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 ``Rural Employment and Forest
Restoration Act of 2006''.
SEC. 2. DEFINITIONS.
In this section:
(1) Northwest forest plan.--The term ``Northwest Forest
Plan'' means the collection of documents issued in 1994 and
entitled ``Final Supplemental Environmental Impact Statement
and Record of Decision for Amendments to Forest Service and
Bureau of Land Management Planning Documents within the Range
of the Northern Spotted Owl'' and ``Standards and Guidelines
for Management of Habitat for Late-Successional and Old-Growth
Forest Related Species Within the Range of the Northern Spotted
Owl''.
(2) Emerging market.--The term ``emerging market'' means a
new or developing market for small diameter and underutilized
wood products, special forest products, and other restoration
forestry by-products.
(3) Forest health.--The term ``forest health'' refers to
conditions that enable forested land--
(A) to be durable, resilient, and less prone to
uncharacteristic wildfire, while supporting viable
native species assemblages; or
(B) to have, or to develop, historic species
composition, function and structure, and hydrologic
function.
(4) Late-successional reserve.--The term ``late-
successional reserve'' means land area designated as a ``late-
successional reserve'' pursuant to the Northwest Forest Plan.
(5) Low-impact equipment.--The term ``low-impact
equipment'' means any device used in silviculture for
restorative, maintenance, or extraction purposes that minimizes
or eliminates impacts to soils and other resources.
(6) Old growth.--The term ``old growth'' means late-
successional and mature multi-storied conifer forest stands,
generally more than 120 years old as of the date of the
enactment of this Act, that provide, or are likely to provide,
complex habitat for associated species assemblages.
(7) Rural and rural area.--The terms ``rural'' and ``rural
area'' mean the area of a State not located within a city or
town that has a population of 50,000 or more inhabitants, as
defined by the Bureau of the Census using the latest decennial
census of the United States.
(8) Value-added.--The term ``value-added'' means the
additional processing of a product to increase its economic
value and to create additional jobs and benefits where the
processing is carried out.
(9) Young managed stands.--The term ``young managed stand''
means a stand of trees where the overstory has been
mechanically removed and the stand has been artificially
regenerated.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The Northwest Forest Plan can be better implemented,
and the forests within its boundaries can be better managed.
Better implementation, management, and funding could
significantly improve protection for native forest ecosystems
and wildlife, produce more desirable forest conditions, and
substantially increase sustainable timber production and
economic opportunities for rural areas.
(2) Regeneration logging of old-growth forests diminishes
biodiversity and habitat for rare, threatened, and endangered
species, and generally makes forests less healthy, resilient,
and durable. Old-growth logging creates intense public
controversy that has prevented attainment of the social and
economic goals of the Northwest Forest Plan. Thinning in
younger previously managed forests, and even some dense mature
stands, on the contrary, can help recover habitat, reduce
controversy, create certainty and stability in wood fiber
production, and produce desirable forests.
(3) To improve habitat, create more desirable forest
conditions, and capture future commodity production potential,
the Forest Service and Bureau of Land Management should
implement an accelerated thinning regime across a wide
landscape, primarily in young managed stands, and fire
suppressed stands at risk of uncharacteristically severe
disturbance.
(4) There are vast unmet thinning needs across the range of
the Northwest Forest Plan. Currently there are over one million
acres of young managed stands designated as Late-Successional
Reserves within the range of the Northwest Forest Plan that
need immediate thinning, or will need thinning in the near
future. There are approximately one million acres of young
managed stands designated as matrix that are also in immediate
need of thinning, or will need thinning in the near future.
(5) The Forest Service estimates that thinning the millions
of acres of young managed stands in Oregon and Washington could
produce well over 6 billion board-feet of commercial timber
over the next two decades. In addition, aggressive thinning in
drier forests could produce many tons of non-commercial but
usable wood fiber, in addition to commercial timber, as well as
reduce fire risk and create more desirable forests by
significantly increasing their resiliency and durability.
(6) The timber industry within the range of the Northwest
Forest Plan has largely re-tooled its existing mills to process
the smaller-diameter commercial timber generated from thinning
young managed stands and is much less dependent on large-
diameter old-growth trees. In addition, one of the obstacles to
economic success within the industry and many rural areas is
access to a stable and sustainable supply of this smaller-
diameter wood.
(7) A program of intensive and accelerated thinning in
young managed stands, and unhealthy fire-prone stands, could
annually yield more than double the volume of commercial timber
products over the current production from Federal lands under
the Northwest Forest Plan.
(8) The Olympic and Siuslaw National Forests represent 9
percent of the National Forest System land in Oregon and
Washington under the Northwest Forest Plan, but in 2003
produced almost 20 percent of the volume in this area. The
primary reason for the productivity of these two national
forests is the absence of appeals and litigation due to local
agency emphasis on thinning second-growth stands and the
commitment of the Forest Service to, and participation in,
locally-driven collaborative efforts.
(9) The Siuslaw National Forest generates approximately 20
million board-feet annually, with the potential to generate 50
million board-feet, from second-growth stands, resulting in
millions of dollars for additional restoration projects, other
forest accounts, payments to local counties, and the Federal
treasury.
(10) The Gifford Pinchot National Forest was once the top
producing forest in the State of Washington. Harvest dropped
substantially, to approximately 2 million board-feet of timber
per year, due to controversy over old-growth logging. Since
shifting to an emphasis on thinning second-growth stands and
collaborative restoration, the this national forest can now
produce nearly 18 million board-feet of commercial timber
annually with little controversy, appeals, or litigation.
(11) Thinning young managed stands and restoring drier
forests to a more resilient, durable condition could
significantly contribute to improved forest health, water
quality, wildlife and vegetation diversity, and the development
of vital old-growth ecosystems.
(12) Thinning young managed stands, the development of
locally owned manufacturing, and increased access to existing
and emerging markets could provide thousands of jobs and much-
needed economic activity in depressed rural areas within the
range of the Northwest Forest Plan.
(13) Absent adequate protections for old-growth forest
stands and associated species, the survey for old-growth
dependent species and resulting management requirements are
desirable and necessary management tools. However, it is
unnecessary for the management of young managed stands and only
impedes management to improve forest health. Absent commercial
logging of old-growth stands within the range of the Northwest
Forest Plan, it is no longer necessary to require surveys of
old-growth dependent species.
SEC. 4. MANAGEMENT DIRECTIVES.
(a) Forest Health Projects; Prioritization.--Each Forest Service
and Bureau of Land Management administrative unit containing land
managed under the Northwest Forest Plan shall plan and implement
projects to enhance the forest health of land managed by the
administrative unit. The resources of the administrative unit shall be
prioritized so that projects described in subsections (b) and (c) are
planned for treatment, and treatment has begun of significant acreage,
before planning of projects described in subsections (d) and (e) is
commenced.
(b) Enhancement of Late-Successional Forest Development.--The
highest priority shall be given to projects involving variable density
thinning treatments to enhance late-successional forest development in
young managed stands. Projects shall avoid impacts to unstable slopes,
and avoid disturbance to aquatic systems and soils. All projects shall
comply with the management guidelines for late-successional reserves
contained in the Northwest Forest Plan, except, notwithstanding the 80-
year age limit for late-successional reserve management, active
management to improve forest health in young managed stands may occur
up to 120 years of age in a late-successional reserve. Appropriate
thinning prescriptions for a late-successional reserve shall be site-
specific to individual young managed stands, taking into account
factors such as the slope aspect, soil type, hydrology, geomorphology,
and vegetation composition of the site.
(c) Improvement of Dry Forest Types With Historically Frequent Fire
Events.--The second highest priority shall be given to projects to
increase durability and resiliency in dry forest types with
historically frequent fire. Projects shall create more desirable forest
conditions by restoring durable forest structure and composition such
that fires maintains rather than destroys old-growth features. Projects
shall avoid impacts to unstable slopes, and avoid disturbance to
aquatic systems and soils, and protect legacy features, including
living and dead large overstory trees. Appropriate thinning
prescriptions shall be site-specific to individual young managed
stands, taking into account factors such as the slope aspect, soil
type, hydrology, geomorphology, and vegetation composition of the site.
(d) Testing of Innovative Management Techniques and Strategies.--An
administrative unit may plan and implement silvicultural projects under
this section that test new and innovative management techniques and
strategies in adaptive management areas under the Northwest Forest
Plan. Projects shall avoid impacts to unstable slopes, streams, and
soils, as defined in the Northwest Forest Plan, as well as identified
old growth forests.
(e) Other Projects.--An administrative unit covered by this section
shall not plan, advertise, contract, or implement any harvest of timber
in an old-growth stand, except for noncommercial use, noncommercial
purposes in an emergency situation, such as wildland fire-fighting, or
to improve or protect forest health. Other projects may include any
management activity allowed by the Northwest Forest Plan.
(f) Survey and Manage.--The Forest Service and Bureau of Land
Management shall not be required to implement surveys required in the
1994 Survey and Manage Record of Decision, as well as the 2001 and 2004
Records of Decision. Surveys may be performed by the Forest Service or
Bureau of Land Management at their discretion.
SEC. 5. RURAL EMPLOYMENT DIRECTIVES.
(a) Best Value Contracting Criteria.--The Forest Service and Bureau
of Land Management shall consider how they plan, package, and offer
contracts and sales to restore young managed stands to achieve maximum
employment in rural areas. In implementing projects, the Forest Service
and Bureau of Land Management shall select a source for performance of
a sale, contract, or agreement on a best value basis with consideration
of one or more of the following:
(1) Ability of the offeror to meet project ecological
objectives and the sensitivity of the resources being treated.
(2) The use of low-impact equipment or techniques that will
minimize or eliminate impacts on soil.
(3) The ability of the offeror to benefit local economies
through the retention or creation of employment or training
opportunities in performing the restorative treatments.
(4) The ability of the offeror to ensure that wood and
other by-products are processed locally and contribute to the
development of value-added products for an existing market or
emerging market.
(b) Retention and Creation of Jobs in Rural Areas.--In awarding a
Federal contract for projects described in section 4, the Forest
Service and Bureau of Land Management, in evaluating bids and
proposals, shall give consideration to local contractors who are from,
or who provide employment or training for workers in, an economically
disadvantaged rural area, including those historically timber-dependent
areas that have been affected by reduced timber harvesting on Federal
lands and other forest-dependent rural areas isolated from significant
alternative employment opportunities.
SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION.
(a) NEPA Documentation.--Each Forest Service and Bureau of Land
Management administrative unit containing land managed under the
Northwest Forest Plan may prepare programmatic environmental
documentation pursuant to the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) at the appropriate scale (District, watershed,
or subwatershed) to study the significant environmental effects of the
major Federal actions contemplated in projects authorized by section 4.
(b) Elimination of Repetitive Discussions of Issues.--If
programmatic environmental documentation is prepared under subsection
(a), the Forest Service or Bureau of Land Management administrative
unit may eliminate repetitive discussions of the same issues and focus
on the actual issues ripe for decision at subsequent levels of
environmental review. Subsequent levels of environmental review may
tier to the programmatic environmental document by summarizing the
issues discussed in the broader statement and incorporate discussions
from the broader statement by reference.
SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF
APPROPRIATIONS.
(a) Relation to Northwest Forest Plan.--This Act is intended to
supplement the requirements of the Northwest Forest Plan. Except as
provided in section 4, all projects on land managed under the Northwest
Forest Plan shall be planned and implemented in compliance with the
Northwest Forest Plan and all other applicable laws.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 for each fiscal year to plan and implement
projects under section 4. Amounts appropriated pursuant to this
authorization of appropriation shall remain available until expended.
This authorization of appropriations is in addition to any other
authorization of appropriations for the Forest Service or the Bureau of
Land Management.
(c) Treatment of Proceeds From Certain Projects.--
(1) Retained proceeds.--Subject to paragraph (2), an
administrative unit of the Forest Service or the Bureau of Land
Management may retain proceeds from the sale of commercial
timber resulting from a project described in section 4(b) for
use in planning and implementing other projects under such
section and other projects to improve forest health of land
managed under the Northwest Forest Plan.
(2) Relation to other forest receipt laws.--Nothing in this
Act shall affect deposits to the Knudsen-Vanderburg
Reforestation Trust Fund established under section 3 of the Act
of June 9, 1930 (16 U.S.C. 576b), the requirement to make
payments to States or counties under any provision of law, or
other obligations related to receipts obtained from the sale of
forest products from Federal land. | Rural Employment and Forest Restoration Act of 2006 - Requires each Forest Service and Bureau of Land Management (BLM) administrative unit containing land managed under the Northwest Forest Plan to plan and implement projects to enhance the forest health of land managed by such administrative unit.
Requires the resources of such administrative units to be prioritized so that the projects described in this Act are planned for treatment, and treatment has begun of significant acreage, before planning other projects. Sets forth priorities for such projects.
Prohibits such administrative units from planning, advertising, contracting or implementing any harvest of timber in an old growth stand, except for noncommercial use or noncommercial purposes in an emergency situation.
Directs the Forest Service and BLM to: (1) consider how they plan, package, and offer contracts and sales to restore young managed stands to achieve maximum employment in rural areas; and (2) in awarding a federal contract for projects to enhance the forest health of land managed by such administrative units and in evaluating bids and proposals, consider local contractors who provide employment or training for workers in an economically disadvantaged rural area.
Allows such administrative units to prepare programmatic environmental documentation pursuant to the National Environmental Policy Act of 1969 to study the significant environmental effects of the major federal actions contemplated in projects authorized by this Act. | {"src": "billsum_train", "title": "To establish management priorities for Federal forest lands in Oregon and Washington covered by the Northwest Forest Plan that will protect old growth timber while improving the health of young managed stands, increasing the volume of commercial timber available from these lands, and providing economic opportunities in rural areas, and for other purposes."} | 3,279 | 275 | 0.534041 | 1.512831 | 0.730919 | 5.132 | 12.088 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Geologic Mapping
Reauthorization Act of 2004''.
SEC. 2. FINDINGS.
Section 2(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) although significant progress has been made in the
production of geologic maps since the establishment of the
national cooperative geologic mapping program in 1992, no
modern, digital, geologic map exists for approximately 75
percent of the United States;''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by inserting ``homeland
and'' after ``planning for'';
(B) in subparagraph (E), by striking ``predicting''
and inserting ``identifying'';
(C) in subparagraph (I), by striking ``and'' after
the semicolon at the end;
(D) by redesignating subparagraph (J) as
subparagraph (K); and
(E) by inserting after subparagraph (I) the
following:
``(J) recreation and public awareness; and''; and
(3) in paragraph (9), by striking ``important'' and
inserting ``available''.
SEC. 3. PURPOSE.
Section 2(b) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31a(b)) is amended by striking ``protection'' and inserting
``management''.
SEC. 4. DEADLINES FOR ACTIONS BY THE UNITED STATES GEOLOGICAL SURVEY.
Section 4(b)(1) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(b)(1)) is amended in the second sentence--
(1) in subparagraph (A), by striking ``not later than'' and
all that follows through the semicolon and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2004;'';
(2) in subparagraph (B), by striking ``not later than'' and
all that follows through ``in accordance'' and inserting ``not
later than 1 year after the date of enactment of the National
Geologic Mapping Reauthorization Act of 2004 in accordance'';
and
(3) in the matter preceding clause (i) of subparagraph (C),
by striking ``not later than'' and all that follows through
``submit'' and inserting ``submit biennially''.
SEC. 5. GEOLOGIC MAPPING PROGRAM OBJECTIVES.
Section 4(c)(2) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31c(c)(2)) is amended--
(1) by striking ``geophysical-map data base, geochemical-
map data base, and a''; and
(2) by striking ``provide'' and inserting ``provides''.
SEC. 6. GEOLOGIC MAPPING PROGRAM COMPONENTS.
Section 4(d)(1)(B)(ii) of the National Geologic Mapping Act of 1992
(43 U.S.C. 31c(d)(1)(B)(ii)) is amended--
(1) in subclause (I), by striking ``and'' after the
semicolon at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(III) the needs of land
management agencies of the Department
of the Interior.''.
SEC. 7. GEOLOGIC MAPPING ADVISORY COMMITTEE.
Section 5(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31d(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``Administrator of the
Environmental Protection Agency or a designee'' and
inserting ``Secretary of the Interior or a designee
from a land management agency of the Department of the
Interior'';
(B) by inserting ``and'' after ``Energy or a
designee,''; and
(C) by striking ``, and the Assistant to the
President for Science and Technology or a designee'';
and
(2) in paragraph (3)--
(A) by striking ``Not later than'' and all that
follows through ``consultation'' and inserting ``In
consultation'';
(B) by striking ``Chief Geologist, as Chairman''
and inserting ``Associate Director for Geology, as
Chair''; and
(C) by striking ``one representative from the
private sector'' and inserting ``2 representatives from
the private sector''.
SEC. 8. FUNCTIONS OF NATIONAL GEOLOGIC-MAP DATABASE.
Section 7(a) of the National Geologic Mapping Act of 1992 (43
U.S.C. 31f(a)) is amended--
(1) in paragraph (1), by striking ``geologic map'' and
inserting ``geologic-map''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``information on how to obtain'' after ``that
includes''; and
(B) in subparagraph (A), by striking ``under the
Federal component and the education component'' and
inserting ``with funding provided under the national
cooperative geologic mapping program established by
section 4(a)''.
SEC. 9. BIENNIAL REPORT.
Section 8 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31g) is amended by striking ``Not later'' and all that follows through
``biennially'' and inserting ``Not later than 3 years after the date of
enactment of the National Geologic Mapping Reauthorization Act of 2004
and biennially''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION.
Section 9 of the National Geologic Mapping Act of 1992 (43 U.S.C.
31h) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--There is authorized to be appropriated to carry
out this Act $64,000,000 for each of fiscal years 2006 through 2010.'';
and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``2000'' and inserting ``2005'';
(B) in paragraph (1), by striking ``48'' and
inserting ``50''; and
(C) in paragraph (2), by striking 2 and inserting
``4''. | National Geologic Mapping Reauthorization Act of 2004 - Amends the National Geologic Mapping Act of 1992 to extend deadlines for development of a five-year strategic plan for the geologic mapping program and for appointment of the advisory committee.
Removes from program objectives the development of a geophysical- and geochemical- map database. Directs that mapping priorities be based in part on the needs of the Department of the Interior land management agencies.
Modifies the composition of the advisory committee. Directs that the national geologic database include information on how to obtain specified maps, databases, and data, including all maps developed with funding provided under the national cooperative geologic mapping program.
Authorizes appropriations for each of FY 2006 through 2010. Increases the percentages allocated for the State and education components. | {"src": "billsum_train", "title": "A bill to reauthorize and amend the National Geologic Mapping Act of 1992."} | 1,581 | 170 | 0.558381 | 1.492952 | 0.544618 | 2.412587 | 9.265734 | 0.804196 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deposit Insurance Reduction Act of
1993''.
SEC. 2. REDUCTION IN DEPOSIT INSURANCE FROM $100,000 TO $25,000.
(a) FDIC Insured Depository Institutions.--
(1) In general.--Section 11(a)(1)(B) of the Federal Deposit
Insurance Act (12 U.S.C. 1821(a)(1)(B)) is amended by striking
``$100,000'' and inserting ``$25,000''.
(2) Trust funds.--
(A) In general.--Section 7(i) of the Federal
Deposit Insurance Act (12 U.S.C. 1817(i)) is amended by
striking ``$100,000'' and inserting ``$25,000''.
(B) Subsequent amendment.--Effective on the
effective date of the amendment made by section
311(b)(3) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 7(i)(1) of the Federal
Deposit Insurance Act (as amended by such section
311(b)(3)) is amended by striking ``$100,000'' and
inserting ``$25,000''.
(3) Other limits on deposit insurance.--
(A) In general.--Paragraphs (2)(A) and (3) of
section 11(a) of the Federal Deposit Insurance Act (12
U.S.C. 1821(a)) are amended by striking ``$100,000''
each place such term appears and inserting ``$25,000''.
(B) Subsequent amendment.--Effective on the
effective date of the amendment made by section
311(b)(2) of the Federal Deposit Insurance Corporation
Improvement Act of 1991, section 11(a)(3)(A) of the
Federal Deposit Insurance Act (as amended by such
section 311(b)(2)) is amended by striking ``$100,000''
and inserting ``$25,000''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall take effect at the end of the 60-day period
beginning on the date of the enactment of this Act.
(5) Transition period.--Notwithstanding the amendments made
by paragraphs (1), (2), and (3), if the total amount of insured
deposits of any depositor at any insured depository institution
(determined as of the close of business on the day before the
effective date of such amendments under paragraph (4)) exceeds
$25,000, such excess amount may continue to be treated, in
accordance with regulations which the Federal Deposit Insurance
Corporation shall prescribe, as insured deposits in the manner
provided in section 8(a)(7) of the Federal Deposit Insurance
Act during the 1-year period beginning on such effective date.
(6) Notice.--The Federal Deposit Insurance Corporation
shall require, by regulation, each insured depository
institution to provide notice to each accountholder at such
institution before the end of the 60-day period described in
paragraph (4) of--
(A) the reduction in the amount of deposit
insurance available on deposits at the institution; and
(B) the transition rules prescribed pursuant to
paragraph (5).
(7) Enforcement.--For purposes of enforcing any requirement
of this subsection or any regulation prescribed by the Federal
Deposit Insurance Corporation pursuant to this subsection, such
Corporation shall be treated as the appropriate Federal banking
agency for any insured depository institution.
(8) Insured depository institutions defined.--For purposes
of this subsection, the term ``insured depository institution''
has the meaning given to such term in section 3(c)(2) of the
Federal Deposit Insurance Act.
(b) NCUA Insured Credit Unions.--
(1) In general.--Paragraphs (1), (2)(A), and (3) of section
207(k) of the Federal Credit Union Act (12 U.S.C. 1787(k)) are
amended by striking ``$100,000'' each place such term appears
and inserting ``$25,000''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect at the end of the 60-day period beginning on
the date of the enactment of this Act.
(3) Transition period.--Notwithstanding the amendments made
by paragraph (1), if the total amount of insured deposits of
any accountholder at any insured credit union (determined as of
the close of business on the day before the effective date of
such amendments under paragraph (2)) exceeds $25,000, such
excess amount may continue to be treated, in accordance with
regulations which the National Credit Union Administration
shall prescribe, as insured deposits in the manner provided in
section 206(d)(1) of the Federal Credit Union Act during the 1-
year period beginning on such effective date.
(4) Notice.--The National Credit Union Administration shall
require, by regulation, each insured credit union to provide
notice to each accountholder at such credit union before the
end of the 60-day period described in paragraph (2) of--
(A) the reduction in the amount of deposit
insurance available on deposits at the credit union;
and
(B) the transition rules prescribed pursuant to
paragraph (3).
(c) Regulations.--The Board of Directors of the Federal Deposit
Insurance Corporation and the National Credit Union Administration
Board shall prescribe regulations necessary to carry out this section. | Deposit Insurance Reduction Act of 1993 - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to reduce the amount of insured deposits from $100,000 to $25,000. | {"src": "billsum_train", "title": "Deposit Insurance Reduction Act of 1993"} | 1,166 | 36 | 0.601844 | 1.390738 | 0.386148 | 4.090909 | 31.121212 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Tax and Investment Reform Act
of 2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a unique Federal legal and political
relationship between the United States and Indian tribes.
(2) Indian tribes have the responsibility and authority to
provide governmental programs and services to tribal citizens,
develop tribal economies, and build community infrastructure to
ensure that Indian reservation lands serve as livable,
permanent homes.
(3) The United States Constitution, U.S. Federal Court
decisions, Executive orders, and numerous other Federal laws
and regulations recognize that Indian tribes are governments,
retaining the inherent authority to tax and operate as other
governments, including (inter alia) financing projects with
government bonds and maintaining eligibility for general tax
exemptions via their government status.
(4) Codifying tax parity with respect to tribal governments
is consistent with Federal treaties recognizing the sovereignty
of tribal governments.
(5) That Indian tribes face historic disadvantages in
accessing the underlying capital to build the necessary
infrastructure for job creation, and that certain statutory
restrictions on tribal governance further inhibit tribes'
ability to develop strong governance and economies.
(6) Indian tribes are sometimes excluded from the Internal
Revenue Code of 1986 in key provisions which results in unfair
tax treatment for tribal citizens or unequal enforcement
authority for tribal enforcement agencies.
(7) Congress is vested with the authority to regulate
commerce with Indian tribes, and hereby exercises that
authority in a manner which furthers tribal self-governance,
and in doing so, further affirms the United States government-
to-government relationship with Indian tribes.
SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND
ISSUANCE.
(a) In General.--Subsection (c) of section 7871 of the Internal
Revenue Code of 1986 (relating to Indian tribal governments treated as
States for certain purposes) is amended to read as follows:
``(c) Special Rules for Tax-Exempt Bonds.--In applying section 146
to bonds issued by Indian tribal governments (or subdivisions thereof)
the Secretary of the Treasury shall annually--
``(1) establish a national bond volume cap based on the
greater of--
``(A) the State population formula approach in
section 146(d)(1)(A) (using national tribal population
estimates supplied annually by the Department of the
Interior in consultation with the Census Bureau), and
``(B) the minimum State ceiling amount in section
146(d)(1)(B) (as adjusted in accordance with the cost
of living provision in section 146(d)(2)), and
``(2) allocate such national bond volume cap among all
Indian tribal governments seeking such an allocation in a
particular year under regulations prescribed by the
Secretary.''.
(b) Repeal of Essential Governmental Function Requirements.--
Section 7871 of such Code is further amended by striking subsections
(b) and (e).
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to obligations issued in calendar years beginning
after the date of the enactment of this Act.
(2) Subsection (b).--The repeals made by subsection (b)
shall apply to transactions after, and obligations issued in
calendar years beginning after, the date of the enactment of
this Act.
SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY
TRIBAL GOVERNMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Qualified public safety employee.--Section 72(t)(10)(B)
of the Internal Revenue Code of 1986 (defining qualified public
safety employee) is amended by--
(A) striking ``or political subdivision of a
State'' and inserting ``, political subdivision of a
State, or Indian tribe''; and
(B) striking ``such State or political
subdivision'' and inserting ``such State, political
subdivision, or tribe''.
(2) Governmental plan.--The last sentence of section 414(d)
of such Code (defining governmental plan) is amended to read as
follows: ``The term `governmental plan' includes a plan
established or maintained for its employees by an Indian tribal
government (as defined in section 7701(a)(40)), a subdivision
of an Indian tribal government (determined in accordance with
section 7871(d)), an agency, instrumentality, or subdivision of
an Indian tribal government, or an entity established under
Federal, State, or tribal law which is wholly owned or
controlled by any of the foregoing.''.
(3) Domestic relations order.--Section 414(p)(1)(B)(ii) of
such Code (defining domestic relations order) is amended by
inserting ``or tribal'' after ``State''.
(4) Exempt governmental deferred compensation plan.--
Section 3121(v)(3) of such Code (defining governmental deferred
compensation plan) is amended by inserting ``by an Indian
tribal government or subdivision thereof,'' after ``political
subdivision thereof,''.
