40, Code of Federal Regulations, as in effect on
January 5, 1989. The evaluation shall include--
(1) a characterization of the various types and composition
of such discharges by different classes of vessels;
(2) the volumes of such discharges for representative
individual vessels and by classes of vessels in the aggregate;
(3) an analysis of current technologies or best management
practices, and their associated costs, used to control such
discharges;
(4) an analysis of the extent to which such discharges are
currently subject to regulation under existing Federal laws or
binding international obligations of the United States;
(5) the locations of such discharges;
(6) analyses and conclusions as to the nature and extent of
potential effects of such discharges on human health, welfare,
and the environment;
(7) an analysis of practicable measures, including best
management practices, to control such discharges; and
(8) recommendations as to steps, including regulatory
changes, together with a schedule for implementation, that are
appropriate to address such discharges.
(b) Public Comment.--The Commandant shall--
(1) publish a draft report containing findings,
conclusions, and recommendations from the evaluation and review
required by subsection (a) in the Federal Register;
(2) accept public comments regarding such draft for a
period of not less than 120 days after the date the draft is
published in the Federal Register; and
(3) consider any such public comments in the preparation of
the final report.
(c) Final Report.--Not later than 2 years after the date of the
enactment of this Act, the Commandant shall prepare and submit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
final report containing findings, conclusions, and recommendations from
the evaluation and review required by subsection (a).
SEC. 4. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
(a) Statement of Purpose.--The purposes of this section are--
(1) to provide for the establishment of nationally uniform,
environmentally sound, standards for discharges incidental to
the normal operation of vessels; and
(2) to establish procedures for designation of no discharge
zones as necessary to protect waters within the jurisdiction of
a State from the effects of discharges incidental to the normal
operation of vessels.
(b) Evaluation and Review of Certain Discharges.--Subtitle B of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4711 et seq.) is amended by adding at the end thereof the
following:
``SEC. 1105. REGULATION OF CERTAIN DISCHARGES.
``(a) In General.--Notwithstanding any other provision of law, any
requirement to obtain a permit for a discharge incidental to the normal
operation of a vessel is suspended beginning on the date of enactment
of the Vessel Discharge Evaluation and Review Act. The Commandant of
the Coast Guard, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere shall promulgate a final rule to establish an
appropriate program for establishing enforceable uniform national
discharge standards, in lieu of any permit requirement established
pursuant to any other provision of law, that are modeled in whole or in
part on the regulatory program for vessels of the Armed Forces and
based upon the best available technology. Any such national uniform
discharge standards or prohibitions shall be enforced by the Secretary
of the department in which the Coast Guard is operating and may be
enforced by a State.
``(b) Judicial Review.--
``(1) An interested person may file a petition for review
of a final regulation promulgated under this section in the
United States Court of Appeals for the District of Columbia
Circuit. Any such petition shall be filed within 120 days after
the date notice of such promulgation appears in the Federal
Register, except that if such petition is based solely on
grounds arising after such 120th day, then any petition for
review under this subsection shall be filed within 120 days
after such grounds arise.
``(2) Any regulation for which review could have been
obtained under paragraph (1) of this subsection is not subject
to judicial review in any civil or criminal proceeding for
enforcement.
``(c) Effect on State Authority.--
``(1) Notwithstanding any other provision of law, except as
provided in this subsection, no State or political subdivision
thereof may adopt or enforce any statute or regulation of the
State or political subdivision with respect to a discharge
incidental to the normal operation of a vessel subject to
evaluation under section 3 of the Vessel Discharge Evaluation
and Review Act after the promulgation of a final rule under
that subsection.
``(2) If a State determines that the protection and
enhancement of the quality of some or all of the waters within
the State require greater environmental protection, the State
may prohibit one or more such discharges incidental to the
normal operation of a vessel. No such prohibition shall apply
until--
``(A) the Administrator determines that adequate
facilities for the safe and sanitary removal of the
relevant discharges are reasonably available for the
waters to which the prohibition would apply; and
``(B) the Under Secretary of Commerce for Oceans
and Atmosphere determines that such prohibition does
not create an undue burden on Commerce.
``(3) The Governor of any State may submit a petition
requesting that the Commandant review the regulations
promulgated under subsection (a) if there is significant new
information, not available previously, that could reasonably
result in a change to the regulation. The petition shall be
accompanied by the scientific and technical information on
which the petition is based.
``(d) Certain Discharges Unaffected.--Nothing this section shall be
interpreted to apply to--
``(1) a vessel of the Armed Forces;
``(2) a discharge of vessel sewage; or
``(3) any discharge not subject to the permit exclusion
contained in section 122.3(a) of title 40, Code of Federal
Regulations, as in effect on March 29, 2005.
``(e) Exclusions.--No permit shall be required under any other
provision of law for, nor shall any uniform national discharge standard
promulgated under subsection (a) apply to--
``(1) a discharge incidental to the normal operation of a
vessel that is less than 79 feet in length and is--
``(A) engaged in commercial service (as defined in
section 2101(5) of title 46, United States Code); or
``(B) a recreational vessel (as defined in section
2101(25) of title 46, United States Code); or
``(2) a discharge of aquatic nuisance species in vessel
ballast water or sediment or from other vessel-related vectors
of aquatic nuisance species subject to section 1101 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711);
``(3) the placement, release, or discharge of equipment,
devices, or other material from a vessel for the sole purpose
of conducting research on the aquatic environment or its
natural resources in accordance with generally recognized
scientific methods, principles, or techniques;
``(4) any discharge from a vessel authorized by an On-Scene
Coordinator in accordance with part 300 of title 40, Code of
Federal Regulations, or section 153.10(e) of title 33, Code of
Federal Regulations;
``(5) discharges from a vessel that are necessary to secure
the safety of the vessel or human life or to suppress fires
onboard or at shoreside facilities; or
``(6) a vessel of the armed forces of a foreign nation when
engaged in noncommercial service.
``(f) Incidental Discharge Defined.--In this section, the term
`discharge incidental to the normal operation of a vessel'--
``(1) means a discharge, including--
``(A) graywater, bilge water, cooling water,
weather deck runoff, ballast water, oil water separator
effluent, and any other pollutant discharge from the
operation of a marine propulsion system, shipboard
maneuvering system, crew habitability system, or
installed major equipment, such as an aircraft carrier
elevator or a catapult, or from a protective,
preservative, or absorptive application to the hull of
the vessel; and
``(B) a discharge in connection with the testing,
maintenance, and repair of a system described in
subparagraph (A) whenever the vessel is waterborne; and
``(2) does not include--
``(A) a discharge of rubbish, trash, garbage, or
other such material discharged overboard;
``(B) an air emission resulting from the operation
of a vessel propulsion system, motor driven equipment,
or incinerator; or
``(C) a discharge that is not covered by part 122.3
of title 40, Code of Federal Regulations (as in effect
on Feb. 10, 1996).
``(g) Application with Other Statutes.--Notwithstanding any other
provision of law, this section shall be the exclusive statutory
authority for regulation by the Federal Government of vessel discharges
to which this section applies.''.
|
Vessel Discharge Evaluation and Review Act - Directs the Coast Guard's Commandant to conduct an evaluation of vessel discharges, other than aquatic nuisance species, and report to specified congressional committees.
Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to suspend, beginning on the date of enactment of this Act and notwithstanding any other provision of law, any requirement to obtain a permit for a discharge incidental to the normal operation of a vessel. Requires promulgation of a final rule establishing enforceable uniform national discharge standards modeled on the regulatory program for vessels of the Armed Forces and based upon the best available technology.
Preempts related state and local laws regarding a discharge incidental to the normal operation of a vessel, subject to exception.
Lists certain discharges that are unaffected by or excluded from this Act, including Armed Forces vessels, discharges of vessel sewage, and discharges related to aquatic nuisance species.
Makes this Act, notwithstanding any other provision of law, the exclusive statutory authority for federal regulation of vessel discharges to which these provisions apply.
|
{"src": "billsum_train", "title": "A bill to require the Commandant of the Coast Guard, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, to conduct an evaluation and review of certain vessel discharges."}
| 2,414 | 252 | 0.58497 | 1.676157 | 0.809256 | 4.505051 | 11.29798 | 0.919192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Act''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship between the
United States and each Indian tribe;
(2) the United States has a trust responsibility to each tribal
government that includes the protection of the sovereignty of each
tribal government;
(3) Congress, through statutes, treaties, and the exercise of
administrative authorities, has recognized the self-determination,
self-reliance, and inherent sovereignty of Indian tribes;
(4) Indian tribes possess the inherent authority to establish
their own form of government, including tribal justice systems;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring public health
and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized
tribal justice systems as the appropriate forums for the
adjudication of disputes affecting personal and property rights;
(7) traditional tribal justice practices are essential to the
maintenance of the culture and identity of Indian tribes and to the
goals of this Act;
(8) tribal justice systems are inadequately funded, and the lack
of adequate funding impairs their operation; and
(9) tribal government involvement in and commitment to improving
tribal justice systems is essential to the accomplishment of the
goals of this Act.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Bureau'' means the Bureau of Indian Affairs of
the Department of the Interior.
(2) The term ``Courts of Indian Offenses'' means the courts
established pursuant to part 11 of title 25, Code of Federal
Regulations.
(3) The term ``Indian tribe'' means any Indian tribe, band,
nation, pueblo, or other organized group or community, including any
Alaska Native entity, which administers justice under its inherent
authority or the authority of the United States and which is
recognized as eligible for the special programs and services
provided by the United States to Indian tribes because of their
status as Indians.
(4) The term ``judicial personnel'' means any judge, magistrate,
court counselor, court clerk, court administrator, bailiff,
probation officer, officer of the court, dispute resolution
facilitator, or other official, employee, or volunteer within the
tribal justice system.
(5) The term ``Office'' means the Office of Tribal Justice
Support within the Bureau of Indian Affairs.
(6) The term ``Secretary'' means the Secretary of the Interior.
(7) The term ``tribal organization'' means any organization
defined in section 4(l) of the Indian Self-Determination and
Education Assistance Act.
(8) The term ``tribal justice system'' means the entire judicial
branch, and employees thereof, of an Indian tribe, including (but
not limited to) traditional methods and forums for dispute
resolution, lower courts, appellate courts (including intertribal
appellate courts), alternative dispute resolution systems, and
circuit rider systems, established by inherent tribal authority
whether or not they constitute a court of record.
TITLE I--TRIBAL JUSTICE SYSTEMS
SEC. 101. OFFICE OF TRIBAL JUSTICE SUPPORT.
(a) Establishment.--There is hereby established within the Bureau
the Office of Tribal Justice Support. The purpose of the Office shall be
to further the development, operation, and enhancement of tribal justice
systems and Courts of Indian Offenses.
(b) Transfer of Existing Functions and Personnel.--All functions
performed before the date of the enactment of this Act by the Branch of
Judicial Services of the Bureau and all personnel assigned to such
Branch as of the date of the enactment of this Act are hereby
transferred to the Office of Tribal Justice Support. Any reference in
any law, regulation, executive order, reorganization plan, or delegation
of authority to the Branch of Judicial Services is deemed to be a
reference to the Office of Tribal Justice Support.
(c) Functions.--In addition to the functions transferred to the
Office pursuant to subsection (b), the Office shall perform the
following functions:
(1) Provide funds to Indian tribes and tribal organizations for
the development, enhancement, and continuing operation of tribal
justice systems.
(2) Provide technical assistance and training, including
programs of continuing education and training for personnel of
Courts of Indian Offenses.
(3) Study and conduct research concerning the operation of
tribal justice systems.
(4) Promote cooperation and coordination among tribal justice
systems and the Federal and State judiciary systems.
(5) Oversee the continuing operations of the Courts of Indian
Offenses.
(6) Provide funds to Indian tribes and tribal organizations for
the continuation and enhancement of traditional tribal judicial
practices.
(d) No Imposition of Standards.--Nothing in this Act shall be deemed
or construed to authorize the Office to impose justice standards on
Indian tribes.
(e) Assistance to Tribes.--(1) The Office shall provide technical
assistance and training to any Indian tribe or tribal organization upon
request. Technical assistance and training shall include (but not be
limited to) assistance for the development of--
(A) tribal codes and rules of procedure;
(B) tribal court administrative procedures and court records
management systems;
(C) methods of reducing case delays;
(D) methods of alternative dispute resolution;
(E) tribal standards for judicial administration and conduct;
and
(F) long-range plans for the enhancement of tribal justice
systems.
(2) Technical assistance and training provided pursuant to paragraph
(1) may be provided through direct services, by contract with
independent entities, or through grants to Indian tribes or tribal
organizations.
(f) Information Clearinghouse on Tribal Justice Systems.--The Office
shall maintain an information clearinghouse (which shall include an
electronic data base) on tribal justice systems and Courts of Indian
Offenses, including (but not limited to) information on staffing,
funding, model tribal codes, tribal justice activities, and tribal
judicial decisions. The Office shall take such actions as may be
necessary to ensure the confidentiality of records and other matters
involving privacy rights.
SEC. 102. SURVEY OF TRIBAL JUDICIAL SYSTEMS.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Secretary, in consultation with Indian
tribes, shall enter into a contract with a non-Federal entity to conduct
a survey of conditions of tribal justice systems and Courts of Indian
Offenses to determine the resources and funding, including base support
funding, needed to provide for expeditious and effective administration
of justice. The Secretary, in like manner, shall annually update the
information and findings contained in the survey required under this
section.
(b) Local Conditions.--In the course of any annual survey, the non-
Federal entity shall document local conditions of each Indian tribe,
including, but not limited to--
(1) the geographic area and population to be served;
(2) the levels of functioning and capacity of the tribal justice
system;
(3) the volume and complexity of the caseloads;
(4) the facilities, including detention facilities, and program
resources available;
(5) funding levels and personnel staffing requirements for the
tribal justice system; and
(6) the training and technical assistance needs of the tribal
justice system.
(c) Consultation With Indian Tribes.--The non-Federal entity shall
actively consult with Indian tribes and tribal organizations in the
development and conduct of the surveys, including updates thereof, under
this section. Indian tribes and tribal organizations shall have the
opportunity to review and make recommendations regarding the findings of
the survey, including updates thereof, prior to final publication of the
survey or any update thereof. After Indian tribes and tribal
organizations have reviewed and commented on the results of the survey,
or any update thereof, the non-Federal entity shall report its findings,
together with the comments and recommendations of the Indian tribes and
tribal organizations, to the Secretary, the Committee on Indian Affairs
of the Senate, and the Subcommittee on Native American Affairs of the
Committee on Natural Resources of the House of Representatives.
SEC. 103. BASE SUPPORT FUNDING FOR TRIBAL JUSTICE SYSTEMS.
(a) In General.--Pursuant to the Indian Self-Determination and
Education Assistance Act, the Secretary is authorized (to the extent
provided in advance in appropriations Acts) to enter into contracts,
grants, or agreements with Indian tribes for the performance of any
function of the Office and for the development, enhancement, and
continuing operation of tribal justice systems and traditional tribal
judicial practices by Indian tribal governments.
(b) Purposes for Which Financial Assistance May Be Used.--Financial
assistance provided through contracts, grants, or agreements entered
into pursuant to this section may be used for--
(1) planning for the development, enhancement, and operation of
tribal justice systems;
(2) the employment of judicial personnel;
(3) training programs and continuing education for tribal
judicial personnel;
(4) the acquisition, development, and maintenance of a law
library and computer assisted legal research capacities;
(5) the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(6) the development and operation of records management systems;
(7) the construction or renovation of facilities for tribal
justice systems;
(8) membership and related expenses for participation in
national and regional organizations of tribal justice systems and
other professional organizations; and
(9) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations
of child abuse; and
(E) traditional tribal judicial practices, traditional
tribal justice systems, and traditional methods of dispute
resolution.
(c) Formula.--(1) Not later than 180 days after the date of the
enactment of this Act, the Secretary, with the full participation of
Indian tribes, shall establish and promulgate by regulation, a formula
which establishes base support funding for tribal justice systems in
carrying out this section.
(2) The Secretary shall assess caseload and staffing needs for
tribal justice systems that take into account unique geographic and
demographic conditions. In the assessment of these needs, the Secretary
shall work cooperatively with Indian tribes and tribal organizations and
shall refer to any data developed as a result of the surveys conducted
pursuant to section 102 and to relevant assessment standards developed
by the Judicial Conference of the United States, the National Center for
State Courts, the American Bar Association, and appropriate State bar
associations.
(3) Factors to be considered in the development of the base support
funding formula shall include, but are not limited to--
(A) the caseload and staffing needs identified under paragraph
(2);
(B) the geographic area and population to be served;
(C) the volume and complexity of the caseloads;
(D) the projected number of cases per month;
(E) the projected number of persons receiving probation services
or participating in diversion programs; and
(F) any special circumstances warranting additional financial
assistance.
(4) In developing and administering the formula for base support
funding for the tribal judicial systems under this section, the
Secretary shall ensure equitable distribution of funds.
SEC. 104. TRIBAL JUDICIAL CONFERENCES.
The Secretary is authorized to provide funds to tribal judicial
conferences, under section 101 of this Act, pursuant to contracts
entered into under the authority of the Indian Self-Determination and
Education Assistance Act for the development, enhancement, and
continuing operation of tribal justice systems of Indian tribes which
are members of such conference. Funds provided under this section may be
used for--
(1) the employment of judges, magistrates, court counselors,
court clerks, court administrators, bailiffs, probation officers,
officers of the court, or dispute resolution facilitators;
(2) the development, revision, and publication of tribal codes,
rules of practice, rules of procedure, and standards of judicial
performance and conduct;
(3) the acquisition, development, and maintenance of a law
library and computer assisted legal research capacities;
(4) training programs and continuing education for tribal
judicial personnel;
(5) the development and operation of records management systems;
(6) planning for the development, enhancement, and operation of
tribal justice systems; and
(7) the development and operation of other innovative and
culturally relevant programs and projects, including (but not
limited to) programs and projects for--
(A) alternative dispute resolution;
(B) tribal victims assistance or victims services;
(C) tribal probation services or diversion programs;
(D) juvenile services and multidisciplinary investigations
of child abuse; and
(E) traditional tribal judicial practices, traditional
justice systems, and traditional methods of dispute resolution.
TITLE II--AUTHORIZATIONS OF APPROPRIATIONS
SEC. 201. TRIBAL JUSTICE SYSTEMS.
(a) Office.--There is authorized to be appropriated to carry out the
provisions of sections 101 and 102 of this Act, $7,000,000 for each of
the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000. None of
the funds provided under this subsection may be used for the
administrative expenses of the Office.
(b) Base Support Funding for Tribal Justice Systems.--There is
authorized to be appropriated to carry out the provisions of section 103
of this Act, $50,000,000 for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
(c) Administrative Expenses for Office.--There is authorized to be
appropriated, for the administrative expenses of the Office, $500,000
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000.
(d) Administrative Expenses for Tribal Judicial Conferences.--There
is authorized to be appropriated, for the administrative expenses of
tribal judicial conferences, $500,000 for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.
(e) Survey.--For carrying out the survey under section 102, there is
authorized to be appropriated, in addition to the amount authorized
under subsection (a) of this section, $400,000.
(f) Indian Priority System.--Funds appropriated pursuant to the
authorizations provided by this section and available for a tribal
justice system shall not be subject to the Indian priority system.
Nothing in this Act shall preclude a tribal government from
supplementing any funds received under this Act with funds received from
any other source including the Bureau or any other Federal agency.
(g) Allocation of Funds.--In allocating funds appropriated pursuant
to the authorization contained in subsection (a) among the Bureau,
Office, tribal governments and Courts of Indian Offenses, the Secretary
shall take such actions as may be necessary to ensure that such
allocation is carried out in a manner that is fair and equitable to all
tribal governments and is proportionate to base support funding under
section 103 received by the Bureau, Office, tribal governments, and
Courts of Indian Offenses.
(h) No Offset.--No Federal agency shall offset funds made available
pursuant to this Act for tribal justice systems against other funds
otherwise available for use in connection with tribal justice systems.
TITLE III--DISCLAIMERS
SEC. 301. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent sovereign
authority of each tribal government to determine the role of the
tribal justice system within the tribal government or to enact and
enforce tribal laws;
(2) diminish in any way the authority of tribal governments to
appoint personnel;
(3) impair the rights of each tribal government to determine the
nature of its own legal system or the appointment of authority
within the tribal government;
(4) alter in any way any tribal traditional dispute resolution
forum;
(5) imply that any tribal justice system is an instrumentality
of the United States; or
(6) diminish the trust responsibility of the United States to
Indian tribal governments and tribal justice systems of such
governments.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
TABLE OF CONTENTS:
Title I: Tribal Justice Systems
Title II: Authorizations of Appropriations
Title III: Disclaimers
Indian Tribal Justice Act -
Title I: Tribal Justice Systems
- Establishes within the Bureau of Indian Affairs (Bureau) the Office of Tribal Justice Support (Office) to further the development of tribal justice systems and Courts of Indian Offenses. Transfers functions and personnel of the Bureau's Branch of Judicial Services to the Office.
Directs the Office to: (1) establish a tribal justice systems clearinghouse; (2) survey systems resources and funding; (3) provide training and technical assistance; and (4) provide funds to tribes and tribal organizations for the continuing operation of tribal justice systems.
Directs the Secretary of the Interior (Secretary) to contract for a survey of tribal judicial systems, which shall be annually updated.
Authorizes the Secretary to: (1) provide grants to or enter into contracts with tribes or tribal organizations for the development and operation of tribal justice systems; and (2) contract with tribal judicial conferences for such purposes.
Title II: Authorizations of Appropriations
- Authorizes appropriations for tribal justice systems and related activities through FY 2000. Authorizes additional appropriations for the tribal judicial system survey.
Exempts related appropriations from the Indian priority system.
Title III: Disclaimers
- States that nothing in this Act shall be construed to diminish: (1) the inherent authority of a tribe's governmental authority, including its legal system; or (2) the trust responsibility of the United States to tribal governments and legal systems, or to imply that any tribal court is a U.S. instrumentality.
|
{"src": "billsum_train", "title": "Indian Tribal Justice Act"}
| 3,506 | 365 | 0.630611 | 1.920646 | 0.775012 | 2.794562 | 10.26284 | 0.903323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rocky Flats Special Exposure Cohort
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in
this section as the ``Act'') was enacted to ensure fairness and
equity for the civilian men and women who, during the past 50
years, performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy and
its predecessor agencies by establishing a program that would
provide efficient, uniform, and adequate compensation for
beryllium-related health conditions and radiation-related
health conditions.
(2) The Act provides a process for consideration of claims
for compensation by individuals who were employed at relevant
times at various locations, but also includes provisions
designating employees at certain other locations as members of
a special exposure cohort whose claims are subject to a less-
detailed administrative process.
(3) The Act also authorizes the President, upon
recommendation of the Advisory Board on Radiation and Worker
Health, to designate additional classes of employees at
Department of Energy facilities as members of the special
exposure cohort if the President determines that--
(A) it is not feasible to estimate with sufficient
accuracy the radiation dose that the class received;
and
(B) there is a reasonable likelihood that the
radiation dose may have endangered the health of
members of the class.
(4) It has become evident that it is not feasible to
estimate with sufficient accuracy the radiation dose received
by employees at the Department of Energy facility in Colorado
known as the Rocky Flats site for the following reasons:
(A) Many worker exposures were unmonitored or were
not monitored adequately over the lifetime of the plant
at the Rocky Flats site. Even in 2004, a former worker
from the 1950's agreed to be scanned under the former
radiation worker program of the Department of Energy
and was found to have a significant internal deposition
of radiation that had been undetected and unrecorded
for more than 50 years.
(B) No lung counter for detecting and measuring
plutonium and americium in the lungs existed at Rocky
Flats until the late 1960s. Without this equipment, the
very insoluble oxide forms of plutonium cannot be
detected, and a large number of workers had inhalation
exposures that went undetected and unmeasured.
(C) Exposure to neutron radiation was not monitored
at the Rocky Flats site until the late 1950's, and most
of those measurements through 1970 have been found to
be in error. In some areas of the plant at the site,
the neutron doses were as much as 2 to 10 times as
great as the gamma doses received by workers, but only
gamma doses were recorded.
(D) Radiation exposures of many workers at the
Rocky Flats site were not measured (and in some cases
estimated doses were assigned), while some records have
been destroyed or lost. As a result, the exposure
histories and other data available are not adequate to
properly determine whether Rocky Flats workers qualify
for compensation under the Act.
(E) The model that has been used for dose
reconstruction by the National Institute for
Occupational Safety and Health (referred to in this
section as the ``Institute'') in determining whether
Rocky Flats workers qualify for compensation under the
Act is in error. The default values used for particle
size and solubility of the internally deposited
plutonium in workers are in error. Use of these
erroneous values to calculate internal doses for
claimants can result in dose calculations of as much as
3 to 10 times below what the Rocky Flats records and
autopsy data indicate.
(5) The administrative costs related to Rocky Flats claims
have been disproportionately high relative to the number of
claims that have been processed.
(6) Some Rocky Flats workers, despite having worked with
tons of plutonium and having known exposures leading to serious
health effects, have been denied compensation under the Act as
a result of potentially flawed calculations based on records
that are incomplete or in error, as well as the use of
incorrect models.
(7) Achieving the purposes of the Act with respect to
workers at Rocky Flats is more likely to be achieved if claims
by those workers are subject to the administrative procedures
applicable to members of the special exposure cohort.
(b) Purpose.--The purpose of this Act is to revise the Energy
Employees Occupational Illness Compensation Program Act of 2000 to
include certain Rocky Flats workers as members of the special exposure
cohort.
SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended by adding at the end the following new
subparagraph:
``(D) The employee was so employed for a number of
work days aggregating at least 250 work days before
January 1, 2006, by the Department of Energy or a
Department of Energy contractor or subcontractor at the
Rocky Flats site in Colorado.''.
(b) Reapplication.--A claim that an individual qualifies, by reason
of section 3621(14)(D) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (as added by subsection (a) of this
Act), for compensation or benefits under such Act shall be considered
for compensation or benefits notwithstanding any denial of any other
claim for compensation with respect to such individual.
|
Rocky Flats Special Exposure Cohort Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to amend the definition of a "member of the Special Exposure Cohort" for purposes of such Program to include persons who were employed by the Department of Energy (DOE) or a DOE contractor or subcontractor for an aggregate of at least 250 work days before January 1, 2006, at the Rocky Flats site in Colorado.
|
{"src": "billsum_train", "title": "To better provide for compensation for certain persons injured in the course of employment at the Rocky Flats site in Colorado."}
| 1,249 | 98 | 0.503342 | 1.448339 | 0.287315 | 3.375 | 14.225 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Board of Certification Act
of 2008''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a Federal Board of
Certification, which shall certify that the mortgages within a security
instrument meet the underlying standards they claim to meet with
regards to mortgage characteristics including but not limited to:
documentation, loan to value ratios, debt service to income ratios, and
borrower credit standards and geographic concentration. The purpose of
this certification process is to increase the transparency,
predictability and reliability of securitized mortgage products.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``Board'' means the Federal Board of
Certification established under this Act;
(2) the term ``mortgage security'' means an investment
instrument that represents ownership of an undivided interest
in a group of mortgages;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1803); and
(4) the term ``Federal financial institutions regulatory
agency'' has the same meaning as in section 1003 of the Federal
Financial Institutions Examination Council Act of 1978 (12
U.S.C. 3302).
SEC. 4. VOLUNTARY PARTICIPATION.
Market participants, including firms that package mortgage loans
into mortgage securities, may elect to have their mortgage securities
evaluated by the Board.
SEC. 5. STANDARDS.
The Board is authorized to promulgate regulations establishing
enumerated security standards which the Board shall use to certify
mortgage securities. The Board shall promulgate standards which shall
certify that the mortgages within a security instrument meet the
underlying standards they claim to meet with regards to documentation,
loan to value ratios, debt service to income rations and borrower
credit standards. The standards should protect settled investor
expectations, and increase the transparency, predictability and
reliability of securitized mortgage products.
SEC. 6. COMPOSITION.
(a) Establishment; Composition.--There is established the Federal
Board of Certification, which shall consist of--
(1) the Comptroller of the Currency;
(2) the Secretary of Housing and Urban Development;
(3) a Governor of the Board of Governors of the Federal
Reserve System designated by the Chairman of the Board;
(4) the Undersecretary of the Treasury for Domestic
Finance; and
(5) the Chairman of the Securities and Exchange Commission.
(b) Chairperson.--The members of the Board shall select the first
chairperson of the Board. Thereafter the position of chairperson shall
rotate among the members of the Board.
(c) Term of Office.--The term of each chairperson of the Board
shall be 2 years.
(d) Designation of Officers and Employees.--The members of the
Board may, from time to time, designate other officers or employees of
their respective agencies to carry out their duties on the Board.
(e) Compensation and Expenses.--Each member of the Board shall
serve without additional compensation, but shall be entitled to
reasonable expenses incurred in carrying out official duties as such a
member.
SEC. 7. EXPENSES.
The costs and expenses of the Board, including the salaries of its
employees, shall be paid for by excise fees collected from applicants
for security certification from the Board, according to fee scales set
by the Board.
SEC. 8. BOARD RESPONSIBILITIES.
(a) Establishment of Principles and Standards.--The Board shall
establish, by rule, uniform principles and standards and report forms
for the regular examination of mortgage securities.
(b) Development of Uniform Reporting System.--The Board shall
develop uniform reporting systems for use by the Board in ascertaining
mortgage security risk. The Board shall assess, and publicly publish,
how it evaluates and certifies the composition of mortgage securities.
(c) Affect on Federal Regulatory Agency Research and Development of
New Financial Institutions Supervisory Agencies.--Nothing in this Act
shall be construed to limit or discourage Federal regulatory agency
research and development of new financial institutions supervisory
methods and tools, nor to preclude the field testing of any innovation
devised by any Federal regulatory agency.
(d) Annual Report.--Not later than April 1 of each year, the Board
shall prepare and submit to Congress an annual report covering its
activities during the preceding year.
(e) Reporting Schedule.--The Board shall determine whether it wants
to evaluate mortgage securities at issuance, on a regular basis, or
upon request.
SEC. 9. BOARD AUTHORITY.
(a) Authority of Chairperson.--The chairperson of the Board is
authorized to carry out and to delegate the authority to carry out the
internal administration of the Board, including the appointment and
supervision of employees and the distribution of business among
members, employees, and administrative units.
(b) Use of Personnel, Services, and Facilities of Federal Financial
Institutions Regulatory Agencies, and Federal Reserve Banks.--In
addition to any other authority conferred upon it by this Act, in
carrying out its functions under this Act, the Board may utilize, with
their consent and to the extent practical, the personnel, services, and
facilities of the Federal financial institutions regulatory agencies,
and Federal Reserve banks, with or without reimbursement therefor.
(c) Compensation, Authority, and Duties of Officers and Employees;
Experts and Consultants.--The Board may--
(1) subject to the provisions of title 5, United States
Code, relating to the competitive service, classification, and
General Schedule pay rates, appoint and fix the compensation of
such officers and employees as are necessary to carry out the
provisions of this Act, and to prescribe the authority and
duties of such officers and employees; and
(2) obtain the services of such experts and consultants as
are necessary to carry out this Act.
SEC. 10. BOARD ACCESS TO INFORMATION.
For the purpose of carrying out this Act, the Board shall have
access to all books, accounts, records, reports, files, memorandums,
papers, things, and property belonging to or in use by Federal
financial institutions regulatory agencies, including reports of
examination of financial institutions, their holding companies, or
mortgage lending entities from whatever source, together with work
papers and correspondence files related to such reports, whether or not
a part of the report, and all without any deletions.
SEC. 11. REGULATORY REVIEW.
(a) In General.--Not less frequently than once every 10 years, the
Board shall conduct a review of all regulations prescribed by the
Board, in order to identify outdated or otherwise unnecessary
regulatory requirements imposed on insured depository institutions.
(b) Process.--In conducting the review under subsection (a), the
Board shall--
(1) categorize the regulations described in subsection (a)
by type; and
(2) at regular intervals, provide notice and solicit public
comment on a particular category or categories of regulations,
requesting commentators to identify areas of the regulations
that are outdated, unnecessary, or unduly burdensome.
(c) Complete Review.--The Board shall ensure that the notice and
comment period described in subsection (b)(2) is conducted with respect
to all regulations described in subsection (a), not less frequently
than once every 10 years.
(d) Regulatory Response.--The Board shall--
(1) publish in the Federal Register a summary of the
comments received under this section, identifying significant
issues raised and providing comment on such issues; and
(2) eliminate unnecessary regulations to the extent that
such action is appropriate.
(e) Report to Congress.--Not later than 30 days after carrying out
subsection (d)(1) of this section, the Board shall submit to the
Congress a report, which shall include a summary of any significant
issues raised by public comments received by the Board under this
section and the relative merits of such issues.
SEC. 12. LIABILITY.
Any publication, transmission, or webpage containing an
advertisement for or invitation to buy a mortgage security shall
include the following notice, in conspicuous type: ``Certification by
the Federal Board of Certification can in no way be considered a
guarantee of the mortgage security. Certification is merely a judgment
by the Federal Board of Certification of the degree of risk offered by
the security in question. The Federal Board of Certification is not
liable for any actions taken in reliance on such judgment of risk.''.
|
Federal Board of Certification Act of 2008 - Establishes a Federal Board of Certification to certify that the mortgages within a security instrument meet the underlying standards they claim to meet with regards to such mortgage characteristics as: (1) documentation; (2) loan to value ratios; (3) debt service to income ratios; and (4) borrower credit standards and geographic concentration. States that the purpose of this certification process is to increase the transparency, predictability, and reliability of securitized mortgage products.
Authorizes market participants, including firms that package mortgage loans into mortgage securities, to elect to have their mortgage securities evaluated by the Board.
Authorizes the Board to: (1) promulgate regulations establishing enumerated security standards to use in certifying mortgage securities; (2) establish uniform principles and standards and report forms for the regular examination of such securities; and (3) develop uniform reporting systems for ascertaining mortgage security risk.
Grants the Board access to all books, accounts, records, reports, files, memorandums, papers, things, and property belonging to or in use by federal financial institutions regulatory agencies.
Requires any publication, transmission, or webpage containing an advertisement for or invitation to buy a mortgage security to carry a disclaimer that certification by the Federal Board of Certification can in no way be considered a guarantee of the mortgage security, but is merely a judgment of the degree of risk offered by the security in question.
|
{"src": "billsum_train", "title": "A bill to establish a Federal Board of Certification to enhance the transparency, credibility, and stability of financial markets, and for other purposes."}
| 1,832 | 306 | 0.690801 | 2.295676 | 0.896741 | 6.130435 | 6.166667 | 0.971014 |
SECTION 1. SUSPENSION OF DUTY ON CERTAIN MANUFACTURING EQUIPMENT.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.84.79 Calendaring or
other rolling
machines for
rubber, valued
at not less than
$2,200,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8420.10.90,
8420.91.90, or
8420.99.90) and
material holding
devices or
similar
attachments
thereto......... Free No change No change On or before
12/31/2000
9902.84.81 Shearing machines
used to cut
metallic tissue
capable of a
straight cut of
5 m or more,
valued at not
less than
$750,000 each,
numerically
controlled
(provided for in
subheading
8462.31.00)..... Free No change No change On or before
12/31/2000
9902.84.83 Machine tools for
working wire of
iron or steel
for use in
products
provided for in
subheading
4011.20.10,
valued at not
less than
$375,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8463.30.00)..... Free No change No change On or before
12/31/2000
9902.84.85 Extruders of a
type used for
processing
rubber, valued
at not less than
$2,000,000 each,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.20.00 or
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.87 Machinery for
molding,
retreading, or
otherwise
forming uncured,
unvulcanized
rubber for use
in processing
products
provided for in
subheading
4011.20.10,
valued at not
less than
$800,000 each,
capable of
holding
cylinders
measuring 114
centimeters or
more in
diameter,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.51.00 or
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.89 Sector mold press
machines used
for curing or
vulcanizing
rubber, valued
at not less than
$1,000,000 each,
weighing 135,000
kg or more,
numerically
controlled, or
parts thereof
(provided for in
subheading
8477.90.80)..... Free No change No change On or before
12/31/2000
9902.84.91 Sawing machines,
valued at not
less than
$600,000 each,
weighing 18,000
kg or more, for
working cured,
vulcanized
rubber described
in heading 4011
(provided for in
subheading
8465.91.00)..... Free No change No change On or before
12/31/2000
(b) Effective Date.--
(1) General rule.--The amendment made by subsection (a)
applies with respect to goods entered, or withdrawn from
warehouse for consumption, on the date that is 15 days after
the date of enactment of this Act.
(2) Retroactive application to certain entries.--
Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request
filed with the Customs Service before the 90th day after the
date of enactment of this Act, any entry, or withdrawal from
warehouse for consumption, of any goods described in subheading
9902.84.79, 9902.84.81, 9902.84.83, 9902.84.85, 9902.84.87,
9902.84.89, or 9902.84.91 of the Harmonized Tariff Schedule of
the United States (as added by subsection (a)) that was made--
(A) on or after May 1, 1997; and
(B) before the 15th day after the date of enactment
of this Act;
shall be liquidated or reliquidated as though such entry or
withdrawal occurred on the date that is 15 days after the date
of enactment of this Act.
|
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2000, the duty on: (1) certain calendaring or other rolling machines for rubber; (2) certain shearing machines used to cut metallic tissue; (3) certain machine tools for working wire of iron or steel; (4) certain extruders of a type used for processing rubber; (5) certain machinery for molding, retreading, or otherwise forming uncured, unvulcanized rubber; (6) certain sector mold press machines used for curing or vulcanizing rubber; and (7) certain sawing machines for working cured, vulcanized rubber.
|
{"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain manufacturing equipment."}
| 892 | 138 | 0.489517 | 1.528061 | 0.55045 | 1.958678 | 6.586777 | 0.917355 |
SECTION 1. INTERNATIONAL INTELLECTUAL PROPERTY PROTECTION OBJECTIVES.
The principal objectives of the United States regarding
international protection of intellectual property rights are--
(1) to accelerate the full implementation of parts I, II,
and III of the Agreement on Trade-Related Aspects of
Intellectual Property Rights (hereafter referred to as the
``Agreement on TRIPS'');
(2) to seek enactment and effective implementation by
foreign countries of standards for protection and enforcement
of intellectual property rights that supplement and strengthen
the standards and obligations contained in the Agreement on
TRIPS and the North American Free Trade Agreement, including,
but not limited to--
(A) supplementing and strengthening such standards
and obligations through bilateral and multilateral
agreements to assure the protection of new and emerging
technologies, and new methods of transmission,
distribution, and use, and
(B) eliminating discrimination, unreasonable
exceptions, or preconditions with respect to the
protection, enforcement, or commercial enjoyment of the
full economic benefits arising from any use or
exploitation of intellectual property rights;
(3) to secure fair, equitable, and nondiscriminatory market
access opportunities for United States persons holding
intellectual property rights, including rights that are
currently or that may later be granted by a foreign country to
its own nationals with respect to the use or exploitation of
intellectual property;
(4) to take an active role in the development of the
intellectual property regime under the World Trade Organization
(hereafter referred to as the ``WTO''), particularly with
respect to monitoring implementation of the regime by WTO
members and use of the WTO dispute settlement procedures;
(5) to take an active role in the World Intellectual
Property Organization (hereafter referred to as the ``WIPO'')
and to ensure that the WIPO and the WTO work together in a
mutually supportive fashion;
(6) to establish and maintain a Model Intellectual Property
Agreement which sets forth a high level of intellectual
property rights protection and to ensure that all future
international trade agreements entered into by the United
States are based on the Model Intellectual Property Agreement;
(7) to make protection of intellectual property rights a
priority factor for determining eligibility to participate in
future free trade agreements and the generalized system of
preferences;
(8) to ensure that countries or fast-growing economic
entities that seek to accede to the WTO agree to full and
effective implementation of parts I, II, and III of the
Agreement on TRIPS and resolve any major outstanding
intellectual property-related issues of concern to the United
States prior to accession;
(9) to require that United States diplomatic missions
abroad include intellectual property rights protection as a
priority objective of the mission; and
(10) to take appropriate action, including the
establishment of technical cooperation committees, to encourage
and help foreign countries improve the protection of
intellectual property rights.
SEC. 2. REQUIREMENTS FOR ENTRY INTO NEW FREE TRADE AGREEMENTS.
(a) In General.--Notwithstanding any other provision of law, the
President may not negotiate any new free trade agreement with a foreign
country, unless the President first determines that such country--
(1) is fully implementing parts I, II, and III of the
Agreement on TRIPS, and
(2) is willing to enter into an agreement with the United
States to provide intellectual property rights protection in
line with the protection set forth in the Model Intellectual
Property Agreement developed pursuant to section 6.
(b) Upgrading Existing Free Trade Agreements.--If, after the date
of the enactment of this Act, the United States enters into a free
trade agreement with a foreign country that provides greater protection
of intellectual property rights than a free trade agreement previously
negotiated with another country, the President shall seek to amend such
previously negotiated agreement to provide for such greater protection
of intellectual property rights.
(c) Notice to Congressional Committees.--The President shall
provide written notice to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives of--
(1) any determination made under subsection (a), and
(2) any progress made in amending a previously negotiated
free trade agreement under subsection (b).
SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE PROTECTION OR
MARKET ACCESS FOR INTELLECTUAL PROPERTY RIGHTS.
Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is amended--
(1) in subsection (a)(1)--
(A) by striking ``or'' at the end of subparagraph
(A),
(B) by striking ``and'' at the end of subparagraph
(B) and inserting ``or'', and
(C) by adding at the end the following new
subparagraph:
``(C) deny the opportunity to enjoy on a
nondiscriminatory basis full commercial benefits
associated with exercising rights in protected works,
fixations, or products embodying protected works,
and'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) In identifying a priority foreign country under
subsection (a) (1) and (2), the Trade Representative shall take
into account--
``(A) the history of intellectual property
protection laws and practices of the foreign country,
including any past identification of the country under
such paragraphs (1) and (2), and
``(B) the history of the efforts of the United
States and the responses of the foreign country to
achieve adequate and effective protection of
intellectual property rights.''; and
(3) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) A foreign country denies adequate and effective
protection of intellectual property rights, if--
``(A) the foreign country is not implementing parts
I, II, and III of the Agreement on TRIPS, or
``(B) in the case of a foreign country that is
implementing parts I, II, and III of the Agreement on
TRIPS, or has entered into any other bilateral,
regional, or multilateral agreement with respect to the
United States, the foreign country--
``(i) continues to deny adequate and
effective opportunity for persons who are not
citizens or nationals of such foreign country
to secure, exercise, and enjoy full commercial
benefits with respect to intellectual property
rights, or
``(ii) does not enforce rights relating to
patents, process patents, registered
trademarks, copyrights and related rights,
trade secrets, and mask works.'';
(B) by amending so much of paragraph (3) as
precedes subparagraph (A) to read as follows:
``(3) A foreign country denies fair and equitable market
access if the foreign country effectively denies access to a
market for a product protected by a patent, process patent,
registered trademark, copyright or related right, trade secret,
or mask work through the use of laws, procedures, or
regulations which--''; and
(C) by adding at the end the following new
paragraphs:
``(4) A foreign country denies the opportunity to enjoy the
commercial benefits associated with exercising rights in
protected works, fixations, or products embodying protected
rights, if the foreign country grants access to methods of
distribution or collection of revenues generated from the use
or fixation of a product embodying protected rights, or any
other benefit relating to such works, fixations, or products
embodying protected rights, on terms more advantageous to its
own nationals than to nationals of another country.
``(5) 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 resulting from the
multilateral trade negotiations conducted under the auspices of
the General Agreement on Tariffs and Trade.''.
SEC. 4. EXPANSION OF TRADE SANCTIONS.
(a) In General.--Section 301(c) of the Trade Act of 1974 (19 U.S.C.
2411(c)) is amended by adding at the end the following new paragraph:
``(7) The President is authorized to take such other action
with respect to the United States relations with a foreign
country as is necessary and appropriate to enforce the rights
of the United States under any trade agreement or to eliminate
an act, policy, or practice described in subsection (a) or
(b).''.
(b) Unreasonable Acts, Policies, or Practices.--Section
301(d)(3)(B)(i)(II) of such Act (19 U.S.C. 2411(d)(3)(B)(i)(II)) is
amended to read as follows:
``(II) provision of adequate and
effective protection of intellectual
property rights, without regard to
whether the country is fully
implementing parts I, II, and III of
the Agreement on TRIPS or the
obligations of any other bilateral,
regional, or multilateral agreement,
or''.
(c) Conforming Amendment.--Section 301(d) of such Act (19 U.S.C.
2411(d)) is amended by adding at the end the following new paragraph:
``(10) 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 resulting from the
multilateral trade negotiations conducted under the auspices of
the General Agreement on Tariffs and Trade.''.
SEC. 5. ELIGIBILITY FOR GSP TREATMENT.
Section 504(b) of the Trade Act of 1974 (19 U.S.C. 2464(b)) is
amended to read as follows:
``(b) Changed Circumstances and Identification Under Section
182(a).--
``(1) In general.--The President shall, after complying
with the requirements of section 502(a)(2), withdraw or suspend
the designation of any country as a beneficiary developing
country if, after such designation, the President determines--
``(A) that as the result of changed circumstances
such country would be barred from designation as a
beneficiary developing country under section 502(b), or
``(B) such country has been identified under
section 182(a) and, after completion of an
investigation under title III, such country has not
implemented measures to eliminate the reason for such
country's identification under section 182(a)(1).
Such country shall cease to be a beneficiary developing country
on the day on which the President issues an Executive order or
Presidential proclamation revoking his designation of such
country under section 502.
``(2) Redesignation.--Subject to the provisions of section
501, the President may redesignate a country as a beneficiary
developing country if--
``(A) such country's designation was withdrawn or
suspended pursuant to paragraph (1)(B), and
``(B) such country is taking action to eliminate
the reasons for which it was identified under section
182(a)(1).''.
SEC. 6. MODEL INTELLECTUAL PROPERTY AGREEMENT.
(a) In General.--The United States Trade Representative, in
consultation with appropriate United States Government agencies and the
private sector, shall--
(1) develop and maintain a Model Intellectual Property
Agreement which contains provisions for a high level of
protection of intellectual property rights that supplement and
strengthen the standards and obligations contained in the
Agreement on TRIPS and the North American Free Trade Agreement,
and
(2) review periodically the Model Intellectual Property
Agreement to ensure that it reflects adequate protection for
new and emerging technologies.
(b) Use of Model.--The Model Intellectual Property Agreement shall
represent the negotiating objectives of the United States in all
international negotiations involving the protection of intellectual
property rights.
SEC. 7. ANNUAL INTERNATIONAL INTELLECTUAL PROPERTY PROTECTION REPORT.
Section 163(a)(2) of the Trade Act of 1974 (19 U.S.C. 2213(a)(2))
is amended--
(1) by striking ``and'' at the end of subparagraph (J), and
(2) by striking the period at the end of subparagraph (K)
and inserting: ``, and
``(L) a review of the efforts undertaken during the
preceding calendar year by each agency of the United
States in support of international protection of
intellectual property rights.''.
SEC. 8. PRIVATE SECTOR INVOLVEMENT IN INTERNATIONAL DISPUTE SETTLEMENT.
Not later than 90 days after the date of the enactment of this Act,
the United States Trade Representative shall develop and implement a
procedure for interested persons from the private sector to participate
in the preparation for dispute settlement proceedings which involve
intellectual property rights and with respect to which the United
States is a party.
|
(Sec. 1) Sets forth U.S. objectives with respect to the international protection of intellectual property rights.
(Sec. 2) Prohibits the President from negotiating any new free trade agreement with a foreign country, unless it is determined that such country: (1) is fully implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); and (2) is willing to enter into an agreement with the United States to provide intellectual property rights protection in line with that set forth in the Model Intellectual Property Agreement. Requires the President to amend existing free trade agreements to provide greater protection of such rights.
(Sec. 3) Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), among other things, to identify those foreign countries that deny the opportunity to enjoy on a nondiscriminatory basis full commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected works. Sets forth additional factors the USTR must take into account in identifying a priority foreign country. Revises provisions regarding a foreign country's denial of: (1) adequate protection of intellectual property rights; and (2) fair market access. Specifies when a foreign country denies the opportunity to enjoy the commercial benefits associated with exercising rights in protected works, fixations, or products embodying protected rights.
(Sec. 4) Authorizes the President, in addition to other specified sanctions, to take other necessary action to enforce U.S. rights under a trade agreement or to eliminate any foreign country act, policy, or practice which violates such agreement, or burdens or restricts U.S. commerce.
Revises the definition of when an act, policy, or practice is unreasonable to include any act, policy, or practice which denies fair and equitable provision of adequate protection of intellectual property rights, without regard to whether the country is fully implementing TRIPS, or the obligations of any other bilateral, regional, or multilateral agreement.
(Sec. 5) Requires the President, after complying with certain requirements, to withdraw or suspend the designation of a country as a beneficiary developing country that is eligible to receive benefits under the General System of Preferences, if it is determined that such country has been identified as a foreign priority country that denies fair and equitable protection of intellectual property rights and has failed to eliminate such practice. Provides for the redesignation of a country as a beneficiary developing country.
(Sec. 6) Requires the USTR to: (1) develop a Model Intellectual Property Agreement which contains provisions for the protection of intellectual property rights that supplement the standards contained in TRIPS and the North American Free Trade Agreement (NAFTA); and (2) review periodically the Model Intellectual Property Agreement to ensure it reflects adequate protection for new technologies.
(Sec. 7) Requires the President's annual international intellectual property protection report to include a review of the efforts undertaken during the preceding calendar year by each U.S. agency in support of international protection of intellectual property rights.
(Sec. 8) Requires the USTR to develop a procedure for interested private sector persons to participate in the preparation for dispute settlement proceedings which involve the United States with respect to intellectual property rights.
|
{"src": "billsum_train", "title": "A bill to improve the protection of intellectual property rights through the implementation of the Uruguay Round Agreements, and for other purposes."}
| 2,778 | 706 | 0.594418 | 1.959619 | 0.733144 | 3.772581 | 4.120968 | 0.914516 |
SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY,
NORTH DAKOTA.
(a) Purpose.--The purpose of this section is to consolidate certain
mineral interests in the Little Missouri National Grasslands in
Billings County, North Dakota, through the exchange of Federal and
private mineral interests in order to enhance land management
capability and environmental and wildlife protection.
(b) Exchange.--Notwithstanding any other provision of law--
(1) if, not later than 45 days after the date of enactment
of this Act, Burlington Resources Oil & Gas Company (referred
to in this section as ``Burlington'' and formerly known as
Meridian Oil Inc.), conveys title acceptable to the Secretary
of Agriculture (referred to in this section as the
``Secretary'') to rights and interests identified on the map
entitled ``Billings County, North Dakota, Consolidated Mineral
Exchange--November 1995'', by quitclaim deed acceptable to the
Secretary, the Secretary shall convey to Burlington, subject to
valid existing rights, by quit-claim deed, all Federal rights
and interests identified on that map; and
(2) if Burlington makes the conveyance under paragraph (1)
and, not later than 180 days after the date of enactment of
this Act, the owners of the remaining non-oil gas mineral
interests identified on that map convey title acceptable to the
Secretary to all rights, title, and interests in the interests
held by them, by quitclaim deed acceptable to the Secretary,
the Secretary shall convey to those owners, subject to valid
existing rights, by exchange deed, all Federal rights, title,
and interests in National Forest System lands and National
Grasslands in the State of North Dakota as are agreed to by the
Secretary and the owners of those interests.
(c) Leasehold Interests.--As a condition precedent to the
conveyance of interests by the Secretary to Burlington under this
section, all leasehold and contractual interests in the oil and gas
interests to be conveyed by Burlington to the United States under this
section shall be released, to the satisfaction of the Secretary.
(d) Approximate Equal Value of Exchanges With Other Interest
Owners.--The values of the interests to be exchanged under subsection
(b)(2) shall be approximately equal, as determined by the Secretary.
(e) Land Use.--
(1) Exploration and development.--The Secretary shall grant
to Burlington, and its successors and assigns, the use of
Federally-owned surface lands to explore for and develop
interests conveyed to Burlington under this Act, subject to
applicable Federal and State laws.
(2) Surface occupancy and use.--Rights to surface occupancy
and use that Burlington would have absent the exchange under
this Act on its interests conveyed under this Act shall apply
to the same extent on the federally owned surface estate
overlying oil and gas rights conveyed to Burlington under this
Act.
(f) Environmental Protection for Environmentally Sensitive Lands.--
All activities of Burlington, and its successors and assigns, relating
to exploration and development on environmentally sensitive National
Forest System lands, as described in the ``Memorandum of Understanding
Concerning Certain Severed Mineral Estates, Billings County, North
Dakota'', executed by the Forest Service and Burlington and dated
November 2, 1995, shall be subject to the terms of the memorandum.
(g) Map.--The map referred to in subsection (b) shall be provided
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives, kept on file in
the office of the Chief of the Forest Service, and made available for
public inspection in the office of the Forest Supervisor of the Custer
National Forest within 45 days after the date of enactment of this Act.
(h) Other Laws.--The exchange under subsection (b)(1) shall be
deemed to meet the requirements of all other Federal laws, including
all land exchange laws, environmental laws, and cultural laws (such as
the National Historic Preservation Act (16 U.S.C. 470 et seq.)), and no
further compliance with any other law shall be required in order to
implement the exchanges.
(i) Continuation of Multiple Use.--Nothing in this Act, shall
limit, restrict, or otherwise affect the application of the principle
of multiple use (including outdoor recreation, range, timber,
watershed, and fish and wildlife purposes) in any area of the Little
Missouri National Grasslands. Federal grazing permits or privileges in
areas designated on the map entitled ``Billings County, North Dakota,
Consolidated Mineral Exchange--November 1995'' or those lands described
in the Memorandum of Understanding Concerning Certain Severed Mineral
Estates, Billings County, North Dakota'', shall not be curtailed or
otherwise limited as a result of the exchange authorized by this Act.
|
Directs the Secretary of Agriculture to convey to the Burlington Resources Oil and Gas Company (formerly known as Meridian Oil Inc.) all Federal rights and interests identified on a map entitled the "Billings County, North Dakota, Consolidated Mineral Exchange--November 1995," contingent on Burlington's conveyance to the Secretary of title to its own rights and interests identified on the same map.
Directs the Secretary to convey to owners of the remaining non-oil gas mineral interests identified on the map all Federal rights, title, and interests in the National Forest System lands and National Grasslands in the State of North Dakota, contingent on the owners' conveyance to the Secretary, after Burlington's conveyance, of all their rights, title, and interests.
Directs the Secretary to grant to Burlington the use of federally-owned surface lands to explore for and develop interests conveyed to Burlington under this Act.
|
{"src": "billsum_train", "title": "A bill to consolidate certain mineral interests in the National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests to enhance land management capabilities and environmental and wildlife protection, and for other purposes."}
| 1,111 | 204 | 0.769626 | 2.263291 | 0.827317 | 4.247059 | 5.623529 | 0.929412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Winnemem Wintu Tribe Clarification
and Restoration Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Winnemem Wintu Indian Tribe was entitled to have
been included in the 1979 acknowledgement process that created
a list of federally recognized California tribes;
(2) in addition to its continuous historic relationship
with the Federal Government, the trust status of the Tribe was
reaffirmed by the provisions of the Act of July 30, 1941 (55
Stat. 612, chapter 334), which granted to the United States all
tribal and allotted Indian land within the area embraced by the
Central Valley Project;
(3) under that Act, the Secretary, acting through the
Commissioner of Reclamation, on January 5, 1942, created the
Shasta Reservoir Indian Cemetery, which contains Winnemem Wintu
remains, markers, and other appurtenances held in trust by the
United States;
(4) Winnemem Wintu remains were removed to that cemetery
from the traditional cemetery of the Tribe in the McCloud River
valley that was flooded by the Shasta Reservoir;
(5) the Bureau of Reclamation informed the Area Director of
the Indian Service in writing on December 22, 1942, of the new
cemetery and its status as Federal trust land;
(6) the Secretary, through an administrative oversight or
inaction of the Indian Service, overlooked the trust status of
the Tribe, which was reaffirmed by the making of partial
restitution by the Secretary for the taking of tribal land and
the 1941 relocation of the remains of tribal members, which
remain interred in the Shasta Reservoir Indian Cemetery;
(7) the ongoing trust relationship of the Tribe with the
Federal Government should have been recognized by the
Secretary, and the Tribe should have been included in the 1979
listing of federally recognized California tribes; and
(8) the Tribe, as a matter of sovereign choice, has
determined that the conduct of gaming by the Tribe would be
detrimental to the maintenance of its traditional tribal
culture.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Service area.--The term ``service area'' means the
counties of Shasta and Siskiyou, California.
(3) Tribe.--The term ``Tribe'' means the Indians of the
Winnemem Wintu Tribe of northern California.
SEC. 4. CLARIFICATION OF FEDERAL STATUS AND RESTORATION OF FEDERAL
RIGHTS AND PRIVILEGES.
(a) Federal Status.--Federal status is restored to the Tribe.
(b) Applicable Law.--Except as otherwise provided in this Act, all
laws (including regulations) of general applicability to Indians and
nations, tribes, or bands of Indians that are not inconsistent with any
provision of this Act shall be applicable to the Tribe and members of
the Tribe.
(c) Restorations of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and members of
the Tribe under any Federal treaty, Executive order, agreement, or
statute, or under any other authority that were diminished or lost
under Public Law 85-671 (72 Stat. 619) are restored, and that Act shall
be inapplicable to the Tribe or members of the Tribe after the date of
enactment of this Act.
(d) Federal Services and Benefits.--
(1) Eligibility.--
(A) In general.--Without regard to the existence of
a reservation, the Tribe and its members shall be
eligible, on and after the date of enactment of this
Act, for all Federal services and benefits furnished to
federally recognized Indian tribes or their members.
(B) Residing on a reservation.--For the purposes of
Federal services and benefits available to members of
federally recognized Indian tribes residing on a
reservation, members of the Tribe residing in the
service area shall be deemed to be residing on a
reservation.
(2) Relation to other laws.--The eligibility for or receipt
of services and benefits under paragraph (1) by the Tribe or a
member of the Tribe shall not be considered as income,
resources, or otherwise when determining the eligibility for or
computation of any payment or other benefit to the Tribe or
member under--
(A) any financial aid program of the United States,
(including grants and contracts under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); or
(B) any other benefit to which the Tribe or member
would otherwise be entitled under any Federal or
federally assisted program.
(e) Hunting, Fishing, Trapping, Gathering, and Water Rights.--
Nothing in this Act expands, reduces, or otherwise affects in any
manner any hunting, fishing, trapping, gathering, or water rights of
the Tribe and members of the Tribe.
(f) Certain Rights Not Altered.--Except as specifically provided in
this Act, nothing in this Act alters any property right or obligation,
any contractual right or obligation, or any obligation for taxes
levied.
SEC. 5. RESERVATION OF THE TRIBE.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall take the 42.5-acre site presently occupied by the Tribe
into trust for the benefit of the Tribe, and that land shall be the
reservation of the Tribe.
SEC. 6. GAMING.
The Tribe shall not have the right to conduct gaming (within the
meaning of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)).
|
Winnemem Wintu Tribe Clarification and Restoration Act - Restores Federal recognition to the Winnemem Wintu Indian Tribe of California.
|
{"src": "billsum_train", "title": "A bill to restore recognition to the Winnemem Wintu Indian Tribe of California."}
| 1,285 | 36 | 0.543019 | 1.537969 | 0.50155 | 2.6 | 56.4 | 0.9 |
SECTION 1. MTBE PROHIBITION.
(a) MTBE Prohibition.--Section 211(c) of the Clean Air Act (42
U.S.C. 7545(c)) is amended by adding at the end the following:
``(5) Prohibition on use of mtbe.--
``(A) In general.--Subject to subparagraph (C), not
later than 6 months after the date of enactment of this
paragraph, the use of methyl tertiary butyl ether in
motor vehicle fuel in any State is prohibited.
``(B) Regulations.--The Administrator shall
promulgate regulations to carry out the prohibition set
forth in subparagraph (A).
``(C) Trace quantities.--In carrying out
subparagraph (A), the Administrator may allow trace
quantities of methyl tertiary butyl ether, not to
exceed 0.5 percent by volume, to be present in motor
vehicle fuel in cases that the Administrator determines
to be appropriate.''.
(b) No Effect on Law Concerning State Authority.--The amendments
made by subsection (a) have no effect on the law in effect on the day
before the date of enactment of this Act regarding the authority of
States to limit the use of methyl tertiary butyl ether in motor vehicle
fuel.
SEC. 2. ELIMINATION OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
(a) Repeal.--Section 211(k) of the Clean Air Act (42 U.S.C.
7545(k)) is amended--
(1) in paragraph (2)--
(A) in the second sentence of subparagraph (A), by
striking ``(including the oxygen content requirement
contained in subparagraph (B))'';
(B) by striking subparagraph (B); and
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(2) in paragraph (3)(A), by striking clause (v);
(3) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking clause (i); and
(ii) by redesignating clauses (ii) and
(iii) as clauses (i) and (ii), respectively;
and
(B) in subparagraph (C)--
(i) by striking clause (ii); and
(ii) by redesignating clause (iii) as
clause (ii).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
(c) Maintenance of Toxic Air Pollutant Emission Reductions.--
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended as follows:
(1) By striking ``Within 1 year after the enactment of the
Clean Air Act Amendments of 1990,'' and inserting the
following:
``(A) In general.--Not later than November 15,
1991,''.
(2) By adding at the end the following:
``(B) Maintenance of toxic air pollutant emissions
reductions from reformulated gasoline.--
``(i) Definitions.--In this subparagraph
the term `PADD' means a Petroleum
Administration for Defense District.
``(ii) Regulations regarding emissions of
toxic air pollutants.--Not later than 270 days
after the date of enactment of this
subparagraph the Administrator shall establish,
for each refinery or importer, standards for
toxic air pollutants from use of the
reformulated gasoline produced or distributed
by the refinery or importer that maintain the
reduction of the average annual aggregate
emissions of toxic air pollutants for
reformulated gasoline produced or distributed
by the refinery or importer during calendar
years 1999 and 2000, determined on the basis of
data collected by the Administrator with
respect to the refinery or importer.
``(iii) Standards applicable to specific
refineries or importers.--
``(I) Applicability of standards.--
For any calendar year, the standards
applicable to a refinery or importer
under clause (ii) shall apply to the
quantity of gasoline produced or
distributed by the refinery or importer
in the calendar year only to the extent
that the quantity is less than or equal
to the average annual quantity of
reformulated gasoline produced or
distributed by the refinery or importer
during calendar years 1999 and 2000.
``(II) Applicability of other
standards.--For any calendar year, the
quantity of gasoline produced or
distributed by a refinery or importer
that is in excess of the quantity
subject to subclause (I) shall be
subject to standards for toxic air
pollutants promulgated under
subparagraph (A) and paragraph (3)(B).
``(iv) Credit program.--The Administrator
shall provide for the granting and use of
credits for emissions of toxic air pollutants
in the same manner as provided in paragraph
(7).
``(v) Regional protection of toxics
reduction baselines.--
``(I) In general.--Not later than
60 days after the date of enactment of
this subparagraph, and not later than
April 1 of each calendar year that
begins after that date of enactment,
the Administrator shall publish in the
Federal Register a report that
specifies, with respect to the previous
calendar year--
``(aa) the quantity of
reformulated gasoline produced
that is in excess of the
average annual quantity of
reformulated gasoline produced
in 1999 and 2000; and
``(bb) the reduction of the
average annual aggregate
emissions of toxic air
pollutants in each PADD, based
on retail survey data or data
from other appropriate sources.
``(II) Effect of failure to
maintain aggregate toxics reductions.--
If, in any calendar year, the reduction
of the average annual aggregate
emissions of toxic air pollutants in a
PADD fails to meet or exceed the
reduction of the average annual
aggregate emissions of toxic air
pollutants in the PADD in calendar
years 1999 and 2000, the Administrator,
not later than 90 days after the date
of publication of the report for the
calendar year under subclause (I),
shall--
``(aa) identify, to the
maximum extent practicable, the
reasons for the failure,
including the sources, volumes,
and characteristics of
reformulated gasoline that
contributed to the failure; and
``(bb) promulgate revisions
to the regulations promulgated
under clause (ii), to take
effect not earlier than 180
days but not later than 270
days after the date of
promulgation, to provide that,
notwithstanding clause
(iii)(II), all reformulated
gasoline produced or
distributed at each refinery or
importer shall meet the
standards applicable under
clause (ii) not later than
April 1 of the year following
the report in subclause (II)
and for subsequent years.
``(vi) Regulations to control hazardous air
pollutants from motor vehicles and motor
vehicle fuels.--Not later than July 1, 2004,
the Administrator shall promulgate final
regulations to control hazardous air pollutants
from motor vehicles and motor vehicle fuels, as
provided for in section 80.1045 of title 40,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph).''.
(d) Consolidation in Reformulated Gasoline Regulations.--Not later
than 180 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall revise the
reformulated gasoline regulations under subpart D of part 80 of title
40, Code of Federal Regulations, to consolidate the regulations
applicable to VOC-Control Regions 1 and 2 under section 80.41 of that
title by eliminating the less stringent requirements applicable to
gasoline designated for VOC-Control Region 2 and instead applying the
more stringent requirements applicable to gasoline designated for VOC-
Control Region 1.
(e) Savings Clause.--Nothing in this section is intended to affect
or prejudice either any legal claims or actions with respect to
regulations promulgated by the Administrator of the Environmental
Protection Agency prior to enactment of this Act regarding emissions of
toxic air pollutants from motor vehicles or the adjustment of standards
applicable to a specific refinery or importer made under such prior
regulations and the Administrator may apply such adjustments to the
standards applicable to such refinery or importer under clause (iii)(I)
of section 211(k)(1)(B) of the Clean Air Act, except that--
(1) the Administrator shall revise such adjustments to be
based only on calendar years 1999-2000; and
(2) for adjustments based on toxic air pollutant emissions
from reformulated gasoline significantly below the national
annual average emissions of toxic air pollutants from all
reformulated gasoline, the Administrator may revise such
adjustments to take account of the scope of any lawful and
enforceable Federal or State prohibition on methyl tertiary
butyl ether imposed after the effective date of the enactment
of this paragraph, except that any such adjustment shall
require such refiner or importer, to the greatest extent
practicable, to maintain the reduction achieved during calendar
year 1999-2000 in the average annual aggregate emissions of
toxic air pollutants from reformulated gasoline produced or
distributed by the refinery or importer. Any such adjustment
shall not be made at a level below the average percentage of
reductions of emissions of toxic air pollutants for
reformulated gasoline supplied to PADD I during calendar years
1999-2000.