(5) Grandfather of certain deferred compensation plans.--
Section 457 of the Internal Revenue Code is amended by adding
at the end the following new subsection:
``(h) Certain Tribal Government Plans Grandfathered.--Plans
established before the date of enactment of this subsection and
maintained by an Indian tribal government (as defined in section
7701(a)(40)), a subdivision of an Indian tribal government (determined
in accordance with section 7871(d)), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing, in compliance with subsection (b) or (f) shall
be treated as if established by an eligible employer under subsection
(e)(1)(A).''.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--The last sentence of section 3(32) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(32)) is amended to read as follows: ``The term
`governmental plan' includes a plan established or maintained
for its employees by an Indian tribal government (as defined in
section 7701(a)(40) of the Internal Revenue Code of 1986), a
subdivision of an Indian tribal government (determined in
accordance with section 7871(d) of such Code), an agency,
instrumentality, or subdivision of an Indian tribal government,
or an entity established under Federal, State, or tribal law
which is wholly owned or controlled by any of the foregoing.''.
(2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II)
of such Act is amended by inserting ``or tribal'' after
``State''.
(3) Conforming amendments.--
(A) Paragraph (2) of section 109(d) of the Worker,
Retiree, and Employer Recovery Act of 2008 (Public Law
110-458; 122 Stat. 5112) is repealed, and, subject to
subparagraph (B), each provision amended by such
paragraph is amended to read as if such paragraph had
not been enacted.
(B) Section 4021(b) of the Employee Retirement
Income Security Act of 1974 is amended by striking
``or'' at the end of paragraph (12), by striking the
period at the end of paragraph (13) and inserting ``;
or'', and by inserting after paragraph (13) the
following new paragraph:
``(14) established or maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity
established under Federal, State, or tribal law which is wholly
owned or controlled by any of the foregoing.''.
(C) Section 4021(b)(2) of such Act (29 U.S.C.
1321(b)(2)) is amended by striking ``, or which is
described in the last sentence of section 3(32)'' and
inserting a comma.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after the date of the enactment of this Act.
SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES
FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND
SPONSORS.
(a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code
of 1986 is amended by adding at the end the following: ``For purposes
of clause (vi), the term `governmental unit' includes an Indian tribal
government (determined in accordance with section 7871(d) of such
Code), an agency, instrumentality, or subdivision of an Indian tribal
government, or an entity established under Federal, State, or tribal
law which is wholly owned or controlled by any of the foregoing.''.
(b) Certain Supporting Organizations.--Section 509(a) of such Code
is amended by adding at the end the following: ``For purposes of
paragraph (3), an organization described in paragraph (2) shall be
deemed to include an Indian tribal government (determined in accordance
with section 7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT
AGENCIES BY PARITY OF ACCESS TO THE FEDERAL PARENT
LOCATOR SERVICE AND FEDERAL TAX REFUND OFFSETS.
(a) Access to Federal Parent Locatior Service.--Section 453(c) of
the Social Security Act (42 U.S.C. 653(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 adding at the end the following:
``(5) the child support enforcement agency of an Indian
tribe or tribal organization that is eligible for a grant under
section 455(f).''.
(b) Improving the Collection of Past-Due Child Support From Federal
Tax Refunds.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding at
the end the following:
``(d) Applicability to Indian Tribes and Tribal Organizations
Eligible for a Grant Under This Part.--This section, except for the
requirement to distribute amounts in accordance with section 457, shall
apply to an Indian tribe or tribal organization eligible for a grant
under section 455(f) in the same manner in which this section applies
to a State with a plan approved under this part.''.
(2) Amendment to the internal revenue code.--Subsection (c)
of section 6402 of the Internal Revenue Code of 1986 is amended
by adding at the end the following: ```For purposes of this
subsection, any reference to a State shall include a reference
to any Indian tribe or tribal organization described in section
464(d) of the Social Security Act.''.
SEC. 7. APPLICATION OF CLEAN RENEWABLE ENERGY BONDS TO TRIBES.
(a) In General.--Section 54(j) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(6) Indian tribal government.--The term `Indian tribal
government' has the meaning given such term by section
7701(a)(40) and includes a subdivision of an Indian tribal
government (determined in accordance with section 7871(d)), an
agency, instrumentality, or subdivision of an Indian tribal
government, or an entity established under Federal, State, or
tribal law which is wholly owned or controlled by any of the
foregoing.''.
(b) Allocation.--Section 54(f) of such Code is amended by adding at
the end the following:
``(3) Special rule for indian tribal governments.--
``(A) In general.--Notwithstanding subsection (m),
there is a clean renewable energy bond limitation for
Indian tribal governments of $200,000,000 for each of
calendar years 2014, 2015, and 2016.
``(B) Allocation by secretary.--The Secretary shall
allocate the amount described in subparagraph (A) among
qualified projects in such manner as the Secretary
determines appropriate, except that the Secretary may
not allocate more than 20 percent of the national clean
renewable energy bond limitation to finance any 1
qualified project.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2014. | Tribal Tax and Investment Reform Act of 2013 - Amends the Internal Revenue Code (IRC) to include Indian tribal governments in an annual allocation of a national tax-exempt bond volume cap. Repeals the condition limiting an Indian tribal government's eligibility to issue tax-exempt bonds or to be exempt from specified excise taxes to the connection of those bonds and excise taxes to an essential government function. Amends the IRC and the Employee Retirement Income Security Act of 1974 to treat employee benefit plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law. Treats tribal charities and foundations in the same manner as charities and foundations funded and controlled by other governmental entities for purposes of the tax-exempt status of, and deduction for contributions to, such organizations. Amends the Social Security Act to give Indian tribes or tribal organizations access to the Federal Parent Locator Service if they are eligible for a grant to operate a child support enforcement program. Makes those tribes and tribal organizations eligible to participate in the program that collects past-due support from the federal tax refunds individuals are due. Amends the IRC to establish a clean renewable energy bond limitation for Indian tribal governments for each of calendar years 2014, 2015, and 2016. Prohibits the Secretary of the Treasury from allocating more than 20% of the national clean renewable energy bond limitation to finance any one project. | {"src": "billsum_train", "title": "Tribal Tax and Investment Reform Act of 2013"} | 3,019 | 324 | 0.545016 | 1.550569 | 0.795836 | 2.725632 | 9.379061 | 0.855596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Augmenting Research and Educational
Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act'' or
the ``AG RESEARCH Act''.
SEC. 2. AGRICULTURAL RESEARCH FACILITIES.
(a) Findings.--Congress finds that--
(1) in 2015, agriculture and related industries--
(A) contributed $992,000,000,000 to the gross
domestic product of the United States (5.5 percent of
the total gross domestic product of the United States);
and
(B) provided 21,000,000 jobs domestically (11
percent of total employment in the United States);
(2) the Department of Agriculture funds more than
$1,500,000,000 in research funding each year to schools of
agriculture;
(3) a study published in 2015 found that deferred
maintenance at 91 schools of agriculture across the United
States totaled $8,200,000,000, with a total replacement cost of
$29,000,000,000; and
(4) infrastructure investments must be made at schools of
agriculture to ensure that United States agricultural research
remains globally competitive.
(b) Grants for Agricultural Research Facilities.--Title IV of the
Agricultural Research, Extension, and Education Reform Act of 1998 is
amended by inserting before section 404 (7 U.S.C. 7624) the following:
``SEC. 401. GRANTS FOR AGRICULTURAL RESEARCH FACILITIES.
``(a) Purpose.--The purpose of this section is to assist
agricultural research facilities in efforts to alter or repair those
facilities or equipment of the facilities necessary for conducting
agricultural research.
``(b) Definition of Agricultural Research Facility.--In this
section, the term `agricultural research facility' has the meaning
given the term in section 2 of the Research Facilities Act (7 U.S.C.
390).
``(c) Grant Program.--
``(1) In general.--The Secretary shall establish in the
National Institute of Food and Agriculture a competitive grant
program to provide to agricultural research facilities the
Federal share of the cost of the alteration, modernization,
renovation, or remodeling of--
``(A) the agricultural research facilities; or
``(B) equipment of the agricultural research
facilities necessary for conducting agricultural
research.
``(2) Federal share.--The Federal share referred to in
paragraph (1) shall be not greater than 50 percent.
``(d) Requirements.--
``(1) Amount; terms and conditions.--Grants awarded under
this section shall be in such amounts and under such terms and
conditions as the Secretary determines are necessary to carry
out the purpose of this section.
``(2) Geographic distribution.--To the maximum extent
practicable, grants shall be awarded under this section to
ensure an equitable geographic distribution of funds.
``(3) Limitation.--Not greater than 20 percent of amounts
made available to carry out this section shall be awarded to
projects in any 1 State.
``(4) Administration.--In carrying out this section, the
Secretary shall establish procedures for--
``(A) the submission of proposals for competitive
grants; and
``(B) in consultation with representatives of
National Institute of Food and Agriculture grantmaking
peer review panels, the review and selection of
proposals submitted under subparagraph (A).
``(5) Priority.--In selecting proposals under paragraph
(4)(B), the Secretary shall give priority to proposals that--
``(A) are--
``(i) ready to proceed quickly; and
``(ii) included in the facilities master
plan or capital improvement plan of the
college, university, or nonprofit institution;
or
``(B) incorporate--
``(i) renewable energy;
``(ii) energy- or water-efficient
technology; or
``(iii) both energy and technology
described in clauses (i) and (ii).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000,000 for each of
fiscal years 2019 through 2028.''.
SEC. 3. AGRICULTURAL RESEARCH CENTERS.
(a) Finding.--Congress finds that the Agricultural Research Service
Capital Investment Strategy dated April 2012 indicates that research
facilities of the Agricultural Research Services have more than
$1,000,000,000 in deferred maintenance.
(b) Direct Funding for Deferred Maintenance at ARS Research
Facilities.--Title IV of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7624 et seq.) is amended by
inserting after section 401 (as added by section 2(b)) the following:
``SEC. 402. DIRECT FUNDING FOR DEFERRED MAINTENANCE AT ARS RESEARCH
FACILITIES.
``(a) In General.--Using amounts made available under subsection
(c), the Secretary shall provide direct payments to research facilities
of the Agricultural Research Service for the purpose of addressing
deferred maintenance.
``(b) Priority.--In providing direct payments under subsection (a),
the Secretary shall give priority to the most critical structures in
accordance with the Agricultural Research Service Capital Investment
Strategy dated April 2012.
``(c) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $100,000,000 for each
of fiscal years 2019 through 2028.''. | Augmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act or the AG RESEARCH Act This bill amends the Agricultural Research, Extension, and Education Reform Act of 1998 to provide funding for maintenance at agricultural research facilities. The bill requires the Department of Agriculture to: (1) establish a grant program within the National Institute of Food and Agriculture to provide agricultural research facilities with a federal share of the cost for the alteration, modernization, renovation, or remodeling of the research facilities or the equipment necessary for agricultural research; and (2) use specified Commodity Credit Corporation funds to provide direct payments to research facilities of the Agricultural Research Service for addressing deferred maintenance. | {"src": "billsum_train", "title": "Augmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-Edge and Helpful Act"} | 1,203 | 151 | 0.599542 | 1.629041 | 0.783491 | 4 | 8.091603 | 0.946565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Service Corps
Reinvestment Act of 2001''.
TITLE I--REVISION AND EXTENSION OF PROGRAM FOR NATIONAL HEALTH SERVICE
CORPS
SEC. 101. GENERAL PROGRAM.
(a) Additional Authorizations of Appropriations.--Section 338(a)(1)
of the Public Health Service Act (42 U.S.C. 254k(a)(1)) is amended by
inserting before the period the following: ``, $62,284,500 for fiscal
year 2002, and such sums as may be necessary for each of the fiscal
years 2003 through 2006''.
(b) Designation of Health Professional Shortage Areas.--Section 332
of the Public Health Service Act (42 U.S.C. 254e) is amended by adding
at the end the following subsection:
``(i)(1) Notwithstanding any other provision of this subpart, the
Secretary shall consider facilities described in paragraph (2) to be
health professional shortage areas within the meaning of subsection
(a)(1)(C).
``(2) The facilities referred to in paragraph (1) are public or
nonprofit private facilities that are any of the following:
``(A) A health center receiving a grant under section 330.
``(B) A Federally-qualified health center as defined in
section 1905(l)(2)(B) of the Social Security Act.
``(C) A rural health clinic under section 1861(aa)(2) of
the Social Security Act.''.
(c) Striking of Provisions Regarding Cost Sharing.--Subpart II of
part D of title III of the Public Health Service Act (42 U.S.C. 254d et
seq.) is amended by striking section 334.
SEC. 102. SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS.
(a) Additional Authorizations of Appropriations.--Section
338H(b)(1) of the Public Health Service Act (42 U.S.C. 254q(b)(1)) is
amended--
(1) by striking ``and'' after ``1991,''; and
(2) by inserting before the period the following: ``,
$131,886,000 for fiscal year 2002, and such sums as may be
necessary for each of the fiscal years 2003 through 2006''.
(b) Demonstration Program Regarding Part-Time Performance of
Obligated Service.--Section 338C (42 U.S.C. 254m) of the Public Health
Service Act is amended by adding at the end the following subsection:
``(f)(1) In carrying out this subpart, the Secretary may in
accordance with this subsection carry out demonstration projects in
which individuals who have entered into contracts under section 338A or
338B receive a waiver under which the individuals are authorized,
notwithstanding subsection (a), to satisfy the requirement of obligated
service through providing clinical service that is not full-time
(referred to in this subsection as `part-time service').
``(2) A waiver under paragraph (1) may be provided by the Secretary
only if the following conditions are met:
``(A) An entity approved under section 333 for the
assignment of a Corps member has requested in writing that the
Corps member assigned to the entity provide part-time service.
``(B) The Secretary has determined that part-time service
by a Corp member is appropriate for the health professional
shortage area in which the entity is located.
``(C) A Corps member who is required to perform obligated
service has agreed in writing to be assigned, for part-time
service, to an entity described in subparagraph (A).
``(D) The entity and the Corps member agree in writing that
the part-time service provided by the Corps member will be not
less than 20 hours per week.
``(E) The Corps member agrees in writing that the period of
time over which the Corps member would otherwise have performed
obligated service pursuant to section 338A or 338B (as
applicable) will be extended so that the aggregate amount of
part-time service provided by the Corps member will equal the
period of obligated service that otherwise would have applied
pursuant to such section.
``(F) The Corps member agrees in writing that, if the Corps
member begins providing part-time service but fails to complete
the period of obligated service, the method of determining the
amount of damages described in subsection (b) or (c) of section
338E, as applicable, will be applied by using the full-time
equivalent of the part-time service provided by the Corp
member.''.
TITLE II--EXCLUSION FROM GROSS INCOME FOR CERTAIN SCHOLARSHIPS AND LOAN
PAYMENTS UNDER NATIONAL HEALTH SERVICE CORPS PROGRAM
SEC. 201. EXCLUSION OF AMOUNTS RECEIVED UNDER THE NATIONAL HEALTH
SERVICE CORPS SCHOLARSHIP PROGRAM.
(a) In General.--Section 117(c) of the Internal Revenue Code of
1986 (relating to the exclusion from gross income amounts received as a
qualified scholarship) is amended--
(1) by striking ``Subsections (a)'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
subsections (a)''; and
(2) by adding at the end the following new paragraph:
``(2) Exception.--Paragraph (1) shall not apply to any
amount received by an individual under the National Health
Service Corps Scholarship Program under section 338A(g)(1)(A)
of the Public Health Service Act.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts received in taxable years beginning after December 31,
2001.
SEC. 202. EXCLUSION FOR LOAN PAYMENTS UNDER NATIONAL HEALTH SERVICE
CORPS LOAN REPAYMENT PROGRAM.
(a) In General.--Section 117 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Loan Payments Under National Health Service Corps Loan
Repayment Program.--Gross income shall not include any amount received
under section 338B(g) of the Public Health Service Act.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts received by an individual in taxable years beginning
after December 31, 2001.
TITLE III--GENERAL PROVISIONS
SEC. 301. CONFORMING AMENDMENT REGARDING REIMBURSEMENT OF TAX LIABILITY
FOR LOAN PAYMENTS.
Section 338B(g) of the Public Health Service Act (42 U.S.C. 254l-
1(g)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 302. EFFECTIVE DATE.
Except as provided otherwise in this Act, this Act and the
amendments made by this Act take effect October 1, 2001, or upon the
date of the enactment of this Act, whichever occurs later. | National Health Service Corps Reinvestment Act of 2001 - Amends the Public Health Service Act to extend from FY 2001 through FY 2006 the authorization of appropriations for certain programs of the National Health Service Corps.Requires the Secretary of Health and Human Services to consider certain grant-receiving health centers, federally-qualified health centers, and rural health clinics to be health professional shortage areas.Repeals cost-sharing requirements that entities approved for assignment of Corps members: (1) charge for their health services; and (2) make certain payments to the United States.Authorizes the Secretary to carry out demonstration projects allowing individuals to satisfy obligated service requirements through part-time clinical service, but not less than 20 hours per week.Amends the Internal Revenue Code to exclude from gross income certain scholarship and loan repayment amounts under the National Health Services Corps Program. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and the Internal Revenue Code of 1986 with respect to the National Health Service Corps."} | 1,635 | 183 | 0.524091 | 1.363711 | 0.85763 | 2.21118 | 8.354037 | 0.819876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immediate Benefits for Wounded
Warriors Act of 2007''.
SEC. 2. ASSIGNMENT OF TEMPORARY DISABILITY RATING TO CERTAIN MEMBERS OF
THE ARMED FORCES FOR PURPOSES OF LAWS ADMINISTERED BY
SECRETARY OF VETERANS AFFAIRS.
(a) In General.--For purposes of the laws administered by the
Secretary of Veterans Affairs, at the request of an eligible member of
the Armed Forces, the Secretary shall assign to that member a temporary
disability rating of 30 percent upon the date of such member's
separation from the Armed Forces, or in the case of an eligible member
of the Armed Forces who has received a medical diagnosis of post
traumatic stress disorder or traumatic brain injury, upon receipt of
such diagnosis.
(b) Assignment of Permanent Disability Rating.--Upon the assignment
of a permanent disability rating to an eligible member of the Armed
Forces who has received a temporary disability rating under subsection
(a)--
(1) if such permanent disability rating is more than 30
percent, for each month that the member received a disability
compensation payment under chapter 11 of title 38, United
States Code, the Secretary of Veterans Affairs shall make a
payment to the member in an amount equal to the difference
between the amount the member actually received for that month
and the amount the member would have received if the member had
been assigned the member's permanent disability rating; and
(2) if such permanent disability rating is less than 30
percent, the member shall not be required to make any payment
to the Secretary for any benefit provided during the period of
time for which the member was assigned the temporary disability
rating.
(c) Relation to Severance and Separation Pay.--A payment of
disability compensation received by an eligible member of the Armed
Forces who receives a temporary disability rating under subsection (a)
is not subject to offset even though the member also receives
separation pay under section 1174 of title 10, United States Code, or
disability severance pay under section 1212 of such title.
(d) Eligible Member of the Armed Forces.--For purposes of this Act,
an eligible member of the Armed Forces is a member of the Armed Forces
who--
(1) served on active duty in support of Operation Iraqi
Freedom or Operation Enduring Freedom;
(2) has not received a disability rating from the Secretary
of Veterans Affairs for the disability for which the member
requests a temporary disability rating;
(3) is not authorized for pre-stabilization benefits under
38 C.F.R. 4.28;
(4) has submitted to the Secretary of Veterans Affairs a
claim for disability compensation under laws administered by
the Secretary of Veterans Affairs for the disability for which
the member requests the temporary disability rating but has not
received such compensation; and
(5) is separated from the Armed Forces--
(A) pursuant to section 1201 of title 10, United
States Code; or
(B) under conditions other than dishonorable and
has--
(i) been determined by the Secretary of
Defense to have a disability with a rating of
at least 10 percent under the standard schedule
of rating disabilities in use by the Department
of Veterans Affairs at the time of the
determination; or
(ii) received a medical diagnosis of post
traumatic stress disorder or traumatic brain
injury.
(e) Responsibilities of Secretary of Defense.--The Secretary of
Defense shall--
(1) not later than 30 days before the date on which the
Secretary anticipates that an eligible member of the Armed
Forces will separate from the Armed Forces, notify the
Secretary of Veterans Affairs of that date; and
(2) before the date on which the Secretary anticipates that
an eligible member of the Armed Forces will separate from the
Armed Forces, transmit to the Secretary of Veterans Affairs the
medical and service records of that member.
(f) Treatment of Anticipated Separation Date.--For purposes of
providing benefits under the laws administered by the Secretary of
Veterans Affairs, the Secretary may use the anticipated date of
separation provided to the Secretary under subsection (e)(1).
(g) PTSD and TBI Registry.--The Secretary of Veterans Affairs shall
establish a post traumatic stress disorder and traumatic brain injury
registry and shall include in the registry all eligible members of the
Armed Forces who request a temporary disability rating under this
section who have been diagnosed with post traumatic stress disorder or
traumatic brain injury.
(h) Termination.--The authority of the Secretary of Veterans
Affairs to assign a temporary disability rating under this section
shall expire on the date that is five years after the date of the
enactment of this Act. | Immediate Benefits for Wounded Warriors Act of 2007 - Directs the Secretary of Veterans Affairs, for purposes of the laws administered by the Secretary and at the request of an eligible member of the Armed Forces who has served on active duty in support of Operation Iraqi Freedom or Operation Enduring Freedom, to assign to that member a 30% temporary disability rating upon such member's separation from the Armed Forces, or in the case of an eligible member who has received a medical diagnosis of post traumatic stress disorder or traumatic brain injury, upon receipt of such diagnosis.
States that upon assignment of a permanent disability rating to a member who has received such temporary rating: (1) if the permanent rating exceeds 30% payments shall be made for such "temporary rating months" to equal the payments under the higher permanent rating; and (2) if the permanent rating is less than 30% the member shall not be required to repay such amounts.
States that disability compensation payments received by a member who receives such temporary disability rating are not subject to offset even though the member also receives separation or disability severance pay. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to assign a temporary disability rating to certain members of the Armed Forces upon separation, and for other purposes."} | 1,027 | 237 | 0.77249 | 2.301384 | 0.800364 | 5.014085 | 4.394366 | 0.920188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opportunities in Cooperative
Education And New Research Partnerships Act'' or the ``OCEAN Research
Partnerships Act''.
SEC. 2. AMENDMENT REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a provision, the reference shall be considered to be made to a
provision of the National Sea Grant College Program Act (33 U.S.C. 1121
et seq.).
SEC. 3. REPEAL OF COORDINATION REQUIREMENT.
Section 9 of the National Sea Grant College Program Amendments of
2002 (33 U.S.C. 857-20) is repealed.
SEC. 4. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Program Objectives.--Section 202(b) (33 U.S.C. 1121(b)) is
amended by inserting ``for research, education, extension services,
training, technology transfer, and public service'' after
``assistance''.
(b) Allocation of Funding to Sea Grant Programs and Projects.--
Section 204(d)(3) (33 U.S.C. 1123(d)(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``sea grant colleges and sea grant institutes'' and inserting
``sea grant colleges, sea grant institutes, sea grant programs,
and projects,''; and
(2) in subparagraph (B), by striking ``sea grant colleges
and sea grant institutes'' and inserting ``sea grant colleges,
sea grant institutes, sea grant programs, and projects,''.
SEC. 5. DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIPS.
(a) Amendments.--Section 208(b) (16 U.S.C. 1127(b)) is amended--
(1) by striking ``The Secretary may'' and inserting the
following:
``(1) In general.--The Secretary, subject to the
availability of appropriations, shall'';
(2) by inserting after ``Government.'' the following:
``(2) Placement priorities.--In placing fellows in the
legislative branch each year under this section the Secretary
shall give priority to--
``(A) positions in offices of, or with Members on,
committees of Congress that have jurisdiction over the
National Oceanic and Atmospheric Administration; or
``(B) positions in offices of Members of Congress
that have a demonstrated interest in ocean, coastal, or
Great Lakes resources.
``(3) Duration.--''; and
(3) by adding at the end the following:
``(4) Direct hire authority.--
``(A) In general.--During fiscal year 2016 and
thereafter, the head of any Federal agency may, subject
to the availability of appropriations, appoint, without
regard to the provisions of subchapter I of chapter 33
of title 5, United States Code, other than sections
3303 and 3328 of that title, a qualified candidate
described in subparagraph (B) directly to a position
with any Federal agency for which the candidate meets
Office of Personnel Management qualification standards.
``(B) Dean john a. knauss marine policy fellows.--
An individual shall be a qualified candidate described
in subparagraph (B) if the individual is a former
recipient of a fellowship under this subsection who--
``(i) earned a graduate or postgraduate
degree, including a professional degree, in a
field related to ocean, coastal, or Great Lakes
science, resource management, law, or policy
from an accredited institution of higher
education; and
``(ii) successfully fulfilled the
requirements of the fellowship.
``(C) Deadline for exercise of direct appointment
authority.--The head of a Federal agency may not
exercise direct appointment authority under this
paragraph with respect to a specific qualified
candidate after the end of the 3-year period beginning
on the date the candidate completes fulfillment of the
requirements of the candidate's fellowship under this
subsection.''.
(b) Application of Placement Priorities.--The amendment made by
subsection (a)(2) of this section shall apply beginning with respect to
the first calendar year beginning after the date of enactment of this
Act.
SEC. 6. NATIONAL SEA GRANT ADVISORY BOARD REPORTS.
Section 209(b)(2) (33 U.S.C. 1128(b)(2)) is amended--
(1) in the heading, by striking ``Biennial'' and inserting
``Periodic'';
(2) by striking ``The Board shall report to the Congress
every two years'' and inserting ``Not less frequently than once
every 3 years, the Board shall submit to Congress a report'';
and
(3) by inserting before the last sentence the following:
``(3) Availability of resources of department of
commerce.--''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 212 (33 U.S.C. 1131) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated
to the Secretary to carry out this subchapter--
``(A) $75,600,000 for fiscal year 2016;
``(B) $79,380,000 for fiscal year 2017;
``(C) $83,350,000 for fiscal year 2018;
``(D) $87,520,000 for fiscal year 2019;
``(E) $91,900,000 for fiscal year 2020; and
``(F) $96,500,000 for fiscal year 2021.
``(2) Priority activities for fiscal years 2016 through
2021.--In addition to the amounts authorized under paragraph
(1), there is authorized to be appropriated $18,000,000 for
each of fiscal years 2016 through 2021 for competitive grants
for the following:
``(A) University research on the biology,
prevention, and control of aquatic nonnative species.
``(B) University research on oyster diseases,
oyster restoration, and oyster-related human health
risks.
``(C) University research on the biology,
prevention, and forecasting of harmful algal blooms.
``(D) University research, education, training, and
extension services and activities focused on coastal
resilience and United States working waterfronts and
other regional or national priority issues identified
in the strategic plan under section 204(c)(1).