SEC. 3. FUNDING FOR MTBE CONTAMINATION.
Notwithstanding any other provision of law, there is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency from the Leaking Underground Storage Tank Trust Fund not more
than $850,000,000 for the fiscal year period of fiscal years 2004
through 2008.
|
Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MBTE) as a motor vehicle fuel additive.
Repeals the oxygen content requirement for reformulated gasoline.
Requires the Administrator of the Environmental Protection Agency to promulate regulations which continue required toxic air pollutant emissions reductions from reformulated gasoline.
Authorizes appropriations from the Leaking Underground Storage Tank Trust Fund.
|
{"src": "billsum_train", "title": "To amend the Clean Air Act to prohibit the use of methyl tertiary butyl ether as a gasoline additive and to repeal the oxygenate requirement for reformulated gasoline, to provide funding for the clean up of underground storage tanks, and for other purposes."}
| 2,186 | 99 | 0.464989 | 1.06343 | 0.571764 | 3.485714 | 27.528571 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ESOP Promotion Act of 1997''.
SEC. 2. PROVISIONS RELATING TO S CORPORATIONS ESTABLISHING EMPLOYEE
STOCK OWNERSHIP PLANS.
(a) Repeal of Provision Making Certain ESOP Benefits Inapplicable
to S Corporations.--Section 1316(d) of the Small Business Job
Protection Act of 1996 is repealed, and the Internal Revenue Code of
1986 shall be applied and administered as if the amendments made by
such section had not been enacted.
(b) Repeal of Application of Unrelated Business Income Tax.--
Section 512(e) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``described in section 1361(c)(7)'' in
paragraph (1) and inserting ``described in section 501(c)(3)
and exempt from taxation under section 501(a)'', and
(2) by inserting ``Charitable Organizations Holding Stock
in'' after ``Applicable to'' in the heading.
(c) ESOPs Allowed To Distribute Cash Rather Than Stock.--
(1) In general.--Section 409(h)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(8) Plan maintained by s corporation.--In the
case of a plan established and maintained by an S
corporation which otherwise meets the requirements of
this subsection or section 4975(e)(7), such plan shall
not be treated as failing to meet the requirements of
this subsection or section 401(a) merely because it
does not permit a participant to exercise the right
described in paragraph (1)(A) if such plan provides
that the participant entitled to a distribution from
the plan shall have a right to receive the distribution
in cash.''
(2) Conforming amendments.--Section 409(h)(2) of such Code
is amended--
(A) by striking ``A plan'' and inserting:
``(A) In general.--A plan'', and
(B) by striking ``In the case of an employer'' and
inserting:
``(B) Plans restricted by charter or bylaws.--In
the case of an employer''.
(d) Exemptions From Prohibited Transaction Rules Available to ESOPs
and Shareholder Employees.--The last sentence of section 408(d) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108(d)) is
amended by striking all that precedes ``a participant or beneficiary''
and inserting ``For purposes of this subsection,''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 3. AMENDMENTS RELATED TO SECTION 1042.
(a) Extension of Section 1042 Principles to Stock Received as
Compensation for Services.--
(1) In general.--Section 83 of the Internal Revenue Code of
1986 (relating to property transferred in connection with
performance of services) is amended by adding at the end the
following new subsection:
``(i) Exception for Transfers of Qualified Securities Sold to
Employee Stock Ownership Plans.--
``(1) Exclusion from income.--Subsections (a) and (b) shall
not apply to, and no amount shall be includible in gross income
with respect to, the transfer of any qualified security (as
defined in section 1042(c)(1)) in connection with the
performance of services if, and to the extent that, within 60
days after the event which would cause the recognition of
income pursuant to subsection (a) or (b) but for this
subsection, the transferee sells such qualified security to an
employee stock ownership plan (as defined in section
4975(e)(7)) and the requirements of section 1042(a) are met
with respect to such sale.
``(2) No deduction by employer.--Notwithstanding the
provisions of subsection (h), the person for whom the services
were performed in connection with which any qualified security
is transferred shall not be entitled to a deduction with
respect to such transfer if, and to the extent that, paragraph
(1) applies to such transfer.''
(2) Conforming amendments.--
(A) Section 424(c)(1) of such Code is amended by
striking ``or'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, or'', and by adding at the end the
following new subparagraph:
``(D) a sale to which section 1042 applies.''
(B) Section 1042(a) of such Code is amended--
(i) by striking ``which would be recognized
as long-term capital gain'' from the first
sentence thereof, and
(ii) by adding at the end the following new
sentence: ``Any gain which is recognized after
the application of the preceding sentence shall
be treated as ordinary income to the extent of
the lesser of the amount of such gain or the
amount which would have been treated as
ordinary income but for this section.''
(C) Section 1042(b)(4) of such Code is amended by
adding at the end the following new sentence: ``The
requirements of the preceding sentence shall not apply
to qualified securities received by the taxpayer in a
transfer to which section 83 or 422 applied (or to
which section 422 or 424 (as in effect on the day
before the date of enactment of the Revenue
Reconciliation Act of 1990) applied).''
(D) Section 1042(c)(1)(B) of such Code is amended
to read as follows:
``(B) were not received by the taxpayer in--
``(i) a distribution from a plan described
in section 401(a), or
``(ii) a transfer pursuant to a right to
acquire stock to which section 423 applied.''
(E) The first sentence of section 1042(d) of such
Code is amended to read as follows: ``The basis of the
taxpayer in qualified replacement property purchased by
the taxpayer during the replacement period shall be
reduced by the amount of gain not recognized by virtue
of such purchase, taking into account the application
of subsection (a) and, if applicable, the application
of section 83(i) or section 424(c)(1)(D).''
(F) Section 1042(e)(1) of such Code is amended to
read as follows:
``(1) In general.--If a taxpayer disposes of any qualified
replacement property, then, notwithstanding any other provision
of this title, gain (if any) shall be recognized to the extent
of the gain which was not recognized by reason of the
acquisition by such taxpayer of such qualified replacement
property, taking into account the application of subsection (a)
and, if applicable, the application of section 83(i) or
424(c)(1)(D). Such gain shall be treated as ordinary income to
the extent of the excess (if any) of the amount which would
have been treated as ordinary income but for the application of
such sections over the amount treated as ordinary income under
the last sentence of subsection (a).''
(3) Effective date.--The amendments made by this subsection
shall apply to sales of qualified securities on or after the
date of the enactment of this Act.
(b) Modification to 25-Percent Shareholder Rule.--
(1) In general.--Section 409(n)(1)(B) of such Code is
amended to read as follows:
``(B) for the benefit of any other person who owns
(after the application of section 318(a)) more than 25
percent of--
``(i) the total combined voting power of
all classes of stock of the corporation which
issued such employer securities or of any
corporation which is a member of the same
controlled group of corporations (within the
meaning of subsection (l)(4)) as such
corporation, or
``(ii) the total value of all classes of
stock of any such corporation.''
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act.
SEC. 4. ESOP DIVIDENDS MAY BE REINVESTED WITHOUT LOSS OF DIVIDEND
DEDUCTION.
(a) In General.--Section 404(k)(2)(A) of the Internal Revenue Code
of 1986 (defining applicable dividends) is amended by striking ``or''
at the end of clause (ii), by redesignating clause (iii) as clause
(iv), and by inserting after clause (ii) the following new clause:
``(iii) is, at the election of such
participants or their beneficiaries--
``(I) payable as provided in clause
(i) or (ii), or
``(II) paid to the plan and
reinvested in qualifying employer
securities, or''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
|
ESOP Promotion Act of 1997 - Repeals provisions of the Small Business Job Protection Act of 1996 which made certain employee stock ownership plan (ESOP) benefits inapplicable to S corporations (certain small business corporations).
Excludes from gross income transfers of qualified securities in connection with the performance of services if such securities are sold to an ESOP within 60 days of the taxable event.
Permits ESOP dividends to be reinvested without losing the dividend deduction.
|
{"src": "billsum_train", "title": "ESOP Promotion Act of 1997"}
| 2,046 | 104 | 0.504421 | 1.25555 | 0.674806 | 2.52381 | 21.190476 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Helping Invest through
Property and Improvements Needed for Veterans Act of 2016'' or the
``CHIP IN for Vets Act of 2016''.
SEC. 2. PILOT PROGRAM ON ACCEPTANCE BY THE DEPARTMENT OF VETERANS
AFFAIRS OF DONATED FACILITIES AND RELATED IMPROVEMENTS.
(a) Pilot Program Authorized.--
(1) In general.--Notwithstanding sections 8103 and 8104 of
title 38, United States Code, the Secretary of Veterans Affairs
may carry out a pilot program under which the Secretary may
accept donations of the following property from entities
described in paragraph (2):
(A) Real property (including structures and
equipment associated therewith)--
(i) that includes a constructed facility;
or
(ii) to be used as the site of a facility
constructed by the entity.
(B) A facility to be constructed by the entity on
real property of the Department of Veterans Affairs.
(2) Entities described.--Entities described in this
paragraph are the following:
(A) A State or local authority.
(B) An organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(C) A limited liability corporation.
(D) A private entity.
(E) A donor or donor group.
(F) Any other non-Federal Government entity.
(3) Limitation.--The Secretary may accept not more than
five donations of real property and facility improvements under
the pilot program and as described in this section.
(b) Conditions for Acceptance of Property.--The Secretary may
accept the donation of a property described in subsection (a)(1) under
the pilot program only if--
(1) the property is--
(A) a property with respect to which funds have
been appropriated for a Department facility project; or
(B) a property identified as--
(i) meeting a need of the Department as
part of the long-range capital planning process
of the Department; and
(ii) the location for a Department facility
project that is included on the Strategic
Capital Investment Planning process priority
list in the most recent budget submitted to
Congress by the President pursuant to section
1105(a) of title 31, United States Code; and
(2) an entity described in subsection (a)(2) has entered
into or is willing to enter into a formal agreement with the
Secretary in accordance with subsection (c) under which the
entity agrees to independently donate the real property,
improvements, goods, or services, for the Department facility
project in an amount acceptable to the Secretary and at no
additional cost to the Federal Government.
(c) Requirement To Enter Into an Agreement.--
(1) In general.--The Secretary may accept real property and
improvements donated under the pilot program by an entity
described in subsection (a)(2) only if the entity enters into a
formal agreement with the Secretary that provides for--
(A) the donation of real property and improvements
(including structures and equipment associated
therewith) that includes a constructed facility; or
(B) the construction by the entity of a facility
on--
(i) real property and improvements of the
Department of Veterans Affairs; or
(ii) real property and improvements donated
to the Department by the entity.
(2) Content of certain agreements.--With respect to an
entity described in subsection (a)(2) that seeks to enter into
a formal agreement under paragraph (1) of this subsection that
includes the construction by the entity of a facility, the
formal agreement shall provide for the following:
(A) The entity shall conduct all necessary
environmental and historic preservation due diligence,
shall comply with all local zoning requirements (except
for studies and consultations required of the
Department under Federal law), and shall obtain all
permits required in connection with the construction of
the facility.
(B) The entity shall use construction standards
required of the Department when designing and building
the facility, except to the extent the Secretary
determines otherwise.
(C) The entity shall provide the real property,
improvements, goods, or services in a manner described
in subsection (b)(2) sufficient to complete the
construction of the facility, at no additional cost to
the Federal Government.
(d) No Payment of Rent or Usage Fees.--The Secretary may not pay
rent, usage fees, or any other amounts to an entity described in
subsection (a)(2) or any other entity for the use or occupancy of real
property or improvements donated under this section.
(e) Funding.--
(1) From department.--
(A) In general.--The Secretary may not provide
funds to help the entity finance, design, or construct
a facility in connection with real property and
improvements donated under the pilot program by an
entity described in subsection (a)(2) that are in
addition to the funds appropriated for the facility as
of the date on which the Secretary and the entity enter
into a formal agreement under subsection (c) for the
donation of the real property and improvements.
(B) Terms and conditions.--The Secretary shall
provide funds pursuant to subparagraph (A) under such
terms, conditions, and schedule as the Secretary
determines appropriate.
(2) From entity.--An entity described in subsection (a)(2)
that is donating a facility constructed by the entity under the
pilot program shall be required, pursuant to a formal agreement
entered under subsection (c), to provide other funds in
addition to the amounts provided by the Department under
paragraph (1) that are needed to complete construction of the
facility.
(f) Application.--An entity described in subsection (a)(2) that
seeks to donate real property and improvements under the pilot program
shall submit to the Secretary an application to address needs relating
to facilities of the Department, including health care needs,
identified in the Construction and Long-Range Capital Plan of the
Department, at such time, in such manner, and containing such
information as the Secretary may require.
(g) Information on Donations and Related Projects.--
(1) In general.--The Secretary shall include in the budget
submitted to Congress by the President pursuant to section
1105(a) of title 31, United States Code, information regarding
real property and improvements donated under the pilot program
during the year preceding the submittal of the budget and the
status of facility projects relating to that property.
(2) Elements.--Information submitted under paragraph (1)
shall include a detailed status of donations of real property
and improvements conducted under the pilot program and facility
projects relating to that property, including the percentage
completion of the donations and projects.
(h) Biennial Report of Comptroller General of the United States.--
Not less frequently than once every two years until the termination
date set forth in subsection (i), the Comptroller General of the United
States shall submit to Congress a report on the donation arrangements
entered into under the pilot program.
(i) Termination.--The authority for the Secretary to accept
donations under the pilot program shall terminate on the date that is
five years after the date of the enactment of this Act.
(j) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other arrangements or agreements that are authorized by law and
not inconsistent with this section.
|
Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016 or the CHIP IN for Vets Act of 2016 This bill authorizes the Department of Veterans Affairs (VA) to carry out a pilot program under which it may accept up to five donations from specified non-federal entities of: (1) real property that includes a constructed facility or that is to be used as the site of a facility constructed by the entity, and (2) a facility to be constructed by the entity on real property of the VA. The VA may accept such a donation only if the property is: (1) a property for which funds have been appropriated for a VA facility project, or (2) identified both as meeting a VA need as part of its long-range capital planning process and as the location for a VA facility project that is included on the Strategic Capital Investment Planning process priority list in the most recent budget submitted by the President. Also, the entity must agree to: independently donate the real property, improvements, goods, or services for the VA facility project in an amount acceptable to the VA and at no additional cost to the federal government; conduct all necessary environmental and historic preservation due diligence; comply with all local zoning requirements (except for federally required studies and consultations); obtain all permits required in connection with the construction of the facility; use construction standards required of the VA when designing and building the facility; and provide the real property, improvements, goods, or services in a manner sufficient to complete the construction of the facility, at no additional cost to the federal government. The Government Accountability Office shall report to Congress, at least biennially, on the donation arrangements entered into under the pilot program. The VA's authority to accept donations under the program shall terminate five years after the date of this bill's enactment.
|
{"src": "billsum_train", "title": "CHIP IN for Vets Act of 2016"}
| 1,584 | 384 | 0.721299 | 2.208566 | 0.79992 | 4.277473 | 4.145604 | 0.909341 |
TITLE I--LOW-POWER TELEVISION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Digital Translator and Low-Power
Television Transition Assistance Act''.
SEC. 102. DEADLINE FOR CONVERSION OF TRANSLATOR STATIONS AND LOW-POWER
ANALOG TELEVISION STATIONS.
(a) Digital Transition Period.--Section 336(f)(4) of the
Communications Act of 1934 (47 U.S.C. 336(f)(4)) is amended by striking
``such transition period.'' in the last sentence and inserting ``4
years after the date beyond which a television broadcast license may
not be renewed under section 309(j)(14) of this Act.''.
(b) Conforming Amendment.--Section 337(e)(1) of the Communications
Act of 1934 (47 U.S.C. 337(e)(1)) is amended by striking ``on which the
digital television service transition period terminates, as determined
by the Commission.'' and inserting ``that is 4 years after the date
beyond which a television broadcast license may not be renewed under
section 309(j)(14) of this Act.''.
SEC. 103. LOW-POWER DIGITAL TELEVISION TRANSITION.
(a) Trust Fund.--There is established on the books of the Treasury
a separate fund to be known as the ``Low-power Digital Television
Transition Trust Fund'', which shall be administered by the Assistant
Secretary of Commerce for Communications and Information.
(b) Source of Funds.--Paragraph (8) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) by inserting ``or subparagraph (D)'' in subparagraph
(A) after ``subparagraph (B)''; and
(2) by adding at the end the following new subparagraph:
``(D) Disposition of proceeds from auction of
channels 52 through 69.--So much of the proceeds
attributable to the auction of any eligible frequencies
on the electromagnetic spectrum conducted after the
date of enactment of the Low-Power Digital Television
Transition Assistance Act as does not exceed
$100,000,000, after the retention of revenues provided
for in subparagraph (B), shall be deposited in the Low-
power Digital Television Transition Trust Fund.''.
(c) Grant Program.--
(1) In general.--The Assistant Secretary of Commerce for
Communications and Information shall establish a program under
which grants may be made by the National Telecommunications and
Information Administration to eligible licensees of qualifying
low-power television stations under section 336 of the
Communications Act of 1934, State and local governments, and
community organizations for the purpose of--
(A) upgrading low-power television translator
stations from analog to digital in eligible rural
communities (as defined in section 601(b)(2) of the
Rural Electrification Act of 1936 (7 U.S.C.
950bb(b)(2)) and other areas served by low-power
television broadcast stations; and
(B) extending digital television broadcast signals
to unserved households (as defined section 119(d)(10)
of title 17, United States Code) located in such
eligible rural communities and other areas.
(2) Applications and conditions.--In conducting the
program, the Assistant Secretary--
(A) shall establish a notification and application
procedure;
(B) may establish such conditions, and require such
assurances, as may be appropriate to ensure the
efficiency and integrity of the grant program; and
(C) may make grants under the program on a matching
or nonmatching basis.
(3) Eligible licensees.--In this subsection, the term
``eligible licensee'' means the licensee or permittee of a low-
power television station licensee or low-power television
translator station as such terms as used in sections 336 and
337 of the Communications Act of 1934 (47 U.S.C. 336 and 337)).
(4) Reversion of unused funds.--Any unobligated amounts in
the Low-power Digital Television Transition Fund remaining
after the date on which the low-power digital television
service transition period (as defined in section 336(i)(3) of
the Communications Act of 1934) shall revert to and be
deposited in the general fund of the Treasury.
SEC. 104. FCC STATUS REPORT ON LOW-POWER TELEVISION AND TELEVISION
TRANSLATOR STATIONS.
Within 6 months after the date of enactment of this Act, the
Federal Communications Commission shall transmit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce and report and
recommendations on the status of low-power television stations and low-
power television translator stations.
TITLE II--INTERNATIONAL COORDINATION
SEC. 201. INTERNATIONAL COORDINATION STUDY.
Beginning February 1, 2006, and ending when international
coordination with Canada and Mexico of the DTV table of allotments is
complete, the Federal Communications Commission shall submit reports
every 6 months on the status of that international coordination to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Energy and Commerce.
D23/
|
Digital Translator and Low-Power Television Transition Assistance Act - Amends the Communications Act of 1934 to extend the deadline for conversion of translator stations and low-power analog television stations to advanced (digital) television services from the current transition period ending on December 31, 2006, to the period ending four years thereafter.
Establishes in the Treasury the Low-Power Digital Television Transition Trust Fund, funded by proceeds from the federal auction of certain electromagnetic spectrum frequencies, for the making of grants to licensees of low-power television stations, state and local governments, and community organizations to: (1) upgrade low-power television translator stations from analog to digital in eligible rural communities and other areas served by low-power television stations; and (2) extend digital television broadcast signals to unserved households located in such communities and areas. Requires a report from the Federal Communications Commission to specified congressional committees on the status of low-power television and translator stations.
Directs the FCC to report semiannually to such committees on the status of international cooperation with Canada and Mexico with respect to the Digital Television table of allotments.
|
{"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to ensure full access to digital television in areas served by low-power television, and for other purposes."}
| 1,179 | 232 | 0.59435 | 1.548058 | 0.893868 | 3.46729 | 4.593458 | 0.88785 |
SECTION 1. REGISTRATION OF FOREIGN PESTICIDES BY STATES.
(a) In General.--Section 24 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the
following:
``(d) Registration of Foreign Pesticides by States.--
``(1) Definitions.--In this subsection:
``(A) Comparable domestic pesticide.--The term
`comparable domestic pesticide' means a pesticide
that--
``(i) is registered under section 3;
``(ii) is not subject to a notice of intent
to cancel or suspend or an enforcement action
under section 12, based on the labeling or
composition of the pesticide;
``(iii) is used as the basis for comparison
for the determinations required under paragraph
(3); and
``(iv) is labeled for use on the site or
crop for which registration is sought under
this subsection on the basis of a use that is
not the subject of a pending interim
administrative review under section 3(c)(8).
``(B) Foreign pesticide.--The term `foreign
pesticide' means a pesticide that--
``(i) is registered for use as a pesticide
in a foreign country;
``(ii) is identical or substantially
similar in its composition to any pesticide
registered under section 3; and
``(iii) is registered by the registrant of
a comparable domestic pesticide or an
affiliated entity of the registrant.
``(2) Authority to register foreign pesticides.--
``(A) In general.--On the request of 1 or more
agricultural producers or on the initiative of a State,
the State may register a foreign pesticide for
distribution and use in the State if the registration
is consistent with this subsection and other provisions
of this Act and is approved by the Administrator.
``(B) Effect of registration.--
``(i) In general.--Except as provided in
clause (ii), on approval by the Administrator,
the registration of a foreign pesticide by a
State shall be considered a registration of the
pesticide under section 3.
``(ii) Distribution to other states.--A
foreign pesticide that is registered by a State
under this subsection and distributed to a
person in that State shall not be transported
to, or used by, a person in another State
unless the distribution and use is consistent
with the registration by the original State.
``(C) Registrant.--A State that registers a foreign
pesticide under this subsection shall be considered the
registrant of the foreign pesticide under this Act.
``(3) State requirements for registration.--To register a
foreign pesticide under this subsection, a State shall--
``(A)(i) determine whether the foreign pesticide is
identical or substantially similar in its composition
to a comparable domestic pesticide; and
``(ii) submit the proposed registration to the
Administrator only if the State determines that the
foreign pesticide is identical or substantially similar
in its composition to a comparable domestic pesticide;
``(B) for each food or feed use authorized by the
registration--
``(i) determine whether there exists a
tolerance or exemption under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)
that permits the residues of the pesticide on
the food or feed;
``(ii) identify the tolerances or
exemptions in the submission made under
subparagraph (D); and
``(iii) describe in the submission the
proposed application of the tolerances to meet
special local needs;
``(C) require that the pesticide bear a label
that--
``(i) specifies the information that is
required to comply with section 3(c)(5);
``(ii) identifies itself as the only valid
label;
``(iii) identifies the State in which the
product may be used;
``(iv) identifies the approved use and
includes directions for use, use restrictions,
and precautions that are identical or
substantial similar to the directions for use,
use restrictions, and precautions that are on
the approved label of the comparable domestic
pesticide; and
``(v) includes a statement indicating that
it is unlawful to distribute or use the foreign
pesticide in the State in a manner that is
inconsistent with the registration of the
pesticide by the State; and
``(D) submit to the Administrator a description of
the proposed registration of the foreign pesticide that
includes a statement of the determinations made under
this paragraph, the proposed labeling for the foreign
pesticide, and related supporting documentation.
``(4) Approval of registration by administrator.--
``(A) In general.--Not later than 60 days after
receipt of the proposed registration of a foreign
pesticide by a State submitted under paragraph (3)(D),
the Administrator shall approve the proposed
registration if the Administrator determines that the
proposed registration of the foreign pesticide by the
State is consistent with this subsection and other
provisions of this Act.
``(B) Notice of approval.--No registration of a
foreign pesticide by a State under this subsection
shall be considered approved, or be effective, until
the Administrator provides notice of approval of the
registration in writing to the State.
``(C) Harmonization of registrations.--In carrying
out this subsection, the Administrator shall take into
account the priority of harmonizing the registrations
of foreign pesticides and comparable domestic pesticide
in accordance with the United States-Canada Free Trade
Agreement, the North American Free Trade Agreement, and
other applicable agreements and treaties.
``(5) Labeling of foreign pesticides.--
``(A) Distribution.--After a notice of the approval
of a foreign pesticide by a State is received by the
State, the State shall make labels approved by the
State and the Administrator available to persons
seeking to distribute the foreign pesticide in the
State.
``(B) Use.--A foreign pesticide that is registered
by a State under this subsection may be used within the
State only if the foreign pesticide bears the approved
label for use in the State.
``(C) Containers.--Each container containing a
foreign pesticide registered by a State shall, before
the transportation of the foreign pesticide into the
State and at all times the foreign pesticide is
distributed or used in the State, bear a label that is
approved by the State and the Administrator.
``(D) Report.--A person seeking to distribute a
foreign pesticide registered by a State shall provide
to the State a report that--
``(i) identifies the person that will
receive and use the foreign pesticide in the
State; and
``(ii) states the quantity of the foreign
pesticide that will be transported into the
State.
``(E) Affixing labels.--The act of affixing a label
to a foreign pesticide under this subsection shall not
be considered production for the purposes of this Act.
``(6) Annual reports.--
``(A) Preparation.--A State registering 1 or more
foreign pesticides under this subsection shall prepare
an annual report that--
``(i) identifies the foreign pesticides
that are registered by the State;
``(ii) identifies the users of foreign
pesticides used in the State; and
``(iii) states the quantity of foreign
pesticides used in the State.
``(B) Availability.--On the request of the
Administrator, the State shall provide a copy of the
annual report to the Administrator.
``(7) Recalls.--If the Administrator determines that it is
necessary under this Act to terminate the distribution or use
of a foreign pesticide in a State, on the request of the
Administrator, the State shall recall the foreign pesticide.
``(8) Suspension of state authority to register foreign
pesticides.--
``(A) In general.--If the Administrator finds that
a State that has registered 1 or more foreign
pesticides under this subsection is not capable of
exercising adequate controls to ensure that
registration under this subsection is consistent with
this subsection and other provisions of this Act or has
failed to exercise adequate control over 1 or more
foreign pesticides, the Administrator may suspend the
authority of the State to register foreign pesticides
under this subsection until such time as the
Administrator determines that the State can and will
exercise adequate control of the foreign pesticides.
``(B) Notice and opportunity to respond.--Before
suspending the authority of a State to register a
foreign pesticide, the Administrator shall--
``(i) advise the State that the
Administrator proposes to suspend the authority
and the reasons for the proposed suspension;
and
``(ii) provide the State with an
opportunity time to respond to the proposal to
suspend.
``(9) Disclosure of information by administrator to the
state.--The Administrator may disclose to a State that is
seeking to register a foreign pesticide in the State
information that is necessary for the State to make the
determinations required by paragraph (3) if the State certifies
to the Administrator that the State can and will maintain the
confidentiality of any trade secrets or commercial or financial
information that was marked under section 10(a) provided by the
Administrator to the State under this subsection to the same
extent as is required under section 10.
``(10) Provision of information by registrants of
comparable domestic pesticides.--If a State registers a foreign
pesticide, and a registrant of a comparable domestic pesticide
that is (directly or through an affiliate) a foreign registrant
fails to provide to the State the information possessed by the
registrant that is necessary to make the determinations
required by paragraph (3), the Administrator may suspend
without a hearing all pesticide registrations issued to the
registrant under this Act.
``(11) Patents.--Title 35, United States Code, shall not
apply to a foreign pesticide registered by a State under this
subsection that is transported into the United States or to any
person that takes an action with respect to the foreign
pesticide in accordance with this subsection.
``(12) Submissions.--A submission by a State under this
section shall not be considered an application under section
3(c)(1)(F).''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by adding at the end of the items relating to section
24 the following:
``(d) Registration of foreign pesticides by States.
``(1) Definitions.
``(2) Authority to register foreign pesticides.
``(3) State requirements for registration.
``(4) Approval of registration by
Administrator.
``(5) Labeling of foreign pesticides.
``(6) Annual reports.
``(7) Recalls.
``(8) Suspension of State authority to register
foreign pesticides.
``(9) Disclosure of information by
Administrator to the State.
``(10) Provision of information by registrants
of comparable domestic pesticides.
``(11) Patents.
``(12) Submissions.''.
(c) Effective Date.--This section and the amendments made by this
section take effect 60 days after the date of enactment of this Act.
|
Amends the Federal Insecticide, Fungicide, and Rodenticide Act to allow a State, on the request of an agricultural producer or on the State's initiative, to register a foreign pesticide for distribution and use in the State if registration is consistent with such Act and is approved by the Administrator of the Environmental Protection Agency.
Considers such registrations, on approval by the Administrator, as registrations under the Act. Bars the transport of such pesticides to, or use by, a person in another State unless the distribution and use is consistent with the registration by the original State.
Sets forth requirements for foreign pesticide registration by a State and approval by the Administrator. Requires the Administrator, in carrying out this Act, to take into account the priority of harmonizing the registrations of foreign and comparable domestic pesticides in accordance with applicable agreements and treaties.
Sets forth labeling requirements for foreign registered pesticides. Requires persons seeking to distribute such pesticides to provide to the State a report that: (1) identifies the person that will receive and use the pesticide in the State; and (2) states the quantity of the pesticide that will be transported into the State.
Directs States registering foreign pesticides to prepare annual reports that identify such pesticides and the users of such pesticides and state the quantity of such pesticides used.
Requires States, if the Administrator determines it necessary to terminate the distribution or use of a foreign pesticide, to recall the pesticide on the Administrator's request. Authorizes the Administrator to suspend the authority of a State to register foreign pesticides if a State is found incapable of exercising adequate controls to ensure that registration is consistent with the Act. Provides States with an opportunity to respond before suspension.
Makes Federal patent law inapplicable to a foreign pesticide registered by a State that is transported into the United States or to any person that takes an action with respect to such pesticide in accordance with this Act.
|
{"src": "billsum_train", "title": "A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a foreign pesticide for distribution and use within that State."}
| 2,553 | 441 | 0.706986 | 1.892222 | 0.838623 | 3.807588 | 6.279133 | 0.918699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maine Coastal Islands Wilderness Act
of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) High-water mark.--The term ``high-water mark'' means
the point on the bank or shore up to which the water, by its
presence and action or flow, leaves a distinct mark indicated
by erosion, destruction of or change in vegetation, or other
easily recognizable characteristic.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), and subject to subsection (c), the
following Federal lands in the State of Maine are hereby designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Certain lands in the Cross Island National Wildlife
Refuge, comprising approximately 1,703 acres, as generally
depicted on the map entitled ``Cross Island National Wildlife
Refuge: Islands Wilderness Proposal'' and dated May, 2010,
which shall be known as the ``Cross Island Wilderness''. Cross
Island Wilderness includes six islands in a geographic cluster
in Washington County distributed over the following:
(A) Cross Island: 1,654 acres.
(B) Inner Double Head Shot Island: 8 acres.
(C) Outer Double Head Shot Island: 14 acres.
(D) Mink Island: 11 acres.
(E) Scotch Island: 10 acres.
(F) Old Man Island: 6 acres.
(2) Certain lands in the Petit Manan National Wildlife
Refuge, comprising approximately 1,553 acres, as generally
depicted on the maps entitled ``Petit Manan National Wildlife
Refuge: Islands Wilderness Proposal'' and dated May, 2010,
which shall be known as the ``Maine Coastal Islands
Wilderness''. Maine Coastal Islands Wilderness includes seven
islands distributed over the following:
(A) Outer Heron Island (Lincoln County): 66 acres.
(B) Outer White Island (Lincoln County): 16 acres.
(C) Little Marshall Island (Hancock County): 14
acres.
(D) John's Island (Hancock County): 43 acres.
(E) Bois Bubert Island (Washington County): 1,321
acres.
(F) Inner Sand Island (Washington County): 18
acres.
(G) Halifax Island (Washington County): 75 acres.
(b) Maps and Descriptions.--
(1) Filing and availability.--As soon as practicable after
the date of the enactment of this Act, the Secretary shall file
a map and legal description of each wilderness area designated
by subsection (a) with the Committee on Natural Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate. The maps and legal
descriptions filed shall be filed and made available for public
inspection by the Secretary in the office of the Director of
the United States Fish and Wildlife Service.
(2) Force and effect.--A map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(c) Seaward Boundary of Wilderness Areas.--The seaward boundary of
each wilderness area designated by this section shall be the high-water
mark.
SEC. 4. ADMINISTRATION.
(a) Management.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to any wilderness areas designated by
this Act, any reference in the Wilderness Act to the effective date of
the Wilderness Act is deemed to be a reference to the date of enactment
of this Act.
(b) Incorporation of Acquired Land and Interest.--Any land within
the boundary of the land designated as wilderness by section 3 that is
acquired by the United States shall--
(1) become part of the wilderness area; and
(2) be managed in accordance with this section.
(c) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be
construed as affecting the jurisdiction or responsibilities of the
State of Maine with respect to wildlife and fish.
(d) Buffer Zones.--Congress does not intend for the designation of
wilderness areas in the State under this section to lead to the
creation of protective perimeters or buffer zones around any wilderness
area.
(e) Activities or Uses up to Boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from within a
wilderness designated by this Act shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Navigational Devices.--Consistent with the purpose of the
Wilderness Act, the Secretary may authorize the installation of
navigational devices in any wilderness area designated by this Act for
the purpose of improving public health and safety.
(g) Landing of Watercraft.--Nothing in this Act shall be construed
as prohibiting the landing of a watercraft on an island on which is
located any area designated as a wilderness area by this Act.
|
Maine Coastal Islands Wilderness Act of 2011- Designates specified lands in Maine within the Cross Island National Wildlife Refuge, to be known as the Cross Island Wilderness, and within the Petit Manan National Wildlife Refuge, to be known as the Maine Coastal Islands Wilderness, as wilderness and as components of the National Wilderness Preservation System (NWPS).
|
{"src": "billsum_train", "title": "To designate certain Federal lands within the Cross Island National Wildlife Refuge and the Petit Manan National Wildlife Refuge, part of the Maine Coastal Islands National Wildlife Refuge Complex, in Lincoln County, Hancock County, and Washington County, Maine, as wilderness."}
| 1,255 | 79 | 0.633354 | 1.448298 | 0.83337 | 3.730159 | 17.174603 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower East Side Tenement National
Historic Site Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) immigration, and the resulting diversity of cultural
influences, is a key factor in defining American identity; the
majority of United States citizens trace their ancestry to
persons born in nations other than the United States;
(2) the latter part of the 19th century and the early part
of the 20th century marked a period in which the volume of
immigrants coming to the United States far exceeded that of any
time prior to or since that period;
(3) no single identifiable neighborhood in the United
States absorbed a comparable number of immigrants than the
Lower East Side neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in
New York City is an outstanding survivor of the vast number of
humble buildings that housed immigrants to New York City during
the greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long
associated with the immigrant experience in the United States,
New York's Lower East Side, and its importance to United States
history; and
(7) the National Park Service found the Lower East Side
Tenement at 97 Orchard Street to be nationally significant; the
Secretary of the Interior declared it a National Historic
Landmark on April 19, 1994, and the National Park Service
through a special resource study found the Lower East Side
Tenement suitable and feasible for inclusion in the National
Park System.
(b) Purposes.--The purposes of this Act are--
(1) to ensure the preservation, maintenance, and
interpretation of this site and to interpret at the site the
themes of immigration, tenement life in the later half of the
19th century and the first half of the 20th century, the
housing reform movement, and tenement architecture in the
United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York
City's Lower East Side and its role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton,
Ellis Island, and Statue of Liberty National Monuments.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Historic site.--The term ``historic site'' means the
Lower East Side Tenement at 97 Orchard Street on Manhattan
Island in New York City, New York, and designated as a national
historic site by section 4.
(2) Museum.--The term ``Museum'' means the Lower East Side
Tenement Museum, a nonprofit organization established in New
York City, which owns and operates the tenement building at 97
Orchard Street and manages other properties in the vicinity of
97 Orchard Street as administrative and program support
facilities for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF HISTORIC SITE.
(a) Designation.--To further the purposes of this Act and the Act
entitled ``An Act to provide for the preservation of historic American
sites, buildings, objects, and antiquities of national significance,
and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.), the Lower East Side Tenement at 97 Orchard Street, in the City
of New York, State of New York, is designated a national historic site.
(b) Status as Affiliated Site.--The Lower East Side Tenement
National Historic Site shall be an affiliated site of the National Park
System. The Secretary shall coordinate the operation and interpretation
of the historic site with that of the Lower East Side Tenement Historic
Site and the Statue of Liberty, Ellis Island, and Castle Clinton
National Monument, as the historic site's story and interpretation of
the immigrant experience in the United States is directly related to
the themes and purposes of these national Monuments.
(c) Ownership and Operation.--The Lower East Side Tenement National
Historic Site shall continue to be owned, operated, and managed by the
Lower East Side Tenement Museum, a nonprofit institution.
SEC. 5. MANAGEMENT OF THE SITE.
(a) Cooperative Agreement.--The Secretary is authorized to enter
into a cooperative agreement with the Lower East Side Tenement Museum
to ensure the marking, interpretation, and preservation of the national
historic site designated by this Act.
(b) Assistance.--The Secretary is authorized to provide technical
and financial assistance to the Lower East Side Tenement Museum to
mark, interpret, and preserve the national historic site including the
making of preservation-related capital improvements and repairs.
(c) Management Plan.--The Secretary shall, working with the Lower
East Side Tenement Museum, develop a general management plan for the
historic site to define the National Park Service's roles and
responsibilities with regard to the interpretation and the preservation
of the national historic site. The plan shall also outline how
interpretation and programming for the Lower East Side Tenement
National Historic Site and the Statue of Liberty, Ellis Island, and
Castle Clinton national monuments will be integrated and coordinated so
as to enhance the stories at each of the 4 sites. Such plan shall be
completed within 2 years after the enactment of this Act.
(d) Savings Clause.--Nothing in this Act authorizes the Secretary
to acquire the property at 97 Orchard Street or to assume overall
financial responsibility for the operation, maintenance, or management
of the Lower East Side Tenement National Historic Site.
SEC. 6. APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
|
Lower East Side Tenement National Historic Site Act of 1997 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System.
Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site.
Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site.
Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Lower East Side Tenement National Historic Site Act of 1997"}
| 1,287 | 255 | 0.645017 | 1.974517 | 0.828228 | 5.695652 | 5.173913 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jumpstarting Our Business Sector Act
of 2013''.
SEC. 2. CORPORATE INCOME TAX RATES REDUCED TO ZERO.
(a) Regular Tax.--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 0 percent of taxable income.''.
(b) Alternative Minimum Tax.--Section 55(b)(1)(B)(i) of such Code
is amended by striking ``20 percent'' and inserting ``0 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. EXCLUSION FOR NET CAPITAL GAIN.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically excluded
from gross income) is amended by inserting before section 101 the
following new section:
``SEC. 100. EXCLUSION FOR NET CAPITAL GAIN.
``Gross income shall not include net capital gain.''.
(b) Conforming Amendments.--
(1) Section 1 of such Code is amended by striking
subsection (h).
(2) Subchapter P of chapter 1 of such Code is amended by
striking part I.
(3) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting before the first
item the following new item:
``Sec. 100. Exclusion for net capital gain.''.
(4) The table of parts for subchapter P of chapter 1 of
such Code is amended by striking the item relating to part I.
(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. 3-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT
EXPENSING FOR CERTAIN BUSINESS ASSETS.
(a) In General.--
(1) Bonus depreciation.--Paragraph (2) of section 168(k) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2015'' in subparagraph
(A)(iv) and inserting ``January 1, 2018'', and
(B) by striking ``January 1, 2014'' each place it
appears and inserting ``January 1, 2017''.
(2) 100 percent expensing.--Paragraph (5) of section 168(k)
is amended to read as follows:
``(5) Temporary 100 percent bonus depreciation.--Paragraph
(1)(A) shall be applied by substituting `100 percent' for `50
percent' in the case of qualified property--
``(A) which is acquired by the taxpayer (under
rules similar to the rules of clauses (ii) and (iii) of
paragraph (2)(A))--
``(i) after September 8, 2010, and before
January 1, 2012, or
``(ii) after December 31, 2012, and before
January 1, 2018, and
``(B) which is placed in service by the taxpayer--
``(i) before January 1, 2012 (January 1,
2013, in the case of property described in
subparagraph (2)(B) or (2)(C)), or
``(ii) in the case of property described in
subparagraph (A)(ii), before January 1, 2017
(January 1, 2018, in the case of property
described in subparagraph (2)(B) or (2)(C)).''.
(b) Special Rules Relating to Election To Accelerate AMT Credit in
Lieu of Bonus Depreciation.--
(1) In general.--Subclause (II) of section
168(k)(4)(D)(iii) of such Code is amended by striking ``2014''
and inserting ``2017''.
(2) Round 4 extension property.--Paragraph (4) of section
168(k) of such Code is amended by adding at the end the
following new subparagraph:
``(K) Special rules for round 4 extension
property.--
``(i) In general.--In the case of round 4
extension property, this paragraph shall be
applied without regard to--
``(I) the limitation described in
subparagraph (B)(i) thereof, and
``(II) the business credit increase
amount under subparagraph (E)(iii)
thereof.
``(ii) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008, a taxpayer who made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, a taxpayer who
made the election under subparagraph (I)(iii)
for its first taxable year ending after
December 31, 2010, or a taxpayer who made the
election under subparagraph (J)(iii) for its
first taxable year ending after December 31,
2012--
``(I) the taxpayer may elect not to
have this paragraph apply to round 4
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer the bonus depreciation amount,
maximum amount, and maximum increase
amount shall be computed and applied to
eligible qualified property which is
round 4 extension property.
The amounts described in subclause (II) shall
be computed separately from any amounts
computed with respect to eligible qualified
property which is not round 4 extension
property.
``(iii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
neither made the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008, nor made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, nor made the
election under subparagraph (I)(iii) for any
taxable year ending after December 31, 2010,
nor made the election under subparagraph
(J)(iii) for its first taxable year ending
after December 31, 2012--
``(I) the taxpayer may elect to
have this paragraph apply to its first
3 taxable years ending after December
31, 2013, and each subsequent taxable
year, and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is round 4
extension property.
``(iv) Round 4 extension property.--For
purposes of this subparagraph, the term `round
4 extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 4(a)(1) of the
Jumpstarting Our Business Sector Act of 2013
(and the application of such extension to this
paragraph pursuant to the amendment made by
section 4(b)(1) of such Act).''.
(3) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``January 1, 2014''
and inserting ``January 1, 2017''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2014'' and inserting ``pre-january 1,
2017''.
(C) Subparagraph (C) of section 168(n)(2) of such
Code is amended by striking ``January 1, 2014'' and
inserting ``January 1, 2017''.
(D) Subparagraph (D) of section 1400L(b)(2) of such
Code is amended by striking ``January 1, 2014'' and
inserting ``January 1, 2017''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2014'' and
inserting ``January 1, 2017''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2013, in taxable
years ending after such date.
SEC. 5. REPEAL OF ESTATE AND GIFT TAXES.
(a) In General.--Subtitle B of the Internal Revenue Code of 1986
(relating to estate, gift, and generation-skipping taxes ) is hereby
repealed.
(b) Effective Date.--The repeal made by subsection (a) shall apply
to estates of decedents dying, gifts made, and generation-skipping
transfers made after the date of the enactment of this Act.
|
Jumpstarting Our Business Sector Act of 2013 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the alternative minimum tax (AMT) on corporations in taxable years beginning after 2013; (2) exclude net capital gain from gross income; (3) extend for three years the increased depreciation allowance (bonus depreciation), the 100% expensing allowance for business assets, and the election to accelerate the AMT tax credit in lieu of bonus depreciation; and (4) repeal the estate, gift, and generation-skipping transfer taxes.
|
{"src": "billsum_train", "title": "Jumpstarting Our Business Sector Act of 2013"}
| 2,008 | 121 | 0.503496 | 1.274444 | 0.607858 | 2.583333 | 16.194444 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Paycheck Fairness Act of
1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Workers who pay dues or fees to a labor organization
may not, as a matter of law, be required to pay to that
organization any dues or fees supporting activities that are
not necessary to performing the duties of the exclusive
representative of the employees in dealing with the employer on
labor-management issues.
(2) Many labor organizations use portions of the dues or
fees they collect from the workers they represent for
activities that are not necessary to performing the duties of
the exclusive representative of the employees in dealing with
the employer on labor-management issues. These dues may be used
to support political, social, or charitable causes or many
other noncollective bargaining activities. Unfortunately, many
workers who pay such dues or fees have insufficient information
both about their rights regarding the payment of dues or fees
to a labor organization and about how labor organizations spend
employee dues or fees.
(3) It is a fundamental tenet of this Nation that all men
and women have a right to make individual and informed choices
about the political, social, or charitable causes they support,
and the law should protect that right to the greatest extent
possible.
SEC. 3. PURPOSE.
The purpose of this Act is to ensure that all workers have
sufficient information about their rights regarding the payment of dues
or fees to labor organizations and the uses of employee dues and fees
by labor organizations and that the right of all workers to make
individual and informed choices about the political, social, or
charitable causes they support is protected to the greatest extent
possible.
SEC. 4. WRITTEN CONSENT.
(a) In General.--
(1) Authorization.--A labor organization accepting payment
of any dues or fees from an employee as a condition of
employment pursuant to an agreement authorized by Federal law
must secure from each employee prior, voluntary, written
authorization for any portion of such dues or fees which will
be used for activities not necessary to performing the duties
of the exclusive representative of the employees in dealing
with the employer on labor-management issues.
(2) Requirements.--Such written authorization shall clearly
state that an employee may not be required to provide such
authorization and that if such authorization is provided, the
employee agrees to allow any dues or fees paid to the labor
organization to be used for activities which are not necessary
to performing the duties of exclusive representation and which
may be political, social, or charitable in nature.
(b) Revocation.--An authorization described in subsection (a) shall
remain in effect until revoked. Such revocation shall be effective upon
30 days written notice.
(c) Civil Action by Employees.--
(1) Liability.--Any labor organization which violates this
section or section 7 shall be liable to the affected employee--
(A) for damages equal to--
(i) the amount of the dues or fees accepted
in violation of this section;
(ii) the interest on the amount described
in clause (i) calculated at the prevailing
rate; and
(iii) an additional amount as liquidated
damages equal to the sum of the amount
described in clause (i) and the interest
described in clause (ii); and
(B) for such equitable relief as may be
appropriate.
(2) Right of action.--An action to recover the damages or
equitable relief prescribed in paragraph (1) may be maintained
against any labor organization in any Federal or State court of
competent jurisdiction by any one or more employees for and in
behalf of--
(A) the employees; or
(B) the employees and other employees similarly
situated.
(3) Fees and costs.--The court in such action shall, in
addition to any judgment awarded to the plaintiff, allow a
reasonable attorney's fee, reasonable expert witness fees, and
other costs of the action to be paid by the defendant.
(4) Limitation.--An action may be brought under this
subsection not later than 2 years after the date the employee
knew or should have known that dues or fees were accepted or
spent by a labor organization in violation of this Act, except
that such period shall be extended to 3 years in the case of a
willful violation.
SEC. 5. NOTICE.
An employer whose employees are represented by a collective
bargaining representative shall be required to post a notice, of such
size and in such form as the Department of Labor shall prescribe, in
conspicuous places in and about its plants and offices, including all
places where notices to employees are customarily posted, informing
employees that any labor organization accepting payment of any dues or
fees from an employee as a condition of employment pursuant to an
agreement authorized by Federal law must secure from each employee
prior, written authorization if any portion of such dues or fees will
be used for activities not necessary to performing the duties of the
exclusive representative of the employees in dealing with the employer
on labor-management issues.
SEC. 6. DISCLOSURE TO WORKERS.
(a) Expenses Reporting.--Section 201(b) of the Labor-Management
Reporting and Disclosure Act of 1959 is amended by adding at the end
the following new sentence: ``Every labor organization shall be
required to attribute and report expenses in such detail as necessary
to allow members to determine whether such expenses were necessary to
performing the duties of the exclusive representative of the employees
in dealing with the employer on labor-management issues.''
(b) Disclosure.--Section 201(c) of the Labor-Management Reporting
and Disclosure Act of 1959 is amended--
(1) by inserting ``and employees required to pay any dues
or fees to such organization'' after ``members''; and
(2) inserting ``or employee required to pay any dues or
fees to such organization'' after ``member'' each place it
appears.
(c) Written Requests.--Section 205(b) of the Labor-Management
Reporting and Disclosure Act of 1959 is amended by adding at the end
the following new sentence: ``Upon written request, the Secretary shall
make available complete copies of any report or other document filed
pursuant to section 201.''.
SEC. 7. RETALIATION AND COERCION PROHIBITED.
It shall be unlawful for any labor organization to coerce,
intimidate, threaten, interfere with, or retaliate against any employee
in the exercise of, or on account of having exercised, any right
granted or protected by this Act.
SEC. 8. REGULATIONS.
(a) In General.--The Secretary of Labor shall prescribe such
regulations as are necessary to carry out section 5 not later than 60
days after the enactment of this Act and shall prescribe such
regulations as are necessary to carry out the amendments made by
section 6 not later than 120 days after the enactment of this Act.
(b) Duties of Federal Election Commission.--The Federal Election
Commission shall provide assistance to the Secretary of Labor in
prescribing regulations under this Act, including providing the
Secretary with an analysis comparing this Act and the amendments made
by this Act with related provisions regarding labor organizations and
their members under the Federal Election Campaign Act of 1971.
SEC. 9. EFFECTIVE DATE AND APPLICATION.
This Act shall be effective immediately upon enactment, except that
sections 4 and 5 pertaining to worker consent and notice shall take
effect 90 days after enactment and section 6 pertaining to disclosure
shall take effect 150 days after enactment.
|
Worker Paycheck Fairness Act of 1999 - Requires a labor union accepting payment of any dues or fees from an employee as a condition of employment to secure from each employee a prior, voluntary, written authorization for any portion of such dues or fees which will be used for activities not necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Gives employees a right of civil action against any labor union which violates this requirement.
Requires employers to post notice relating to such requirement.
Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were necessary to performing the duties of exclusive representation in dealing with the employer on labor-management issues. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members.
Makes it unlawful for any labor organization to coerce, intimidate, threaten, interfere with, or retaliate against any employee in the exercise of, or on account of having exercised, any right granted or protected by this Act.
Directs the Federal Election Commission to provide assistance to the Secretary of Labor in prescribing regulations under this Act, including providing the Secretary with an analysis comparing this Act and the amendments it makes with related provisions regarding labor organizations and their members under the Federal Election Campaign Act of 1971.
|
{"src": "billsum_train", "title": "Worker Paycheck Fairness Act of 1999"}
| 1,629 | 321 | 0.564268 | 1.742736 | 0.825798 | 6.45614 | 5.410526 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Reauthorization Act of
2017''.
SEC. 2. INCREASED FUNDING LIMIT FOR DIRECT REMEDIATION.
Section 104(k)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(3)) is
amended by adding at the end the following:
``(E) Exception.--If, in any fiscal year, the
amount appropriated under this subsection exceeds
$200,000,000, a grant provided in that fiscal year
under subparagraph (A)(ii) may not exceed $600,000 for
each site to be remediated.''.
SEC. 3. MULTIPURPOSE BROWNFIELDS GRANTS.
Section 104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)) is
amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively;
(2) in paragraph (3)(A) by striking ``Subject to paragraphs
(4) and (5)'' and inserting ``Subject to paragraphs (5) and
(6)''; and
(3) by inserting after paragraph (3) the following:
``(4) Multipurpose brownfields grants.--
``(A) In general.--Subject to subparagraph (D) and
paragraphs (5) and (6), the Administrator shall
establish a program to provide multipurpose grants to
an eligible entity, based on the considerations under
paragraph (3)(C), to carry out inventory,
characterization, assessment, planning, or remediation
activities at 1 or more brownfield sites in a proposed
area.
``(B) Grant amounts.--
``(i) Individual grant amounts.--A grant
awarded under this paragraph may not exceed
$950,000.
``(ii) Cumulative grant amounts.--The total
amount of grants awarded for each fiscal year
under this paragraph may not exceed 15 percent
of the funds made available for the fiscal year
to carry out this subsection.
``(C) Criteria.--In awarding a grant under this
paragraph, the Administrator shall consider the extent
to which an eligible entity is able--
``(i) to provide an overall plan for
revitalization of the 1 or more brownfield
sites in the proposed area in which the
multipurpose grant will be used;
``(ii) to demonstrate a capacity to conduct
the range of eligible activities that will be
funded by the multipurpose grant; and
``(iii) to demonstrate that a multipurpose
grant will meet the needs of the 1 or more
brownfield sites in the proposed area.
``(D) Condition.--As a condition of receiving a
grant under this paragraph, each eligible entity shall
expend the full amount of the grant not later than the
date that is 3 years after the date on which the grant
is awarded to the eligible entity unless the
Administrator, in the discretion of the Administrator,
provides an extension.''.
SEC. 4. EXPANDED ELIGIBILITY FOR NONPROFIT ORGANIZATIONS.
Section 104(k)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(1)) is
amended--
(1) in subparagraph (G) by striking ``or'' after the
semicolon;
(2) in subparagraph (H) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(I) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code;
``(J) a limited liability corporation in which all
managing members are organizations described in
subparagraph (I) or limited liability corporations
whose sole members are organizations described in
subparagraph (I);
``(K) a limited partnership in which all general
partners are organizations described in subparagraph
(I) or limited liability corporations whose sole
members are organizations described in subparagraph
(I); or
``(L) a qualified community development entity (as
defined in section 45D(c)(1) of the Internal Revenue
Code of 1986).''.
SEC. 5. ALLOWING ADMINISTRATIVE COSTS FOR GRANT RECIPIENTS.
Paragraph (5) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1) of this Act) is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by striking subclause (III); and
(ii) by redesignating subclauses (IV) and
(V) as subclauses (III) and (IV), respectively;
(B) by striking clause (ii);
(C) by redesignating clause (iii) as clause (ii);
and
(D) in clause (ii) (as so redesignated) by striking
``Notwithstanding clause (i)(IV)'' and inserting
``Notwithstanding clause (i)(III)''; and
(2) by adding at the end the following:
``(E) Administrative costs.--
``(i) In general.--An eligible entity may
use up to 9 percent of the amounts made
available under a grant or loan under this
subsection for administrative costs.
``(ii) Restriction.--For purposes of clause
(i), the term `administrative costs' does not
include the costs of--
``(I) investigation and
identification of the extent of
contamination;
``(II) design and performance of a
response action; or
``(III) monitoring of a natural
resource.''.
SEC. 6. TREATMENT OF CERTAIN PUBLICLY OWNED BROWNFIELD SITES.
Section 104(k)(2) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)(2)) is
amended by adding at the end the following:
``(C) Exemption for certain publicly owned
brownfield sites.--Notwithstanding any other provision
of law, an eligible entity that is a governmental
entity may receive a grant under this paragraph for
property acquired by that governmental entity prior to
January 11, 2002, even if the governmental entity does
not qualify as a bona fide prospective purchaser (as
that term is defined in section 101(40)), so long as
the eligible entity has not caused or contributed to a
release or threatened release of a hazardous substance
at the property.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Paragraph (13) of section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k))
(as redesignated by section 3(1) of this Act) is amended to read as
follows:
``(13) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$250,000,000 for each of the fiscal years 2017 through 2022.''.
SEC. 8. STATE RESPONSE PROGRAM FUNDING.
Section 128(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9628(a)(3)) is
amended by striking ``2006'' and inserting ``2022''.
|
Brownfields Reauthorization Act of 2017 (Sec. 2) This bill modifies the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to specify if a state or local government takes title to a brownfield site as a result of law enforcement activity, that government is not an owner or operator for the purposes of CERCLA. (Brownfields are certain commercial properties that are hindered from reuse or redevelopment due to the presence of a hazardous substance, pollutant, or contaminant.) (Sec. 3) The bill modifies brownfield program eligibility with respect to petroleum sites where no viable responsible party exists. Specifically, it eliminates the requirement that sites be of relatively low risk. (Sec. 4) The bill revises leaseholder status regarding bona fide prospective purchasers. (Sec. 5) The bill expands CERCLA eligibility for nonprofit organizations and qualified community development entities. (Sec. 6) The brownfield site characterization and assessment grant program and the brownfield remediation grant and loan program are revised by authorizing eligible governmental entities to receive grants and loans for property that was acquired before January 11, 2002, even if the entities do not qualify as bona fide prospective purchasers. (Sec. 7) The bill increases the cap on the amount that may be given in grants and loans for each site to be remediated. (Sec. 8) The Environmental Protection Agency (EPA) must establish a program to provide multipurpose grants to carry out inventory, characterization, assessment, planning, or remediation activities at brownfield sites. (Sec. 9) The bill allows grant recipients to use up to 5% of funds for administrative costs. (Sec. 10) The bill reauthorizes brownfields revitalization funding through FY2022. (Sec. 11) The bill reauthorizes state response programs through FY2022.
|
{"src": "billsum_train", "title": "Brownfields Reauthorization Act of 2017"}
| 1,718 | 427 | 0.559765 | 1.823871 | 0.577241 | 2.085799 | 4.319527 | 0.754438 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community
Development Financial Institutions Fund Amendments Act of 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Change of status of the Fund; miscellaneous technical
corrections.
Sec. 3. Amendments to programs administered by the Fund and the
Bank Enterprise Act of 1991.
Sec. 4. Extension of authorization.
Sec. 5. Amendments to Small Business Capital Enhancement Program.
Sec. 6. Additional safeguards.
SEC. 2. CHANGE OF STATUS OF THE FUND; MISCELLANEOUS TECHNICAL
CORRECTIONS.
(a) Purpose.--Section 102(b) of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4701(b)) is amended
to read as follows:
``(b) Purpose.--The purpose of this subtitle is to create a
Community Development Financial Institutions Fund to promote economic
revitalization and community development through investment in and
assistance to community development financial institutions, including
enhancing the liquidity of community development financial
institutions, and through incentives to insured depository institutions
that increase lending and other assistance and investment in both
economically distressed communities and community development financial
institutions.''.
(b) Definitions.--
(1) Section 103 of the Community Development Banking and
Financial Institutions Act of 1994 is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (17) as
paragraphs (1) through (16), respectively; and
(C) by inserting after paragraph (16), as so
redesignated, the following new paragraph:
``(17) Secretary.--Except in the case of section 104(d)(2),
the term `Secretary' means the Secretary of the Treasury.''.
(2) The Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended
(other than in section 118) by striking ``Administrator'' each
place such term appears and inserting ``Secretary''.
(c) Establishment of Fund Within the Department of the Treasury.--
(1) In general.--Section 104(a) of the Community
Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4703(a)) is amended to read as follows:
``(a) Establishment.--
``(1) In general.--There is established in the Department
of the Treasury a Community Development Financial Institutions
Fund that shall have the functions specified by this subtitle
and subtitle B of Title II. The offices of the Fund shall be in
Washington, D.C. The Fund shall not be affiliated with any
other agency or department of the Federal Government.
``(2) Wholly owned government corporation.--The Fund shall
be a wholly owned government corporation within the Department
of the Treasury and shall be treated in all respects as an
agency of the United States, except as otherwise provided in
this subtitle.''.
(2) Authority of the secretary of the treasury.--Section
104(b) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended to read
as follows:
``(b) Management of Fund.--
``(1) Authority of secretary of the treasury.--All
functions of the Fund shall be performed by or under the
supervision of the Secretary.
``(2) Appointment of officers and employees.--The Secretary
may appoint such officers and employees of the Fund,
including a Director, as the Secretary deems necessary or
appropriate.''.
(3) Inspector general.--
(A) In general.--Section 118 of the Community
Development Banking and Financial Institutions Act of
1994 is amended to read as follows:
``SEC. 118. INSPECTOR GENERAL.
``The Inspector General of the Department of the Treasury shall be
the Inspector General of the Fund.''.
(B) Technical and conforming amendment.--Section 11
of the Inspector General Act of 1978 (5 U.S.C. App. 3)
is amended--
(i) in paragraph (1), by striking ``; the
Administrator of the Community Development
Financial Institutions Fund;''; and
(ii) in paragraph (2), by striking ``the
Community Development Financial Institutions
Fund,''.
(4) Technical correction to rulemaking authority.--Section
119(a)(1) of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4717(a)(1)) is amended to
read as follows:
``(1) In general.--The Secretary may prescribe such
regulations and procedures as may be necessary to carry out
this subtitle.''.
SEC. 3. AMENDMENTS TO PROGRAMS ADMINISTERED BY THE FUND AND THE BANK
ENTERPRISE ACT OF 1991.
(a) Amendments to Community Development Financial Institutions
Program.--
(1) Form of assistance provided.--Section 108(a)(1)(B)(iii)
of the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4707(a)(1)(B)(iii)) is amended by
inserting ``through cooperative agreements or'' before ``by
contracting''.
(2) Training programs.--Section 109(d) of the Community
Development Banking and Financial Institutions Act of 1994 (12
U.S.C. 4708(d)) is amended to read as follows:
``(d) Form of Training.--The Fund may offer the training program
described in this section--
``(1) directly; or
``(2) through grants, contracts, or cooperative agreements
with other organizations that possess special expertise in
community development, without regard to whether the
organizations receive or are eligible to receive assistance
under this subtitle.''.
(b) Amendments to the Bank Enterprise Act Awards Program.--
(1) Awards for assistance to community development
financial institutions.--Paragraph (2) of section 233(a) of the
Bank Enterprise Act (12 U.S.C. 1834a(a)) is amended--
(A) in that portion of such paragraph which
precedes subparagraph (A), by striking ``for for'' and
inserting ``for'';
(B) in subparagraph (A), by striking ``for low- and
moderate-income persons'' and inserting ``to community
development financial institutions, low- and moderate-
income persons''; and
(C) in subparagraph (B)--
(i) by inserting ``of the increase'' after
``the amount''; and
(ii) by striking ``financial'' each place
such term appears.
(2) Increase in award amounts for certain activities.--
Section 114(b)(2) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C. 4713(b)(2)) is
amended by amending the substitute text used to apply section
233(a)(3) of the Bank Enterprise Act of 1991--
(A) in subparagraph (A), by inserting ``or (2)(B)''
after ``paragraph (2)(A)'';
(B) in subparagraph (A)(i), by inserting ``each''
before ``such subparagraph''; and
(C) in subparagraph (A)(ii), by inserting ``each''
before ``such subparagraph''.
(3) Awarding credit for additional qualified activities.--
Paragraph (4) of section 233(a) of the Bank Enterprise Act (12
U.S.C. 1834a(a)(4)) is amended--
(A) in the portion of such paragraph which precedes
subparagraph (A), by inserting ``and (2)(B)'' after
``paragraph (2)(A)''; and
(B) by adding at the end the following new
subparagraph:
``(P) Other forms of assistance that the Board
determines to be appropriate.
(4) Evaluation of technical assistance provided.--Section
233(a)(7) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(7)) is
amended--
(A) by inserting ``and other'' after ``technical'';
and
(B) by striking ``and (O)'' and inserting instead
``(O), and (P)''.
(5) Establishing alternative criteria in defining certain
distressed communities.--Section 233(b)(4)(C) of the Bank
Enterprise Act (12 U.S.C. 1834a(b)(4)(C)) is amended by
inserting ``or alternative'' before ``eligibility
requirements''.
SEC. 4. EXTENSION OF AUTHORIZATION.
Paragraph (1) of section 121(a) of the Community Development
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4718(a)) is
amended to read as follows:
``(1) In general.--To carry out this subtitle and subtitle
B of title II, there are authorized to be appropriated to the
Fund, to remain available until expended--
``(A) $95,000,000 for fiscal year 2000;
``(B) $100,000,000 for fiscal year 2001;
``(C) $105,000,000 for fiscal year 2002; and
``(D) $110,000,000 for fiscal year 2003.''.
SEC. 5. AMENDMENTS TO SMALL BUSINESS CAPITAL ENHANCEMENT PROGRAM.
(a) Definition of Financial Institution.--Section 252(5) of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4742(5)) is amended by inserting ``any community development
financial institution (as defined in section 103(5) of this Act) and,''
before ``any federally chartered''.
(b) Elimination of Threshold Appropriation.--Section 253 of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4743) is amended by striking subsection (d) and redesignating
subsection (e) as subsection (d).
(c) Conforming Amendment.--Section 254(a) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4744(a))
is amended by inserting ``(if any)'' after ``appropriate Federal
banking agency''.
(d) Amendments to Reimbursement Authority.--Section 257(a) of the
Riegle Community Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4747(a)) is amended to read as follows--
``(a) Reimbursements.--
``(1) In general.--The Fund shall reimburse participating
States according to criteria established by the Fund.
``(2) Examples of criteria.--Criteria established under
paragraph (1) may include whether a participating State is
creating a new program, is expanding in scope or scale an
existing State program, the need for Fund reimbursement, the
availability of Fund resources, and other criteria established
by the Fund.
``(3) Timing and amount of reimbursement.--Not later than
30 calendar days after receiving a report filed in compliance
with section 256, the Fund shall reimburse a participating
State meeting such criteria in an amount equal to up to 50
percent of the amount of contributions by the participating
State to the reserve funds that are subject to reimbursement by
the Fund pursuant to section 256 and this section, until such
sums made available by the Fund for this purpose are
expended.''.
(e) Conforming Amendment.--Section 260 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4750) is
hereby repealed.
SEC. 6. ADDITIONAL SAFEGUARDS.
(a) Neutral Review Requirements.--Section 107 of the Community
Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
4706) is amended by adding at the end the following new subsections:
``(c) Objective Scoring System.--
``(1) In general.--For purposes of making any evaluation
under subsection (a) of any application, the Fund shall develop
a scoring system which assigns a relative point value to each
factor required to be considered under paragraphs (1) through
(14) of subsection (a) in connection with the selection of
applicants.
``(2) Notice of scoring system.--A description of the
scoring system shall be included in any notice of funding
availability issued by the Fund.
``(d) Neutral Multiperson Review Panel.--
``(1) In general.--The Fund shall convene multiperson
review panels to--
``(A) review all applications for selection, under
subsection (a), on the basis of the factors required to
be considered under paragraphs (1) through (14) of
subsection (a) using the objective scoring system
developed pursuant to subsection (c) before any
selection is made by the Fund under subsection (a) with
respect to such applications; and
``(B) make recommendations with regard to such
selections to the Fund on the basis of such review.