``(E) University research on sustainable
aquaculture techniques and technologies.
``(F) Fishery extension activities conducted by sea
grant colleges or sea grant institutes to enhance, and
not supplant, existing core program funding.'';
(2) by amending subsection (b) to read as follows:
``(b) Limitations.--
``(1) Administration.--
``(A) In general.--There may not be used for
administration of programs under this title in a fiscal
year more than 5.5 percent of the lesser of--
``(i) the amount authorized to be
appropriated under this title for the fiscal
year; or
``(ii) the amount appropriated under this
title for the fiscal year.
``(B) Critical staffing requirements.--
``(i) In general.--The Director shall use
the authority under subchapter VI of chapter 33
of title 5, United States Code, and section
1129 of this title, to meet any critical
staffing requirement while carrying out the
activities authorized in this title.
``(ii) Exception from cap.--For purposes of
subparagraph (A), any costs incurred as a
result of an exercise of authority as described
in clause (i) shall not be considered an amount
used for administration of programs under this
title in a fiscal year.'';
(3) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(4) in subsection (d), as so redesignated, by--
(A) striking ``The amount'' and inserting the
following:
``(1) In general.--The amount''; and
(B) adding at the end the following:
``(2) Exception for prize competition.--Notwithstanding
paragraph (1), funds for announced prizes otherwise authorized
shall remain available, without fiscal year limitation, until
the prize is claimed or the offer is withdrawn.''.
SEC. 8. TECHNICAL CORRECTIONS.
The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.)
is amended--
(1) in section 202(a)(6) (33 U.S.C. 1121(a)(6)), by
striking ``management, management,'' and inserting
``management,''; and
(2) in section 204(d)(3)(B) (33 U.S.C. 1123(d)(3)(B)), by
moving clause (vi) two ems to the right. | Opportunities in Cooperative Education And New Research Partnerships Act or the OCEAN Research Partnerships Act This bill amends the National Sea Grant College Program Act to revise and reauthorize through FY2021 the National Sea Grant College Program. The National Oceanic and Atmospheric Administration (NOAA) must award Dean John A. Knauss Marine Policy Fellowships. Currently, NOAA has discretion in awarding such fellowships. These fellowships support the placement of graduate students in fields related to ocean, coastal, and Great Lakes resources in positions with the executive and legislative branches. In placing marine policy fellows in the legislative branch, NOAA must give priority to positions in: (1) offices or committees of Congress that have jurisdiction over NOAA; and (2) offices of Members of Congress that have a demonstrated interest in ocean, coastal, or Great Lakes resources. The bill authorizes through FY2021 grants for university research on: (1) the biology, prevention, and control of aquatic nonnative species; (2) oyster diseases, oyster restoration, and oyster-related human health risks; (3) the biology, prevention, and forecasting of harmful algal blooms; and (4) sustainable aquaculture techniques and technologies. The bill also authorizes through FY2021 grants for: (1) fishery extension activities conducted by sea grant colleges or sea grant institutes to enhance existing core program funding, and (2) priority issues identified in the National Sea Grant Program's strategic plan. | {"src": "billsum_train", "title": "OCEAN Research Partnerships Act"} | 2,046 | 305 | 0.586391 | 1.786545 | 0.716772 | 3.911111 | 6.585185 | 0.881481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Health Care
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Americans are expected to spend $1,900,000,000,000 on
health care in 2005, up from $1,400,000,000,000 in 2001.
(2) While 174,000,000 Americans were covered by employer-
sponsored health insurance in 2004, rising health care costs to
both employers and employees jeopardize the ability of
employers and employees to maintain needed coverage.
(3) One in every 6 people in the United States, or
approximately 46,000,000 people lacked health insurance in
2004, and the number of uninsured individuals is expected to
grow.
(4) The medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) provided health insurance
to 41,700,000 elderly and disabled Americans in 2004, while the
medicaid program under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) provided health care for 55,000,000 low-
income children and their parents, pregnant women, and low-
income elderly individuals in 2004. Federal and State
government expenditures for both programs were approximately
$606,000,000,000 in 2004.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a National Commission on
Health Care to--
(1) examine and report on--
(A) the factors leading to the rising costs of
health care for individuals and businesses
participating in employer-based health insurance and
the rising health care expenditures for public health
care programs;
(B) the barriers that prevent individuals from
securing adequate health care coverage; and
(C) the issues faced by people covered by public
health care programs;
(2) ascertain, evaluate, and report on the evidence
developed by all relevant Federal, State, and local
governmental agencies regarding the facts and circumstances
surrounding rising health care costs and the barriers to
adequate insurance coverage;
(3) build upon the investigations of past and current
entities by reviewing the findings, conclusions, and
recommendations of--
(A) executive branch, congressional, or independent
commission investigations into the issues of health
care services or health care costs; and
(B) State and local entities that have developed
innovative solutions to deal with the health care needs
in their respective communities; and
(4) investigate and report to the President and the
Congress on its findings, conclusions, and recommendations for
policy solutions to the health care problems, including current
private and public services and the lack of health care
insurance for nearly 46,000,0000 Americans.
SEC. 4. ESTABLISHMENT.
There is established in the legislative branch the National
Commission on Health Care (referred to in this Act as the
``Commission'').
SEC. 5. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) 1 member shall be appointed by the President, who shall
serve as chairman of the Commission;
(2) 1 member shall be appointed by the leader of the Senate
of the Democratic Party, in consultation with the leader of the
House of Representatives of the Democratic Party, who shall
serve as vice chairman of the Commission;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party;
(4) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party;
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party; and
(6) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Not more than 5 members
of the Commission shall be from the same political party.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in such professions or
memberships as governmental service, health care services,
health care administration, business, public administration,
and research institutions or programs with health care
emphasis.
(4) Deadline for appointment.--All members of the
Commission shall be appointed not later than October 15, 2005,
or 60 days after the date of enactment of this Act, whichever
is later.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable after
all members of the Commission are appointed.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairperson or a majority of its
members. Six members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, and shall be
filled in the same manner in which the original appointment was made.
SEC. 6. FUNCTIONS OF COMMISSION.
(a) In General.--The functions of the Commission are to--
(1) conduct a study that--
(A) investigates relevant facts and experiences
relating to the problems within the sphere of health
care, including any relevant legislation, Executive
order, regulation, plan, policy, practice, or
procedure; and
(B) investigates relevant facts and circumstances
relating to--
(i) the rising costs of health care;
(ii) the impact of the rising costs of
health care on American businesses;
(iii) the provision of health care by State
and local health care agencies;
(iv) the effects of increases in insurance
premiums on health care coverage for businesses
and individuals;
(v) the private health insurance industry;
(vi) the public health programs;
(vii) innovations and reforms necessary to
increase the provision of affordable, quality
health care to all Americans;
(viii) the role of congressional oversight
and resource allocation; and
(ix) other areas of the public and private
sectors determined relevant by the Commission
for its inquiry;
(2) identify, review, and evaluate the lessons learned from
past legislative structuring of health care, coordination,
management policies, and procedures of the Federal Government,
and, when appropriate, State and local governments and
nongovernmental entities, relative to administering,
representing and implementing and receiving health care; and
(3) submit to the President and Congress such reports as
are required by this Act containing such findings, conclusions,
and recommendations as the Commission shall determine,
including proposing organization, coordination, planning,
management arrangements, procedures, rules, and regulations.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Commission determines appropriate for
the purposes of carrying out this Act.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided for in appropriation Acts, enter into contracts
to enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairperson, the
chairperson of any subcommittee created by a majority of the
Commission, or any member designated by a majority of the
Commission.
(2) Receipt, handling storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 8. STAFF OF COMMISSION.
(a) In General.--
(1) Appointment and compensation.--The chairperson of the
Commission, in consultation with vice chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission without reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(c) Consultant Services.--The Commission is authorized to procure
the services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the daily
rate paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
SEC. 9. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at a rate not to exceed the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
SEC. 10. REPORTS OF COMMISSION; TERMINATION.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(b) Final Report.--Not later than 12 months after the date of the
enactment of this Act, the Commission shall submit to the President and
Congress a final report containing such findings, conclusions, and
recommendations for corrective measures as have been agreed to by a
majority of Commission members.
(c) Termination.--
(1) In general.--The Commission, and all the authorities of
this Act, shall terminate 60 days after the date on which the
final report is submitted under subsection (b).
(2) Administrative activities before termination.--The
Commission may use the 60 day period referred to in paragraph
(1) for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
SEC. 11. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $6,000,000.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission. | National Commission on Health Care Act - Establishes in the legislative branch the National Commission on Health Care to conduct a study that investigates: (1) problems within the sphere of health care; (2) the rising costs of health care; (3) the impact of such rising costs on American businesses; (4) the provision of health care by state and local health care agencies; (5) the effects of increases in insurance premiums on health care coverage for businesses; (6) the private health insurance industry; (7) public health programs; (8) innovations and reforms necessary to increase the provision of affordable, quality health care to all Americans; (9) the role of congressional oversight and resource allocation; and (10) other relevant areas of the public and private sectors.
Directs the Commission to identify, review, evaluate, and report on the lessons learned from past legislative structuring of health care, coordination, management policies, and procedures of the federal government and, when appropriate, state and local governments and nongovernmental entities relative to administering, representing, implementing, and receiving health care
. | {"src": "billsum_train", "title": "A bill to examine the circumstances contributing to the problems facing the health care system of the United States and to develop public and private policies as appropriate to address rising health care costs and the number of uninsured Americans."} | 2,783 | 217 | 0.537526 | 1.588972 | 0.850318 | 4.986111 | 12.282407 | 0.986111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imported Seafood Safety Standards
Act''.
SEC. 2. ENSURING THE SAFETY OF IMPORTED SEAFOOD.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following:
``SEC. 805. SAFETY OF IMPORTED SEAFOOD.
``(a) Requirement of Equivalence.--
``(1) Standards for exporting country.--No seafood may be
imported into the United States from a foreign country unless
the Secretary certifies that the seafood imported from such
country is maintained through a program using reliable
analytical methods to ensure compliance with the United States
standards for seafood manufacturing, processing, and holding.
``(2) Inspection of exporting facilities.--In accordance
with the procedures described under section 704, officers and
employees duly designated by the Secretary shall conduct not
less than 1 inspection on an annual basis of each foreign
facility that exports seafood to the United States to ensure
that each such foreign facility maintains a program using
reliable analytical methods to ensure compliance with the
United States standards for seafood manufacturing, processing,
and holding. In addition to such annual inspection, such
officers and employees shall conduct periodic follow-up
inspections of such foreign facilities as determined necessary
by the Secretary.
``(b) Mandatory Testing.--
``(1) Minimum testing.--The Secretary shall inspect and
test not less than 20 percent of all seafood imported or
offered for import into the United States each year.
``(2) New exporters.--Notwithstanding any other provision
of this Act, the first 15 shipments of seafood imported or
offered for import into the United States from an exporter
shall be inspected and tested by the Secretary.
``(3) Failure to pass inspection.--
``(A) One failure.--If a shipment of seafood
imported or offered for import into the United States
by an exporter fails to meet an inspection or test
requirements, each subsequent shipment of seafood from
such exporter shall be inspected and tested by the
Secretary, until 15 consecutive shipments pass
inspection and testing.
``(B) Multiple failures.--
``(i) In general.--If more than 3 shipments
of seafood imported or offered for import into
the United States by an exporter fail to meet
inspection or tests requirements during any 1-
year period, no shipments from such exporter
may be imported or offered for import into the
United States for the following 1-year period.
Following such 1-year period when no shipments
may be so imported or offered, such exporter
shall not be permitted to offer imports to the
United States unless the Secretary certifies
that such exporter is maintaining a program
using reliable analytical methods to ensure
compliance with the United States standards for
seafood manufacturing, processing, and holding.
``(ii) Determination by secretary.--
Shipments of seafood imported or offered for
import into the United States by an exporter
that has been subject to a 1-year suspension
period and a certification under clause (i)
shall be inspected at a rate determined
appropriate by the Secretary for a period of
time as determined appropriate by the
Secretary.
``(C) Pattern of failures.--If the Secretary
determines that shipments of seafood imported or
offered for import into the United States from a
particular country repeatedly fail to meet inspection
or testing requirements, all shipments of seafood from
such country shall be refused entry into the United
States until the Secretary makes a certification
described under subsection (a).
``(D) Procedures.--The testing and inspections
procedures used under this paragraph shall be carried
out in accordance with section 801.
``(4) Fees.--The Secretary shall by regulation impose such
fees on exporters in such amounts as may be necessary to
provide, equip, and maintain an adequate and efficient
inspection service to carry out this subsection. Receipts from
such fees shall be covered into the Treasury and shall be
available to the Secretary for expenditures incurred in
carrying out the purposes of this subsection, including
expenditures for salaries of additional inspectors when
necessary to supplement the number of inspectors for whose
salaries Congress has appropriated.
``(c) Effect of Shipments That Fail To Meet Requirements.--
``(1) In general.--Notwithstanding section 801, if a
shipment of seafood imported or offered for import into the
United States fails to meet safety standards established by the
Secretary, such shipment shall be detained or destroyed unless
the imported shipment meets criteria for re-export, as
determined by the Secretary.
``(2) Labeling.--If a shipment of seafood has been refused
admission under paragraph (1), other than such a shipment that
is required to be destroyed, the Secretary shall require the
owner or consignee of the shipment to affix to the container of
the seafood a label that clearly and conspicuously bears the
statement: `UNITED STATES: REFUSED ENTRY'.
``(3) Exporting to foreign country.--If the appropriate
authority of a foreign country notifies the Secretary, not
later than 45 days after the shipment is rejected under
paragraph (1), that the shipment will be accepted in that
country, such shipment may be released to the importer for
exportation to such foreign country.
``(4) Destruction of shipment.--If the Secretary deems that
a shipment rejected under paragraph (1), if it were to have
been allowed entry, could have caused significant health risks
if consumed by humans, the shipment shall be destroyed
notwithstanding the receipt of a notification under paragraph
(3).
``(5) Notification to ports of entry.--The Secretary shall
notify ports of entry not later than 5 days after a shipment
described in paragraph (1)--
``(A) was determined to fail to meet safety
standards established by the Secretary under such
paragraph; or
``(B) was detained or destroyed.
``(d) Ports of Entry.--
``(1) In general.--Notwithstanding any other provision of
this chapter, seafood may be imported or offered for import at
only those ports of entry into the United States that have the
personnel trained to conduct the applicable testing and
inspection of seafood, as certified by the Secretary under
paragraph (2).
``(2) Certification.--The Secretary shall certify which
ports of entry into the United States have the personnel
trained to conduct the applicable testing and inspection of
seafood.
``(3) Effect of certification requirement.--If a port of
entry--
``(A) was, on the day before the date of enactment
of this section, a port of entry that accepted seafood
imported or offered for import into the United States;
and
``(B) does not meet the requirements for
certification under paragraph (2),
the Secretary shall, as soon as practicable after the date of
enactment of this section, provide proper personnel levels and
training to enable such port to be certified under paragraph
(2).
``(e) Annual Report.--On an annual basis, the Secretary shall
submit to Congress a report that describes the implementation of this
section, including--
``(1) summary data relating to inspections and testing
under this section, and any noncompliance with the applicable
provisions of this Act; and
``(2) recommendations of any improvements or other
modifications to this section determined necessary by the
Secretary.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Prohibited Act; Penalties.--Chapter III of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended--
(1) in section 301, by adding at the end the following:
``(uu) The making of a knowingly false statement with respect to a
test or inspection carried out under section 805, or knowingly
misbranding any seafood imported under such section.''; and
(2) in section 303, by adding at the end the following:
``(h)(1) Any person who violates section 301(uu) shall be subject
to a civil penalty in an amount not to exceed $250,000 for each such
violation, and not to exceed $1,100,000 for all such violations after
the second conviction in any 3-year period.
``(2) Paragraphs (5), (6), and (7) of subsection (f) shall apply to
a civil penalty assessment under this subsection in the same manner as
such paragraphs apply to a civil penalty assessment under subsection
(f)(1).''.
SEC. 3. COOPERATION WITH STATES TO CONDUCT INSPECTIONS.
Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381 et seq.), as amended by section 2, is further amended by adding at
the end the following:
``SEC. 805A. COOPERATION WITH STATES TO CONDUCT SEAFOOD INSPECTIONS.
``(a) Establishment of Cooperative Inspection Program.--The
Secretary may establish a program under which a State may conduct
inspection, testing, and certification of seafood imported or offered
for import into the United States.
``(b) Components of Program.--Under the program established under
subsection (a)--
``(1) the Secretary shall--
``(A) provide training to State officials to enable
such officials to carry out inspection, testing, and
certification, in accordance with Federal requirements
and safety standards, of seafood imported or offered
for import into the United States; and
``(B) certify such State officials as authorized
agents of the Federal Government to carry out such
inspections, testing, and certification; and
``(2) a State that receives a grant under subsection (c)
shall--
``(A) comply with all requirements of the Secretary
with respect to the training and certification of State
officials described under paragraph (1);
``(B) inspect, test, and certify, in accordance
with Federal requirements and safety standards, seafood
imported or offered for import into the United States;
and
``(C) carry out any other activities as determined
necessary by the Secretary to ensure the safety of
seafood imported or offered for import into the United
States.
``(c) Grants.--
``(1) In general.--The Secretary shall award grants to
States to carry out the cooperative seafood inspection program
established under subsection (a).
``(2) Application.--To be eligible to receive a grant under
paragraph (1), a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''. | Imported Seafood Safety Standards Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit the importation of any seafood from a foreign country unless the country complies with U.S. standards for seafood manufacturing, processing, and holding. Requires an annual inspection of each foreign facility that exports seafood to the United States to ensure compliance with such standards. Requires periodic follow-up inspections of such foreign facilities as determined necessary by the Secretary of Health and Human Services (HHS).
Requires the Secretary to inspect and test: (1) not less than 20% of all imported seafood each year; and (2) the first 15 shipments of seafood imported or offered for import into the United States from an exporter. Sets forth inspection and test requirements that apply with respect to exporters that fail to meet inspection or test requirements.
Directs the Secretary to: (1) refuse entry of all seafood shipments from a country that repeatedly fails to meet inspection or testing requirements; and (2) establish exporter fees as necessary.
Requires the detention or destruction of imported seafood that fails to meet safety standards unless the shipment meets criteria for re-export.
Allows importation of seafood at only those U.S. ports of entry that have the personnel trained to conduct the applicable testing and inspections.
Prohibits: (1) making a knowingly false statement with respect to a test or inspection under this Act; or (2) knowingly misbranding any seafood imported under this Act. Establishes a civil penalty for violations.
Authorizes the Secretary to establish a program under which a state may conduct inspection, testing, and certification of U.S. seafood imports. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to ensure the safety of imported seafood."} | 2,379 | 360 | 0.708934 | 2.05603 | 0.83107 | 4.083067 | 7.13099 | 0.920128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Qualified Personal Service
Corporations Clarification Act of 2001''.
SEC. 2. MODIFICATIONS TO DETERMINATION OF WHETHER CORPORATION IS A
QUALIFIED PERSONAL SERVICE CORPORATION.
(a) Stock Held by Certain Former Employees Taken Into Account.--
Subparagraph (B) of section 448(d)(2) of the Internal Revenue Code of
1986 (defining qualified personal service corporation) is amended by
striking ``or'' at the end of clause (iii), by striking the period at
the end of clause (iv) and inserting a comma, and by inserting after
clause (iv) the following new clauses:
``(v) former employees of such corporation
who performed the services referred to in
subparagraph (A) and who are holding such stock
by reason of their former employment with such
corporation, or
``(vi) former employees of such corporation
who performed the services referred to in
subparagraph (A) and who are holding such stock
by reason of their current or former employment
with any controlled entity (as defined in
paragraph (4)(B)).''
(b) Other Modifications.--Paragraph (4) of section 448(d) of such
Code is amended to read as follows:
``(4) Special rules for paragraph (2).--
``(A) In general.--For purposes of paragraph (2)--
``(i) community property laws shall be
disregarded,
``(ii) stock held by a plan described in
section 401(a) which is exempt from tax under
section 501(a) shall be treated as held by an
employee described in paragraph (2)(B)(i), and
``(iii) at the election of the common
parent of an affiliated group (within the
meaning of section 1504(a)), all members of
such group may be treated as 1 taxpayer for
purposes of paragraph (2)(B) if 80 percent or
more of the activities of such group involve
the performance of services in the fields
described in paragraph (2)(A).
``(B) Controlled entity.--For purposes of paragraph
(2)(B)(vi), the term `controlled entity' means, with
respect to a corporation--
``(i) any corporation at least 50 percent
(by value) of the outstanding stock of which is
owned (directly or indirectly as determined
under section 318) by such corporation, and
``(ii) any partnership at least 50 percent
of the capital interest or profits interest in
which is owned (directly or indirectly as
determined under section 318) by such
corporation.
``(C) New corporations.--A corporation shall be
treated as a qualified personal service corporation for
each taxable year preceding the first taxable year for
which the corporation has gross receipts if the
corporation is a qualified personal service corporation
for such first taxable year.
``(D) Certain stock not taken into account.--
``(i) In general.--The determination of
whether an employee-owned corporation is a
qualified personal service corporation shall be
made without regard to stock in such
corporation which is held by employees of
unaffiliated controlled entities. The preceding
sentence shall not apply to employees described
in clause (v) or (vi) of paragraph (2)(B).
``(ii) Employee-owned corporation.--For
purposes of clause (i), the term `employee-
owned corporation' means any corporation at
least 50 percent of the value of the
outstanding stock of which is owned (directly
or indirectly) by employees described in
paragraph (2)(B) (without regard to this
subparagraph) of such corporation.
``(iii) Unaffiliated controlled entity.--
For purposes of clause (i), the term
`unaffiliated controlled entity' means, with
respect to an employee-owned corporation--
``(I) any corporation at least 50
percent (by value) of the outstanding
stock of which is owned (directly or
indirectly as determined under section
318) by members of an affiliated group
(within the meaning of section 1504(a))
which includes such employee-owned
corporation, and
``(II) any partnership at least 50
percent of the capital interest or
profits interest in which is owned
(directly or indirectly as determined
under section 318) by members of such
affiliated group.
Such term shall not include any corporation
which is permitted to file a consolidated
return with such affiliated group.
``(E) Engineering defined.--For purposes of
paragraph (2), the term `engineering' includes--
``(i) professional services or activities
of an engineering nature, as defined by State
law, if applicable, which are required to be
performed or approved by a person licensed,
registered, or certified to provide such
services;
``(ii) professional services or activities
of an engineering nature that are associated
with research, planning, development, design,
construction, repair, or alteration of real
property; and
``(iii) such other professional services or
activities of an engineering nature, or
incidental services, which members of the
engineering profession (and individuals in
their employ) may logically or justifiably
perform, including studies, investigations,
surveying, mapping, tests, evaluations,
consultations, comprehensive planning, program
management, conceptual design, plans and
specifications, value engineering, construction
phase services, design-build, design-build-
finance, design-build-operate-maintain, design-
build-finance-operate-maintain, soils
engineering, drawing reviews, preparation of
operating and maintenance manuals, and other
related services.
Professional services and activities referred to in
clause (i), (ii), or (iii) shall be considered
engineering without regard to the procurement method,
delivery method, owner, or service recipient.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Qualified Personal Service Corporations Clarification Act of 2001 - Amends the Internal Revenue Code to modify the criteria for determining whether a corporation is a qualified personal service corporation. Includes within the definition of qualified personal service corporation a qualifying corporation substantially all of whose stock is held by certain former employees (thus permitting such corporation to use the cash method of accounting). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify that qualified personal service corporations may continue to use the cash method of accounting, and for other purposes."} | 1,330 | 80 | 0.529765 | 1.307943 | 0.881003 | 2.447761 | 18.41791 | 0.80597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shivwits Paiute Indian Band
Settlement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Santa Clara River, a tributary of the Virgin River,
flows through the reservation of the Shivwits Paiute Indian
Band.
(2) The Santa Clara River is subject to erratic flows and
in most years does not supply sufficient water to satisfy all
existing water rights. The annual flow of the Santa Clara River
is characterized by either low flows or extremely high flood
flows, with very few average water years.
(3) The Virgin River system is the subject of a Statutory
Adjudication of Water Rights pending in the Fifth Judicial
Court in and for Washington County, Utah (Civil No. 800507596).
(4) The United States has been joined as a party in the
Statutory Adjudication of Water Rights and has filed a water
users claim asserting a reserved water right claim on behalf of
the Shivwits.
(5) It is the official policy of the United States, in
fulfillment of its trust responsibility to Indian tribes, to
promote Indian self-determination and economic self-
sufficiency, and to settle the water rights claims of Indian
tribes to avoid lengthy and costly litigation.
(6) Any meaningful policy of Indian self-determination and
economic self-sufficiency requires the development of viable
Indian reservation economies.
(7) The quantification of water rights and the development
of water use and storage facilities is essential to the
development of viable Indian reservation economies,
particularly in arid western States.
(8) Recognizing that final resolution of pending Statutory
Adjudication litigation will take many years and entail great
expense to all parties, as well as prolong uncertainty as to
the availability of water supplies and impair the long-term
economic planning and development of all parties, the Shivwits,
the State of Utah and local water users have sought to settle
disputes over water and reduce the burdens of litigation.
(9) After more than 5 years of negotiation (which included
participation by representatives of the United States
Government), the Shivwits, the Washington County Water
Conservancy District, the State of Utah, the City of St.
George, the Towns of Ivins and Santa Clara and local water user
companies have entered into a Memorandum of Understanding
executed by the Shivwits Band on March 26, 1998, to resolve all
water rights claims between and among themselves, to quantify
the Shivwits' entitlement to water, and to provide for the
construction of water projects to facilitate the settlement of
all claims.
(10) Pursuant to the Memorandum of Understanding, the
Shivwits Band will receive a total of 4,000 acre-feet of water
from a combination of the Santa Clara drainage and the Virgin
River drainage which will be provided through the construction
of the Santa Clara Project and the St. George Water Reuse
Project (which are identified in the Memorandum of
Understanding).
(11) To advance the goals of Federal Indian policy and to
fulfill the trust responsibility of the United States to the
Shivwits Band, it is appropriate that the United States
participate in the implementation of the Settlement Agreement
and contribute funds for the construction of such project
facilities.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Utah'' means the State of Utah.
(3) The term ``Shivwits'' means the Shivwits Paiute Indian
Band, a constituent band of the Paiute Indian Tribe of Utah, a
federally recognized American Indian Tribe.
(4) The term ``District'' means the Washington County Water
Conservancy District.
(5) The term ``St. George'' means St. George City.
(6) The term ``Statutory Adjudication'' means the statutory
adjudication of water rights pending in Washington County,
Civil No. 800507596.
(7) The term ``MOU'' means the Memorandum of Understanding
executed by the Shivwits on March 26, 1998, to implement
construction, operation, and maintenance of the St. George
Water Reuse Project and the Santa Clara Project.