``(2) Composition.--The multiperson review panels shall
each consist of such number of members as the Fund determines
to be appropriate, but not less than 3, who shall be appointed
from among individuals who, by virtue of their education,
training, or experience, are specially qualified to carry out
the responsibilities of the panel and at least 1/3 of the
members of each panel shall be appointed from among individuals
with diverse experiences who are not officers or employees of
any government.''.
(b) Additional Information To Be Included in Annual Reports.--
Section 117 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4716) is amended by adding at the
end the following new subsections:
``(g) Contract and Compliance Information.--The annual report
submitted to the Congress by the Fund pursuant to subsection (a) shall
contain the following information:
``(1) Services of contractors.--Information on the use of
contractors to carry out any function of the Fund under this
subtitle, including--
``(A) a description of the services provided by
contractors under this subtitle during the period
covered by the report;
``(B) a description of the procurement process
utilized to obtain such services;
``(C) the basis of the authority of the Fund to
contract for the services so obtained; and
``(D) the total amount obligated by the Fund for
such contracts.
``(2) Compliance with other requirements.--An evaluation of
the extent to which the Fund is maintaining compliance, in
connection with the activities of the Fund under this subtitle
and subtitle B of title II, with the requirements of, and
regulations prescribed pursuant to subsections (b) and (d) of
section 3512 of title 31, United States Code.
``(3) Plan for addressing weaknesses of internal
controls.--A plan for addressing any material weakness in
internal controls identified in the most recent external audit
pursuant to subsection (f).''.
(c) Report on Implementation of Scoring System.--The 1st annual
report submitted by the Fund to the Congress under section 117(a) of
the Community Development Banking and Financial Institutions Act of
1994 after the effective date of this Act shall include a complete
description of the implementation of the scoring system required under
subsection (c) of the amendment made by subsection (a) of this section,
including a description of the methodology of the system.
(d) GAO Report.--Before the end of the 18-month period beginning on
the date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the Congress evaluating the
structure, governance, and performance of the Community Development
Financial Institutions Fund.
(e) Prior Notice of Contracts.--For the purpose of ensuring that
the requirements of section 8(a) of the Small Business Act are being
met, and preventing evasions of such requirements, with regard to
contracts involving the Fund and contractors under such section, the
Fund shall submit a notice of any such contract to the Congress at
least 15 days before any performance is due under such contract.
(f) Technical and Conforming Amendment.--That portion of section
107(a) of the Community Development Banking and Financial Institutions
Act of 1994 (12 U.S.C. 4706(a)) which appears before paragraph (1) of
such section is amended to read as follows:
``(a) Selection Criteria.--Except as provided in section 113, the
Fund shall, after considering the results of the scoring system
developed under subsection (c) and the recommendations of the
multiperson review panels under subsection (d), select community
development financial institution applicants meeting the requirements
of section 105 for assistance based on--''.
|
Community Development Financial Institutions Fund Amendments Act of 1999 - Modifies the Community Development Banking and Financial Institutions Act of 1994 (the Act) to expand its purposes to include promotion of economic revitalization and community development through incentives to insured depository institutions that increase lending and other assistance and investment in both economically distressed communities and community development financial institutions.
(Sec. 2) Places the Community Development Financial Institutions Fund in the Department of the Treasury and all Fund functions under the supervision of the Secretary of the Treasury.
(Sec. 3) Authorizes the Fund to offer community development finance activity training programs through grants or cooperative agreements with other organizations (as well as directly or through contracts).
(Sec. 4) Authorizes appropriations for FY 2000 through 2003.
(Sec. 6) Requires the Fund to: (1) develop a scoring system which assigns a relative point value to each factor required in connection with applicant selection criteria; (2) convene multiperson review panels to review applications on the basis of such factors and the scoring system; and (3) include in its annual report specified contract and compliance information, as well as a complete description of the implementation of the scoring system and its methodology.
Directs the Comptroller General to report to the Congress on Fund structure, governance, and performance.
|
{"src": "billsum_train", "title": "Community Development Financial Institutions Fund Amendments Act of of 1999"}
| 3,795 | 277 | 0.58325 | 1.770622 | 0.775265 | 3.619048 | 12.992063 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Regulatory
Implementation Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $17,100,000,000 in 2000, double the amount spent in
1994.
(3) According to a recent report issued by the Food and
Drug Administration (``FDA'') the use of dietary supplements is
likely to grow due to factors such as the aging of the baby
boom generation, increased interest in self-sufficiency, and
advances in science that are uncovering new relationships
between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (``DSHEA'') was enacted. That
Act balanced continued consumer access to vitamins, minerals,
and other dietary supplements, increased scientific research on
the benefits and risks of dietary supplements, public education
on dietary supplements, and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA provides that dietary supplements are to be
regulated like foods and not drugs or food additives.
(8) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(9) DSHEA provides the FDA with a number of powers to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $9,700,000 in fiscal year 2003.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $30,000,000 for fiscal year 2006;
(2) $40,000,000 for fiscal year 2007;
(3) $50,000,000 for fiscal year 2008; and
(4) $65,000,000 for fiscal year 2009.
(b) Appropriation of Funds for Fiscal Year 2005.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2005.
(c) Office of Dietary Supplements.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for expanded research and development of
consumer information, including information on safety and
beneficial effects, of dietary supplements by the Office of
Dietary Supplements at the National Institutes of Health such
sums as may be necessary for each of the fiscal years 2006
through 2009.
(2) Appropriation of funds for fiscal year 2005.--There is
appropriated, out of any money in the Treasury not otherwise
appropriated, for expanded research and development of consumer
information, including information on safety and beneficial
effects, of dietary supplements by the Office of Dietary
Supplements at the National Institutes of Health $30,000,000
for fiscal year 2005.
(d) Use of Funds.--The Secretary of Health and Human Services shall
fully and appropriately use the funds appropriated in subsections (b)
and (c) and pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2006, and annually
thereafter, the Secretary shall submit a report to Congress on the
implementation and enforcement of the Dietary Supplement Health and
Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or unsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary.
SEC. 5. DIETARY SUPPLEMENTS CONTAINING EPHEDRINE ALKALOIDS.
(a) Findings.--The Congress finds that--
(1) dietary supplements containing ephedrine alkaloids may
present a significant or unreasonable risk of illness or
injury; and
(2) through section 402(f) of the Federal Food, Drug, and
Cosmetic Act (established by the Dietary Supplement Health and
Education Act of 1994), the Congress has granted the Secretary
the authority to remove from the market dietary supplements
that present such a risk.
(b) Sense of Congress Regarding Risk of Illness or Injury.--It is
the sense of the Congress that, in the event the Secretary determines
under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a
dietary supplement containing ephedrine alkaloids presents a
significant or unreasonable risk of illness or injury--
(1) all dietary supplements containing such alkaloids
should be declared to be adulterated in accordance with such
section; and
(2) the Secretary should take all necessary actions to
remove all such supplements from the market.
(c) Sense of Congress Regarding Botanical Sources.--It is the sense
of the Congress that the Secretary should take steps to assure the
continued availability of botanical sources of ephedrine alkaloids
that--
(1) are in forms that have not been manipulated or
chemically altered to increase their ephedrine alkaloid
concentration or content;
(2) are marketed at dosages that are substantiated to be at
levels used in traditional herbal formulas; and
(3) are labeled only for traditional uses and not for
weight loss or energy.
SEC. 6. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary shall carry out a program to
educate health professionals on the safety and health benefits
of dietary supplements, including the potential for dietary
supplement/drug interactions.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2005, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary shall carry out a program to
educate consumers of dietary supplements on the safety and
health benefits of the dietary supplements, including the
potential for dietary supplement/drug interactions through
public education forums, advertisements, and the Internet.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2005, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
SEC. 7. ADVERSE EVENT REPORTING SYSTEM.
The Secretary shall establish a system for the requirements for the
reporting of serious adverse experiences associated with the use of a
dietary supplement received by the manufacturer, packer, or distributor
whose name appears on the label of the product.
SEC. 8. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Health and Human Services, acting through the Commissioner
of Food and Drugs.
|
Dietary Supplement Regulatory Implementation Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2006 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health.
Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; (2) report annually on DSHEA implementation and enforcement; (3) carry out programs to educate health professionals and consumers on the safety and health benefits of the dietary supplements, including the potential for interactions of dietary supplements and drugs (using specified funds authorized by this Act); and (4) establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product.
Expresses the sense of the Congress regarding dietary supplements containing ephedrine alkaloids.
|
{"src": "billsum_train", "title": "To ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes."}
| 2,251 | 286 | 0.63921 | 1.997222 | 0.844496 | 5.709163 | 8.239044 | 0.968127 |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or
multiple trip fares, the services amount shall be equally
allocated among the final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination and origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``(j) Royalties for the License of Intangible Property.--The
destination of royalties for the license of intangible is where the
property is used.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following
information--
``(1) the property or services price exclusive of tax;
``(2) the amount of tax paid;
``(3) the property or service price inclusive of tax;
``(4) the tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3));
``(5) the date that the good or service was sold;
``(6) the name of the vendor; and
``(7) the vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.''
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
Appropriations for any expenses of the Internal Revenue Service
including processing income tax returns for years prior to the repeal
of the income tax, revenue accounting, management, transfer of payroll
tax data to the Social Security Administration and otherwise for years
after fiscal year 2000 are not authorized.
SEC. 6. EXCISE TAX ADMINISTRATION.
The Secretary shall establish an Excise Tax Bureau to collect
excise taxes formerly collected and administered by the Internal
Revenue Service that are not repealed by this Act.
SEC. 7. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) Commencing January 1, 1998, the Social Security Administration
shall collect and administer the taxes imposed pursuant to chapter 2 of
subtitle A (relating to self employment income taxes) and subtitle C
(relating to employment taxes) of the Internal Revenue Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 57.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
15.
For rules relating to trust fund
accounting and payroll tax revenues, see section 6(b) of this act.
SEC. 8. SELF-EMPLOYMENT TAX.
(a) Subsection 1402(a) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 1998 shall be the unrecovered
basis amount as of the end of December 31, 1997 divided by ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 1998, and
``(B) inventory held as of the end of 1997
(including any amounts capitalized in accordance with
prior law section 263A).''
(b) Conforming Amendments.--Subsection 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 9. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 10. SUPERMAJORITY REQUIRED TO RAISE RATE.
``(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate,
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn.
HR 3039 IH----2
HR 3039 IH----3
HR 3039 IH----4
|
National Retail Sales Tax Act of 1996 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.
(Sec. 4) Amends the Internal Revenue Code by imposing a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or out of the U.S. Prohibits imposing tax on any property or service: (1) purchased for resale; (2) purchased to produce property or services; or (3) exported from the U.S. for use, consumption or enjoyment outside of the U.S. Sets forth special rules relating to the obligation of governmental units and not-for-profit organizations to collect and remit tax. Sets forth provisions concerning credits and refunds.
Allows an eligible family unit to receive a sales tax rebate (family consumption refund). Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a U.S. resident. Conditions that no individual shall be considered part of more than one family unit.
Sets forth special rules. Impose
s a 15
percent tax on gaming services. Imposes an excise tax of 15 percent on the wages of Federal, State, and local government employees. Authorizes States to administer, collect, and remit tax.
Authorizes the Secretary to establish a system including the use of a toll-free telephone number for the purposes of bringing violations to the attention of the Secretary for investigation.
Authorizes the Secretary to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States.
(Sec. 5) Prohibits the authorization of appropriations for the Internal Revenue Service after FY 2000.
(Sec. 6) Authorizes the Secretary to establish an Excise Tax Bureau to collect excise taxes not repealed by this Act.
(Sec. 7) Authorizes the Social Security Administration to collect and administer self-employment income and employment payroll taxes beginning in 1998.
(Sec. 9) Increases the interest rate on the underpayment of tax by large corporations.
(Sec. 10) Requires a supermajority in the House of Representatives or the Senate to raise rates.
|
{"src": "billsum_train", "title": "National Retail Sales Tax Act of 1996"}
| 2,216 | 528 | 0.390968 | 1.355556 | 0.55273 | 2.067114 | 4.496644 | 0.787472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Election Reform Act''.
SEC. 2. ESTABLISHMENT OF ELECTION ADMINISTRATION COMMISSION.
There is established a commission to be known as the Election
Administration Commission (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
(a) In General.--The Commission shall--
(1) develop, update, and adopt, by vote of the Commission,
not less often than every 4 years, voluntary engineering and
procedural performance standards for voting systems used in
Federal, State, and local elections;
(2) advise States regarding compliance with the
requirements of the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.) and compliance with
other Federal laws regarding accessibility of registration
facilities and polling places, and develop, update, and adopt,
by vote of the Commission, not less often than every 4 years,
voluntary procedures for maintaining and enhancing the
accessibility of registration facilities, polling places, and
voting methods for voters, including disabled voters;
(3) have primary responsibility to carry out Federal
functions under title I of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff et seq.) as the
Presidential designee;
(4) develop, update, and adopt, by vote of the Commission,
not less often than every 4 years, recommendations for
voluntary procedures for maintaining and enhancing the
administration of Federal, State, and local elections;
(5) carry out the provisions of section 9 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) regarding
mail voter registration;
(6) make available information regarding the Federal
election system to the public and media;
(7) assemble and make available bipartisan panels of
election professionals to assist any State election official,
upon request, in review of election or vote counting procedures
in Federal, State, and local elections; and
(8) compile and make available to the public the official
certified results of Federal elections and statistics regarding
national voter registration and turnout.
(b) Study of Election Administration.--Beginning on the date that
is 1 day after the date on which all the members are initially
appointed to the Commission, the Commission shall make periodic
studies, which shall be made available to the public, of issues related
to the administration of elections, such as procedures which represent
the best practices in election administration, including--
(1) election technology and systems and ballot design;
(2) voter registration, and verification and maintenance of
voter rolls;
(3) access to polling places;
(4) alternative voting methods; and
(5) the accuracy and security of election procedures and
vote counts.
(c) Grant Program.--
(1) Grant authority.--
(A) In general.--Not less often than once each
calendar year, the Commission shall solicit and review
applications from State and local governments for
grants to improve and modernize the administration of
elections using procedures consistent with voluntary
recommendations adopted by the Commission.
(B) Award.--The Commission shall, by vote, award
grants to State and local governments that submit
applications.
(2) State and local applications.--State and local
governments shall submit applications to the Commission for
grants under paragraph (1) in such time and such manner and
containing such information as the Commission shall by
regulation require.
(3) Use of funds.--
(A) Matching funds.--The Commission shall ensure
that any State or local government receiving a grant
under this subsection shall expend State or local funds
in an amount equal to not less than 25 percent of the
amount of the grant awarded.
(B) Audit.--A State or local government receiving a
grant under this subsection shall agree that any funds
under the grant are subject to audit whenever the
Commission, by vote, requests an audit.
(4) Amount of grant; time.--
(A) Amount of grant.--The Commission shall award
grants under this subsection for each fiscal year in an
aggregate amount not to exceed $100,000,000 or such
greater amount as may be appropriated for such fiscal
year.
(B) Time to allocate.--The Commission shall begin
review of applications for grants under this subsection
on the date which is 1 year after all members of the
Commission are initially appointed.
(5) Appropriations.--Funds appropriated for a fiscal year
to the Commission to award grants under this subsection that
are not used for such purpose shall be returned to the Treasury
by the end of such year.
(d) Report.--The Commission shall annually submit a report
regarding the activities of the Commission to the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate.
SEC. 4. MEMBERSHIP.
(a) Membership.--
(1) Composition.--The Commission shall be composed of 4
members appointed by the President, by and with the advice and
consent of the Senate.
(2) Party affiliation.--Not more than 2 of the 4 members
appointed under paragraph (1) may be members of the same party.
(3) Qualifications.--Members appointed under paragraph (1)
shall be chosen on the basis of experience with and knowledge
of State and local election administration, integrity,
impartiality, and good judgment, and members shall be
individuals who, at the time appointed to the Commission, are
not elected or appointed officers or employees in the executive
or legislative branch of the Federal Government. Such
individuals shall not engage in any other business, vocation,
or employment.
(4) Period of appointment; vacancies.--
(A) Period of appointment.--Members shall be
appointed for a term of 4 years, except that of the
members first appointed--
(i) 2 of the members, not affiliated with
the same party, shall be appointed for 5 years;
and
(ii) 2 of the members, not affiliated with
the same party, shall be appointed for 4 years.
(B) Vacancies.--
(i) In general.--A vacancy on the
Commission shall be filled in the manner in
which the original appointment was made and
shall be subject to any conditions which
applied with respect to the original
appointment.
(ii) Expired terms.--A member of the
Commission may serve on the Commission after
the expiration of the member's term until the
successor of such member has taken office as a
member of the Commission.
(iii) Unexpired terms.--An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(5) Compensation of members.--Each member of the Commission
shall receive compensation equivalent to the annual rate of
basic pay prescribed for level IV of the Executive Schedule,
under section 5315 of title 5, United States Code.
(6) Chairperson; vice chairperson.--
(A) In general.--The Commission shall elect a
chairperson and vice chairperson from among its members
for a term of 1 year.
(B) Number of terms.--A member may serve as a
chairperson only once during any term of office to
which such member is appointed.
(C) Political affiliation.--The chairperson and
vice chairperson shall not be affiliated with the same
political party.
(b) Date of Appointment.--The appointments of the members of the
Commission shall be made not later than 45 days after the date of
enactment of this Act.
(c) Majority Vote.--All decision of the Commission with respect to
the exercise of its duties and powers under the provisions of this Act
shall be made by a majority vote of the members of the Commission.
(d) Meetings.--The Commission shall meet at least once each month
and at the call of any member of the Commission.
(e) Jurisdiction of Commission.--The Commission shall formulate and
administer policy with respect to the matters and duties in the
jurisdiction of the Commission under this Act.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may hold such hearings
for the purpose of carrying out this Act, sit and act at such times and
places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this Act. The Commission
may administer oaths and 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 this Act. Upon request of
the chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Administrative Support Services.--Upon the request of the
chairperson of the Commission, the Administrator of the General
Services Administration shall provide to the Commission, on a
reimbursable basis, the administrative support services that are
necessary to enable the Commission to carry out its duties under this
Act.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Staff.--
(1) In general.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(b) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(c) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as may be necessary to carry out this Act.
SEC. 8. OFFICE OF ELECTION ADMINISTRATION OF THE FEDERAL ELECTION
COMMISSION.
There are transferred to the Commission established under section 2
all functions which the Office of Election Administration, established
within the Federal Election Commission, exercised before the date of
enactment of this Act.
SEC. 9. UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING ACT.
(a) Transfer of Functions.--There are transferred to the Commission
established under section 2 all functions which the Presidential
designee under title 1 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) exercised before the date of
enactment of this Act.
(b) Transition.--With the consent of the appropriate department or
agency concerned, the Commission is authorized to utilize the services
of such officers, employees, and other personnel of the departments and
agencies from which functions have been transferred to the Commission
for such period of time as may reasonably be needed to facilitate the
orderly transfer of functions under this section.
(c) Technical Amendment.--Section 101 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended by striking
subsection (a) and inserting the following:
``(a) Presidential Designee.--The Election Administration
Commission shall have primary responsibility for Federal functions
under this title as the Presidential designee.''.
SEC. 10. TECHNICAL AMENDMENTS.
(a) Federal Election Campaign Act.--Section 311(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--
(1) in paragraph (8), by inserting ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' and inserting a
period; and
(3) by striking paragraph (10) and the second and third
sentences.
(b) National Voter Registration Act of 1993.--Section 9(a) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7) is amended
by striking ``Federal Election Commission'' and inserting ``Election
Administration Commission''.
|
Transfers to the Commission: (1) all functions which the Office of Election Administration, established within the Federal Election Commission, exercised before enactment of this Act; and (2) all functions which the Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act exercised before enactment of this Act.
|
{"src": "billsum_train", "title": "Election Reform Act"}
| 2,815 | 73 | 0.550105 | 1.354126 | 0.666427 | 5.438596 | 44.807018 | 0.982456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Naval Station
Guantanamo Bay Preservation Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United States Naval Station, Guantanamo Bay, Cuba, has
been a strategic military asset critical to the defense of the
United States and the maintenance of regional security for more
than a century.
(2) The United States continues to exercise control over
the area of United States Naval Station, Guantanamo Bay, Cuba,
pursuant to the Guantanamo Lease Agreements, which were
initiated and concluded pursuant to an Act of Congress.
(3) Senior United States military leaders have consistently
voiced strong support for maintaining United States Naval
Station, Guantanamo Bay, Cuba, noting its strategic value for
military basing and logistics, disaster relief, humanitarian
work, terrorist detention, and counter-narcotics purposes.
(4) On February 29, 2016, Secretary of Defense Ashton B.
Carter, discussing United States Naval Station, Guantanamo Bay,
Cuba, stated that ``it's a strategic location, we've had it for
a long time, it's important to us and we intend to hold onto
it''.
(5) On March 12, 2015, Commander of United States Southern
Command, General John Kelly, testified that the United States
facilities at Naval Station Guantanamo Bay ``are indispensable
to the Departments of Defense, Homeland Security, and State's
operational and contingency plans. . . . As the only permanent
U.S. military base in Latin America and the Caribbean, its
location provides persistent U.S. presence and immediate access
to the region, as well as supporting a layered defense to
secure the air and maritime approaches to the United States''.
(6) In testimony before Congress in 2012, then-Commander of
United States Southern Command, General Douglas Fraser, stated
that ``the strategic capability provided by U.S. Naval Station
Guantanamo Bay remains essential for executing national
priorities throughout the Caribbean, Latin America, and South
America''.
(7) Following a 1991 coup in Haiti that prompted a mass
exodus of people by boat, United States Naval Station,
Guantanamo Bay, Cuba, provided a location for temporary housing
and the orderly adjudication of asylum claims outside of the
continental United States.
(8) In 2010, United States Naval Station, Guantanamo Bay,
Cuba, was a critical hub for the provision of humanitarian
disaster relief following the devastating earthquakes in Haiti.
(9) The United States presence at United States Naval
Station, Guantanamo Bay, Cuba, has its origins in Acts of
Congress undertaken pursuant to the powers of Congress
expressly enumerated in the Constitution of the United States.
(10) By joint resolution approved on April 20, 1898,
Congress ``directed and empowered'' the President ``to use the
entire land and naval forces of the United States'' as
necessary to ensure that the Government of Spain ``relinquish
its authority and government in the island of Cuba, and
withdraw its land and naval forces from Cuba and Cuban
waters''.
(11) Congress declared war against Spain on April 25, 1898,
which lasted until December 10, 1898, when the United States
and Spain signed the Treaty of Paris, in which Spain
relinquished all claims of sovereignty over Cuba, and United
States governance of Cuba was established.
(12) Nearly three years later, in the Act of March 2, 1901
(Chapter 803; 31 Stat. 898), Congress granted the President the
authority to return ``the government and control of the island
of Cuba to its people'' subject to several express conditions
including, in article VII of the Act of March 2, 1901, the sale
or lease by Cuba to the United States of lands necessary for
naval stations.
(13) Pursuant to the authority granted by article VII of
the Act of March 2, 1901, the United States negotiated the
Guantanamo Lease Agreements, which specified the area of, and
United States jurisdiction and control over, what became United
States Naval Station, Guantanamo Bay, Cuba.
(14) On October 2, 1903, when approving the Lease to the
United States by the Government of Cuba of Certain Areas of
Land and Water for Naval or Coaling Stations, signed in Havana
on July 2, 1903, President Theodore Roosevelt cited the Act of
March 2, 1901, as providing his authority to do so: ``I,
Theodore Roosevelt, President of the United States of America,
having seen and considered the foregoing lease, do hereby
approve the same, by virtue of the authority conferred by the
seventh of the provisions defining the relations which are to
exist between the United States and Cuba, contained in the Act
of Congress approved March 2, 1901, entitled `An Act making
appropriation for the support of the Army for the fiscal year
ending June 30, 1902.'''.
(15) Obtaining United States naval station rights in Cuba
was an express condition of the authority that Congress gave
the President to return control and governance of Cuba to the
people of Cuba. In exercising that authority and concluding the
Guantanamo Lease Agreements, President Theodore Roosevelt
recognized the source of that authority as the Act of March 2,
1901.
(16) The Treaty of Relations between the United States of
America and the Republic of Cuba, signed at Washington, May 29,
1934, did not supersede, abrogate, or modify the Guantanamo
Lease Agreements, but noted that the stipulations of those
agreements ``shall continue in effect'' until the United States
and Cuba agree to modify them.
(17) The Constitution of the United States expressly grants
to Congress the power to provide for the common defense of the
United States, the power to provide and maintain a Navy, and
the power ``to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property
belonging to the United States''.
SEC. 3. PROHIBITION ON MODIFICATION, ABROGATION, OR OTHER RELATED
ACTIONS WITH RESPECT TO UNITED STATES JURISDICTION AND
CONTROL OVER UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, WITHOUT CONGRESSIONAL ACTION.
No action may be taken to modify, abrogate, or replace the
stipulations, agreements, and commitments contained in the Guantanamo
Lease Agreements, or to impair or abandon the jurisdiction and control
of the United States over United States Naval Station, Guantanamo Bay,
Cuba, unless specifically authorized or otherwise provided by--
(1) a statute that is enacted on or after the date of the
enactment of this Act;
(2) a treaty that is ratified with the advice and consent
of the Senate on or after the date of the enactment of this
Act; or
(3) a modification of the Treaty Between the United States
of America and Cuba signed at Washington, DC, on May 29, 1934,
that is ratified with the advice and consent of the Senate on
or after the date of the enactment of this Act.
SEC. 4. GUANTANAMO LEASE AGREEMENTS DEFINED.
In this Act, the term ``Guantanamo Lease Agreements'' means--
(1) the Agreement Between the United States of America and
the Republic of Cuba for the Lease to the United States of
Lands in Cuba for coaling and naval stations, signed by the
President of the United States on February 23, 1903; and
(2) the Lease to the United States by the Government of
Cuba of Certain Areas of Land and Water for Naval or Coaling
Stations, signed by the President of the United States on
October 2, 1903.
|
. United States Naval Station Guantanamo Bay Preservation Act (Sec. 3) This bill prohibits any action to modify, abrogate, or replace the stipulations, agreements, and commitments contained in the Guantanamo Lease Agreements, or to impair or abandon the jurisdiction and control of the United States over United States Naval Station, Guantanamo Bay, Cuba, unless specifically authorized or otherwise provided by: a statute enacted on or after the enactment of this Act; a treaty ratified with the advice and consent of the Senate on or after enactment of this Act; or a modification of the Treaty Between the United States of America and Cuba signed at Washington, DC, on May 29, 1934, that is ratified with the advice and consent of the Senate on or after enactment of this Act. (Sec. 4) "Guantanamo Lease Agreements" means: the Agreement Between the United States of America and the Republic of Cuba for the Lease to the United States of Lands in Cuba for coaling and naval stations, signed by the President of the United States on February 23, 1903; and the Lease to the United States by the Government of Cuba of Certain Areas of Land and Water for Naval or Coaling Stations, signed by the President of the United States on October 2, 1903.
|
{"src": "billsum_train", "title": "United States Naval Station Guantanamo Bay Preservation Act"}
| 1,706 | 306 | 0.486134 | 1.480817 | 0.454121 | 8.816 | 6.264 | 0.944 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unemployment
Compensation Extension Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. References.
Sec. 102. Extension of the Temporary Extended Unemployment Compensation
Act of 2002.
Sec. 103. Entitlement to additional weeks of temporary extended
unemployment compensation.
Sec. 104. TEUC-X trigger.
TITLE II--EXTENDED BENEFITS UNDER THE FEDERAL-STATE EXTENDED
UNEMPLOYMENT COMPENSATION ACT OF 1970
Sec. 201. Temporary State authority to waive application of lookbacks
under the Federal-State Extended
Unemployment Compensation Act of 1970.
TITLE III--RAILROAD UNEMPLOYMENT INSURANCE
Sec. 301. Temporary increase in extended unemployment benefits under
the Railroad Unemployment Insurance Act.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. REFERENCES.
Except as otherwise expressly provided, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Temporary Extended Unemployment Compensation Act
of 2002 (Public Law 107-147; 26 U.S.C. 3304 note).
SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
ACT OF 2002.
(a) Six-Month Extension of Program.--Section 208 is amended to read
as follows:
``SEC. 208. APPLICABILITY.
``(a) In General.--Subject to subsection (b), an agreement entered
into under this title shall apply to weeks of unemployment--
``(1) beginning after the date on which such agreement is
entered into; and
``(2) ending before July 1, 2004.
``(b) Transition.--In the case of an individual who is receiving
temporary extended unemployment compensation for the week which
immediately precedes the first day of the week that includes July 1,
2004, temporary extended unemployment compensation shall continue to be
payable to such individual for any week thereafter from the account
from which such individual received compensation for the week
immediately preceding that termination date. No compensation shall be
payable by reason of the preceding sentence for any week beginning
after December 31, 2004.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Temporary Extended
Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note).
SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED
UNEMPLOYMENT COMPENSATION.
(a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is
amended to read as follows:
``(1) In general.--The amount established in an account
under subsection (a) shall be equal to 26 times the
individual's weekly benefit amount for the benefit year.''.
(b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by
striking ``an amount equal to the amount originally established in such
account (as determined under subsection (b)(1))'' and inserting ``7
times the individual's weekly benefit amount for the benefit year''.
(c) Effective Date.--
(1) In general.--The amendments made by this section--
(A) shall take effect as if included in the
enactment of the Temporary Extended Unemployment
Compensation Act of 2002 (Public Law 107-147; 26 U.S.C.
3304 note); but
(B) shall apply only with respect to weeks of
unemployment beginning on or after the date of
enactment of this Act, subject to paragraph (2).
(2) Special rules.--In the case of an individual for whom a
temporary extended unemployment compensation account was
established before the date of enactment of this Act, the
Temporary Extended Unemployment Compensation Act of 2002 (as
amended by this title) shall be applied subject to the
following:
(A) Any amounts deposited in the individual's
temporary extended unemployment compensation account by
reason of section 203(c) of such Act (commonly known as
``TEUC-X amounts'') before the date of enactment of
this Act shall be treated as amounts deposited by
reason of section 203(b) of such Act (commonly known as
``TEUC amounts''), as amended by subsection (a).
(B) For purposes of determining whether the
individual is eligible for any TEUC-X amounts under
such Act, as amended by this title--
(i) any determination made under section
203(c) of such Act before the application of
the amendments made by this title shall be
disregarded; and
(ii) any such determination shall instead
be made by applying section 203(c) of such Act,
as amended by this title--
(I) as of the time that all amounts
established in such account in
accordance with section 203(b) of such Act (as amended by this title,
and including any amounts described in subparagraph (A)) are in fact
exhausted, except that
(II) if such individual's account
was both augmented by and exhausted of
all TEUC-X amounts before the date of
enactment of this Act, such
determination shall be made as if
exhaustion (as described in section
203(c)(1) of such Act) had not occurred
until such date of enactment.
SEC. 104. TEUC-X TRIGGER.
Section 203(c)(2)(B) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) by striking subparagraph (B) and inserting the
following:
``(B) such a period would then be in effect for
such State under such Act if--
``(i) section 203(d) of such Act were
applied as if it had been amended by striking
`5' each place it appears and inserting `4';
and
``(ii) with respect to weeks of
unemployment beginning on or after the date of
enactment of this clause, paragraph (1)(A) of
such section 203(d) did not apply; or
``(C) with respect to weeks of unemployment
beginning on or after the date of enactment of this
clause, the average rate of total unemployment in such
State (seasonally adjusted) for the period consisting
of the most recent 3 months for which data for all
States are published before the time of exhaustion
equals or exceeds 6.5 percent.
For purposes of this subparagraph (C), determinations of the
rate of total unemployment in any State for any period (and of
any seasonal adjustment) shall be made by the Secretary.''.
TITLE II--EXTENDED BENEFITS UNDER THE FEDERAL-STATE EXTENDED
UNEMPLOYMENT COMPENSATION ACT OF 1970.
SEC. 201. TEMPORARY STATE AUTHORITY TO WAIVE APPLICATION OF LOOKBACKS
UNDER THE FEDERAL-STATE EXTENDED UNEMPLOYMENT
COMPENSATION ACT OF 1970.
For purposes of conforming with the provisions of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), a
State may, for weeks of unemployment beginning on or after the date of
enactment of this Act and ending before December 31, 2004, waive the
application of either subsection (d)(1)(A) of section 203 of such Act
or subsection (f)(1)(A)(ii) of such section, or both.
TITLE III--RAILROAD UNEMPLOYMENT INSURANCE
SEC. 301. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Section 2(c)(2) of the Railroad Unemployment Insurance Act (45
U.S.C. 352(c)(2)) is amended by adding at the end the following:
``(D) Temporary increase in extended unemployment
benefits.--
``(i) Employees with 10 or more years of
service.--Subject to clause (iii), in the case
of an employee who has 10 or more years of
service (as so defined), with respect to
extended unemployment benefits--
``(I) subparagraph (A) shall be
applied by substituting ``130 days of
unemployment'' for ``65 days of
unemployment''; and
``(II) subparagraph (B) shall be
applied by inserting ``(or, in the case
of unemployment benefits, 13
consecutive 14-day periods'' after ``7
consecutive 14-day periods''.
``(ii) Employees with less than 10 years of
service.--Subject to clause (iii), in the case
of an employee who has less than 10 years of
service (as so defined), with respect to
extended unemployment benefits, this paragraph
shall apply to such an employee in the same
manner as this paragraph would apply to an
employee described in clause (i) if such clause
had not been enacted.
``(iii) Application.--The provisions of
clauses (i) and (ii) shall apply to an employee
who received normal benefits for days of
unemployment under this Act during the period
beginning on July 1, 2002, and ending before
July 1, 2004.''.
|
Unemployment Compensation Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to extend the TEUC program through weeks of unemployment ending before July 1, 2004. Terminates individual payments for weeks beginning after December 31, 2004.
Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.)
Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates.
Provides for temporary State authority to waive application of certain look-back provisions under the Federal-State Extended Unemployment Compensation Act of 1970.
Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits.
|
{"src": "billsum_train", "title": "A bill to provide extended unemployment benefits to displaced workers."}
| 2,256 | 213 | 0.615045 | 1.63729 | 0.715111 | 2.564246 | 10.329609 | 0.810056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurse Retention and Quality of Care
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The current nurse workforce is aging, and the average
age of practicing registered nurses is 43.3 years, representing
an increase of 5.9 years since 1983. This means that the
nursing workforce is aging at twice the rate of other
occupations in the United States, and the enrollment in nursing
programs has decreased in the past 5 years. Many hospitals
around the country are reporting vacancy rates for nursing
positions.
(2) Studies have shown a correlation between higher nurse
staffing levels and reduction in adverse patient outcomes,
including risk of infection, shock, upper gastrointestinal
bleeding, and increased length of stay.
(3) Retention problems are contributing to the nursing
shortage problem. According to a 2001 survey, 50 percent of
nurses say they have recently considered leaving the nursing
profession for reasons other than retirement.
(4) A majority of those individuals who are considering
leaving nursing express a low level of overall job
satisfaction, and their lack of participation in decisionmaking
is a major factor contributing to dissatisfaction.
(5) Magnet hospitals are hospitals that have reorganized
care to be more participatory, collaborative, and patient-
centered and as a result are able to attract more nurses.
(6) Even in times of nursing shortages, magnet hospitals
enjoy low turnover. The average length of employment for
registered nurses in magnet hospitals is 8.35 years, which is
twice the length of employment in hospitals generally, and
magnet hospital nurses consistently report greater job
satisfaction than other nurses.
(7) Magnet hospitals report lower mortality rates, higher
patient satisfaction, and greater cost-efficiency, with
patients experiencing shorter stays in hospitals and intensive
care units.
SEC. 3. AMENDMENT.
Title VIII of the Public Health Service Act (42 U.S.C. 296 et seq.)
is amended by adding at the end the following:
``PART H--INITIATIVES TO IMPROVE NURSE RETENTION, THE NURSING
WORKPLACE, AND THE QUALITY OF CARE
``SEC. 851. DEVELOPING MODELS AND BEST PRACTICES IN NURSING CARE.
``(a) Program Authorized.--From amounts appropriated under section
853, the Secretary shall award grants to eligible entities to enable
the eligible entities to carry out demonstrations of models and best
practices in nursing care for the purpose of developing innovative
strategies or approaches for retention of professional nurses.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
health care facility, or any partnership or coalition
containing a health care facility and a collegiate, associate
degree, or diploma school of nursing.
``(2) Health care facility.--The term `health care
facility' means a hospital, clinic, skilled nursing facility,
long-term care facility, home health care agency, federally
qualified health center, rural health clinic, public health
clinic, or any other entity as designated by the Secretary.
``(c) Distribution of Grants.--Grants awarded under this section
shall be distributed among a variety of geographic regions, and among a
range of different types and sizes of facilities.
``(d) Duration of Grants.--
``(1) Three-year grants.--Grants awarded under this section
shall be awarded for a period of not greater than 3 years.
``(2) Grant extensions.--Such grants may be extended if the
grantee demonstrates that it--
``(A) as determined by the Secretary based on the
factors in paragraph (3), has significantly improved
the quality of its workplace for nurses and has
enhanced patient care; or
``(B) has been designated as a magnet hospital by
the American Nurses Credentialing Center.
``(3) Preference.--In awarding grant extensions under this
subsection, the Secretary shall give preference to entities
that have--
``(A) significantly increased retention rates for
professional nurses;
``(B) significantly reduced rates of workplace
injuries for professional nurses; and
``(C) significantly reduced rates of nursing-
sensitive adverse patient outcomes.
``(4) Maximum duration of grants.--The total maximum
duration of grants under this section shall not be greater than
6 years.
``(e) Use of Funds.--An eligible entity that receives a grant under
subsection (a) shall use such grant funds to carry out demonstrations
of models and best practices in nursing care for the purpose of--
``(1) promoting retention and satisfaction of professional
nurses;
``(2) promoting collaboration and communication among
health care professionals;
``(3) promoting nurse involvement in organizational and
clinical decisionmaking processes;
``(4) organizing care to enhance the satisfaction of
professional nurses, improve the nursing workplace environment,
and promote the quality of nursing care;
``(5) promoting opportunities for professional nurses to
pursue education, career advancement, and organizational
recognition;
``(6) promoting high quality of patient care--
``(A) by enhancing institutional measurement of
quality outcomes, including identification and
measurement of nursing sensitive patient outcomes;
``(B) by basing the development of policies,
procedures, guidelines, and organizational systems on
research findings and patient outcomes measurement,
including nursing-sensitive patient outcomes
measurement; and
``(C) by involving professional nurses in
developing and implementing ways to measure and improve
the quality of care;
``(7) promoting a balanced work-life environment; and
``(8) offering such other activities as may be determined
by the Secretary to enhance the workplace environment for
professional nurses.
``(f) Application.--
``(1) In general.--An eligible entity desiring a grant
under subsection (a) shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application submitted under paragraph
(1) shall--
``(A) include a description of the project proposed
to be carried out with grant funds;
``(B) demonstrate the eligible entity's commitment
to the project through a statement describing--
``(i) the involvement of high level
executive management, trustees, nurse
leadership, and medical staff in designing,
implementing, and overseeing the project;
``(ii) the designation of key personnel and
management structures to design, implement, and
oversee the project;
``(iii) any actions that the eligible
entity has already taken that contribute to
developing innovative models and approaches for
retention of professional nurses; and
``(iv) the eligible entity's funding or any
evidence of other contributions and commitment
for the project, along with information on
overall project budget and funding resources;
and
``(C) include information regarding the retention
rate and occurrence of workplace injuries to nurses at
the entity applying for such grant and any other
information as the Secretary may reasonably require.
``SEC. 852. SURVEY AND EVALUATION.
``The Secretary, in consultation with the Agency for Healthcare
Research and Quality and the Health Resources and Services
Administration shall--
``(1) conduct an annual survey of the projects carried out
under section 851 and provide to Congress the results of such
survey beginning not later than 2 years after the date of
enactment of the Nurse Retention and Quality of Care Act of
2001; and
``(2) develop and provide to Congress, not later than
December 30, 2007, a final report that--
``(A) evaluates the projects funded by grants under
section 851; and
``(B) includes findings about best practices and
the impact on patients and staff of employing
participatory, collaborative, and patient-centered
models of nursing care.
``SEC. 853. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--There is authorized to be appropriated to carry out
section 851, $40,000,000 for fiscal years 2002 through 2007.
``(b) Survey and Evaluation.--There is authorized to be
appropriated to carry out section 852, $5,000,000 for fiscal years 2002
through 2007.''.
|
Nurse Retention and Quality of Care Act of 2001 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants to eligible health care facilities to carry out demonstrations of models and best practices in nursing care in order to develop strategies for nurse retention. Requires such demonstrations to promote nurse satisfaction, communication, collaboration in decision-making, professional advancement, and high quality care.
|
{"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide programs to improve nurse retention, the nursing workplace, and the quality of care."}
| 1,760 | 88 | 0.486588 | 1.258677 | 0.904839 | 3.141026 | 21.948718 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Fairness Act of 2005''.
SEC. 2. ADJUSTMENT OF STATUS.
(a) Adjustment of Status.--
(1) In general.--
(A) Eligibility.--The Secretary of Homeland
Security 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,
2007; and
(ii) is otherwise eligible to receive an
immigrant visa and 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 (8 U.S.C.
1182(a)) shall not apply.
(B) Ineligible aliens.--An alien shall not be
eligible for adjustment of status under this section if
the Secretary of Homeland Security 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) 2 or more crimes involving moral
turpitude.
(2) Relationship of application to certain orders.--
(A) In general.--An alien present in the United
States who has been ordered excluded, deported,
removed, or 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.
(B) Separate motion not required.--An alien
described in subparagraph (A) may not be required, as a
condition of submitting or granting such application,
to file a separate motion to reopen, reconsider, or
vacate the order described in subparagraph (A).
(C) Effect of decision by Secretary.--If the
Secretary of Homeland Security grants the application,
the Secretary shall cancel the order. If the Secretary
of Homeland Security 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 under 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, 2005, 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 Secretary of Homeland Security 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 in the Immigration and Nationality Act, the Secretary
of Homeland Security 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 Secretary of Homeland Security has made a
final determination to deny the application.
(3) Work authorization.--
(A) In general.--The Secretary of Homeland Security
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.
(B) Pending applications.--If an application under
subsection (a) is pending for a period exceeding 180
days and has not been denied, the Secretary of Homeland
Security shall authorize such employment.
(d) Record of Permanent Residence.--Upon approval of an alien's
application for adjustment of status under subsection (a), the
Secretary of Homeland Security 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 Secretary of
Homeland Security 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 (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security 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.--If 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.--
(1) Definitions.--Except as otherwise specifically provided
in this Act, the definitions contained in the Immigration and
Nationality Act shall apply in this section.
(2) Savings provision.--Nothing in this Act shall be
construed to repeal, amend, alter, modify, effect, or restrict
the powers, duties, function, or authority of the Secretary of
Homeland Security in the administration and enforcement of the
Immigration and Nationality Act or any other law relating to
immigration, nationality, or naturalization.
(3) Effect of eligibility for adjustment of status.--
Eligibility to be granted the status of having been lawfully
admitted for permanent residence under this section shall not
preclude an alien from seeking any status under any other
provision of law for which the alien may otherwise be eligible.
|
Liberian Refugee Immigration Fairness Act of 2005 - Requires the Secretary of Homeland Security to adjust the status of Liberian nationals who have been continuously present in the United States from January 1, 2005, through the date of application for adjustment (or the spouse, child, or unmarried son or daughter of such aliens) if: (1) application is made before April 1, 2007; and (2) the alien is otherwise eligible for an immigrant visa and admissible as a permanent resident, except that certain specified grounds of inadmissibility do not apply.
Authorizes otherwise qualified aliens who have been ordered excluded, deported, removed, or to depart voluntarily to apply for adjustment under this Act without filing a separate motion to reopen, reconsider, or vacate such order. Prohibits the removal of such aliens pending a final determination on the application for adjustment.
Authorizes the Secretary to grant work authorization to aliens who have applied for adjustment of status under this Act.
Provides for administrative review of such adjustment decisions but precludes judicial review.
States that the Secretary of State shall not be required to offset immigrant visa numbers as the result of adjustments of status made pursuant to this Act.
|
{"src": "billsum_train", "title": "A bill to provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residence."}
| 1,444 | 265 | 0.673826 | 1.993974 | 0.792228 | 3.426667 | 5.871111 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FEHBP-Medical Savings Account
Promotion Act of 1995''.
SEC. 2. PERMITTING CONTRIBUTION TOWARDS MEDICAL SAVINGS ACCOUNT THROUGH
FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP).
(a) Government Contribution to Medical Savings Account.--
(1) In general.--Section 8906 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(j)(1) In the case of an employee or annuitant who is enrolled in
a catastrophic plan described by section 8903(5), there shall be a
Government contribution under this subsection to a medical savings
account established or maintained for the benefit of the individual.
The contribution under this subsection shall be in addition to the
Government contribution under subsection (b).
``(2) The amount of the Government contribution under this
subsection with respect to an individual is equal to the amount by
which--
``(A) the maximum contribution allowed under subsection
(b)(1) with respect to any employee or annuitant, exceeds
``(B) the amount of the Government contribution actually
made with respect to the individual under subsection (b) for
coverage under the catastrophic plan.
``(3) The Government contributions under this subsection shall be
paid into a medical savings account (designated by the individual
involved) in a manner that is specified by the Office and consistent
with the timing of contributions under subsection (b).
``(4) Subsections (f) and (g) shall apply to contributions under
this section in the same manner as they apply to contributions under
subsection (b).
``(5) For the purpose of this subsection, the term `medical savings
account' has the meaning given such term by section 220(d) of the
Internal Revenue Code of 1986 (as inserted by section 2(a) of the
Family Medical Savings and Investment Act of 1995 (H.R. 1818)).''.
(2) Allowing payment of full amount of charge for
catastrophic plan.--Section 8906(b)(2) of such title is amended
by inserting ``(or 100 percent of the subscription charge in
the case of a catastrophic plan)'' after ``75 percent of the
subscription charge''.
(b) Offering of Catastrophic Plans.--
(1) In general.--Section 8903 of such title is amended by
adding at the end the following new paragraph:
``(5) Catastrophic plans.--One or more plans described in
paragraph (1), (2), or (3), but
which provide benefits of the types referred to by paragraph
(5) of section 8904(a), instead of the types referred to in paragraphs
(1), (2), and (3) of such section.''.
(2) Types of benefits.--Section 8904(a) of such title is
amended by inserting after paragraph (4) the following new
paragraph:
``(5) Catastrophic plans.--Benefits of the types named
under paragraph (1) or (2) of this subsection or both, to the
extent expenses covered by the plan exceed $3,000.''.
(3) Disregarding catastrophic plans in determining level of
government contributions.--Section 8906(a)(3) of such title is
amended by inserting ``described by section 8903(3)'' after
``plans''.
(c) Effective Date.--The amendments made by this section shall
apply to contract terms beginning on or after January 1, 1997.
(d) Medical Savings Account.--For purposes of this section:
(1) Medical savings account.--The term ``medical savings
account'' means a trust created or organized in the United
States exclusively for the purpose of paying the qualified
medical expenses of the account holder, but only if the written
governing instrument creating the trust meets the following
requirements:
(A) Except in the case of a rollover contribution
described in subsection (f)(3), no contribution will be
accepted unless it is in cash.
(B) The trustee is a bank (as defined in section
408(n)), an insurance (as defined in section 816), or
another person who demonstrates to the satisfaction of
the Secretary that the manner in which such person will
administer the trust will be consistent with the
requirements of this section.
(C) No part of the trust assets will be invested in
life insurance contracts.
(D) The assets of the trust will not be commingled
with other property except in a common trust fund or
common investment fund.
(E) The interest of an individual in the balance in
his account is nonforfeitable.
(2) Qualified medical expenses.--
(A) In general.--The term ``qualified medical
expenses'' means, with respect to an account holder,
amounts paid by such holder--
(i) for medical care (as defined in section
213(d)) for such individual, the spouse of such
individual, and any dependent (as defined in
section 152) of such individual, but only to
the extent such amounts are not compensated for
by insurance or otherwise, or
(ii) for long-term care insurance for such
individual, spouse, or dependent.
(B) Health plan coverage may not be purchased from
account.--
(i) In general.--Such term shall not
include any amount paid for coverage under a
health plan unless such plan is a catastrophic
health plan.
(ii) Exception.--Clause (i) shall not apply
to any amount paid for long-term care
insurance.
(3) Account holder.--The term ``account holder'' means the
individual on whose behalf the medical savings account was
established.
(4) Certain rules to apply.--Rules similar to the following
rules shall apply for purposes of this section:
(A) Section 219(d)(2) (relating to no deduction for
rollovers).
(B) Section 219(f)(3) (relating to time when
contributions deemed made).
(C) Except as provided in section 106(b), section
219(f)(5) (relating to employer payments).
(D) Section 408(h) (relating to custodial
accounts).
|
FEHBP-Medical Savings Account Promotion Act of 1995 - Amends Federal civil service law to permit Federal employees and annuitants enrolled in a catastrophic plan to elect to receive Government contributions into medical savings accounts provided for by this Act under the Federal Employees Health Benefits Program (FEHBP) to cover qualified medical expenses: (1) to the extent such amounts are not compensated for by insurance or otherwise; or (2) for long-term care insurance for the individual, spouse, or dependent. Prohibits the use of account funds to pay for coverage under any kind of health plan except a catastrophic or long-term care insurance plan.
|
{"src": "billsum_train", "title": "FEHBP-Medical Savings Account Promotion Act of 1995"}
| 1,383 | 138 | 0.594928 | 1.53426 | 0.651231 | 3.221311 | 10.237705 | 0.860656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Women's
History Museum, Inc., a District of Columbia nonprofit
corporation exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.
(5) Property.--The term ``Property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326. The Property is generally bounded by 12th
Street, Independence Avenue, C Street, and the James Forrestal
Building, all in Southwest Washington, District of Columbia,
and shall include all associated air rights, improvements
thereon, and appurtenances thereto.
SEC. 3. CONVEYANCE OF PROPERTY.
(a) Authority To Convey.--
(1) In general.--Subject to the requirements of this Act,
the Administrator shall convey the Property to the Museum, on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this Act.
(2) Agreement.--As soon as practicable, but not later than
180 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the Property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The appraisal shall assume
that the Property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C. 9601))
which require response action (as defined in such
section).
(c) Application of Proceeds.--The purchase price shall be paid into
the Federal Buildings Fund established under section 592 of title 40,
United States Code. Upon deposit, the Administrator may expend, in
amounts specified in appropriations Acts, the proceeds from the
conveyance for any lawful purpose consistent with existing authorities
granted to the Administrator; except that the Administrator shall
provide the Committees with 30 days advance written notice of any
expenditure of the proceeds.
(d) Quit Claim Deed.--The Property shall be conveyed pursuant to a
quit claim deed.
(e) Use Restriction.--The Property shall be dedicated for use as a
site for a national women's history museum for the 99-year period
beginning on the date of conveyance to the Museum.
(f) Reversion.--
(1) Bases for reversion.--The Property shall revert to the
United States, at the option of the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if--
(A) the Property is not used as a site for a
national women's history museum at any time during the
99-year period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on the Property in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If the Property
reverts to the United States pursuant to this section, such
property shall be under the custody and control of the
Administrator.
(g) Closing.--The conveyance pursuant to this Act shall occur not
later than 3 years after the date of enactment of this Act. The
Administrator may extend that period for such time as is reasonably
necessary for the Museum to perform its obligations under section 4(a).
SEC. 4. ENVIRONMENTAL MATTERS.
(a) Authorization to Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in an amount not to exceed
the purchase price for the Property, in the absence of appropriations
and otherwise without regard to section 1341 of title 31, United States
Code, with the Museum or an affiliate thereof for the performance (on
behalf of the Administrator) of response actions (if any) required on
the Property pursuant to CERCLA.
(b) Crediting of Response Costs.--Any costs incurred by the Museum
or an affiliate thereof pursuant to subsection (a) shall be credited to
the purchase price for the Property.
(c) Relationship to CERCLA.--Nothing in this Act may be construed
to affect or limit the application of or obligation to comply with any
environmental law, including section 120(b) of CERCLA (42 U.S.C.
9620(b)).
SEC. 5. INCIDENTAL COSTS.
Subject to section 4, the Museum shall bear any and all costs
associated with complying with the provisions of this Act, including
studies and reports, surveys, relocating tenants, and mitigating
impacts to existing Federal buildings and structures resulting directly
from the development of the property by the Museum.
SEC. 6. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this Act shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the Property in accordance with this Act. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this Act.
SEC. 7. REPORTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter until the end of the 5-year period following
conveyance of the Property or until substantial completion of the
museum facility (whichever is later), the Museum shall submit annual
reports to the Administrator and the Committees detailing the
development and construction activities of the Museum with respect to
this Act.
|
National Women's History Museum Act of 2009 - (Sec. 3) Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property in the District of Columbia, on terms which the Administrator deems appropriate.
Requires the terms and conditions of the conveyance to address, among other things, mitigation of developmental impacts to existing federal buildings and structures, security concerns, and operational protocols for development and use of the property.
Requires the purchase price for the property to be its market value based on its highest and best use, as determined by an independent appraisal. Requires the appraisal to assume that the property does not contain hazardous substances which require response action.
Requires the purchase price to be paid into the Federal Buildings Fund and permits the Administrator to use the proceeds or any lawful purpose consistent with existing authorities granted to the Administrator. Requires specified congressional committees (the committees) to be provided with 30 days advance written notice of any expenditure of the proceeds.
Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period.
Provides for the reversion of the property to the United States without any obligation for repayment of any amount of the purchase price if: (1) it is not used as a site for a national women's history museum during the 99-year period; and (2) the Museum has not commenced construction of a museum facility on such property in a five-year period, other than for reasons beyond the Museum's control.
(Sec. 4) Authorizes the Administrator to contract with the Museum or an affiliate of the Museum to perform response actions required on the property. Credits any costs incurred by the Museum or an affiliate to the purchase price. Prohibits anything in this Act or any amendment made by this Act from affecting or limiting compliance with any environmental law.
(Sec. 5) Requires the Museum to bear all costs associated with complying with the provisions of this Act, including studies and reports, relocating tenants, and mitigating impacts to existing federal buildings and structures resulting from the development of the property.
(Sec. 6) Prohibits anything in this Act from being construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. Requires the Administrator to cooperate with the Museum on zoning or other land use matters. Bars the Administrator from being required to incur any costs for such cooperation.
(Sec. 7) Requires the Museum to submit annual reports to the Administrator and the committees on the development and construction activities of the Museum until the end of the five-year period after conveyance of the property or substantial completion of the museum facility, whichever is later.
|
{"src": "billsum_train", "title": "A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia to provide for the establishment of a National Women's History Museum."}
| 1,698 | 634 | 0.637505 | 2.346602 | 0.66633 | 4.272395 | 2.765996 | 0.945155 |
SECTION 1. AMENDMENTS TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--(1) Chapter 83 of title 5, United States Code, is
amended by inserting after section 8339 the following new section:
``Sec. 8339a. Survivor elections; deposit; offsets
``(a)(1) An individual who makes an election under section
8339(j)(3), (j)(5)(C), or (k)(2) shall deposit into the Fund an amount
determined by the Office of Personnel Management (as nearly as may be
administratively feasible) to reflect the amount by which the annuity
of such individual would have been reduced if the election had been in
effect since the date of retirement (or, if later, in the case of an
election under section 8339(j)(5)(C), since the date the previous
reduction in the annuity of such individual was terminated under
section 8339(j)(5) (A) or (B)), plus interest.
``(2) Interest under paragraph (1) shall be computed at the rate of
6 percent a year.
``(b)(1) The Office shall by regulation provide for payment of any
deposit or combination of deposits required under subsection (a) by a
reduction in the annuity of the employee or Member.
``(2) The reduction shall, to the extent practicable, be designed
such that the present value of the future reductions is actuarially
equivalent to the present value of the deposit or combination of
deposits required under subsection (a), except that the total reduction
under this section may not exceed 25 percent of the annuity computed
under subsections (a)-(i), (n), (p), and (q) of section 8339, adjusted
under section 8340.
``(3) A reduction under this section--
``(A) shall be effective as of the effective date of the
election under section 8339(j)(3), (j)(5)(C), or (k)(2), as the
case may be;
``(B) shall not be terminated on account of a change in
marital status or for any other reason; and
``(C) shall be in addition to any reduction made under
section 8339(j)(4) or (k)(1).
``(c) Subsections (a) and (b) shall not apply with respect to an
election under section 8339(j)(5)(C) or (k)(2) if--
``(1) the employee or Member makes such election after
having made an election under section 8339(k)(1); and
``(2) the election under section 8339(k)(1) becomes void
under section 8339(j)(5)(C)(iv) or (k)(2)(B).
``(d) That the total amount withheld under this section from the
annuity of an employee or Member, as of time of death or other annuity-
terminating event, is less than the amount described in subsection (a)
(including interest) shall not affect either the entitlement of such
employee's or Member's survivor to receive the annuity elected for such
survivor under section 8339(j)(3), (j)(5)(C), or (k)(2) (as the case
may be) or the amount of such survivor annuity.''.
(2) The table of sections for chapter 83 of title 5, United States
Code, is amended by inserting after the item relating to section 8339
the following:
``8339a. Survivor elections; deposit; offsets.''.
(b) Technical and Conforming Amendments.--(1) Section 8339(j)(3) of
title 5, United States Code, is amended by striking the second through
fourth sentences and inserting the following: ``An election under this
paragraph shall be made at the time of retirement or, if later, within
2 years after the date on which the marriage of the former spouse to
the employee or Member is dissolved, and shall become effective the
first day of the second month after the election is received by the
Office.''.
(2) Section 8339(j)(5)(C) of title 5, United States Code, is
amended--
(A) by amending clause (ii) to read as follows:
``(ii) Such election and reduction shall become effective the first
day of the second month after the election is received by the Office,
but not less than 9 months after the date of the remarriage.'';
(B) by striking clauses (iii) and (vi); and
(C) by redesignating clauses (iv) and (v) as clauses (iii)
and (iv), respectively.
(3) Section 8339(k)(2) of title 5, United States Code, is amended--
(A) in subparagraph (B)--
(i) by striking clause (ii);
(ii) by striking ``(B)(i)'' and the first sentence
thereafter and inserting ``(B) The election and
reduction shall become effective the first day of the
second month after the election is received by the
Office, but not less than 9 months after the date of
the marriage.''; and
(iii) by redesignating subclauses (I) and (II) (of
former clause (i)) as clauses (i) and (ii),
respectively; and
(B) by striking subparagraphs (C) and (D).
(4) Section 8334(h) of title 5, United States Code, is amended by
striking ``and by section 8339(j)(5)(C) and the last sentence of
section 8339(k)(2) of this title''.
SEC. 2. AMENDMENTS TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) In General.--Section 8418 of title 5, United States Code, is
amended--
(1) in subsection (a)(1) by striking ``which is required to
be made'' through ``Office'' and inserting ``shall deposit into
the Fund an amount determined by the Office of Personnel
Management''; and
(2) by striking subsections (b) through (d) and inserting
the following:
``(b)(1) The Office shall by regulation provide for payment of the
deposit under subsection (a) by a reduction in the annuity of the
employee or Member.
``(2) The reduction shall, to the extent practicable, be designed
such that the present value of the future reductions is actuarially
equivalent to the present value of the deposit or combination of
deposits required under subsection (a), except that the total reduction
in the annuity of the employee or Member to pay any such deposit or
combination of deposits may not exceed 25 percent of the annuity
computed under section 8415, or under section 8452 (including
subsection (a)(2) of such section, if applicable), adjusted under
section 8462.
``(3) A reduction under this section--
``(A) shall become effective as of the effective date of
the election under subsection (b) or (c) of section 8416 or
section 8417(b), as the case may be;
``(B) shall not be terminated on account of a change in
marital status or for any other reason; and
``(C) shall be in addition to any reduction under section
8419(a) or 8420.
``(c) Subsections (a) and (b) shall not apply with respect to an
election under section 8416 or 8417(b) if--
``(1) the employee or Member makes such election after
having made an election under section 8420; and
``(2) the election under section 8420 becomes void under
section 8416 (b)(3) or (c)(2).
``(d) That the total amount withheld under this section from the
annuity of an employee or Member, as of time of death or other annuity-
terminating event, is less than the amount described in subsection (a)
(including interest) shall not affect either the entitlement of such
employee's or Member's survivor to receive the annuity elected for such
survivor under section 8416 (b) or (c) or section 8417 (as the case may
be) or the amount of such survivor annuity.''.
(b) Technical and Conforming Amendments.--(1) Section 8416(b)(2) of
title 5, United States Code, is amended by striking ``be effective''
and inserting ``become effective''.
(2) The first sentence of section 8416(c)(2) of title 5, United
States Code, is amended to read as follows: ``The election and
reduction shall become effective the first day of the second month
after the election is received by the Office, but not less than 9
months after the date of the marriage.''.
(3) Section 8417(b)(2) of title 5, United States Code, is amended
to read as follows:
``(2) An election under this subsection--
``(A) shall be made at the time of retirement or, if the
marriage is dissolved after the date of retirement, within 2
years after the date on which the marriage of the former spouse
to the employee or Member is dissolved; and
``(B) shall become effective the first day of the second
month after the election is received by the Office.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the first day of the first month beginning at least 30 days after
the date of enactment of this Act, and shall apply to any amount which
first becomes payable on or after that date.
(b) Regulations.--In the case of a deposit (under any of the
provisions of law amended by this Act) that has not been fully paid
before the effective date of the amendments made by this Act, the
Office of Personnel Management shall by regulation establish procedures
under which reductions similar to those provided for under such
amendments shall be applied with respect to the remaining portion of
such deposit.
|
Revises Civil Service and Federal Employees' Retirement Systems provisions with respect to the deposit required in the case of an election to provide a survivor annuity to a spouse by a post-retirement marriage or to a former spouse.
|
{"src": "billsum_train", "title": "To amend the provisions of chapters 83 and 84 of title 5, United States Code, which relates to the deposit required in the case of an election to provide a survivor annuity to a spouse by a post-retirement marriage or a former spouse."}
| 2,242 | 56 | 0.484859 | 1.252319 | 0.257223 | 2.142857 | 47.904762 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crane Tithe Tax Act of 2001''.
SEC. 2. REPEAL OF TAXATION OF CORPORATIONS.
The following provisions of the Internal Revenue Code of 1986 are
hereby repealed:
(1) section 11 (relating to corporate income tax),
(2) section 55 (relating to alternative minimum tax)
insofar as it applies to corporations,
(3) section 511 (relating to unrelated business income
tax),
(4) section 531 (relating to accumulated earnings tax),
(5) section 541 (relating to personal holding company tax),
(6) section 594 (relating to alternative tax for certain
mutual savings banks),
(7) section 801 (relating to tax imposed on life insurance
companies),
(8) section 821 (relating to tax imposed on certain mutual
insurance companies),
(9) section 831 (relating to tax on certain other insurance
companies),
(10) section 852 (relating to tax on regulated investment
companies),
(11) section 857 (relating to tax on real estate investment
trusts), and
(12) section 882 (relating to tax on income of foreign
corporations connected with United States business).
SEC. 3. 10 PERCENT INCOME TAX RATE FOR INDIVIDUALS.
Section 1 of the Internal Revenue Code of 1986 (relating to tax
imposed on individuals) is amended to read as follows:
``SECTION 1. TAX IMPOSED.
``(a) In General.--There is hereby imposed on the income of every
individual a tax equal to 10 percent of the excess of the earned income
of such individual for the taxable year over the exemption amount for
such year.
``(b) Definitions.--For purposes of this section--
``(1) Exemption amount.--
``(A) In general.--The term `exemption amount'
means, for any taxable year, $10,000 increased (for
taxable years beginning after December 31, 2001) by an
amount equal to $10,000 multiplied by the cost-of-
living adjustment for the calendar year in which the
taxable year begins.
``(B) Cost-of-living adjustment.--For purposes of
this paragraph--
``(i) In general.--The cost-of-living
adjustment for any calendar year is the
percentage (if any) by which--
``(I) the CPI for October of the
preceding calendar year, exceeds
``(II) the CPI for October of 2000.
``(ii) CPI.--The term `CPI' means the last
Consumer Price Index for all-urban consumers
published by the Department of Labor.
``(C) Rounding.--If the increase determined under
this paragraph is not a multiple of $10, such increase
shall be rounded to the nearest multiple of $10 (or if
such increase is a multiple of $5, such increase shall
be increased to the next highest multiple of $10).
``(2) Earned income.--
``(A) In general.--Except as provided in
subparagraph (B), the term `earned income' means--
``(i) wages, salaries, and other employee
compensation,
``(ii) the amount of the taxpayer's net
earnings from self-employment for the taxable
year, and
``(iii) the amount of dividends which are
from a personal service corporation or which
are otherwise directly or indirectly
compensation for services.
``(B) Exceptions.--The term `earned income' does
not include--
``(i) any amount received as a pension or
annuity, or
``(ii) any tip unless the amount of the tip
is not within the discretion of the service-
recipient.
``(C) Fringe benefits valued at employer cost.--The
amount of any fringe benefit which is included as
earned income shall be the cost to the employer of such
benefit.''
SEC. 4. AMNESTY FOR ALL PRIOR TAX LIABILITY.
(a) In General.--No person shall be liable for any tax imposed by
chapter 1 of the Internal Revenue Code of 1986 (or for penalties and
interest with respect to such tax) for any taxable year ending before
January 1, 2000.
(b) Exceptions.--
(1) Amounts paid.--Subsection (a) shall not apply to
amounts paid before the date of the enactment of this Act.
(2) Tax attributable to illegal activities.--Subsection (a)
shall not apply to any tax (including penalties and interest
with respect to such tax) attributable to any business activity
which is in violation of any Federal, State, or local law.
SEC. 5. REPEAL OF SPECIAL DEDUCTIONS, CREDITS, AND EXCLUSIONS FROM
INCOME FOR INDIVIDUALS.
Chapter 1 of the Internal Revenue Code of 1986 is amended by
striking out all specific exclusions from gross income, all deductions,
and all credits against income tax to the extent related to the
computation of individual income tax liability.