(8) The term ``St. George Water Reuse Project'' means the
St. George Water Reuse Project described in paragraph (2) of
the MOU.
(9) The term ``Santa Clara Project'' means the Santa Clara
Project as described in paragraph (1) of the MOU.
SEC. 4. PURPOSES.
The purposes of this Act are to--
(1) approve, ratify, and incorporate by reference the
Memorandum of Understanding between the Parties, and implement
the construction of the St. George Water Reuse Project and the
Santa Clara Project as provided for herein; and
(2) authorize the actions and appropriations necessary for
the United States to fulfill its obligations under this Act.
SEC. 5. ST. GEORGE WATER REUSE PROJECT.
(a) St. George Water Reuse Project.--The St. George Water Reuse
Project shall consist of water treatment facilities, a pipeline and
associated pumping and delivery facilities which will divert water from
the Wastewater Treatment Plant located near St. George, Utah and
transport this water for delivery and use in the Santa Clara River
Basin by St. George and the Shivwits. The St. George Water Reuse
Project shall be sized to deliver 2,000 acre-feet annually for use by
the Shivwits, which will be in addition to the water delivered to St.
George for its use. The Shivwits water shall be delivered by St. George
through the St. George Water Reuse Project facilities to the eastern
boundary of the Shivwits Reservation.
(b) Project Construction Operation and Maintenance.--St. George
shall be responsible for the engineering, construction, operation, and
maintenance of the St. George Water Reuse Project.
(c) Payment of Project Costs.--St. George and the Shivwits shall
each be responsible for their proportionate share of the construction,
operation, and maintenance costs of the St. George Water Reuse Project
based on the respective quantity of water delivered to St. George and
the Shivwits.
(1) Share.--St. George shall fund its proportionate share
of the construction, operation, and maintenance of the St.
George Water Reuse Project.
(2) Shivwits assistance for project.--In furtherance of the
settlement of the reserved water right claims of the Shivwits,
the Secretary shall make a grant in an amount equal to
$15,000,000 to St. George to cover the Shivwits' portion of the
construction, operation, and maintenance costs of the St.
George Water Reuse Project, on the condition that--
(A) the appropriate officials of St. George provide
assurances to the Secretary that St. George will carry
out the St. George Water Reuse Project and provide the
Shivwits with 2,000 acre-feet of water annually in a
manner consistent with the MOU;
(B) parties involved in the Santa Clara Project
agree that the Santa Clara Project will be carried out
and will provide the Shivwits up to an additional 1,900
acre-feet annually in a manner consistent with the MOU;
and
(C) the parties involved in the St. George Water
Reuse Project and the Santa Clara Project recognize an
additional 100 acre-feet annually of groundwater for
the Shivwits, as provided for in section 7(c) of this
Act.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of the Interior to provide
for the grant under paragraph (2), $15,000,000.
(d) St. George Water Reuse Project Agreement.--The parties,
including the Secretary shall implement the MOU and the construction of
the St. George Water Reuse Project by the execution of a St. George
Water Reuse Project Agreement consistent with the provisions of this
Act.
SEC. 6. SANTA CLARA PROJECT.
(a) Santa Clara Project.--The Santa Clara Project shall consist of
a pressurized irrigation pipeline from the existing Gunlock Reservoir
to the lower part of the Santa Clara River, along with main lateral
pipelines. The Santa Clara Project will result in the pooling of the
water rights of the Parties to the MOU, including the Shivwits. The
water users shall receive their irrigation water from the Santa Clara
Project based on a set delivery schedule. The water supply from the
Santa Clara River for irrigation purposes shall be supplemented by
groundwater provided by St. George and other water users and from the
modified operation of the Gunlock Reservoir. It is projected that in an
average or above average year, the Shivwits will receive 1,900 acre-
feet of water from the Santa Clara Project. In a below average year,
all users, including the Shivwits, shall have a proportionate reduction
in the quantity of water delivered.
(b) Project Funding.--The Utah Legislature and Congress have each
appropriated $750,000 toward the construction of the Santa Clara
Project. The District shall provide a grant of $750,000 for the
construction of the Santa Clara Project. The District shall also
provide funding for the project in excess of the grants. All
beneficiaries of the Santa Clara Project, except the Shivwits, shall
pay the District their pro rata share of costs advanced by the District
for the construction of the Project in excess of the Federal, State,
and District grants.
(c) Project Construction, Operation, and Maintenance.--The District
shall be responsible for the engineering, construction, operation, and
maintenance of the Santa Clara Project. An advisory committee,
including all of the parties to the MOU, will assist the District in
developing the final plan and budget for the Santa Clara Project, and
advise the District on related construction, operation, and maintenance
matters. All project beneficiaries, including the Shivwits, shall pay
their pro rata share of operation and maintenance costs.
(d) Santa Clara Project Agreement.--The parties, including the
Secretary, will implement the MOU and the construction of the Santa
Clara Project by the execution of a Santa Clara Project Agreement
consistent with the provisions of this Act.
SEC. 7. SHIVWITS WATER RIGHTS.
Subject to the provisions of this Act and the implementation of the
MOU through the execution of a St. George Water Reuse Project Agreement
and a Santa Clara Project Agreement and the construction of these 2
projects, the Shivwits' claim to water is hereby settled as follows:
(1) The Shivwits will receive a total of 1,900 acre-feet
annually from the Santa Clara River in an average and above
average year, and will have a proportionate reduction with
other Santa Clara Project water users in a below average year.
The 1,900 acre-feet provided for herein shall include the
500.60 acre-feet of water under Water Right Nos. 81-2313 and
81-2425 specified in the Proposed Determination of Water Rights
for the Santa Clara River-Beaver Dam Wash Division, Book No. 1
at Pages 199-200. The priority of the 1,900 acre-feet water
right provided for herein for the Shivwits shall be the same
priority as the other primary water users from the Santa Clara
River.
(2) The Shivwits will receive 2,000 acre-feet of water
annually from the St. George Water Reuse Project. St. George
and the Shivwits shall have an equal priority to the water
provided from the St. George Water Reuse Project.
(3) The Shivwits will also have the right to the
groundwater produced from existing wells located on the
reservation for 100 acre-feet of water annually. The priority
of the Shivwits groundwater right shall be 1916.
(4) The Shivwits water right, specified in paragraphs (1),
(2), and (3) above, includes all water rights of every nature
and description derived from the reserved water right doctrine
and State water rights from all sources, both surface and
underground, and includes all types and kinds of uses
whatsoever and encompasses all claims asserted by and through
the Shivwits and all persons and entities whose claims or
rights are derived from the Shivwits. The Shivwits' water
rights provided for herein shall be deemed to have the
characteristics of Federal reserved water rights and shall not
be subject to loss by abandonment or forfeiture for nonuse.
(5) The Shivwits may use the Shivwits Water Right for
either or both of the following:
(A) For any purpose anywhere on the Shivwits
Reservation.
(B) Off the Shivwits Reservation within the Virgin
River Drainage Basin in Washington County, Utah. The
Shivwits or the United States on behalf of the Shivwits
shall comply with the provisions of section 73-3-3,
Utah Code Annotated with regard to any change in point
of diversion, place, or nature of use off the Shivwits
Reservation. Any off reservation use of the Shivwits
Water Right shall also be in accordance with applicable
Federal law.
SEC. 8. INTERLOCUTORY DECREE.
Following the construction of the St. George Water Reuse Project
and the Santa Clara Project, the parties, including the Secretary,
shall cooperate in obtaining an interlocutory decree in the Statutory
Adjudication confirming the Shivwits' water right as provided for in
section 7.
SEC. 9. ADDITIONAL PROJECTS.
(a) Beaver Dam Wash Project.--The Shivwits shall have the right to
participate with the District in the development and construction of
the Beaver Dam Wash Project. The Shivwits will have the right to
receive up to 1,000 acre-feet of water annually from the Beaver Dam
Wash Project subject to the payment of their proportionate share of
construction, operation, maintenance, and repair costs.
(b) Other Projects and Purchases.--Nothing in this Act shall be
interpreted or construed to prevent the Shivwits from participating in
other water development projects, including the Lake Powell Pipeline
Project, or from purchasing additional water rights for their benefit
and use.
SEC. 10. ESTABLISHMENT OF TRUST FUND.
(a) Establishment of Trust Fund.--There is hereby established in
the Treasury a fund to be known as the Shivwits Band Resources
Development Trust Fund (in this section referred to as the ``Fund'').
(b) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $5,000,000 for deposit, in accordance with the
following schedule, in the Fund, to be expended by the Band for
any water resource development costs, including costs
associated with this settlement--
(A) $2,000,000 shall be deposited in the first
fiscal year which commences following the date of the
enactment of this Act;
(B) $2,000,000 during the fiscal year next
following the first fiscal year referred to in
subparagraph (A); and
(C) $1,000,000 during the fiscal year next
following the second fiscal year referred to in
subparagraph (B); and
(2) such amounts as are necessary, for expenditures by the
Secretary, to pay the Band's share of the construction,
operation, maintenance, and replacement costs for the Gunlock
Pipeline Project and the St. George Reuse Project.
(c) No Per Capita Payments.--No part of the principal of the fund,
or of the income accruing to such fund, or the revenue from any water
use subcontract, shall be distributed to any member of the Band on a
per capita basis.
SEC. 11. ENVIRONMENTAL COMPLIANCE.
(a) National Environmental Policy Act.--Execution of the St. George
Water Reuse Agreement and the construction of the St. George Water
Reuse Project shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) by
reason of the participation of the Shivwits or the Secretary in the St.
George Water Reuse Project. The Secretary shall comply with all other
aspects of the National Environmental Policy Act of 1969, the
Endangered Species Act, and other applicable environmental laws and
regulations in fulfilling the terms of the Santa Clara Project and the
St. George Water Reuse Project Agreements.
(b) Environmental Compliance.--There is hereby authorized to be
appropriated such sums as may be necessary to carry out all necessary
environmental compliance associated with this settlement, including
mitigation measures adopted by the Secretary. The Secretary shall pay
any additional environmental compliance costs associated with the St.
George Water Reuse Project and the Santa Clara Project by reason of the
Shivwits' involvement in these 2 projects.
(c) Bureau of Land Management.--With respect to this settlement,
the Bureau of Land Management shall be designated as the lead agency in
regard to environmental compliance, and shall coordinate and cooperate
with the other affected Federal agencies as required under applicable
environmental laws.
SEC. 12. MISCELLANEOUS PROVISIONS.
Nothing in the Settlement Agreement or this Act shall be construed
in any way to quantify or otherwise adversely affect the land and water
rights, claims, or entitlements to water of any Indian tribe, pueblo,
or community, other than the Shivwits Band. | Shivwits Paiute Indian Band Settlement Act - Directs that: (1) the St. George Water Reuse Project (as described in the Memorandum of Understanding executed by the Shivwits Paiute Indian Band on March 26, 1998, to implement construction, operation, and maintenance of that Project and the Santa Clara Project (MOU)) consist of water treatment facilities, a pipeline, and associated pumping and delivery facilities which will divert and transport water from the Wastewater Treatment Plant located near St. George, Utah, for delivery and use in the Santa Clara River Basin by St. George and the Shivwits; (2) the Project be sized to deliver 2,000 acre-feet annually for use by the Shivwits, in addition to the water delivered to St. George for its use; and (3) the Shivwits water be delivered by St. George through Project facilities to the eastern boundary of the Shivwits reservation.
Directs the Secretary of the Interior to make a grant of $15 million to St. George to cover the Shivwits' portion of such costs if specified conditions are met. Authorizes appropriations. Directs the parties, including the Secretary, to implement the MOU and the construction of the Project by the execution of an Agreement.
(Sec. 6) Directs that the Santa Clara Project consist of a pressurized irrigation pipeline from the existing Gunlock Reservoir to the lower part of the Santa Clara River, along with main lateral pipelines. Specifies that: (1) the Project will result in the pooling of the water rights of the parties to the MOU, including the Shivwits; (2) the water users shall receive their irrigation water from the Project based on a set delivery schedule; and (3) the water supply from the River for irrigation purposes shall be supplemented by groundwater provided by St. George and other water users and from the modified operation of the Reservoir.
Projects that in an average or above average year the Shivwits will receive 1,900 acre-feet of water from the Project. Directs that, in a below average year, all users, including the Shivwits, have a proportionate reduction in the quantity of water delivered.
Sets forth provisions regarding Project funding, construction, operation, and maintenance. Directs the parties, including the Secretary, to implement the MOU and the construction of the Project by the execution of an Agreement.
(Sec. 7) Settles the Shivwits' claim to water, subject to the provisions of this Act and the implementation of the MOU through the two Agreements and the construction of the two projects, as specified.
Directs that the Shivwits: (1) receive a total of 1,900 acre-feet annually from the Santa Clara River in an average and above average year, with a proportionate reduction with other Santa Clara Project water users in a below average year; (2) receive 2,000 acre-feet of water annually from the St. George Project, with St. George and Shivwits having equal priority to the water provided from the Project; and (3) have the right to the groundwater produced from existing wells located on the reservation for 100 acre-feet of water annually.
(Sec. 8) Directs the parties, including the Secretary, following construction of the Projects, to cooperate in obtaining an interlocutory decree in a pending statutory adjudication, confirming the Shivwits' water right as provided in section 7.
(Sec. 9) Grants the Shivwits the right to: (1) participate with the Washington County Water Conservancy District in the development and construction of the Beaver Dam Wash Project; and (2) receive up to 1,000 acre-feet of water annually from that Project subject to the payment of their proportionate share of construction, operation, maintenance, and repair costs.
(Sec. 10) Establishes in the Treasury the Shivwits Band Resources Development Trust Fund. Authorizes appropriations.
(Sec. 11) Sets forth environmental compliance requirements. Authorizes appropriations to carry out all necessary environmental compliance associated with this settlement. Designates the Bureau of Land Management as the lead agency for such environmental compliance. | {"src": "billsum_train", "title": "Shivwits Paiute Indian Band Settlement Act"} | 3,836 | 931 | 0.641925 | 2.608115 | 0.604616 | 5.59411 | 4.359795 | 0.948784 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``20/20 Biofuels Challenge Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Alternative fuel.--The term ``alternative fuel'' has
the meaning given the term in section 301 of the Energy Policy
Act of 1992 (42 U.S.C. 13211).
(3) Cellulosic biomass ethanol.--
(A) In general.--Subject to subparagraph (B), the
term ``cellulosic biomass ethanol'' means alternative
fuels and blending components for alternative fuels
that are derived from cellulosic biomass feedstocks and
remain substantially in the liquid phase at room
temperature and atmospheric pressure.
(B) Exception.--If a liquid alternative fuel
contains components that are not derived from
cellulosic biomass feedstocks, only the portion of any
such fuels or fuel blending components that is derived
from cellulosic biomass feedstocks shall be considered
applicable.
(4) Cellulosic biomass feedstock.--The term ``cellulosic
biomass feedstock'' means fuel derived from--
(A) any lignocellulosic or hemicellulosic matter
that is derived from organic material of a plant that
is planted for the purpose of producing energy (except
a plant produced on land enrolled in the conservation
reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.), if
harvesting the plant would be inconsistent with the
purposes of the program); or
(B) nonhazardous lignocellulosic or hemicellulosic
matter that is segregated from other waste materials
and is derived from--
(i) trees and other plant matter removed
from the immediate vicinity of homes, other
occupied structures, or essential community
infrastructure;
(ii) precommercial thinning, slash, or
brush (except thinning, slash, or brush from
old growth forests or publicly-owned roadless
areas);
(iii) an agricultural crop, a crop
byproduct, or a residue resource (except a
plant produced on land enrolled in the
conservation reserve program, if harvesting the
plant would be inconsistent with the purposes
of the program); or
(iv) miscellaneous waste (such as landscape
or right-of-way tree trimmings), not
including--
(I) recyclable postconsumer waste
paper, including such paper in
municipal solid waste;
(II) painted, treated, or
pressurized wood; or
(III) wood that is contaminated by
plastic or metal.
(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means
motor vehicle fuel that--
(i)(I) is produced from grain, starch,
oilseeds, or other biomass; or
(II) is natural gas produced from a biogas
source, including a landfill, sewage waste
treatment plant, feedlot, or other place where
decaying organic material is found; and
(ii) is used to replace or reduce the
quantity of fossil fuel present in a fuel
mixture used to operate a motor vehicle.
(B) Inclusion.--The term ``renewable fuel''
includes--
(i) biodiesel, as defined in section 312(f)
of the Energy Policy Act of 1992 (42 U.S.C.
13220(f));
(ii) cellulosic biomass ethanol;
(iii) waste derived ethanol; and
(iv) any blending components derived from
renewable fuel, except that only the renewable
fuel portion of any such blending component
shall be considered part of the applicable
volume under the renewable fuel program
established by this Act.
(6) Waste derived ethanol.--The term ``waste derived
ethanol'' means ethanol derived from--
(A) animal wastes, including poultry fats and
poultry wastes, and other waste materials; or
(B) municipal solid waste.
SEC. 3. RENEWABLE FUEL STANDARD.
(a) Renewable Fuel Program.--
(1) In general.--
(A) Regulations.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
promulgate regulations ensuring that motor vehicle fuel
sold or dispensed to consumers in the contiguous United
States, on an annual average basis, contains the
applicable volume of renewable fuel specified in
subsection (b).
(B) Compliance.--Regardless of the date of
promulgation, the regulations shall contain compliance
provisions for refiners, blenders, and importers, as
appropriate, to ensure that the requirements of this
subsection are met, unless the Administrator determines
compliance will violate the Clean Air Act (42 U.S.C.
7401 et seq.).
(b) Applicable Volume.--
(1) Calendar years 2006 through 2020.--For the purpose of
subsection (a), the applicable volume for each of calendar
years 2006 through 2020 shall be determined in accordance with
the following table:
Calendar year: (In billions of gallons):
2006............................ 4
2008............................ 5
2010............................ 7
2010............................ 9
2014............................ 12
2016............................ 15
2018............................ 18
2020............................ 20.
(2) Calendar years 2020 and thereafter.--For the purpose of
subsection (a), the applicable volume for calendar year 2020
and each calendar year thereafter shall be no less than
20,000,000,000 gallons annually.
(3) Equivalency.--For the purpose of paragraph (2), 1
gallon of either cellulosic biomass ethanol shall be considered
to be the equivalent of 3.5 gallons of renewable fuel.
SEC. 4. STIMULATION OF BIODIESEL PRODUCTION.
Sections 40A(e), 6426(c)(6), and 6427(e)(4)(B) of the Internal
Revenue Code of 1986 (as amended by section 1344 of the Energy Policy
Act of 2005(a)) are each amended by striking ``2008'' and inserting
``2010''.
SEC. 5. FULL FUEL FLEXIBILITY REQUIREMENT.
(a) In General.--Chapter 329 of title 49, United States Code, is
amended by inserting after section 32902 the following:
``SEC. 32902A. REQUIREMENT TO EQUIP GASOLINE AND DIESEL POWERED
VEHICLES TO USE ALTERNATIVE BIOFUELS.
``(a) Definitions.--In this section:
``(1) Flexible fuel mixture.--The term `flexible fuel
mixture' means--
``(A) any mixture of ethanol with gasoline for a
gasoline powered vehicle; or
``(B) any mixture of biodiesel by volume with
fossil-based diesel fuel for a diesel powered vehicle.
``(2) Vehicle.--The term `vehicle' includes--
``(A) a passenger automobile;
``(B) an automobile capable of off-highway
operation as defined in section 523.5 of title 49, Code
of Federal Regulations (or any successor regulation);
``(C) a light truck, as defined in section 523.5 of
title 49, Code of Federal Regulations (or any successor
regulation);
``(D) a heavy vehicle, including trucks used for
shipping; and
``(E) a large farm implement that operates on
either gasoline or diesel fuels.
``(3) Water transportation.--
``(A) In general.--The term `water transportation'
includes those vehicles used primarily in the
transportation of people, goods, and services over
significant distances and includes--
``(i) public and commercial waterborne
ferrys; and
``(ii) barges whose primary use is the
transport of goods and services related to
interstate and international commerce.
``(B) Exclusion.--The term `water transportation'
does not include watercraft the primary use of which is
for personal recreational benefit.
``(b) Requirement.--Personal and commercial land and water
transportation and shipping vehicles and vessels and large farm
equipment manufactured after model year 2010 and capable of operating
on either gasoline or diesel fuel shall also be capable of operating on
a flexible fuel mixture.
``(c) Consumer Information.--The Secretary of Transportation shall
prescribe regulations that require the vehicle or vessel manufacturer--
``(1) to prominently display a permanent badge or emblem on
the vehicle indicating the vehicle is capable of operating on a
flexible fuel mixture; and
``(2) to include in the owner's manual of each vehicle
information describing--
``(A) the capability of the engine to operate using
a flexible fuel mixture; and
``(B) the benefits of using a flexible fuel
mixture, including the renewable nature, the increased
fuel efficiency, and the environmental benefits of
using flexible fuels.''.
(b) Conforming Amendment.--The chapter analysis for chapter 329 of
title 49, United States Code, is amended by inserting after the item
relating to section 32902 the following:
``32902A. Requirement to equip gasoline and diesel powered vehicles to
use alternative biofuels.''.
SEC. 6. FEEDSTOCK DIVERSIFICATION.
(a) Crop Diversification.--
(1) In general.--The Secretary of Agriculture shall support
development of cellulosic feedstock by directing that erosion
preventing, renewable fuel producing crops (including
switchgrass and short rotation woody crops) be grown, where
possible, on the 35,000,000 acres of arable land in the
conservation reserve program established under subchapter B of
chapter 1 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3831 et seq.).
(2) Study.--The Secretary of Agriculture shall conduct a
study to determine the impact of producing crops necessary for
annual biofuel production levels of 20,000,000,000 gallons on
land and on the cost and production of food, forest products,
and livestock feed.
(b) Research and Development.--
(1) Department of agriculture.--
(A) Cellulosic-based ethanol feedstock.--
(i) In general.--The Secretary of
Agriculture (referred to in this paragraph as
the ``Secretary'') shall carry out an
integrated 10-year research program to improve
crop productivity and cost for cellulosic-based
ethanol feedstock.
(ii) Plan.--Not later than September 30,
2006, the Secretary shall submit to Congress a
10-year technology roadmap and comprehensive 5-
year research and development plan that
includes--
(I) a description of ongoing work
within the Department of Agriculture
and other Federal agencies;
(II) recommendations for
acceleration of current work considered
to support the plan; and
(III) a description of new work
necessary to accomplish plan goals and
objectives.
(iii) Annual report.--Beginning on
September 30, 2008, and not later than
September 30 of each subsequent year, the
Secretary shall submit to Congress a report
that--
(I) summarizes accomplishments and
progress made in the 5-year plan; and
(II) describes any revisions to the
plan or the technology roadmap.
(B) Biodiesel feedstock.--
(i) In general.--The Secretary shall carry
out an integrated 10-year research program to
improve crop diversity, productivity, and cost
for biodiesel feedstock.
(ii) Plan.--Not later than September 30,
2006, the Secretary shall submit to Congress a
10-year technology roadmap and comprehensive 5-
year research and development plan that
includes--
(I) a description of regional
feedstocks enabling near market
production of biodiesel;
(II) a description of ongoing work
within the Department of Agriculture
and other Federal agencies;
(III) recommendations for
acceleration of current work considered
to support the plan; and
(IV) a description of new work
necessary to accomplish plan goals and
objectives.
(iii) Annual report.--Beginning on
September 30, 2008, and not later than
September 30 of each subsequent year, the
Secretary shall submit to Congress a report
that--
(I) summarizes accomplishments and
progress made in the 5-year plan; and
(II) describes any revisions to the
plan or the technology roadmap.
(2) Department of energy.--
(A) Cellulosic feedstock.--
(i) In general.--The Secretary of Energy
(referred to in this paragraph as the
``Secretary'') shall carry out an 8-year
research and development plan to significantly
improve processes for converting cellulosic
feedstock into ethanol production.
(ii) Plan.--Not later than September 30,
2006, the Secretary shall submit to Congress a
report describing the plan.
(iii) Annual report.--Beginning on
September 30, 2008, and not later than
September 30 of each subsequent year, the
Secretary shall submit to Congress a report
that--
(I) summarizes accomplishments and
progress made in the 8-year plan; and
(II) describes any revisions to the
plan or the technology roadmap.
(B) Biodiesel feedstock.--
(i) In general.--The Secretary shall carry
out an 8-year research and development plan to
significantly improve processes for converting
biodiesel feedstock into biodiesel fuel.
(ii) Plan.--Not later than September 30,
2006, the Secretary shall submit to Congress a
report describing the plan.
(iii) Annual report.--Beginning on
September 30, 2008, and not later than
September 30 of each subsequent year, the
Secretary shall submit to Congress a report
that--
(I) summarizes accomplishments and
progress made in the 8-year plan; and
(II) describes any revisions to the
plan or the technology roadmap.
(3) Authorization of appropriations.--There are authorized
to be appropriated to carry out each of subparagraphs (A) and
(B) of paragraph (1) and each of subparagraphs (A) and (B) of
paragraph (2) $50,000,000 for each of fiscal years 2006 through
2010. | 20/20 Biofuels Challenge Act of 2005 - Directs the Administrator of the Environmental Protection Agency to promulgate regulations ensuring that motor vehicle fuel sold or dispensed to consumers in the contiguous United States, on an annual average basis, contains specified volumes of renewable fuel for calendar years 2006-2020.
Amends federal transportation law to require that personal and commercial land and water transportation and shipping vehicles and vessels, as well as large farm equipment manufactured after model year 2010, and capable of operating on either gasoline or diesel fuel, also be capable of operating on a flexible fuel mixture.
Directs the Secretary of Transportation to prescribe regulations requiring a vehicle or vessel manufacturer to include certain consumer information concerning a vehicle's capability of operating on a flexible fuel mixture (alternative biofuels).
Directs the Secretary of Agriculture to: (1) support development of cellulosic feedstock by directing that erosion-preventing, renewable fuel-producing crops be grown on certain arable land in a specified conservation reserve program established under the Food Security Act of 1985; and (2) implement an integrated 10-year research program to improve crop productivity and cost for cellulosic-based ethanol and biodiesel feedstock.
Instructs the Secretary of Energy to implement an eight-year research and development plan to improve significantly processes for converting: (1) cellulosic feedstock into ethanol production; and (2) biodiesel feedstock into biodiesel fuel. | {"src": "billsum_train", "title": "A bill to increase the production and use of biofuels and diversify biofuel feedstock as key elements to achieving energy independence for the United States."} | 3,197 | 309 | 0.517902 | 1.450917 | 0.673811 | 3.912548 | 10.48289 | 0.946768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Tax Fairness and Small
Insurance Company Economic Growth Act of 1995''.
SEC. 2. REVISION OF LIMITATION ON DEDUCTION OF POLICYHOLDER DIVIDENDS
BY MUTUAL LIFE INSURANCE COMPANIES.