SEC. 6. REPEAL OF ESTATE AND GIFT TAXES.
Subtitle B of the Internal Revenue Code of 1986 (relating to
estate, gift, and generation-skipping taxes) is hereby repealed.
SEC. 7. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall apply to taxable years beginning
after the date of the enactment of this Act.
(b) Repeal of Estate and Gift Taxes.--The repeal made by section 6
shall apply to estates of decedents dying, and transfers made, after
the date of the enactment of this Act.
(c) Technical and Conforming Changes.--The Secretary of the
Treasury or his delegate shall, as soon as practicable but in any event
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives a draft of any technical and conforming changes in the
Internal Revenue Code of 1986 which are necessary to reflect throughout
such Code the changes in the substantive provisions of law made by this
Act.
|
Crane Tithe Tax Act of 2001 - Amends the Internal Revenue Code to: (1) repeal the tax on corporations; (2) repeal the current tax rates for individuals and replace such rates with a ten percent tax on earned income; (3) provide amnesty for any tax liability prior to January 1, 2000; (4) repeal all specific exclusions from gross income, all deductions, and all credits; and (5) repeal subtitle B relating to estate, gift, and generation-skipping taxes.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the income taxation of corporations, to impose a 10 percent tax on the earned income (and only the earned income) of individuals, to repeal the estate and gift taxes, to provide amnesty for all tax liability for prior taxable years, and for other purposes."}
| 1,379 | 106 | 0.473666 | 1.26339 | 0.483373 | 3.59596 | 12.616162 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corps of Engineers River Stewardship
Independent Investigation and Review Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Corps of
Engineers River Stewardship Independent Investigation and
Review Commission established under section 3(a).
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Session day.--The term ``session day'' means a day on
which both Houses of Congress are in session.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the President shall establish a commission to be known as
the ``Corps of Engineers River Stewardship Independent Investigation
and Review Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of not to
exceed 22 members, and shall include--
(A) individuals appointed by the President to
represent--
(i) the Department of the Army;
(ii) the Department of the Interior;
(iii) the Department of Justice;
(iv) environmental interests;
(v) hydropower interests;
(vi) flood control interests;
(vii) recreational interests;
(viii) navigation interests;
(ix) the Council on Environmental Quality;
and
(x) such other affected interests as are
determined by the President to be appropriate;
(B) 6 governors from States representing different
regions of the United States, as determined by the
President; and
(C) 6 representatives of Indian tribes representing
different regions of the United States, as determined
by the President.
(2) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 180 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--
(1) In general.--The President shall select a Chairperson
and Vice Chairperson from among the members of the Commission.
(2) No corps representative.--The Chairperson and the Vice
Chairperson shall not be representatives of the Department of
the Army (including the Corps of Engineers).
SEC. 4. INVESTIGATION OF CORPS OF ENGINEERS.
Not later than 2 years after the date of enactment of this Act, the
Commission shall complete an investigation and submit to Congress a
report on the management of rivers in the United States by the Corps of
Engineers, with emphasis on--
(1) compliance with environmental laws in the design and
operation of river management projects, including--
(A) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); and
(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(2) compliance with the cultural resource laws that protect
Native American graves, traditional cultural properties, and
Native American sacred sites in the design and operation of
river management projects, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.);
(D) Executive Order 13007 (61 Fed. Reg. 26771;
relating to Indian sacred sites);
(E) identification of opportunities for developing
tribal cooperative management agreements for erosion
control, habitat restoration, cultural resource
protection, and enforcement;
(F) review of policy and guidance regarding
nondisclosure of sensitive information on the
character, nature, and location of traditional cultural
properties and sacred sites; and
(G) review of the effectiveness of government-to-
government consultation by the Corps of Engineers with
Indian tribes and members of Indian tribes in cases in
which the river management functions and activities of
the Corps affect Indian land and Native American
natural and cultural resources;
(3) the quality and objectivity of scientific,
environmental, and economic analyses by the Corps of Engineers,
including the use of independent reviewers of analyses
performed by the Corps;
(4) the extent of coordination and cooperation by the Corps
of Engineers with Federal and State agencies (such as the
United States Fish and Wildlife Service) and Indian tribes in
designing and implementing river management projects;
(5) the extent to which river management studies conducted
by the Corps of Engineers fairly and effectively balance the
goals of public and private interests, such as wildlife,
recreation, navigation, and hydropower interests;
(6) whether river management studies conducted by the Corps
of Engineers should be subject to independent review;
(7) whether river planning laws (including regulations)
should be amended; and
(8) whether the river management functions of the Corps of
Engineers should be transferred from the Department of the Army
to a Federal civilian agency.
SEC. 5. POWERS.
(a) Hearings.--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 advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal department or agency such information as the Commission
considers necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the department or
agency shall provide the information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or personal property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of 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 the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$5,000,000 for each of fiscal years 2003 through 2005, to remain
available until expended.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the date on which the Commission
submits the report to Congress under section 4(a).
|
Corps of Engineers River Stewardship Independent Investigation and Review Act - Directs the President to establish the Corps of Engineers River Stewardship Independent Investigation and Review Commission. Directs the Commission to investigate and report to Congress on management of U.S. rivers by the Corps, with emphasis on: (1) compliance, in the design and operation of river management projects, with environmental laws and with the cultural resource laws that protect Native American graves, traditional cultural properties, and Native American sacred sites; (2) the quality and objectivity of scientific, environmental, and economic analyses; (3) the extent of coordination and cooperation with Federal and State agencies in designing and implementing river management projects; (4) the extent to which river management studies balance the goals of public and private interests and whether such studies should be subject to independent review; (5) whether river planning laws and regulations should be amended; and (6) whether the river management functions of the Corps should be transferred to a Federal civilian agency.
|
{"src": "billsum_train", "title": "A bill to establish a commission to assess the performance of the civil works functions of the Secretary of the Army."}
| 2,184 | 199 | 0.564007 | 1.59073 | 0.787712 | 4.643979 | 10.534031 | 0.979058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance to Individuals Delivering
for America Act of 2005'' or the ``AID for America Act of 2005''.
SEC. 2. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM
VOLUNTEER DISASTER RELIEF SERVICES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 45M the following new
section:
``SEC. 45N. EMPLOYER CREDIT FOR WAGES PAID TO EMPLOYEES WHO PERFORM
VOLUNTEER DISASTER RELIEF SERVICES.
``(a) In General.--For purposes of section 38, the employee
disaster relief volunteer services credit determined under this section
for the taxable year is an amount equal to 50 percent of the wages paid
or incurred by the taxpayer during the taxable year to any employee of
the taxpayer while such employee is performing qualified disaster
relief services.
``(b) Limitations.--
``(1) Maximum credit of $3,000 per month per employee.--The
credit determined under this section with respect to services
performed by an employee shall not exceed $100 per day of
qualified disaster relief services.
``(2) Minimum period of creditable service.--A day of
qualified disaster relief services of an employee may be taken
into account under this section only if--
``(A) such services are performed for at least 8
hours of such day, and
``(B) such day is within a 7-day period on at least
5 days of which the requirement of subparagraph (A) is
met.
``(3) Maximum period of creditable service.--The period of
qualified disaster relief services performed by an employee
which may be taken into account under this section for the
taxable year shall not exceed 90 days.
``(c) Employer Must Maintain Wages and Benefits.--No credit shall
be determined under this section for wages paid or incurred by the
taxpayer during any period unless the wages and benefits provided by
the taxpayer for such period are the same as they would be were the
employee not performing qualified disaster relief services and were
performing such employee's normal services for the employer.
``(d) Definitions.--For purposes of this section--
``(1) Qualified disaster relief services.--The term
`qualified disaster relief services' means any service
furnished by an employee of the taxpayer if--
``(A) the services are performed for an
organization--
``(i) which is determined by the Federal
Emergency Management Agency as a bona fide
disaster relief organization, and
``(ii) which is determined by the Secretary
to have adequate recordkeeping and reporting
procedures to make determinations under this
section,
``(B) the services are performed in the area of a
Presidentially declared disaster (as defined in section
1003(h)(3)) or in support of recovery efforts from such
a disaster and are so certified by such organization,
and
``(C) the employee receives no additional
compensation for performing such services and the
employer receives no compensation for such services.
``(2) Wages.--The term `wages' has the meaning given to
such term by section 51(c).
``(e) Controlled Groups.--Rules similar to the rules of section
1397(b) shall apply for purposes of this section.''
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45N(a),'' after ``45A(a),''.
(c) Credit Made Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) is amended by
striking ``plus'' at the end of paragraph (23), by striking the
period at the end of paragraph (24) and inserting ``, plus'',
and by adding at the end thereof the following new paragraph:
``(25) the employee disaster relief volunteer services
credit determined under section 45N(a).''.
(2) Deduction for certain unused business credits.--
Subsection (c) of section 196 of such Code is amended by
striking ``and'' at the end of paragraph (12), by striking the
period at the end of paragraph (13) and inserting ``, and'',
and by adding after paragraph (13) the following new paragraph:
``(14) the employee disaster relief volunteer services
credit determined under section 45N(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:
``Sec. 45N. Employer credit for wages paid to employees who perform
volunteer disaster relief services.''.
(e) Effective Date.--The amendments made by this section shall
apply to services performed after August 24, 2005, in taxable years
ending after such date.
|
Assistance to Individuals Delivering for America Act of 2005 or the AID for America Act of 2005 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the wages paid to employees serving as disaster relief volunteers. Limits the amount of such credit to $100 per day per employee.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reward those Americans who provide volunteer services in times of national need."}
| 1,151 | 67 | 0.586806 | 1.343883 | 1.167251 | 3.016949 | 17.423729 | 0.881356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Garment Consumer's Right-to-Know Act
of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The production of garments in sweatshops that violate
labor rights and standards burdens interstate and international
commerce and the free flow of goods in commerce by spreading
and perpetuating labor conditions that undermine minimum living
standards and by providing an unfair means of competition to
the detriment of employers who comply with the law.
(2) The existence of domestic and foreign working
conditions detrimental to fair competition and the maintenance
of minimum standards of living necessary for health,
efficiency, and general well-being of domestic and foreign
workers are a continuing and growing problem in the garment
industry.
(3) Many consumers of garments wish to know whether the
garments they purchase in interstate and international commerce
are made under working conditions that the consumer deems
morally repugnant, indecent, violative of workers' human
dignity and fundamental rights, or otherwise unacceptable. The
absence of reliable and available information about such
sweatshop conditions impairs consumers' capacity to freely and
knowingly choose whether to purchase garments made in
sweatshops and sold into interstate and international commerce.
(4) The Congress concurs in the findings of the Comptroller
General that most sweatshop employers violate the recordkeeping
requirements of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.).
(5) The failure of these employers to maintain adequate
records, as well as the lack of access to such records by
consumers, employees, consumer and employee representatives,
and the public at large has adversely affected and continues to
adversely affect the ability of employees and the Department of
Labor to collect wages due to workers and to otherwise ensure
compliance with the Act's wage and hour, child labor, and
industrial homework provisions.
(6) These failures of recordkeeping and lack of access to
records--combined with the inadequacy in the scope of
information that manufacturers have been required to record and
disclose--also obstruct consumers from freely and knowingly
choosing whether to buy garments that are made under sweatshop
conditions.
(7) It is necessary to amend the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.) to ensure free consumer choice
and to promote fair competition and working conditions that are
not detrimental to the maintenance of health, efficiency, and
general well-being of workers in the garment industry.
SEC. 3. RECORDKEEPING AND DISCLOSURE IN THE GARMENT INDUSTRY.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 11 the following new section:
``recordkeeping and disclosure in the garment industry
``Sec. 11A. (a) An apparel manufacturer that engages a contractor
to manufacture apparel shall maintain, for not less than 3 years, the
following:
``(1) The same records and information with respect to the
employees and homeworkers of each contractor engaged by the
manufacturer that the manufacturer is required to make, keep,
and preserve with respect to an employer's employees and
homeworkers under section 11(a).
``(2) Records of the following, with respect to each
contractor engaged by the manufacturer:
``(A) The address of the headquarters, principal
places of business, and place of incorporation (or
other legal registration) of the contractor.
``(B) A full description of each production order
placed by the manufacturer with the contractor,
including descriptions of the items manufactured or
otherwise transformed by the contractor, and of the
attendant processes of manufacturing and
transformation, that are sufficiently detailed to
enable consumers, employees, consumer and employee
representatives, and the public to readily identify--
``(i) the type, brand, style, or other
identifying features of the particular final
retail product to which a production order
applies;
``(ii) for each process of manufacturing or
transformation, the quantity of items
manufactured or transformed by that process,
the date of work performed, and the location of
the facility where work was or is performed by
employees of the contractor fulfilling the
production order;
``(iii) the class or type of employees that
performed each process of manufacturing or
transformation;
``(iv) the age of each such employee; and
``(v) for each such employee, the regular
time and overtime hours worked (as determined
under section 13), the wages and benefits paid,
and the method of calculating any piece rates
or incentive rates paid.
``(C) The names and addresses of all persons who
are financially invested or interested, whether as
partners, associates, profit sharers, shareholders, or
through other forms of financial investment, in each
contractor engaged by the manufacturer, together with
the proportion or amount of their respective
investments or interests, except that in the case of a
publicly traded corporation a listing of principal
officers shall suffice.
``(D) All applicable labor laws.
``(E) Every charge, complaint, petition, or other
legal, administrative, or arbitral claim submitted,
filed, served, or in any other manner brought by any
party, and every action taken by any public authority
or private arbitrator during the previous 5 years,
pertaining to compliance or noncompliance by the
contractor with the applicable labor laws.
``(b) Prior to, or concurrent with, an apparel manufacturer's
placement of a production order with a contractor to manufacture
apparel, the manufacturer shall enter into a contract with the
contractor that requires the contractor to provide to the manufacturer,
in a timely manner, the records and information required under
subsection (a).
``(c) An apparel manufacturer shall diligently enforce any contract
specified in section 11A(b), including initiating legal action against
the contractor in an appropriate court.
``(d) An apparel manufacturer shall submit copies of the records
and contracts required under subsection (a) and (b) to the Secretary,
who shall make the information contained in those records and contracts
fully and freely available to the public, through printed and online
electronic databases that are readily searchable by name of
manufacturer or contractor, address of manufacturer or contractor, date
of production order, and description of production order (as provided
in subsection (a)(2)(B)).
``(e)(1)(A) Any employee of an apparel manufacturer (or of a
contractor engaged by such manufacturer), any organization representing
the interests of consumers in the United States, and any labor
organization representing employees in the garment industry in the
United States or in the country in which the respective contractor does
business may bring an action against such manufacturer or contractor
for violation of the manufacturer's obligations under this section in
an appropriate United States district court.
``(B) A manufacturer or contractor found liable an action under
this paragraph shall be subject to an award of compensatory,
consequential, and punitive damages, as well as equitable relief. Any
such damages shall be awarded to, and apportioned among, the employees
of the contractor as to which the manufacturer has failed to maintain
information required under subsection (a) or has failed to enter into
or enforce contracts as required under subsection (b).
``(C) Plaintiffs in such actions shall be entitled to a trial by
jury and to attorney fees and costs in the same manner as provided in
section 16(b).
``(2) The compliance of an apparel manufacturer with this section,
with respect to the information and records employees and homeworkers
of each contractor engaged by the manufacturer and the contract and
enforcement requirements of subsections (b) and (c), may be enforced in
the same manner as records and information the manufacturer is required
to make, keep, and preserve with respect to an employer's employees and
homeworkers under section 11(a).
``(f) For purposes of this section:
``(1)(A) The term `apparel' means a garment (or a section
or component of such garment) designed or intended to be worn
by men, women, children, or infants and to be sold or offered
for sale.
``(B) Such term includes clothing, knit goods, hats,
gloves, handbags, hosiery, ties, scarves, and belts.
``(C) Such term does not include premanufactured items,
such as buttons, zippers, snaps, or studs.
``(2) The term `manufacture', with respect to apparel,
means to design, cut, sew, dye, wash, finish, assemble, press,
or otherwise produce.
``(3)(A) The term `apparel manufacturer' means any person,
in or affecting interstate or foreign commerce, that--
``(i) manufactures apparel or engages in the
business of selling apparel; or
``(ii) engages a contractor to manufacture apparel.
``(B) Such term does not include a contractor.
``(4) The term `contractor' means--
``(A) any person who contracts, directly or
indirectly, with an apparel manufacturer to manufacture
apparel (including any subcontractor of such person)
for such manufacturer; and
``(B) any agent, distributor, or person described
in subparagraph (A) through which homework is
distributed or collected by such an agent, distributor,
or contractor engaged by an apparel manufacturer.
``(5) The term `applicable labor laws' means the Federal,
State, or international laws or regulations to which an apparel
manufacturer or contractor is subject in the area of labor and
employment, including wages and hours, child labor, safety and
health, discrimination, freedom of association and collective
bargaining, work-related benefits and leaves, and any other
workplace condition or aspect of the employment relationship.
``(6) The term `appropriate court' means, with respect to
an apparel manufacturer or contractor--
``(A) an appropriate United States district court;
``(B) a court of any State having jurisdiction over
the manufacturer or contractor; or
``(C) a foreign court or tribunal having
jurisdiction over the manufacturer or contractor.''.
SEC. 4. CIVIL PENALTIES FOR VIOLATIONS OF RECORDKEEPING.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended by adding after the first sentence the following:
``Any person who fails to maintain or submit information, records, and
contracts as required under section 11(c) and section 11A shall be
subject to a civil penalty of $5,000 for each employee to whom such
records pertain, except that a person who willfully commits such a
failure shall be liable for such civil penalty for each pay period in
which the failure occurs. In addition to any other penalties provided
by law, any person who submits fraudulent information, records, or
contracts under section 11A shall be subject to a civil penalty of
$10,000 for the first such fraudulent act and $15,000 for each such
subsequent fraudulent act.''.
|
Garment Consumer's Right-to-Know Act of 2002 - Amends the Fair Labor Standards Act of 1938 to establish recordkeeping and disclosure requirements for apparel manufacturers with respect to wages, hours, and other labor conditions of their contractors' employees.
|
{"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to provide access to information about sweatshop conditions in the garment industry, and for other purposes."}
| 2,363 | 54 | 0.487997 | 1.267099 | 0.525169 | 3.847826 | 50.347826 | 0.934783 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting
the beaches in World War II in the Pacific and Europe, to the
cold and difficult terrain in Korea, the steamy jungles of
Vietnam, and the desert sands of the Middle East;
(2) all Americans should commemorate those who come home
having survived the ordeal of war, and solemnly honor those who
made the ultimate sacrifice in giving their lives for their
country;
(3) all Americans should honor the millions of living
disabled veterans who carry the scars of war every day, and who
have made enormous personal sacrifices defending the principles
of our democracy;
(4) in 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial;
(5) the United States should pay tribute to the Nation's
living disabled veterans by minting and issuing a commemorative
silver dollar coin; and
(6) the surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the design selected by the Disabled
Veterans' LIFE Memorial Foundation for the American Veterans
Disabled for Life Memorial.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) 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) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(d) 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. DISTRIBUTION OF SURCHARGES.
(a) In General.--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 Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of the American Veterans' Disabled for Life
Memorial in Washington, D.C.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (a).
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
Passed the Senate May 25, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 633
_______________________________________________________________________
AN ACT
To require the Secretary of the Treasury to mint coins in commemoration
of veterans who became disabled for life while serving in the Armed
Forces of the United States.
|
American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial, in commemoration of disabled American veterans.
Restricts such coin issuance period to the calendar year beginning on January 1, 2010.
Requires a $10 dollar surcharge from such coin sales to be paid to the Disabled Veterans' LIFE Memorial Foundation in order to establish an endowment to support the construction of the American Veterans' Disabled for Life Memorial in Washington, D.C.
Prescribes financial assurances that require: (1) the Secretary to take such actions as may be necessary to ensure that minting and issuing the coins will not result in any net cost to the United States Government; and (2) full payment for issuance of the coins.
|
{"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States."}
| 1,409 | 199 | 0.603017 | 1.780241 | 0.877079 | 5.723529 | 7.788235 | 0.958824 |
SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS OF
CONGRESS, POLITICAL APPOINTEES, AND CONGRESSIONAL STAFF
IN THE EXCHANGE.
(a) In General.--Section 1312(d)(3)(D) of the Patient Protection
and Affordable Care Act is amended to read as follows:
``(D) President, vice president, political
appointees, members of congress, and congressional
staff in the exchange.--
``(i) In general.--Notwithstanding chapter
89 of title 5, United States Code, or any
provision of this title--
``(I) the President, the Vice
President, each political appointee,
each Member of Congress, and each
Congressional employee shall be treated
as a qualified individual entitled to
the right under this paragraph to
enroll in a qualified health plan in
the individual market offered through
an Exchange in the State in which the
individual resides; and
``(II) any employer contribution
under such chapter on behalf of the
President, the Vice President, any
political appointee, any Member of
Congress, and any Congressional
employee may be paid only to the issuer
of a qualified health plan in which the
individual enrolled in through such
Exchange and not to the issuer of a
plan offered through the Federal
employees health benefit program under
such chapter.
``(ii) Payments by federal government.--The
Secretary, in consultation with the Director of
the Office of Personnel Management, shall
establish procedures under which--
``(I) the employer contributions
under such chapter on behalf of the
President, the Vice President, each
political appointee, each Member of
Congress, and each Congressional
employee are determined and actuarially
adjusted for individual or family
coverage, rating areas, and age (in
accordance with clauses (i) through
(iii) of section 2701(a)(1)(A) of the
Public Health Service Act); and
``(II) the employer contributions
may be made directly to an Exchange for
payment to an issuer.
``(iii) Political appointee.--In this
subparagraph, the term `political appointee'
means any individual who--
``(I) is employed in a position
described under sections 5312 through
5316 of title 5, United States Code,
(relating to the Executive Schedule);
``(II) is a limited term appointee,
limited emergency appointee, or
noncareer appointee in the Senior
Executive Service, as defined under
paragraphs (5), (6), and (7),
respectively, of section 3132(a) of
title 5, United States Code; or
``(III) is employed in a position
in the executive branch of the
Government of a confidential or policy-
determining character under schedule C
of subpart C of part 213 of title 5 of
the Code of Federal Regulations.
``(iv) Congressional employee.--In this
subparagraph, the term `Congressional employee'
means an employee whose pay is disbursed by the
Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the Patient Protection and Affordable Care
Act.
|
Amends the Patient Protection and Affordable Care Act (PPACA) to require the participation of the President, Vice President, each Member of Congress, each political appointee, and each Congressional employee in state Exchanges established for the purchase of health care coverage under such Act.
|
{"src": "billsum_train", "title": "To amend the Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice-President, Members of Congress, political appointees, and congressional staff."}
| 734 | 59 | 0.51356 | 1.195096 | 0.670734 | 2.56 | 13.04 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Communications of Utilities
from Terrorist Threats'' or the ``SCOUTS Act''.
SEC. 2. POLICY.
(a) Security and Resilience.--The Secretary of Homeland Security,
in coordination with the sector-specific agencies, may work with
critical infrastructure owners and operators and State, local, tribal,
and territorial entities to seek voluntary participation of such
agencies to determine how the Department of Homeland Security can best
serve the sector-specific cybersecurity needs to manage risk and
strengthen the security and resilience of the Nation's critical
infrastructure against terrorist attacks that could have a debilitating
impact on national security, economic stability, public health and
safety, or any combination thereof.
(b) Objectives.--In implementing subsection (a), the Secretary
shall seek to reduce vulnerabilities, minimize consequences, identify
and disrupt terrorism threats, and hasten response and recovery efforts
related to impacted critical infrastructures.
(c) Investigation of Best Means To Engage Owners and Operators.--
The Secretary, in coordination with the sector-specific agencies, may
investigate the best means for engaging sector-specific agencies in
participation in a voluntary cybersecurity information sharing,
emergency support, and emerging threat awareness program.
(d) Listening Opportunity.--The Secretary shall establish voluntary
opportunities for sector-specific agencies and critical infrastructure
owners and operators to inform the Department of Homeland Security of
sector-specific challenges to cybersecurity, including regarding--
(1) what needs they may have or may not have regarding
critical infrastructure protection; and
(2) how the Department of Homeland Security is or is not
helping to meet those needs that have been identified, through
voluntary participation.
(e) GAO Report.--The Comptroller General of the United States shall
report to the Congress by not later than 6 months after the date of the
enactment of this Act on the views, experiences, and preferences of
critical infrastructure owners and operators regarding the benefits of
engaging in voluntary cybersecurity incident reporting, intelligence
gathering, and technical support resources provided by the Department
of Homeland Security.
(f) International Partners.--The Secretary shall, in consultation
with appropriate Federal agencies, establish terrorism prevention
policy to engage with international partners to strengthen the security
and resilience of domestic critical infrastructure and critical
infrastructure located outside of the United States, or in its
territorial waters, on which the Nation depends.
SEC. 3. STRATEGIC IMPERATIVES.
(a) Research and Report on the Most Efficient Means for Information
Exchange by Identifying Baseline Data and Systems Requirements for the
Federal Government.--The Secretary shall facilitate the timely exchange
of terrorism threat and vulnerability information as well as
information that allows for the development of a situational awareness
capability for Federal civilian agencies during terrorist incidents.
The goal of such facilitation is to enable efficient information
exchange through the identification of requirements for data and
information formats and accessibility, system interoperability, and
redundant systems and alternate capabilities should there be a
disruption in the primary systems.
(b) Implementation of an Integration and Analysis Function To
Inform Planning and Operational Decisions Regarding the Protection of
Critical Infrastructure From Terrorism Events.--The Secretary of
Homeland Security shall implement an integration and analysis function
for critical infrastructure that includes operational and strategic
analysis on terrorism incidents, threats, and emerging risks. Such
function shall include establishment by the Secretary of integration of
data sharing capabilities with Fusion Centers that accomplish the
following:
(1) Determine the appropriate role that Fusion Centers may
fill in reporting data related to cybersecurity threat or
incident information regarding individuals or service providers
with access to or ongoing business relationships with critical
infrastructure.
(2) Determine whether or how the National Protection and
Programs Directorate and the National Cybersecurity and
Communications Integration Center may work with Fusion Centers
to report possible cybersecurity incidents.
(3) Determine a means for Fusion Centers to report
availability of critical infrastructure to support local,
State, Federal, tribal, and territorial law enforcement and the
provision of basic public services after disruption events such
as electric power brownouts and blackouts, accidents that
disrupt service, and vandalism to or near facilities.
(4) Categorize and prioritize cybersecurity intake risk
information based on relevance to critical infrastructure
owners or operators in the area served by the Fusion Center.
(5) Establish an emerging threat hotline and secure online
sector-specific cybersecurity incident reporting portal by
which information may be disseminated through Fusion Centers.
(6) Develop, keep up to date, and make available a Federal
agency directory of designated offices or individuals tasked
with responding to, mitigating, or assisting in recovery from
cybersecurity incidents involving critical infrastructure and
make the directory available on a voluntary basis to critical
infrastructure owners and operators.
(7) Establish a voluntary incident access portal with the
ability to allow users to determine the means, methods, and
level of incident reporting that is sector-specific and
relevant to the recipient as defined and controlled by the
recipient.
(8) Gather voluntary feedback from critical infrastructure
owners and operators on the value, relevance, and timeliness of
the information received, which shall include how they believe
information and the means used to disseminate that information
might be improved.
(9) Report to Congress every 2 years on the voluntary
participation of critical infrastructure owners and operators
in the programs established under this title.
(10) Implement a capability to collate, assess, and
integrate vulnerability and consequence information with threat
streams and hazard information to--
(A) evaluate the impact of cybersecurity and
cyberphysical impacts of critical physical assets;
(B) aid in prioritizing assets and managing risks
to critical infrastructure in impacted areas;
(C) determine, through the voluntary cooperation of
critical infrastructure owners and operators, the
staffing and professional need for cybersecurity
critical infrastructure protection with Fusion Centers;
(D) determine, through coordination with the
sector-specific agencies, the agency staffing needed to
support cybersecurity critical infrastructure
protection and report the findings to Congress;
(E) research and report findings regarding the
feasibility of exploring terrorist incident
correlations between critical infrastructure damage,
destruction, and diminished capacity, and what occurs
during certain natural disasters;
(F) anticipate interdependencies and cascading
impacts related to cyber telecommunications failures;
(G) recommend security and resilience measures for
critical infrastructure prior to, during, and after a
terrorism event or incident;
(H) evaluate interdependencies and cascading
impacts related to electric grid failures;
(I) support post-terrorism incident management and
restoration efforts related to critical infrastructure;
and
(J) make recommendations on preventing the collapse
or serious degrading of the telecommunication
capability in an area impacted by a terrorism event.
(11) Support the Department of Homeland Security's ability
to maintain and share, as a common Federal service, a near
real-time situational awareness capability for critical
infrastructure that includes actionable information about
imminent terrorist threats, significant trends, and awareness
of incidents that may impact critical infrastructure.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Critical infrastructure.--The term ``critical
infrastructure'' means systems and assets, whether physical or
virtual, so vital to the United States that the incapacity or
destruction of such systems and assets would have a
debilitating impact on security, national economic security,
national public health or safety, or any combination of those
matters.
(2) Resilience.--The term ``resilience'' means the ability
to prepare for and adapt to changing conditions and withstand
and recover rapidly from disruptions. The term includes the
ability to withstand and recover from deliberate attacks,
accidents, or naturally occurring threats or incidents.
(3) Sector-specific agency.--The term ``sector-specific
agency'' means a Federal department or agency designated as a
Sector-Specific Agency by Presidential Policy Directive 21,
relating to Critical Infrastructure Security and Resilience.
(4) Security.--The term ``security'' means reducing the
risk to critical infrastructure by physical means or defense
cyber measures to intrusions, attacks, or the effects of
terrorist intrusions or attacks.
|
Securing Communications of Utilities from Terrorist Threats or the SCOUTS Act This bill authorizes the Department of Homeland Security (DHS) to work with critical infrastructure owners and operators and state, local, tribal, and territorial entities to seek voluntary participation of sector-specific agencies to determine how DHS can best serve cybersecurity needs to manage risk and strengthen the security and resilience of the nation's critical infrastructure against terrorist attacks. A "sector-specific agency" is a federal agency designated as such by Presidential Policy Directive 21 relating to critical infrastructure security and resilience. DHS: (1) shall seek to reduce vulnerabilities, minimize consequences, identify and disrupt terrorism threats, and hasten response and recovery efforts related to impacted critical infrastructures; (2) may investigate the best means for engaging sector-specific agencies in a voluntary cybersecurity information sharing, emergency support, and emerging threat awareness program; and (3) shall establish voluntary opportunities for such agencies and critical infrastructure owners and operators to inform DHS of sector-specific challenges to cybersecurity. DHS shall: (1) establish terrorism prevention policy to engage with international partners to strengthen the security and resilience of domestic critical infrastructure and critical infrastructure located outside of the United States or in its territorial waters, and (2) facilitate the timely exchange of terrorism threat and vulnerability information as well as information that allows for the development of a situational awareness capability for federal civilian agencies during terrorist incidents. DHS shall implement an integration and analysis function for critical infrastructure that includes: (1) operational and strategic analysis on terrorism incidents, threats, and emerging risks; and (2) integration of data sharing capabilities with Fusion Centers.
|
{"src": "billsum_train", "title": "Securing Communications of Utilities from Terrorist Threats"}
| 1,711 | 333 | 0.761669 | 2.419481 | 0.856374 | 6.235669 | 5.267516 | 0.968153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Aquaculture Enhancement Act
of 1994''.
SEC. 2. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY
TRANSFER PROGRAM.
The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.)
is amended by inserting after section 206 the following:
``SEC. 206A. MARINE AQUACULTURE RESEARCH, DEVELOPMENT, AND TECHNOLOGY
TRANSFER PROGRAM.
``(a) Marine Aquaculture Research, Development, and Technology
Transfer Program.--The national sea grant college program under section
204 shall include a marine aquaculture research, development, and
technology transfer program (in this section referred to as the
`Program') under which the Secretary, acting through the Director,
shall make grants and enter into contracts in accordance with this
section, and engage in other activities authorized under this Act, to
further research, development, education, and technology transfer in
marine aquaculture and accelerate the development, growth, and
commercialization of the domestic marine aquaculture industry.
``(b) Program Scope.--The Program shall include research,
development, technology transfer, education, and marine advisory
programs that address at least the following:
``(1) The development of domestic marine aquaculture
products that are commercially competitive in the world market.
``(2) Fundamental biological knowledge that is needed for
domesticating and commercializing marine species that are
candidates for aquaculture.
``(3) Environmentally safe technologies, methods, and
systems for culturing marine species in the coastal
environment.
``(4) Aquaculture technologies that are compatible with
other uses of the sea.
``(5) Application of marine biotechnology to aquaculture.
``(6) Methods for addressing and resolving conflicts
between marine aquaculture and other uses of the coastal
environment.
``(7) Comparative studies of State practices regarding the
regulation and promotion of marine aquaculture, so as to
identify interstate conflicts and issues.
``(c) Sea Grant Marine Advisory Services.--The Secretary shall
maintain within the Marine Advisory Service, the capability to transfer
relevant technologies and information to the marine aquaculture
industry. Particular emphasis shall be given to the matters referred to
in subsection (b) (1) through (7).
``(d) Administration.--In carrying out the Program, the Director
shall--
``(1) coordinate and administer the relevant activities of
the sea grant colleges and any advisory committee or review
panel established under subsection (f);
``(2) consult with the Joint Subcommittee on Aquaculture
and the aquaculture industry to identify program priorities and
needs and, to the extent possible, undertake collaborative
efforts; and
``(3) provide general oversight to ensure that the Program
produces the highest quality research, education, and
technology transfer and leads to opportunities for business
development, the commercialization of marine aquaculture
products, and jobs creation.
``(e) Grants and Contracts.--
``(1) In general.--The Director, subject to the
availability of appropriations, shall award grants and
contracts in accordance with procedures, requirements, and
restrictions under section 205 (c) and (d) for aquaculture
education, technology transfer, and advisory projects based on
a competitive review of--
``(A) their respective scientific, technical, and
educational merits; and
``(B) their likelihood of producing information and
technology which lead to the growth, development, and
commercialization of the marine aquaculture industry.
``(2) Special requirements.--In addition to requirements
applicable under section 205, applications for grants and
contracts under this subsection shall be--
``(A) received, evaluated, and selected by the
appropriate directors of sea grant colleges;
``(B) forwarded by those directors to the Director;
and
``(C) evaluated by a review panel established in
accordance with subsection (f).
``(3) Funding.--Grants made and contracts entered into
under this section shall be funded with amounts available from
appropriations made pursuant to the authorization provided for
under section 212(c), except that if the project under a grant
or contract was considered and approved, in whole or part,
under grant or contract authority provided for under section
205 (a) or (b) or section 3 of the Sea Grant Program
Improvement Act of 1976, the grant or contract shall be funded
from amounts available to carry out that section.
``(f) Marine Aquaculture Review Panels.--
``(1) Establishment and duties.--The Director, in
consultation with the directors of a sea grant college and
representatives of the marine aquaculture industry, shall
establish such advisory committees and review panels as may be
necessary to carry out this section.
``(2) Membership.--At least 25 percent of the members of
any advisory committee or review panel established under this
subsection shall be appointed from among representatives of the
marine aquaculture industry.
``(3) Access to evaluations of grants and contracts.--The
Director shall provide to each advisory committee and review
panel established under this subsection copies of appropriate
grant and contract application evaluations prepared by
directors of sea grant colleges under subsection (e)(2)(A).
``(g) Marine Aquaculture Defined.--As used in this section, the
term `marine aquaculture' means aquaculture which is conducted in
controlled or other tidal fresh, brackish, or coastal environments,
including the Great Lakes.
``(h) Authorization of Appropriations.--
``(1) Grants and contracts.--There is authorized to be
appropriated to carry out this section (other than for
administration)--
``(A) $5,000,000 for each of fiscal years 1995 and
1996; and
``(B) $7,000,000 for each of fiscal years 1997 and
1998.
``(2) Administration.--There is authorized to be
appropriated for the administration of this section the lesser
of--
``(A) for each fiscal year, 2 percent of the total
amount appropriated to carry out this section 1995 and
1996; and
``(B)(i) $100,000, for each of fiscal years 1995
and 1996; and
``(ii) $120,000 for each of fiscal years 1997 and
1998.''.
SEC. 3. AQUACULTURE IN THE COASTAL ZONE.
The Coastal Zone Management Act of 1972 is amended--
(1) in section 306A(b) (16 U.S.C. 1455a(b)) by adding at
the end of the following:
``(4) The development of a coordinated process among State
agencies to regulate and issue permits for aquaculture
facilities in the coastal zone.''; and
(2) in section 309(a) (16 U.S.C. 1456b(a)) by adding at the
end the following:
``(9) Adoption of procedures and policies to evaluate and
facilitate the siting of public and private aquaculture
facilities in the coastal zone which will enable States to
formulate, administer, and implement strategic plans for marine
aquaculture.''.
SEC. 4. OFFSHORE MARINE AQUACULTURE PERMITTING.
(a) Ownership, Construction, and Operation of Offshore Marine
Aquaculture Facilities.--No person may own, construct, or operate an
offshore marine aquaculture facility except as authorized by a permit
issued under this section.
(b) Permit Issuance and Term.--
(1) In general.--The Secretary may issue, amend, renew, or
transfer in accordance with this section permits which
authorize the ownership, construction, or operation of an
offshore marine aquaculture facility.
(2) Term.--The term of a permit under this section shall be
10 years.
(c) Permit Prerequisites.--The Secretary may not issue, amend,
renew, or transfer a permit to a person under this section unless--
(1)(A) each of the officials referred to in subsection
(e)(1) has certified to the Secretary that the activities to be
conducted under the permit would comply with laws administered
by the official; or
(B) the permit establishes the conditions transmitted under
subsection (e)(3)(A) by each of those officials that does not
make that certification, and each of the remainder of those
officials makes that certification;
(2) the Secretary determines that--
(A) construction and operation of a facility under
the permit will be in the national interest and comply
with the environmental standards established by the
Secretary under subsection (k);
(B) the site for the facility will not interfere
with facilities previously permitted under this section
or any other Federal law; and
(C) the person, upon revocation or surrender of the
permit, will properly dispose of or remove the facility
as directed by the Secretary; and
(3) the person provides to the Secretary a bond or other
assurances to pay for all costs associated with the removal of
the facility.
(d) Public Notice and Comment Period.--
(1) Notice.--The Secretary shall publish in the Federal
Register--
(A) notice of receipt of each application for a
permit under this section; and
(B) notice of issuance of each permit issued,
amended, renewed, or transferred under this section.
(2) Public comment.--The Secretary shall provide a period
of at least 90 days for the submission by the public of
comments regarding each application received by the Secretary
for the issuance, amendment, renewal, or transfer of a permit
under this section.
(e) Agency Notice and Comment.--
(1) Transmission of copies of applications.--Not later than
30 days after receiving of an application for a permit under
this section, the Secretary shall forward a copy of the
application to--
(A) the Secretary of the department in which the
Coast Guard is operating;
(B) the Administrator of the Environmental
Protection Agency;
(C) the Attorney General;
(D) the Secretary of State;
(E) the Chairman of the Regional Fishery Management
Council under the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) having
authority over waters in which would occur the
activities for which the permit is sought;
(F) the Secretary of Defense; and
(G) the Governor of each State that--
(i) would be affected by activities for
which the permit is sought; and
(ii) has an approved coastal zone
management program under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et
seq.).
(2) Certification of compliance.--Subject to paragraph (4),
not later than 120 days after receiving a copy of a permit
application transmitted under paragraph (1) of the official
shall certify to the Secretary whether or not the activities to
be conducted under the permit would comply with laws
administered by the official.
(3) Transmittal of reasons for noncompliance and permit
conditions.--If an official certifies under paragraph (1) that
activities to be conducted under a permit is sought would not
comply with a law--
(A) the official shall transmit to the Secretary
the reasons for that noncompliance and any permit
conditions that would ensure compliance; and
(B) the Secretary shall establish those conditions
in any permit for the activity issued under this
section.
(4) Extension of time for certification.--An official may
request, in writing, that the Secretary extend by not more than
60 days the period for making certifications under paragraph
(2). The Secretary may grant the extension for good cause
shown.
(f) Permit Revocation or Surrender.--
(1) Revocation.--The Secretary may revoke any permit issued
under this section if the permittee is found to be in violation
of any term of the permit, this section, or any regulation
promulgated pursuant to this section.
(2) Surrender.--A permitee may surrender a permit under
this section to the Secretary at any time, subject to any
safeguards or conditions established by the Secretary.
(g) Permit Renewal and Transfer.--A permit under this section may
be renewed or transferred in accordance with the procedures and
requirements applicable to the issuance of a new permit. The term of a
permit, upon renewal, shall not exceed 10 years.
(h) Fees.--The Secretary shall assess permit fees to cover the cost
of administering the program authorized by this section.
(i) Civil Penalty.--The Secretary may assess a civil penalty of not
more than $100,000 for each violation of a permit under this section.
(j) Promulgation of Regulations.--The Secretary shall promulgate
regulations necessary to carry out this section.
(k) Environmental Standards.--
(1) Establishment.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
issue regulations which establish minimum environmental
standards with respect to offshore marine aquaculture
facilities. Such standards shall be designed to minimize the
potential for inadvertent impacts on the marine environment
from such facilities, and shall include--
(A) safeguards to prevent escape of marine
organisms from the facility and the intermingling of
those organisms with wild stocks;
(B) safeguards to prevent transmission of disease
to wild stocks; and
(C)--safeguards to minimize degradation of the
marine environment where the facility is located and
the surrounding vicinity.
(2) Inclusion of permit terms.--The standards established
under paragraph (1) shall be treated as part of the terms of
each permit issued under this section.
(l) Definitions.--For the purposes of this section:
(1) Offshore marine aquaculture facility.--The term
``offshore marine aquaculture facility'' means any commercial
facility which is located in whole or in part in waters beyond
State jurisdiction within the territorial sea or the exclusive
economic zone of the United States, the purpose of which is to
raise, breed, grow, harvest, or sell any marine or estuarine
organism.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Oceans and Atmosphere.
(3) Person.--The term ``person'' means a citizen of the
United States.
SEC. 5. THE NANTUCKET PROGRAM.
(a) Establishment of Program.--There is established within the
National Oceanic and Atmospheric Administration a marine aquaculture
development program to be known as the Nantucket Program (in this
section referred to as the ``Program''). The purpose of the Program is
to expand coastal economic opportunities through activities that
provide job training, technical assistance, and employment
opportunities in marine aquaculture, transplant, and relay operations.
(b) Grants.--
(1) In general.--Subject to the availability of
appropriations, the Secretary of Commerce (in this section
referred to as the ``Secretary'') shall provide grants under
the Program to eligible coastal communities to develop marine
aquaculture training and support activities that contribute to
achieving the purpose of the Program set forth in subsection
(a).
(2) Grant eligibility.--A coastal community shall be an
eligible coastal community under paragraph (1) if the Secretary
determines that the community meets the criteria issued under
paragraph (3).
(3) Eligibility criteria.--The Secretary shall issue
guidelines and criteria for determining whether a coastal
community is an eligible coastal community under paragraph (1).
(c) Authorization of Appropriations.--For grants under subsection
(b) there are authorized to be appropriated to the Secretary $2,000,000
for each of fiscal years 1995, 1996, and 1997.
SEC. 6. MULTISPECIES AQUACULTURE CENTER.
(a) Establishment of Center.--The Secretary of Commerce may
establish in southern New Jersey, a Multispecies Aquaculture Center (in
this section referred to as the ``Center'').
(b) Functions of Center.--The Center shall promote the development
of the aquaculture industry through a variety of activities, including
by--
(1) serving as a demonstration facility for technology
transfer and the commercialization of aquaculture research; and
(2) providing extension services to aquaculture producers,
including with respect to production diversification, disease
control, water quality maintenance, and product marketing.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for establishment and
operation of the Center $4,500,000 for fiscal years 1995, 1996, and
1997.
HR 4853 IH----2
|
Marine Aquaculture Enhancement Act of 1994 - Amends the National Sea Grant College Program Act to include a marine aquaculture research, development, and technology transfer program. Directs the Secretary of Commerce to make grants, enter into contracts, and engage in specified other activities under such program to further research, development, education, and technology transfer in marine aquaculture and accelerate the development, growth, and commercialization of the domestic marine aquaculture industry.
Specifies that the Program shall include research, development, technology transfer, education, and marine advisory programs that address specified issues, such as the application of marine biotechnology to aquaculture.
Directs the Secretary to maintain within the Marine Advisory Service the capability to transfer relevant technologies and information to such industry.
Sets forth provisions regarding: (1) administration; and (2) grants and contracts, including funding.
Requires the Director to estalish advisory committees and review panels and provide them with copies of appropriate grant and contract application evaluations prepared by directors of sea grant colleges.
Authorizes appropriations.
Amends the Coastal Zone Management Act of 1972 to include among authorized objectives of: (1) coastal resource improvement grants, the development of a coordinated process among State agencies to regulate and issue permits for aquaculture facilities in the coastal zone; and (2) coastal zone enhancement grants, the adoption of procedures and policies to evaluate and facilitate the siting of public and private aquaculture facilities in the coastal zone which will enable States to formulate, administer, and implement strategic plans for marine aquaculture.
Prohibits owning, contructing, or operating an offshore marine aquaculture facility except as authorized by permit. Authorizes the Secretary to issue, amend, renew, or transfer permits. Sets the term of a permit at ten years. Sets forth provisions regarding permit prerequisites, public and agency notice and comment, certification of compliance, permit revocation, surrender, renewal, and transfer, fees, civil penalties, and related issues.
Directs the Secretary to establish minimum environmental standards for offshore marine aquaculture facilities designed to minimize the potential for inadvertent impacts on the marine environment, including specified safeguards.
Establishes within the National Oceanic and Atmospheric Administration a marine aquaculture development program, the Nantucket Program, to expand coastal economic opportunities. Directs the Secretary to provide grants under such Program to eligible coastal communities to develop marine aquaculture training and support activities. Authorizes appropriations.
Authorizes the Secretary to establish in southern New Jersey a Multispecies Aquaculture Center. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Marine Aquaculture Enhancement Act of 1994"}
| 3,540 | 541 | 0.702591 | 2.223068 | 0.777573 | 4.370293 | 6.864017 | 0.910042 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grant's Tomb National Monument
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) Ulysses S. Grant has been heralded as a national hero
by his contemporaries and by generations thereafter;
(2) Ulysses S. Grant led the Union army to victory,
bringing to an end the Civil War in 1865, assuring the
preservation of the United States of America, and resulting in
the emancipation of American slaves;
(3) Ulysses S. Grant served as the 18th President of the
United States from 1869 through 1877;
(4) Ulysses S. Grant demonstrated his commitment to
maintaining the rights of freed slaves by executing his
authority as Commander in Chief to command Federal troops to
protect the rights and freedoms of former slaves; and
(5) Ulysses S. Grant demonstrated his commitment to
rebuilding the Nation and restoring unity among the American
people.
(b) Purposes.--The purposes of this Act are--
(1) to recognize and pay tribute to Ulysses S. Grant, both
as a general and as the President of the United States;
(2) to restore, complete, and preserve in perpetuity the
Grant's Tomb National Monument and surrounding areas which are
of National historical significance in a manner consistent with
the existing architectural, historical, and educational value
of the monument's original design and purpose; and
(3) to educate present and future generations about the
life of Ulysses S. Grant and his contributions to the United
States.
SEC. 3. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB
NATIONAL MONUMENT.
(a) Redesignation.--General Grant National Memorial, located at
Riverside Drive and West One Hundred and Twenty-Second Street in New
York, New York, is hereby redesignated as Grant's Tomb National
Monument (hereafter in this Act referred to as the ``monument'').
(b) Area Included.--The monument shall consist of the tomb of
Ulysses S. Grant and the surrounding plaza area, as generally depicted
on the map entitled ``Grant's Tomb National Monument'' and dated April
27, 1994. The map shall be on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior.
(c) Administration.--The Secretary of the Interior (hereafter in
this Act referred to as the ``Secretary'') shall administer, repair,
restore, preserve, maintain, and promote the monument in accordance
with this Act and with the provisions of law generally applicable to
units of the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4).
(d) Visitors Center.--(1) The Secretary shall design and construct
a visitors center (including public restrooms) at the monument to aid
in the interpretation and maintain the historical significance of the
monument.
(2) The visitors center shall--
(A) be established in consultation with the study
commission established under section 5; and
(B) be designed in a manner which is consistent with the
existing architectural and historical intent of the site and
which does not detract from the historical interpretation and
the scenic views of the monument and the existing park area.
SEC. 4. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT.
(a) Acquisition.--The Secretary shall acquire from the city of New
York non-Federal lands located within the boundaries of the monument as
depicted on the map referred to in section 3(b) by donation, purchase
with donated or appropriated funds, or exchange.
(b) Lease or Cooperative Management Agreement.--The Secretary may
lease non-Federal lands located within the boundary of the monument or
enter into a cooperative agreement for the management of such lands to
carry out the purposes of this Act.
SEC. 5. STUDY COMMISSION.
(a) Establishment.--(1) The Secretary shall establish a study
commission of seven persons within 60 days after the date of enactment
of this Act which shall be composed of the president and at least three
members of the executive committee of the Grant Monument Association,
representatives of the community surrounding the monument, and citizens
with a unique knowledge or expertise relating to the monument. No
officer or employee of the Federal, State, or local government is
eligible for membership on the study commission.
(2) Members of the study commission shall serve without pay.
(3) The members of the study commission shall designate a chair of
the study commission.
(4) Upon request of the study commission, the Secretary shall
furnish on a reimbursable basis such administrative support services
(including staff, supplies, and facilities) as necessary for the study
commission to carry out its responsibilities under this Act.
(b) Duties.--The study commission shall review security and
maintenance at the monument, as well as plan for interpretive programs
and for the complete restoration of the monument, and within 180 days
after the date of their first meeting, submit a written report
regarding their study to the Secretary. The report shall include
proposed measures to improve security, maintenance, and interpretive
programs, including such improvements as may be required to be carried
out by April 27, 1999, which shall be based on the original plans of
the architect of the tomb, John H. Duncan, and the plans of architect
John Russell Pope, approved in 1928 by the Grant Monument Association.
The report shall also include an estimate of the capital costs and
general operating costs of implementing these proposed measures.
Following the submission of the report to the Secretary, the study
commission shall monitor the progress of the repairs being made to the
Tomb, and shall, until the study commission's termination as provided
herein, submit reports to the Secretary and the Congress on the
progress of such repairs as the commission deems necessary.
(c) Final Plan.--Not later than 90 days after the date on which the
report is submitted to the Secretary under subsection (b), the
Secretary shall review and evaluate the report and submit to the
Congress a final plan for the projects at the monument to be fully
completed by April 27, 1999. Unless the Secretary reports to the
Congress that specific aspects of the study commission's report are
unreasonable; inconsistent with the existing architectural, historical,
and educational intent of the site; detract from, distort, or otherwise
compromise the historical interpretation or scenic views of the
monument; or conflict with the purpose of this Act as described in
section 2(b), such final plan shall be entirely consistent with the
study commission's report. The final plan shall contain designs for the
site which are consistent with the existing architectural and
historical intent of the site and do not detract from or distort the
historical interpretation or scenic views of the monument and the
existing park area.
(d) Meetings.--All meetings of the study commission shall be open
to the public. Interested persons may attend such meetings, appear
before the study commissions, or file statements related to the
purposes of this Act with the study commission.
(e) Termination; FACA.--(1) The study commission shall terminate no
later than three years after the date that it is established.
(2) The provisions of the Federal Advisory Committee Act (5 U.S.C.
Appendix; 86 Stat. 776), shall not apply to the study commission.
SEC. 6. HONOR GUARD.
The Secretary of the Interior in coordination with the Secretary of
Defense, acting through the Secretary of the Army, shall provide no
less than three military guards who shall protect the monument and the
site on a twenty-four hour basis every day in perpetuity, beginning no
later than the start of implementation of the final plan referred to in
section 5(c).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act.
|
Grant's Tomb National Monument Act - Redesignates General Grant National Memorial located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Monument. Directs the Secretary of the Interior to: (1) maintain and promote the Monument in accordance with provisions applicable to units of the National Park System; (2) construct a visitors center; and (3) acquire from New York City non-Federal lands located within Monument boundaries.
Requires the Secretary to establish a study commission to: (1) review security and maintenance at the Monument; (2) plan for interpretive programs and the complete restoration of the Monument; and (3) report to the Secretary, who must report to the Congress a final plan for projects to be fully completed by April 27, 1999. Directs the Secretary, in coordination with the Secretary of the Defense and acting through the Secretary of the Army, to provide at least three military guards to protect the Monument and the site.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Grant's Tomb National Monument Act"}
| 1,788 | 210 | 0.631801 | 1.754456 | 0.714917 | 3.572864 | 8.221106 | 0.939698 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-
China Market Engagement and Export Promotion Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--PROGRAMS OF THE DEPARTMENT OF COMMERCE
Sec. 101. Grants to States to establish and operate offices to promote
exports to China.
Sec. 102. Program to establish China market advocate positions in
United States Export Assistance Centers.
Sec. 103. Assistance to small- and medium-sized businesses for trade
missions to China.
Sec. 104. Plan to consolidate fees for Gold Key matching services in
China.
TITLE II--PROGRAMS OF THE SMALL BUSINESS ADMINISTRATION
Sec. 201. Trade outreach at the Office of International Trade of the
Small Business Administration.
Sec. 202. Grants for Chinese business education programs.
TITLE I--PROGRAMS OF THE DEPARTMENT OF COMMERCE
SEC. 101. GRANTS TO STATES TO ESTABLISH AND OPERATE OFFICES TO PROMOTE
EXPORTS TO CHINA.
(a) Grants.--The Secretary of Commerce, acting through the
Assistant Secretary for Trade Promotion and Director of the United
States and Foreign Commercial Service, shall provide grants to States
to establish and operate State offices in the People's Republic of
China to provide assistance to United States exporters for the
promotion of exports to China, with a particular focus on establishment
of offices in locations in addition to Beijing and Shanghai.
(b) Amount.--The amount of a grant under subsection (a) shall not
exceed 33 percent of the total costs to establish and operate a State
office described in such subsection.
(c) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Commerce shall promulgate such
regulations as may be necessary to carry out this section.
(d) Definitions.--In this section:
(1) State.--The term ``State'' has the meaning given the
term in section 2301(j)(5) of the Export Enhancement Act of
1988 (15 U.S.C. 4721(j)(5)).
(2) United states exporter.--The term ``United States
exporter'' has the meaning given the term in section 2301(j)(3)
of the Export Enhancement Act of 1988 (15 U.S.C. 4721(j)(3)).
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Commerce $10,000,000 for each of the fiscal
years 2008 through 2012 to carry out this section.
(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) shall
remain available until expended.
SEC. 102. PROGRAM TO ESTABLISH CHINA MARKET ADVOCATE POSITIONS IN
UNITED STATES EXPORT ASSISTANCE CENTERS.
(a) Program Authorized.--The Secretary of Commerce, in the
Secretary's role as chairperson of the Trade Promotion Coordinating
Committee, shall establish a program to provide comprehensive
assistance to small- and medium-sized businesses in the United States
for purposes of facilitating exports to China.
(b) China Market Advocates.--
(1) Positions authorized.--
(A) In general.--The Secretary of Commerce shall
create not fewer than 50 China market advocate
positions in United States Export Assistance Centers.
(B) Appointment and training.--The China market
advocates authorized under subparagraph (A) shall be
appointed by the Secretary from among individuals with
expertise in matters relating to trade with China and
shall receive the training authorized under paragraph
(2).
(C) Rate of pay.--China market advocates shall be
paid at a rate equal to the rate of basic pay for
grades GS-10 through GS-13 of the General Schedule
under section 5332 of title 5, United States Code.
(D) Geographic distribution.--To the maximum extent
practicable, China market advocates shall be assigned
to United States Export Assistance Centers in a manner
that achieves an equitable geographic distribution of
China market advocates among United States Export
Assistance Centers.
(2) Training authorized.--The Secretary shall provide
training to China market advocates in the business culture of
China, the market of China, and the evolving political,
cultural, and economic environment in China.
(c) Services Provided by Advocates.--China market advocates
authorized under subsection (b) shall provide comprehensive assistance
to small- and medium-sized businesses in the United States for purposes
of facilitating exports of United States goods to China. Such
assistance may include--
(1) assistance to find and utilize Federal and private
resources to facilitate entering into the market of China;
(2) continuous direct and personal contact with businesses
that have entered the market of China;
(3) assistance to resolve disputes with the Government of
the United States or China relating to intellectual property
rights violations, export restrictions, and additional trade
barriers; and
(4) to the extent practicable, locating and recruiting
businesses to enter the market of China.
(d) Advertising of Program.--The Secretary of Commerce shall make
available to the public through advertising and other appropriate
methods information about services offered by China market advocates
under the program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce to carry out this section
$15,000,000 for each of the fiscal years 2008 through 2012, of which--
(1) $5,000,000 are authorized to be appropriated to carry
out subsection (b)(2); and
(2) $2,000,000 are authorized to be appropriated to carry
out subsection (d).
SEC. 103. ASSISTANCE TO SMALL- AND MEDIUM-SIZED BUSINESSES FOR TRADE
MISSIONS TO CHINA.
(a) Assistance Authorized.--The Secretary of Commerce, in the
Secretary's role as chairperson of the Trade Promotion Coordinating
Committee, shall provide assistance through United States Export
Assistance Centers to eligible small- and medium-sized businesses in
the United States for business-related expenses for trade missions to
China.
(b) Selection Process.--The Secretary of Commerce shall--
(1) develop a transparent and competitive scoring system
for selection of small- and medium-sized businesses to receive
assistance authorized under subsection (a) that focuses on the
feasibility of exporting goods and services to China; and
(2) develop specific criteria for a definition of
``business-related expenses'', as the term is used in
subsection (a), that is compatible with best business
practices.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $2,000,000 for each of the
fiscal years 2008 through 2012 to carry out this section.
SEC. 104. PLAN TO CONSOLIDATE FEES FOR GOLD KEY MATCHING SERVICES IN
CHINA.
(a) Plan Required.--As soon as is practicable after the date of the
enactment of this Act, the Secretary of Commerce, acting through the
Assistant Secretary for Trade Promotion and Director of the United
States and Foreign Commercial Service, shall submit to Congress a plan
to consolidate fees charged by the Department of Commerce for Gold Key
matching services provided to small- and medium-sized businesses that
export goods or services produced in the United States to more than one
market in China.
(b) Gold Key Matching Services Defined.--In this section, the term
``Gold Key matching services'' means the Gold Key Service program of
the Department of Commerce and includes--
(1) the arrangement of business meetings with pre-screened
contacts, representatives, distributors, professional
associations, government contacts, or licensing or joint
venture partners in a foreign country;
(2) customized market and industry briefings with trade
specialists of the Department of Commerce;
(3) timely and relevant market research;
(4) appointments with prospective trade partners in key
industry sectors;
(5) post-meeting debriefing with trade specialists of the
Department of Commerce and assistance in developing appropriate
follow-up strategies; and
(6) assistance with travel, accommodations, interpreter
service, and clerical support.
TITLE II--PROGRAMS OF THE SMALL BUSINESS ADMINISTRATION
SEC. 201. TRADE OUTREACH AT THE OFFICE OF INTERNATIONAL TRADE OF THE
SMALL BUSINESS ADMINISTRATION.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by
adding at the end the following new subsections:
``(h) Promotion of Exports to China.--The Office shall provide
strategic guidance to small business concerns with respect to exporting
goods and services to China.
``(i) Director of China Program Grants.--
``(1) In general.--There shall be in the Office a Director
of China Program Grants (in this subsection referred to as the
`Director').
``(2) Appointment.--The Director shall be appointed by the
Administrator and shall be an individual with demonstrated
successful experience in matters relating to international
trade and administering government contracts.
``(3) Rate of pay.--The Director shall be paid at a rate
equal to or greater than the rate of basic pay for grade GS-14
of the General Schedule under section 5332 of title 5, United
States Code.
``(4) Duties.--The Director shall be responsible for
administering the grant program authorized under section 202 of
the United States-China Market Engagement and Export Promotion
Act (relating to Chinese business education programs) and any
other similar or related program of the Office.''.
SEC. 202. GRANTS FOR CHINESE BUSINESS EDUCATION PROGRAMS.
(a) Grants Authorized.--The Administrator of the Small Business
Administration, acting through the Director of China Program Grants in
the Office of International Trade, shall make grants to institutions of
higher education, or combinations of such institutions, to pay the
Federal share of the cost of planning, establishing, and operating
education programs described in subsection (b) to--
(1) develop and enhance student skills, awareness, and
expertise relating to business in China; and
(2) prepare students to promote the competitiveness of and
opportunities for United States small business concerns in
China.
(b) Education Programs Described.--Education programs described in
this subsection are academic programs of study relating to business in
China, including undergraduate and graduate level degrees, courses, or
seminars on--
(1) the economy of China;
(2) trade and commerce in China;
(3) new and expanding export opportunities for United
States small business concerns in China; and
(4) the economic, commerce, and trade relations between the
United States and China.
(c) Application.--A small business concern desiring a grant under
this section shall submit an application at such time, in such manner,
and containing such information as the Director of China Program Grants
may require.
(d) Duration of Grants.--A grant under this section shall be for an
initial period not to exceed 2 years. The Director of China Program
Grants may renew such grant for additional 2-year periods.
(e) Federal Share.--
(1) Federal share.--The Federal share of the cost of an
education program described in subsection (b) shall not exceed
50 percent of the cost of such program.
(2) Non-federal share.--The non-Federal share of the cost
of an education program described in subsection (b) may be
provided either in cash or in kind.
(f) Definition.--In this section, the term ``institution of higher
education'' has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
|
United States-China Market Engagement and Export Promotion Act - Directs the Secretary of Commerce to: (1) provide grants to states to establish and operate state offices in the People's Republic of China (PRC) to promote U.S. exports to PRC; (2) establish a program to create China market advocate positions in United States Export Assistance Centers in order to provide assistance to small- and medium-sized U.S. businesses in the export U.S. goods to PRC, including assistance for business-related expenses for trade missions to PRC; and (3) submit to Congress a plan to consolidate fees for Gold Key matching services provided to such U.S. businesses that export U.S. goods or services to more than one market in PRC.
Amends the Small Business Act to require the Office of International Trade of the Small Business Administration (SBA) to provide guidance to U.S. small businesses with respect to the export of U.S. goods and services to PRC. Establishes in the Office a Director of China Program Grants.
Directs the Administrator of SBA, acting through the Director of China Program Grants, to make grants to institutions of higher education to establish and operate Chinese business education programs.
|
{"src": "billsum_train", "title": "To authorize assistance to small- and medium-sized businesses to promote exports to the People's Republic of China, and for other purposes."}
| 2,576 | 260 | 0.676601 | 1.814577 | 0.791577 | 4.466063 | 10.461538 | 0.909502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildland Firefighter Retirement and
Disability Compensation Benefits Act of 2016''.
SEC. 2. CIVIL SERVICE RETENTION RIGHTS.
Section 8151 of title 5, United States Code, is amended by striking
subsection (b) and inserting the following:
``(b) Regulations.--
``(1) Definitions.--In this subsection--
``(A) the term `covered employee' means an employee
who--
``(i) held a position with the Forest
Service or the Department of the Interior as a
wildland firefighter; and
``(ii) sustained an injury while in the
performance of duty, as determined by the
Director of the Office of Personnel Management,
that prevents the employee from performing the
physical duties of a firefighter;
``(B) `equivalent position' includes a position for
a covered employee that allows the covered employee
to--
``(i) receive the same retirement benefits
under subchapter III of chapter 83 or chapter
84 that the covered employee would receive in
the former position had the covered employee
not been injured or disabled; and
``(ii) does not require the covered
employee to complete any more years of service
that the covered employee would be required to
complete to receive the benefits described in
clause (i) had the covered employee not been
injured or disabled; and
``(C) the term `firefighter' has the meaning given
the term in section 8331.
``(2) Regulations.--Under regulations issued by the Office
of Personnel Management--
``(A) the department or agency which was the last
employer shall immediately and unconditionally accord
the employee, if the injury or disability has been
overcome within 1 year after the date of commencement
of compensation or from the time compensable disability
recurs if the recurrence begins after the injured
employee resumes regular full-time employment with the
United States, the right to resume the former or an
equivalent position of the employee, as well as all
other attendant rights which the employee would have
had, or acquired, in the former position of the
employee had the employee not been injured or disabled,
including the rights to tenure, promotion, and
safeguards in reductions-in-force procedures;
``(B) the department or agency which was the last
employer shall, if the injury or disability is overcome
within a period of more than 1 year after the date of
commencement of compensation, make all reasonable
efforts to place, and accord priority to placing, the
employee in the former or equivalent position of the
employee within such department or agency, or within
any other department or agency; and
``(C) a covered employee who was injured during the
20-year period ending on the date of enactment of the
Wildland Firefighter Retirement and Disability
Compensation Benefits Act of 2016 may not receive the
same retirement benefits described in paragraph
(1)(B)(ii) unless the covered employee first makes a
payment to the Forest Service or the Department of the
Interior, as applicable, equal to the amount that would
have been deducted from pay under section 8334 or 8442,
as applicable, had the covered employee not been
injured or disabled.''.
SEC. 3. COMPUTATION OF PAY.
(a) In General.--Section 8114 of title 5, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Overtime.--
``(1) Definitions.--In this subsection, the term `covered
overtime pay' means pay received by an employee who holds a
position with the Forest Service or the Department of the
Interior as a wildland firefighter while engaged in wildland
fire suppression activity.
``(2) Overtime.--The value of subsistence and quarters, and
of any other form of remuneration in kind for services if its
value can be estimated in money, and covered overtime pay and
premium pay under section 5545(c)(1) of this title are included
as part of the pay, but account is not taken of--
``(A) overtime pay;
``(B) additional pay or allowance authorized
outside the United States because of differential in
cost of living or other special circumstances; or
``(C) bonus or premium pay for extraordinary
service including bonus or pay for particularly
hazardous service in time of war.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2016.
|
Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016 This bill allows wildland firefighters of the Forest Service or the Department of the Interior who sustained injuries in the performance of their duty that prevent them from performing the physical duties of a firefighter, but who commence an equivalent federal position after receiving compensation for their work injuries, to retain the same retirement benefits under the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS) that they would have received in their former position had they not been injured or disabled, without requiring them to complete any more years of service than they would have otherwise been required to complete. Such a federal firefighter injured during the 20-year period before enactment of this bill may not receive such retirement benefits without a requirement to complete more years of service unless they first pay the Forest Service or Interior an amount equal to the amount that would have been deducted from their pay under CSRS or FERS had they not been injured or disabled. The monetary compensation for disability or death of Forest Service and Interior wildland firefighters that is computed based on monthly pay must include overtime pay received for wildfire suppression activity.
|
{"src": "billsum_train", "title": "Wildland Firefighter Retirement and Disability Compensation Benefits Act of 2016"}
| 994 | 252 | 0.573027 | 1.739882 | 0.947385 | 2.360731 | 4.246575 | 0.789954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jackie Robinson Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the 50th anniversary of
the breaking of the color barrier in major league baseball by Jackie
Robinson and the legacy that Jackie Robinson left to society, the
Secretary of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue not more than 500,000 $1 coins,
each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of Jackie Robinson and his
contributions to major league baseball and to society.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Jackie Robinson Foundation (hereafter in this Act referred to
as the ``Foundation'') and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on April 15, 1997, and
ending on April 15, 1998.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 10(a), all surcharges received
by the Secretary from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the Foundation for the purposes of--
(1) enhancing the programs of the Foundation in the fields
of education and youth leadership skills development; and
(2) increasing the availability of scholarships for
economically disadvantaged youths.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Foundation as may be related to the expenditures of amounts
paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board.
SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES.
(a) Payment of Surcharges.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge imposed on
the sale of coins issued under this Act shall be paid to the Foundation
unless--
(1) all numismatic operation and program costs allocable to
the program under which such coins are produced and sold have
been recovered; and
(2) the Foundation submits an audited financial statement
which demonstrates to the satisfaction of the Secretary of the
Treasury that, with respect to all projects or purposes for
which the proceeds of such surcharge may be used, the
Foundation has raised funds from private sources for such
projects and purposes in an amount which is equal to or greater
than the maximum amount the Foundation may receive from the
proceeds of such surcharge.
(b) Annual Audits.--
(1) Annual audits of recipients required.--The Foundation
shall provide, as a condition for receiving any amount derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, for an annual audit, in accordance with
generally accepted government auditing standards by an
independent public accountant selected by the Foundation, of
all such payments to the Foundation beginning in the first
fiscal year of the Foundation in which any such amount is
received and continuing until all such amounts received by the
Foundation with respect to such surcharges are fully expended
or placed in trust.
(2) Minimum requirements for annual audits.--At a minimum,
each audit of the Foundation pursuant to paragraph (1) shall
report--
(A) the amount of payments received by the
Foundation during the fiscal year of the Foundation for
which the audit is conducted which are derived from the
proceeds of any surcharge imposed on the sale of coins
issued under this Act;
(B) the amount expended by the Foundation from the
proceeds of such surcharges during the fiscal year of
the Foundation for which the audit is conducted; and
(C) whether all expenditures by the Foundation from
the proceeds of such surcharges during the fiscal year
of the Foundation for which the audit is conducted were
for authorized purposes.
(3) Responsibility of foundation to account for
expenditures of surcharges.--The Foundation shall take
appropriate steps, as a condition for receiving any payment of
any amount derived from the proceeds of any surcharge imposed
on the sale of coins issued under this Act, to ensure that the
receipt of the payment and the expenditure of the proceeds of
such surcharge by the Foundation in each fiscal year of the
Foundation can be accounted for separately from all other
revenues and expenditures of the Foundation.
(4) Submission of audit report.--Not later than 90 days
after the end of any fiscal year of the Foundation for which an
audit is required under paragraph (1), the Foundation shall--
(A) submit a copy of the report to the Secretary of
the Treasury; and
(B) make a copy of the report available to the
public.
(5) Use of surcharges for audits.--The Foundation may use
any amount received from payments derived from the proceeds of
any surcharge imposed on the sale of coins issued under this
Act to pay the cost of an audit required under paragraph (1).
(6) Waiver of subsection.--The Secretary of the Treasury
may waive the application of any paragraph of this subsection
to the Foundation for any fiscal year after taking into account
the amount of surcharges which such Foundation received or
expended during such year.
(7) Availability of books and records.--The Foundation
shall provide, as a condition for receiving any payment derived
from the proceeds of any surcharge imposed on the sale of coins
issued under this Act, to the Inspector General of the
Department of the Treasury or the Comptroller General of the
United States, upon the request of such Inspector General or
the Comptroller General, all books, records, and workpapers
belonging to or used by the Foundation, or by any independent
public accountant who audited the Foundation in accordance with
paragraph (1), which may relate to the receipt or expenditure
of any such amount by the Foundation.
(c) Use of Agents or Attorneys to Influence Commemorative Coin
Legislation.--No portion of any payment to the Foundation from amounts
derived from the proceeds of surcharges imposed on the sale of coins
issued under this Act may be used, directly or indirectly, by the
Foundation to compensate any agent or attorney for services rendered to
support or influence in any way legislative action of the Congress
relating to the coins minted and issued under this Act.
|
Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.
Prescribes conditions for payment of such surcharges, including a proscription against Foundation compensation to any agent or attorney for services rendered to support or influence legislative action of the Congress relating to the coins minted and issued under this Act.
|
{"src": "billsum_train", "title": "Jackie Robinson Commemorative Coin Act"}
| 2,227 | 138 | 0.572772 | 1.591877 | 0.663238 | 4.341463 | 16.585366 | 0.878049 |
to provide for annexing the
Hawaiian Islands to the United States of July 7, 1898 (30 Stat.
750), and which were later transferred to the State of Hawaii
in the Act entitled ``An Act to provide for the admission of
the State of Hawaii into the Union'' approved March 18, 1959
(Public Law 86-3; 73 Stat. 4).
(4) Indigenous, native people.--The term ``indigenous,
native people'' means the lineal descendants of the aboriginal,
indigenous, native people of the United States.
(5) Native hawaiian.--
(A) Prior to the recognition by the United States
of the Native Hawaiian governing entity, the term
``Native Hawaiian'' means all Native Hawaiian people
who were eligible in 1921 for the programs authorized
by the Hawaiian Homes Commission Act (42 Stat. 108,
chapter 42) and their lineal descendants.
(B) Following the recognition by the United States
of the Native Hawaiian governing entity, the term
``Native Hawaiian'' shall have the meaning given to
such term in the organic governing documents of the Native Hawaiian
governing entity.
(6) Native hawaiian governing entity.--The term ``Native
Hawaiian governing entity'' means the sole governing entity
organized by the Native Hawaiian people through a process which
involves the maximum participation of Native Hawaiians.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. UNITED STATES POLICY AND PURPOSE.
(a) Policy.--The United States reaffirms that--
(1) Native Hawaiians are a unique and distinct, indigenous,
native people, with whom the United States has a political and
legal relationship;
(2) the United States has a special responsibility to
promote the welfare of Native Hawaiians;
(3) Congress possesses the authority under the Constitution
to enact legislation to address the conditions of Native
Hawaiians and has exercised this authority through the
enactment of--
(A) the Hawaiian Homes Commission Act, 1920 (42
Stat. 108, chapter 42);
(B) the Act entitled ``An Act to provide for the
admission of the State of Hawaii into the Union'',
approved March 18, 1959 (Public Law 86-3; 73 Stat. 4);
and
(C) more than 150 other Federal laws addressing the
conditions of Native Hawaiians;
(4) Native Hawaiians have--
(A) an inherent right to autonomy in their internal
affairs;
(B) an inherent right of self-determination and
self-governance; and
(C) the right to reorganize a Native Hawaiian
governing entity; and
(5) the United States shall continue to engage in a process
of reconciliation and political relations with the Native
Hawaiian people.
(b) Purpose.--It is the intent of Congress that the purpose of this
Act is to provide a process for the recognition by the United States of
a Native Hawaiian governing entity for purposes of continuing a
government-to-government relationship.
SEC. 4. ESTABLISHMENT OF THE UNITED STATES OFFICE FOR NATIVE HAWAIIAN
RELATIONS.
(a) In General.--There is established within the Office of the
Secretary the United States Office for Native Hawaiian Relations.
(b) Duties of the Office.--The United States Office for Native
Hawaiian Relations shall--
(1) effectuate and coordinate the special political and
legal relationship between the Native Hawaiian people and the
United States, and upon the recognition of the Native Hawaiian
governing entity by the United States, between the Native
Hawaiian governing entity and the United States through the
Secretary, and with all other Federal agencies;
(2) continue the process of reconciliation with the Native
Hawaiian people, and upon the recognition of the Native
Hawaiian governing entity by the United States, continue the
process of reconciliation with the Native Hawaiian governing
entity;
(3) fully integrate the principle and practice of
meaningful, regular, and appropriate consultation with the
Native Hawaiian governing entity by providing timely notice to,
and consulting with the Native Hawaiian people and the Native
Hawaiian governing entity prior to taking any actions that may
have the potential to significantly affect Native Hawaiian
resources, rights, or lands;
(4) consult with other Federal agencies, and with relevant
agencies of the State of Hawaii on policies, practices, and
proposed actions affecting Native Hawaiian resources, rights,
or lands; and
(5) prepare and submit to the Committee on Indian Affairs
and the Committee on Energy and Natural Resources of the
Senate, and the Committee on Resources of the House of
Representatives an annual report detailing the activities that
are undertaken with respect to the continuing process of
reconciliation and to effect meaningful consultation with the
Native Hawaiian governing entity and providing recommendations
for any necessary changes to existing Federal statutes or
regulations promulgated under the authority of Federal law.
SEC. 5. PROCESS FOR THE RECOGNITION OF THE NATIVE HAWAIIAN GOVERNING
ENTITY.
(a) Recognition of Right To Organize.--The right of the Native
Hawaiian people to organize for their common welfare and to adopt
appropriate organic governing documents is hereby recognized by the
United States.
(b) Process.--
(1) Submittal of organic governing documents.--Following
the organization of the Native Hawaiian governing entity, the
adoption of organic governing documents, and the election of
officers of the Native Hawaiian governing entity, the duly
elected officers of the Native Hawaiian governing entity shall
submit the organic governing documents of the Native Hawaiian
governing entity--
(A) to the Secretary; and
(B) to the State of Hawaii for purposes of advising
the State that the Native Hawaiian governing entity has
been reorganized.
(2) Certifications.--
(A) In general.--Within 120 days of the date that
the duly elected officers of the Native Hawaiian
governing entity submit the organic governing documents
to the Secretary, the Secretary shall certify that the
organic governing documents--
(i) establish the criteria for citizenship
in the Native Hawaiian governing entity;
(ii) were adopted through a process that
provided for the maximum participation of
Native Hawaiians;
(iii) provide for the exercise of
governmental authorities by the Native Hawaiian
governing entity;
(iv) provide for the Native Hawaiian
governing entity to negotiate with Federal,
State, and local governments, and other
entities;
(v) prevent the sale, disposition, lease,
or encumbrance of lands, interests in lands, or
other assets of the Native Hawaiian governing
entity without the consent of the Native
Hawaiian governing entity;
(vi) provide for the protection of the
civil rights of the citizens of the Native
Hawaiian governing entity and all persons
subject to the authority of the Native Hawaiian
governing entity, and ensure that the Native
Hawaiian governing entity exercises its
authority consistent with the requirements of
section 202 of the Act of April 11, 1968 (25
U.S.C. 1302); and
(vii) are consistent with applicable
Federal law and the special political and legal
relationship between the United States and the
indigenous native people of the United States.
(B) By the secretary.--Within 120 days of the date
that the duly elected officers of the Native Hawaiian
governing entity submit the organic governing documents
to the Secretary, the Secretary shall certify that the
State of Hawaii supports the recognition of the Native
Hawaiian governing entity by the United States as
evidenced by a resolution or act of the Hawaii State
legislature.
(C) Resubmission in case of noncompliance with
federal law.--
(i) Resubmission by the secretary.--If the
Secretary determines that the organic governing
documents, or any part thereof, are not
consistent with applicable Federal law, the
Secretary shall resubmit the organic governing
documents to the duly elected officers of the
Native Hawaiian governing entity along with a
justification for each of the Secretary's
findings as to why the provisions are not
consistent with such law.
(ii) Amendment and resubmission by the
native hawaiian governing entity.--If the
organic governing documents are resubmitted to
the duly elected officers of the Native
Hawaiian governing entity by the Secretary
under clause (i), the duly elected officers of
the Native Hawaiian governing entity shall--
(I) amend the organic governing
documents to ensure that the documents
comply with applicable Federal law; and
(II) resubmit the amended organic
governing documents to the Secretary
for certification in accordance with
the requirements of this paragraph.
(D) Certifications deemed made.--The certifications
authorized in subparagraph (B) shall be deemed to have
been made if the Secretary has not acted within 180
days of the date that the duly elected officers of the
Native Hawaiian governing entity have submitted or
resubmitted the organic governing documents of the
Native Hawaiian governing entity to the Secretary.
(3) Federal recognition.--Notwithstanding any other
provision of law, upon the election of the officers of the
Native Hawaiian governing entity and the certifications by the
Secretary required under paragraph (1), the United States
hereby extends Federal recognition to the Native Hawaiian
governing entity as the representative governing body of the
Native Hawaiian people.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the activities authorized in this Act.
SEC. 7. REAFFIRMATION OF DELEGATION OF FEDERAL AUTHORITY; NEGOTIATIONS.
(a) Reaffirmation.--The delegation by the United States of
authority to the State of Hawaii to address the conditions of the
indigenous, native people of Hawaii contained in the Act entitled ``An
Act to provide for the admission of the State of Hawaii into the
Union'' approved March 18, 1959 (Public Law 86-3; 73 Stat. 5) is hereby
reaffirmed.
(b) Negotiations.--Upon the Federal recognition of the Native
Hawaiian governing entity by the United States, the United States is
authorized to negotiate and enter into an agreement with the State of
Hawaii and the Native Hawaiian governing entity regarding the transfer
of lands, resources, and assets dedicated to Native Hawaiian use to the
Native Hawaiian governing entity. Nothing in this Act is intended to
serve as a settlement of any claims against the United States.
SEC. 8. APPLICABILITY OF CERTAIN FEDERAL LAWS.
(a) Indian Gaming Regulatory Act.--Nothing contained in this Act
shall be construed as an authorization for the Native Hawaiian
governing entity to conduct gaming activities under the authority of
the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(b) Ineligibility for Indian Programs.--Nothing contained in this
Act shall be construed as an authorization for eligibility to
participate in any programs and services provided by the Bureau of
Indian Affairs or the Indian Health Service for any persons not
otherwise eligible for such programs or services.
SEC. 9. ETHICS.
The provisions of section 208(a) of title 18, United States Code,
prohibiting involvement by a Federal Government officer or employee in
particular matters where the officer or employee or his or her spouse
or minor child has a financial interest shall not apply to Native
Hawaiians employed by the United States Office for Native Hawaiian
Relations if the financial interest that would be affected by the
particular matter involved is that resulting solely from the interest
of the officer or employee or his or her spouse or minor child that
results from his or her status as a Native Hawaiian.
SEC. 10. SEVERABILITY.
In the event that any section or provision of this Act is held
invalid, it is the intent of Congress that the remaining sections or
provisions of this Act shall continue in full force and effect.
|
Establishes the U.S. Office for Native Hawaiian Relations (Office) within the Office of the Secretary of the Interior.Recognizes the right of the Native Hawaiian people to adopt organic governing documents. Provides that following the organization and election of a Native Hawaiian government and the adoption of such documents, the duly elected Native Hawaiian government shall submit those documents to the Secretary and to the State of Hawaii for purposes of advising the State that such government has been reorganized. Extends Federal recognition to the Native Hawaiian government as the representative governing body of the Native Hawaiian people upon election of officers and certification by the Secretary.Permits the United States, upon Federal recognition of the Native Hawaiian government, to enter into an agreement with Hawaii and such government regarding the transfer of lands, resources, and assets dedicated to Native Hawaiian use.
|
{"src": "billsum_train", "title": "A bill expressing the policy of the United States regarding the United States relationship with Native Hawaiians and to provide a process for the recognition by the United States of the Native Hawaiian governing entity, and of other purposes."}
| 2,537 | 178 | 0.64459 | 1.583871 | 0.597925 | 4.012987 | 15.246753 | 0.961039 |
SECTION 1. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 121 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(d)(1)--
(1) by striking ``and the Director of the United States
Information Agency'' and inserting ``, the Director of the United
States Information Agency, or the Administrator of the Agency for
International Development''; and
(2) by striking ``or the United States Information Agency'' and
inserting ``, the United States Information Agency, or the Agency
for International Development''.
(b) The Act entitled ``An Act to regulate the issue and validity of
passports, and for other purposes'', approved July 3, 1926 (44 Stat.
887, 22 U.S.C. 211a) as amended by section 127(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 is amended--
(1) by striking ``other employees'' and inserting ``such other
employees''; and
(2) by striking ``United States,'' and inserting ``United
States''.
(c) Section 139 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (20)
by striking ``2349aa'' and inserting ``4858(b)''.
(d) Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(c)(2) by striking ``serious loss of life or property'' and inserting
``serious injury, loss of life, or significant destruction of
property''.
(e) Section 142(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in paragraph (2) by striking ``not,'' and inserting
``not''; and
(2) in paragraph (3) by striking ``because'' and inserting
``because,''.
(f)(1) Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2662) as amended by section 161(a) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended in subsection (a)(2) by inserting ``and the Deputy
Secretary of State'' after ``Secretary''.
(2) Section 161 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b)
by striking ``133'' and inserting ``162''.
(3) Section 161 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(f)(2)--
(A) by striking ``the principal duty of negotiations for'';
(B) in subparagraph (A) by striking ``Increased''; and
inserting ``The principal duty of negotiating increased''; and
(C) in subparagraph (B) by striking ``Recoupment'' and
inserting ``In consultation with the Department of Defense, assist
in negotiations with the host governments for the recoupment''.
(4)(A) The Omnibus Diplomatic Security and Antiterrorism Act of
1986 (22 U.S.C. 4801 et seq.) as amended by section 162(g) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 102-236) is amended--
(i) in section 103(a)(2)(B)(i) by striking ``operations'' and
inserting ``operation''; and
(ii) in the table of contents--
(I) by striking the item relating to section 104;
(II) by striking the item relating to section 105;
(III) by striking the item relating to title II and
inserting the following:
``TITLE II--PERSONNEL'';
(IV) by striking the item relating to section 201 and
inserting the following:
``Sec. 201. Diplomatic Security Service.'';
and
(V) by striking the item relating to section 203 and
inserting the following:
``Sec. 203. Special agents.''.
(B) Section 162 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (q)
by striking ``2655'' and inserting ``2655a''.
(g) Section 179 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (b)
by striking ``individual holding a career or career candidate
appointment'' and inserting ``individuals holding career or career
candidate appointments''.
(h) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) as
amended by section 180(a) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in section 311--
(A) by striking the section heading and inserting in lieu
thereof:
``Sec. 311. United States Citizens Hired Abroad.--''; and
(B) in subsection (d) by inserting ``by reason of such
employment'' after ``eligible'';
(2) in section 610(a)(2) by inserting ``(other than a United
States citizen employed under section 311 who is not a family
member)'' after ``A member of the Service''; and
(3) in the table of contents by striking the item relating to
section 311 and inserting the following:
``Sec. 311. United States citizens hired abroad.''.
(i) Section 181(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking ``system),'' and inserting ``system,''; and
(2) by striking ``that agency'' and inserting ``that agency)''.
(j) Section 182 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)
by striking ``has'' and inserting ``have''.
(k) Part I of title 18, United States Code (as amended by section
506 of Public Law 103-236) is amended in paragraph (1) of section 2340
by striking ``with'' and inserting ``within his''.
(l) Section 564 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection (a)
by striking ``primary or secondary'' and inserting ``secondary or
tertiary''.
(m) Section 217 of the Immigration and Nationality Act (8 U.S.C.
1187) is amended in subsection (f) by striking ``1994'' and inserting
``1995''.
(n) The Secretary of State is authorized to obligate and expend
from the Department of State's ``Diplomatic and Consular Programs''
appropriation not more than $2,500,000 of the amount appropriated in
title XI, chapter 2 of Public Law 102-368 for the purchase of real
property for use by the Department of State for its Miami Regional
Center.
(o) Section 102(g) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by inserting ``the United Nations and its affiliated
agencies in'' after ``appropriated for'';
(2) by striking ``each of the fiscal years 1994 and'' and
inserting ``fiscal year'';
(3) by striking ``unless'' and inserting ``until'';
(4) by striking ``States'' and inserting ``Nations''; and
(5) by striking ``promotes, condones,'' and inserting
``promotes and condones''.
(p) Section 303 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by adding at the
end the following new subsection:
``(c) Voice of America Broadcasts.--The long-range interests of the
United States are served by communicating directly with the peoples of
the world by radio. To be effective, the Voice of America must win the
attention and respect of listeners. These principles will therefore
govern Voice of America (VOA) broadcasts:
``(1) VOA will serve as a consistently reliable and
authoritative source of news. VOA news will be accurate, objective,
and comprehensive.
``(2) VOA will represent America, not any single segment of
American society, and will therefore present a balanced and
comprehensive projection of significant American thought and
institutions.
``(3) VOA will present the policies of the United States
clearly and effectively, and will also present responsible
discussions and opinion on these policies.''.
(q) Section 701(f)(4) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1476(f)(4)) is amended by
striking ``1993'' and inserting ``1995''.
(r) Section 132 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``or
issuance of a passport'' after ``nationality''.
(s)(1) Section 305(a)(14) of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by
striking ``to'' and inserting ``of''.
(2) Section 309(d)(1)(B) of such Act is amended by inserting ``of
all members'' after ``confirmation''.
(t) Section 101(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in
subparagraph (D) by striking ``$400,000 is authorized to be
appropriated for each of the'' and inserting ``$800,000 is authorized
to be appropriated for''.
(u) Section 191(a)(4) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting
before the semicolon ``, the Agency for International Development, and
the United States Information Agency''.
(v) Section 8 of the Eisenhower Exchange Fellowship Act of 1990
(Public Law 101-454) is amended by adding at the end the following:
``Notwithstanding section 555 of Public Law 100-461 and title III of S.
2757 as reported by the Senate Committee on Foreign Relations on
September 7, 1988 (pursuant to the enactment under section 555 of
Public Law 100-461), the Director of the United States Information
Agency is authorized to administer such au pair programs through fiscal
year 1995 in a manner consistent with the requirements of the Mutual
Educational and Cultural Exchange Act of 1961 and shall promulgate
regulations regarding such au pair programs.''.
(w) The table of contents of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by
striking the item relating to section 534 and inserting the following:
``Sec. 534. Study of democracy effectiveness.''.
(x) Section 101(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended in paragraph
(2)(D) by striking ``title 5'' and inserting ``part D of title V''.
(y) Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021)
is amended by striking the section caption and inserting ``Institution
for Training''.
(z) Section 134 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by inserting ``,
1926'' after ``Act''.
(aa) Section 139 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in paragraph (21),
by striking ``1990 and 1991 (22 U.S.C. 287(e)'' and inserting ``1992
and 1993 (22 U.S.C. 287e note).
(bb) Section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(a)(2), by striking ``subsection (a)'' and inserting ``paragraph (1)''.
(cc) Section 162 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended in subsection
(o)(3)(B), by striking ``paragraph (d)'' and inserting ``subsection
(d)''.
(dd) Section 529 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by striking
``Nuclear Nonproliferation Treaty'' each of the three places it appears
and inserting ``Treaty on the Nonproliferation of Nuclear Weapons''.
(ee) The table of contents of the Immigration and Nationality Act
is amended by striking the item relating to section 104 and inserting:
``Sec. 104. Powers and duties of the Secretary of State.''.
(ff) Section 164(b) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting
``of 1962'' after ``Migration and Refugee Assistance Act''.
(gg) Section 173(c) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by inserting
``United States'' before ``Arms Control and Disarmament Agency'' both
places it appears.
(hh) Section 309(b) of the Foreign Service Act of 1980 (22 U.S.C.
3901(b)) is amended by striking ``; and (5) as a foreign national
employee.'' and inserting ``; and
``(5) as a foreign national employee.''.
(ii) Section 611 of the Foreign Service Act of 1980 (as amended by
section 181(a)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236)) is amended by striking ``SEC.
611'' and all that follows through ``(a)'' and inserting the following:
``Sec. 611. Reductions in Force.--(a)''.
(jj) Section 181 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in subsection (a)(5) by inserting ``of 1980'' after
``Foreign Service Act''; and
(2) in subsection (b), by striking ``Section 1005'' and
inserting ``Section 1005(a)''.
(kk) The PLO Commitments Compliance Act of 1989 (title VIII of
Public Law 101-246) as amended by section 524 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is
amended--
(1) in section 804(b) by striking ``section (3)(b)(1) of the
Middle East Peace Facilitation Act of 1994'' and inserting
``section 583(b)(1) of the Middle East Peace Facilitation Act of
1994''; and
(2) in section 804(b)(1), by striking ``section (4)(a) of the
Middle East Peace Facilitation Act of 1994'' and inserting
``section 584(a) of the Middle East Peace Facilitation Act of
1994''.
(ll) Section 315 of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended by adding after
subsection (c) the following new subsection:
``(d) Relocation Costs.--Notwithstanding any other provision of
law, funds derived from the sale of real property assets of RFE/RL in
Munich, Germany, may be retained, obligated, and expended to meet one-
time costs associated with the consolidation of United States
Government broadcasting activities in accordance with this title,
including the costs of relocating RFE/RL offices and operations.''.
(mm)(1) The Act entitled ``An Act to provide for the reorganization
of the consular service of the United States'' approved April 5, 1906
(34 Stat. 100, 22 U.S.C. 4215) as amended by section 127 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236) is amended by striking the last sentence of section 7.
(2) The Act of August 18, 1856 (11 Stat. 61, 22 U.S.C. 4221) is
amended in section 24 by adding at the end the following new sentence:
``Pursuant to such regulations as the Secretary of State may prescribe,
the Secretary may designate any other employee of the Department of
State who is a citizen of the United States to perform any notarial
function authorized to be performed by a consular officer of the United
States under this Act.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Makes technical corrections to the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Amends the Foreign Service Act of 1980 to exclude certain U.S. citizens hired at posts abroad who are not family members of U.S. Government employees from coverage under Foreign Service grievance provisions.
Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the secondary or tertiary (currently, primary or secondary) Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice.
Amends the Immigration and Nationality Act to extend the pilot visa waiver program through FY 1995.
Authorizes the Secretary of State to expend a specified amount from the Department of State's Diplomatic and Consular Programs appropriation for the purchase of real property for use by the Department of State for its Miami Regional Center.
Establishes principles for Voice of America broadcasts.
Amend the United States Information and Educational Exchange Act of 1948 to extend a provision which authorizes the U.S. Information Agency (USIA) to transfer funds between accounts during the second fiscal year of an appropriation cycle.
Requires that significant consideration be given to foreign language competence in the evaluation, assignment, and promotion of Foreign Service officers of the Department of State, Agency for International Development, and USIA.
Authorizes the USIA Director to administer au pair programs through FY 1995.
Permits funds derived from the sale of real property assets of Radio Free Europe/Radio Liberty in Munich, Germany, to be expended to meet one-time costs associated with the consolidation of U.S. Government broadcasting activities.
|
{"src": "billsum_train", "title": "To make certain technical amendments relating to the State Department Basic Authorities Act of 1956, the United States Information and Educational Exchange Act of 1948, and other provisions of law."}
| 3,916 | 395 | 0.433204 | 1.495025 | 0.615824 | 2.749245 | 10.607251 | 0.755287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids Developing Skills for Success
in the 21st Century Act''.
SEC. 2. GRANTS FOR SUPPLEMENTAL ASSISTANCE FOR LIMITED ENGLISH
PROFICIENT STUDENTS.
(a) In General.--In the case of each State educational agency that
in accordance with subsection (c) submits to the Secretary an
application for a fiscal year, the Secretary shall make a grant for the
year to the agency for the uses specified in subsection (b). The grant
shall consist of the allotment determined for the State under section
3.
(b) Uses of Funds.--
(1) In general.--Each State educational agency receiving a
grant under this Act shall use the funds provided under the
grant to assist local educational agencies in providing
supplemental assistance to elementary and secondary school
students of limited English proficiency to ensure that they
rapidly develop proficiency in English while not falling behind
in their academic studies.
(2) Authorized activities.--Supplemental assistance
described in paragraph (1) may, but is not required to, include
individualized tutoring by regular school instructional staff
or by bilingual tutors hired specifically to provide such
tutoring. Such tutoring may take place during school hours,
before or after school hours, or on weekends.
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this Act, a State educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
(2) Contents.--Each application under this subsection shall
include a description of how--
(A) the State educational agency intends to use the
grant funds;
(B) the programs supported by the grant will be
coordinated with other Federal, State, regional, and
local programs; and
(C) the State educational agency will evaluate
program performance.
(d) Priority.--In assisting local educational agencies using funds
provided under this Act, a State educational agency shall give priority
to local educational agencies that--
(1) experience a dramatic increase in the number or
percentage of elementary and secondary school students of
limited English proficiency;
(2) have a large percentage of elementary and secondary
school students of limited English proficiency enrolled;
(3) have a total student enrollment of less than 10,000; or
(4) demonstrate a record of success in assisting students
of limited English proficiency achieve academic success.
SEC. 3. STATE ALLOCATIONS.
(a) Allocations.--
(1) In general.--Except as provided in subsections (b) and
(c), of the amount appropriated for each fiscal year for this
Act, each State participating in the program assisted under
this Act shall receive an allocation equal to the proportion of
such State's number of students of limited English proficiency
who are enrolled in public elementary or secondary schools
under the jurisdiction of each local educational agency
described in paragraph (2) within such State, and in nonpublic
elementary or secondary schools within the district served by
each such local educational agency, relative to the total
number of such students so enrolled in all the States
participating in the program assisted under this Act.
(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are those
local educational agencies in which the sum of the number of
students of limited English proficiency who are enrolled in
public elementary or secondary schools under the jurisdiction of such
agencies, and in nonpublic elementary or secondary schools within the
districts served by such agencies, during the fiscal year for which the
payments are to be made under this Act, is equal to--
(A) at least 500; or
(B) at least 3 percent of the total number of
students enrolled in such public or nonpublic schools
during such fiscal year;
whichever number is less.
(b) Determinations of Number of Students.--
(1) In general.--Determinations by the Secretary under this
section for any period with respect to the number of students
of limited English proficiency shall be made on the basis of
data or estimates provided to the Secretary by each State
educational agency in accordance with criteria established by
the Secretary, unless the Secretary determines, after notice
and opportunity for a hearing to the affected State educational
agency, that such data or estimates are clearly erroneous.
(2) Special rule.--No such determination with respect to
the number of students of limited English proficiency shall
operate because of an underestimate or overestimate to deprive
any State educational agency of the allocation under this
section that such State would otherwise have received had such
determination been made on the basis of accurate data.
(c) Reallocation.--Whenever the Secretary determines that any
amount of a payment made to a State under this Act for a fiscal year
will not be used by such State for carrying out the purpose for which
the payment was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States to the extent
the Secretary determines that such other States will be able to use
such additional amount for carrying out such purpose. Any amount made
available to a State from any appropriation for a fiscal year in
accordance with the preceding sentence shall, for purposes of this Act,
be regarded as part of such State's payment (as determined under
subsection (a)) for such year, but shall remain available until the end
of the succeeding fiscal year.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Notification of Amount.--The Secretary, not later than June 1
of each year, shall notify each State educational agency that has an
application approved under section 2 of the amount of such agency's
allocation under section 3 for the succeeding year.
(b) Services to Children Enrolled in Nonpublic Schools.--
(1) In general.--No local educational agency may receive
any assistance under this Act for any fiscal year unless such
agency provides to the Secretary assurances--
(A) that to the extent consistent with the number
of students of limited English proficiency who are
enrolled in the nonpublic elementary or secondary
schools within the district served by a local
educational agency, such agency, after consultation
with appropriate officials of such schools, shall
provide for the benefit of such students secular,
neutral, and nonideological services, materials, and
equipment in accordance with this Act;
(B) that the control of funds provided under this
Act to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in
a public agency for the uses and purposes provided in
this Act, and a public agency shall administer such
funds and property; and
(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public
agency or through contract by such public agency with a
person, association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary or secondary
school and of any religious organization, and such
employment or contract shall be under the control and
supervision of such public agency, and the funds
provided under this paragraph shall not be commingled
with State or local funds.
(2) Waivers.--If by reason of any provision of law a local
educational agency is prohibited from providing educational
services for children enrolled in elementary and secondary
nonpublic schools, as required by paragraph (1), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services, subject to the
requirements of this Act, to such children. Such waivers shall
be subject to consultation, withholding, notice, and judicial
review requirements in accordance with the provisions of title
I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$250,000,000 for each of fiscal years 2002 through 2006.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following terms have the following
meanings:
(1) Elementary school.--The term ``elementary school''
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
(2) Limited english proficiency.--The term ``limited
English proficiency'', when used with reference to an
individual, means an individual--
(A) who--
(i) was not born in the United States or
whose native language is a language other than
English and comes from an environment where a
language other than English is dominant; or
(ii) is a Native American or Alaska Native
or who is a native resident of the outlying
areas and comes from an environment where a
language other than English has had a
significant impact on such individual's level
of English language proficiency; or
(iii) is migratory and whose native
language is other than English and comes from
an environment where a language other than
English is dominant; and
(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English language
and whose difficulties may deny such individual the
opportunity to learn successfully in classrooms where
the language of instruction is English or to
participate fully in our society.
(3) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(4) Native american and native american language.--The
terms ``Native American'' and ``Native American language''
shall have the same meaning given such terms in section 103 of
the Native American Languages Act of 1990.
(5) Native language.--The term ``native language'', when
used with reference to an individual of limited English
proficiency, means the language normally used by such
individual, or in the case of a child or youth, the language
normally used by the parents of the child or youth.
(6) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(7) Secondary school.--The term ``secondary school'' means
a nonprofit institutional day or residential school, including
a public secondary charter school, that provides secondary
education, as determined under State law, except that such term
does not include any education beyond grade 12.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
(10) State educational agency.--The term ``State
educational agency'' means the agency primarily responsible for
the State supervision of public elementary and secondary
schools.
|
Kids Developing Skills for Success in the 21st Century Act - Directs the Secretary of Education to allot grants to State educational agencies to assist local educational agencies in providing supplemental assistance for elementary and secondary school students of limited English proficiency.
|
{"src": "billsum_train", "title": "To establish a program of grants for supplemental assistance for elementary and secondary school students of limited English proficiency to ensure that they rapidly develop proficiency in English while not falling behind in their academic studies."}
| 2,574 | 52 | 0.551766 | 1.269334 | 1.099793 | 3.953488 | 57.511628 | 0.930233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WISEWOMAN Expansion Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Heart disease, stroke, and other cardiovascular
diseases remain the leading cause of death among females in the
United States, killing almost 500,000 women each year.
(2) About 1 in 4 females have some form of cardiovascular
disease, killing more than the next 6 causes of death combined.
(3) In women, cardiovascular disease is frequently
undetected and untreated until the disease has become severe,
causing 42 percent of women who have heart attacks to die
within 1 year.
(4) Obesity increases women's risk for some of the leading
causes of death: heart disease, stroke, diabetes, and certain
cancers.
(5) Better nutrition and lifestyle changes can effectively
prevent and treat obesity.
(6) Osteoporosis is a major public health threat for an
estimated 44 million Americans.
(7) Women over age 50 accounted for over 75 percent of the
total cases of osteoporosis of the hip in 2002.
(8) One out of every 2 women over the age of 50 will have
an osteoporosis-related fracture in her lifetime.
(9) The rate of hip fractures is two to three times higher
in women than men.
(10) The direct expenditures for osteoporotic fractures
alone range from 12-18 billion dollars each year.
(11) Physical activity, calcium, and vitamin D are major
contributors to bone health for individuals of all ages.
(12) Muscular strength and balance may be very significant
in future risk reduction for osteoporosis.
(13) 18.2 million Americans have diabetes, and over 200,000
people die each year from related complications. Among adults
in the United States, diabetes increased 61 percent from 1990
to 2001. Diabetes is the sixth leading cause of death in
America.
(14) Approximately 8.7 percent of all women over the age of
20 in the United States have diabetes, but about one-third of
them are unaware of it.
(15) The risk for cardiovascular disease, the most common
complication attributable to diabetes, is more serious among
women than men. Deaths from heart disease in women with
diabetes have increased 23 percent over the past 30 years.
(16) The direct and indirect costs of diabetes are over
$132 billion a year.
(17) Better nutrition, physical activity, control of blood
glucose levels, and access to services can delay the
progression of diabetes. In fact, recent findings show that
modest, consistent physical activity and a healthy diet can cut
a person's risk for developing type-2 diabetes by nearly 60
percent.
(18) The direct and indirect costs of diabetes are over
$130 billion a year.
(19) The WISEWOMAN program has--
(A) provided one-stop shopping for preventive
health services such as cholesterol and blood pressure
screening for more than 12,000 women and identified
risk factors for heart disease such as obesity, high
cholesterol, high blood pressure, sedentary behavior,
and poor diet; and
(B) identified more than 2,700 cases of previously
undiagnosed hypertension, 3,000 cases of undiagnosed
high cholesterol, and 400 cases of undiagnosed diabetes
in women who would have been unaware of their risk
factors if not for WISEWOMAN.
(20) Research has demonstrated that--
(A) the uninsured often have significantly poorer
health than the insured; and
(B) being uninsured is an obstacle to receiving
preventive health care services.
SEC. 3. SUPPLEMENTAL GRANTS FOR ADDITIONAL PREVENTIVE HEALTH SERVICES
FOR WOMEN.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended to read as follows:
``SEC. 1509. ESTABLISHMENT OF PROGRAM FOR ADDITIONAL PREVENTIVE HEALTH
SERVICES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may, through a
competitive review process, award grants to States that have received
grants under section 1501 for a fiscal year, to enable such State to
carry out programs--
``(1) to provide preventive health services, in addition to
the services authorized in such section 1501, for diseases such
as cardiovascular diseases, diabetes, osteoporosis, and
obesity;
``(2) to provide screenings, such as screening for blood
pressure, cholesterol, osteoporosis, and diabetes, and other
services that the Secretary determines to be appropriate and
feasible;
``(3) for health education, counseling, and interventions
for behavioral risk factors, such as physical inactivity and
poor nutrition, and diseases such as cardiovascular diseases,
diabetes, osteoporosis, and obesity;
``(4) to provide appropriate referrals for medical
treatment of women receiving services pursuant to paragraph (1)
through (3), and ensuring, to the extent practicable, the
provision of appropriate follow-up services; and
``(5) to evaluate the activities conducted under paragraphs
(1) through (4) through appropriate surveillance, research, or
program monitoring activities.
``(b) Status as Participant in Program Regarding Breast and
Cervical Cancer.--The Secretary may not make a grant to a State under
subsection (a) unless the State involved agrees that services under the
grant will be provided in conjunction with entities that are screening
women for breast or cervical cancer pursuant to a grant under section
1501.
``(c) Applicability of Provisions.--The provisions of this title
shall apply to a grant under subsection (a) to the same extent and in
the same manner as such provisions apply to a grant under section 1501.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $20,000,000 for fiscal year 2006;
``(B) $25,000,000 for fiscal year 2007;
``(C) $30,000,000 for fiscal year 2008; and
``(D) such sums as may be necessary for each
subsequent fiscal year.
``(2) Limitation regarding funding with respect to breast
and cervical cancer.--No additional resources shall be
appropriated for a fiscal year under paragraph (1) unless the
amount appropriated under section 1510(a) for such fiscal year
is at least $173,920,000.''.
|
WISEWOMAN Expansion Act of 2005 - Amends the Public Health Service Act to: (1) remove the limit on the number of states that may receive preventive heath services grants; (2) require a competitive review process; and (3) include among the uses for such grants health education, counseling, and interventions for behavioral risk factors and diseases. Authorizes appropriations.
|
{"src": "billsum_train", "title": "To reduce health care costs and promote improved health by providing supplemental grants for additional preventive health services for women."}
| 1,374 | 80 | 0.410013 | 1.056666 | -0.119038 | 2.628571 | 18.714286 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Goaling Act of
2012''.
SEC. 2. GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL BUSINESS
CONCERNS.
(a) Heading.--Section 15(g) of the Small Business Act (15 U.S.C.
644(g)) is amended by striking the subsection enumerator and inserting
the following:
``(g) Goals for Procurement Contracts Awarded to Small Business
Concerns.--''.
(b) Governmentwide Goals.--Paragraph (1) of section 15(g) of the
Small Business Act (15 U.S.C. 644(g)) is amended to read as follows:
``(1) Governmentwide goals.--The President shall annually
establish Governmentwide goals for procurement contracts
awarded to small business concerns, small business concerns
owned and controlled by service-disabled veterans, qualified
HUBZone small business concerns, small business concerns owned
and controlled by socially and economically disadvantaged
individuals, and small business concerns owned and controlled
by women in accordance with the following:
``(A) The Governmentwide goal for participation by
small business concerns shall be established at not
less than 25 percent of the total value of all prime
contract awards for each fiscal year and 40 percent of
the total value of all subcontract awards for each
fiscal year.
``(B) The Governmentwide goal for participation by
small business concerns owned and controlled by
service-disabled veterans shall be established at not
less than 3 percent of the total value of all prime
contract and at not less than 3 percent of the total
value of all subcontract awards for each fiscal year.
``(C) The Governmentwide goal for participation by
qualified HUBZone small business concerns shall be
established at not less than 3 percent of the total
value of all prime contract and at not less than 3
percent of the total value of all subcontract awards
for each fiscal year.
``(D) The Governmentwide goal for participation by
small business concerns owned and controlled by
socially and economically disadvantaged individuals
shall be established at not less than 5 percent of the
total value of all prime contract and at not less than
5 percent of the total value of all subcontract awards
for each fiscal year.
``(E) The Governmentwide goal for participation by
small business concerns owned and controlled by women
shall be established at not less than 5 percent of the
total value of all prime contract and at not less than
5 percent of the total value of all subcontract awards
for each fiscal year.
``(F) The Administrator shall ensure that the
cumulative annual prime contract goals for all agencies
meet or exceed the annual Government-wide prime
contract goal established by the President pursuant to
this paragraph.''.
(c) Agency Goals.--Paragraph (2) of section 15(g) of the Small
Business Act (15 U.S.C. 644(g)) is amended to read as follows:
``(2) Agency goals.--
``(A) Establishment.--The head of each Federal
agency shall annually establish, for the agency that
individual heads, goals for procurement contracts
awarded to small business concerns, small business
concerns owned and controlled by service-disabled
veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.
``(B) Relationship to governmentwide goals.--
``(i) Scope.--The goals established by the
head of a Federal agency under subparagraph (A)
shall be in the same format as the goals
established by the President under paragraph
(1) and shall address both prime contract and
subcontract awards.
``(ii) Requirement to meet or exceed
governmentwide goals.--The participation
percentage applicable to each goal for a fiscal
year established under subparagraph (A) for
small business concerns owned and controlled by
service-disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by socially and
economically disadvantaged individuals, and
small business concerns owned and controlled by
women may not be less than the participation
percentage applicable to the Governmentwide
goal for such fiscal year established under
paragraph (1) for such category.
``(C) Consultation required.--
``(i) In general.--In establishing goals
under subparagraph (A), the head of each
Federal agency shall consult with the
Administrator.
``(ii) Disagreements.--If the Administrator
and the head of a Federal agency fail to agree
on a goal established under subparagraph (A),
the disagreement shall be submitted to the
Administrator for Federal Procurement Policy
for final determination.
``(D) Plan for achieving goals.--After establishing
goals under subparagraph (A) for a fiscal year, the
head of each Federal agency shall develop a plan for
achieving such goals, which shall apportion
responsibilities among the employees of such agency
having procurement powers.
``(E) Expanded participation.--In establishing
goals under subparagraph (A), the head of each Federal
agency shall make a consistent effort to annually
expand participation by small business concerns from
each industry category in procurement contracts of such
agency, including participation by small business
concerns owned and controlled by service-disabled
veterans, qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.
``(F) Consideration.--The head of each Federal
agency, in attempting to attain expanded participation
under subparagraph (E), shall consider--
``(i) contracts awarded as the result of
unrestricted competition; and
``(ii) contracts awarded after competition
restricted to eligible small business concerns
under this section and under the program
established under section 8(a).
``(G) Communication regarding goals.--
``(i) Importance of achieving goals.--Each
procurement employee or program manager
described in clause (ii) shall communicate to
the subordinates of the procurement employee or
program manager the importance of achieving
goals established under subparagraph (A).
``(ii) Procurement employees or program
managers described.--A procurement employee or
program manager described in this clause is a
senior procurement executive, senior program
manager, or Director of Small and Disadvantaged
Business Utilization of a Federal agency having
contracting authority.''.
(d) Enforcement; Determinations of the Total Value of Contract
Awards.--Section 15(g) of the Small Business Act (15 U.S.C. 644(g)), as
amended by this Act, is further amended by adding at the end the
following:
``(3) Enforcement.--If the Administrator does not issue the
report required in paragraph (2) on or before the date that is
120 days after the end of the prior fiscal year, the
Administrator may not carry out or establish any pilot program
until the date on which the Administrator issues the report.
``(4) Determinations of the total value of contract
awards.--For purposes of the goals established under paragraphs
(1) and (2), the total value of contract awards for a fiscal
year may not be determined in a manner that excludes the value
of a contract based on--
``(A) where the contract is awarded;
``(B) where the contract is performed;
``(C) whether the contract is mandated by Federal
law to be performed by an entity other than a small
business concern;
``(D) whether funding for the contract is made
available in an appropriations Act, if the contract is
subject to the Competition in Contracting Act; or
``(E) whether the contract is subject to the
Federal Acquisition Regulation.''.
SEC. 3. REPORTING ON GOALS FOR PROCUREMENT CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS.
Subsection (h) of section 15 of the Small Business Act (15 U.S.C.
644) is amended to read as follows:
``(h) Reporting on Goals for Procurement Contracts Awarded to Small
Business Concerns.--
``(1) Agency reports.--At the conclusion of each fiscal
year, the head of each Federal agency shall submit to the
Administrator a report describing--
``(A) the extent of the participation by small
business concerns, small business concerns owned and
controlled by veterans (including service-disabled
veterans), qualified HUBZone small business concerns,
small business concerns owned and controlled by
socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women in the procurement contracts of such agency
during such fiscal year;
``(B) whether the agency achieved the goals
established for the agency under subsection (g)(2)(A)
with respect to such fiscal year; and
``(C) any justifications for a failure to achieve
such goals.
``(2) Reports by administrator.--Not later than 60 days
after receiving a report from each Federal agency under
paragraph (1) with respect to a fiscal year, the Administrator
shall submit to the President and Congress a report that
includes--
``(A) a copy of each report submitted to the
Administrator under paragraph (1);
``(B) a determination of whether each goal
established by the President under subsection (g)(1)
for such fiscal year was achieved;
``(C) a determination of whether each goal
established by the head of a Federal agency under
subsection (g)(2)(A) for such fiscal year was achieved;
``(D) the reasons for any failure to achieve a goal
established under paragraph (1) or (2)(A) of subsection
(g) for such fiscal year and a description of actions
planned by the applicable agency to address such
failure, except that the Administrator must concur with
each remediation plan;
``(E) for the Federal Government and each Federal
agency, an analysis of the number and dollar amount of
prime contracts awarded during such fiscal year to--
``(i) small business concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
and
``(IV) through unrestricted
competition;
``(ii) small business concerns owned and
controlled by service-disabled veterans--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by service-
disabled veterans; and
``(V) through unrestricted
competition;
``(iii) qualified HUBZone small business
concerns--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to qualified HUBZone small
business concerns;
``(V) through unrestricted
competition where a price evaluation
preference was used; and
``(VI) through unrestricted
competition where a price evaluation
preference was not used;
``(iv) small business concerns owned and
controlled by socially and economically
disadvantaged individuals--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) through unrestricted
competition;
``(v) small business concerns owned by an
Alaska Native Corporation--
``(I) in the aggregate;
``(II) through sole source
contracts;
``(III) through competitions
restricted to small business concerns;
``(IV) through competitions
restricted to small business concerns
owned and controlled by socially and
economically disadvantaged individuals;
and
``(V) through unrestricted
competition; and
``(vi) small business concerns owned and
controlled by women--
``(I) in the aggregate;
``(II) through competitions
restricted to small business concerns;
``(III) through competitions
restricted using the authority under
section 8(m)(2);
``(IV) through competitions
restricted using the authority under
section 8(m)(2) and in which the waiver
authority under section 8(m)(3) was
used; and
``(V) through unrestricted
competition; and
``(F) for the Federal Government and each Federal
agency, the number, dollar amount, and distribution
with respect to the North American Industry
Classification System of subcontracts awarded during
such fiscal year to small business concerns, small
business concerns owned and controlled by service-
disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled
by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by
women.''.
SEC. 4. SENIOR EXECUTIVES.
(a) Training.--Section 3396(a) of title 5, United States Code, is
amended by adding at the end the following: ``A program established
under this subsection shall include training with respect to Federal
procurement requirements, including contracting requirements under the
Small Business Act (15 U.S.C. 631 et seq.).''.
(b) Performance Appraisals.--Section 4313 of title 5, United States
Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) meeting the goals established by the head of the
agency under section 15(g)(2)(A) of the Small Business Act (15
U.S.C. 644(g)(2)(A)).''.
|
Small Business Goaling Act of 2012 - Amends the Small Business Act to raise from 23% to 25% the governmentwide prime contract award goal for participation by small business concerns and to make the governmentwide subcontract participation award goal 40% for such businesses. Revises percentage goals for awards to small businesses owned and controlled by service-disabled veterans, qualified HUBZone (historically underutilized business zone) small businesses, small businesses owned by socially and economically disadvantaged individuals, and small businesses owned by women (small business categories).
Requires the small business procurement goals established by the head of each federal agency participating in federal procurement contracts to: (1) be in the same format as the goals established by the President, (2) address both prime contract and subcontract awards, and (3) meet or exceed the government-wide goals for each small business category. Requires each agency head to: (1) consult with the Administrator of the Small Business Administration (SBA) in establishing agency goals, and (2) develop a plan for achieving agency goals.
Revises requirements concerning information required to be included in annual reports from: (1) agency heads to the Administrator concerning the extent of small business participation in that agency's procurement contracts; and (2) the Administrator to the President and Congress on whether individual agency goals were achieved, as well as reasons for any failure to achieve such goals. Requires, in the latter reports, information concerning the number and dollar amounts of prime contracts awarded to small businesses owned by an Alaska Native Corporation.
Requires training programs established for the development of federal senior executives to include training with respect to federal procurement requirements, including those under the Small Business Act. Requires senior executive performance appraisals to take into account the individual's success in meeting agency small business federal procurement contracting goals.
|
{"src": "billsum_train", "title": "A bill to amend the Small Business Act with respect to goals for procurement contracts awarded to small business concerns, and for other purposes."}
| 3,055 | 377 | 0.665523 | 2.36671 | 0.792202 | 2.625714 | 8.168571 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Procurement
Competition Act of 2001''.
SEC. 2. DEFINITION OF COVERED CONTRACTS.
Section 15(e)(4) of the Small Business Act (15 U.S.C. 644(e)(4)) is
amended--
(1) by inserting after ``bundled contract'' the following:
``, the aggregate dollar value of which is anticipated to be
less than $8,000,000, or any contract, whether or not the
contract is a bundled contract, the aggregate dollar value of
which is anticipated to be $8,000,000 or more'';
(2) by striking ``In the'' and inserting the following:
``(A) In general.--In the''; and
(3) by adding at the end the following:
``(B) Contracting goals.--
``(i) In general.--A contract award under
this paragraph to a team that is comprised
entirely of small business concerns shall be
counted toward the small business contracting
goals of the contracting agency, as required by
this Act.
``(ii) Preponderance test.--The ownership
of the small business that conducts the
preponderance of the work in a contract awarded
to a team described in clause (i) shall
determine the category or type of award for
purposes of meeting the contracting goals of
the contracting agency.''.
SEC. 3. PROPORTIONATE WORK REQUIREMENTS FOR BUNDLED CONTRACTS.
(a) Section 8.--Section 8(a)(14)(A) of the Small Business Act (15
U.S.C. 637(a)(14)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), in the case
of a bundled contract--
``(I) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(II) no other concern will perform a greater
proportion of the work on that contract; and
``(III) no other concern that is not a small
business concern will perform work on the contract.''.
(b) Qualified HUBZone Small Business Concerns.--Section
3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(III)) is amended--
(1) in item (bb), by striking ``and'' at the end;
(2) by redesignating item (cc) as item (dd); and
(3) by inserting after item (bb) the following:
``(cc) notwithstanding
items (aa) and (bb), in the
case of a bundled contract, the
concern will perform work for
at least 33 percent of the
aggregate dollar value of the
anticipated award, no other
concern will perform a greater
proportion of the work on that
contract, and no other concern
that is not a small business
concern will perform work on
the contract; and''.
(c) Section 15.--Section 15(o)(1) of the Small Business Act (15
U.S.C. 644(o)(1)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) notwithstanding subparagraphs (A) and (B), in the
case of a bundled contract--
``(i) the concern will perform work for at least 33
percent of the aggregate dollar value of the
anticipated award;
``(ii) no other concern will perform a greater
proportion of the work on that contract; and
``(iii) no other concern that is not a small
business concern will perform work on the contract.''.
SEC. 4. SMALL BUSINESS PROCUREMENT COMPETITION PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``Federal agency'' has the same meaning as in
section 3 of the Small Business Act (15 U.S.C. 632);
(3) the term ``Program'' means the Small Business
Procurement Competition Program established under subsection
(b);
(4) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(5) the term ``small business-only joint ventures'' means a
team described in section 15(e)(4) of the Small Business Act
(15 U.S.C. 644(e)(4)) comprised of only small business
concerns.
(b) Establishment of Program.--The Administrator shall establish in
the Small Business Administration a pilot program to be known as the
``Small Business Procurement Competition Program''.
(c) Purposes of Program.--The purposes of the Program are--
(1) to encourage small business-only joint ventures to
compete for contract awards to fulfill the procurement needs of
Federal agencies;
(2) to facilitate the formation of joint ventures for
procurement purposes among small business concerns;
(3) to engage in outreach to small business-only joint
ventures for Federal agency procurement purposes; and
(4) to engage in outreach to the Director of the Office of
Small and Disadvantaged Business Utilization and the
procurement officer within each Federal agency.
(d) Outreach.--Under the Program, the Administrator shall establish
procedures to conduct outreach to small business concerns interested in
forming small business-only joint ventures for the purpose of
fulfilling procurement needs of Federal agencies, subject to the rules
of the Administrator, in consultation with the heads of those Federal
agencies.
(e) Regulatory Authority.--The Administrator shall promulgate such
regulations as may be necessary to carry out this section.
(f) Small Business Administration Database.--The Administrator
shall establish and maintain a permanent database that identifies small
business concerns interested in forming small business-only joint
ventures, and shall make the database available to each Federal agency
and to small business concerns in electronic form to facilitate the
formation of small business-only joint ventures.
(g) Termination of Program.--The Program (other than the database
established under subsection (f)) shall terminate 3 years after the
date of enactment of this Act.
(h) Report to Congress.--Not later than 60 days before the date of
termination of the Program, the Administrator shall submit a report to
Congress on the results of the Program, together with any
recommendations for improvements to the Program and its potential for
use Governmentwide.
(i) Relationship to Other Laws.--Nothing in this section waives or
modifies the applicability of any other provision of law to
procurements of any Federal agency in which small business-only joint
ventures may participate under the Program.
|
Small Business Procurement Competition Act of 2001 - Amends the Small Business Act with respect to the participation of small businesses as contractors and subcontractors under Federal procurement contracts to: (1) revise the definition of "bundled contract"; (2) allow contracts awarded to a team composed entirely of small businesses to be counted toward the small business contracting goals; and (3) require small businesses to perform a specified percentage of work under either a bundled contract or the HUBZone Program.Directs the Administrator of the Small Business Administration to establish the Small Business Procurement Competition Program for small business-only joint ventures to compete for Federal procurement contract awards. Requires the Administrator to establish and maintain a permanent database that identifies small businesses in forming such ventures and to make the database available to each Federal agency and to all small businesses.
|
{"src": "billsum_train", "title": "A bill to amend the Small Business Act to promote the involvement of small business concerns and small business joint ventures in certain types of procurement contracts, to establish the Small Business Procurement Competition Program, and for other purposes."}
| 1,620 | 182 | 0.537663 | 1.428524 | 0.828907 | 2.935897 | 9.179487 | 0.858974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Sanctions Enabling Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Convention on the Prevention and Punishment of the
Crime of Genocide, done at Paris December 9, 1948 (commonly
referred to as the ``Genocide Convention'') defines genocide
as, among other things, the act of killing members of a
national, ethnic, racial, or religious group with the intent to
destroy, in whole or in part, the targeted group. In addition,
the Genocide Convention also prohibits conspiracy to commit
genocide, as well as ``[d]irect and public incitement to commit
genocide''.
(2) 133 member states of the United Nations have ratified
the Genocide Convention and thereby pledged to prosecute
individuals who violate the Genocide Convention's prohibition
on incitement to commit genocide, as well as those individuals
who commit genocide directly.
(3) On October 27, 2005, at the World Without Zionism
Conference in Tehran, Iran, the President of Iran, Mahmoud
Ahmadinejad, called for Israel to be ``wiped off the map,''
described Israel as ``a disgraceful blot [on] the face of the
Islamic world,'' and declared that ``[a]nybody who recognizes
Israel will burn in the fire of the Islamic nation's fury.''
President Ahmadinejad has subsequently made similar types of
comments.
(4) On December 23, 2006, the United Nations Security
Council unanimously approved Resolution 1737, which bans the
supply of nuclear technology and equipment to Iran and freezes
the assets of certain organizations and individuals involved in
Iran's nuclear program, until Iran suspends its enrichment of
uranium, as verified by the International Atomic Energy Agency.
(5) Following Iran's failure to comply with Resolution
1737, on March 24, 2007, the United Nations Security Council
unanimously approved Resolution 1747, to tighten sanctions on
Iran, imposing a ban on arms sales and expanding the freeze on
assets, in response to the country's uranium-enrichment
activities.
(6) There are now signs of domestic discontent within Iran,
and targeted financial and economic measures could produce a
change in Iranian policy. According to the Economist
Intelligence Unit, the nuclear crisis ``is imposing a heavy
opportunity cost on Iran's economic development, slowing down
investment in the oil, gas, and petrochemical sectors, as well
as in critical infrastructure projects, including
electricity''.
(7) Targeted financial measures represent one of the
strongest non-military tools available to convince the
Government of Iran that it can no longer afford to engage in
dangerous, destabilizing activities such as its nuclear weapons
program and its support for terrorism.
(8) Foreign persons that have invested in Iran's energy
sector, despite Iran's support of international terrorism and
its nuclear program, have provided additional financial means
for Iran's activities in these areas, and many United States
persons have unknowingly invested in those same foreign
persons.
(9) There is an increasing interest by States, local
governments, educational institutions, and private institutions
to seek to disassociate themselves from companies that directly
or indirectly support the Government of Iran's efforts to
achieve a nuclear weapons capability.
(10) Policy makers and fund managers may find moral,
prudential, or reputational reasons to divest assets from
persons that accept the business risk of operating in countries
that are subject to international economic sanctions or that
have business relationships with countries, governments, or
entities with which any United States person would be
prohibited from dealing because of economic sanctions imposed
by the United States.
SEC. 3. TRANSPARENCY IN UNITED STATES CAPITAL MARKETS.
(a) List of Persons Investing in Iran Energy Sector.--
(1) Publication of list.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the Secretary of the Treasury, in consultation with
the Secretary of Energy, the Secretary of State, the Securities
and Exchange Commission, and the heads of other appropriate
Federal departments and agencies, shall publish in the Federal
Register a list of persons, whether within or outside of the
United States, that, as of the date of the publication, have
made an investment of more than $20,000,000 in the energy
sector of Iran. The list shall include a description of the
investment made by each such person, including the dollar
value, intended purpose, and status of the investment, as of
the date of the publication of the list.
(2) Prior notice to persons.--Not later than 30 days before
the list is published under paragraph (1), the Secretary of the
Treasury shall notify each person that the Secretary intends to
include on the list.
(3) Delay in including persons on the list.--After
notifying a person under paragraph (2) that the Secretary
intends to include such person on the list, the Secretary may
delay including such person on the list for not more than 60
days if the Secretary determines and certifies to Congress that
such person has taken specific and effective actions to divest
or terminate the investment in the energy sector of Iran that
resulted in the notification under paragraph (2).
(4) Removal of persons from the list.--The Secretary of the
Treasury may remove a person from the list under paragraph (1)
before the next publication of the list if the Secretary, in
consultation with, as appropriate, the Secretary of Energy, the
Secretary of State, the Securities and Exchange Commission, and
the heads of other Federal departments and agencies, determines
that the person has divested or terminated the investment in
the energy sector of Iran that resulted in the Secretary
including such person on the list.
(b) Publication on Website.--The Secretary of the Treasury shall
maintain on the website of the Department of the Treasury the names of
the persons on the list published under subsection (a)(1), updating the
list as necessary to take into account any person removed from the list
under subsection (a)(4).
(c) Definition.--In this section, the term ``investment'' has the
meaning given that term in section 14(9) of the Iran Sanctions Act (50
U.S.C. 1701 note).
SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST ASSETS FROM
CERTAIN COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.
(a) Authority to Divest.--
(1) In general.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures
to divest the assets of the State or local government from, or
prohibit investment of the assets of the State or local
government in, persons that are included on the most recent
list published under section 3(a)(1), as modified under section
3(a)(4).
(2) Applicability.--This subsection applies to measures
adopted by a State or local government before, on, or after the
date of the enactment of this Act.
(3) Definitions.--In this subsection:
(A) Investment of the assets of the state or local
government.--The term ``investment of the assets of the
State or local government'' includes--
(i) a commitment or contribution of assets;
and
(ii) a loan or other extension of credit of
assets.
(B) Assets.--The term ``assets'' refers to public
monies and includes any pension, retirement, annuity,
or endowment fund, or similar instrument, that is
controlled by a State or local government.
(b) Preemption.--A measure of a State or local government that is
authorized by subsection (a) is not preempted by any Federal law or
regulation except to the extent that a person is unable to comply with
both the measure and the Federal law or regulation.
SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY MUTUAL FUNDS.
Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13)
is amended by adding at the end the following new subsection:
``(c) Safe Harbor for Changes in Investment Policies.--
Notwithstanding any other provision of Federal or State law, no person
may bring any civil, criminal, or administrative action against any
registered investment company or person providing services to such
registered investment company (including its investment adviser), or
any employee, officer, or director thereof, based upon the investment
company divesting from, or avoiding investing in, securities issued by
companies that are included on the most recent list published under
section 3(a)(1) of the Iran Sanctions Enabling Act, as modified under
section 3(a)(4) of that Act. For purposes of this subsection the term
`person' shall include the Federal government and any State or
political subdivision of a State.''.
SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE
BENEFIT PLANS.
Section 502 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1132) is amended by adding at the end the following new
subsection:
``(n) Divestment of Assets in Fiduciaries Investing in Iran.--No
person shall be treated as breaching any of the responsibilities,
obligations, or duties imposed upon fiduciaries by this title, and no
action may be brought under this section against any person, for
divesting plan assets from, or avoiding investing plan assets in,
persons that are included on the most recent list published under
section 3(a)(1) of the Iran Sanctions Enabling Act, as modified under
section 3(a)(4) of such Act.''.
SEC. 7. SENSE OF CONGRESS REGARDING THRIFT SAVINGS PLAN.
It is the sense of the Congress that--
(1) the Federal Retirement Thrift Investment Board should
initiate efforts to provide a terror-free international
investment option among the funds of the Thrift Savings Fund
that would invest in stocks in which the International Stock
Index Investment Fund may invest under section 8438(b)(4) of
title 5, United States Code, other than the stock of companies
that do business in any country the government of which the
Secretary of State has determined is a government that has
repeatedly provided support for acts of international
terrorism, for purposes of section 40 of the Arms Export
Control Act (22 U.S.C. 2780), section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371), section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), or any other
provision of law relating to governments that provide support
for acts of international terrorism; and
(2) the Federal Retirement Thrift Investment Board should
initiate efforts similar to those described in paragraph (1) to
provide a genocide-free international investment option.
SEC. 8. DEFINITIONS.
In this Act:
(1) Iran.--The term ``Iran'' includes any agency or
instrumentality of the Government of Iran.
(2) Energy sector.--The term ``energy sector'' refers to
activities to develop petroleum or natural gas resources.
(3) Person.--The term ``person'' means a natural person as
well as a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity or instrumentality of a
government.
(4) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
(5) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State, and any
agency or instrumentality thereof; and
(C) any public institution of higher education, as
defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002).
SEC. 9. SUNSET.
The provisions of this Act shall terminate 30 days after the date
on which the President has certified to Congress that--
(1) the Government of Iran has ceased providing support for
acts of international terrorism and no longer satisfies the
requirements for designation as a state sponsor of terrorism
for purposes of section 40 of the Arms Export Control Act (22
U.S.C. 2780), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), as
continued in effect pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), or any other
provision of law relating to governments that provide support
for acts of international terrorism;
(2) the Government of Iran has ceased the pursuit,
acquisition, and development of nuclear, biological, and
chemical weapons and ballistic missiles and ballistic missile
launch technology; and
(3) the Government of Iran has retracted the statements of
the President of Iran, Mahmoud Ahmadinejad, calling for the
destruction of Israel.
|
Iran Sanctions Enabling Act of 2007 - Directs the Secretary of the Treasury to: (1) publish biannually in the Federal Register a list of each person, whether within or outside of the United States, that has an investment of more than $20 million in the energy sector in Iran; and (2) maintain on the website of the Department of the Treasury the names of the persons on such list.
States it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons included on the most recent list.
Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit investment of assets in, persons included on the most recent list.
Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by companies included on such most recent list.
Amends the Employee Retirement Income Security Act of 1974 to shield from treatment as breaching a fiduciary duty any person divesting plan assets from, or avoiding investing plan assets in, persons included on such most recent list.