(a) In General.--Paragraph (2) of section 808(c) of the Internal
Revenue Code of 1986 (relating to reduction in case of mutual
companies) is amended to read as follows:
``(2) Limitation in case of mutual companies.--
``(A) In general.--In the case of a mutual life
insurance company, the amount allowed as a deduction
under paragraph (1) for any taxable year shall not
exceed the lesser of--
``(i) 90 percent of the policyholder
dividends paid or accrued by such company
during such taxable year, or
``(ii) 30 percent of the life insurance
company taxable income of such company for such
taxable year (determined without regard to any
deduction for policyholder dividends).
In no event shall the limitation under this
subparagraph for any taxable year be less than
$35,000,000.
``(B) Treatment of stock companies owned by mutual
life insurance companies.--Solely for purposes of this
paragraph, a stock life insurance company shall be
treated as a mutual life insurance company if stock
possessing--
``(i) at least 80 percent of the total
combined voting power of all classes of stock
of such stock life insurance company entitled
to vote, or
``(ii) at least 80 percent of the total
value of shares of all classes of stock of such
stock life insurance company,
is owned at any time during the calendar year directly
(or through the application of section 318) by one or
more mutual life insurance companies).''.
(b) Repeal of Section 809.--
(1) Section 809 of such Code is hereby repealed.
(2) Subparagraph (B) of section 807(a)(2) of such Code is
amended to read as follows:
``(B) the amount of the policyholders' share of
tax-exempt interest,''.
(3) Subparagraph (B) of section 807(b)(1) of such Code is
amended to read as follows:
``(B) the amount of the policyholders' share of
tax-exempt interest,''.
(4) Subparagraph (A) of section 812(b)(3) of such Code is
amended by striking ``sections 808 and 809'' and inserting
``section 808''.
(5) Subsection (c) of section 817 of such Code is amended
by striking ``(other than section 809)''.
(6) Subsection (c) of section 842 of such Code is amended
by striking paragraph (3) and by redesignating paragraph (4) as
paragraph (3).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1994.
(2) Recomputation under section 809(f) not affected.--The
amendments made by this section shall not affect the
application of section 809(f) of the Internal Revenue Code of
1986 (as in effect before its repeal by subsection (b)) in
respect of any taxable year beginning before January 1, 1995.
(3) Limitation on loss carrybacks.--In the case of a life
insurance company subject to the limitation under section
808(b)(2) of such Code, no capital loss arising in a taxable
year beginning after December 31, 1994, may be carried to a
taxable year beginning before January 1, 1995.
SEC. 3. SMALL LIFE INSURANCE COMPANIES EXEMPT FROM REQUIRED
CAPITALIZATION OF CERTAIN POLICY ACQUISITION EXPENSES.
Section 848 of the Internal Revenue Code of 1986 (relating to
capitalization of certain policy acquisition expenses) is amended by
adding at the end the following new subsection:
``(k) Exemption for Small Life Insurance Companies.--This section
shall not require any small life insurance company (as defined in
section 806) to capitalize any specified policy acquisition expenses
for any taxable year beginning after December 31, 1994.''.
SEC. 4. SENSE OF CONGRESS RELATING TO USE OF INCREASED REVENUES.
It is the sense of the Congress that any increase in revenues to
the Treasury resulting from the amendments made by this Act shall be
dedicated to the funding of--
(1) deficit reduction,
(2) tax incentives for the economic growth of small life
insurance companies, and
(3) programs benefiting the nutrition, early education,
housing, and family support of the Nation's children. | Insurance Tax Fairness and Small Insurance Company Economic Growth Act of 1995 - Amends the Internal Revenue Code to revise the method for determining the limitation on the deduction of policyholder dividends by mutual life insurance companies.
Exempts small life insurance companies from the required capitalization of certain policy acquisition expenses.
Expresses the sense of the Congress that revenues resulting from this Act shall be dedicated to the funding of: (1) deficit reduction; (2) tax incentives for the economic growth of small life insurance companies; and (3) programs benefiting the nutrition, early education, housing, and family support of the Nation's children. | {"src": "billsum_train", "title": "Insurance Tax Fairness and Small Insurance Company Economic Growth Act of 1995"} | 1,051 | 129 | 0.498009 | 1.246484 | 0.596835 | 5.958333 | 7.891667 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility for Individual
Excellence in Education Act of 2007''.
SEC. 2. MODIFICATION TO AMENDMENTS MADE BY NO CHILD LEFT BEHIND ACT OF
2001.
(a) Modifications to Highly Qualified Teacher Standard.--
(1) Middle or secondary teachers new to profession may use
college minor.--Subclause (II) of section 9101(23)(B)(ii) of
the Elementary and Secondary School Act of 1965 (20 U.S.C.
7801(23)(B)(ii)) is amended by inserting ``or minor'' after
``academic major''.
(2) Extent time teaching is considered.--Subclause (V) of
section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii))
is amended by striking ``not be based primarily on'' and
inserting ``not be based solely on''.
(b) Extension Until 2011-12 School Year for Rural Schools To Meet
All Highly Qualified Teacher Standards; Additional $50 Million
Authorized To Help Rural Schools Meet Standards.--
(1) Extension.--Subsection (a) of section 1119 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319)
is amended by adding at the end the following new paragraph:
``(4) Rural school districts.--
``(A) In general.--Notwithstanding the deadline
described in paragraphs (2) and (3), a plan developed
by a State educational agency or a local educational
agency under this subsection shall ensure that all
teachers who are described in such paragraphs, but are
teaching in a rural school district, are highly
qualified not later than the end of the 2011-2012
school year.
``(B) Definition.--For purposes of this paragraph,
the term `rural school district' means a local
educational agency that--
``(i) meets the eligibility criteria
described in section 6211(b), including by
obtaining a waiver under paragraph (2) of such
section; and
``(ii) employs a percentage of teachers who
are not highly qualified that is higher than
the corresponding percentage for the State
involved.''.
(2) Additional funding.--Section 6234 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended--
(A) by striking ``There are'' and inserting ``(a)
In General.--There are''; and
(B) by adding at the end the following new
subsection:
``(b) Additional Funding.--For the purpose of making grants under
subpart 2 to be used for teacher recruitment, retention, and
professional development activities described in section 6222(a) in
rural school districts (as defined in section 1119(a)(4)), there are
authorized to be appropriated $50,000,000 for fiscal year 2008 and such
sums as may be necessary for each of the 4 following fiscal years. Such
authorization shall be in addition to the authorization in subsection
(a).''.
(c) Highly Qualified Teacher Rules Limited to Teachers of Core
Subjects.--
(1) Title I of the Elementary and Secondary Education Act
of 1965 is amended by adding at the end the following new
section:
``SEC. 1005. HIGHLY QUALIFIED TEACHER CONCEPT LIMITED TO TEACHERS OF
CORE SUBJECTS.
``Notwithstanding any other provision of this Act, any reference in
this Act to highly qualified teachers shall be deemed to refer only to
teachers in core subjects.''.
(2) The table of contents of such Act is amended by
inserting after the item relating to section 1004 the following
new item:
``Sec. 1005. Highly qualified teacher concept limited to teachers of
core subjects.''.
(d) Students With Disabilities Assessed at the Level of Instruction
in Compliance With Their Individualized Education Plan.--Clause (ix) of
section 1111(b)(3)(C) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(3)(C)) is amended by striking ``and'' at the
end of subclause (II), by adding ``and'' at the end of subclause (III),
and by adding at the end the following new subclause:
``(IV) at the discretion of the
State, the assessment of students with
disabilities (as defined in section
602(3) of the Individuals with
Disabilities Education Act) whose
instructional level in the core
academic subjects is below the grade
level in which the student is enrolled,
by using the State assessment
determined by the student's
individualized education program team
(as described in section 614(d)(1)(B)
of such Act) to most closely correspond
to the student's instructional
level;''.
(e) Use of Growth Models and Multiple Measures in Determining
Adequate Yearly Progress.--
(1) Growth models.--Clause (iii) of section 1111(b)(2)(C)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(C)) is amended by striking ``for all
students'' and inserting ``for all students, as demonstrated by
measures of students' progress toward proficiency, including
longitudinal growth''.
(2) Multiple measures.--Subparagraph (A) of section
1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``; and'', and by adding at the end
the following new clause:
``(iv) include multiple measures of student
academic achievement, such as the proportion of
State report card indicators met, a performance
index score, student drop-out rate, and a
measure based on individual student achievement
gains over time, disaggregated by each of the
groups of students described in subparagraph
(C)(v).''.
(f) Adequate Yearly Progress Determined by Group and Subject.--
(1) Identification of schools in need of improvement.--
(A) Subparagraph (A) of section 1116(b)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6316(b)(1)) is amended by striking ``that
fails'' and inserting ``if the same group of students
described in section 1111(b)(2)(C)(v) fails in the same
academic subject''.
(B) Subparagraph (C) of such section is amended by
striking ``almost every student in each group specified
in section 1111(b)(2)(C)(v) enrolled in such school is
meeting or exceeding the State's proficient level of
academic achievement'' and inserting ``almost every
student in each group enrolled in such school for which
there is such a failure in an academic subject is
meeting or exceeding the State's proficient level of
academic achievement in such subject''.
(2) Failure to make adequate yearly progress during first
year after identification.--So much of the text of paragraph
(5) of section 1116(b) of such Act as precedes subparagraph (A)
is amended to read as follows: ``If, by the end of the first
full school year after identification under paragraph (1) of a
school served under this part, any group of students that met
the requirements for such identification in an academic subject
fails to make adequate yearly progress in such subject, as set
out in the State's plan under section 1111(b)(2), the local
educational agency serving such school--''.
(3) Failure to make adequate yearly progress during second
year after identification.--So much of the text of subparagraph
(C) of section 1116(b)(7) of such Act as precedes clause (i) is
amended to read as follows: ``If, by the end of the second full
school year after identification under paragraph (1) of a
school served under this part, any group of students that met
the requirements for such identification in an academic subject
fails to make adequate yearly progress in such subject, as set
out in the State's plan under section 1111(b)(2), the local
educational agency shall--''.
(4) Failure to make adequate yearly progress during first
year after corrective action.--So much of the text of
subparagraph (A) of section 1116(b)(8) of such Act as precedes
clause (i) is amended to read as follows: ``If, after 1 full
year of corrective action under paragraph (7), any group of
students (at the school subject to such corrective action) that
met the requirements for identification under paragraph (1) in
an academic subject continues to fail to make adequate yearly
progress in such subject, then the local educational agency
shall--''.
(g) Needs Improvement Label To Be Group and Subject Specific.--
Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at
the end the following new sentence: ``Such identification shall apply
only to each group and subject with respect to which there is such a
failure.''
(h) Parental Notification of Needs Improvement To Be Group and
Subject Specific.--Paragraph (6) of section 1116(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by
striking ``of each student enrolled in an elementary school or a
secondary school identified for school improvement under paragraph
(1)'' and inserting ``of each student in each group of students that
met the requirements for identification in an academic subject under
paragraph (1)''.
(i) Transfer Option and Supplemental Services Limited to Students
From Failing Groups.--
(1) Clause (i) of section 1116(b)(1)(E) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E))
is amended by inserting ``in each group described in section
1111(b)(2)(C)(v) that met the requirements for such
identification'' after ``all students''.
(2) Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section
1116(b) of such Act are each amended by inserting ``in such
group'' after ``all students''.
(j) Local Educational Agencies May Choose To Offer Supplemental
Educational Services, and Not Public School Choice, on Initial Failure
To Make Adequate Yearly Progress.--
(1) In general.--Subparagraph (E) of section 1116(b)(1) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6316(b)(1)) is amended to read as follows:
``(E) Public school choice or supplemental
educational services.--In the case of a school
identified for school improvement under this paragraph,
the local educational agency shall, not later than the
first day of the school year following such
identification--
``(i) provide all students in each group
described in section 1111(b)(2)(C)(v) that met
the requirements for such identification (and
who are enrolled in the school) with the option
to transfer to another public school served by
the local educational agency, which may include
a public charter school, that has not been
identified for school improvement under this
paragraph, unless such an option is prohibited
by State law, or
``(ii) make supplemental educational
services available consistent with subsection
(e)(1) to students in such group in the
academic subject to which such identification
relates.
If more than 1 school served by such agency is
identified for school improvement under this paragraph
or more than 1 group of students meets the requirements
for such identification, such agency shall make the
same choice under clause (i) or (ii) for all such
schools and all such groups.''.
(2) Conforming amendment.--Paragraph (5) of section 1116(b)
of such Act is amended to read as follows:
``(5) Failure to make adequate yearly progress after
identification.--If, by the end of the first full school year
after identification under paragraph (1) of a school served
under this part, any group of students that met the
requirements for such identification in an academic subject
fails to make adequate yearly progress in such subject, as set
out in the State's plan under section 1111(b)(2), the local
educational agency serving such school--
``(A) shall continue to provide the transfer option
under clause (i) of paragraph (1)(E) or to make the
supplemental educational services available under
clause (ii) of such paragraph, whichever was chosen by
such agency,
``(B) shall provide the transfer option under such
clause (i) or to make the supplemental educational
services available under such clause (ii), whichever
was not chosen by such agency under such paragraph; and
``(C) shall continue to provide technical
assistance.''. | Flexibility for Individual Excellence in Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to alter the requirement that teachers be highly qualified by: (1) applying it only to teachers of core subjects; (2) allowing new middle or secondary school teachers to teach subjects for which they earned a college minor; (3) allowing greater consideration to be given to the time experienced teachers have spent teaching a subject; and (4) extending the deadline for rural teachers to meet such requirements.
Provides additional funding for rural teacher recruitment, retention, and professional development activities.
Allows state determinations of students' adequate yearly progress (AYP) toward state academic performance standards to: (1) assess disabled students at the instructional level most closely corresponding to their individualized education plans; and (2) use growth models and multiple measures of student achievement.
Requires local educational agencies (LEAs) to identify schools as needing improvement, corrective action, or restructuring only if they fail to make AYP in the same subject for the same group of students over the requisite period of time. Provides school transfers and supplemental services to students in the failing group, rather than to all students in an affected school. Gives LEAs the option of providing such students with supplemental services rather than transfers for the year following a school's identification as needing improvement. | {"src": "billsum_train", "title": "To modify certain amendments made by the No Child Left Behind Act of 2001."} | 2,925 | 283 | 0.535671 | 1.418687 | 0.781563 | 2.057692 | 9.834615 | 0.834615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Receivership
Accountability Act of 2000''.
SEC. 2. SPECIAL RULES APPLICABLE TO RECEIVERS WITH RESPONSIBILITIES
OVER DISTRICT OF COLUMBIA GOVERNMENT.
(a) In General.--Each District of Columbia receiver shall be
subject to the requirements described in section 3.
(b) District of Columbia Receiver Defined.--In this Act, a
``District of Columbia receiver'' is any receiver or other official who
is first appointed by the United States District Court for the District
of Columbia or the Superior Court of the District of Columbia during
1995 or any succeeding year to administer any department, agency, or
office of the government of the District of Columbia.
SEC. 3. REQUIREMENTS DESCRIBED.
(a) Promoting Financial Stability and Management Efficiency.--Each
District of Columbia receiver who is responsible for the administration
of a department, agency, or office of the government of the District of
Columbia shall carry out the administration of such department, agency,
or office through practices which promote the financial stability and
management efficiency of the government of the District of Columbia.
(b) Cost Control.--Each District of Columbia receiver who is
responsible for the administration of a department, agency, or office
of the government of the District of Columbia shall ensure that the
costs incurred in the administration of such department, agency, or
office (including personnel costs of the receiver) are consistent with
applicable regional and national standards.
(c) Use of Practices to Promote Efficient and Cost-Effective
Administration.--Each District of Columbia receiver who is responsible
for the administration of a department, agency, or office of the
government of the District of Columbia shall carry out the
administration of such department, agency, or office through the
application of generally accepted accounting principles and generally
accepted fiscal management practices.
(d) Preparation and Submission of Budget.--
(1) Consultation with mayor and chief financial officer.--In
preparing the annual budget for a fiscal year for the department,
agency, or office of the government of the District of Columbia
administered by the receiver, each District of Columbia receiver
shall consult with the Mayor and Chief Financial Officer of the
District of Columbia.
(2) Submission of estimates.--After the consultation required
under paragraph (1), the receiver shall prepare and submit to the
Mayor, for inclusion in the annual budget of the District of
Columbia for the year, the receiver's estimates of the expenditures
and appropriations necessary for the maintenance and operation of
the department, agency, or office for the year.
(3) Treatment by mayor and council.--The estimates submitted
under paragraph (2) shall be forwarded by the Mayor to the Council
for its action pursuant to sections 446 and 603(c) of the District
of Columbia Home Rule Act, without revision but subject to the
Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, the Council may comment or make
recommendations concerning such estimates but shall have no
authority under such Act to revise such estimates.
(4) Exceptions.--This subsection shall not apply with respect
to--
(A) any department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver for which, under the terms of the receiver's
appointment by the court involved, the Mayor and the Council
may revise the annual budget; or
(B) the District of Columbia Housing Authority receiver
appointed during 1995.
(5) Effective date.--This subsection shall apply with respect
to fiscal year 2001 and each succeeding fiscal year.
(e) Annual Fiscal, Management, and Program Audit.--
(1) In general.--An annual fiscal, management, and program
audit of each department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver shall be conducted by an independent auditor selected
jointly by the receiver involved (or the receiver's designee) and
the Mayor (or the Mayor's designee), and each District of Columbia
receiver shall provide the auditor with such information and
assistance as the auditor may require to conduct such audit.
(2) Exceptions.--Paragraph (1) shall not apply with respect
to--
(A) any department, agency, or office of the government of
the District of Columbia administered by a District of Columbia
receiver for which, under the terms of the receiver's
appointment by the court involved, audits are conducted by an
auditor selected jointly by the parties to the action under
which the receiver was appointed; or
(B) the District of Columbia Housing Authority receiver
appointed during 1995.
(f) Procurement.--
(1) In general.--In carrying out procurement on behalf of the
department, agency, or office of the government of the District of
Columbia administered by the receiver, each District of Columbia
receiver--
(A) shall obtain full and open competition through the use
of competitive procedures; and
(B) shall use the competitive procedure or combination of
competitive procedures which is best suited under the
circumstances of the procurement.
(2) Exceptions.--
(A) Alternative methods for certain procurement.--
Notwithstanding paragraph (1), a District of Columbia receiver
may use alternative methods to carry out procurement if--
(i) the amount involved is nominal;
(ii) the public exigencies require the immediate
delivery of the articles or performance of the service
involved;
(iii) the receiver certifies that only one source of
supply is available; or
(iv) the services involved are required to be performed
by the contractor in person and are of a technical and
professional nature or are performed under the receiver's
supervision and paid for on a time basis.
(B) Housing authority.--Paragraph (1) shall not apply with
respect to the District of Columbia Housing Authority receiver
appointed during 1995.
SEC. 4. CLARIFICATION OF APPLICABILITY OF ANTI-DEFICIENCY ACT.
Nothing in subchapter III of chapter 13 of title 31, United States
Code, may be construed to waive the application of the provisions of
such subchapter which apply to officers or employees of the District of
Columbia government to any District of Columbia receiver.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Mayor and the D.C. Council to make revisions to such estimates if, under the terms of the receiver's appointment by the court involved, the Mayor and the Council are authorized to do so, or if the estimates were proposed by the District Housing Authority receiver appointed during 1995.
Requires: (1) an independent auditor, selected jointly by the receiver involved and the Mayor, to conduct an annual fiscal, management, and program audit of each District department, agency, or office administered by a receiver (unless, under the terms of the receiver's appointment by the court involved, audits are conducted by an auditor selected jointly by the parties to the action under which the receiver was appointed or the receiver is the District Housing Authority receiver appointed during 1995); and (2) the receiver to carry out procurement on behalf of such entities by obtaining full and open competition through the use of competitive procedures, with the exception that alternative methods may be used under specified conditions.
Applies, with respect to District receivers, provisions of the Anti-Deficiency Act which limit expenditure and obligation amounts. | {"src": "billsum_train", "title": "District of Columbia Receivership Accountability Act of 2000"} | 1,364 | 227 | 0.646209 | 1.921677 | 0.708505 | 4.21028 | 5.957944 | 0.883178 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Excellence Recognition
Act of 1993''.
SEC. 2. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD AND THE NATIONAL
ENVIRONMENTALLY SOUND TECHNOLOGY AWARD.
(a) Findings.--The Congress finds the following:
(1) Award programs such as the Malcolm Baldrige National
Quality Award Program have made substantial contributions to
private enterprise by providing a framework upon which
organizations can improve their operations and by focusing on
issues important to their competitiveness.
(2) A President's Total Environmental Quality Award Program
modeled on the Malcolm Baldrige Award Program would contribute
to environmental quality and sustainable economic development
by--
(A) helping to stimulate United States companies to
develop and deploy environmental technologies;
(B) recognizing the achievements of such companies
which successfully develop and deploy environmental
technologies; and
(C) establishing guidelines and criteria that can
be used by business, industrial, governmental, and
other organizations in evaluating their own development
and deployment of environmental technologies.
(b) Purpose.--It is the purpose of this section to provide for the
establishment and conduct of a President's Total Environmental Quality
Award Program and a National Environmentally Sound Technology Award
Program under which awards are given to recognize the successful
development and deployment of environmental technologies and under
which information is disseminated about such success.
(c) Establishment of Awards.--The Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by inserting
after section 23 the following new sections:
``SEC. 24. PRESIDENT'S TOTAL ENVIRONMENTAL QUALITY AWARD.
``(a) Establishment.--There is hereby established the President's
Total Environmental Quality Award (in this section referred to as the
`Award').
``(b) Design.--The Award shall be evidenced by a medal bearing the
inscription `President's Total Environmental Quality Award'.
``(c) Award Selection Process.--The Secretary, in cooperation with
the Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall establish a process for the acceptance and
evaluation of Award applicants. The Secretary shall, to the maximum
extent practicable, use the same procedures and facilities provided for
the administration of the Malcolm Baldrige Award, including the
definition of award categories, the delegation of responsibilities, and
provisions for publicity, evaluation feed-back, and information
transfer.
``(d) Presentation of award.--
``(1) Recommendations by secretary.--The Secretary shall
submit to the President the recommendations of the Secretary
for the selection of Award applicants.
``(2) Selection by the president.--On the basis of
recommendations received under paragraph (1), the President
shall periodically select for receipt of the Award United
States companies and other organizations which in the judgment
of the President have substantially benefited the
environmental, economic, and social well-being of the United
States through the development and deployment of environmental
technologies, and which as a consequence are deserving of
special recognition.
``(3) Presentation ceremony.--The President or the Vice
President shall present the Award to recipients selected under
paragraph (2) with such ceremony as the President or the Vice
President considers to be appropriate.
``(e) Limitation.--The information gathered in evaluating Award
applications may be used only for the evaluation of such applications
and for publicity by winners of the Award. Such information may not be
used for regulatory or compliance purposes.
``(f) Evaluation Criteria.--Criteria for evaluating Award
applications shall include the following:
``(1) The effectiveness of the organization's development
and deployment of environmental technologies, as well as the
organization's provision for environmental technologies in its
future plans.
``(2) The effectiveness of energy and materials use from
the perspective of the life cycle of the production, use,
recycle, and disposal of a product.
``(3) The effective use of an integrated approach to
pollution prevention and control that considers all
environmental media (liquid, solid, gaseous).
``(g) Funding.--The Secretary may seek and accept gifts from public
and private sources to carry out this section. The Secretary may
provide for the imposition of a fee upon the organizations applying for
the Award.
``(h) Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit to the President and
the Congress a report on the progress made in carrying out this
section. The report shall include any recommendations of the Secretary
for any modifications of the Award the Secretary considers necessary.
``SEC. 25. NATIONAL ENVIRONMENTALLY SOUND TECHNOLOGY AWARD.
``(a) Establishment.--There is established a National
Environmentally Sound Technology Award for the purpose of awarding
individuals who have pioneered the development and use of a highly
innovative environmental technology.
``(b) Administration.--Using the authority and procedures
established in section 24 and subject to the conditions described in
this section, the Secretary, in cooperation with the Administrator of
the Environmental Protection Agency and the Secretary of Energy, shall
receive and evaluate applications for the National Environmentally
Sound Technology Award and provide for presentation of such Award.
``(c) Qualified Technologies.--Technologies that qualify for such
Award shall include following:
``(1) Manufacturing technologies.
``(2) Industrial or consumer products.
``(3) Consumer services.
``(4) Recycling technologies.
``(d) Qualified Applicants.--Any citizen or permanent resident of
the Unites States may qualify for such Award. Any such individual who
is employed by or otherwise works for a business, Federal laboratory,
or other organization may qualify for such Award only if the individual
was substantially involved in the invention or innovation for which
such Award is presented.
``(e) Limitation.--Not more than five such Awards may be presented
annually.
``(f) Definition.--For purposes of this section, the term
`environmental technology' means--
``(1) a technology that is primarily intended to improve
the quality of the environment through pollution reduction or
remediation;
``(2) a product, manufacturing process, or service that is
capable of cost-effectively replacing the functions of an
existing product, process, or service, and as compared with the
product, process, or service it replaces, significantly
reducing overall pollution or significantly improving the
efficiency of energy or materials use; or
``(3) a technology within the meaning of paragraphs (1) and
(2).''. | Environmental Excellence Recognition Act of 1993 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to establish the President's Total Environmental Quality Award.
Requires the Secretary of Commerce to establish a process for the acceptance and evaluation of Award applicants using, to the extent practicable, the same procedures and facilities provided for the Malcolm Baldrige Award. Directs the President, based on the Secretary's recommendations, to periodically select companies and other organizations which have benefited the United States through the development and deployment of environmental technologies for receipt of the Award.
Establishes a National Environmentally Sound Technology Award for individuals who have pioneered the development and use of a highly innovative environmental technology. Directs the Secretary to receive and evaluate applications for, and provide for presentation of, the Award. Makes U.S. citizens or permanent residents eligible for the Award. Permits up to five of such Awards to be presented annually. | {"src": "billsum_train", "title": "Environmental Excellence Recognition Act of 1993"} | 1,444 | 200 | 0.699099 | 2.083619 | 0.865605 | 3.715116 | 7.802326 | 0.889535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hydrogen Tax Incentives Act of
2008''.
SEC. 2. HYDROGEN INFRASTRUCTURE AND FUEL COSTS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30D. HYDROGEN INFRASTRUCTURE AND FUEL COSTS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) the hydrogen infrastructure costs credit determined
under subsection (b), and
``(2) the hydrogen fuel costs credit determined under
subsection (c).
``(b) Hydrogen Infrastructure Costs Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen infrastructure costs credit determined under this
subsection with respect to each eligible hydrogen production
and distribution facility of the taxpayer is an amount equal to
30 percent of so much of the infrastructure costs for the
taxable year as does not exceed $200,000 with respect to such
facility.
``(2) Eligible hydrogen production and distribution
facility.--For purposes of this subsection, the term `eligible
hydrogen production and distribution facility' means a hydrogen
production and distribution facility which is placed in service
after December 31, 2007.