Expresses the sense of the Congress that the Federal Retirement Thrift Investment Board should: (1) initiate efforts to provide a terror-free international investment option among the funds of the Thrift Savings Fund; and (2) initiate similar efforts to provide a genocide-free international investment option.
|
{"src": "billsum_train", "title": "A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes."}
| 2,966 | 324 | 0.465759 | 1.653794 | 0.565501 | 4.926174 | 8.919463 | 0.95302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chocolate Mountain Aerial Gunnery
Range Transfer Act of 2013''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE MOUNTAIN
AERIAL GUNNERY RANGE, CALIFORNIA.
(a) Transfer Required.--The Secretary of the Interior shall
transfer to the administrative jurisdiction of the Secretary of the
Navy certain public land administered by the Bureau of Land Management
in Imperial and Riverside Counties, California, consisting of
approximately 226,711 acres, as generally depicted on the map titled
``Chocolate Mountain Aerial Gunnery Range Proposed-Withdrawal'' dated
1987 (revised July 1993), and identified as WESTDIV Drawing No. C-
102370, which was prepared by the Naval Facilities Engineering Command
of the Department of the Navy and is on file with the California State
Office of the Bureau of Land Management.
(b) Valid Existing Rights.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to any valid
existing rights, including any property, easements, or improvements
held by the Bureau of Reclamation and appurtenant to the Coachella
Canal. The Secretary of the Navy shall provide for reasonable access by
the Bureau of Reclamation for inspection and maintenance purposes not
inconsistent with military training.
(c) Time for Conveyance.--The transfer of administrative
jurisdiction under subsection (a) shall occur pursuant to a schedule
agreed to by the Secretary of the Interior and the Secretary of the
Navy, but in no case later than the date of the completion of the
boundary realignment required by section 4.
(d) Map and Legal Description.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description of the public land to be transferred under
subsection (a).
(2) Submission to congress.--The Secretary of the Interior
shall file with the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the
House of Representatives--
(A) a copy of the legal description prepared under
paragraph (1); and
(B) a map depicting the legal description of the
transferred public land.
(3) Availability for public inspection.--Copies of the
legal description and map filed under paragraph (2) shall be
available for public inspection in the appropriate offices of--
(A) the Bureau of Land Management;
(B) the Office of the Commanding Officer, Marine
Corps Air Station Yuma, Arizona;
(C) the Office of the Commander, Navy Region
Southwest; and
(D) the Office of the Secretary of the Navy.
(4) Force of law.--The legal description and map filed
under paragraph (2) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior
may correct clerical and typographical errors in the legal
description or map.
(5) Reimbursement of costs.--The transfer required by
subsection (a) shall be made without reimbursement, except that
the Secretary of the Navy shall reimburse the Secretary of the
Interior for any costs incurred by the Secretary of the
Interior to prepare the legal description and map under this
subsection.
SEC. 3. MANAGEMENT AND USE OF TRANSFERRED LAND.
(a) Use of Transferred Land.--Upon the receipt of the land under
section 2, the Secretary of the Navy shall administer the land as the
Chocolate Mountain Aerial Gunnery Range, California, and continue to
authorize use of the land for military purposes.
(b) Protection of Desert Tortoise.--Nothing in the transfer
required by section 2 shall affect the prior designation of certain
lands within the Chocolate Mountain Aerial Gunnery Range as critical
habitat for the desert tortoise (Gopherus Agassizii).
(c) Withdrawal of Mineral Estate.--Subject to valid existing
rights, the mineral estate of the land to be transferred under section
2 are withdrawn from all forms of appropriation under the public land
laws, including the mining laws and the mineral and geothermal leasing
laws, for as long as the land is under the administrative jurisdiction
of the Secretary of the Navy.
(d) Integrated Natural Resources Management Plan.--Not later than
one year after the transfer of the land under section 2, the Secretary
of the Navy, in cooperation with the Secretary of the Interior, shall
prepare an integrated natural resources management plan pursuant to the
Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for
land that, as of the date of the enactment of this Act, is under the
jurisdiction of the Secretary of the Navy underlying the Chocolate
Mountain Aerial Gunnery Range.
SEC. 4. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF TITLE.
(a) Realignment; Purpose.--The Secretary of the Interior and the
Secretary of the Navy shall realign the boundary of the Chocolate
Mountain Aerial Gunnery Range, as in effect on the date of the
enactment of this Act, to improve public safety and management of the
Range, consistent with the following:
(1) The northwestern boundary of the Chocolate Mountain
Aerial Gunnery Range shall be realigned to the edge of the
Bradshaw Trail so that the Trail is entirely on public land
under the jurisdiction of the Department of the Interior.
(2) The centerline of the Bradshaw Trail shall be
delineated by the Secretary of the Interior in consultation
with the Secretary of the Navy, beginning at its western
terminus at Township 8 South, Range 12 East, Section 6 eastward
to Township 8 South, Range 17 East, Section 32 where it leaves
the Chocolate Mountain Aerial Gunnery Range.
(b) Transfers Related to Realignment.--The Secretary of the
Interior and the Secretary of the Navy shall make such transfers of
administrative jurisdiction as may be necessary to reflect the results
of the boundary realignment carried out pursuant to subsection (a).
(c) Applicability of National Environmental Policy Act of 1969.--
The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall not apply to any transfer of land made under subsection (b) or
any decontamination actions undertaken in connection with such a
transfer.
(d) Decontamination.--The Secretary of the Navy shall maintain, to
the extent funds are available for such purpose and consistent with
applicable Federal and State law, a program of decontamination of any
contamination caused by defense-related uses on land transferred under
subsection (b). The Secretary of Defense shall include a description of
such decontamination activities in the annual report required by
section 2711 of title 10, United States Code.
(e) Timeline.--The delineation of the Bradshaw Trail under
subsection (a) and any transfer of land under subsection (b) shall
occur pursuant to a schedule agreed to by the Secretary of the Interior
and the Secretary of the Navy, but in no case later than two years
after the date of the enactment of this Act.
SEC. 5. EFFECT OF TERMINATION OF MILITARY USE.
(a) Notice and Effect.--Upon a determination by the Secretary of
the Navy that there is no longer a military need for all or portions of
the land transferred under section 2, the Secretary of the Navy shall
notify the Secretary of the Interior of such determination. Subject to
subsections (b), (c), and (d), the Secretary of the Navy shall transfer
the land subject to such a notice back to the administrative
jurisdiction of the Secretary of the Interior.
(b) Contamination.--Before transmitting a notice under subsection
(a), the Secretary of the Navy shall prepare a written determination
concerning whether and to what extent the land to be transferred are
contaminated with explosive, toxic, or other hazardous materials. A
copy of the determination shall be transmitted with the notice. Copies
of the notice and the determination shall be published in the Federal
Register.
(c) Decontamination.--The Secretary of the Navy shall decontaminate
any contaminated land that is the subject of a notice under subsection
(a) if--
(1) the Secretary of the Interior, in consultation with the
Secretary of the Navy, determines that--
(A) decontamination is practicable and economically
feasible (taking into consideration the potential
future use and value of the land); and
(B) upon decontamination, the land could be opened
to operation of some or all of the public land laws,
including the mining laws; and
(2) funds are appropriated for such decontamination.
(d) Alternative.--The Secretary of the Interior is not required to
accept land proposed for transfer under subsection (a) if the Secretary
of the Interior is unable to make the determinations under subsection
(c)(1) or if Congress does not appropriate a sufficient amount of funds
for the decontamination of the land.
SEC. 6. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD.
Notwithstanding subsection (a) of section 806 of the California
Military Lands Withdrawal and Overflights Act of 1994 (title VIII of
Public Law 103-433; 108 Stat. 4505), the withdrawal and reservation of
the land transferred under section 2 of this Act shall not terminate
until the date on which the land transfer required by section 2 is
executed.
SEC. 7. WATER RIGHTS.
(a) Water Rights.--Nothing in this Act shall be construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
transferred by this Act; or
(2) to authorize the appropriation of water on lands
transferred by this Act except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
|
Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013 - Directs the Secretary of the Interior to transfer to the Secretary of the Navy administrative jurisdiction over certain public lands in Imperial and Riverside Counties, California, for inclusion within the Chocolate Mountain Aerial Gunnery Range. Withdraws the mineral estate of such land from all forms of appropriation under the public land laws, including the mining laws and the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy. Requires the Secretary of the Navy to prepare an integrated natural resources management plan with respect to the transferred lands. Requires the Secretary of the Navy, upon determining that there is no longer a military need for the lands transferred, to transfer such lands back to the Secretary of the Interior. Requires appropriate land decontamination preceding the retransfer. Amends the California Military Lands Withdrawal and Overflights Act of 1994 to extend a land withdrawal and reservation period consistent with the above transfer. Provides that nothing in this Act shall affect existing water rights on the transferred lands.
|
{"src": "billsum_train", "title": "Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013"}
| 2,186 | 251 | 0.607549 | 2.03011 | 0.781511 | 5.218905 | 9.706468 | 0.920398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Forest Stewardship Act''.
SEC. 2. DECLARATIONS.
Congress declares as follows:
(1) The 26,000,000-acre Northern Forest region is an
extraordinary resource. The forests in the region are rich in
natural resources and values cherished by residents and
visitors: timber, fiber, and wood for forest products and
energy supporting successful businesses and providing stable
jobs for residents; lakes ponds, rivers, and streams unspoiled
by pollution or crowding human development; tracts of land for
wildlife habitat and recreational use, and protected areas to
help preserve the biological integrity of the region. This Act
is enacted to advance the goals of the Northern Forest Lands
Council and to reaffirm the Council's vision of the Northern
Forest as a landscape of interlocking parts and pieces,
reinforcing each other: local communities, industrial forest
land, family and individual ownerships, small woodlots,
recreation land, and public and private conservation land.
(2) This Act effectuates certain recommendations of the
Northern Forest Lands Council that were developed with broad
public input and the involvement of Federal, State, and local
governments. The actions described in this Act to implement
those recommendations are most appropriately directed by the
Northern Forest States, with assistance from the Federal
Government, as requested by the States. Implementation of the
recommendations should be guided by the fundamental principles
laid out by the Northern Forest Lands Council report. Those
principles provide the foundation for the intent of this Act:
to support the primary role of the Northern Forest States in
the management of their forests, to protect the traditions of
the region, to emphasize the rights and responsibilities of the
landowners, and to advance new mechanisms for cooperative
conservation of the Northern Forest lands and its resources for
future generations.
SEC. 3. SUPPORT FOR SUSTAINABLE FOREST MANAGEMENT.
(a) In General.--At the request of the Governor of the State of
Maine, New Hampshire, New York, or Vermont, the Secretary of
Agriculture, acting through the Chief of the Forest Service, may
provide technical assistance for a State-based initiative directed by
the State, to define the appropriate benchmarks of sustainable forest
management that address the principles of sustainability, as
recommended by the Northern Forest Lands Council.
(b) Principles of Sustainability.--It is the sense of Congress that
for the purposes of subsection (a), principles of sustainability should
be based on the principles developed by the Northern Forest Lands
Council, including--
(1) maintenance of soil productivity;
(2) conservation of water quality, wetlands, and riparian
zones;
(3) maintenance or creation of a healthy balance of forest
age classes;
(4) continuous flow of timber, pulpwood, and other forest
products;
(5) improvement of the overall quality of the timber
resource as a foundation for more value-added opportunities;
(6) addressing scenic quality by limiting adverse aesthetic
impacts of forest harvesting, particularly in high-elevation
areas and vistas;
(7) conservation and enhancement of habitats that support a
full range of native flora and fauna;
(8) protection of unique or fragile natural areas; and
(9) continuation of opportunities for traditional
recreation.
SEC. 4. NORTHERN FOREST RESEARCH COOPERATIVE.
At the request of the Governor of the State of Maine, New
Hampshire, New York, or Vermont, the Secretary of Agriculture (acting
through the Northeastern Forest Experiment Station and the Chief of the
Forest Service) may work with the State, the land grant universities of
the State, natural resource and forestry schools, other Federal
agencies, and other interested parties in assisting the State in
coordinating ecological and economic research, including--
(1) research on ecosystem health, forest management,
product development, economics, and related fields;
(2) research to help achieve the principles of
sustainability described in section 3 as recommended by the
Northern Forest Lands Council;
(3) technology transfer to the wood products industry on
efficient processing, pollution prevention, and energy
conservation;
(4) dissemination of existing and new information to
landowners, public and private resource managers, State forest
citizen advisory committees, and the general public through
professional associations, publications, and other information
clearinghouse activities; and
(5) analysis of strategies for the protection of areas of
outstanding ecological significance, high biodiversity, and the
provision of important recreational opportunities, including
strategies for areas identified through State land acquisition
planning processes.
SEC. 5. INTERSTATE COORDINATION STRATEGY.
At the request of the Governors of the States of Maine, New
Hampshire, New York, and Vermont, the Secretary of Agriculture (acting
through the Chief of the Forest Service) may make a representative of
the State and Private Forest Program available to meet with
representatives of the States to coordinate the implementation of
Federal and State policy recommendations issued by the Northern Forest
Lands Council and other policies agreed to by the States.
SEC. 6. LAND CONSERVATION.
(a) Federal Assistance.--At the request of the Governor of the
State of Maine, New Hampshire, Vermont, or New York, the Secretary of
Agriculture (acting through the Chief of the Forest Service) and the
Secretary of the Interior (acting through the Director of the National
Park Service and Director of the United States Fish and Wildlife
Service) may provide technical and financial assistance for a State-
managed public land acquisition planning process and land acquisition
initiatives directed by the State.
(b) Program Development.--The planning process for a State
described in subsection (a) shall establish a goal-oriented land
conservation program that includes--
(1) identification of, and setting of priorities for the
acquisition of, fee or less-than-fee interests in exceptional
and important lands, in accordance with criteria that include--
(A) places offering outstanding recreational
opportunities, including locations for hunting,
fishing, trapping, hiking, camping, and other forms of
back-country recreation;
(B) recreational access to river and lake
shorelines;
(C) land supporting vital ecological functions and
values;
(D) habitats for rare, threatened, or endangered
natural communities, plants, and wildlife;
(E) areas of outstanding scenic value and
significant geological features; and
(F) working private forest lands that are of such
significance or so threatened by conversion that
conservation easements should be purchased;
(2) acquisition of land and interests in land only from
willing sellers, with community support consistent with
Federal, State, and local laws applicable in each State on the
date of enactment of this Act;
(3) involvement of local governments and landowners in the
planning process in a meaningful way that acknowledges their
concerns about public land acquisition;
(4) recognition that zoning, while an important land use
mechanism, is not an appropriate substitution for acquisition;
(5) assurances that unilateral eminent domain will be used
only with the consent of the landowner to clear title and
establish purchase prices;
(6) efficient use of public funds by purchasing only the
rights necessary to best identify and protect exceptional
values;
(7) consideration of the potential impacts and benefits of
land and easement acquisition on local and regional economies;
(8) consideration of the necessity of including costs of
future public land management in the assessment of overall
costs of acquisition;
(9) minimization of adverse tax consequences to
municipalities by making funds available to continue to pay
property taxes based at least on current use valuation of
parcels acquired, payments in lieu of taxes, user fee revenues,
or other benefits, where appropriate;
(10) identification of the potential for exchanging public
land for privately held land of greater public value; and
(11) assurances that any land or interests inland that are
acquired are used and managed for their intended purposes.
(c) Willing Seller.--No Federal funds made available to carry out
this Act may be expended for acquisition of private or public property
unless the owner of the property willingly offers the property for
sale.
(d) Land Acquisition.--
(1) Funding.--After completion of the planning process
under subsection (b), a Federal and State cooperative land
acquisition project under this Act may be carried out with
funding provided exclusively by the Federal Government or with
funding provided by both the Federal Government and a State
government.
(2) Objectives.--A cooperative land acquisition project
funded under this Act shall promote State land conservation
objectives that correspond with Federal goals and the
recommendations of the Northern Forest Lands Council.
(e) Complementary Program.--The Secretary of the Interior shall
conduct activities under this section as a complement to the State
Comprehensive Outdoor Recreation Plan for each Northern Forest State in
existence on the date of enactment of this section.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
under sections 5 and 6 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-7, 460l-8) such sums as are
necessary to carry out the purposes described in this
subsection.
(2) Effect on apportionment.--Apportionment among the
States under section 5(b) of the Act (16 U.S.C. 460l-8(b))
shall be from funds not appropriated under paragraph (1).
SEC. 7. SENSE OF CONGRESS CONCERNING FEDERAL TAX POLICY.
It is the sense of Congress that--
(1) certain Federal tax policies work against the long-term
ownership, management, and conservation of forest land in the
Northern Forest region; and
(2) Congress and the President should enact additional
legislation to address those tax policies as soon as possible.
SEC. 8. LANDOWNER LIABILITY EXEMPTION.
(a) Findings.--Congress finds that--
(1) many landowners keep their land open and available for
responsible recreation; and
(2) private lands help provide important forest-based
recreation opportunities for the public in the Northern Forest
region.
(b) Sense of Congress.--It is the sense of Congress that States and
other interested persons should pursue initiatives that--
(1) strengthen relief-from-liability laws to protect
landowners that allow responsible public recreational use of
their lands;
(2) update relief-from-liability laws to establish hold-
harmless mechanisms for landowners that open their land to
public use, including provision for payment by the State of the
costs of a landowner's defense against personal injury suits
and of the costs of repairing property damage and removing
litter;
(3) provide additional reductions in property taxes for
landowners that allow responsible public recreational use of
their lands;
(4) provide for purchases by the State of land in fee and
of temporary and permanent recreation easements and leases,
including rights of access;
(5) foster State and private cooperative recreation
agreements;
(6) create recreation coordinator and landowner liaison and
remote ranger positions in State government to assist in the
management of public use of private lands and provide
recreation opportunities and other similar services;
(7) strengthen enforcement of trespass, antilittering, and
antidumping laws;
(8) improve recreation user education programs; and
(9) improve capacity in State park and recreation agencies
to measure recreational use (including types, amounts,
locations, and concentrations of use) and identify and address
trends in use before the trends create problems.
SEC. 9. NONGAME CONSERVATION.
(a) Findings.--Congress finds that--
(1) private landowners often manage their lands in ways
that produce a variety of public benefits, including wildlife
habitat; and
(2) there should be more incentives for private landowners
to exceed current forest management standards and
responsibilities under Federal laws.
(b) Sense of Congress.--It is the sense of Congress that Congress
should make it a priority to consider legislation that creates a
funding mechanism to support the conservation of nongame fish and
wildlife and associated recreation activities on public and private
lands and does not replace, substitute, or duplicate existing laws that
support game fish and wildlife.
SEC. 10. WATER QUALITY.
At the request of the Governor of the State of Maine, New
Hampshire, New York, or Vermont, the Administrator of the Environmental
Protection Agency, in cooperation with the Secretary of Agriculture and
the Secretary of the Interior, may provide technical and financial
assistance to assess water quality trends within the Northern Forest
region.
SEC. 11. RURAL COMMUNITY ASSISTANCE.
(a) In General.--At the request of the Governor of the State of
Maine, New Hampshire, New York, or Vermont, the Secretary of
Agriculture may provide technical and financial assistance to the
State, working in partnership with the forest products industry, local
communities, and other interests to develop technical and marketing
capacity within rural communities for realizing value-added
opportunities in the forest products sector.
(b) Rural Community Assistance Program.--Sufficient funds from the
rural community assistance program under subsection (a) shall be
directed to support State-based public and private initiatives to--
(1) strengthen partnerships between the public and private
sectors and enhance the viability of rural communities;
(2) develop technical capacity in the utilization and
marketing of value-added forest products; and
(3) develop extension capacity in delivering utilization
and marketing information to forest-based businesses.
SEC. 12. NO NEW AUTHORITY TO REGULATE LAND USE.
Nothing in this Act creates new authority in any Federal agency to
regulate the use of private or public land in any State.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out sections 3, 4, 5, 6, 10, and 11 of this Act and section
2371 of the Rural Economic Development Act of 1990 (7 U.S.C. 6601) in
the States of Maine, New Hampshire, New York, and Vermont.
|
Northern Forest Stewardship Act - Authorizes the Secretary of Agriculture, at the request of the Governor of Maine, New Hampshire, New York, or Vermont, to: (1) provide technical assistance for sustainable forest management; (2) assist in coordinating ecological and economic research and implementation of interstate and Northern Forest Lands Council policies; (3) provide technical and financial assistance for State conservation land planning and acquisition (authorizes appropriations), and rural community assistance.
Expresses the sense of the Congress regarding: (1) the need to address certain tax policies that work against Northern Forest conservation; (2) liability exemption for private landowners who permit public use of their land; and (3) nongame conservation funding.
Authorizes the Administrator of the Environmental Protection Agency, at the request of the Governor of Maine, New Hampshire, New York, or Vermont, to provide technical and financial assistance for Northern Forest water quality assessment.
Authorizes specified appropriations.
|
{"src": "billsum_train", "title": "Northern Forest Stewardship Act"}
| 2,926 | 192 | 0.665556 | 1.958502 | 0.975292 | 3.967742 | 15.295699 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Fund Act of
2002''.
TITLE I--DESIGNATION OF AMOUNTS FOR HOMELAND SECURITY; HOMELAND
SECURITY FUND
SEC. 101. DESIGNATION OF AMOUNTS FOR HOMELAND SECURITY.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR HOMELAND SECURITY
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every taxpayer whose adjusted income tax
liability for the taxable year is $3 or more may designate that $3 be
paid over to the Homeland Security Fund.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
``(c) Special Rules.--
``(1) Designation of income tax liability.--
``(A) Joint returns.--In the case of a joint return
having an adjusted income tax liability of $6 or more,
each spouse may designate that $3 be paid over to the
Homeland Security Fund.
``(B) Adjusted income tax liability.--For purposes
of this section, the term `adjusted income tax
liability' means income tax liability (as defined in
section 6096(b)) reduced by any amount designated under
section 6096 (relating to designation of income tax
payments to Presidential Election Campaign Fund).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for Homeland
Security.''
(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. 102. HOMELAND SECURITY FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. HOMELAND SECURITY FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Homeland Security
Fund', consisting of such amounts as may be appropriated or credited to
such Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Homeland Security Fund amounts equivalent to the amounts designated
under section 6097 (relating to designation for homeland security).
``(c) Expenditures.--Amounts in the Homeland Security Fund shall be
available, as provided in appropriation Acts, for making expenditures
before January 1, 2007, for purposes of--
``(1) adapting public health infrastructure to new threats,
``(2) securing all modes of transportation,
``(3) protecting America's physical and informational
infrastructure,
``(4) providing law enforcement with the technology to
effectively combat terrorism,
``(5) improving interagency and intergovernmental
coordination, prevention and response, and
``(6) preventing proliferation of weapons of mass
destruction and preparing the military to effectively fight
terrorism.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Homeland Security Fund.''
TITLE II--OFFICE OF HOMELAND SECURITY
SEC. 201. OFFICE OF HOMELAND SECURITY.
There is established within the Executive Office of the President
an office to be known as the ``Office of Homeland Security'' (in this
title referred to as the ``Office'').
SEC. 202. DIRECTOR OF HOMELAND SECURITY.
(a) Director.--The head of the Office shall be the Director of the
Office of Homeland Security, who shall be appointed by the President,
by and with the advice and consent of the Senate. The President shall
ensure that the Director functions as a cabinet-level official.
(b) Executive Schedule I Pay Rate for Director.--Section 5312 of
title 5, United States Code, is amended by inserting after the item
relating to the Director of National Drug Control Policy the following
new item:
``Director of the Office of Homeland Security.''.
SEC. 203. RESPONSIBILITIES.
Subject to the direction and control of the President, the
responsibilities of the Director shall include the following:
(1) Directing, in consultation with appropriate Federal and
State agencies and Congress, the creation of a national
strategy for homeland security, as provided in section 204, to
include all aspects of prevention and response to terrorist
activities.
(2) Developing, reviewing, and approving, in collaboration
with the Director of the Office of Management and Budget, a
national budget for homeland security and the allocation of
amounts in the Homeland Security Fund among the purposes
specified in section 9511(c) of the Internal Revenue Code of
1986.
(3) Reviewing programs, plans and activities of the
relevant Federal agencies to insure effective implementation of
the national homeland security strategy.
(4) Coordinating the planning and implementation of all
Federal homeland security activities with relevant Federal
agencies for the purposes of removing unnecessary duplication
and gaps in counterterrorism activities.
(5) Certifying as part of the budget submission of the
President to Congress the relevance and accuracy of
counterterrorism budgets from Federal agencies and rejecting
budget requests not consistent with the national homeland
security strategy.
(6) Directing and reviewing the development of a
comprehensive national assessment on the threat to homeland
security, which shall be conducted by the heads of relevant
Federal agencies.
(7) Overseeing the appropriate sharing of information among
Federal, State, and local agencies involved in intelligence
collection and law enforcement for the purpose of protecting
homeland security.
(8) Establishing a center within the Office to analyze and
publicize as appropriate lessons learned from homeland security
exercises conducted by Federal, State, and local government
agencies and other organizations involved in terrorism
response.
(9) Consulting regularly with Congress on all issues
relating to homeland security.
(10) Attending meetings of the President's cabinet and the
National Security Council relating to counterterrorism and
homeland security.
(11) Serving as the President's principal spokesperson on
issues relevant to homeland security.
SEC. 204. NATIONAL HOMELAND SECURITY STRATEGY.
The national homeland security strategy created under section 203
shall include the following:
(1) A comprehensive research, development, and procurement
plan for supporting homeland security.
(2) Mechanisms to insure the flexibility and mobility in
Federal personnel policies and practices to achieve maximum
effective use of personnel among all concerned agencies.
(3) Policies and procedures to maximize the collection,
analysis, translation, exploitation, and dissemination of,
throughout the Federal Government and with State and local
authorities, information relevant to homeland security
concerns.
(4) Plans for improving the resources of, coordination
among, and effectiveness of health and medical sectors for
detecting and responding to terrorist attacks on the homeland.
(5) Specific measures to enhance cooperative efforts
between the public and private sectors in protecting homeland
security.
SEC. 205. OFFICERS AND STAFF OF OFFICE.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees, and may detail
employees from other agencies, as necessary to carry out the functions
of the Office. Such employees shall include individuals with relevant
State and local expertise.
SEC. 206. ANNUAL REPORTS.
The Director shall submit to the Congress annual reports of the
activities of the Office in carrying out the responsibilities specified
in section 203.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such amounts as are
necessary to carry out this title.
|
Homeland Security Fund Act of 2002 - Amends the Federal Internal Revenue Code to authorize each taxpayer to designate $3 of tax liability to a Homeland Security Fund established by this Act. Authorizes disbursements from the fund prior to January 1, 2007, for a variety of purposes, including: (1) helping law enforcement battle terrorism; (2) securing all modes of transportation; and (3) preventing proliferation of weapons of mass destruction and helping the military to fight terrorism.Establishes an Office of Homeland Security, to be headed by a Director of Homeland Security. Grants the Director cabinet-level status. Assigns the Director tasks coordinating the effort by the Federal, State, and local governments to safeguard the nation from terrorism. Directs the Director, among other tasks, to: (1) develop a national strategy for homeland security in consultation with Congress and Federal and State agencies; and (2) establish a national budget for homeland security in collaboration with the Director of the Office of Management and Budget.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow taxpayers to designate $3 of their income tax liability for purposes of homeland security and further to establish an Office of Homeland Security within the Executive Office of the President."}
| 1,946 | 211 | 0.463555 | 1.20963 | 0.704714 | 3.020725 | 9.290155 | 0.875648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microbicide Development Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Sexually transmitted diseases (``STDs'') and the human
immunodeficiency virus (``HIV'') are producing serious and
costly epidemics of infectious disease in populations
worldwide.
(2) This year, 15,400,000 people in the United States will
acquire a new STD.
(3) Globally, 36,100,000 people are infected with HIV, with
more than 15,000 new infections occurring daily.
(4) Racial and ethnic minorities have been
disproportionately infected with STDs, especially HIV. For
example, although together African American and Latina women
represent roughly 25 percent of the total U.S. female
population, they account for 77 percent of all reported female
HIV cases.
(5) STDs cause serious, costly, even deadly conditions for
women and their children: infertility, pregnancy complications,
cervical cancer, infant mortality, and higher risk of
contracting HIV.
(6) Estimated annual costs of STDs and their complications
in the United States range from $8,400,000,000 in direct
medical costs to nearly $20,000,000,000, including out-of-
pocket costs and lost productivity.
(7) Microbicides are a promising new technology for STD and
HIV prevention.
(8) Microbicides are user-controlled products that could
kill or inactivate the bacteria and viruses that cause STDs and
HIV.
(9) Microbicides would fill a critical gap in the array of
STD-prevention technologies, first as an important backup or
alternative to the condom, and second, as a technology that,
unlike most vaccines, could offer protection against various
STDs, not just HIV.
(10) Several potential microbicides are poised for
successful development; more than 20 products are in clinical
trials and nearly 35 promising compounds exist that could be
investigated further.
(11) Studies into the market potential for microbicides
indicate that they would have broad appeal. One nationally
representative survey indicated that at least 21,000,000
sexually active women in the United States would be interested
in such products, if they were available.
(12) Federal support for microbicide research and
development is crucial.
(13) At present, there appear to be insufficient perceived
economic incentives for pharmaceutical companies to become
actively engaged in microbicide research and development.
(14) Numerous small biotechnology companies and university
researchers are actively engaged in microbicide research, but
they are almost totally dependent on public-sector grants to
continue their work and test their products.
(15) Despite public health need and tremendous scientific
opportunity, microbicide research and development currently
receives less than 1 percent of the Federal HIV research
budget--not nearly enough to keep pace with the raging STD and
HIV epidemics.
(16) Existing public sector grants for microbicides are too
small and too short-term to move product leads forward, and the
availability of clinical trial sites is limited by funding
constraints.
(17) There is a backlog in the research and development
pipeline, so that innovative and promising product concepts are
languishing, while infection rates are growing.
(18) For significant progress to be made, the current
amount of Federal investment needs to increase to $75,000,000
in fiscal year 2002, to $100,000,000 in fiscal year 2003, with
$100,000,000 yearly in the successive out-years as required, in
order to sustain multiyear funding at a productive level.
TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH
SEC. 101. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES;
PROGRAM REGARDING MICROBICIDES FOR PREVENTING
TRANSMISSION OF HIV AND OTHER SEXUALLY TRANSMITTED
DISEASES.
Subpart 6 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285f et seq.) is amended by adding at the end the following
section:
``microbicides for preventing transmission of hiv and other sexually
transmitted diseases
``Sec. 447C. (a) Expansion and Coordination of Activities.--The
Director of the Institute shall expand, intensify, and coordinate the
activities of the Institute with respect to research on the development
of microbicides to prevent the transmission of HIV and other sexually
transmitted diseases (in this section referred to as `microbicide
research').
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities under subsection (a) among
all appropriate institutes and components of the National Institutes of
Health to the extent such institutes and components have
responsibilities that are related to the development of microbicides.
``(c) Research Plan.--
``(1) In general.--The Director of the Institute, acting in
consultation with the Director of the Office of AIDS Research,
shall develop a comprehensive research plan for the conduct and
support of research and development of microbicides (in this
section referred to as the `Research Plan'), and shall annually
review and as appropriate revise the plan.
``(2) Requirements.--The Research Plan shall--
``(A) identify current microbicide research and
development activities conducted or supported by the
National Institutes of Health, including a description
of each current grant and contract mechanism explicitly
designed to facilitate microbicide research, including
support for preclinical product development and
clinical trial capacity; and
``(B) describe microbicide research and development
opportunities for the five year period beginning six
months after the date of the enactment of the
Microbicide Development Act of 2001, including
professional judgment funding projections, description
of objectives with respect to microbicide research,
description of the institutes involved and their role
in microbicide research, plans for enhancing the
capacity of such institutes to carry out the research
opportunities, including staffing and resources
necessary for carrying out the activities of this
section, and discussion of plans for increasing number
of investigators in this area of research.
``(3) Consultation.--In developing the Research Plan, the
Director of the Institute shall work in close consultation with
all appropriate institutes and components at the National
Institutes for Health that have responsibilities that are
related to the development of microbicides, with the
microbicide research community, and with health advocates.
``(4) Submission of initial plan to president and
congress.--
``(A) In general.--The initial Research Plan shall
be developed not later than six months after the date
of the enactment of the Microbicide Development Act of
2001. The Director of the Institute shall transmit such
Plan to the Director of NIH, who shall submit the Plan
to the President and the Congress.
``(B) Relation to requirement of biennial nih
report.--Subparagraph (A) shall be carried out
independently of the process of reporting that is
required in section 403.
``(d) Program for Microbicide Development.--
``(1) In general.--In carrying out subsection (a), the
Director of the Institute shall establish a program to support
research to develop microbicides that can substantially reduce
transmission of HIV and other sexually transmitted diseases.
Activities under such program shall provide for an expansion
and intensification of the conduct and support of--
``(A) basic research on the initial mechanisms of
infection by sexually transmitted pathogens;
``(B) development of appropriate animal models for
evaluating safety and efficacy of microbicides;
``(C) development of formulation and delivery
approaches;
``(D) research on targeted designs of microbicides;
``(E) manufacture of candidate products for testing
in animals and humans;
``(F) conduct of HIV incidence and microbicide
feasibility studies;
``(G) evaluation of microbicides in clinical
trials, both domestically and internationally; and
``(H) behavioral research on use, acceptability,
and adherence to microbicides.
``(2) Research branch.--The Director of the Institute shall
establish, within the Vaccine and Prevention Research Program
of the Division of AIDS in the Institute, an organizational
unit to be known as the Microbicide Research Branch. Such
Branch shall carry out the program under this subsection.
``(e) Construction of Facilities.--The Director of the Institute
may make awards of grants and contracts to public and nonprofit private
entities for the construction of facilities to conduct microbicide
research, including clinical trials.
``(f) Centers for Microbicide Research and Development.--
``(1) In general.--The Director of the Institute, after
consultation with the advisory council for the Institute, and
in consultation with the Director of the Office of AIDS
Research, shall make awards of grants or contracts to public
and nonprofit private entities for the development and
operation of not less than four multidisciplinary research
centers to conduct microbicide research.
``(2) Requirements.--Each center assisted under this
subsection shall--
``(A) use the facilities of a single institution,
or be formed from a consortium of cooperating
institutions, meeting such requirements as may be
prescribed by the Director of the Institute; and
``(B) conduct basic research on muscosal
transmission to design novel microbicide strategies for
the prevention of HIV and STD infection, including
research into HIV and STD pathogenesis, reproductive
tract biology and toxicology, concept testing in animal
models, and formulation and delivery design.
``(g) Report to Congress.--Not later than one year after the date
of the initial submission of the Research Plan under subsection (c)(1),
and annually thereafter, the Director of the Institute shall submit to
the Committee on Energy and Commerce in the House of Representatives
and the Committee on Health, Education, Labor and Pensions in the
Senate a report that describes the activities of the Institute
regarding microbicide research. Each such report shall include--
``(1) an updated Research Plan, including professional
judgment funding projections;
``(2) an assessment of the implementation of such plan;
``(3) a description and evaluation of the progress made,
during the period for which such report is prepared, in the
research on microbicides;
``(4) a summary and analysis of expenditures made, during
the period for which the report is made, for activities with
respect to microbicides research conducted and supported by the
National Institutes of Health, including the number of full-
time equivalent employees; and
``(5) such comments and recommendations as the Director of
the Institute considers appropriate.
``(h) Coordination With Other Federal Agencies.--The Director of
the Institute shall consult with the Director for the Centers for
Disease Control and Prevention and the United States Agency for
International Development in developing the Research Plan that takes
into consideration research on HIV and other sexually transmitted
diseases and microbicides carried out at the Centers for Disease
Control and Prevention and the United States Agency for International
Development.
``(i) Definition.--For purposes of this section, the term `HIV'
means the human immunodeficiency virus. Such term includes acquired
immune deficiency syndrome.
``(j) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2002 through
2004.''.
TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION
SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV AND OTHER
SEXUALLY TRANSMITTED DISEASES.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317P the following
section:
``microbicides for preventing transmission of hiv and other sexually
transmitted diseases
``Sec. 317Q. (a) Expansion and Coordination of Microbicide Research
Activities.--The Secretary, acting through the Director of the Centers
for Disease Control and Prevention, shall expand, intensify, and
coordinate the activities of such Centers with respect to research on
microbicides to prevent the transmission of HIV and other sexually
transmitted diseases.
``(b) Grants Regarding Microbicide Research.--In order to
contribute to the rapid evaluation of safe and effective microbicides
for the prevention of HIV and other sexually transmitted diseases, the
Secretary may in carrying out subsection (a) make grants to public and
nonprofit private entities for the purpose of--
``(1) laboratory research in preparation for, and support
of, clinical microbicide trials;
``(2) conducting behavioral research in preparation for,
and support of, clinical microbicide trials;
``(3) developing and characterizing domestic populations
and international cohorts appropriate for Phase I, II, and III
clinical trials of candidate topical microbicides;
``(4) conducting Phase I and II clinical trials to assess
the safety and acceptability of candidate microbicides;
``(5) conducting Phase III clinical trials to assess the
efficacy of candidate microbicides;
``(6) provide technical assistance to, and consultation
with, a wide variety of domestic and international entities
involved in developing and evaluating topical microbicides,
including health agencies, extramural researchers, industry,
health advocates, and non-profit organizations; and
``(7) developing and evaluating the diffusion and effects
of implementation strategies for use of effective topical
microbicides.
``(c) Selection of Agents and Trial Designs; Coordination With
Other Agencies.--In coordination and collaboration with the Director of
the National Institutes of Health and the Administrator of the United
States Agency for International Development, the Secretary shall select
agents and trial designs, develop clinical trial capacity as described
in subsection (b), share experience, and avoid duplication of effort.
``(d) Annual Reports.--Not later than six months after the date of
the enactment of the Microbicide Development Act of 2001, and annually
thereafter, the Secretary shall submit to the Energy and Commerce
Committee in the House of Representatives and the Health, Education,
Labor and Pensions Committee in the Senate a report on the activities
carried out under this section by the Secretary. Each such report shall
include--
``(1) description of research with respect to microbicide
research and development;
``(2) description and evaluation of the progress made,
during the period for which such report is prepared, in the
research on microbicides; and
``(3) summary and analysis of expenditures made, during the
period for which the report is made, for activities with
respect to microbicides conducted and supported by the Centers
for Disease Control and Prevention.
``(e) Definition.--For the purposes of this section, the term `HIV'
means the human immunodeficiency virus. Such term includes acquired
immune deficiency syndrome.
``(f) Authorization of Appropriations.--For the purposes of
carrying out this section, there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2002 through
2004.''.
|
Microbicide Development Act of 2001 - Amends the Public Health Service Act to direct the Director of the National Institute of Allergy and Infectious Diseases to expand, intensify, and coordinate the activities of the Institute with respect to research on the development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases.Directs the Secretary of Health and Human Services to expand, intensify, and coordinate the activities of such Centers with respect to research on microbicides to prevent the transmission of HIV and other sexually transmitted diseases.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to facilitating the development of microbicides for preventing transmission of HIV and other sexually transmitted diseases."}
| 3,318 | 120 | 0.385732 | 1.096572 | 0.479129 | 7.010417 | 31.447917 | 0.96875 |
SECTION 1. THRIFT SAVINGS PLAN CATCH-UP CONTRIBUTIONS.
(a) Civil Service Retirement System.--Paragraph (2) of section
8351(b) of title 5, United States Code, is amended by adding at the end
the following:
``(C) Notwithstanding any limitation under this paragraph, an
eligible participant (as defined by section 414(v) of the Internal
Revenue Code of 1986) may make such additional contributions to the
Thrift Savings Fund as are permitted by such section 414(v) and
regulations of the Executive Director consistent therewith.''.
(b) Federal Employees' Retirement System.--
(1) Provision applicable to employees generally.--Subsection
(a) of section 8432 of title 5, United States Code, is amended by
adding at the end the following:
``(3) Notwithstanding any limitation under this subsection, an
eligible participant (as defined by section 414(v) of the Internal
Revenue Code of 1986) may make such additional contributions to the
Thrift Savings Fund as are permitted by such section 414(v) and
regulations of the Executive Director consistent therewith.''.
(2) Provision applicable to certain other individuals.--Section
8440f of title 5, United States Code, is amended--
(A) by striking ``The maximum'' and inserting ``(a) The
maximum''; and
(B) by adding at the end the following:
``(b) Notwithstanding any limitation under this section, an
eligible participant (as defined by section 414(v) of the Internal
Revenue Code of 1986) may make such additional contributions to the
Thrift Savings Fund as are permitted by such section 414(v) and
regulations of the Executive Director consistent therewith.''.
(c) Effective Date.--The amendments made by this section shall take
effect as of the earliest practicable date, as determined by the
Executive Director (appointed under section 8474(a) of title 5, United
States Code) in regulations.
SEC. 2. REAUTHORIZATION OF MERIT SYSTEM PROTECTION BOARD AND OFFICE OF
SPECIAL COUNSEL.
(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``1998, 1999, 2000, 2001 and 2002'' and inserting ``2003,
2004, 2005, 2006, and 2007''.
(b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``1993, 1994, 1995, 1996, and 1997,'' and inserting ``2003,
2004, 2005, 2006, and 2007''.
(c) Effective Date.--This section shall be effective as of October
1, 2002.
SEC. 3. DISCLOSURE OF VIOLATIONS OF LAW; RETURN OF DOCUMENTS.
Section 1213(g) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the last sentence; and
(2) by striking paragraph (3) and inserting the following:
``(3) If the Special Counsel does not transmit the information to
the head of the agency under paragraph (2), the Special Counsel shall
inform the individual of--
``(A) the reasons why the disclosure may not be further acted
on under this chapter; and
``(B) other offices available for receiving disclosures, should
the individual wish to pursue the matter further.''.
SEC. 4. CONTINUATION OF HEALTH BENEFITS COVERAGE FOR INDIVIDUALS
ENROLLED IN A PLAN ADMINISTERED BY THE OVERSEAS PRIVATE
INVESTMENT CORPORATION.
(a) Enrollment in Chapter 89 Plan.--For purposes of the
administration of chapter 89 of title 5, United States Code, any period
of enrollment under a health benefits plan administered by the Overseas
Private Investment Corporation before the effective date of this Act
shall be deemed to be a period of enrollment in a health benefits plan
under chapter 89 of such title.
(b) Continued Coverage.--
(1) In general.--Any individual who, as of the enrollment
eligibility date, is covered by a health benefits plan administered
by the Overseas Private Investment Corporation may enroll in an
approved health benefits plan described under section 8903 or 8903a
of title 5, United States Code--
(A) either as an individual or for self and family, if such
individual is an employee, annuitant, or former spouse as
defined under section 8901 of such title; and
(B) for coverage effective on and after such date.
(2) Individuals currently under continued coverage.--An
individual who, as of the enrollment eligibility date, is entitled
to continued coverage under a health benefits plan administered by
the Overseas Private Investment Corporation--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of title 5, United States Code, for the
same period that would have been permitted under the plan
administered by the Overseas Private Investment Corporation;
and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a of such title for coverage
effective on and after such date.
(3) Unmarried dependent children.--An individual who, as of the
enrollment eligibility date, is covered as an unmarried dependent
child under a health benefits plan administered by the Overseas
Private Investment Corporation and who is not a member of family as
defined under section 8901(5) of title 5, United States Code--
(A) shall be deemed to be entitled to continued coverage
under section 8905a of such title as though the individual had
ceased to meet the requirements for being considered an
unmarried dependent child under chapter 89 of such title as of
such date; and
(B) may enroll in an approved health benefits plan
described under section 8903 or 8903a of such title in
accordance with section 8905a for continued coverage effective
on and after such date.
(c) Transfers to the Employees Health Benefits Fund.--
(1) In general.--The Overseas Private Investment Corporation
shall transfer to the Employees Health Benefits Fund established
under section 8909 of title 5, United States Code, amounts
determined by the Director of the Office of Personnel Management,
after consultation with the Overseas Private Investment
Corporation, to be necessary to reimburse the Fund for the cost of
providing benefits under this section not otherwise paid for by the
individuals covered by this section.
(2) Availability of funds.--The amounts transferred under
paragraph (1) shall be held in the Fund and used by the Office in
addition to amounts available under section 8906(g)(1) of title 5,
United States Code.
(d) Administration and Regulations.--The Office of Personnel
Management--
(1) shall administer this section to provide for--
(A) a period of notice and open enrollment for individuals
affected by this section; and
(B) no lapse of health coverage for individuals who enroll
in a health benefits plan under chapter 89 of title 5, United
States Code, in accordance with this section; and
(2) may prescribe regulations to implement this section.
(e) Enrollment Eligibility Date.--For purposes of this section, the
term ``enrollment eligibility date'' means the last day on which
coverage under a health benefits plan administered by the Overseas
Private Investment Corporation is available. Such date shall be
determined by the Office of Personnel Management in consultation with
the Overseas Private Investment Corporation.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
(Sec. 1) Allows certain eligible participants in the Civil Service Retirement System and the Federal Employees Retirement System (FERS) to make such additional contributions to the Thrift Savings Plan as are permitted by: (1) provisions of the Internal Revenue Code pertaining to catch-up contributions to pension, profit-sharing, and/or stock bonus plans for individuals age 50 and over; and (2) consistent with regulations of the Executive Director of the Federal Retirement Thrift Investment Board. Applies such provisions with respect to justices and judges of the United States, bankruptcy and magistrate judges, Court of Federal Claims judges, judges of the United States Court of Appeals for Veterans Claims, and members of the uniformed services who are enrolled in FERS.(Sec. 2) Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY 2003 through 2007 for the Merit Systems Protection Board (Board) and the Office of Special Counsel.(Sec. 3) Repeals the requirement that the Special Counsel return any documents and other matter provided by a Federal employee, former employee, or applicant who made a disclosure of a violation of law or of waste, fraud, or abuse when the Special Counsel does not transmit the information to the head of the agency which the information concerns.(Sec. 4) Deems any period of enrollment under a health benefits plan administered by the Overseas Private Investment Corporation before the effective date of this Act to be a period of enrollment in a Federal health benefits plan for purposes of the administration of Federal health benefits coverage. Allows any individual who, as of the enrollment eligibility date, is covered by a Corporation-administered plan to enroll in an approved Federal health benefits plan for continued coverage after such date, including individuals currently under a continued coverage period and unmarried dependent children. Defines "enrollment eligibility date" to mean the last day on which coverage under a health benefits plan administered by the Corporation is available.Requires the: (1) Corporation to transfer to the Employees Health Benefits Fund amounts necessary for reimbursement for the costs of such continued coverage; and (2) Office of Personnel Management to provide for a period of notice and open enrollment for such coverage.
|
{"src": "billsum_train", "title": "To amend title 5, United States Code, to allow certain catch-up contributions to the Thrift Savings Plan to be made by participants age 50 or over."}
| 1,722 | 484 | 0.497598 | 1.712143 | 0.758581 | 3.244499 | 3.677262 | 0.848411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Privacy and
Nondiscrimination Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The DNA molecule contains information about an
individual's probable medical future.
(2) Genetic information is uniquely private and personal
information that should not be disclosed without the
authorization of the individual.
(3) The improper disclosure of genetic information can lead
to significant harm to the individual, including stigmatization
and discrimination in areas such as employment, education,
health care and insurance.
(4) An analysis of an individual's DNA provides information
not only about an individual, but also about the individual's
parents, siblings and children.
(5) Current legal protections for genetic information,
tissue samples and DNA samples are inadequate to protect
genetic privacy, and require further attention.
(6) Laws for the collection, storage and use of
identifiable DNA samples and private genetic information
obtained from those samples are needed both to protect
individual privacy and to permit legitimate genetic research.
(b) Purposes.--It is the purpose of this Act to--
(1) define the rights of individuals whose genetic
information is disclosed;
(2) define the circumstances under which an individual's
genetic information may be disclosed; and
(3) protect against discrimination by an insurer or
employer based upon an individual's genetic information.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) DNA.--The term ``DNA'' means deoxyribonucleic acid.
(2) DNA sample.--The term ``DNA sample'' means any human
biological specimen from which DNA can be extracted, or the DNA
extracted from such specimen.
(3) Employer.--The term ``employer'' has the same meaning
given such term in section 3(d) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 203(d)).
(4) Genetic information.--The term ``genetic information''
means the information about genes, gene products or inherited
characteristics that may derive from an individual or a family
member.
(5) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual, including tests of nucleic
acids such as DNA, RNA and mitochondrial DNA, chromosomes or
proteins in order to diagnose a genetic characteristic.
(6) Insurer.--The term ``insurer'' means an insurance
company, health care service contractor, fraternal benefit
organization, insurance agent, third party administrator,
insurance support organization or other person subject to
regulation under State insurance laws. Such term includes self-
funded health plans and health plans regulated under the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
et seq.).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. REQUIREMENTS FOR DISCLOSURE OF GENETIC INFORMATION.
(a) Prohibition.--
(1) In general.--Except as provided in paragraph (2),
regardless of the manner in which genetic information was
received, or of the source of such information, including
information received from an individual, an entity may not
disclose or be compelled (by subpoena or any other means) to
disclose genetic information about an individual unless such
disclosure is specifically authorized by the individual
involved or the legal representative of the individual through
a written authorization which includes a description of the
information being disclosed, the name of the individual or
entity to whom the disclosure is being made, and the purpose of
the disclosure.
(2) Exceptions.--Notwithstanding paragraph (1), genetic
information concerning an individual may be disclosed if such
disclosure--
(A) is authorized under Federal or State criminal
laws relating to the identification of individuals, or
as is necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding, an
inquest, or a child fatality review by a
multidisciplinary child abuse team;
(B) is required under the specific order of a
Federal or State court;
(C) is authorized under Federal or State law for
the purpose of establishing paternity;
(D) is for the purpose of furnishing genetic
information relating to a decedent to the blood
relatives of the decedent for the purpose of medical
diagnosis; or
(E) is for the purpose of identifying bodies.
(b) Application of Section.--The prohibitions of this section shall
apply to any redisclosure by any entity after another entity has
disclosed the genetic information.
SEC. 5. PROHIBITION ON CERTAIN EMPLOYMENT PRACTICES.
(a) Discrimination as to Rights or Benefits.--No employer may seek
to obtain, obtain, or use the genetic information of an employee or a
prospective employee, or require a genetic test of an employee or
prospective employee, to distinguish between or discriminate against or
restrict any right or benefit otherwise due or available to the
employee or prospective employee.
(b) Enforcement.--The powers, remedies, and procedures set forth in
sections 705 through 709 of the Civil Rights Act of 1964 shall be the
powers, remedies, and procedures this section provides to any person
alleging a violation of this section.
SEC. 6. REQUIREMENTS RELATING TO INSURERS.
(a) General Prohibition.--An insurer offering health insurance may
not use genetic information to reject, deny, limit, cancel, refuse to
renew, increase the rates of, or otherwise affect health insurance.
(b) Prohibition on Inducement.--With respect to a genetic test
conducted in accordance with subsection (c), an insurer may not use
such a genetic test as an inducement for the purchase of insurance.
(c) Permissibility of Tests.--If an insurer requests that an
applicant for insurance (other than an applicant for health insurance)
take a genetic test in connection with an application for insurance,
the use of the results of such test shall be disclosed to the applicant
and the insurer shall obtain the specific written authorization of the
applicant for such disclosure.
(d) Application.--This section shall apply only to insurance
policies issued on or after the date of enactment of this Act, and to
the renewal of policies issued before, on, or after such date of
enactment.
SEC. 7. FURTHER RECOMMENDATION BY THE NATIONAL BIOETHICS ADVISORY
COMMISSION.
Not later than 1 year after the date of the enactment of this Act,
the National Bioethics Advisory Commission shall prepare and submit to
the appropriate committees of Congress a report containing
recommendations on--
(1) the development and implementation of standards to
provide increased protection for the collection, storage, and
use of identifiable DNA samples and genetic information
obtained from those samples; and
(2) the development and implementation of appropriate
standards for the acquisition and retention of genetic
information in all settings, including appropriate exceptions.
|
Genetic Privacy and Nondiscrimination Act of 1997 - Establishes limitations regarding genetic information disclosure and use.
Prohibits disclosure about an individual unless specifically authorized by the individual, or the individual's representative, through a written authorization that includes certain elements.
Specifies the circumstances in which disclosure is allowed.
(Sec. 5) Prohibits employment discrimination on the basis of genetic tests. Provides for enforcement through the same powers, procedures, and remedies as are provided under specified provisions of the Civil Rights Act of 1964.
(Sec. 6) Prohibits health insurance discrimination on the basis of genetic tests. Requires, if an insurer requests that an insurance applicant (other than a health insurance applicant) take a genetic test, that: (1) the use of the results of such test be disclosed to the applicant; and (2) the insurer obtain the applicant's specific written authorization for such disclosure. Prohibits an insurer from using such a genetic test as an inducement for the purchase of insurance.
(Sec. 7) Directs the National Bioethics Advisory Commission to report to congressional committees its recommendations on appropriate standards: (1) to provide increased protection for the collection, storage, and use of identifiable DNA samples and genetic information obtained from those samples; and (2) for the acquisition and retention of genetic information in all settings, including appropriate exceptions.
|
{"src": "billsum_train", "title": "Genetic Privacy and Nondiscrimination Act of 1997"}
| 1,537 | 299 | 0.631643 | 1.96389 | 0.770784 | 3.81203 | 5.244361 | 0.902256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Risk Mitigation and Price
Stabilization Act of 2011''.
SEC. 2. MARGIN RULES.
(a) Commodity Exchange Act Amendments.--The Commodity Exchange Act
(7 U.S.C. 1 et seq.) is amended--
(1) in section 1a(33)(A), as added by section 721(a)(6) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act,
by amending clause (ii) to read as follows:
``(ii) whose outstanding swaps create
substantial net counterparty exposure that
could have serious adverse effects on the
financial stability of the United States
banking system or financial markets; or''; and
(2) in section 4s(e), as added by section 731 of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, by adding
at the end the following new paragraphs:
``(4) Applicability with respect to counterparties.--The
margin requirements of this subsection shall not apply to swaps
in which 1 of the counterparties is not--
``(A) a swap dealer or major swap participant;
``(B) an investment fund that--
``(i) has issued securities, other than
debt securities, to greater than five
unaffiliated persons;
``(ii) would be an investment company (as
defined in section 3 of the Investment Company
Act of 1940 (15 U.S.C. 80a-3)) but for
paragraph (1) or (7) of section 3(c) of that
Act (15 U.S.C. 80a-3(c)); and
``(iii) is not primarily invested in
physical assets (which shall include commercial
real estate) directly or through interest in
its affiliates that own such assets;
``(C) an entity defined in section 1303(20) of the
Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502(20)); or
``(D) a commodity pool.
``(5) Margin transition rules.--Swaps entered into before
the date upon which final rules must be published under section
712(e) of the Wall Street Transparency and Accountability Act
of 2010 are exempt from the margin requirements of this
subsection.''.
(b) Securities Exchange Act of 1934 Amendments.--The Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended--
(1) in section 3(a)(67)(A), as added by section 761(a)(6)
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, by amending clause (ii) to read as follows:
``(ii) whose outstanding security-based
swaps create substantial net counterparty
exposure that could have serious adverse
effects on the financial stability of the
United States banking system or financial
markets; or''; and
(2) in section 15F(e), as added by section 764(a) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act, by
adding at the end the following new paragraphs:
``(4) Applicability with respect to counterparties.--The
margin requirements of this subsection shall not apply to
security-based swaps in which one of the counterparties is
not--
``(A) a security-based swap dealer or major
security-based swap participant;
``(B) an investment fund that would be an
investment company (as defined in section 3 of the
Investment Company Act of 1940 (15 U.S.C. 80a-3)) but
for paragraph (1) or (7) of section 3(c) of that Act
(15 U.S.C. 80a-3(c));
``(C) primarily invested in physical assets (which
shall include commercial real estate) directly or
through interest in its affiliates that own such
assets;
``(D) an entity defined in section 1303(20) of the
Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4502(20)); or
``(E) a commodity pool.
``(5) Margin transition rules.--Security-based swaps
entered into before the date upon which final rules must be
published under section 712(a)(5) of the Wall Street
Transparency and Accountability Act of 2010 are exempt from the
margin requirements of this subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Dodd-Frank Wall Street
Reform and Consumer Protection Act to which they relate.
|
Business Risk Mitigation and Price Stabilization Act of 2011 - Amends the Commodity Exchange Act (CEA) and the Securities Exchange Act of 1934 to revise the element of the definition of a major swap participant which states that the participant's outstanding swaps create substantial counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets. Specifies "net" counterparty exposure, thus stating that the major swap participant's outstanding swaps create substantial net counterparty exposure that could have serious adverse effects on the financial stability of the U.S. banking system or financial markets.
Declares capital and margin requirements governing swap dealers and major swap participants inapplicable to swaps in which one of the counterparties is not: (1) a swap dealer or major swap participant; (2) a specified kind of investment fund; (3) a commodity pool; or (4) the Federal National Mortgage Association (Fannie Mae) or any affiliate, the Federal Home Loan Mortgage Corporation (Freddie Mac) or any affiliate, or a Federal Home Loan Bank.
Exempts from margin requirements under the CEA and the Securities Exchange Act of 1934 any swaps entered into before the date upon which specified final rules must be published under the Wall Street Transparency and Accountability Act of 2010, title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
|
{"src": "billsum_train", "title": "To provide end user exemptions from certain provisions of the Commodity Exchange Act and the Securities Exchange Act of 1934, and for other purposes."}
| 1,029 | 301 | 0.683842 | 1.981745 | 0.841274 | 3.378906 | 3.484375 | 0.824219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Credit Scores Act of
2016''.
SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES.
(a) In General.--Section 609 of the Fair Credit Reporting Act (15
U.S.C. 1681g) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end and inserting a
period;
(B) by striking ``except that--'' and all that
follows through ``(A) if the'' and inserting ``except
that if the''; and
(C) by striking subparagraph (B);
(2) in subsection (a), by adding at the end the following:
``(7) If the consumer reporting agency is a consumer
reporting agency that compiles and maintains files on consumers
on a nationwide basis as described in section 603(p), each such
agency shall disclose a current credit score generated using
the scoring algorithm, formula, model, program, or mechanism
that is most frequently used to generate credit scores sold to
creditors, subject to regulations of the Bureau, along with any
information in the consumer's file at the time of the request
concerning credit scores or any other risk scores or other
predictors relating to the consumer, if such request is made in
connection with a free annual disclosure made pursuant to
section 612(a).
``(8) Such other consumer information as the Bureau
considers appropriate with respect to consumer financial
education, including the information required by subsection
(f)(1), information describing the credit score of the consumer
with respect to a range of possible credit scores, and the
general factors contributing to the credit scores of
consumers.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``, a consumer reporting
agency'' and all that follows through ``shall
include--'' and inserting ``or a risk score, a
consumer reporting agency shall supply to the
consumer--''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) any credit score or risk score in the file of
the consumer at the consumer reporting agency;'';
(B) in paragraph (2)--
(i) by redesignating subparagraph (B) as
subparagraph (C); and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Credit score.--The term `credit score' means
a numerical value or a categorization derived from a
statistical tool or modeling system used by a person
who makes or arranges a loan to predict the likelihood
of certain credit behaviors, including default.
``(B) Risk score.--The term `risk score' means a
numerical value or a categorization derived from a
statistical tool or modeling system based upon
information from a consumer report for the purpose of
predicting the likelihood of certain behaviors or
outcomes, and includes scores used for the underwriting
of insurance.'';
(C) by striking paragraph (6) and inserting the
following:
``(6) Maintenance of credit scores.--All consumer reporting
agencies shall maintain in the consumer's file credit scores or
any other risk scores or other predictors relating to the
consumer for a period of not less than 1 year beginning on the
date on which such information is generated.'';
(D) by striking paragraph (7) and redesignating
paragraphs (8) and (9) as paragraphs (7) and (8),
respectively; and
(E) in paragraph (7) (as so redesignated), by
inserting before the period at the end the following:
``, except that a consumer reporting agency described
in section 603(p) shall provide a credit score without
charge to the consumer if the consumer is requesting
the score in connection with a free annual disclosure
made pursuant to section 612(a)''.
(b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit
Reporting Act (15 U.S.C. 1681j(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``free credit report'' and
inserting ``free or low cost credit report or credit
score''; and
(B) by inserting ``and free credit scores'' after
``free credit reports''; and
(2) in paragraph (2), by inserting ``or free credit score,
as applicable,'' after ``free credit report''.
(c) Technical Corrections.--The Fair Credit Reporting Act (15
U.S.C. 1681a et seq.) is amended--
(1) in section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(2)(D), by striking ``(x)''
and inserting ``(y)'';
(B) in subsection (q)(5), by striking ``103(i)''
and inserting ``103(j)''; and
(C) in subsection (v), by striking ``Bureau'' and
inserting ``Federal Trade Commission'';
(2) in section 604 (15 U.S.C. 1681b)--
(A) in subsection (b)--
(i) in paragraph (2)(B)(i), by striking
``section 615(a)(3)'' and inserting ``section
615(a)(4)'';
(ii) in paragraph (3)(B)(ii), by striking
``clause (B)(i)(IV)'' and inserting ``clause
(i)(IV)'';
(iii) in paragraph (4)(A)(ii), by inserting
``and'' after the semicolon; and
(iv) by striking ``section 609(c)(3)'' each
place that term appears and inserting ``section
609(c)''; and
(B) in subsection (g)(5), by striking ``paragraph
(2).--'' and all that follows through ``The Bureau''
and inserting ``paragraph (2).--The Bureau'';
(3) in section 605 (15 U.S.C. 1681c)--
(A) in subsection (f), by striking ``who'' and
inserting ``which''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``shall,,'' and inserting
``shall,''; and
(ii) by striking ``Commission,,'' and
inserting ``Commission,'';
(4) in section 605A(h)(1)(A) (15 U.S.C. 1681c-1(h)(1)(A)),
by striking ``103(i)'' and inserting ``103(j)'';
(5) in section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``section 604(b)(4)(E)(i)'' and inserting ``section
604(b)(4)(D)(i)'';
(6) in section 609 (15 U.S.C. 1681g)--
(A) in subsection (a)(3)(C)(i), by striking
``section 604(b)(4)(E)(i)'' and inserting ``section
604(b)(4)(D)(i)'';
(B) in subsection (c)(1)--
(i) in the paragraph heading, by striking
``Commission'' and inserting ``Bureau''; and
(ii) in subparagraph (B)(vi), by striking
``603(w)'' and inserting ``603(x)'';
(C) in subsection (e)(2)(B)(ii)(II), by striking
``an''; and
(D) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau'';
(7) in section 610 (15 U.S.C. 1681h)--
(A) in subsection (b)(1), by inserting ``section''
after ``under''; and
(B) in subsection (e), by inserting a comma after
``on the report'';
(8) in section 611 (15 U.S.C. 1681i), by striking ``The
Commission'' each place that term appears and inserting ``The
Bureau'';
(9) in section 612 (15 U.S.C. 1681j)--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking
``(w)'' and inserting ``(x)''; and
(ii) in subparagraph (C), by striking
``603(w)'' each place that term appears and
inserting ``603(x)'';
(B) in subsection (g)(2), by striking ``televison''
and inserting ``television''; and
(C) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau''; and
(10) in section 621 (15 U.S.C. 1681s)--
(A) in subsection (a)(1), in the first sentence, by
striking ``, subsection (b)'';
(B) in subsection (e)(2), by inserting a period
after ``provisions of this title''; and
(C) in subsection (f)(2), by striking ``The
Commission'' and inserting ``The Bureau''.
|
Fair Access to Credit Scores Act of 2016 This bill amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, upon request and without charge, as part of a consumer's free annual disclosure, a current credit score generated using the scoring methodology most frequently used to generate scores sold to creditors, including information regarding other risk scores or predictors in the consumer's file. Those agencies shall also furnish any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education, including where the consumer's credit score falls with respect to a range of possible credit scores, and the general factors contributing to consumer credit scores. Upon consumer request for a credit score, a consumer reporting agency shall disclose any a credit or risk score in a consumer's file. All consumer reporting agencies shall maintain credit scores or other risk scores or predictors in the consumer's file for at least one year after the data is generated.
|
{"src": "billsum_train", "title": "Fair Access to Credit Scores Act of 2016"}
| 2,220 | 204 | 0.704143 | 1.852137 | 0.954515 | 3.43956 | 10.038462 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Injury Compensation Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United States goods and services compete in global
markets and it is necessary for trade agreements to promote
such competition.
(2) The current dispute resolution mechanism of the World
Trade Organization is designed to resolve disputes in a manner
that brings stability and predictability to world trade.
(3) When foreign countries refuse to comply with a panel or
Appellate Body report of the World Trade Organization and
violate any of the Uruguay Round Agreements, it has a
deleterious effect on the United States economy.
(4) A WTO member can retaliate against a country that
refuses to implement a panel or Appellate Body report by
imposing additional duties of up to 100 percent on goods
imported from the noncomplying country.
(5) In cases where additional duties are imposed on
imported goods, the duties should be used to provide relief to
the industry that is injured by the noncompliance.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term by section 102 (1)
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)).
(2) Injured agricultural commodity producer.--The term
``injured agricultural commodity producer'' means a domestic
producer of an agricultural commodity with respect to which a
dispute resolution proceeding has been brought before the World
Trade Organization, if the dispute resolution is resolved in
favor of the agricultural commodity producer, and the foreign
country against which the proceeding has been brought has
failed to comply with the report of the panel or Appellate Body
of the WTO.
(3) Injured producer.--The term ``injured producer'' means
a domestic producer of a product (other than an agricultural
product) with respect to which a dispute resolution proceeding
has been brought before the World Trade Organization, if the
dispute resolution is resolved in favor of the producer, and
the foreign country against which the proceeding has been
brought has failed to comply with the report of the panel or
Appellate Body of the WTO.
(4) Retaliation list.--The term ``retaliation list'' means
the list of products of a foreign country that has failed to
comply with the report of the panel or Appellate Body of the
WTO and with respect to which the United States Trade
Representative is imposing duties above the level that would
otherwise be imposed under the Harmonized Tariff Schedule of
the United States.
(5) Uruguay round agreements.--The term ``Uruguay Round
Agreements'' has the meaning given such term in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7)).
(6) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(7) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing The World Trade Organization entered
into on April 15, 1994.
(8) WTO and wto member.--The terms ``WTO'' and ``WTO
member'' have the meanings given those terms in section 2 of
the Uruguay Round Agreements Act (19 U.S.C. 3501).
SEC. 4. TRADE INJURY COMPENSATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Trade Injury Compensation
Trust Fund'' (referred to in this Act as the ``Fund'') consisting of
such amounts as may be appropriated to the Fund under subsection (b)
and any amounts credited to the Fund under subsection (c)(2).
(b) Transfer of Amounts Equivalent to Certain Duties.--
(1) In general.--There are hereby appropriated and
transferred to the Fund an amount equal to the amount received
in the Treasury as a result of the imposition of additional
duties imposed on the products on a retaliation list.
(2) Transfers based on estimates.--The amounts required to
be transferred under paragraph (1) shall be transferred at
least quarterly from the general fund of the Treasury to the
Fund on the basis of estimates made by the Secretary of the
Treasury. Proper adjustment shall be made in amounts
subsequently transferred to the extent prior estimates were in
excess of or less than the amounts required to be transferred.
(c) Investment of Trust Fund.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the Secretary's
judgment, required to meet current withdrawals. Such
investments may be made only in interest-bearing obligations of
the United States or in obligations guaranteed as to both
principal and interest by the United States.
(2) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Distributions From Fund.--Amounts in the Fund shall be
available as provided in appropriations Acts, for making distributions
in accordance with subsections (e) and (f).
(e) Criteria for Determining Injured Producers and Amount To Be
Paid.--Not later than 30 days after the implementation of a retaliation
list, the Secretary of the Treasury, in consultation with the
Secretaries of Agriculture and Commerce, shall promulgate such
regulations as may be necessary to carry out the provisions of this
Act. The regulations shall include the following:
(1) Procedures for identifying injured producers and
injured producers of agricultural commodities.
(2) Standards for determining the eligibility of injured
producers and injured producers of agricultural commodities to
participate in the distribution of any money from the Fund.
(3) Procedures for determining the amount of the
distribution each injured producer and injured producers of
agricultural commodities should be paid.
(4) Procedures for establishing separate accounts for
duties collected with respect to each retaliation list and for
making distributions to the group of injured producers and
injured producers of agricultural commodities with respect to
each such retaliation list.
(f) Distribution to Injured Producers.--
(1) Distribution to agricultural producers.--The Secretary
of the Treasury shall transfer to the Secretary of Agriculture
such sums as may be transferred or credited to the Fund as the
result of items on a retaliation list because of injury to
producers of agricultural commodities. The Secretary of
Agriculture shall distribute to each injured producer of an
agricultural commodity that the Secretary determines is
eligible a portion of the amount so transferred. The
distribution shall be made in accordance with the subsection
(e) and shall be used by the producers for the promotion and
development of products of the injured producers.
(2) Distribution to other injured producers.--The Secretary
of the Treasury shall transfer to the Secretary of Commerce
such sums as may be transferred or credited to the Fund as the
result of items on a retaliation list because of injury to
producers (other than producers of agricultural commodities).
The Secretary of Commerce shall distribute to each injured
producer (other than a producer described in paragraph (1))
that the Secretary determines is eligible a portion of the
amount so transferred. The distribution shall be made in
accordance with subsection (e) and in accordance with the
procedures applicable to the provision of assistance under
chapter 3 of title II of the Trade Act of 1974 (19 U.S.C. 2341
et seq.).
(g) Report to Congress.--The Secretary of the Treasury shall, after
consultation with the Secretaries of Agriculture and Commerce, submit a
report to the Congress each year on--
(1) the financial condition and the results of the
operations of the Fund during the preceding fiscal year; and
(2) the expected condition and operations of the Fund
during the fiscal year following the fiscal year that is the
subject of the report.
SEC. 5. PROHIBITION ON REDUCING SERVICES OR FUNDS.
No payment made to an injured producer or an injured agricultural
commodity producer under this Act shall result in the reduction or
denial of any service or assistance with respect to which the injured
producer or injured agricultural commodity producer would otherwise be
entitled.
|
Trade Injury Compensation Act of 1999 - Establishes in the Treasury a Trade Injury Compensation Trust Fund consisting of proceeds from additional duties on products on a retaliation list. Directs the Secretary of the Treasury to invest Fund amounts in interest-bearing U.S. obligations.
Directs: (1) the Secretary of the Treasury to transfer to the Secretary of Agriculture Fund amounts resulting from items on a retaliation list because of injury to producers of agricultural commodities; and (2) the Secretary of Agriculture to distribute a portion of such amounts to each injured producer of an agricultural commodity for promotion and development of their products. Provides for the distribution of Fund amounts to nonagricultural producers who have been similarly injured.
Prohibits a payment made to an injured producer or an injured agricultural commodity producer from resulting in the reduction or denial of any service or assistance with respect to which such producers would otherwise be entitled.
|
{"src": "billsum_train", "title": "Trade Injury Compensation Act of 1999"}
| 1,785 | 197 | 0.443859 | 1.342412 | 0.645864 | 3.976471 | 9.741176 | 0.917647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans E-Health and Telemedicine
Support Act of 2017'' or the ``VETS Act of 2017''.
SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF
VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1730A the following new section:
``Sec. 1730B. Licensure of health care professionals providing
treatment via telemedicine
``(a) In General.--Notwithstanding any provision of law regarding
the licensure of health care professionals, a covered health care
professional may practice the health care profession of the health care
professional at any location in any State, regardless of where the
covered health care professional or the patient is located, if the
covered health care professional is using telemedicine to provide
treatment to an individual under this chapter.
``(b) Covered Health Care Professionals.--For purposes of this
section, a covered health care professional is any health care
professional who--
``(1) is an employee of the Department appointed under the
authority under section 7306, 7401, 7405, 7406, or 7408 of this
title or title 5;
``(2) is authorized by the Secretary to provide health care
under this chapter;
``(3) is required to adhere to all standards of quality
relating to the provision of medicine in accordance with
applicable policies of the Department; and
``(4) has an active, current, full, and unrestricted
license, registration, or certification in a State to practice
the health care profession of the health care professional.
``(c) Property of Federal Government.--Subsection (a) shall apply
to a covered health care professional providing treatment to a patient
regardless of whether the covered health care professional or patient
is located in a facility owned by the Federal Government during such
treatment.
``(d) Relation to State Law.--(1) The provisions of this section
shall supersede any provisions of the law of any State to the extent
that such provision of State law are inconsistent with this section.
``(2) No State shall deny or revoke the license, registration, or
certification of a covered health care professional who otherwise meets
the qualifications of the State for holding the license, registration,
or certification on the basis that the covered health care professional
has engaged or intends to engage in activity covered by subsection (a).
``(e) Rule of Construction.--Nothing in this section may be
construed to remove, limit, or otherwise affect any obligation of a
covered health care professional under the Controlled Substances Act
(21 U.S.C. 801 et seq.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1730A the following new item:
``1730B. Licensure of health care professionals providing treatment via
telemedicine.''.
(c) Report on Telemedicine.--
(1) In general.--Not later than one year after the earlier
of the date on which services provided under section 1730B of
title 38, United States Code, as added by subsection (a), first
occur or regulations are promulgated to carry out such section,
the Secretary of Veterans Affairs shall submit to the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives a report on
the effectiveness of the use of telemedicine by the Department
of Veterans Affairs.
(2) Elements.--The report required by paragraph (1) shall
include an assessment of the following:
(A) The satisfaction of veterans with telemedicine
furnished by the Department.
(B) The satisfaction of health care providers in
providing telemedicine furnished by the Department.
(C) The effect of telemedicine furnished by the
Department on the following:
(i) The ability of veterans to access
health care, whether from the Department or
from non-Department health care providers.
(ii) The frequency of use by veterans of
telemedicine.
(iii) The productivity of health care
providers.
(iv) Wait times for an appointment for the
receipt of health care from the Department.
(v) The use by veterans of in-person
services at Department facilities and non-
Department facilities.
(D) The types of appointments for the receipt of
telemedicine furnished by the Department that were
provided during the one-year period preceding the
submittal of the report.
(E) The number of appointments for the receipt of
telemedicine furnished by the Department that were
requested during such period, disaggregated by medical
facility.
(F) Savings by the Department, if any, including
travel costs, from furnishing health care through the
use of telemedicine during such period.
Passed the Senate January 3, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 925
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to improve the ability of health
care professionals to treat veterans through the use of telemedicine,
and for other purposes.
|
Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 This bill allows a licensed health care professional of the Department of Veterans Affairs to practice his or her profession using telemedicine at any location in any state, regardless of where the professional or patient is located.
|
{"src": "billsum_train", "title": "Veterans E-Health and Telemedicine Support Act of 2017"}
| 1,169 | 62 | 0.604648 | 1.485774 | 1.196563 | 4.509091 | 20.490909 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2011'' or the ``HEATR Act of 2011''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6433. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000.
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2012, each of the dollar amounts contained in
subsections (a)(2) and (b)(1)(A) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2012, and
``(ii) the dollar amount contained in
subsection (b)(1)(A), the cost-of-living
adjustment determined under section 1(f)(3) for
2012 by substituting `calendar year 2010' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2012 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2011, exceeds
``(ii) the CPI fuel component for October
of 2010.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If the dollar
amount in subsection (b)(1)(A) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2013.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6431,'' and inserting
``6431, or 6433''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Refundable credit for residential energy costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
|
Home Energy Affordability Tax Relief Act of 2011 or the HEATR Act of 2011- Amends the Internal Revenue Code to allow an individual taxpayer an income-based refundable tax credit for energy costs for the taxpayer's principal residence. Limits such credit to the lesser of 33% of such costs or $500. Terminates such credit on December 31, 2012.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs."}
| 1,575 | 76 | 0.558971 | 1.322822 | 0.795182 | 2.015152 | 21.666667 | 0.893939 |
SECTION 1. PRIVATELY INSURED CREDIT UNIONS AUTHORIZED TO BECOME MEMBERS
OF A FEDERAL HOME LOAN BANK.
(a) In General.--Section 4(a) of the Federal Home Loan Bank Act (12
U.S.C. 1424(a)) is amended by adding at the end the following:
``(5) Certain privately insured credit unions.--
``(A) In general.--Subject to the requirements of
subparagraph (B), a credit union that lacks insurance
of its member accounts under Federal law shall be
treated as an insured depository institution for
purposes of this Act.
``(B) Certification by appropriate state
supervisor.--For purposes of this paragraph, a credit
union that lacks insurance of its member accounts under
Federal law and that has applied for membership in a
Federal home loan bank shall be treated as an insured
depository institution if the following has occurred:
``(i) Determination by state supervisor of
the credit union.--
``(I) In general.--Subject to
subclause (II), the appropriate
supervisor of the State in which the
credit union is chartered has
determined that the credit union meets
all the eligibility requirements under
section 201(a) of the Federal Credit
Union Act (12 U.S.C. 1781(a)) to apply
for insurance of its member accounts as
of the date of the application for
membership.
``(II) Certification deemed
valid.--In the case of any credit union
to which subclause (I) applies, if the
appropriate supervisor of the State in
which such credit union is chartered
fails to make the determination
required pursuant to such subclause by
the end of the 12-month period
beginning on the date on which the
application is submitted to the
supervisor, the credit union shall be
deemed to have met the requirements of
subclause (I).
``(ii) Determination by state supervisor of
the private deposit insurer.--The licensing
entity of the private deposit insurer that is
insuring the member accounts of the credit
union--
``(I) receives, on an annual basis,
an independent actuarial opinion that
the private insurer has set aside
sufficient reserves for losses; and
``(II) obtains, as frequently as
appropriate, but not less frequently
than every 36 months, an independent
actuary's study of the capital adequacy
of the private insurer.
``(iii) Submission of financial
information.--The credit union or the
appropriate supervisor of the State in which
such credit union is chartered makes available,
and continues to make available for such time
as the credit union is a member of a Federal
home loan bank, to the Federal Housing Finance
Agency or to the Federal home loan bank all
reports, records, and other information related
to any examinations or inquiries performed by
the supervisor concerning the financial
condition of the credit union, as soon as is
practicable.
``(C) Security interests of federal home loan bank
not avoidable.--Notwithstanding any provision of State
law authorizing a conservator or liquidating agent of a
credit union to repudiate contracts, no such provision
shall apply with respect to--
``(i) any extension of credit from any
Federal home loan bank to any credit union that
is a member of any such bank pursuant to this
paragraph; or
``(ii) any security interest in the assets
of such a credit union securing any such
extension of credit.
``(D) Protection for certain federal home loan bank
advances.--Notwithstanding any State law to the
contrary, if a Bank makes an advance under section 10
to a State-chartered credit union that is not federally
insured--
``(i) the Bank's interest in any collateral
securing the advance has the same priority and
is afforded the same standing and rights that
the security interest would have had if the
advance had been made to a federally insured
credit union; and
``(ii) the Bank has the same right to
access such collateral that the Bank would have
had if the advance had been made to a federally
insured credit union.''.
(b) Copies of Audits of Private Insurers of Certain Depository
Institutions Required To Be Provided to Supervisory Agencies.--Section
43(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C.
1831t(a)(2)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(3) by inserting at the end the following:
``(iii) in the case of depository
institutions described in subsection (e)(2)(A),
the member accounts of which are insured by the
private deposit insurer, which are members of a
Federal home loan bank, to the Federal Housing
Finance Agency, not later than 7 days after the
audit is completed.''.
(c) GAO Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall conduct a study and submit a report to Congress--
(1) on the adequacy of insurance reserves held by a private
deposit insurer that insures the member accounts of an entity
described in section 43(e)(2)(A) of the Federal Deposit
Insurance Act (12 U.S.C. 1831t(e)(2)(A)); and
(2) for an entity described in paragraph (1), the member
accounts of which are insured by a private deposit insurer,
information on the level of compliance with Federal regulations
relating to the disclosure of a lack of Federal deposit
insurance.
|
Amends the Federal Home Loan Bank Act to treat certain privately (but not federally) insured credit unions as insured depository institutions for purposes of determining eligibility for membership in a federal home loan bank. Permits a credit union which lacks federal deposit insurance and has applied for membership in a federal home loan bank to be treated as meeting all the eligibility requirements for federal deposit insurance if specified conditions are met, including: (1) that the supervisor of the chartering state has determined that the credit union meets all federal deposit insurance eligibility requirements; (2) the state supervisor of the credit union's private deposit insurer receives annual independent actuarial opinions that the private insurer has sufficient reserves for losses, as well as periodic actuarial studies of the insurer's capital adequacy; and (3) the credit union's financial information is made available to the Federal Housing Finance Agency (FHFA) or to the federal home loan bank. Deems such a credit union to have met the eligibility criteria for federal home loan bank membership if, 12 months after its application date, the state supervisor has failed to act upon the application. Prohibits the application of a state law authorizing a conservator or liquidating agent of a credit union to repudiate contracts to any: (1) extension of credit from a federal home loan bank to a credit union which is a member of that bank, or (2) security interest in the assets of the credit union securing such extension of credit. Declares that if a federal home loan bank makes an advance to a state-chartered credit union that is not federally insured: (i) the bank's interest in any collateral securing such advance has the same priority and is afforded the same standing and rights that the security interest would have had if the advance had been made to a federally-insured credit union, and (2) the bank has the same right to access such collateral that it would have had if the advance had been made to a federally-insured credit union. Amends the Federal Deposit Insurance Act to require private deposit insurers of credit unions that are members of a federal home loan bank to submit copies of their audit reports within seven days to the FHFA. Directs the Government Accountability Office to study: (1) the adequacy of insurance reserves held by a private deposit insurer that insures deposits in an insured credit union or any credit union eligible to apply to become one, and (2) such credit unions' compliance with federal regulations governing disclosure of a lack of federal deposit insurance.
|
{"src": "billsum_train", "title": "A bill to amend the Federal Home Loan Bank Act with respect to membership eligibility of certain institutions."}
| 1,267 | 556 | 0.678614 | 2.288603 | 0.836381 | 3.719008 | 2.340909 | 0.917355 |
SECTION 1. DETERMINATION OF WORKER CLASSIFICATION.
(a) In General.--Chapter 79 of the Internal Revenue code of 1986 is
amended by adding at the end the following new section:
``SEC. 7706. DETERMINATION OF WORKER CLASSIFICATION.
``(a) In General.--For purposes of this title (and notwithstanding
any provision of this title not contained in this section to the
contrary), if the requirements of subsections (b), (c), and (d) are met
with respect to any service performed by a service provider, then with
respect to such service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer,
``(3) any payor shall not be treated as an employer, and
``(4) the compensation paid or received for such service
shall not be treated as paid or received with respect to
employment.
``(b) General Service Provider Requirements.--
``(1) In general.--The requirements of this subsection are
met with respect to any service if the service provider
either--
``(A) meets the requirements of paragraph (2) with
respect to such service, or
``(B) in the case a service provider engaged in the
trade or business of selling (or soliciting the sale
of) goods or services, meets the requirements of
paragraph (3) with respect to such service.
``(2) General requirements.--The requirements of this
paragraph are met with respect to any service if the service
provider, in connection with performing the service--
``(A) either--
``(i) incurs significant unreimbursed
expenses as it relates to total expense, or
``(ii) risks income fluctuations because
remuneration with respect to such service is
not related to the expenses incurred,
``(B) agrees to perform the service for a
particular amount of time, to achieve a specific
result, or to complete a specific task, and
``(C) at least one of the following:
``(i) has an significant unreimbursed
expenses as it relates to total expense in
assets or training,
``(ii) is not required to perform services
exclusively for the service recipient, or
``(iii) has not performed services for the
service recipient as an employee during the 1-
year period ending with the date of the
commencement of services under the contract
described in subsection (d).
``(3) Alternative requirements with respect to sales
persons.--In the case of a service provider engaged in the
trade or business of selling (or soliciting the sale of) goods
or services, the requirements of this paragraph are met with
respect to any service if--
``(A) the service provider is compensated primarily
on a commission basis, and
``(B) substantially all the compensation for such
service is directly related to sales of goods or
services rather than to the number of hours worked to a
certain level or limit of highly compensated
individuals.
``(c) Place of Business or Own Equipment Requirement.--The
requirement of this subsection is met with respect to any service if
the service provider--
``(1) has a principal place of business, which can be home
or mobile-based, or,
``(2) provides the service primarily using equipment for
which the service provider bears the ultimate financial
responsibility.
``(d) Written Contract Requirement.--The requirements of this
subsection are met with respect to any service if such service is
performed pursuant to a written contract between the service provider
and the service recipient (or payor) which meets the following
requirements:
``(1) The contract includes each of the following:
``(A) The service provider's name and address.
``(B) A statement that the service provider will
not be treated as an employee with respect to the
services provided pursuant to the contract for purposes
of this title.
``(C) A statement that the service recipient (or
the payor) will report to the Internal Revenue Service
the compensation payable pursuant to the contract
consistent with the requirements of this title.
``(D) A statement that the service provider is
responsible for payment of Federal, State, and local
taxes, including self-employment taxes, on compensation
payable pursuant to the contract.
``(E) A statement that the contract is intended to
be considered a contract described in this subsection.
``(2) The term of the contract does not exceed 1 year. The
preceding sentence shall not prevent one or more subsequent
written renewals of the contract from satisfying the
requirements of this subsection if the term of each such
renewal does not exceed 1 year and if the information required
under paragraph (1)(A) is updated as needed in connection with
each such renewal.
``(3) The contract (or renewal) is signed by both the
service recipient (or payor) and the service provider not later
than the date on which the aggregate payments made by the
service recipient to the service provider exceeds $600 for the
year covered by the contract (or renewal).
``(e) Reporting Requirements.--If any service recipient or payor
fails to meet the applicable reporting requirements of section 6041(a)
or 6041A(a) for any taxable year with respect to any service provider,
this section shall not apply for purposes of making any determination
with respect to the liability of such service recipient or payor for
any tax with respect to such service provider for such period. For
purposes of the preceding sentence, such reporting requirements shall
be treated as met if the failure to satisfy such requirements is due to
reasonable cause and not willful neglect.
``(f) Exception for Services Provided by Owner.--This section shall
not apply with respect to any service provided by a service provider to
a service recipient if the service provider owns any interest in the
service recipient or any payor with respect to the service provided.
The preceding sentence shall not apply in the case of a service
recipient the stock of which is regularly traded on an established
securities market.
``(g) Limitation on Reclassification by Secretary.--For purposes of
this title--
``(1) Effect of reclassification on service recipients and
payors.--A determination by the Secretary that a service
recipient or a payor should have treated a service provider as
an employee shall be effective with respect to the service
recipient or payor no earlier than the notice date if--
``(A) the service recipient or the payor entered
into a written contract with the service provider which
meets the requirements of subsection (d),
``(B) the service recipient or the payor satisfied
the applicable reporting requirements of section (a) or
6041A(a) for all relevant taxable years with respect to
the service provider, and
``(C) the service recipient or the payor
demonstrates a reasonable basis for having determined
that the service provider should not be treated as an
employee under this section and that such determination
was made in good faith.
``(2) Burden of proof.--
``(A) In general.--If--
``(i) a taxpayer establishes a prima facie
case that it was reasonable not to treat an
individual as an employee for purposes of this
section, and
``(ii) the taxpayer has fully cooperated
with reasonable requests from the Secretary of
the Treasury or his delegate,
then the burden of proof with respect to such treatment
shall be on the Secretary.
``(B) Exception for other reasonable basis.--In the
case of any issue involving whether the taxpayer had a
reasonable basis not to treat an individual as an
employee for purposes of this section, subparagraph (A)
shall only apply for purposes of determining whether
the taxpayer meets the requirements of subparagraph
(A), (B), or (C) of subsection (a)(2).
``(3) Effect of reclassification on service providers.--A
determination by the Secretary that a service provider should
have been treated as an employee shall be effective with
respect to the service provider no earlier than the notice date
if--
``(A) the service provider entered into a written
contract with the service recipient or payor which
meets the requirements of subsection (d),
``(B) the service recipient or payor satisfied the
applicable reporting requirements of sections 6012(a)
and 6017 for all relevant taxable years with respect to
the service provider, or
``(C) the service recipient demonstrates a basis
for determining that the service provider is not an
employee under this section and that such determination
was made in good faith.
``(4) Notice date.--For purposes of this subsection, the
term `notice date' means the 30th day after the earliest of--
``(A) the date on which the first letter of
proposed deficiency which allows the service provider,
the service recipient, or the payor an opportunity for
administrative review in the Internal Revenue Service
Office of Appeals is sent,
``(B) the date on which a deficiency notice under
section 6212 is sent, or
``(C) the date on which a notice of determination
under section 7436(b)(2) is sent.
``(5) No restriction on administrative or judicial
review.--Nothing in this subsection shall be construed as
limiting any provision of law which provides an opportunity for
administrative or judicial review of a determination by the
Secretary.
``(h) Definitions.--For purposes of this section--
``(1) Service provider.--
``(A) In general.--The term `service provider'
means any qualified person who performs service for
another qualified person.
``(B) Qualified person.--The term `qualified
person' means--
``(i) any natural person, or
``(ii) any entity.
``(2) Service recipient.--The term `service recipient'
means the person or entity for whom the service provider
performs such Service pursuant to a written contract.
``(3) Payor.--The term `payor' means any person or entity
who pays the service provider for performing such service.
``(i) Regulations.--Notwithstanding section 530(d) of the Revenue
Act of 1978, the Secretary may issue regulations only to the extent
that the Secretary determines are necessary to carry out the provisions
of this section.
``(j) Rule of Construction.--No provision of this section may be
construed to expand the circumstances under which a service provider
may be treated as an employee or a service recipient may be treated as
an employer.
``(k) Application in Ordinary Course of Trade or Business.--This
section shall apply regardless of whether such service is performed in
the ordinary or related course of a trade or business of the service
recipient.''.
(b) Reporting.--Section 6041A of such Code is amended by adding at
the end the following new subsection:
``(g) Special Rules for Certain Persons Classified as Not
Employees.--In the case of any service recipient required to make a
return under subsection (a) with respect to compensation to which
section 7706(a) applies--
``(1) such return shall include--
``(A) the aggregate amount of such compensation
paid to each person or entity whose name is required to
be included on such return,
``(B) the aggregate amount deducted and withheld
under section 3402(s) with respect to such
compensation, and
``(C) an indication of whether a copy of the
contract described in section 7706(d) is on file with
the service recipient or payor, and
``(2) the statement required to be furnished under
subsection (e) shall include the information described in
paragraph (1) with respect to the service provider to whom such
statement is furnished.
Terms used in this subsection which are also used in section 7706 shall
have the same meaning as when used in such section.''.
(c) Clerical Amendment.--The table of sections for chapter 79 of
such Code is amended by adding at the end the following new item:
``Sec. 7706. Determination of worker classification.''.
(d) Effective Date.--The amendments made by this section shall
apply to services performed after December 31, 2016.
|
This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses or risks income fluctuations; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, which can be home or mobile-based, or bears financial responsibility for the equipment used to provide the service); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also sets forth: (1) reporting requirements for service recipients who meet the requirements of the test, and (2) procedures for the reclassification of employment status by the Internal Revenue Service.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers."}
| 2,684 | 306 | 0.555497 | 1.722738 | 0.680429 | 3.153846 | 8.937063 | 0.874126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forcing Out Underage Labor Act of
1996''.
SEC. 2. PROHIBITION ON IMPORTATION OF SOCCER BALLS MANUFACTURED OR
ASSEMBLED WITH CHILD LABOR.
(a) Identification of Countries.--The Secretary of Labor shall
identify those countries in which soccer balls are manufactured or
assembled, in whole or in part, with the use of child labor.
(b) Prohibition on Imports.--
(1) Prohibition.--The Secretary of the Treasury shall
prohibit the entry of any soccer balls manufactured or
assembled, in whole or in part, in a country identified by the
Secretary of Labor under subsection (a). For purposes of this
subsection and subsection (a), the term ``assembled'' includes,
but is not limited to, stitching.
(2) Exception.--Paragraph (1) shall not apply to the entry
of any article for which a certification that meets the
requirements of subsection (c) is provided and the article, or
the packaging in which it is offered for sale, contains, in
accordance with regulations prescribed by the Secretary of
Labor, a label stating that the article is not a product of
child labor.
(c) Certification That Article Is Not a Product of Child Labor.--
(1) Form and content.--The Secretary of the Treasury shall
prescribe the form and content of documentation, for submission
in connection with the entry of an article, that satisfies the
Secretary that the exporter of the article to the United
States, and the importer of the article into the customs
territory of the United States, have undertaken reasonable
steps to ensure that the article is not a product of child
labor.
(2) Reasonable steps.--For purposes of paragraph (1),
``reasonable steps'' includes--
(A) in the case of the exporter of an article--
(i) having entered into a contract with an
organization described in paragraph (4) in the
country concerned for allowing inspections for
the purpose of certifying both that the article
is not a product of child labor, and that a
label, protected under the copyright or
trademark laws of that country, that contains
such certification is affixed to the article;
and
(ii) having affixed to the article a label
described in clause (i); and
(B) in the case of the importer of an article into
the customs territory of the United States, having
required the certification and label described in
subparagraph (A) in the agreement setting forth the
terms and conditions of the acquisition or provision of
the imported article.
(3) Written evidence.--The documentation required by the
Secretary under paragraph (1) shall include written evidence
that the reasonable steps set forth in paragraph (2) have been
taken.
(4) Certifying organizations.--The Secretary of the
Treasury shall compile and maintain a list of independent
professional, internationally credible organizations, in
foreign countries, that have been established for the purpose
of conducting inspections, certifying, and labeling that
articles to be exported from those countries are not products
of child labor. Each such organization may consist of, but not
be limited to, representatives of nongovernmental child welfare
and human rights organizations, manufacturers, exporters,
independent trade unions, national governments, and neutral
international organizations.
SEC. 3. PENALTIES.
(a) Unlawful Acts.--It is unlawful--
(1) to attempt to enter any soccer ball if the entry is
prohibited under section 2(b)(1); or
(2) to violate any regulation prescribed under section 4.
(b) Civil Penalty.--Any person who commits any unlawful act set
forth in subsection (a) is liable for a civil penalty of not to exceed
$25,000.
(c) Criminal Penalty.--In addition to being liable for a civil
penalty under subsection (b), any person who intentionally commits any
unlawful act set forth in subsection (a) is, upon conviction, liable
for a fine of not less than $10,000 and not more than $35,000, or
imprisonment for not more than 1 year, or both.
(d) Construction.--The violations set forth in subsection (a) shall
be treated as violations of the customs laws for purposes of applying
the enforcement provisions of the Tariff Act of 1930, including--
(1) the search, seizure, and forfeiture provisions;
(2) section 592 (relating to penalties for entry by fraud,
gross negligence, or negligence); and
(3) section 619 (relating to compensation to informers).
SEC. 4. REGULATIONS.
The Secretary of Labor and the Secretary of the Treasury shall
issue such regulations as are necessary to carry out this Act.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Child labor.--The term ``child labor'' means the
performance of services in exchange for remuneration (without
regard to whom paid), subsistence, goods, or services, or any
combination thereof, or under circumstances tantamount to
involuntary servitude--
(A) by persons who have not attained the minimum
age, except for--
(i) light work by persons no more than 2
years younger than the minimum age that is not
likely to harm their health or development and
which does not prejudice their attendance at
school, their participation in vocational
orientation or training programs approved by
the competent authority in the country
concerned, or their capacity to benefit from
the instruction received,
(ii) work on family and small-scale
agricultural holdings which produce for local
consumption and do not regularly employ hired
workers,
(iii) work done by persons at least 14
years of age in schools or other training
institutions for general, vocational, or
technical education,
(iv) work done by persons at least 14 years
of age as an integral part of a program of
education, training, or occupational guidance
carried out in accordance with conditions
prescribed by the competent authority in the
country concerned, and
(v) participation in artistic performances
pursuant to permits granted in individual cases
by the competent authority in the country
concerned; and
(B) by persons under the age of 18 if such services
would likely jeopardize the health, safety, or moral
character of a young person, except for the performance
of such services by individuals at least 16 years of
age where--
(i) the country concerned has expressly
authorized such employment by national laws or
regulation;
(ii) the health, safety, and morals of the
individuals involved are fully protected; and
(iii) the individuals involved have
received adequate specific instruction or
vocational training in the relevant branch of
activity.
(2) Minimum age.--The term ``minimum age'' means the age at
which children complete compulsory schooling under the national
laws of the country concerned, or the age of 15, whichever is
older, except that when a country whose economy and educational
facilities are insufficiently developed has specified, pursuant
to an international agreement, a minimum age of 14 years for a
period of limited and specifically identified duration, the
term ``minimum age'' means the age of 14 years during that
period with respect to that country.
(3) Product of child labor.--An article shall be treated as
being manufactured or assembled with the use of child labor if
the article--
(A) was fabricated, assembled, or processed, in
whole or part, or
(B) contains any part that was fabricated,
assembled, or processed, in whole or in part,
with child labor.
(4) Entry.--The term ``entry'' means entry, or withdrawal
from warehouse for consumption, in the customs territory of the
United States.
SEC. 6. UNITED STATES SUPPORT FOR DEVELOPMENTAL ALTERNATIVES FOR
UNDERAGE CHILD WORKERS.
There is authorized to be appropriated to the President the sum
of--
(1) $10,000,000 for each of fiscal years 1997 through 2000
for a United States contribution to the International Labor
Organization for the activities of the International Program on
the Elimination of Child Labor; and
(2) $100,000 for fiscal year 1997 for a United States
contribution to the United Nations Commission on Human Rights
for those activities relating to bonded child labor that are
carried out by the Subcommittee and Working Group on
Contemporary Forms of Slavery.
|
Forcing Out Underage Labor Act of 1996 - Directs the Secretary of Labor to identify countries that manufacture soccer balls with the use of child labor. Prohibits the importation of such an item into the United States, unless it contains a label stating that it is not a product of child labor. Sets forth both civil and criminal penalties for violation of this prohibition.
Authorizes appropriations for a U.S. contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor and the United Nations Commission on Human Rights for certain activities related to bonded child labor.
|
{"src": "billsum_train", "title": "Forcing Out Underage Labor Act of 1996"}
| 1,789 | 134 | 0.511588 | 1.377804 | 0.640286 | 3.571429 | 15.241071 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Hearing Detection and
Intervention Act of 2017''.
SEC. 2. REAUTHORIZATION OF PROGRAM FOR EARLY DETECTION, DIAGNOSIS, AND
TREATMENT REGARDING DEAF AND HARD-OF-HEARING NEWBORNS, INFANTS, AND
YOUNG CHILDREN.
(a) Section Heading.--The section heading of section 399M of the
Public Health Service Act (42 U.S.C. 280g-1) is amended to read as
follows:
``SEC. 399M. EARLY DETECTION, DIAGNOSIS, AND TREATMENT REGARDING DEAF
AND HARD-OF-HEARING NEWBORNS, INFANTS, AND YOUNG CHILDREN.''.
(b) Statewide Systems.--Section 399M(a) of the Public Health
Service Act (42 U.S.C. 280g-1(a)) is amended--
(1) in the subsection heading, by striking ``Newborn and
Infant'' and inserting ``Newborn, Infant, and Young Child'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``newborn and infant'' and inserting
``newborn, infant, and young child''; and
(B) by striking ``providers,'' and inserting ``providers
(including, as appropriate, education and training of family
members),'';
(3) in paragraph (1)--
(A) in the first sentence--
(i) by striking ``newborns and infants'' and inserting
``newborns, infants, and young children (referred to in
this section as `children')''; and
(ii) by striking ``and medical'' and all that follows
through the period and inserting ``medical, and
communication (or language acquisition) interventions
(including family support), for children identified as deaf
or hard-of-hearing, consistent with the following:'';
(B) in the second sentence--
(i) by striking ``Early'' and inserting the following:
``(A) Early'';
(ii) by striking ``and delivery of'' and inserting ``,
and delivery of,'';
(iii) by striking ``by schools'' and all that follows
through ``programs mandated'' and inserting ``by
organizations such as schools and agencies (including
community, consumer, and family-based agencies), in health
care settings (including medical homes for children), and
in programs mandated''; and
(iv) by striking ``hard of hearing'' and all that
follows through the period and inserting ``hard-of-hearing
children.''; and
(C) by striking the last sentence and inserting the
following:
``(B) Information provided to families should be accurate,
comprehensive, up-to-date, and evidence-based, as appropriate,
to allow families to make important decisions for their
children in a timely manner, including decisions with respect
to the full range of assistive hearing technologies and
communications modalities, as appropriate.
``(C) Programs and systems under this paragraph shall offer
mechanisms that foster family-to-family and deaf and hard-of-
hearing consumer-to-family supports.'';
(4) in paragraph (2), by striking ``To collect'' and all that
follows through the period and inserting ``To continue to provide
technical support to States, through one or more technical resource
centers, to assist in further developing and enhancing State early
hearing detection and intervention programs.''; and
(5) by striking paragraph (3) and inserting the following:
``(3) To identify or develop efficient models (educational and
medical) to ensure that children who are identified as deaf or
hard-of-hearing through screening receive follow-up by qualified
early intervention providers or qualified health care providers
(including those at medical homes for children), and referrals, as
appropriate, including to early intervention services under part C
of the Individuals with Disabilities Education Act. State agencies
shall be encouraged to effectively increase the rate of such
follow-up and referral.''.
(c) Technical Assistance, Data Management, and Applied Research.--
Section 399M(b)(1) of the Public Health Service Act (42 U.S.C. 280g-
1(b)(1)) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(B) by striking ``to complement an intramural program and''
and inserting the following: ``or designated entities of
States--
``(i) to develop, maintain, and improve data collection
systems related to newborn, infant, and young child hearing
screening, evaluation (including audiologic, medical, and
language acquisition evaluations), diagnosis, and
intervention services;'';
(C) by striking ``to conduct'' and inserting the following:
``(ii) to conduct''; and
(D) by striking ``newborn'' and all that follows through
the period and inserting the following: ``newborn, infant, and
young child hearing screening, evaluation, and intervention
programs and outcomes;
``(iii) to ensure quality monitoring of hearing
screening, evaluation, and intervention programs and
systems for newborns, infants, and young children; and
``(iv) to support newborn, infant, and young child
hearing screening, evaluation, and intervention programs,
and information systems.'';
(2) in the second sentence--
(A) by striking the matter that precedes subparagraph (A)
and all that follows through subparagraph (C) and inserting the
following:
``(B) Use of awards.--The awards made under subparagraph
(A) may be used--
``(i) to provide technical assistance on data
collection and management, including to coordinate and
develop standardized procedures for data management;
``(ii) to assess and report on the cost and program
effectiveness of newborn, infant, and young child hearing
screening, evaluation, and intervention programs and
systems;
``(iii) to collect data and report on newborn, infant,
and young child hearing screening, evaluation, diagnosis,
and intervention programs and systems for applied research,
program evaluation, and policy improvement;'';
(B) by redesignating subparagraphs (D), (E), and (F) as
clauses (iv), (v), and (vi), respectively, and aligning the
margins of those clauses with the margins of clause (i) of
subparagraph (B) (as inserted by subparagraph (A) of this
paragraph);
(C) in clause (v) (as redesignated by subparagraph (B) of
this paragraph)--
(i) by striking ``newborn and infant'' and inserting
``newborn, infant, and young child''; and
(ii) by striking ``language status'' and inserting
``hearing status''; and
(D) in clause (vi) (as redesignated by subparagraph (B) of
this paragraph)--
(i) by striking ``sharing'' and inserting ``integration
and interoperability''; and
(ii) by striking ``with State-based'' and all that
follows through the period and inserting ``across multiple
sources to increase the flow of information between
clinical care and public health settings, including the
ability of States and territories to exchange and share
data.''.
(d) Coordination and Collaboration.--Section 399M(c) of the Public
Health Service Act (42 U.S.C. 280g-1(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``consult with'' and inserting ``consult
with--'';
(B) by striking ``other Federal'' and inserting the
following:
``(A) other Federal'';
(C) by striking ``State and local agencies, including
those'' and inserting the following:
``(B) State and local agencies, including agencies'';
(D) by striking ``consumer groups of and that serve'' and
inserting the following:
``(C) consumer groups of, and that serve,'';
(E) by striking ``appropriate national'' and inserting the
following:
``(D) appropriate national'';
(F) by striking ``persons who are deaf and'' and inserting
the following:
``(E) individuals who are deaf or'';
(G) by striking ``other qualified'' and inserting the
following:
``(F) other qualified'';
(H) by striking ``newborns, infants, toddlers, children,''
and inserting ``children,'';
(I) by striking ``third-party'' and inserting the
following:
``(G) third-party''; and
(J) by striking ``related commercial'' and inserting the
following:
``(H) related commercial''; and
(2) in paragraph (3)--
(A) by striking ``States to establish newborn and infant''
and inserting the following: ``States--
``(A) to establish newborn, infant, and young child'';
(B) by inserting a semicolon after ``subsection (a)''; and
(C) by striking ``to develop'' and inserting the following:
``(B) to develop''.
(e) Rule of Construction; Religious Accommodation.--Section 399M(d)
of the Public Health Service Act (42 U.S.C. 280g-1(d)) is amended--
(1) by striking ``which'' and inserting ``that'';
(2) by striking ``newborn infants or young''; and
(3) by striking ``parents''' and inserting ``parent's''.
(f) Definitions.--Section 399M(e) of the Public Health Service Act
(42 U.S.C. 280g-1(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1)'' and all that follows through ``to
procedures'' and inserting the following:
``(1) The term `audiologic', when used in connection with
evaluation, means procedures--'';
(B) by striking ``to assess'' and inserting the following:
``(A) to assess'';
(C) by striking ``to establish'' and inserting the
following:
``(B) to establish'';
(D) by striking ``auditory disorder;'' and inserting
``auditory disorder,'';
(E) by striking ``to identify'' and inserting the
following:
``(C) to identify'';
(F) by striking ``options.'' and all that follows through
``linkage'' and inserting the following: ``options, including--
``(i) linkage'';
(G) by striking ``appropriate agencies,'' and all that
follows through ``national'' and inserting the following:
``appropriate agencies;
``(ii) medical evaluation;
``(iii) assessment for the full range of assistive
hearing technologies appropriate for newborns, infants, and
young children;
``(iv) audiologic rehabilitation treatment; and
``(v) referral to national''; and
(H) by striking ``parent, and education'' and inserting
``parent, family, and education'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (6) as paragraphs
(2) through (5);
(4) in paragraph (2) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``refers to providing'' and inserting the
following: ``means--
``(A) providing'';
(B) by striking ``with hearing loss, including nonmedical
services,'' and inserting ``who is deaf or hard-of-hearing,
including nonmedical services;'';
(C) by striking ``ensuring that families of the child are
provided'' and inserting the following:
``(B) ensuring that the family of the child is--
``(i) provided'';
(D) by striking ``language and communication options and
are given'' and inserting the following: ``language acquisition
in oral and visual modalities; and
``(ii) given''; and
(E) by striking ``their child'' and inserting ``the
child'';
(5) in paragraph (3) (as redesignated by paragraph (3) of this
subsection), by striking ``(3)'' and all that follows through
``decision making'' and inserting ``The term `medical evaluation'
means key components performed by a physician including history,
examination, and medical decisionmaking'';
(6) in paragraph (4) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``refers to'' and inserting ``means'';
(B) by striking ``and/or surgical'' and inserting ``or
surgical''; and
(C) by striking ``of hearing'' and all that follows through
``disorder'' and inserting ``for hearing loss or other medical
disorders''; and
(7) in paragraph (5) (as redesignated by paragraph (3) of this
subsection)--
(A) by striking ``(5)'' and all that follows through
``refers to'' and inserting ``(5) The term `newborn, infant,
and young child hearing screening' means''; and
(B) by striking ``and infants'' and inserting ``, infants,
and young children under 3 years of age''.
(g) Authorization of Appropriations.--Section 399M(f) of the Public
Health Service Act (42 U.S.C. 280g-1(f)) is amended--
(1) in paragraph (1), by striking ``such sums'' and all that
follows through the period and inserting ``$17,818,000 for fiscal
year 2018, $18,173,800 for fiscal year 2019, $18,628,145 for fiscal
year 2020, $19,056,592 for fiscal year 2021, and $19,522,758 for
fiscal year 2022.''; and
(2) in paragraph (2), by striking ``such sums'' and all that
follows through the period and inserting ``$10,800,000 for fiscal
year 2018, $11,026,800 for fiscal year 2019, $11,302,470 for fiscal
year 2020, $11,562,427 for fiscal year 2021, and $11,851,488 for
fiscal year 2022.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
(This measure has not been amended since it was passed by the Senate on September 6, 2017. Early Hearing Detection and Intervention Act of 2017 (Sec. 2) This bill amends the Public Health Service Act to revise programs for deaf and hard-of-hearing newborns and infants, including to expand the programs to include young children. The programs are reauthorized through FY2022. Health Resources and Services Administration support for the education and training of personnel and health care providers for such programs is expanded to include education and training of family members.
|
{"src": "billsum_train", "title": "Early Hearing Detection and Intervention Act of 2017"}
| 3,408 | 120 | 0.54402 | 1.573904 | 0.461258 | 2.333333 | 29.247619 | 0.790476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ask Veterans Act''.
SEC. 2. SURVEY OF VETERAN EXPERIENCES WITH DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CARE.
(a) In General.--The Secretary of Veterans Affairs shall seek to
enter into a contract with a non-government entity with significant
experience conducting scientifically verifiable surveys and research to
conduct an annual survey of a statistically significant sample of
veterans who reside in the geographic area served by each of the
medical facilities of the Department of Veterans Affairs to determine
the nature of the experiences of such veterans in obtaining hospital
care and medical services furnished by the Secretary at each such
medical facility. Each such survey shall be conducted using scientific
and verifiable methods. Such contract shall provide that the non-
government entity shall conduct such annual surveys during the five-
year period beginning on the date on which the Secretary enters into
the contract with the non-government entity.
(b) Contents.--The contract entered into under subsection (a) shall
provide that each survey conducted pursuant to the contract shall be
specific to a medical facility of the Department and shall include
questions relating to the experiences of veterans in requesting and
receiving appointments for hospital care and medical services furnished
by the Secretary at that medical facility, including questions relating
to each of the following:
(1) The veteran's ability to obtain hospital care and
medical services at the facility in a timely manner.
(2) The period of time between the date on which the
veteran requests an appointment at the facility and the date on
which the appointment is scheduled.
(3) The frequency with which scheduled appointments are
cancelled by the facility.
(4) The quality of hospital care or medical services the
veteran has received at the facility.
(c) Consultation.--The contract entered into under subsection (a)
shall provide that in designing and conducting the surveys for each
medical facility of the Department pursuant to such contract, the non-
government entity shall consult with veterans service organizations.
(d) Certification.--The contract entered into under subsection (a)
shall provide that--
(1) before conducting a survey pursuant to the contract,
the non-government entity shall submit the proposed survey to
the Comptroller General who shall assess whether the survey is
scientifically valid and whether the proposed sample size of
veterans to be surveyed is statistically significant; and
(2) the non-government entity may not conduct such a survey
until the Comptroller General provides such a certification for
the survey.
(e) Submittal of Results and Public Availability of Information.--
Not later than 30 days after the completion of the surveys conducted
pursuant to a contract entered into under subsection (a) for a year,
the Secretary shall make the results of the surveys publicly available
on the Internet website of the Department.
(f) Paperwork Reduction.--Subchapter I of chapter 35 of title 44,
United States Code shall not apply to this section.
(g) Deadline for Implementation.--The Secretary shall enter into a
contract under subsection (a) for each medical facility of the
Department by not later than 180 days after the date of the enactment
of this Act.
SEC. 3. MENTAL HEALTH TREATMENT FOR VETERANS WHO SERVED IN CLASSIFIED
MISSIONS.
(a) Sense of Congress.--It is the sense of Congress that veterans
who experience combat-related mental health wounds should have
immediate, appropriate, and consistent access to comprehensive mental
health care.
(b) In General.--Subchapter II of chapter 17 of title 38, United
States Code, is amended by adding at the end the following section:
``Sec. 1720H. Mental health treatment for veterans who served in
classified missions
``(a) Establishment of Standards.--(1) The Secretary shall
establish standards and procedures to ensure that each covered veteran
may access mental health care provided by the Secretary in a manner
that fully accommodates the obligation of the veteran to not improperly
disclose classified information.
``(2) The Secretary shall disseminate guidance to employees of the
Veterans Health Administration, including mental health professionals,
on the standards and procedures established under paragraph (1) and how
to best engage covered veterans during the course of mental health
treatment with respect to classified information.
``(b) Identification.--In carrying out this section, the Secretary
shall ensure that a veteran may elect to identify as a covered veteran
on an appropriate form.
``(c) Definitions.--In this section:
``(1) The term `classified information' means any
information or material that has been determined by an official
of the United States pursuant to law, an Executive order, or
regulation to require protection against unauthorized
disclosure for reasons of national security.
``(2) The term `covered veteran' means a veteran who--
``(A) is enrolled in the health care system
established under section 1705(a) of this title;
``(B) is seeking mental health treatment; and
``(C) in the course of serving in the Armed Forces,
participated in a sensitive mission or served in a
sensitive unit.
``(3) The term `sensitive mission' means a mission of the
Armed Forces that, at the time at which a covered veteran seeks
treatment, is classified.
``(4) The term `sensitive unit' has the meaning given that
term in section 130b(c)(4) of title 10.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1720G the following new item:
``1720H. Mental health treatment for veterans who served in classified
missions.''.
SEC. 4. BOARD OF VETERANS' APPEALS VIDEO HEARINGS.
Section 7107 of title 38, United States Code, is amended--
(1) in subsection (d), by amending paragraph (1) to read as
follows:
``(1)(A) Upon request for a hearing, the Board shall determine, for
purposes of scheduling the hearing for the earliest possible date,
whether a hearing before the Board will be held at its principal
location or at a facility of the Department or other appropriate
Federal facility located within the area served by a regional office of
the Department. The Board shall also determine whether to provide a
hearing through the use of the facilities and equipment described in
subsection (e)(1) or by the appellant personally appearing before a
Board member or panel.
``(B) The Board shall notify the appellant of the determinations of
the location and type of hearing made under subparagraph (A). Upon
notification, the appellant may request a different location or type of
hearing as described in such subparagraph. If so requested, the Board
shall grant such request and ensure that the hearing is scheduled at
the earliest possible date without any undue delay or other prejudice
to the appellant.''; and
(2) in subsection (e), by amending paragraph (2) to read as
follows:
``(2) Any hearing provided through the use of the facilities and
equipment described in paragraph (1) shall be conducted in the same
manner as, and shall be considered the equivalent of, a personal
hearing.''.
|
Ask Veterans Act - Directs the Secretary of Veterans Affairs (VA) to contract with an experienced non-government entity to conduct an annual survey, over a five-year period, of a statistically significant sample of veterans who reside in the geographic area served by each VA medical facility to determine the experiences of such veterans in obtaining hospital care and medical services at such facility. Requires those surveys to include questions relating to: the veteran's ability to obtain hospital care and medical services at the facility in a timely manner, the time that expires between the date the veteran requests an appointment and the date on which the appointment is scheduled, the frequency with which scheduled appointments are cancelled, and the quality of hospital care or medical services the veteran receives. Requires the non-government entity to consult with veterans service organizations in designing and conducting the surveys. Prohibits the non-government entity from conducting a survey before the Comptroller General (GAO) certifies the survey as scientifically valid and the proposed sample size of veterans as statistically significant. Directs the Secretary to make the results of the surveys publicly available on the VA's Internet website.
|
{"src": "billsum_train", "title": "Ask Veterans Act"}
| 1,573 | 248 | 0.728271 | 2.098241 | 0.878456 | 4.279817 | 6.798165 | 0.912844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Andean Adjustment Act of 2003''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN COLOMBIAN AND PERUVIAN
NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Secretary
of Homeland Security to that of an alien lawfully admitted for
permanent residence, if the alien--
(A) applies for such adjustment not later than 2
years after the date of the enactment of this Act; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except 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.
(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). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Secretary of Homeland Security grants the
application, the Secretary of Homeland Security shall cancel
the order. If the Secretary of Homeland Security renders a
final administrative 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.--The benefits
provided by subsection (a) shall apply to any alien who is a national
of Colombia or Peru who--
(1) was physically present in the United States on December
31, 1999; and
(2) is physically present in the United States on the date
the application for adjustment of status under this Act is
filed.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
deportation, 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 Secretary
of Homeland Security shall not order any 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 raises as a defense to such an order the eligibility of
the alien to apply for adjustment of status under subsection
(a), except where the Secretary of Homeland Security has
rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Secretary of Homeland Security
may authorize an alien who has applied for adjustment of status
under subsection (a), and the spouse of the alien, to engage in
employment in the United States during the pendency of such
application and may provide the alien and the alien's spouse
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 Secretary of
Homeland Security shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Secretary of Homeland Security to that of an
alien lawfully admitted for permanent residence, if the alien--
(A) is the spouse, child, or unmarried son or
daughter, of an alien whose status is adjusted to that
of an alien lawfully admitted for permanent residence
under subsection (a), except that in the case of such
an unmarried son or daughter, the son or daughter shall
be required to establish that they have been physically
present in the United States for a continuous period,
beginning not later than December 31, 1999, and ending
not earlier than the date the application for
adjustment under this subsection is filed;
(B) applies for such adjustment not later than 2
years after the date of the enactment of this Act and
is physically present in the United States on the date
the application is filed; and
(C) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for exclusion specified in
paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in the aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security 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
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this Act is final and shall not be subject to
review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this Act, 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 section, the
definitions contained in the Immigration and Nationality Act shall
apply in the administration of this Act. Nothing contained in this Act
shall be held to repeal, amend, alter, modify, effect, or restrict the
powers, duties, functions, or authority of the Secretary of Homeland
Security 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.
|
Andean Adjustment Act of 2003 - Provides for the adjustment to permanent resident status of a national of Colombia or Peru (and spouse, children, and certain unmarried sons or daughters) who: (1) was physically present in the United States on December 31, 1999; and (2) is physically present in the United States on the date of application for such status adjustment.
Provides for a stay of removal during such process unless the Secretary of Homeland Security has rendered a final administrative order denying such application.
|
{"src": "billsum_train", "title": "To adjust the immigration status of certain Colombian and Peruvian nationals who are in the United States."}
| 1,484 | 108 | 0.696724 | 1.844055 | 1.184229 | 4.949495 | 14.252525 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Country-of-Origin Meat Labeling Act
of 1999''.
SEC. 2. COUNTRY-OF-ORIGIN LABELING OF MEAT AND MEAT FOOD PRODUCTS.
(a) Labeling Required.--The Federal Meat Inspection Act is amended
by inserting after section 7 (21 U.S.C. 607) the following new section:
``SEC. 7A. REQUIREMENTS RELATED TO COUNTRY-OF-ORIGIN LABELING.
``(a) Definitions.--In this section:
``(1) Livestock.--The term `livestock' means cattle, sheep,
swine, goats, horses, mules, or other equines.
``(2) Domestic meat.--The term `domestic meat' means a
carcass, part of a carcass, meat, or meat food product derived
entirely from domestic livestock.
``(3) Domestic livestock.--The term `domestic livestock'
means livestock that satisfy all of the following:
``(A) The animal is born in the United States.
``(B) The animal is raised throughout its entire
life in the United States.
``(C) The animal is slaughtered and otherwise
processed in the United States.
``(4) Imported meat.--The term `imported meat' means a
carcass, part of a carcass, meat, or meat food product that
does not satisfy the definition of domestic meat.
``(5) Imported livestock.--The term `imported livestock'
means livestock that does not satisfy the definition of
domestic livestock.
``(6) Ultimate purchaser.--
``(A) In general.--The term `ultimate purchaser',
with regard to a carcass, part of a carcass, meat, or
meat food product, means--
``(i) a person who buys the item for
consumption;
``(ii) a public or private institution that
serves the item for consumption; or
``(iii) a restaurant or other food service
establishment that serves the item for
consumption.
``(B) Exception.--Other than as provided in clauses
(ii) and (iii) of subparagraph (A), the term does not
include a person who buys a carcass, part of a carcass,
meat, or meat food product for resale.
``(b) Country-of-Origin Label Required.--
``(1) Purpose.--Country-of-origin labels are required under
this section so that the ultimate purchasers of meat and meat
food products in the United States are accurately informed of
the country of origin of the livestock from which meat and meat
food products are derived.
``(2) Initial use of livestock.--A packer or processor that
uses livestock to produce a carcass, part of a carcass, meat,
or meat food product that is offered for sale, sold, or resold
within the United States, either in its original form or in a
further processed form, shall affix a label to the carcass,
part of a carcass, meat, or meat food product that identifies
the country or countries in which the livestock were born,
raised, and slaughtered from which the carcass, part of a
carcass, meat, or meat food product was derived.
``(3) Use of domestic meat or imported meat.--A packer or
processor that uses domestic meat or imported meat to produce a
carcass, part of a carcass, meat, or meat food product that is
offered for sale, sold, or resold within the United States,
either in its original form or in a further processed form,
shall affix a label to the carcass, part of a carcass, meat, or
meat food product that identifies the country or countries in
which the livestock were born, raised, and slaughtered from
which the domestic meat or imported meat was derived.
``(c) Maintenance of Label.--
``(1) In general.--A packer or processor referred to in
subsection (b), and each subsequent re-seller of the carcass,
part of a carcass, meat, or meat food product, shall be
responsible for ensuring that the country-of-origin label is
maintained throughout the chain of distribution until the
carcass, carcass part, meat, or meat food product is sold to
the ultimate purchaser.
``(2) Exceptions.--Institutions that serve meat or meat
food products for consumption and restaurants and other food
service establishments shall neither be required to, nor
restricted from, notifying their customers of the country of
origin of the meat or meat food products they serve.
``(d) Restriction on Use of United States Meat Label.--A carcass,
part of a carcass, meat, or meat food product may not bear a label
identifying the carcass, part of a carcass, meat, or meat food product
as United States meat unless it consists entirely of domestic meat.
``(e) Treatment of Imported Meat and Imported Livestock.--In the
case of imported meat, the country-of-origin label required by this
section shall also identify the country or countries from which the
livestock, carcass, part of a carcass, meat, or meat food product (as
the case may be) was imported into the United States. In the case of
live imported livestock imported into the United States for slaughter,
whether fed for a time in the United States and slaughtered or imported
only for slaughter, the country-of-origin label shall also identify the
country or countries from which the livestock were imported into the
United States.
``(f) Treatment of Blended Products.--In the case of a blended meat
or meat food product, the country-of-origin label required by this
section shall list the country or countries of origin of the livestock
from which the blended meat or meat food product was derived, in
descending order of predominance therein.
``(g) Label Description and Placement.--In the case of a carcass,
part of a carcass, meat, or meat food product offered for sale to an
ultimate purchaser, the country-of-origin label shall be placed on the
carcass, part of the carcass, meat, or meat food product, or its
immediate package or container, in such a location that the label is
clearly visible to the ultimate purchaser. The country-of-origin
lettering shall be of a size at least equal to other lettering
contained on the carcass, meat, or meat food product, or its immediate
package or container.
``(h) Relation to Inspection Stamp.--An inspection stamp required
under section 7 shall not be a substitute for the country-of-origin
label, and shall not be represented by anyone as proof or certification
of the country of origin of the livestock from which a carcass, part of
a carcass, meat, or meat food product is derived.''.
(b) Inclusion of Country-of-Origin Requirements in Definition of
Misbranded.--Section 1(n) of the Federal Meat Inspection Act (21 U.S.C.
601(n)) is amended--
(1) by striking ``or'' at the end of paragraph (11);
(2) by striking the period at the end of paragraph (12) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(13) if it fails to bear a country-of-origin label as
required by section 7A.''.
(c) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of enactment of this Act.
|
States that food-serving institutions and restaurants shall not be required to notify customers of the country-of origin of meat and meat food products served.
Restricts the use of "U.S. meat" label to a carcass or part, meat, or meat food product, consisting entirely of domestic meat.
Includes country-of-origin requirements in the definition of misbranded under such Act.
|
{"src": "billsum_train", "title": "Country-of-Origin Meat Labeling Act of 1999"}
| 1,769 | 86 | 0.59103 | 1.424981 | 1.003532 | 3.226667 | 20.52 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Darlene's Law''.
SEC. 2. NATIONAL ORGAN DONOR REGISTRY.
(a) Establishment.--Part H of title III of the Public Health
Service Act (42 U.S.C. 273 et seq.) is amended by inserting after
section 373 the following:
``national organ donor registry
``Sec. 373A. (a) Establishment.--The Secretary shall establish and
maintain a registry to be known as the National Organ Donor Registry
(in this section referred to as the `registry').
``(b) Contents.--The registry shall consist of each name and
taxpayer identification number transferred to the Secretary under
section 6097(e) of the Internal Revenue Code of 1986.
``(c) Effect.--Notwithstanding any Federal or State law or any
contrary expression of intent, and subject to subsection (d), the
election of an individual to be listed in the registry--
``(1) establishes the intent of the individual to make a
postmortem donation of the individual's organs;
``(2) does not require the consent or concurrence of any
person before or after the individual's death; and
``(3) may not be overridden by any other person.
``(d) Exceptions.--The election of an individual to be listed on
the registry shall have no effect if--
``(1) the individual revokes the election in accordance
with subsection (e); or
``(2) the election occurs on behalf of an individual who is
a dependent and becomes ineffective by operation of section
6097(d)(1) of the Internal Revenue Code of 1986.
``(e) Revocation.--
``(1) In general.--The Secretary shall remove from the
registry the name and taxpayer identification number of any
individual, if so requested by the individual in the form and
manner prescribed by the Secretary.
``(2) Sole manner.--The only manner in which an individual
may revoke an election to be listed in the registry is by
making a request in accordance with this subsection.
``(f) Disclosure.--
``(1) In general.--The Secretary--
``(A) may disclose to appropriate medical personnel
(including by electronic means) whether an individual
is listed in the registry, if so requested by such
personnel; and
``(B) shall disclose to an individual whether such
individual is listed in the registry, if so requested
by the individual.
``(2) Requests.--Any request for a disclosure under this
subsection shall be submitted in such form and manner and
containing such information as the Secretary may require.
``(3) Rule of construction.--This subsection may not be
construed as authorizing the Secretary to disclose any
information about an individual other than whether the
individual is listed in the registry.
``(g) Presumption of Intent.--The listing of an individual in the
registry shall give rise to a presumption that the individual has
elected to be so listed.
``(h) State activities.--Nothing in this section shall preclude or
deny the right of any State or other entity to collect or maintain
evidence to be used, if an individual is not listed in the registry, to
determine the individual's intent regarding postmortem organ donation.
``(i) Information Integrity.--The Secretary shall implement
safeguards--
``(1) to ensure the accuracy of the information in the
registry; and
``(2) to restrict access to such information to authorized
persons, and use of such information to authorized purposes.
``(j) Redisclosure.--The Secretary may not disclose any information
under subsection (f)(1)(A) unless the medical personnel to whom the
information is disclosed agrees to use or disclose such information
only in accordance with criteria established by the Secretary. In
establishing such criteria, the Secretary shall consider privacy
interests and medical needs.''.
SEC. 3. CHECKOFF ON TAX RETURNS FOR NATIONAL ORGAN DONOR REGISTRY.
(a) Opt-in Checkoff on Tax Returns.--Subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new part:
``PART IX--CHECKOFF FOR NATIONAL ORGAN DONOR REGISTRY
``Sec. 6097. Checkoff for national organ
donor registry.
``SEC. 6097. CHECKOFF FOR NATIONAL ORGAN DONOR REGISTRY.
``(a) In General.--Except as provided in subsection (b), in the
case of an individual, with respect to each taxpayer's return for the
taxable year of the tax imposed by chapter 1, such taxpayer may elect
that the taxpayer, the spouse of the taxpayer, and each dependent of
the taxpayer be listed on the National Organ Donor Registry.
``(b) Dependents.--In the case of a dependent who is not a
qualified dependent, the Secretary shall provide an opportunity for
such dependent or such dependent's parent or guardian to elect to have
the dependent listed on the National Organ Donor Registry.
``(c) Definitions.--For purposes of this section:
``(1) The term `National Organ Donor Registry' means the
registry established by the Secretary of Health and Human
Services under section 373A of the Public Health Service Act.
``(2) The term `qualified dependent' means a dependent who,
as determined under applicable State law, is subject to the
control, authority, and supervision of the taxpayer because
such dependent has not attained age 18 or is incompetent.
``(d) Special Rules.--For purposes of this section--
``(1) Dependent's election.--If an individual is not
incompetent and has not attained age 18 at the time of an
election on behalf of the individual, such election shall not
be effective for any calendar year beginning after the year in
which such individual attains age 18.
``(2) Manner and time of designation.--An election under
subsection (a) may be made only at the time of filing a return
of the tax imposed by chapter 1 for a taxable year. Such
election shall be made in such manner as the Secretary
prescribes by regulations except that such election shall be
made either on the first page of the return or on the page
bearing the taxpayer's signature.
``(3) Notice.--The Secretary, after consultation with the
Secretary of Health and Human Services, shall provide notice to
the taxpayer described in subsection (a) or the dependent
described in subsection (b) of the effect of making the
election under this section. In the case of the taxpayer, such
notice may be provided in the instructions for preparing such
return.
``(e) Transfer of Information to National Organ Donor Registry.--
The Secretary shall transfer to the Secretary of Health and Human
Services for inclusion in the National Organ Donor Registry the name
and taxpayer identification number of each individual for whom an
election is made under subsection (a) or (b).''.
(b) Disclosure of Information to National Organ Donor Registry.--
Subsection (i) of section 6103 of such Code (relating to disclosure to
Federal officers or employees for administration of Federal laws not
relating to tax administration) is amended by adding at the end the
following new paragraph:
``(8) Disclosure of name and tin for purposes of national
organ donor registry.--Return information described in section
6097(e) shall be disclosed to the National Organ Donor Registry
(as defined in section 6097(c)(1)) for inclusion on, and
disclosure by, such registry.''.
(c) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Checkoff for national organ
donor registry.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 4. GRANTS TO ORGAN PROCUREMENT ORGANIZATIONS.
Part H of title III of the Public Health Service Act (42 U.S.C 273
et seq.) is amended by inserting after section 377 the following:
``SEC. 377A. GRANTS REGARDING HOSPITAL ORGAN DONATION COORDINATORS.
``(a) Authority.--The Secretary may award grants to qualified organ
procurement organizations described in section 371 to establish
programs coordinating organ donation activities of such organizations
and eligible hospitals, for the purpose of increasing the rate of organ
donations for such hospitals.
``(b) Eligible Hospital.--For purposes of this section, an eligible
hospital is a hospital that performs significant trauma care, or a
hospital or consortium of hospitals that serves a population base of at
least 200,000 individuals.
``(c) Preference.--In awarding grants under subsection (a), the
Secretary shall give preference to an applicant if the Secretary
determines that the probable result of awarding a grant to the
applicant will be a significant increase in the rate of organ donation
for the eligible hospital involved.
``(d) Administration of Coordination Program.--The Secretary may
not make a grant under subsection (a) to a qualified organ procurement
organization unless the organization agrees that the program to be
funded under the grant will be carried out jointly--
``(1) by representatives of the organization and the
eligible hospital involved; and
``(2) by such other entities as the representatives
referred to in paragraph (1) may designate.
``(e) Evaluations.--Not later than 2 years after the first award of
a grant under subsection (a), the Secretary shall ensure an evaluation
of programs carried out pursuant to this section to determine the
extent to which the programs have increased the rate of organ donation
for the eligible hospitals involved. Such evaluation shall include
recommendations on whether the programs should be expanded to include
other grantees, such as hospitals.''.
SEC. 5. INTER-AGENCY TASK FORCE ON ORGAN DONATION AND RESEARCH.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is further amended by adding after section 377A (as added by
section 4) the following:
``SEC. 377B. INTER-AGENCY TASK FORCE ON ORGAN DONATION AND RESEARCH.
``(a) In General.--The Secretary shall establish an inter-agency
task force on organ donation and research (referred to in this section
as the `task force') to improve the coordination and evaluation of--
``(1) federally supported or conducted organ donation
efforts and policies; and
``(2) federally supported or conducted basic, clinical, and
health services research (including research on preservation
techniques and organ rejection and compatibility).
``(b) Composition.--The task force shall be composed of the
following:
``(1) The Surgeon General, who shall serve as the
chairperson.
``(2) Members appointed by the Secretary to represent--
``(A) relevant agencies within the Department of
Health and Human Services (including the Health
Resources and Services Administration, the Centers for
Medicare & Medicaid Services, the National Institutes
of Health, and the Agency for Healthcare Research and
Quality); or
``(B) such other Federal agencies and departments
as determined appropriate by the Secretary.