``(c) Hydrogen Fuel Costs Credit.--
``(1) In general.--For purposes of subsection (a), the
hydrogen fuel costs credit determined under this subsection
with respect to each eligible hydrogen device of the taxpayer
is an amount equal to the qualified hydrogen expenditure
amounts with respect to such device.
``(2) Qualified hydrogen expenditure amount.--For purposes
of this subsection--
``(A) In general.--The term `qualified hydrogen
expenditure amount' means, with respect to each
eligible hydrogen energy conversion device of the
taxpayer with a production capacity of not more than 25
kilowatts of electricity, the lesser of--
``(i) 30 percent of the amount paid or
incurred by the taxpayer during the taxable
year for hydrogen which is consumed by such
device, and
``(ii) $2,000.
In the case of any device which is not owned by the
taxpayer at all times during the taxable year, the
$2,000 amount in clause (ii) shall be reduced by an
amount which bears the same ratio to $2,000 as the
portion of the year which such device is not owned by
the taxpayer bears to the entire year.
``(B) Higher limitation for devices with more
production capacity.--In the case of any eligible
hydrogen energy conversion device with a production
capacity of--
``(i) more than 25 but less than 100
kilowatts of electricity, subparagraph (A)
shall be applied by substituting `$4,000' for
`$2,000' each place it appears, and
``(ii) not less than 100 kilowatts of
electricity, subparagraph (A) shall be applied
by substituting `$6,000' for `$2,000' each
place it appears.
``(3) Eligible hydrogen energy conversion devices.--For
purposes of this subsection--
``(A) In general.--The term `eligible hydrogen
energy conversion device' means, with respect to any
taxpayer, any hydrogen energy conversion device which--
``(i) is placed in service after December
31, 2004, and
``(ii) is wholly owned by the taxpayer
during the taxable year.
If an owner of a device (determined without regard to
this subparagraph) provides to the primary user of such
device a written statement that such user shall be
treated as the owner of such device for purposes of
this section, then such user (and not such owner) shall
be so treated.
``(B) Hydrogen energy conversion device.--The term
`hydrogen energy conversion device' means--
``(i) any electrochemical device which
converts hydrogen into electricity, and
``(ii) any combustion engine which burns
hydrogen as a fuel.
``(d) Reduction in Basis.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this paragraph) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(e) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to amounts which (but
for subsection (g) would be allowed as a deduction under
section 162 shall be treated as a credit listed in section
38(b) for such taxable year (and not allowed under subsection
(a)).
``(2) Personal credit.--The credit allowed under subsection
(a) (after the application of paragraph (1)) for any taxable
year shall not exceed the excess (if any) of--
``(A) the regular tax liability (as defined in
section 26(b)) reduced by the sum of the credits
allowable under subpart A and sections 27, 30, 30B, and
30C, over
``(B) the tentative minimum tax for the taxable
year.
``(f) Denial of Double Benefit.--The amount of any deduction or
other credit allowable under this chapter for any cost taken into
account in determining the amount of the credit under subsection (a)
shall be reduced by the amount of such credit attributable to such
cost.
``(g) Recapture.--The Secretary shall, by regulations, provided for
recapturing the benefit of any credit allowable under subsection (a)
with respect to any property which ceases to be property eligible for
such credit.
``(h) Election Not To Take Credit.--No credit shall be allowed
under subsection (a) for any property if the taxpayer elects not to
have this section apply to such property.
``(i) Regulations.--The Secretary shall prescribe such regulations
as necessary to carry out the provisions of this section.
``(j) Termination.--This section shall not apply to any costs paid
or incurred after the end of the 3-year period beginning on the date of
the enactment of this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986 is
amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting
``plus'', and by adding at the end the following new paragraph:
``(32) the portion of the hydrogen infrastructure and fuel
credit to which section 30D(e)(1) applies.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(e)(2),'' after ``30C(d)(2),''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 30D(d).''.
(4) Section 6501(m) of such Code is amended by inserting
``30D(h),'' after ``30C(e)(5),''.
(5) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Hydrogen infrastructure and fuel costs.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007, in taxable
years ending after such date. | Hydrogen Tax Incentives Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for hydrogen infrastructure and fuel costs. Terminates such credit after three years. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish the infrastructure foundation for the hydrogen economy, and for other purposes."} | 1,795 | 40 | 0.563704 | 1.304136 | 0.627511 | 2.741935 | 53.451613 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Succession Act of
2010''.
SEC. 2. PRESIDENTIAL SUCCESSION.
Section 19 of title 3, United States Code, is amended to read as
follows:
``Sec. 19. Vacancy in offices of both President and Vice President;
officers eligible to act
``(a)(1) If, by reason of death, resignation, removal from office,
inability, or failure to qualify, there is neither a President nor Vice
President to discharge the powers and duties of the office of
President, then the highest individual on the succession list who is
not under disability to discharge the powers and duties of the office
of President and not disqualified under subsection (c), shall serve as
acting President.
``(2) The same rule shall also apply in the case of the death,
resignation, removal from office, or inability of an individual serving
as acting President under this section if, by reason of death,
resignation, removal from office, inability, or failure to qualify,
there is no Vice President to discharge the powers and duties of the
office of President.
``(b) An individual serving as acting President under this section
shall continue to so serve until the expiration of the then current
Presidential term, except that--
``(1) if his discharge of the powers and duties of the
office is founded in whole or in part on the failure of both
the President-elect and the Vice-President-elect to qualify,
then he shall serve only until a President or Vice President
qualifies; and
``(2) if his discharge of the powers and duties of the
office is founded in whole or in part on the inability of the
President or Vice President, then he shall serve only until the
removal of the disability of one of such individuals.
``(c)(1) For purposes of this section, the term `succession list'
means the following: The designated House leader under subsection (d),
the designated Senate leader under subsection (e), the Secretary of
State, the Secretary of the Treasury, the Secretary of Defense, the
Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Labor, the
Secretary of Health and Human Services, the Secretary of Housing and
Urban Development, the Secretary of Transportation, the Secretary of
Energy, the Secretary of Education, the Secretary of Veterans Affairs,
the Secretary of Homeland Security, the Ambassador to the United
Nations, the Ambassador to Great Britain, the Ambassador to Russia, the
Ambassador to China, and the Ambassador to France.
``(2) The taking of the oath of office by an individual specified
in the succession list shall not require his resignation from the
office by virtue of the holding of which he qualifies to serve as
acting President. Such individual shall not receive compensation from
holding that office during the period that the individual serves as
acting President or Vice President under this section, and shall be
compensated for that period as provided under subsection (f).
``(3) The succession list shall include only such officers that
are--
``(A) eligible to the office of President under the
Constitution;
``(B) not under impeachment by the House of Representatives
at the time the powers and duties of the office of President
devolve upon them; and
``(C) except in the case of the designated House leader
under subsection (d) and the designated Senate leader under
subsection (e), appointed to the office involved, by and with
the advice and consent of the Senate, prior to the time the
powers and duties of the President devolve to such officer
under this section.
``(d)(1) The designated House leader under this subsection is the
individual whose name is submitted by the President in a written
notification to the Clerk of the House of Representatives from among
the following: The Speaker of the House of Representatives, the
Majority Leader of the House of Representatives, or the Minority Leader
of the House of Representatives.
``(2) The notification by the President under paragraph (1) shall
remain in effect until the President submits a later notification under
such paragraph, and shall not be rendered ineffective by the expiration
of any Presidential term.
``(3) Until such time as the President first submits a notification
under paragraph (1), the Speaker of the House of Representatives is
deemed to be the designated House leader under this subsection.
``(4) A person acting as Speaker pro tempore shall not be treated
for purposes of this subsection as holding the office of Speaker of the
House of Representatives.
``(5) Each notification submitted by the President under this
subsection shall be made publicly available.
``(e)(1) The designated Senate leader under this subsection is the
individual whose name is submitted by the President in a written
notification to the Secretary of the Senate from among the following:
The Majority Leader of the Senate, the President Pro Tempore of the
Senate, or the Minority Leader of the Senate.
``(2) The notification by the President under paragraph (1) shall
remain in effect until the President submits a later notification under
such paragraph, and shall not be rendered ineffective by the expiration
of any Presidential term.
``(3) Until such time as the President first submits a notification
under paragraph (1), the Majority Leader of the Senate is deemed to be
the designated Senate leader under this subsection.
``(4) Each notification submitted by the President under this
subsection shall be made publicly available.
``(f) During the period that any individual serves as acting
President under this section, his compensation shall be at the rate
then provided by law in the case of the President.''.
SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR
INCAPACITY OF NOMINEES.
It is the sense of Congress that--
(1) during a Presidential election year, the nominees of
each political party for the office of President and Vice
President should jointly announce and designate on or before
the final day of the convention (or related event) at which
they are nominated the individuals for whom the electors of
President and Vice President who are pledged to vote for such
nominees should give their votes for such offices in the event
that such nominees are deceased or permanently incapacitated
prior to the date of the meeting of the electors of each State
under section 7 of title 3, United States Code;
(2) in the event a nominee for President is deceased or
permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for Vice President of the same
political party is not deceased or permanently incapacitated),
the electors of President who are pledged to vote for the
nominee should give their votes to the nominee of the same
political party for the office of Vice President, and the
electors of Vice President who are pledged to vote for the
nominee for Vice President should give their votes to the
individual designated for such office by the nominees under
paragraph (1);
(3) in the event a nominee for Vice President is deceased
or permanently incapacitated prior to the date referred to in
paragraph (1) (but the nominee for President of the same
political party is not deceased or permanently incapacitated),
the electors of Vice President who are pledged to vote for such
nominee should give their votes to the individual designated
for such office by the nominees under paragraph (1);
(4) in the event that both the nominee for President and
the nominee for Vice President of the same political party are
deceased or permanently incapacitated prior to the date
referred to in paragraph (1), the electors of President and
Vice President who are pledged to vote for such nominees should
vote for the individuals designated for each such office by the
nominees under paragraph (1); and
(5) political parties should establish rules and procedures
consistent with the procedures described in the preceding
paragraphs, including procedures to obtain written pledges from
electors to vote in the manner described in such paragraphs.
SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE
SMOOTH TRANSITION OF EXECUTIVE POWER.
(a) Findings.--Congress finds that--
(1) members of the Senate, regardless of political party
affiliation, agree that the American people deserve a
Government that is failsafe and foolproof, and that terrorists
should never have the ability to disrupt the operations of the
Government;
(2) continuity of governmental operations in the wake of a
catastrophic terrorist attack remains a pressing issue of
national importance before the United States Congress;
(3) at a minimum, terrorists should never have the ability,
by launching a terrorist attack, to change the political party
that is in control of the Government, regardless of which party
is in power;
(4) whenever control of the White House shall change from
one political party to another, the outgoing President and the
incoming President should work together, and with the Senate to
the extent determined appropriate by the Senate, to ensure a
smooth transition of executive power, in the interest of the
American people;
(5) under the current presidential succession statute in
section 19 of title 3, United States Code, the members of the
cabinet, defined as the heads of the statutory executive
departments under section 101 of title 5, United States Code,
fall within the line of succession to the presidency;
(6) during previous presidential transition periods, the
incoming President has had to serve with cabinet members from
the prior administration, including subcabinet officials from
the prior administration acting as cabinet members, for at
least some period of time;
(7) the Constitution vests the appointment power of
executive branch officials in the President, by and with the
advice and consent of the Senate, and nothing in this
resolution is intended to alter either the constitutional power
of the President or the constitutional function of the Senate
with regard to the confirmation of presidential nominees;
(8) an incoming President cannot exercise the
constitutional powers of the President, in order to ensure a
smooth transition of Government, until noon on the 20th day of
January, pursuant to the terms of the twentieth amendment to
the Constitution;
(9) cooperation between the incoming and the outgoing
President is therefore the only way to ensure a smooth
transition of Government;
(10) Congress throughout history has acted consistently and
in a bipartisan fashion to encourage measures to ensure the
smooth transition of executive power from one President to
another, such as through the enactment of the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277)
and subsequent amendments;
(11) Congress has previously concluded that ``[t]he
national interest requires'' that ``the orderly transfer of the
executive power in connection with the expiration of the term
of office of a President and the inauguration of a new
President . . . be accomplished so as to assure continuity in
the faithful execution of the laws and in the conduct of the
affairs of the Federal Government, both domestic and foreign''
under the Presidential Transition Act of 1963 (3 U.S.C. 102
note; Public Law 88-277);
(12) Congress has further concluded that ``[a]ny disruption
occasioned by the transfer of the executive power could produce
results detrimental to the safety and well-being of the United
States and its people'' under the Presidential Transition Act
of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(13) Congress has previously expressed its intent ``that
appropriate actions be authorized and taken to avoid or
minimize any disruption'' and ``that all officers of the
Government so conduct the affairs of the Government for which
they exercise responsibility and authority as (1) to be mindful
of problems occasioned by transitions in the office of the
President, (2) to take appropriate lawful steps to avoid or
minimize disruptions that might be occasioned by the transfer
of the executive power, and (3) otherwise to promote orderly
transitions in the office of President'' under the Presidential
Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277);
(14) the National Commission on Terrorist Attacks Upon the
United States established under title VI of the Intelligence
Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note;
Public Law 107-306) expressly recognized the need to ``Improve
the Transitions between Administrations'' in its final report;
(15) the Commission specifically recommended that,
``[s]ince a catastrophic attack could occur with little or no
notice, we should minimize as much as possible the disruption
of national security policymaking during the change of
administrations by accelerating the process for national
security appointments'' and that ``the process could be
improved significantly so transitions can work more effectively
and allow new officials to assume their new responsibilities as
quickly as possible'';
(16) the Commission suggested that ``[a] president-elect
should submit lists of possible candidates for national
security positions to begin obtaining security clearances
immediately after the election, so that their background
investigations can be complete before January 20'', that ``[a]
president-elect should submit the nominations of the entire new
national security team, through the level of under secretary of
cabinet departments, not later than January 20'', that ``[t]he
Senate, in return, should adopt special rules requiring
hearings and votes to confirm or reject national security
nominees within 30 days of their submission'', and that an
outgoing Administration should work cooperatively with an
incoming President to ensure a smooth transition, in the
interest of national security; and
(17) there is no more important national security position
than the office of President, and thus it is essential to
national security that any new administration establish its own
clear and stable line of succession to the presidency as
quickly as possible.
(b) Sense of Congress.--It is the sense of Congress that during the
period preceding the end of a term of office in which a President will
not be serving a succeeding term--
(1) that President should consider submitting the
nominations of individuals to the Senate who are selected by
the President-elect for offices that fall within the line of
succession;
(2) the Senate should consider conducting confirmation
proceedings and votes on the nominations described under
paragraph (1), to the extent determined appropriate by the
Senate, between January 3 and January 20 before the
Inauguration; and
(3) that President should consider agreeing to sign and
deliver commissions for all approved nominations on January 20
before the Inauguration to ensure continuity of Government. | Presidential Succession Act of 2010 - Revises provisions governing presidential succession to: (1) provide that the person next in line to succeed the President after the Vice President (currently, the Speaker of the House of Representatives) shall be the individual whose name is submitted by the President to the Clerk of the House from among the Speaker of the House, the Majority Leader of the House, or the Minority Leader of the House (or the Speaker until the President submits such name); (2) provide that the person next in line (currently the President Pro Tempore of the Senate) after such designated House leader shall be the individual whose name is submitted by the President to the Secretary of the Senate from among the Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate (or the Majority Leader of the Senate until the President submits such name); (3) include in the succession list, after the Secretary of Homeland Security, the Ambassadors to the United Nations, Great Britain, Russia, China, and France, in that order; and (4) provide that the taking of the oath of office by an individual specified in the succession list shall not require resignation from the office qualifying such individual for succession.
Permits the succession list to include only such officers that are: (1) eligible to the office of President under the Constitution; (2) not under impeachment by the House of Representatives; and (3) except for the designated House or Senate leader, appointed to the office involved, by and with the Senate's advice and consent, prior to succession.
Expresses the sense of Congress regarding: (1) to whom electors should give their votes in the event of the death or incapacity of nominees for President and Vice President; and (2) nomination by a President who will not be serving a succeeding term of individuals selected by the President-elect for offices that fall within the line of succession, confirmation of such nominees by the Senate, and the signing and delivery of commissions to all such approved nominations, before the inauguration of the President-elect, to ensure continuity of government. | {"src": "billsum_train", "title": "To amend chapter 1 of title 3, United States Code, relating to Presidential succession."} | 3,083 | 449 | 0.616969 | 1.767326 | 0.689086 | 4.451306 | 7.304038 | 0.954869 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwest Bridge Research Center
Establishment Act of 2003''.
SEC. 2. BRIDGE RESEARCH CENTER.
Section 5505 of title 49, United States Code, is amended by adding
at the end the following:
``(k) Southwest Bridge Research Center.--
``(1) In general.--In addition to the university
transportation centers receiving grants under subsections (a)
and (b), the Secretary shall provide grants to New Mexico State
University, in collaboration with the Oklahoma Transportation
Center, to establish and operate a university transportation
center to be known as the `Southwest Bridge Research Center'
(referred to in this subsection as the `Center').
``(2) Purpose.--The purpose of the Center shall be to
contribute at a national level to a systems approach to
improving the overall performance of bridges, with an emphasis
on--
``(A) increasing the number of highly skilled
individuals entering the field of transportation;
``(B) improving the monitoring of structural health
over the life of bridges;
``(C) developing innovative technologies for bridge
testing and assessment;
``(D) developing technologies and procedures for
ensuring bridge safety, reliability, and security; and
``(E) providing training in the methods for bridge
inspection and evaluation.
``(3) Objectives.--The Center shall carry out the following
programs and activities:
``(A) Basic and applied research, the products of
which shall be judged by peers or other experts in the
field to advance the body of knowledge in
transportation.
``(B) An education program that includes
multidisciplinary course work and participation in
research.
``(C) An ongoing program of technology transfer
that makes research results available to potential
users in a form that can be implemented.
``(4) Maintenance of effort.--To be eligible to receive a
grant under this subsection, the institution specified in
paragraph (1) shall enter into an agreement with the Secretary
to ensure that, for each fiscal year after establishment of the
Center, the institution will fund research activities relating
to transportation in an amount that is at least equal to the
average annual amount of funds expended for the activities for
the 2 fiscal years preceding the fiscal year in which the grant
is received.
``(5) Cost sharing.--
``(A) Federal share.--The Federal share of the cost
of any activity carried out using funds from a grant
provided under this subsection shall be 50 percent.
``(B) Non-federal share.--The non-Federal share of
the cost of any activity carried out using funds from a
grant provided under this subsection may include funds
provided to the recipient under any of sections 503,
504(b), and 505 of title 23.
``(C) Ongoing programs.--After establishment of the
Center, the institution specified in paragraph (1)
shall obligate for each fiscal year not less than
$200,000 in regularly budgeted institutional funds to
support ongoing transportation research and education
programs.
``(6) Program coordination.--
``(A) Coordination.--The Secretary shall--
``(i) coordinate the research, education,
training, and technology transfer activities
carried out by the Center;
``(ii) disseminate the results of that
research; and
``(iii) establish and operate a
clearinghouse for information derived from that
research.
``(B) Annual review and evaluation.--At least
annually, and in accordance with the plan developed
under section 508 of title 23, the Secretary shall
review and evaluate each program carried out by the
Center using funds from a grant provided under this
subsection.
``(7) Limitation on availability of funds.--Funds made
available to carry out this subsection shall remain available
for obligation for a period of 2 years after the last day of
the fiscal year for which the funds are authorized.
``(8) Amount of grant.--For each of fiscal years 2004
through 2009, the Secretary shall provide a grant in the amount
of $3,000,000 to the institution specified in paragraph (1) to
carry out this subsection.
``(9) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection $3,000,000
for each of fiscal years 2004 through 2009.''. | Southwest Bridge Research Center Establishment Act of 2003 - Amends Federal transportation law to direct the Secretary of Transportation, in addition to grants that university transportation centers receive under the Act, to provide grants to New Mexico State University, in collaboration with the Oklahoma Transportation Center, to establish a university transportation center known as the Southwest Bridge Research Center. Declares that the purpose of the Center is to contribute at a national level to a systems approach to improving the overall performance of bridges. Sets forth certain grant requirements. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to establish a university transportation center to be known as the \"Southwest Bridge Research Center\"."} | 938 | 108 | 0.647498 | 1.813327 | 1.222902 | 3.9375 | 9.541667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minimum Wage Fairness Act''.
SEC. 2. MINIMUM WAGE INCREASES.
(a) Minimum Wage.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read
as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $8.20 an hour, beginning on the first day of
the sixth month that begins after the date of enactment
of the Minimum Wage Fairness Act;
``(B) $9.15 an hour, beginning 1 year after that
first day;
``(C) $10.10 an hour, beginning 2 years after that
first day; and
``(D) beginning on the date that is 3 years after
that first day, and annually thereafter, the amount
determined by the Secretary pursuant to subsection
(h);''.
(2) Determination based on increase in the consumer price
index.--Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206) is amended by adding at the end the following:
``(h)(1) Each year, by not later than the date that is 90 days
before a new minimum wage determined under subsection (a)(1)(D) is to
take effect, the Secretary shall determine the minimum wage to be in
effect pursuant to this subsection for the subsequent 1-year period.
The wage determined pursuant to this subsection for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase in the Consumer Price Index for Urban Wage Earners and
Clerical Workers (United States city average, all items, not
seasonally adjusted), or its successor publication, as
determined by the Bureau of Labor Statistics; and
``(C) rounded to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the Consumer
Price Index for purposes of paragraph (1)(B), the Secretary shall
compare such Consumer Price Index for the most recent month, quarter,
or year available (as selected by the Secretary prior to the first year
for which a minimum wage is in effect pursuant to this subsection) with
the Consumer Price Index for the same month in the preceding year, the
same quarter in the preceding year, or the preceding year,
respectively.''.
(b) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to
read as follows:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(A) for the 1-year period beginning on the first
day of the sixth month that begins after the date of
enactment of the Minimum Wage Fairness Act, $3.00 an
hour;
``(B) for each succeeding 1-year period until the
hourly wage under this paragraph equals 70 percent of
the wage in effect under section 6(a)(1) for such
period, an hourly wage equal to the amount determined
under this paragraph for the preceding year, increased
by the lesser of--
``(i) $0.95; or
``(ii) the amount necessary for the wage in
effect under this paragraph to equal 70 percent
of the wage in effect under section 6(a)(1) for
such period, rounded to the nearest multiple of
$0.05; and
``(C) for each succeeding 1-year period after the
year in which the hourly wage under this paragraph
first equals 70 percent of the wage in effect under
section 6(a)(1) for the same period, the amount
necessary to ensure that the wage in effect under this
paragraph remains equal to 70 percent of the wage in
effect under section 6(a)(1), rounded to the nearest
multiple of $0.05; and''.
(c) Publication of Notice.--Section 6 of the Fair Labor Standards
Act of 1938 (as amended by subsection (a)) (29 U.S.C. 206) is further
amended by adding at the end the following:
``(i) Not later than 60 days prior to the effective date of any
increase in the minimum wage determined under subsection (h) or
required for tipped employees in accordance with subparagraph (B) or
(C) of section 3(m)(1), as amended by the Minimum Wage Fairness Act,
the Secretary shall publish in the Federal Register and on the website
of the Department of Labor a notice announcing the adjusted required
wage.''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the first day of the sixth month that begins after
the date of enactment of this Act.
SEC. 3. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF
CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``in 2010, 2011, 2012, or 2013'' in
subparagraph (B) and inserting ``after 2009 and before
2017'', and
(B) by striking ``2013'' in subparagraph (C) and
inserting ``2016''.
(2) Reduction in limitation.--Section 179(b)(2) of such
Code is amended--
(A) by striking ``in 2010, 2011, 2012, or 2013'' in
subparagraph (B) and inserting ``after 2009 and before
2017'', and
(B) by striking ``2013'' in subparagraph (C) and
inserting ``2016''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended by striking ``2014'' and inserting
``2017''.
(c) Election.--Section 179(c)(2) of the Internal Revenue Code of
1986 is amended by striking ``2014'' and inserting ``2017''.
(d) Special Rules for Treatment of Qualified Real Property.--
(1) In general.--Section 179(f)(1) of the Internal Revenue
Code of 1986 is amended by striking ``in 2010, 2011, 2012, or
2013'' and inserting ``after 2009 and before 2017''.
(2) Carryover limitation.--
(A) In general.--Section 179(f)(4) of such Code is
amended by striking ``2013'' each place it appears and
inserting ``2016''.
(B) Conforming amendment.--The heading of
subparagraph (C) of section 179(f)(4) of such Code is
amended by striking ``2010, 2011 and 2012'' and
inserting ``years before 2016''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Minimum Wage Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the federal minimum wage for employees to: (1) $8.20 an hour beginning on the first day of the sixth month after the enactment of this Act, (2) $9.15 an hour beginning one year after the date of such initial increase, (3) $10.10 an hour beginning two years after such date, and (4) the amount determined by the Secretary of Labor (based on increases in the Consumer Price Index) beginning three years after such date and annually thereafter. Increases the federal minimum wage for tipped employees to $3.00 an hour for one year beginning on the first day of the sixth month after the enactment of this Act. Provides a formula for subsequent annual adjustments of the minimum wage for tipped employees until it equals 70% of the wage in effect under FLSA for other employees. Directs the Secretary of Labor, 60 days before any increase in the minimum wage, to publish it in the Federal Register and on the Department of Labor's website. Amends the Internal Revenue Code to extend through taxable years beginning before 2017: (1) the increase to $500,000 of the expensing allowance for business assets, including computer software; and (2) the treatment of qualified real property (i.e., leasehold improvement property, restaurant property, and retail improvement property) as depreciable business property. | {"src": "billsum_train", "title": "Minimum Wage Fairness Act"} | 1,610 | 298 | 0.552906 | 1.539551 | 0.772914 | 2.747253 | 5.186813 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cord Blood Stem Cell Act of 2003''.
SEC. 2. NATIONAL CORD BLOOD STEM CELL BANK NETWORK.
Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by adding at the end the following:
``SEC. 376A. NATIONAL CORD BLOOD STEM CELL BANK NETWORK.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Cord blood unit.--The term `cord blood unit' means
the blood collected from a single placenta and umbilical cord.
``(3) Donor.--The term `donor' means a mother who has
delivered a baby and consents to donate the newborn's blood
remaining in the placenta and umbilical cord.
``(4) Donor bank.--The term `donor bank' means a qualified
cord blood stem cell bank that enters into a contract with the
Secretary under subsection (b)(1).
``(5) Human cord blood stem cells.--The term `human cord
blood stem cells' means hematopoietic stem cells and any other
stem cells contained in the neonatal blood collected
immediately after the birth from the separated placenta and
umbilical cord.
``(6) National cord blood stem cell bank network.--The term
`National Cord Blood Stem Cell Bank Network' means a network of
qualified cord blood stem cell banks established under
subsection (b).