``(c) Reports.--The task force shall assist the Secretary to
prepare the reports required under section 9 of Darlene's Law.
``(d) Termination.--The task force shall terminate at the end of
fiscal year 2007. Upon such termination, the Secretary shall provide
for the on-going coordination of federally supported or conducted organ
donation and research activities.''.
SEC. 6. DEMONSTRATION PROJECTS, EDUCATION, AND PUBLIC AWARENESS.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is further amended by adding after section 377B (as added by
section 5) the following:
``SEC. 377C. DEMONSTRATION PROJECTS, EDUCATION, AND PUBLIC AWARENESS.
``(a) Grants To Increase Donation Rates.--The Secretary shall award
peer-reviewed grants to public and non-profit private entities,
including States, to carry out studies and demonstration projects to
increase organ donation and recovery rates. Such projects may include
projects to remove financial disincentives to organ donation and
research on issues relating to presumed consent.
``(b) Organ Donation Public Awareness Program.--
``(1) Establishment.--The Secretary shall establish a
public education program in cooperation with existing national
public awareness campaigns to increase awareness about organ
donation and the need to provide for an adequate rate of such
donations.
``(2) Mobile units.--The program established under this
subsection may include the creation of one or more mobile units
to travel around the Nation promoting organ donation.
``(c) Development of Curricula and Other Education Activities.--
``(1) In general.--The Secretary, in coordination with the
Organ Procurement and Transplantation Network and other
appropriate organizations, shall support the development and
dissemination of model curricula to train health care
professionals and other appropriate professionals (including
religious leaders in the community, funeral directors, and law
enforcement officials) in issues relevant to organ donation,
including cultural sensitivities and methods to approach
patients and their families.
``(2) Health care professionals.--For purposes of paragraph
(1), the term `health care professionals' includes--
``(A) medical students, residents, and fellows,
attending physicians, nurses, social workers, and other
allied health professionals; and
``(B) hospital- or other health care facility-based
chaplains; and
``(C) emergency medical personnel.''.
SEC. 7. STUDIES RELATING TO ORGAN AND TISSUE DONATION AND THE RECOVERY,
PRESERVATION, AND TRANSPORTATION OF ORGANS AND TISSUES.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is further amended by adding after section 377C (as added by
section 6) the following:
``SEC. 377D. STUDIES RELATING TO ORGAN AND TISSUE DONATION AND THE
RECOVERY, PRESERVATION, AND TRANSPORTATION OF ORGANS AND
TISSUES.
``(a) Development of Supportive Information.--The Secretary, acting
through the Administrator of the Health Resources and Services
Administration and the Director of the Agency for Healthcare Research
and Quality, shall develop scientific evidence in support of efforts to
increase organ and tissue donation and improve the recovery,
preservation, and transportation of organs and tissues.
``(b) Activities.--In carrying out subsection (a), the Secretary
shall--
``(1) conduct or support evaluation research to determine
whether interventions, technologies, or other activities
improve the effectiveness, efficiency, or quality of existing
organ and tissue donation practice;
``(2) undertake or support periodic reviews of the
scientific literature to assist efforts of professional
societies to ensure that the clinical practice guidelines that
they develop reflect the latest scientific findings;
``(3) ensure that scientific evidence of the research and
other activities undertaken under this section is readily
accessible by the organ procurement workforce; and
``(4) work in coordination with the appropriate
professional societies as well as the Organ Procurement and
Transplantation Network and other organ procurement and
transplantation organizations to develop evidence and promote
the adoption of such proven practices.
``(c) Research, Demonstrations, and Training.--The Secretary,
acting through the Administrator of the Health Resources and Services
Administration and the Director of the Agency for Healthcare Research
and Quality, as appropriate, shall provide support for research,
demonstrations, and training, as appropriate--
``(1) to develop a uniform clinical vocabulary for organ
recovery;
``(2) to apply information technology and
telecommunications to support the clinical operations of organ
procurement organizations;
``(3) to enhance the skill levels of the organ procurement
workforce in undertaking quality improvement activities; and
``(4) to assess specific organ recovery, preservation, and
transportation technologies.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 378 of the Public Health Service Act (42 U.S.C. 274g) is
amended--
(1) by striking ``For the purpose'' and inserting ``(a) In
General.--For the purpose''; and
(2) by adding at the end the following:
``(b) Grants to Organ Procurement Organizations.--For the purpose
of carrying out section 377A, there are authorized to be appropriated
(in addition to amounts authorized to be appropriated under subsection
(a)) $3,000,000 for fiscal year 2003, and such sums as may be necessary
for each of fiscal years 2004 through 2007.
``(c) Other Programs.--For the purpose of carrying out sections
377B, 377C, and 377D, there are authorized to be appropriated (in
addition to amounts authorized to be appropriated under subsection (a))
$10,000,000 for fiscal year 2003, and such sums as may be necessary for
each of fiscal years 2004 through 2007.''.
SEC. 9. REPORTS.
(a) In General.--The Secretary of Health and Human Services shall
submit to the Congress--
(1) not later than the end of 2004, an interim report; and
(2) not later than the end of 2007, a final report.
(b) Contents.--The reports required by this section shall each
contain a detailed statement on the progress and efficacy of the
activities carried out under the amendments made by this Act.
|
Darlene's Law - Amends the Public Health Services Act to direct the Secretary of Health and Human Services to establish and maintain the National Organ Donor Registry.Provides for an opt-in organ donation checkoff on income tax forms. Sets forth notice and disclosure requirements.Requires the Secretary of the Treasury to transfer the name and taxpayer identification number of individuals opting for organ donation to the Registry, exempting such disclosure from otherwise applicable prohibitions on the non-tax use of tax form information.Authorizes the Secretary to award grants to qualified organ procurement organizations to establish programs coordinating organ donation activities with hospitals to increase the rate of organ donation for such hospitals.Directs the Secretary to establish an interagency task force on organ donation and research.Requires the Secretary to: (1) award peer-reviewed grants for studies and demonstration projects to increase organ donation and recovery rates, including removing financial disincentives; (2) establish an organ donation public awareness program; (3) support model curricula in relevant issues; (4) develop scientific evidence to support increased donation and improve recovery, transportation, and preservation of organs and tissues; and (5) support research to develop a uniform vocabulary, apply information technology, and enhance the skills and technologies used in organ procurement.
|
{"src": "billsum_train", "title": "To provide for the establishment of a National Organ Donor Registry, and for other purposes."}
| 3,941 | 270 | 0.529806 | 1.384751 | 0.912428 | 2.825 | 14.795833 | 0.916667 |
SECTION 1. ANNUAL REPORT BY SECRETARY OF THE TREASURY.
(a) In General.--Not later than March 1 of each year, the Secretary
of the Treasury shall submit to the Congress a report that identifies
each country that is a country of concern because the government of
that country is not complying with the requirements of the
International Convention for the Suppression of the Financing of
Terrorism, regardless of whether the country is a State party to the
Convention. The report shall include the information on which the
Secretary relied in determining whether or not each country is such a
country of concern. The report shall also include the efforts made by
the United States to provide to that government technical assistance to
comply with such requirements.
(b) Application.--For purposes of subsection (a), paragraph 1(a) of
article 2 of the Convention shall be applied to a country as if that
country were a party to each of the treaties listed in the annex to the
Convention.
SEC. 2. WITHHOLDING OF ASSISTANCE; WITHHOLDING OF ACCESS TO FINANCIAL
INSTITUTIONS; SPECIAL MEASURES.
(a) Withholding of Bilateral Assistance; Opposition to Multilateral
Development Assistance; Special Measures.--
(1) Bilateral assistance.--Fifty percent of the United
States assistance allocated each fiscal year in the report
required by section 653 of the Foreign Assistance Act of 1961
for each country of concern listed in the report submitted to
Congress under section 1 shall be withheld from obligation and
expenditure, except as provided in subsection (c).
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to vote, on and after March 1 of
each year, against any loan or other utilization of the funds
of their respective institution to or for any country of
concern listed in the report submitted under section 1(a),
except as provided in subsection (c). For purposes of this
paragraph, the term ``multilateral development bank'' means the
International Bank for Reconstruction and Development, the
International Development Association, the Inter-American
Development Bank, the Asian Development Bank, the African
Development Bank, and the European Bank for Reconstruction and
Development.
(3) Special measures.--Except as provided in subsection
(c), the Secretary of the Treasury may require domestic
financial agencies to take 1 or more of the special measures
described in section 5318A(c) of title 31, United States Code,
with respect to a country of concern identified in the most
recent report submitted under section 1(a), including financial
institutions operating outside the United States engaging in
financial transactions in that country with nationals or
entities of that country, to the same extent as if such country
or financial institution were of primary money laundering
concern under such section 5318A.
(b) Certification Procedures.--
(1) What must be certified.--Subject to subsection (c), the
assistance withheld from a country pursuant to subsection
(a)(1) may be obligated and expended, the requirement of
subsection (a)(2) to vote against multilateral development bank
assistance to a country shall not apply, and subsection (a)(3)
shall not apply, if the Secretary of the Treasury determines
and certifies to the Congress, at the time of the submission of
the report required by section 1(a), that--
(A) during the previous year--
(i) the United States offered technical
assistance to the country to assist the country
in complying with the requirements of the
Convention; and
(ii) the country has taken adequate steps
to comply with the requirements of the
Convention and to cooperate fully with the
United States in efforts to comply with such
requirements, including by--
(I) establishing laws and
regulations to prohibit offenses under
the Convention and enforcing those laws
and regulations;
(II) identifying and freezing or
seizing assets used in the commission
of offenses referred to in subclause
(I);
(III) investigating, prosecuting,
or extraditing persons committing, or
suspected of committing, any such
offense; and
(IV) regulating and monitoring
public an private charitable entitie,
transmissions of funds, formal and
informal financial systems and
institutions such as banks, financial
markets, the insurance sector,
financial and high-value commodity
markets, and remittance services, for
purposes of identifying persons
committing any such offense; or
(B) for a country that would not otherwise qualify
for certification under subparagraph (A), the vital
national security interests of the United States
require that the assistance withheld pursuant to
subsection (a)(1) be provided, that the United States
not vote against multilateral development bank
assistance for that country pursuant to subsection
(a)(2), and that subsection (a)(3) not apply to that
country, except that any such determination shall not
take effect until at least 15 days after the Secretary
of the Treasury submits written notification of that
determination to the appropriate congressional
committees in accordance with the procedures applicable
to reprogramming notifications under section 634A of
the Foreign Assistance Act of 1961.
(2) Information to be included in national interest
certification.--If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the
President shall include in such certification--
(A) a full and complete description of the vital
national security interests placed at risk if United
States bilateral assistance to that country is
terminated pursuant to this section, multilateral
development bank assistance is not provided to such
country, and special measures are imposed under
subsection (a)(3) with respect to that country; and
(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national security interests of the United States by the
failure of such country to meet the requirements of
paragraph (1)(A).
(c) Congressional Review.--Subsection (d) shall apply if, within 30
calendar days after receipt of a certification submitted under
subsection (b) at the time of submission of the report required by
section 1(a), the Congress enacts a joint resolution disapproving the
determination of the President contained in such certification.
(d) Consequences for Countries Decertified.--If the Secretary of
the Treasury does not make a certification under subsection (b) with
respect to a country or the Congress enacts a joint resolution
disapproving such certification, then until such time as the conditions
specified in subsection (e) are satisfied--
(1) funds may not be obligated for United States assistance
for that country, and funds previously obligated for United
States assistance for that country may not be expended for the
purpose of providing assistance for that country;
(2) the requirement to vote against multilateral
development bank assistance pursuant to subsection (a)(2) shall
apply with respect to that country, without regard to the date
specified in that subsection; and
(3) subsection (a)(3) shall apply with respect to that
country.
(e) Recertification.--Subsection (d) shall apply to a country
described in that subsection until--
(1) the Secretary of the Treasury, at the time of
submission of the report required by section 1(a), makes a
certification under subsection (b)(1)(A) or (b)(1)(B) with
respect to that country, and the Congress does not enact a
joint resolution under subsection (d) disapproving the
determination of the President contained in that certification;
or
(2) the Secretary of the Treasury, at any other time, makes
the certification described in subsection (b)(1)(B) with
respect to that country, except that this paragraph applies
only if either--
(A) the Secretary also certifies that--
(i) that country has undergone a
fundamental change in government; or
(ii) there has been a fundamental change in
the conditions that were the reason--
(I) why the Secretary had not made
a certification with respect to that
country under subsection (b)(1)(A); or
(II) if the Secretary had made such
a certification and the Congress
enacted a joint resolution disapproving
the determination contained in the
certification, why the Congress enacted
that joint resolution; or
(B) the Congress enacts a joint resolution
approving the determination contained in the
certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss
the justification for the certification.
(f) Senate Procedures.--Any joint resolution under this section
shall be considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
SEC. 3. DEFINITIONS.
In this Act:
(1) Convention.--The term ``Convention'' means the
International Convention for the Suppression of the Financing
of Terrorism.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
|
Directs the Secretary of the Treasury to identify and report annually on each country that is a country of concern because its government is not complying with the International Convention for the Suppression of the Financing of Terrorism, regardless of whether the country is a party to the Convention.
Requires with respect to such a country: (1) withholding of 50 percent of bilateral assistance; and (2) withholding of access to financial institution multilateral assistance.
Authorizes the Secretary to require domestic financial institutions to take special measures with respect to a country of concern, including financial institutions operating outside the United States engaging in financial transactions in such country to the same extent as if such country or financial institution were of primary money laundering concern.
Exempts a country from such prohibitions if the President certifies to Congress that: (1) during the previous year the country has cooperated fully with the United States or has taken adequate steps to terminate financial support for terrorism; or (2) for a country that would not otherwise qualify for such certification, vital U.S. national interests apply.
|
{"src": "billsum_train", "title": "To require that certain measures be taken with respect to countries of concern regarding terrorist financing."}
| 1,930 | 227 | 0.598124 | 1.740833 | 0.839592 | 4.17734 | 8.827586 | 0.935961 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Within hours after the attacks on Pearl Harbor, Hawaii,
the Imperial Japanese forces launched an attack on the
Philippines, cutting off vital lines of communication to United
States and Filipino troops assigned to the United States Army
Forces in the Far East under the command of General Douglas
MacArthur.
(2) On December 8th, 1941, the 200th Coast Artillery
Regiment, successors to the New Mexico National Guardsmen who
made up part of the famed ``Rough Riders'' of the Spanish-
American War, were the ``first to fire''.
(3) Despite being cut off from supply lines and
reinforcements, the United States and Philippine Forces quickly
executed a plan to delay the Japanese invasion and defend the
Philippines against the Japanese invasion.
(4) By April 1942, troops from the United States and the
Philippines had bravely and staunchly fought off enemy attacks
in Bataan for more than 4 months under strenuous conditions
that resulted in widespread starvation and disease.
(5) By maintaining their position and engaging the enemy
for as long as they did, the troops at Bataan were able to
redefine the momentum of the war, delaying the Japanese
timetable to take control of the southeast Pacific for needed
war materials. Because of the Bataan defenders' heroic actions,
United States and Allied forces throughout the Pacific had time
to regroup and prepare for the successful liberation of the
Pacific and the Philippines.
(6) On April 9, 1942, Major General Edward King, his troops
suffering from starvation and a lack of supplies, surrendered
the soldiers from the United States and the Philippines into
enemy hands.
(7) Over the next week, troops from the United States and
the Philippines were taken prisoner and forced to march 65
miles without any food, water, or medical care in what came to
be known as the ``Bataan Death March''.
(8) During this forced march, thousands of soldiers died,
either from starvation, lack of medical care, sheer exhaustion,
or abuse by their captors.
(9) Conditions at the prisoner of war camps were appalling,
leading to increased disease and malnutrition among the
prisoners.
(10) The prisoners at Camp O'Donnell would die at a rate of
nearly 400 per day because of its poor conditions.
(11) On June 6, 1942, the prisoners from the United States
were transferred to Camp Cabanatuan, north of Camp O'Donnell.
(12) Nearly 26,000 of the 50,000 Filipino Prisoners of War
died at Camp O'Donnell, and survivors were gradually paroled
from September through December 1942.
(13) Between September of 1942 and December of 1944,
American prisoners of war who survived the horrific death march
were shipped north for forced labor aboard ``hell ships'' and
succumbed in great numbers because of the abysmal conditions.
Many of the ships were mistakenly targeted by allied Naval
forces because the Japanese military convoys were not properly
labeled as carrying prisoners of war. The sinking of the Arisan
Maru alone, claimed nearly 1,800 American lives.
(14) The prisoners who remained in the camps suffered from
continued mistreatment, malnutrition, lack of medical care, and
horrific conditions until they were liberated in 1945.
(15) The veterans of Bataan represented the best of America
and the Philippines. They hailed from diverse locales across
both countries and represented a true diversity of Americans.
(16) Over the subsequent decades, these prisoners formed
support groups, were honored in local and State memorials, and
told their story to all people of the United States.
(17) The United States Navy has continued to honor their
history and stories by naming 2 ships after the battle
including 1 ship still in service, USS Bataan (LHD-5), in
memory of their valor and honorable resistance against Imperial
Japanese forces.
(18) Many of the survivors of Bataan have now passed away,
and those who remain continue to tell their story.
(19) The people of the United States and the Philippines
are forever indebted to these men for--
(A) the courage and tenacity they demonstrated
during the first 4 months of World War II fighting
against enemy soldiers; and
(B) the perseverance they demonstrated during 3
years of capture, imprisonment, and atrocious
conditions, while maintaining dignity, honor,
patriotism, and loyalty.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design in honor of the troops from the United
States and the Philippines who defended Bataan and were subsequently
prisoners of war, collectively, in recognition of their personal
sacrifice and service to their country during World War II.
(b) Design and Striking.--For purposes of the award under
subsection (a), the Secretary of the Treasury (hereafter 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) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the defenders and prisoners of war at Bataan under
subsection (a), the gold medal shall be given to the
Smithsonian Institution, where it shall be displayed as
appropriate and made available for research.
(2) Sense of the congress.--It is the sense of the Congress
that the Smithsonian Institution should make the gold medal
received under paragraph (1) available for display at other
locations, particularly such locations as are associated with
the prisoners of war at Bataan.
SEC. 3. DUPLICATE MEDALS.
(a) Striking of Duplicates.--Under such regulations as the
Secretary may prescribe, the Secretary may strike duplicates in bronze
of the gold medal struck under section 2.
(b) Selling of Duplicates.--The Secretary may sell such duplicates
under subsection (a) at a price sufficient to cover the costs of such
duplicates, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are National medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
|
Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution.
Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan.
|
{"src": "billsum_train", "title": "A bill to grant the Congressional Gold Medal to the troops who defended Bataan during World War II."}
| 1,503 | 108 | 0.362059 | 0.950702 | 0.225735 | 4.255556 | 15.422222 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arming Pilots Against Terrorism and
Cabin Defense Act of 2002''.
SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--Not later than 90 days after the date of
enactment of the Arming Pilots Against Terrorism and Cabin Defense Act
of 2002, the Under Secretary of Transportation for Security shall
establish a program to deputize qualified pilots of commercial cargo or
passenger aircraft who volunteer for the program as Federal law
enforcement officers to defend the flight decks of commercial aircraft
of air carriers engaged in air transportation or intrastate air
transportation against acts of criminal violence or air piracy. Such
officers shall be known as `Federal flight deck officers'. The program
shall be administered in connection with the Federal air marshal
program.
``(b) Qualified Pilot.--Under the program described in subsection
(a), a qualified pilot is a pilot of an aircraft engaged in air
transportation or intrastate air transportation who--
``(1) is employed by an air carrier;
``(2) has demonstrated fitness to be a Federal flight deck
officer in accordance with regulations promulgated pursuant to
this title; and
``(3) has been the subject of an employment investigation
(including a criminal history record check) under section
44936(a)(1).
``(c) Training, Supervision, and Equipment.--The Under Secretary of
Transportation for Security shall provide or make arrangements for
training, supervision, and equipment necessary for a qualified pilot to
be a Federal flight deck officer under this section at no expense to
the pilot or the air carrier employing the pilot. The Under Secretary
may approve private training programs which meet the Under Secretary's
specifications and guidelines. Air carriers shall make accommodations
to facilitate the training of their pilots as Federal flight deck
officers and shall facilitate Federal flight deck officers in the
conduct of their duties under this program.
``(d) Deputization.--
``(1) In general.--The Under Secretary of Transportation
for Security shall train and deputize, as a Federal flight deck
officer under this section, any qualified pilot who submits to
the Under Secretary a request to be such an officer.
``(2) Initial deputization.--Not later than 120 days after
the date of enactment of this section, the Under Secretary
shall deputize not fewer than 500 qualified pilots who are
former military or law enforcement personnel as Federal flight
deck officers under this section.
``(3) Full implementation.--Not later than 24 months after
the date of enactment of this section, the Under Secretary
shall deputize any qualified pilot as a Federal flight deck
officer under this section.
``(e) Compensation.--Pilots participating in the program under this
section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer.
``(f) Authority To Carry Firearms.--The Under Secretary of
Transportation for Security shall authorize a Federal flight deck
officer under this section to carry a firearm to defend the flight deck
of a commercial passenger or cargo aircraft while engaged in providing
air transportation or intrastate air transportation. No air carrier may
prohibit a Federal flight deck officer from carrying a firearm in
accordance with the provisions of the Arming Pilots Against Terrorism
and Cabin Defense Act of 2002.
``(g) Authority To Use Force.--Notwithstanding section 44903(d), a
Federal flight deck officer may use force (including lethal force)
against an individual in the defense of a commercial aircraft in air
transportation or intrastate air transportation if the officer
reasonably believes that the security of the aircraft is at risk.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the air carrier employing a pilot of
an aircraft who is a Federal flight deck officer under this
section or out of the acts or omissions of the pilot in
defending an aircraft of the air carrier against acts of
criminal violence or air piracy.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending an aircraft
against acts of criminal violence or air piracy unless the
officer is guilty of gross negligence or willful misconduct.
``(3) Employee status of federal flight deck officers.--A
Federal flight deck officer shall be considered an `employee of
the Government while acting within the scope of his office or
employment' with respect to any act or omission of the officer
in defending an aircraft against acts of criminal violence or
air piracy, for purposes of sections 1346(b), 2401(b), and 2671
through 2680 of title 28 United States Code.
``(i) Regulations.--Not later than 90 days after the date of
enactment of this section, the Under Secretary of Transportation for
Security, in consultation with the Firearms Training Unit of the
Federal Bureau of Investigation, shall issue regulations to carry out
this section.
``(j) Pilot Defined.--In this section, the term `pilot' means an
individual who is responsible for the operation of an aircraft, and
includes a co-pilot or other member of the flight deck crew.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter 449 is
amended by inserting after the item relating to section 44920
the following new item:
``44921. Federal flight deck officer program.''.
(2) Employment investigations.--Section 44936(a)(1)(B) is
amended--
(A) by aligning clause (iii) with clause (ii);
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding at the end the following:
``(v) qualified pilots who are deputized as
Federal flight deck officers under section
44921.''.
(3) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (49 U.S.C. 44903 note) is repealed.
SEC. 3. CABIN SECURITY.
(a) Technical Amendments.--Section 44903, of title 49, United
States Code, is amended--
(1) by redesignating subsection (h) (relating to authority
to arm flight deck crew with less-than-lethal weapons, as added
by section 126(b) of public law 107-71) as subsection (j); and
(2) by redesignating subsection (h) (relating to limitation
on liability for acts to thwart criminal violence or aircraft
piracy, as added by section 144 of public law 107-71) as
subsection (k).
(b) Aviation Crewmember Self-Defense Division.--Section 44918 of
title 49, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) In General.--
``(1) Requirement for air carriers.--Not later than 60 days
after the date of enactment of the Arming Pilots Against
Terrorism and Cabin Defense Act of 2002, the Under Secretary of
Transportation for Security, shall prescribe detailed
requirements for an air carrier cabin crew training program,
and for the instructors of that program as described in
subsection (b) to prepare crew members for potential threat
conditions. In developing the requirements, the Under Secretary
shall consult with appropriate law enforcement personnel who
have expertise in self-defense training, security experts, and
terrorism experts, and representatives of air carriers and
labor organizations representing individuals employed in
commercial aviation.
``(2) Aviation crewmember self-defense division.--Not later
than 60 days after the date of enactment of the Arming Pilots
Against Terrorism and Cabin Defense Act of 2002, the Under
Secretary of Transportation for Security shall establish an
Aviation Crew Self-Defense Division within the Transportation
Security Administration. The Division shall develop and
administer the implementation of the requirements described in
this section. The Under Secretary shall appoint a Director of
the Aviation Crew Self-Defense Division who shall be the head
of the Division. The Director shall report to the Under
Secretary. In the selection of the Director, the Under
Secretary shall solicit recommendations from law enforcement,
air carriers, and labor organizations representing individuals
employed in commercial aviation. The Director shall have a
background in self-defense training, including military or law
enforcement training with an emphasis in teaching self-defense
and the appropriate use force. Regional training supervisors
shall be under the control of the Director and shall have
appropriate training and experience in teaching self-defense
and the appropriate use of force.'';
(2) by striking subsection (b), and inserting the following
new subsection:
``(b) Program Elements.--
``(1) In general.--The requirements prescribed under
subsection (a) shall include, at a minimum, 28 hours of self-
defense training that incorporates classroom and situational
training that contains the following elements:
``(A) Determination of the seriousness of any
occurrence.
``(B) Crew communication and coordination.
``(C) Appropriate responses to defend oneself,
including a minimum of 16 hours of hands-on training,
with reasonable and effective requirements on time
allotment over a 4 week period, in the following levels
of self-defense:
``(i) awareness, deterrence, and avoidance;
``(ii) verbalization;
``(iii) empty hand control;
``(iv) intermediate weapons and self-
defense techniques; and
``(v) deadly force.
``(D) Use of protective devices assigned to
crewmembers (to the extent such devices are approved by
the Administrator or Under Secretary).
``(E) Psychology of terrorists to cope with
hijacker behavior and passenger responses.
``(F) Live situational simulation joint training
exercises regarding various threat conditions,
including all of the elements required by this section.
``(G) Flight deck procedures or aircraft maneuvers
to defend the aircraft.
``(2) Program elements for instructors.--The requirements
prescribed under subsection (a) shall contain program elements
for instructors that include, at a minimum, the following:
``(A) A certification program for the instructors
who will provide the training described in paragraph
(1).
``(B) A requirement that no training session shall
have fewer than 1 instructor for every 12 students.
``(C) A requirement that air carriers provide
certain instructor information, including names and
qualifications, to the Aviation Crew Member Self-
Defense Division within 30 days after receiving the
requirements described in subsection (a).
``(D) Training course curriculum lesson plans and
performance objectives to be used by instructors.
``(E) Written training bulletins to reinforce
course lessons and provide necessary progressive
updates to instructors.
``(3) Recurrent training.--Each air carrier shall provide
the training under the program every 6 months after the
completion of the initial training.
``(4) Initial training.--Air carriers shall provide the
initial training under the program within 24 months of the date
of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002.
``(5) Communication devices.--The requirements described in
subsection (a) shall include a provision mandating that air
carriers provide flight and cabin crew with a discreet, hands-
free, wireless method of communicating with the flight deck.'';
and
(3) by adding at the end the following new subsections:
``(f) Rulemaking Authority.--Notwithstanding subsection (j)
(relating to authority to arm flight deck crew with less than-lethal
weapons) of section 44903, of this title, within 180 days after the
date of enactment of the Arming Pilots Against Terrorism and Cabin
Defense Act of 2002, the Under Secretary of Transportation for
Security, in consultation with persons described in subsection (a)(1),
shall prescribe regulations requiring air carriers to--
``(1) provide adequate training in the proper conduct of a
cabin search and allow adequate duty time to perform such a
search; and
``(2) conduct a preflight security briefing with flight
deck and cabin crew and, when available, Federal air marshals
or other authorized law enforcement officials.
``(g) Limitation on Liability.--
``(1) Air carriers.--An air carrier shall not be liable for
damages in any action brought in a Federal or State court
arising out of the acts or omissions of the air carrier's
training instructors or cabin crew using reasonable and
necessary force in defending an aircraft of the air carrier
against acts of criminal violence or air piracy.
``(2) Training instructors and cabin crew.--An air
carrier's training instructors or cabin crew shall not be
liable for damages in any action brought in a Federal or State
court arising out of an act or omission of a training
instructor or a member of the cabin crew regarding the defense
of an aircraft against acts of criminal violence or air piracy
unless the crew member is guilty of gross negligence or willful
misconduct.''.
(c) Nonlethal Weapons for Flight Attendants.--
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to determine whether possession
of a nonlethal weapon by a member of an air carrier's cabin
crew would aid the flight deck crew in combating air piracy and
criminal violence on commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary of Transportation
for Security shall prepare and submit to Congress a report on
the study conducted under paragraph (1).
|
Arming Pilots Against Terrorism and Cabin Defense Act of 2002 - Amends federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize volunteer qualified pilots of commercial cargo or passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers.Authorizes flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct.Directs the Under Secretary to prescribe requirements for an air carrier cabin crew training program and its instructors. Shields an air carrier liability for actions or omissions of training instructors or cabin crew in defending an aircraft. Shields training instructors and cabin crew from liability except in cases of gross negligence or willful misconduct.Directs the Under Secretary to form an Aviation Crew Self-Defense Division within the Transportation Security Administration to develop and implement the program for training cabin crew members.Directs the Under Secretary of Transportation for Security to study and report to Congress on whether possession of a nonlethal weapon by a member of an air carrier's cabin crew would aid the flight deck crew in combating air piracy and criminal violence on commercial airlines.
|
{"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes."}
| 3,125 | 327 | 0.659389 | 1.863426 | 0.868229 | 4.623188 | 10.416667 | 0.92029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Research and
Experimentation Simplification Act of 2009''.
SEC. 2. RESEARCH TAX CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. SIMPLIFIED SMALL BUSINESS RESEARCH CREDIT.
``(a) In General.--In the case of an eligible small business, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 20 percent of the qualified
research expenses of the taxpayer for the taxable year.
``(b) Qualified Research Expenditures.--For purposes of this
section, the term `qualified research expenses' has the meaning given
such term by section 41(b), except that in lieu of applying paragraph
(2)(C) thereof (defining supplies) the term `supplies' means any
tangible property other than land.
``(c) Eligible Small Business.--For purposes of this section--
``(1) In general.--The term `eligible small business' means
with respect to any taxable year beginning in a calendar year,
any employer if such employer employed an average of 500 or
fewer employees on business days during the preceding calendar
year. For purposes of the preceding sentence, a preceding
calendar year may be taken into account only if the employer
was in existence throughout such year.
``(2) Employers not in existence in preceding year.--In the
case of an employer which was not in existence throughout the
preceding calendar year, the determination under paragraph (1)
shall be based on the average number of employees that it is
reasonably expected such employer will employ on business days
in the current calendar year.
``(d) Limitation Based on Amount of Tax.--In the case of a taxable
year to which section 26(a)(2) does not apply, the credit allowed under
subsection (a) for any taxable year 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 subpart
(other than this section and sections 23, 25D, 30, 30B, and
30D) and section 27 for the taxable year.
``(e) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by an amount equal
to 25 percent of the excess (if any) of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the amount of the credit allowable under
subsection (a) (determined without regard to this
subsection and section 26(a) or subsection (d), as the
case may be).
The amount of the credit allowed under this subsection shall
not be treated as a credit allowed under this subpart and shall
reduce the amount of credit otherwise allowable under
subsection (a) without regard to section 26(a)(2) or subsection
(d), as the case may be.
``(2) Application of subsection.--This subsection shall
apply only with respect to the first 5 taxable years of an
eligible small business (including the taxable years of any
predecessor in interest).
``(f) Special Rules.--For purposes of this section--
``(1) Controlled groups.--All persons treated as a single
employer under subsection (a) or (b) of section 52 or
subsection (m) or (o) of section 414 shall be treated as a
single person.
``(2) Denial of double benefit.--
``(A) Coordination with other provisions.--Any
amount taken into account under subsection (a) shall
not be taken into account in determining any deduction
or other credit allowed under this chapter.
``(B) Reduction in basis.--For purposes of this
subtitle, the basis of any property for which a credit
is allowable under subsection (a) shall be reduced by
the amount of such credit so allowed and attributable
to such property.
``(3) Special rule for pass-thru of credit.--In the case of
an individual who--
``(A) owns an interest in an unincorporated trade
or business,
``(B) is a partner in a partnership,
``(C) is a beneficiary of an estate or trust, or
``(D) is a shareholder in an S corporation,
the amount determined under subsection (a) for any taxable year
shall not exceed an amount (separately computed with respect to
such person's interest in such trade or business or entity)
equal to the amount of tax attributable to that portion of a
person's taxable income which is allocable or apportionable to
the person's interest in such trade or business or entity.
``(g) Termination.--Subsection (a) shall not apply to taxable years
beginning after December 31, 2015.''.
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(2) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(3) Section 25A(i)(5)(B) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(4) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(5) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(6) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(7) Section 1400C(d)(2) of such Code is amended by
inserting ``, and 30E'' after ``30D''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30E. Simplified small business research credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. GAO STUDY ON SIMPLIFIED SMALL BUSINESS RESEARCH CREDIT.
Not later than June 30, 2015, the Comptroller General, in
consultation with the Secretary of the Treasury, shall submit to the
Committee on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate a report
detailing the Comptroller General's analysis of the usefulness and
effectiveness of, and any recommended changes with respect to, the
simplified small business research credit determined under section 30E
of the Internal Revenue Code of 1986.
|
Small Business Research and Experimentation Simplification Act of 2009 - Amends the Internal Revenue Code to allow small business employers with an average of 500 or fewer employees in a calendar year a partially refundable tax credit for 20% of their research expenditures. Terminates such credit after 2015.
Requires the Comptroller General to report to Congress by June 30, 2015, on an analysis of the usefulness and effectiveness of any recommended changes in the research tax credit allowed by this Act.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a simplified research tax credit for small businesses."}
| 1,654 | 105 | 0.54373 | 1.310943 | 1.043645 | 2.590909 | 16.465909 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sex Offender Registry Act
of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Criminal offense against a victim who is a minor.--The
term ``criminal offense against a victim who is a minor'' has
the same meaning as in section 170101(a)(3) of the Jacob
Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14071(a)(3)).
(2) Minimally sufficient sexual offender registration
program.--The term ``minimally sufficient sexual offender
registration program'' has the same meaning as in section
170102(a) of the Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act (42 U.S.C.
14072(a)).
(3) Sexually violent offense.--The term ``sexually violent
offense'' has the same meaning as in section 170101(a)(3) of
the Jacob Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act (42 U.S.C. 14071(a)(3)).
(4) Sexually violent predator.--The term ``sexually violent
predator'' has the same meaning as in section 170102(a) of the
Jacob Wetterling Crimes Against Children and Sexually Violent
Offender Registration Act (42 U.S.C. 14072(a)).
SEC. 3. ESTABLISHMENT OF DATABASE.
(a) In General.--The Attorney General shall establish a National
sex offender registry that--
(1) makes publicly available, via the Internet, all
information required to be submitted by States to the Attorney
General under subsection (b); and
(2) allows for users of the registry to determine which
registered sex offenders are currently residing within a
radius, as specified by the user of the registry, of the
location indicated by the user of the registry.
(b) Information From States.--
(1) In general.--If any person convicted of a criminal
offense against a victim who is a minor or a sexually violent
offense, or any sexually violent predator, is required to
register with a minimally sufficient sexual offender
registration program within a State, including a program
established under section 170101 of the Jacob Wetterling Crimes
Against Children and Sexually Violent Offender Registration Act
(42 U.S.C. 14017(b)), that State shall submit to the Attorney
General--
(A) the name and any known aliases of the person;
(B) the date of birth of the person;
(C) the current address of the person and any
subsequent changes of that address;
(D) a physical description and current photograph
of the person;
(E) the nature of and date of commission of the
offense by the person; and
(F) the date on which the person is released from
prison, or placed on parole, supervised release, or
probation.
(2) States without registration program.--The Federal
Bureau of Investigation shall collect from any person required
to register under section 170102(c) of the Jacob Wetterling
Crimes Against Children and Sexually Violent Offender
Registration Act (42 U.S.C. 14072(b)) the information required
under paragraph (1), and submit that information to the
Attorney General for inclusion in the National sex offender
registry established under section 2.
SEC. 4. RELEASE OF HIGH RISK INMATES.
(a) Civil Commitment Proceedings.--
(1) In general.--Any State that provides for a civil
commitment proceeding, or any equivalent proceeding, shall
issue timely notice to the attorney general of that State of
the impending release of any person incarcerated by the State
who--
(A) is a sexually violent predator; or
(B) has been deemed by the State to be at high-risk
for recommitting any sexually violent offense or
criminal offense against a victim who is a minor.
(2) Review.--Upon receiving notice under paragraph (1), the
State attorney general shall consider whether or not to
institute a civil commitment proceeding, or any equivalent
proceeding required under State law.
(b) Monitoring of Released Persons.--
(1) In general.--Each State shall intensively monitor, for
not less than 1 year, any person described under paragraph (2)
who--
(A) has been unconditionally released from
incarceration by the State; and
(B) has not been civilly committed pursuant to a
civil commitment proceeding, or any equivalent
proceeding under State law.
(2) Applicability.--Paragraph (1) shall apply to--
(A) any sexually violent predator; or
(B) any person who has been deemed by the State to
be at high-risk for recommitting any sexually violent
offense or criminal offense against a victim who is a
minor.
SEC. 5. COMPLIANCE.
(a) Compliance Date.--Each State shall have not more than 3 years
from the date of enactment of this Act in which to implement the
requirements of sections 3 and 4.
(b) Ineligibility for Funds.--A State that fails to submit the
information required under section 3(b) to the Attorney General, or
fails to implement the requirements of section 4, shall not receive 25
percent of the funds that would otherwise be allocated to the State
under section 20106(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (42 U.S.C. 13706(b)).
(c) Reallocation of Funds.--Any funds that are not allocated for
failure to comply with this section shall be reallocated to States that
comply with sections 3 and 4.
|
National Sex Offender Registry Act of 2004 - Directs the Attorney General to establish a national sex offender registry that: (1) makes publicly available, via the Internet, information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor; and (2) allows users to determine which registered sex offenders are currently residing within a specified area.
Requires States and the Federal Bureau of Investigation to submit to the Attorney General specified information regarding convicted persons who are required to register with a sexual offender registration program, including: (1) that person's name, address, date of birth, physical description, and photograph; (2) the nature and date of commission of the offense; and (3) the date on which that individual is released from prison or placed on parole, supervised release, or probation.
Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of any impending release of a sexually violent predator or of anyone who has been deemed by the State to be at high-risk for recommitting specified sexual or violent offenses; (2) the State attorney general to consider whether or not to institute a civil commitment proceeding; and (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed.
Makes a State that fails to submit the required information or to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994.
|
{"src": "billsum_train", "title": "To establish a national sex offender registration database, and for other purposes."}
| 1,265 | 348 | 0.54167 | 1.712934 | 0.769936 | 3.606349 | 3.425397 | 0.939683 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Bank Mortgage Servicing
Asset Capital Requirements Study Act of 2014''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Banking institution.--The term ``banking institution''
means a bank holding company, insured depository institution,
or savings and loan holding company.
(2) Basel iii capital requirements.--The term ``Basel III
capital requirements'' means the Global Regulatory Framework
for More Resilient Banks and Banking Systems issued by the
Basel Committee on Banking Supervision on December 16, 2010, as
revised on June 1, 2011.
(3) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, and the
Federal Deposit Insurance Corporation.
(4) Mortgage servicing asset.--The term ``mortgage
servicing asset'' means those assets that result from contracts
to service loans secured by real estate, where such loans are
owned by third parties.
(5) Nonsystemic banking institution.--The term
``nonsystemic banking institution'' means any banking
institution other than an institution identified by the
Financial Stability Board as a ``global systemically important
bank''.
(6) Other definitions.--The terms ``bank holding company'',
``insured depository institution'', and ``savings and loan
holding company'' have the meanings given such terms,
respectively, under section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813).
SEC. 3. STUDY OF THE APPROPRIATE CAPITAL FOR MORTGAGE SERVICING ASSETS.
(a) In General.--The Federal banking agencies shall, jointly,
conduct a study of the appropriate capital requirements for mortgage
servicing assets for nonsystemic banking institutions.
(b) Issues To Be Studied.--The study required by this section shall
include, with a specific focus on nonsystemic banking institutions--
(1) the risk to insured depository institutions of holding
mortgage servicing assets;
(2) the history of the market for mortgage servicing
assets, including particularly the market for such assets in
the period of the financial crisis;
(3) the ability of insured depository institutions to
establish a value for their mortgage servicing assets through
periodic sales or other means;
(4) regulatory approaches to mortgage servicing assets in
addition to capital requirements that could be used to address
concerns about the value of and ability to sell mortgage
servicing assets;
(5) the impact of imposing the Basel III capital
requirements on nonsystemic banking institutions on their
ability to compete in the mortgage servicing business,
including the need for economies of scale to compete in that
business, and on their ability to provide service to consumers
to whom they have made a mortgage loan;
(6) an analysis of what the mortgage servicing marketplace
would look like if the Basel III capital requirements on
mortgage servicing assets were fully implemented;
(7) the significance of problems with mortgage servicing
assets, if any, in insured depository institution failures and
problem insured depository institutions, including specifically
identifying failed insured depository institutions where
mortgage servicing assets contributed to the failure; and
(8) an analysis of the relevance of the Basel III capital
requirements on mortgage servicing assets to the banking
systems of other significant developed countries.
(c) Report to Congress.--Not later than the end of the 1-year
period beginning on the date of the enactment of this Act, the Federal
banking agencies shall issue a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives containing--
(1) the results of the study required under subsection (a);
and
(2) any analysis on the specific issue of mortgage
servicing assets undertaken by the Federal banking agencies
prior to finalizing regulations implementing the Basel III
capital requirements.
SEC. 4. DELAY OF RULEMAKING.
(a) Rules on Mortgage Servicing Assets.--Notwithstanding any other
provision of law, no regulation to implement the Basel III capital
requirements with respect to mortgage servicing assets for nonsystemic
banking institutions shall take effect before the end of the 6-month
period beginning on the date the report is issued under section 3(c).
(b) Final Rule Requirements.--Before any final rule is issued by a
Federal banking agency with respect to capital requirements on mortgage
servicing assets for nonsystemic banking institutions, the Federal
banking agency shall--
(1) if the related proposed rule was issued before the date
on which the report is issued under section 3(c), issue a new
proposed rule for public comment; and
(2) consider regulatory approaches to mortgage servicing
assets that could address concerns about the value of and
ability to sell mortgage servicing assets.
|
Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014 - Directs the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation (FDIC) (federal banking agencies) to study jointly the appropriate capital requirements for mortgage servicing assets for any banking institution other than an institution identified by the Financial Stability Board as a global systemically important bank. Prohibits regulations to implement the Global Regulatory Framework for More Resilient Banks and Banking Systems issued by the Basel Committee on Banking Supervision on December 16, 2010, as revised on June 1, 2011, (Basel III capital requirements) with respect to mortgage servicing assets for nonsystemic banking institutions from taking effect until six months after the report on the study is issued to Congress.
|
{"src": "billsum_train", "title": "Community Bank Mortgage Servicing Asset Capital Requirements Study Act of 2014"}
| 1,034 | 174 | 0.695504 | 1.915213 | 0.754394 | 5.966216 | 6.533784 | 0.939189 |
SECTION 1. VETERANS EDUCATION OUTREACH PROGRAM.
(a) Establishment.--Chapter 36 of title 38, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 3697B. Veterans education outreach program
``(a) The Secretary shall provide funding for offices of veterans
affairs at institutions of higher learning, as defined in section
3452(f), in accordance with this section.
``(b)(1)(A) The Secretary shall, subject to the availability of
appropriations, make payments to any institution of higher learning,
under and in accordance with this section, during any fiscal year if
the number of persons eligible for services from offices assisted under
this section at the institution is at least 50, determined in the same
manner as the number of eligible veterans or eligible persons is
determined under section 3684(c).
``(B) The persons who are eligible for services from the offices
assisted under this section are persons receiving educational
assistance administered by the Department of Veterans Affairs,
including assistance provided under chapter 106 of title 10.
``(2) To be eligible for a payment under this section, an
institution of higher learning or a consortium of institutions of
higher learning, as described in paragraph (3), shall make an
application to the Secretary. The application shall--
``(A) set forth such policies, assurances, and procedures
that will ensure that--
``(i) the funds received by the institution, or
each institution in a consortium of institutions
described in paragraph (3), under this section will be
used solely to carry out this section;
``(ii) for enhancing the functions of its veterans
education outreach program, the applicant will expend,
during the academic year for which a payment is sought,
an amount equal to at least the amount of the award
under this section from sources other than this or any
other Federal program; and
``(iii) the applicant will submit to the Secretary
such reports as the Secretary may require or as are
required by this section;
``(B) contain such other statement of policies, assurances,
and procedures as the Secretary may require in order to protect
the financial interests of the United States;
``(C) set forth such plans, policies, assurances, and
procedures as will ensure that the applicant will maintain an
office of veterans' affairs which has responsibility for--
``(i) veterans' certification, outreach,
recruitment, and special education programs, including
the provision of or referral to educational,
vocational, and personal counseling for veterans; and
``(ii) providing information regarding other
services provided veterans by the Department, including
the readjustment counseling program authorized under
section 1712A, the programs of veterans employment and
training authorized under the Job Training Partnership
Act and the Service Members Occupational Conversion and
Training Act of 1992, and the programs carried out
under chapters 41 and 42; and
``(D) be submitted at such time or times, in such manner,
in such form, and contain such information as the Secretary
determines necessary to carry out the functions of the
Secretary under this section.
``(3) An institution of higher learning which is eligible for
funding under this section and which the Secretary determines cannot
feasibly carry out, by itself, any or all of the activities set forth
in paragraph (2)(C), may carry out such program or programs through a
consortium agreement with one or more other institutions of higher
learning in the same community.
``(4) The Secretary shall not approve an application under this
subsection unless the Secretary determines that the applicant will
implement the requirements of paragraph (2)(C) within the first
academic year during which it receives a payment under this section.
``(5) Any institution which received funding under section 420A of
the Higher Education Act of 1965 during fiscal year 1993 shall be
eligible under this section for fiscal year 1994.
``(c)(1)(A) Subject to subparagraph (B), the amount of the payment
which any institution shall receive under this section for any fiscal
year shall be $100 for each person who is described in subsection
(b)(1)(B).
``(B) The maximum amount of payments to any institution of higher
learning, or any branch thereof which is located in a community which
is different from that in which the parent institution thereof is
located, in any fiscal year is $75,000.
``(2)(A) The Secretary shall pay to each institution of higher
learning which has had an application approved under subsection (b) the
amount which it is to receive under this section. If the amount
appropriated for any fiscal year is not sufficient to pay the amounts
which all such institutions are to receive, the Secretary shall ratably
reduce such payments. If any amount becomes available to carry out this
section for a fiscal year after such reductions have been imposed, such
reduced payments shall be increased on the same basis as they were
reduced.
``(B) In making payments under this section for any fiscal year,
the Secretary shall apportion the appropriation for making such
payments, from funds which become available as a result of the
limitation on payments set forth in paragraph (1)(B), in an equitable
manner.
``(d) The Secretary, in carrying out the provisions of this
section, shall seek to assure the coordination of programs assisted
under this section with other programs carried out by the Department
pursuant to this title, and the Secretary shall provide all assistance,
technical consultation, and information otherwise authorized by law as
necessary to promote the maximum effectiveness of the activities and
programs assisted under this section.
``(e)(1) From the amounts made available for any fiscal year under
subsection (f), the Secretary shall retain one percent or $10,000,
whichever is less, for the purpose of collecting information about
exemplary veterans educational outreach programs and disseminating that
information to other institutions of higher learning having such
programs on their campuses. Such collection and dissemination shall be
done on an annual basis.
``(2) From the amounts made available under subsection (f), the
Secretary may retain not more than two percent for the purpose of
administering this section.
``(f) There is authorized to be appropriated $3,000,000 for each
fiscal year to carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 36 of title 38, United States Code, is amended by inserting
after the item relating to section 3697A the following new item:
``3697B. Veterans education outreach program.''.
Passed the House of Representatives May 24, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
|
Directs the Secretary of Veterans Affairs to provide funding for offices of veterans affairs at institutions of higher education for educational assistance to veterans. Requires such institutions to apply for such payments and to agree to use the funds to enhance the functions of veterans' education outreach programs during the academic year. Requires an office of veterans affairs to be maintained at each recipient institution to be responsible for veterans' certification, outreach, recruitment, and special education programs as well as other veterans' services. Limits the per-veteran and per-institution payments for a fiscal year. Requires the coordination of such veterans' program with other Department programs. Authorizes appropriations.
|
{"src": "billsum_train", "title": "To amend title 38, United States Code, to establish a veterans education certification and outreach program."}
| 1,397 | 143 | 0.585975 | 1.449092 | 0.782033 | 2.173228 | 11.023622 | 0.818898 |
TITLE I--APPLICABILITY OF QUALIFICATION REQUIREMENTS FOR CERTAIN
ACQUISITION POSITIONS IN THE DEPARTMENT OF DEFENSE
SEC. 101. APPLICABILITY OF QUALIFICATION REQUIREMENTS FOR CERTAIN
ACQUISITION POSITIONS IN THE DEPARTMENT OF DEFENSE.
Section 1724(c)(2) of title 10, United States Code, is amended--
(1) by inserting ``or lower'' before ``grade''; and
(2) by inserting ``or lower'' before ``level''.
TITLE II--DEFENSE TECHNICAL AND CLERICAL AMENDMENTS
SEC. 201. AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Resolution of Inconsistent and Duplicative Amendments.--Section
166a of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by striking out
``the Chairman'' and all that follows through the period at the end
of the sentence and inserting in lieu thereof ``the Chairman of the
Joint Chiefs of Staff may provide funds to the commander of a
combatant command, upon the request of the commander, or, with
respect to a geographic area or areas not within the area of
responsibility of a commander of a combatant command, to an officer
designated by the Chairman of the Joint Chiefs of Staff for such
purpose.''; and
(2) in subsection (b)(7), by striking out the second
parenthetical phrase before the period at the end.
(b) Duplicate Section Numbers.--Title 10, United States Code, is
amended as follows:
(1)(A) Chapter 141 is amended by redesignating the second
sections 2410c and 2410d as sections 2410j and 2410k, respectively.
(B) The items relating to those sections in the table of
sections at the beginning of such chapter are amended to reflect the
redesignations made by subparagraph (A).
(2)(A) Chapter 401 is amended by redesignating the second
section 4316 as section 4317.
(B) The table of sections at the beginning of such chapter is
amended by striking out the last two items and inserting in lieu
thereof the following:
``4316. Reporting requirements.
``4317. Military history fellowships.''.
(c) Cross Reference Amendments.--Title 10, United States Code, is
amended as follows:
(1) Section 1104 is amended--
(A) in subsections (a), (b), and (c), by striking out
``section 8011 of title 38'' and inserting in lieu thereof
``section 8111 of title 38''; and
(B) in subsection (d), by striking out ``section 8011A of
title 38'' and inserting in lieu thereof ``section 8111A of
title 38''.
(2) Section 2145(b) is amended by striking out ``means the
actual cost'' and all that follows and inserting in lieu thereof
``has the meaning given the term `cost of attendance' by section 472
of the Higher Education Act of 1965 (20 U.S.C. 1087ll).''.
(3) Section 2198(c) is amended--
(A) by striking out ``an annual'' and inserting in lieu
thereof ``a''; and
(B) by striking out ``section 2522'' and inserting in lieu
thereof ``section 2506''.
(4) Section 2371(g) is amended--
(A) by striking out ``section 11'' and inserting in lieu
thereof ``section 12''; and
(B) by striking out ``sections 10 and 11'' and inserting in
lieu thereof ``sections 11 and 12''.
(5) Section 2372(g)(5) is amended by striking out ``section
2522'' and inserting in lieu thereof ``section 2506''.
(6) Section 2401(c)(2)(A) is amended by striking out ``the
Internal Revenue Code of 1954'' and inserting in lieu thereof ``the
Internal Revenue Code of 1986''.
(7) Section 2501(a)(1)(A) is amended by striking out ``section
104'' and inserting in lieu thereof ``section 108''.
(8) Section 2535(b)(2)(B) is amended by striking out ``paragraph
(1)'' and inserting in lieu thereof ``subparagraph (A)''.
(9) Section 2677(c)(1) is amended--
(A) by striking out ``section 21A(b)(12)(F)'' and inserting
in lieu thereof ``section 21A(b)(11)(F)''; and
(B) by striking out ``(12 U.S.C. 1441a(b)(12)(F))'' and
inserting in lieu thereof ``(12 U.S.C. 1441a(b)(11)(F))''.
(10) Section 5038(e) is amended by striking out ``subsection''
and inserting in lieu thereof ``section''.
(11) Section 7721(a) is amended by striking out ``(46 U.S.C 781-
790)'' and inserting in lieu thereof ``(46 U.S.C. App. 781-790)''.
(d) Amendments for Stylistic Consistency.--Title 10, United States
Code, is amended as follows:
(1) Section 1597 is amended--
(A) in subsection (c)(3)--
(i) by striking out ``defense agency'' in subparagraph
(A)(v) and inserting in lieu thereof ``Defense Agency''; and
(ii) in subparagraph (C)--
(I) by striking out ``defense agency'' the first
place it appears and inserting in lieu thereof ``Defense
Agency''; and
(II) by striking out ``defense agency'' the second
place it appears and inserting in lieu thereof ``Defense
Agency,''; and
(B) in subsection (e), by striking out ``of the date'' and
inserting in lieu thereof ``on the date''.
(2) The table of sections at the beginning of chapter 142 is
amended by striking out ``Sec.'' in the items relating to sections
2418 and 2419.
(3) Section 2513(c)(2)(B) is amended by striking out the second
clause (iii) (as added by section 4223(d) of Public Law 102-484 (106
Stat. 2681)) and inserting in lieu thereof the following:
``(iv) An institution of higher education designated by a State
or local government.''.
(4) Section 2536 is amended by striking out the period at the
end of the section heading.
(5) Section 2537(a) is amended in the first sentence by striking
out ``respectively, which'' and inserting in lieu thereof
``respectively, that''.
(6) Section 2701(j)(2) is amended by striking out ``applies (42
U.S.C. 9619(g))'' and inserting in lieu thereof ``(42 U.S.C.
9619(g)) applies''.
(7) Section 2828 is amended by striking out ``per annum'' each
place it appears in subsections (b)(2), (b)(3), and (e)(1) and
inserting in lieu thereof ``per year''.
(e) Subsection Headings.--Title 10, United States Code, is amended
as follows:
(1) Section 2513 (as transferred and redesignated by section
4223(b) of Public Law 102-484 (106 Stat. 2681)) is amended--
(A) by striking out ``Centers'' in the heading for
subsection (b) and inserting in lieu thereof ``Alliances''; and
(B) by striking out ``Center'' in the heading for subsection
(e) and inserting in lieu thereof ``Alliance''.
(2) Section 2308 is amended by inserting after ``(a)'' the
following: ``Facilitation of Procurement.--''.
(f) Date of Enactment References.--Title 10, United States Code, is
amended as follows:
(1) Section 1151(e)(1) is amended by striking out ``the date of
the enactment of this section'' and inserting in lieu thereof
``October 23, 1992,''.
(2) Section 1331a(b) is amended by striking out ``the date of
the enactment of the National Defense Authorization Act for Fiscal
Year 1993'' and inserting in lieu thereof ``October 23, 1992,''.
(3) Section 1802(b) is amended by striking out ``not more than
two years before the date of the enactment of this chapter'' and
inserting in lieu thereof ``after October 22, 1990''.
(g) Punctuation, Spelling, Etc.--Title 10, United States Code, is
amended as follows:
(1) Section 1078a is amended--
(A) in subsection (b)(3)(C), by striking out
``subparagraphs'' and inserting in lieu thereof
``subparagraph''; and
(B) in subsection (d)(2)(A), by inserting ``under'' after
``coverage''.
(2) Section 1590(a) is amended by striking out the second
semicolon at the end of paragraph (1).
(3) Section 1802(a) is amended by striking out ``carrys'' and
inserting in lieu thereof ``carries''.
(4) Section 2321(d)(1)(B) is amended by striking out
``adherance'' and inserting in lieu thereof ``adherence''.
(5) Section 2361(b)(2) is amended by striking out
``inconsisent'' and inserting in lieu thereof ``inconsistent''.
(6) Section 2410j (as redesignated by subsection (b)(1)(A)) is
amended in subsection (f)(2)(B) by striking out ``aid'' and
inserting in lieu thereof ``aide''.
(7) The heading of section 2505 is amended by striking out
``capabilty'' and inserting in lieu thereof ``capability''.
(8) Section 2516(b)(4) is amended by striking out ``dual use''
and inserting in lieu thereof ``dual-use''.
(9) Section 2524(b)(2)(F) is amended by striking out ``work
force'' both places it appears and inserting in lieu thereof
``workforce''.
(10)(A) The heading of section 4313 is amended to read as
follows:
``§4313. National Matches and small-arms school: expenses''.
(B) The item relating to section 4313 in the table of sections
at the beginning of chapter 401 is amended to read as follows:
``4313. National Matches and small-arms school: expenses.''.
(h) Redundant Provisions.--Title 10, United States Code, is amended
as follows:
(1) Section 1598(e) is amended by striking out paragraph (4).
(2) Section 2537 is amended by striking out subsection (d).
(i) Clarification of Amendments.--Title 10, United States Code, is
amended as follows:
(1) Paragraph (4) of section 1142(b) is amended by striking out
``job placement assistance'' and all that follows through the end of
the paragraph and inserting in lieu thereof ``job placement
assistance, including the public and community service jobs program
carried out under section 1143a of this title, and information
regarding the placement program established under section 1151 of
this title to assist members to obtain employment as elementary or
secondary school teachers or teachers' aides.''.
(2) Section 2433(e) is amended--
(A) by striking out ``a at least 15 percent increase'' both
places it appears and inserting in lieu thereof ``an increase of
at least 15 percent''; and
(B) by striking out ``a at least 25 percent increase'' both
places it appears and inserting in lieu thereof ``an increase of
at least 25 percent''.
SEC. 202. AMENDMENTS TO FISCAL YEAR 1993 DEFENSE AUTHORIZATION ACT.
(a) In General.--The National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102-484) is amended as follows:
(1) Section 195 (106 Stat. 2349) is amended by striking out
``initiative'' and inserting in lieu thereof ``Initiative''.
(2) Section 234(e)(2) (106 Stat. 2357) is amended by striking
out ``in subsection (d)'' and inserting in lieu thereof ``in
subsection (c), as redesignated by subsection (b)(2)(B)''.
(3) Section 243 (106 Stat. 2360) is amended by striking out
``Notwithstanding the provisions of the Land-Remote Sensing
Commercialization Act of 1984 (15 U.S.C. 4201 et seq.), the
Secretary of Defense is authorized'' and inserting in lieu thereof
``The Secretary of Defense is authorized''.
(4) Section 653(b)(2) (106 Stat. 2428) is amended by striking
out ``section 1463'' and inserting in lieu thereof ``section
1463(a)''.
(5) Section 704(1) (106 Stat. 2432) is amended by striking out
``paragraph (15)(D)'' and inserting in lieu thereof ``paragraph
(15)''.
(6) Section 801(f) (106 Stat. 2444) is amended--
(A) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(B) by inserting after paragraph (2) the following new
paragraph:
``(3) by striking out `Secretary with' in paragraph (2) and
inserting in lieu thereof `Secretary toward attaining';''.
(7) Section 843(c) (106 Stat. 2469) is amended--
(A) by striking out ``On the date which is two years after
the date of the enactment of this Act,'' and inserting in lieu
thereof ``Effective October 23, 1994,''; and
(B) by striking out ``section 2350a'' and inserting in lieu
thereof ``sections 2350a(c) and 2350d(c)''.
(8) Section 911(b)(2) (106 Stat. 2473) is amended by striking
out the period and closing quotation marks at the end and inserting
in lieu thereof closing quotation marks and a period.
(9) Section 933 (106 Stat. 2476) is amended--
(A) in subsection (b)(1), by striking out ``or'' and
inserting in lieu thereof ``and''; and
(B) in subsection (c), by inserting a comma after ``United
States Code''.
(10) Section 1312(b)(4) (106 Stat. 2548) is amended by striking
out ``the'' in the quoted matter stricken out in the amendment made
by subparagraph (B).
(11) Section 1135(c)(2) (106 Stat. 2541) is amended by striking
out ``unit deployment designators'' and inserting in lieu thereof
``Unit Deployment Designators''.
(12) Section 1314(b) (106 Stat. 2549) is amended in the second
sentence by adding a period after ``of member nations''.
(13) Sections 1814 and 1834 (106 Stat. 2583, 2586) are each
amended by striking out ``section'' and inserting in lieu thereof
``subtitle''.
(14) Section 4219(c)(2)(H) (106 Stat. 2672) is amended--
(A) by striking out ``Work force'' and inserting in lieu
thereof ``Workforce''; and
(B) by striking out ``work force'' and inserting in lieu
thereof ``workforce''.
(15) Section 4301(b)(1)(C) (106 Stat. 2697) is amended by
inserting ``the first place it appears'' before ``the following''.
(16) Section 4407(b)(2) (106 Stat. 2708) is amended by inserting
``the second place it appears'' before ``and inserting in lieu
thereof''.
(17) Section 4422(a) (106 Stat. 2718) is amended--
(A) in paragraph (3), by striking out ``after'' after ``by
inserting''; and
(B) in paragraph (4), by inserting ``the first reference
to'' after ``after'' the first place it appears.
(18) Section 4470(a) (106 Stat. 2753) is amended--
(A) by striking out ``section 4303(a)'' in paragraph (1) and
inserting in lieu thereof ``section 4443(a)''; and
(B) by striking out ``section 4303(b)'' in paragraph (2) and
inserting in lieu thereof ``section 4443(b)''.
(b) Effective Date.--The amendments made by this section shall apply
as if included in the enactment of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102-484).
SEC. 203. AMENDMENTS TO FISCAL YEAR 1992/1993 DEFENSE AUTHORIZATION
ACT.
(a) Repeal of Previously Codified Provision.--Section 523 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1363) is repealed.
(b) Other Amendments.--The National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190) is amended as follows:
(1) Section 236(d) (as redesignated by section 234(b)(2)(B) of
Public Law 102-484 (106 Stat. 2356)) is amended by striking out
``subsection (a) through (d)'' in paragraph (1) and inserting in
lieu thereof ``subsections (a) through (c)''.
(2) Section 704(a) (105 Stat. 1401) is amended by striking out
the closing quotation marks and period at the end of paragraph (2)
of the subsection inserted by the amendment made by that section.
(3) Section 3136(b)(1)(C)(ii)(I) (105 Stat. 1578) is amended by
striking out ``section 2522 of title 10, United States Code'' and
inserting in lieu thereof ``section 2506 of title 10, United States
Code''.
(4) Section 3137(c) (105 Stat. 1579) is amended by striking out
the comma after ``the Secretary of Energy''.
SEC. 204. AMENDMENTS TO OTHER LAWS.
(a) Title 37, United States Code.--Title 37, United States Code, is
amended as follows:
(1) Section 205(a)(7)(B) is amended by striking out ``the
Veterans' Administration,'' and inserting in lieu thereof ``the
Department of Veterans Affairs,''.
(2) Section 411f(c) is amended by striking out ``section 401 of
this title'' and inserting in lieu thereof ``section 401(a) of this
title''.
(b) Public Law 98-94.--Section 1215(c) of the Department of Defense
Authorization Act, 1984 (Public Law 98-94; 97 Stat. 688; 10 U.S.C. 2452
note), is amended by striking out ``regulatons'' and inserting in lieu
thereof ``regulations''.
(c) Public Law 101-189.--Effective as of November 29, 1989,
paragraph (1) of section 631(a) of the National Defense Authorization
Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1449)
is amended by inserting a comma after ``18'' in the matter struck by
such paragraph.
(d) Strategic and Critical Materials Stock Piling Act.--Section
11(a)(1) of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-2(a)(1)) is amended by striking out ``six-month period'' and
inserting in lieu thereof ``fiscal year''.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. REAL PROPERTY REPAIRS AND MINOR CONSTRUCTION DURING FISCAL
YEAR 1993.
In addition to using the funds specifically appropriated for real
property maintenance under the heading ``Real Property Maintenance,
Defense'' in title II of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1885), the Secretary of Defense and
the Secretary of a military department may also use funds appropriated
to the Secretary concerned for operation and maintenance under any of
the first 11 headings of such title in order to carry out a major repair
project that costs $15,000 or more or a minor construction project that
costs not less than $15,000 and not more than $300,000.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
TABLE OF CONTENTS:
Title I: Applicability of Qualification Requirements for
Certain Acquisition Positions in the Department of Defense
Title II: Defense Technical and Clerical Amendments
Title III: Miscellaneous Provisions
Title I: Applicability of Qualification Requirements for Certain Acquisition Positions in the Department of Defense
- Amends Federal defense procurement provisions to provide that certain qualification requirements generally applicable to officers administering defense contracts in excess of the small purchase threshold shall not apply to any employee for purposes of qualifying to serve in a contracting position in the same or lower grade and involving the same or lower level of responsibilities as the position in which the employee is serving on October 1, 1993.
Title II: Defense Technical and Clerical Amendments
- Makes technical and clerical amendments to Federal armed forces and military pay provisions, specified defense authorization Acts, and the Strategic and Critical Materials Stock Piling Act.
Title III: Miscellaneous Provisions
- Provides that during FY 1993, in addition to the funds currently appropriated to the Real Property Maintenance, Defense Account, the Secretaries of Defense and the military departments may also use funds appropriated for operation and maintenance in order to carry out a major repair project costing $15,000 or more or a minor construction project costing no less than $15,000 nor more than $300,000.
|
{"src": "billsum_train", "title": "To amend title 10, United States Code, with respect to applicability of qualification requirements for certain acquisition positions in the Department of Defense."}
| 4,894 | 289 | 0.5169 | 1.522053 | 0.653322 | 2.792829 | 16.446215 | 0.800797 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.