``(b) National Cord Blood Stem Cell Bank Network.--
``(1) In general.--The Secretary, acting through the
Administrator, shall enter into contracts with qualified cord
blood stem cell banks to assist in the establishment,
provision, and maintenance of a National Cord Blood Stem Cell
Bank Network that contains at least 150,000 units of human cord
blood stem cells.
``(2) Purpose of donor banks.--It is the purpose of the
donor banks that are a part of the Network to--
``(A) acquire, tissue-type, test, cryopreserve, and
store donated units of human cord blood acquired with
the informed consent of the donor, in a manner that
complies with applicable Federal regulations;
``(B) make cord blood units collected under this
section, or otherwise, available to transplant centers
for stem cell transplantation; and
``(C) allocate up to 10 percent of the cord blood
inventory each year for peer-reviewed research.
``(3) Eligibility of donor banks.--A cord blood stem cell
bank shall be eligible to be a donor bank if such a bank--
``(A) has obtained all applicable Federal and State
licenses, certifications, registrations (including
registration with the Food and Drug Administration),
and other authorizations required to operate and
maintain a cord blood stem cell bank;
``(B) has implemented donor screening and cord
blood collection practices adequate to protect both
donors and transplant recipients and to prevent
transmission of potentially harmful infections and
other diseases;
``(C) has established a system of strict
confidentiality to protect the identity and privacy of
patients and donors in accordance with existing Federal
and State law, and consistent with the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996
for the release of the identity of donors, recipients,
or identifiable records;
``(D) has established a system for encouraging
donation by an ethnically diverse group of donors;
``(E) has developed adequate systems for
communication with other cord blood stem cell banks,
transplant centers, and physicians with respect to the
request, release, and distribution of cord blood units
nationally, and has developed such systems, consistent
with the regulations promulgated under section 264(c)
of the Health Insurance Portability and Accountability
Act of 1996, to track recipients' clinical outcomes for
distributed units; and
``(F) has developed a system for educating the
public, including patient advocacy organizations, about
the benefits of donating and utilizing cord blood stem
cells in appropriate circumstances.
``(c) Administration of the Network.--
``(1) Board of directors.--
``(A) In general.--The Secretary shall provide for
the establishment of a Board of Directors, including a
chairperson, who shall administer the National Cord
Blood Stem Cell Network, including establishing a
national cord blood stem cell registry within the
Network and coordinating the donor banks in the
Network.
``(B) Composition.--
``(i) In general.--The Board of Directors
shall be composed of members to be appointed by
the Secretary who shall serve 3-year terms, and
shall include representatives from--
``(I) cord blood stem cell
transplant centers;
``(II) physicians from
participating birthing hospitals;
``(III) the cord blood stem cell
research community;
``(IV) recipients of cord blood
stem cell transplants;
``(V) patients or family members of
a patient who has requested the
assistance of the national cord blood
stem cell registry in searching for
donor cord blood;
``(VI) individuals with expertise
in the social sciences;
``(VII) members of the general
public;
``(VIII) the Health Resources and
Services Administration, who shall
serve as a nonvoting member; and
``(IX) the network donor banks.
``(ii) Terms of service.--Each member
appointed under clause (i) may serve up to 2
consecutive 3-year terms, except that this
clause shall not apply to the member appointed
under subclause (VIII) of clause (i).
``(C) Continuity.--In order to ensure the
continuity of the Board of Directors, the Board shall
be appointed so that each year the terms of
approximately \1/3\ of the Board members expire. A
member of the Board may continue to serve after the
expiration of the term of such a member until a
successor is appointed.
``(2) National cord blood stem cell registry.--
``(A) In general.--The Secretary, acting through
the Administrator, shall establish as part of the
Network a National Cord Blood Stem Cell Registry. The
Registry shall--
``(i) operate a system for identifying,
acquiring, and distributing donated units of
cord blood that are suitably matched to
candidate patients;
``(ii) provide transplant physicians and
other appropriate health care professionals the
ability to search the entire registry for a
suitable donor match for patients; and
``(iii) maintain a database to document the
collection, storage, distribution, and clinical
outcomes related to the Network.
``(B) Database.--The database maintained under
subparagraph (A)(iii) shall be operated according to
standards of consent, disclosure, and confidentiality,
including those applicable under the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996.
The Administrator, using the database, shall report to
the Secretary on a periodic basis regarding the safety,
efficacy, and cost-effectiveness of the clinical,
research, and educational activities of the Network.
The Secretary shall make such information available to
the public.
``(3) Network standards.--The Board of Directors shall
ensure that--
``(A) the donor banks within the National Cord
Blood Stem Cell Bank Network meet the requirements of
subsection (b)(3); and
``(B) the National Cord Blood Stem Cell Bank
Network is geographically distributed throughout the
United States.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated, $15,000,000 for fiscal year
2004, and such sums as may be necessary for each of fiscal years 2005
through 2008.''. | Cord Blood Stem Cell Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to enter into contracts with qualified cord blood stem cell banks to assist in the establishment, provision, and maintenance of a National Cord Blood Stem Cell Bank Network of at least 150,000 units of human cord blood stem cells. Lists the purposes of qualifying donor banks and requirements qualifying donor banks must meet.
Directs the Secretary, through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry. Sets forth the functions of the Registry, which shall include: (1) operating a system for identifying, acquiring, and distributing donated units or cord blood; (2) maintaining a database with certain information, including the clinical outcomes of all transplantations related to the Network; and (3) providing transplant physicians and other health care professionals with the ability to search for donor matches. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a National Cord Blood Stem Cell Bank Network to prepare, store, and distribute human umbilical cord blood stems cells for the treatment of patients and to support peer-reviewed research using such cells."} | 1,745 | 202 | 0.707716 | 1.718403 | 0.991357 | 4.157895 | 8.557895 | 0.905263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Adjustment Act of 2003''.
SEC. 2. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES
OF HIGHER EDUCATION BENEFITS.
(a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
SEC. 3. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENT STUDENTS.
(a) In General.--Section 240A of the Immigration and Nationality
Act (8 U.S.C. 1229b) is amended--
(1) in paragraph (3) of subsection (b)--
(A) by striking ``paragraph (1) or (2)'' and
inserting ``paragraph (1), (2), or (3)'' each place it
appears;
(B) by redesignating such paragraph as paragraph
(5); and
(C) by moving such paragraph to follow paragraph
(4);
(2) by inserting after paragraph (2) of subsection (b) the
following new paragraph:
``(3) Special rule for children in middle or secondary
school.--
``(A) Authority.--Subject to subparagraph (B), the
Secretary of Homeland Security shall cancel removal of,
and adjust to the status of an alien lawfully admitted
for permanent residence, an alien who is inadmissible
or deportable from the United States if the alien
demonstrates that--
``(i) the alien has not, at the time of
application, attained the age of 21;
``(ii) the alien was physically present in
the United States on the date of the enactment
of the Student Adjustment Act of 2003 and has
been physically present in the United States
for a continuous period of not less than five
years immediately preceding the date of such
application;
``(iii) the alien has been a person of good
moral character during such period; and
``(iv) the alien, at the time of
application, is enrolled at or above the 7th
grade level in a school in the United States or
is enrolled in or actively pursuing admission
to an institution of higher education in the
United States as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001).
The Secretary of Homeland Security shall provide a
procedure by regulation allowing eligible individuals
to apply affirmatively for the relief available under
this paragraph without being placed in removal
proceedings. An alien shall not be considered to have
failed to maintained continuous physical presence in
the United States for purposes of clause (ii) by virtue
of brief, casual, and innocent absences from the United
States.
``(B) Restrictions on authority.--The provisions of
this paragraph shall not apply to any of the following
aliens:
``(i) An alien who is inadmissible under
section 212(a)(2)(A)(i)(I) or is deportable
under section 237(a)(2)(A)(i) (relating to
crimes of moral turpitude), unless the
Secretary of Homeland Security determines that
the alien's removal would result in extreme
hardship to the alien, the alien's child, or (in the case of an alien
who is a child) to the alien's parent.
``(ii) An alien who is inadmissible under
section 212(a)(3) or is deportable under
section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
(relating to security and related grounds).'';
and
(3) in subsection (d)(1)(A), by inserting ``or (b)(3)''
after ``subsection (b)(2)''.
(b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)(3)) is amended by adding at the end the
following new subparagraph:
``(C) Aliens described in subsection (b)(3).''.
(c) Grandfather Provisions.--For purpose of applying section
240A(b)(3) of the Immigration and Nationality Act (as inserted by
subsection (a)) with respect to an application filed under such section
not later than 120 days after the effective date of regulations
implementing this section--
(1) an individual shall be considered to be under the age
of 21 if the individual's 21st birthday occurs after the date
of the enactment of this Act but no more than 120 days after
the effective date of such regulations; and
(2) an individual shall be treated as meeting the
requirements of clauses (i), (ii), and (iv) of subparagraph (A)
of such section if--
(A) the individual would have met such requirements
based upon an application filed at any time during the
4-year period ending on the date of the enactment of
this Act; and
(B) the individual has graduated from, or is at the
time of application enrolled in, an accredited
institution of higher education in the United States
(described in clause (iv) of such subparagraph).
(d) Confidentiality of Information.--Neither the Secretary of
Homeland Security, nor any other official or employee of the Department
of Homeland Security or other Department, bureau, or agency of the
United States, may--
(1) use the information furnished by the applicant pursuant
to an application filed under the amendments made by this
section for any purpose other than to make a determination on
the application;
(2) make any publication whereby the information furnished
by any particular individual can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department of Homeland Security or bureau or
agency or, with respect to applications filed with a designated
entity, that designated entity, to examine individual
applications.
Whoever knowingly uses, publishes, or permits information to be
examined in violation of this subsection shall be fined not more than
$10,000.
(e) Eligibility of Cancellation Applicants for Federal Educational
Assistance.--Section 431(b) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)) is amended--
(1) by striking ``; or'' at the end of paragraph (6) and
inserting a comma;
(2) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(3) by adding at the end the following new paragraph:
``(8) an alien who has been granted relief under section
240A(b)(3) of the Immigration and Nationality Act, or with
respect to whom an application under such section has been
filed but not finally been adjudicated.''.
(f) Regulations.--
(1) Proposed regulations.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall publish proposed regulations implementing this
section.
(2) Interim, final regulations.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Homeland Security shall publish final regulations implementing
this section. Such regulations shall be effective immediately
on an interim basis, but are subject to change and revision
after public notice and opportunity for a period for public
comment. | Student Adjustment Act of 2003 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien middle or secondary students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal. | {"src": "billsum_train", "title": "To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit States to determine state residency for higher education purposes and to amend the Immigration and Nationality Act to cancel the removal and adjust the status of certain alien college-bound students who are long-term U.S. residents."} | 1,695 | 147 | 0.551645 | 1.45086 | 0.673747 | 2.026087 | 12.991304 | 0.86087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dividend Taxation Elimination Act of
2003''.
SEC. 2. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. EXCLUSION OF DIVIDENDS RECEIVED BY INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
dividends which are otherwise includible in gross income and which are
received during the taxable year by an individual.
``(b) Special Rules.--For purposes of this section--
``(1) Exclusion not to apply to capital gain dividends from
regulated investment companies and real estate investment
trusts.--
``For treatment of capital gain
dividends, see sections 854(a) and 857(c).
``(2) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only in determining the taxes
imposed for the taxable year pursuant to sections 871(b)(1) and
877(b).
``(3) Dividends from employee stock ownership plans.--
Subsection (a) shall not apply to any dividend described in
section 404(k).
``(4) Certain dividends excluded.--Subsection (a) shall not
apply to any dividend from a corporation which for the taxable
year of the corporation in which the distribution is made is a
corporation exempt from tax under section 521 (relating to
farmers' cooperative associations).''.
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 32(i)(2) of such Code is
amended by inserting ``(determined without regard to section
116)'' before the comma.
(2) Subparagraph (B) of section 86(b)(2) of such Code is
amended to read as follows:
``(B) increased by the sum of--
``(i) the amount of interest received or
accrued by the taxpayer during the taxable year
which is exempt from tax, and
``(ii) the amount of dividends received
during the taxable year which are excluded from
gross income under section 116.''.
(3) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''.
(4) Subsection (c) of section 584 of such Code is amended
by adding at the end the following new flush sentence:
``The proportionate share of each participant in the amount of
dividends received by the common trust fund and to which section 116
applies shall be considered for purposes of such section as having been
received by such participant.''.
(5) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Dividends.--There shall be included the amount of any
dividends excluded from gross income pursuant to section
116.''.
(6) Section 854(a) of such Code is amended by inserting
``section 116 (relating to partial exclusion of dividends
received by individuals) and'' after ``For purposes of''.
(7) Section 857(c) of such Code is amended to read as
follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) Treatment for section 116.--For purposes of section
116 (relating to partial exclusion of dividends received by
individuals), a capital gain dividend (as defined in subsection
(b)(3)(C)) received from a real estate investment trust which
meets the requirements of this part shall not be considered as
a dividend.
``(2) Treatment for section 243.--For purposes of section
243 (relating to deductions for dividends received by
corporations), a dividend received from a real estate
investment trust which meets the requirements of this part
shall not be considered as a dividend.''.
(8) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 115 the following new item:
``Sec. 116. Exclusion of dividends
received by individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Dividend Taxation Elimination Act of 2003 - Amends the Internal Revenue Code to exclude dividends from gross income, with specified exceptions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals to exclude dividend income."} | 1,089 | 32 | 0.552502 | 1.164778 | 0.904382 | 2.086957 | 41.173913 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Revitalization Act of
2004''.
SEC. 2. CREDIT FOR EXPENDITURES TO REMEDIATE CONTAMINATED SITES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. ENVIRONMENTAL REMEDIATION CREDIT.
``(a) In General.--For purposes of section 38, the environmental
remediation credit determined under this section is 50 percent of the
qualified remediation expenditures paid or incurred by the taxpayer
during the taxable year with respect to a qualified contaminated site
located in an eligible area.
``(b) Qualified Remediation Expenditures.--For purposes of this
section, the term `qualified remediation expenditures' means
expenditures, whether or not chargeable to capital account, in
connection with--
``(1) the abatement or control of any hazardous substance
(as defined in section 198(d)), petroleum, or any petroleum by-
product at the qualified contaminated site in accordance with
an approved remediation and redevelopment plan,
``(2) the complete demolition of any structure on such site
if any portion of such structure is demolished in connection
with such abatement or control,
``(3) the removal and disposal of property in connection
with the activities described in paragraphs (1) and (2), and
``(4) the reconstruction of utilities in connection with
such activities.
For purposes of this section, the term `approved remediation and
redevelopment plan' means any plan for such abatement, control, and
redevelopment of a qualified contaminated site which is approved by the
State development agency for the State in which the qualified
contaminated site is located.
``(c) Credit May Not Exceed Allocation.--
``(1) In general.--The environmental remediation credit
determined under this section with respect to any qualified
contaminated site shall not exceed the credit amount allocated
under this section by the State development agency to the
taxpayer for the remediation and redevelopment plan submitted
by the taxpayer with respect to such site.
``(2) Time for making allocation.--An allocation shall be
taken into account under paragraph (1) for any taxable year
only if made before the close of the calendar year in which
such taxable year begins.
``(3) Manner of allocation.--
``(A) Allocation must be pursuant to plan.--No
amount may be allocated under this subsection to any
qualified contaminated site unless such amount is
allocated pursuant to a qualified allocation plan of
the State development agency of the State in which such
site is located.
``(B) Qualified allocation plan.--For purposes of
this paragraph, the term `qualified allocation plan'
means any plan--
``(i) which sets forth selection criteria
to be used to determine priorities of the State
development agency in allocating credit amounts
under this section, and
``(ii) which gives preference in allocating
credit amounts under this section to qualified
contaminated sites based on--
``(I) the extent of poverty,
``(II) whether the site is located
in an enterprise zone or renewal
community,
``(III) whether the site is located
in the central business district of the
local jurisdiction,
``(IV) the extent of the required
environmental remediation,
``(V) the extent of the commercial,
industrial, or
residential redevelopment of the site in addition to environmental
remediation,
``(VI) the extent of the financial
commitment to such redevelopment, and
``(VII) the amount of new
employment expected to result from such
redevelopment.
``(4) States may impose other conditions.--Nothing in this
section shall be construed to prevent any State from requiring
assurances, including bonding, that any project for which a
credit amount is allocated under this section will be properly
completed or that the financial commitments of the taxpayer are
actually carried out.
``(d) State Environmental Remediation Credit Ceiling.--
``(1) In general.--The State environmental remediation
credit ceiling applicable to any State for any calendar year
shall be an amount equal to the sum of--
``(A) the unused State environmental remediation
credit ceiling (if any) of such State for the preceding
calendar year,
``(B) such State's share of the national
environmental remediation credit limitation for the
calendar year,
``(C) the amount of State environmental remediation
credit ceiling returned in the calendar year, plus
``(D) the amount (if any) allocated under paragraph
(3) to such State by the Secretary.
For purposes of subparagraph (A), the unused State
environmental remediation credit ceiling for any calendar year
is the excess (if any) of the sum of the amounts described in
subparagraphs (B), (C), and (D) over the aggregate
environmental remediation credit amount allocated for such
year.
``(2) National environmental remediation credit
limitation.--
``(A) In general.--The national environmental
remediation credit limitation for each calendar year is
$1,000,000,000.
``(B) State's share of limitation.--A State's share
of such limitation is the amount which bears the same
ratio to the limitation applicable under subparagraph
(A) for the calendar year as such State's population
bears to the population of the United States.
``(3) Unused environmental remediation credit carryovers
allocated among certain states.--
``(A) In general.--The unused environmental
remediation credit carryover of a State for any
calendar year shall be assigned to the Secretary for
allocation among qualified States for the succeeding
calendar year.
``(B) Unused environmental remediation credit
carryover.--For purposes of this paragraph, the unused
environmental remediation credit carryover of a State
for any calendar year is the excess (if any) of--
``(i) the unused State environmental
remediation credit ceiling for the year
preceding such year, over
``(ii) the aggregate environmental
remediation credit amount allocated for such
year.
``(C) Formula for allocation of unused
environmental remediation credit carryovers among
qualified states.--Rules similar to the rules of
clauses (iii) and (iv) of section 42(h)(3)(D) shall
apply for purposes of this paragraph.
``(4) Population.--For purposes of this subsection,
population shall be determined in accordance with section
146(j).
``(5) Inflation adjustment.--In the case of any calendar
year after 2004, the $1,000,000,000 amount contained in
paragraph (2) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2003' for `calendar year
1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $500,000.
``(e) Eligible Area; Other Definitions.--For purposes of this
section--
``(1) Eligible area.--
``(A) In general.--The term `eligible area' means
the entire area encompassed by a local governmental
unit if such area contains at least 1 census tract
having a poverty rate of at least 20 percent.
``(B) Areas not within census tracts.--In the case
of an area which is not tracted for population census
tracts, the equivalent county divisions (as defined by
the Bureau of the Census for purposes of defining
poverty areas) shall be used for purposes of
determining poverty rates.
``(C) Use of census data.--Population and poverty
rate shall be determined by the most recent decennial
census data available.
``(2) Qualified contaminated site.--The term `qualified
contaminated site' has the meaning given to such term by
section 198, determined by treating petroleum and petroleum by-
products as hazardous substances.
``(3) Possessions treated as states.--The term `State'
includes a possession of the United States.
``(f) Credit May Be Assigned.--
``(1) In general.--If a taxpayer elects the application of
this subsection for any taxable year, the amount of credit
determined under this section for such year which would (but
for this subsection) be allowable to the taxpayer shall be
allowable to the person designated by the taxpayer. The person
so designated shall be treated as the taxpayer for purposes of
subsection (h).
``(2) Treatment of amounts paid for assignment.--If any
amount is paid to the person who assigns the credit determined
under this section, no portion of such amount or such credit
shall be includible in the payee's gross income.
``(g) Treatment of Potential Responsible Parties.--
``(1) In general.--No credit shall be allowed under this
section to any potential responsible party (within the meaning
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980) with respect to any qualified
contaminated site (including by reason of receiving an
assignment of the credit under subsection (f)) unless at least
25 percent of the cost of remediating such site is borne by
such party.
``(2) Relief from liability for other 75 percent.--If the
requirement of paragraph (1) is met by a potential responsible
party, such party shall not be liable under any Federal law for
any cost taken into account in determining whether such
requirement is met.
``(3) Amounts paid for credit assignment not eligible.--
Amounts paid by a potential responsible party to any person for
the assignment by such person of the credit under subsection
(f)) shall not be taken into account in determining whether the
requirement of paragraph (1) is met.
``(h) Recapture of Credit if Environmental Remediation Not Properly
Completed.--
``(1) In general.--If the State development agency of the
State in which the qualified contaminated site is located
determines that the environmental remediation which is part of
the approved remediation and redevelopment plan for such site
was not properly completed, then the taxpayer's tax under this
chapter for the taxable year in which such determination is
made shall be increased by the credit recapture amount.
``(2) Credit recapture amount.--For purposes of paragraph
(1), the credit recapture amount is an amount equal to the sum
of--
``(A) the aggregate decrease in the credits allowed
to the taxpayer under section 38 for all prior taxable
years which would have resulted if the credit allowable
by reason of this section were not allowed, plus
``(B) interest at the overpayment rate established
under section 6621 on the amount determined under
subparagraph (A) for each prior taxable year for the
period beginning on the due date for filing the return
for the prior taxable year involved.
No deduction shall be allowed under this chapter for interest
described in subparagraph (B).
``(3) Special rules.--
``(A) Tax benefit rule.--The tax for the taxable
year shall be increased under paragraph (1) only with
respect to credits allowed by reason of this section
which were used to reduce tax liability. In the case of
credits not so used to reduce tax liability, the
carryforwards and carrybacks under section 39 shall be
appropriately adjusted.
``(B) No credits against tax.--Any increase in tax
under this subsection shall not be treated as a tax
imposed by this chapter for purposes of determining the
amount of any credit or the tax imposed by section 55.
``(i) Denial of Double Benefit.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified remediation expenditures otherwise
allowable as a deduction for the taxable year which is equal to
the amount of the credit determined for such taxable year under
this section.
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under this section, exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified remediation expenditures
(determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenditures shall be reduced by the amount of such
excess.
``(3) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 52(a)) or a trade or business which is
treated as being under common control with other trades or
businesses (within the meaning of section 52(b)), this
subsection shall be applied under rules prescribed by the
Secretary similar to the rules applicable under subsections (a)
and (b) of section 52.''
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the environmental remediation credit determined
under section 45G(a).''.
(c) No Carrybacks Before Effective Date.--Subsection (d) of section
39 of such Code (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the environmental remediation
credit determined under section 45G may be carried back to a
taxable year ending before the date of the enactment of section
45G.''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Environmental remediation
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Brownfields Revitalization Act of 2004 - Amends the Internal Revenue Code to allow a business tax credit for up to 50 percent of qualified remediation expenditures for contaminated sites (property used in a trade or business on which there has been a release (or threat of release) or disposal of any hazardous substance) in certain poverty-rated areas. Defines "qualified remediation expenditures" as expenditures for: (1) the abatement or control of any hazardous substance, petroleum, or any petroleum by-product at a contaminated site in accordance with a State-approved remediation and redevelopment plan; (2) the complete demolition of a structure; (3) the removal and disposal of property; and (4) the reconstruction of utilities on a contaminated site.
Requires States to allocate credit amounts under an allocation plan that considers specified criteria, including: (1) poverty rates: (2) location of a contaminated site; and (3) the amount of new employment expected to result from redevelopment. Imposes a ceiling on the State environmental remediation credit and limits the national environmental remediation credit for each calendar year to $1 billion. Sets forth special rules for: (1) allocating unused environmental remediation credit carryover amounts among States: (2) adjusting the limitation on the national environmental remediation credit for inflation; (3) assigning portions of the credit; and (4) recapturing credit amounts if a taxpayer fails to properly complete environmental remediation under a State approved remediation and redevelopment plan. | {"src": "billsum_train", "title": "A bill to amend the internal Revenue Code of 1986 to allow taxpayers a credit against income tax for expenditures to remediate contaminated sites."} | 3,174 | 326 | 0.652584 | 1.86255 | 0.758004 | 2.982394 | 10.299296 | 0.911972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Sustainability Act
of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The environmental life-support systems vital to the
Nation's economic and social prosperity are increasingly at
risk.
(2) The Nation's future progress requires the simultaneous
achievement of a well functioning environmental system,
economic viability that creates new jobs and livable
communities that provide access to all for participation in
their governance.
(3) Achieving more sustainable environmental, economic and
social systems will require new research, education and
technology development, and innovative policy approaches that
are flexible and use market mechanisms while engaging relevant
stakeholders from the private and public sectors.
(4) For the Nation to remain competitive in this global
world of increasingly limited natural resources, higher
education institutions need to take immediate steps to create
new research, education and technology development that reflect
the framework of sustainability.
(5) The Nation's institutions of higher education have a
unique role to play in fostering new knowledge, evaluating
policies, and discovering new technologies to address the
persistent and often linked environmental, social and economic
problems that exist.
(6) The Nation's higher education institutions also are
uniquely positioned to prepare the future labor force for
addressing threats to, and seeking opportunities for economic,
environmental, and social sustainability.
(7) The Nation's higher education institutions are places
where approaches that integrate the environmental, social and
economic dimensions can be designed, tested, and refined for
application to real world settings in collaboration with
industry, government and the nonprofit sector.
(8) The Nation's higher education institutions are uniquely
situated to be models of sustainable management and operations
that can provide examples to industry and government of
operational strategies that integrate the basic principles of
environmental, economic, and social sustainability.
(b) Purposes.--The purposes of this Act are--
(1) to provide support to faculty, staff, and students at
institutions of higher education to establish both
administrative and educational sustainability programs on
campus;
(2) to promote and enhance research by faculty and students
at institutions of higher education in sustainability practices
and innovations that assist and improve sustainability; and
(3) to provide support to institutions of higher education
to work with community partners from the business, government,
and nonprofit sectors to design and implement sustainability
programs for application in the community and workplace.
SEC. 3. ESTABLISHMENT OF PROGRAM.
Title VII of the Higher Education Act of 1965 is amended by adding
at the end the following new part:
``PART E--UNIVERSITY SUSTAINABILITY PROGRAMS
``SEC. 771. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary shall make grants to eligible
entities to establish sustainability programs to design and implement
sustainability practices including in the areas of energy management,
green building, waste management, purchasing, transportation, and
toxics management, and other aspects of sustainability that integrate
campus operations with multidisciplinary educational programs and are
applicable to the private and government sectors.
``(b) Period of Grant.--The provision of payments under a grant
under subsection (a) may extend over a period of not more than 4 fiscal
years.
``(c) Definition of Eligible Entities.--For purposes of this part,
the term `eligible entity' means--
``(1) an institution of higher education that grants 2 or
4-year undergraduate degrees, or masters and doctoral degrees,
or both; or
``(2) a non-profit consortia, association, alliance, or
collaboration operating as a partnership of such an institution
with other such institutions.
``SEC. 772. APPLICATIONS.
``(a) In General.--To receive a grant under section 771(a), an
eligible entity shall submit an application to the Secretary at such
time, in such form, and containing such information as the Secretary
may reasonably require.
``(b) Assurances.--Such application shall include assurances that
the eligible entity--
``(1) has developed or shall develop a plan, including an
evaluation component, for the program component established
pursuant to section 773;
``(2) shall use Federal funds received from a grant under
section 771(a) to supplement, not supplant, non-Federal funds
that would otherwise be available for projects funded under
such section;
``(3) shall provide, with respect to any fiscal year in
which such entity receives funds from a grant under section
771(a), non-Federal funds or an in kind contribution in an
amount equal to 20 percent of funds from such grant, for the
purpose of carrying out the program component established in
section 773; and
``(4) shall collaborate with business, government, and the
nonprofit sectors in the development and implementation of its
sustainability plan.
``SEC. 773. USE OF FUNDS.
``Grants made under section 771 may be used by an eligible entity
for the following purposes:
``(1) To develop and implement administrative and
operations practices at institutions of higher education that
test, model, and analyze principles of sustainability.
``(2) To establish multidisciplinary education, research,
and outreach programs at institutions of higher education that
address the environmental, social, and economic dimensions of
sustainability.
``(3) To support research and teaching initiatives that
focus on multidisciplinary and integrated environmental,
economic, and social elements.
``(4) To establish initiatives in the areas of energy
management, green building, waste management, purchasing,
toxics management, transportation, and other aspects of
sustainability.
``(5) To support student, faculty, and staff work at
institutions of higher education to implement, research, and
evaluate sustainable practices.
``(6) To conduct faculty, staff and/or administrator
trainings on the subjects of sustainability and institutional
change.
``(7) To compile, evaluate and disseminate best practices,
case studies, guidelines and standards.
``(8) To conduct efforts to engage external stakeholders
such as business, alumni, and accrediting agencies in the
process of building support for research, education and
technology development for sustainability.
``SEC. 774. REPORTS.
``An eligible entity that receives a grant under section section
771(a) shall submit to the Secretary, for each fiscal year in which the
entity receives amounts from such grant, a report that describes the
work conducted pursuant to section 773, research findings and
publications, administrative savings experienced, and an evaluation of
the program.
``SEC. 775. ALLOCATION REQUIREMENT.
``The Secretary may not make grants under section 771(a) to any
eligible entity in a total amount that is less than $500,000 or more
than $2,000,000.
``SEC. 776. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out section 771(a), $50,000,000 for fiscal year 2006 and such sums as
may be necessary for each of the 5 succeeding fiscal years.
``(b) Availability.--Amounts appropriated under subsection (a) are
authorized to remain available until expended.''. | Higher Education Sustainability Act of 2005 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to make grants to establish sustainability programs at institutions of higher education.
Requires such programs to develop and implement: (1) sustainability practices, including in the areas of energy management, green building, waste management, purchasing, transportation, and toxics management; and (2) other aspects of sustainability that integrate campus operations with multidisciplinary educational programs and are applicable to the private and government sectors. | {"src": "billsum_train", "title": "To direct the Secretary of Education to provide grants to establish sustainability programs, charged with developing and implementing integrated environmental, economic, and social sustainability initiatives through administrative and operational practices as well as multidisciplinary research, education, and outreach at institutions of higher education."} | 1,540 | 100 | 0.561901 | 1.495075 | 1.010249 | 5.1875 | 15.677083 | 0.979167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Home Loan Refinance
Opportunity Act of 2009''.
SEC. 2. MODIFICATION OF QUALIFIED VETERANS' MORTGAGE BONDS PROGRAM TO
ALLOW ELIGIBLE VETERANS TO REFINANCE CURRENT HOME LOANS.
(a) Elimination of Refinance Prohibition for Veterans' Bonds.--
Section 143(b) of the Internal Revenue Code of 1986 (relating to
qualified veterans' mortgage bond defined) is amended--
(1) in paragraph (1) by striking ``residences'' and
inserting ``residences or qualified refinancing loans''; and
(2) in paragraph (3) by striking ``(i)(1),''.
(b) Definition.--Section 143(l) of the Internal Revenue Code of
1986 (relating to additional requirements for qualified veterans'
mortgage bonds) is amended by adding at the end the following:
``(6) Qualified refinancing loan.--For purposes of this
subsection, the term `qualified refinancing loan' means a loan
that is used to refinance acquisition indebtedness (as defined
in subclauses (I) and (II) of section 163(h)(3)(B)(i)) for a
principal residence (within the meaning of section 121).''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of enactment of this Act.
SEC. 3. INFLATION ADJUSTMENT OF STATE VETERANS LIMIT.
(a) In General.--Paragraph (3) of section 143(l) of the Internal
Revenue Code of 1986 (relating to volume limitation) is amended by
adding at the end the following new subparagraph:
``(D) Limitation adjustment based on inflation.--
``(i) In general.--In the case of any
calendar year after 2010, the limit determined
under subparagraph (B) for a State shall be
adjusted for such calendar year by multiplying
such limit by the inflation adjustment factor
for the calendar year.
``(ii) Computation of inflation adjustment
factor.--For purposes of clause (i)--
``(I) In general.--The Secretary
shall, not later than each October 1,
determine and publish in the Federal
Register the inflation adjustment
factor for the succeeding calendar year
in accordance with this clause.
``(II) Inflation adjustment
factor.--The term `inflation adjustment
factor' means, with respect to a
calendar year, a fraction the numerator
of which is the CMHPI for the second
quarter of the calendar year preceding
the calendar year for which the
adjustment is being made, and the
denominator of which is the CMHPI for
the second quarter of calendar year
2009.
``(III) CMHPI.--The term `CMHPI'
means the Conventional Mortgage Home
Price Index compiled by Federal Home
Loan Mortgage Corporation. The CMHPI
for any quarter shall be the CMHPI
first published for such quarter.
``(IV) Limitation.--No adjustment
shall be made under clause (i) for any
year in which the fraction in subclause
(II) is less than 1.''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 4. MODIFICATION OF MATERIALLY HIGHER YIELD FOR MORTGAGES MADE FROM
QUALIFIED VETERANS' MORTGAGE BONDS.
(a) Mortgage Yield Limitation Measured Under General Program
Obligation Provisions.--
(1) Amendment.--Paragraph (3) of section 143(b) of the
Internal Revenue Code of 1986 (relating to qualified veterans'
mortgage bond defined) is amended by inserting ``(other than
paragraph (2) thereof)'' after ``(g)''.
(2) In general.--Subparagraph (C) of section 143(g)(3) of
the Internal Revenue Code of 1986 (relating to requirements
related to arbitrage) is amended by striking ``1.125 percentage
points'' and inserting ``1.50 percentage points''.
(3) Clerical amendment.--Section 143(g)(3) of such Code
(relating to requirements related to arbitrage) is amended in
the heading for subparagraph (C) by striking ``where issuer
does not use full 1.125 percentage points under paragraph (2)''
and inserting ``for certain unused amounts''.
(b) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Veterans Home Loan Refinance Opportunity Act of 2009 - Amends Internal Revenue Code provisions relating to tax-exempt veterans' mortgage bonds to permit: (1) proceeds from such bonds to refinance residences of veterans (currently, bond financing limited to new mortgages); (2) an annual inflation adjustment after 2010 to the amounts of veterans' mortgage bonds that states may issue; and (3) an increase from 1.125 % to 1.50% in the amount by which interest on veterans' mortgages may exceed the yield on a bond issue. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow eligible veterans to use qualified veterans mortgage bonds to refinance home loans, and for other purposes."} | 1,079 | 113 | 0.63397 | 1.633116 | 0.635878 | 1.617647 | 8.490196 | 0.77451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Reform and Compliance
Act of 1992''.
SEC. 2. APPLICATION OF LAWS RELATING TO PART-TIME CAREER EMPLOYEES.
Notwithstanding any other provision of law, sections 3401 through
3408 of title 5, United States Code, shall apply to the House of
Representatives, the Senate, and the Instrumentalities of the Congress
in the same manner and to the same extent as they apply to agencies.
SEC. 3. APPLICATION OF LAWS RELATING TO LABOR STANDARDS AND
OCCUPATIONAL SAFETY AND HEALTH.
(a) In General.--Notwithstanding any other provision of law, the
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) and the Occupational Safety and Health Act of 1970 (29 U.S.C. 651
et seq.) shall, to the extent that they relate to the terms and
conditions of employment (including hiring, promotion or demotion,
salary, benefits, work assignments or reassignments, overtime, and
termination), occupational safety and health, and the rights and
responsibilities of employers and employees, apply with respect to the
Senate, House of Representatives, and Instrumentalities of the Congress
in the same manner and to the same extent as they apply with respect to
a private person.
(b) Right of Appeal.--If an individual referred to in section 4 is
aggrieved by a violation of the laws referred to in subsection (a),
such individual may, after exhausting any procedures established
pursuant to rules or regulations promulgated under section 5, seek
redress in a Federal district court of competent jurisdiction and shall
have the same rights and remedies provided to private persons under the
laws referred to in subsection (a).
SEC. 4. INDIVIDUALS COVERED BY ACT.
This Act shall apply to the following individuals:
(1) A Senator or Representative in, or Resident
Commissioner or Delegate to, the Congress, for purposes of
section 3.
(2) An employee or officer of either House of Congress, of
a committee of either House, or a joint committee of the two
Houses.
(3) An employee of a Member if the pay of the employee is
paid by the Secretary of the Senate or the Clerk of the House
of Representatives.
(4) An employee of an Instrumentality of the Congress.
SEC. 5. REGULATIONS.
(a) The Congress.--Not later than the 120-day period beginning on
the date of enactment of this Act, the House of Representatives and the
Senate shall each promulgate rules and regulations to carry out this
Act as it applies to the respective Houses. Such rules and regulations
shall be consistent with Federal law. If a House of Congress fails to
promulgate such rules and regulations within such time period--
(1) in the case of a failure to promulgate rules and
regulations to apply the Fair Labor Standards Act of 1939 (29
U.S.C. 201 et seq.), the rules and regulations promulgated by
the Secretary of Labor pertaining to such Act shall apply to
such House;
(2) in the case of a failure to promulgate rules and
regulations to apply the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.), the rules and regulations
promulgated by the Secretary of Labor pertaining to such Act
shall apply to such House; and
(3) in the case of a failure to promulgate rules and
regulations to apply sections 3401 through 3408 of title 5,
United States Code, the Secretary of Labor shall promulgate
rules and regulations to make such sections applicable to such
House.
(b) Instrumentalities of the Congress.--Not later than the 120-day
period beginning on the date of enactment of this Act, the head of each
Instrumentality of the Congress shall promulgate rules and regulations
to carry out this Act as it applies to such Instrumentality of the
Congress. Such rules and regulations shall be consistent with Federal
law. If an Instrumentality of the Congress fails to promulgate such
rules and regulations within such time period--
(1) in the case of a failure to promulgate rules and
regulations to apply the Fair Labor Standards Act of 1939 (29
U.S.C. 201 et seq.), the rules and regulations promulgated by
the Secretary of Labor pertaining to such Act shall apply to
such Instrumentality of the Congress;
(2) in the case of a failure to promulgate rules and
regulations to apply the Occupational Safety and Health Act of
1970 (29 U.S.C. 651 et seq.), the rules and regulations
promulgated by the Secretary of Labor pertaining to such Act
shall apply to such Instrumentality of the Congress; and
(3) in the case of a failure to promulgate rules and
regulations to apply sections 3401 through 3408 of title 5,
United States Code, the Secretary of Labor shall promulgate
rules and regulations to make such sections applicable to such
Instrumentality of the Congress.
SEC. 6. DEFINITIONS.
For purposes of this Act, the term ``Instrumentality of the
Congress'' means the Congressional Research Service, the Office of
Technology Assessment, the General Accounting Office, the Government
Printing Office, the Congressional Budget Office, the Copyright Royalty
Tribunal, and, for purposes of section 3, the term ``Instrumentality of
the Congress'' also includes the Library of Congress, the Botanic
Garden, and the Architect of the Capitol. | Congressional Reform and Compliance Act of 1992 - Applies provisions of Federal laws relating to part-time career employment opportunities to the House of Representatives, the Senate, and the instrumentalities of the Congress in the same manner and to the same extent as they apply to executive agencies.
Applies provisions of the Fair Labor Standards Act of 1938 and the Occupational Safety and Health Act of 1970, to the extent that they relate to the terms and conditions of employment, occupational safety and health, and the rights and responsibilities of employers and employees, to the Senate, the House of Representatives, and instrumentalities of the Congress in the same manner and to the same extent as they apply to a private person.
Grants appeal rights to individuals aggrieved by a violation of such laws.
Makes this Act applicable to: (1) Members of Congress; (2) employees and officers of either House of Congress, committees and joint committees; (3) employees of a Member if paid by the Secretary of the Senate or the Clerk of the House; and (4) employees of an instrumentality of the Congress.
Defines "instrumentality of the Congress" as the Congressional Research Service, the Office of Technology Assessment, the General Accounting Office, the Government Printing Office, the Congressional Budget Office, and the Copyright Royalty Tribunal, and, except with respect to provisions concerning part-time employment, the Library of Congress, the Botanic Garden, and the Architect of the Capitol. | {"src": "billsum_train", "title": "Congressional Reform and Compliance Act of 1992"} | 1,231 | 308 | 0.680727 | 2.125993 | 0.829214 | 6.466431 | 3.85159 | 0.946996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New United States Global HIV
Prevention Strategy to Address the Needs of Women and Girls Act of
2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Globally, the United Nations Joint Programme on HIV/
AIDS (UNAIDS) estimates that there are more than 40,000,000
people infected with HIV/AIDS, the vast majority of whom live
in the developing world. For a number of reasons, women and
girls are biologically, socially, and economically more
vulnerable to HIV infection, and today they represent more than
half of all individuals who are infected with HIV worldwide.
(2) In sub-Saharan Africa, women and girls make up 60
percent of those individuals infected with HIV. Data from
several countries in Africa indicate that women ages 15 to 24
are from two and a half to thirteen times more likely to be
infected with HIV as their male counterparts.
(3) Gender disparities in the rates of HIV infection are
the result of a number of factors, including--
(A) inadequate knowledge about how HIV is
transmitted;
(B) lack of access to basic HIV prevention and
reproductive health services;
(C) an inability to negotiate safer sex with
regular partners;
(D) social norms that prevent frank and open
discussions about sex;
(E) a lack of access to female-controlled HIV
prevention methods, such as the female condom and, when
available, microbicides; and
(F) social and economic inequalities based largely
on gender.
(4) Current HIV prevention programs designed to support the
ABC model: ``Abstain, Be faithful, use Condoms'', are not
always effective at addressing the central fact that women and
girls are often powerless to abstain from sex, ensure their
partner's faithfulness, or to insist on condom use even within
marriage, and especially in the case of early- or child-
marriages. Women may also be coerced into unprotected sex and
they often run the risk of being infected by husbands or male
partners in societies where it is common or accepted for men to
have more than one partner.
(5) Recognizing that current international HIV prevention
and protection efforts are failing women and girls, UNAIDS
officially launched the Global Coalition on Women and AIDS on
February 2, 2004, to focus on preventing new HIV infections
among women and girls, promoting equal access to HIV care and
treatment, increasing access to female-controlled prevention
methods such as female condoms, accelerating microbicides
research, protecting women's property and inheritance rights,
supporting ongoing efforts toward reaching universal primary
education for girls, and reducing violence against women.
(6) Violence against women, perpetuated by their intimate
partners, is a major human rights and public health problem
throughout the world and it is also a major contributing factor
to the spread of HIV. According to the World Health
Organization (WHO), one-fifth to one-third of women ages 15 to
49 have experienced some form of physical abuse or sexual
coercion in their lifetimes, the vast majority within marriage.
(7) Unfortunately, current HIV prevention programs do not
place enough importance on responding to violence against
women, changing the social norms that shape the attitudes and
behaviors of men and boys toward women and girls, or using
strategies to promote effective communication among couples on
matters of sex and reproduction.
(8) The fear of domestic violence and the continuing stigma
and discrimination associated with HIV/AIDS prevents many women
from accessing information about HIV/AIDS, getting tested,
disclosing their HIV status, accessing services to prevent
mother-to-child transmission, or receiving treatment and
counseling even when they already know they have been infected
with HIV.
(9) Economic and social disparities between men and women
amplify the effects of stigma and discrimination, the fear of
domestic violence, and other risks of HIV infection faced by
women and girls. Unequal access to education, income, land, and
other productive resources leaves many women and girls
dependent on men for income, housing, sustenance and social
security.
(10) For women and girls, gender discrimination in the
ownership and retention of property also contributes to an
increased risk of sexual abuse, exploitation, and HIV
infection. As women's property rights are violated on a massive
scale by in-laws, relatives, communities, and government
officials, the impact on women and their dependents is
catastrophic. Many women end up homeless or living in slums,
begging for food and water, unable to afford health care or
school fees for their children, and many women resort to
working as commercial sex workers in order to make ends meet.
(11) For many women, the combination of stigma, violence,
and a lack of independent economic means sustains their fear of
abandonment, eviction, or ostracism from their homes and
communities, and can leave many more of them trapped within
relationships where they are vulnerable to HIV infection.
(12) Women also face additional obstacles due to the
pervasiveness of discriminatory legal frameworks that fail to
guarantee equal rights or equal protection before the law. In
many cases, inequitable divorce and property laws make it
difficult for women to leave abusive relationships, and in
countries where laws against gender violence exist,
insufficient resources, coupled with discriminatory practices
by police and courts and a lack of institutional support, leave
women without access to adequate protection.
(13) Recently, numerous studies have emerged indicating
that early or child marriage cannot be considered a protective
factor against HIV infection. These studies show that young
women between the ages of 15-19 who are married are at
significantly higher risk of contracting HIV/AIDS than single
women of the same age, in some cases by as much as 10 percent.
(14) There are several reasons that sexually active
unmarried girls are less vulnerable to HIV infection than
married adolescent girls, including the fact that they tend to
have sex less frequently, are more likely to have sex with
those closer to their own age, and because they are more likely
to use condoms during sex. The result is that in many countries
today, most sexually transmitted HIV infections in females
occur either inside marriage or in relationships women believe
to be monogamous.
(15) Efforts to expand access to education for women and
girls and to increase the age at which they marry are also
critical to increasing the social and economic power of women,
reducing the spread of HIV, and to the attainment of overall
health and development goals. For women and girls, education is
linked to delayed intercourse, increased age-at-marriage,
delayed childbearing, increased child survival, improved
nutrition, and reduced risk of HIV infection, among other
positive outcomes.
(16) Although attendance at school is considered a
protective factor in preventing transmission of HIV, recent
studies indicate that young women between the ages of 15-19 who
are married and do not have children are less likely to be in
school than single women of the same age who do not have
children. In some instances the difference is striking, as in
the case of Nigeria, where 3 percent of young married women are
in school, as compared to 70 percent of young single women.
(17) As a result of these studies, HIV prevention programs
that strictly focus on promoting abstinence-until-marriage and
do not provide comprehensive health and sexuality education
fail to adequately address the true vulnerabilities faced by
women, especially younger women, or to equip them properly with
the full range of tools they need to protect themselves.
(18) A substantial body of evidence also exists to support
the coordination of HIV prevention initiatives, including
programs to prevent the transmission of HIV from mother-to-
child, with existing health care services, especially family
planning and reproductive health programs, as the health and
well-being of women and girls is improved when they have access
to comprehensive care that is designed to address their needs.
(19) Over the last forty years, the United States has made
substantial investments in building basic health care services
for mothers and children, including family planning and
reproductive health care programs. In many cases these programs
serve as a trusted source of health information and resources
to women, both for their own health and well-being, and that of
their children. Frequently, these types of coordinated programs
can also serve as a source of information and resources free
from the stigma frequently associated with stand-alone HIV
prevention programs.
(20) The United States already works to coordinate HIV
prevention services with existing family planning and
reproductive health care programs, as they represent a readily
available platform upon which to build new initiatives. Such
efforts should continue as part of any global expansion of HIV
prevention services in order to produce an efficient and
effective global health policy.
(21) Efforts to increase women's access to comprehensive
prevention information and services, address gender violence,
increase women's economic and social status, and foster
equitable partnerships between women and men are all central to
reducing the spread of HIV/AIDS worldwide and to enhancing the
success of effective treatment and care programs supported by
the United States.
(22) The comprehensive, integrated, five-year strategy to
combat global HIV/AIDS submitted to Congress on February 23,
2004, as required by section 101 of the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (22 U.S.C. 7611), does not adequately focus or provide
sufficient details on United States Government strategies to
prevent HIV infection among women and girls.
SEC. 3. STRATEGY TO PREVENT HIV INFECTIONS ON A COUNTRY-BY-COUNTRY
BASIS.
(a) Statement of Policy.--In order to meet the stated goal of
preventing 7,000,000 new HIV infections, as announced by the President
in his address to Congress on January 28, 2003, it shall be the policy
of the United States to pursue an HIV prevention strategy for each
country for which the United States provides assistance to combat HIV/
AIDS that emphasizes the immediate and ongoing needs of women and girls
in those countries.
(b) Strategy.--Not later than 90 days after the date of the
enactment of this Act, the President shall establish a comprehensive,
integrated, and culturally appropriate HIV prevention strategy for each
country for which the United States provides assistance to combat HIV/
AIDS. Each such strategy shall encompass comprehensive health and HIV
prevention education beyond the ABC model: ``Abstain, Be faithful, use
Condoms'', as a means to reduce HIV infections, particularly among
women and girls, and which strengthens the capacity of the United
States to be an effective leader of the international campaign against
HIV/AIDS. Each such strategy shall also include the following:
(1) Increasing access to female-controlled prevention
methods, most immediately, access to female condoms, and
including training to ensure effective and consistent use of
such condoms.
(2) Accelerating destigmatization of HIV/AIDS, as women are
generally at a disadvantage in combating stigma.
(3) Empowering women and girls to avoid cross-generational
sex and reduce the incidence of early- or child-marriage.
(4) Reducing violence against women.
(5) Supporting the development of microenterprise programs
and other such efforts to assist women in developing and
retaining independent economic means.
(6) Promoting positive male behavior toward women and
girls.
(7) Supporting expanded educational opportunities for women
and girls.
(8) Protecting the property and inheritance rights of
women.
(9) Coordinating HIV prevention services with existing
health care services, including programs intended to reduce the
transmission of HIV between mother-to-child, and family
planning and reproductive health services.
(10) Promoting gender equality by supporting the
development of civil society organizations focused on the needs
of women, and by encouraging the creation and effective
enforcement of legal frameworks that guarantee women equal
rights and equal protection under the law.
(c) Coordination.--
(1) In general.--In formulating each HIV prevention
strategy pursuant to subsection (b), the President shall ensure
that the United States coordinates its overall HIV/AIDS policy
and programs with the national government of the country
involved and with other donor countries and organizations
through the Three Ones Principles. Such coordination shall
include proper consultation and dialogue with both indigenous
and international nongovernmental organizations (including
faith- and community-based organizations) that work to combat
HIV/AIDS or that specifically work to address the needs of
women and girls through comprehensive health care, education,
or income-generating programs.
(2) Definition.--In paragraph (1), the term ``Three Ones
Principles'' means the following three guiding principles which
provide a framework for coordinated action on HIV/AIDS at the
country level, as developed by the United Nations Joint
Programme on HIV/AIDS (UNAIDS) and agreed to by the United
States and other donor countries and organizations on April 25,
2004:
(A) One national HIV/AIDS action framework that
provides the basis for coordinating the work of the
national government and all organizations in a country.
(B) One national HIV/AIDS coordinating authority
for the country, with a broad multi-sector mandate.
(C) One national HIV/AIDS monitoring and evaluation
system for the country.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the appropriate
congressional committees and make available to the public a report
that--
(1) contains a description of each HIV prevention strategy
established pursuant to subsection (b) and a description of any
ongoing United States-supported activities that relate to the
elements of each such strategy as described in paragraphs (1)
through (10) of subsection (b); and
(2) includes a list of the nongovernmental organizations
(including faith- and community-based organizations) in each
country that carry out such activities, the amount and the
source of funding received, and the overall goals and
implementation strategy of such activities
SEC. 4. BALANCING FUNDING FOR HIV PREVENTION METHODS.
(a) Finding.--Congress finds that while in some cases abstinence
programs may help to delay sexual debut among young people, when such
programs are not combined with comprehensive sexuality and life skills
education, these programs can leave young people who eventually do
become sexually active without the appropriate knowledge to protect
themselves from sexually-transmitted diseases such as HIV.
(b) Statement of Policy.--In carrying out the activities required
by the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (22 U.S.C. 7601 et seq.; Public Law 108-25), and
the amendments made by that Act, it shall be the policy of the United
States--
(1) to provide flexibility to support a variety of
culturally appropriate HIV prevention programs that are carried
out in accordance with the HIV prevention strategy for each
country for which the United States provides assistance to
combat HIV/AIDS, as established pursuant to section 3 of this
Act; and
(2) to ensure that unnecessary requirements are not imposed
with respect to how funds made available for such programs can
be obligated and expended.
(c) Amendments to Funding Provisions of Public Law 108-25.--
(1) Sense of congress.--Section 402(b)(3) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7672(b)(3)) is amended by striking ``,
of which such amount at least 33 percent should be expended for
abstinence-until-marriage programs''.
(2) Allocation of funds.--Section 403(a) of such Act (22
U.S.C. 7673(a)) is amended by striking the second sentence.
SEC. 5. DEFINITIONS.
In this Act:
(1) AIDS.--The term ``AIDS'' means the acquired immune
deficiency syndrome.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(3) HIV.--The term ``HIV'' means the human immunodeficiency
virus, the pathogen that causes AIDS.
(4) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to
an individual, an individual who is infected with HIV or living
with AIDS. | New United States Global HIV Prevention Strategy to Address the Needs of Women and Girls Act of 2004 - States that it shall be U.S. policy to: (1) pursue an HIV prevention strategy for each country for which the United States provides assistance to combat HIV/AIDS that emphasizes the needs of women and girls; and (2) support a variety of culturally appropriate HIV prevention programs for each country for which the United States provides HIV/AIDS assistance, and to ensure that unnecessary requirements on fund use are not imposed.
Directs the President to establish a comprehensive and culturally appropriate HIV prevention strategy for each country for which the United States provides assistance to combat HIV/AIDS. Requires each strategy to encompass health and HIV prevention education beyond the ABC model "Abstain, Be faithful, use Condoms" as a means to reduce HIV infections, particularly among women and girls.
Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to eliminate the "abstinence-until-marriage" reference with respect to the sense of Congress' HIV/AIDS funding allocation. | {"src": "billsum_train", "title": "To require the President to establish a comprehensive, integrated, and culturally appropriate HIV prevention strategy that emphasizes the needs of women and girls for each country for which the United States provides assistance to combat HIV/AIDS, and for other purposes."} | 3,536 | 240 | 0.535229 | 1.568765 | 0.7521 | 5.6 | 16.157143 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institution Customer
Protection Act of 2016''.
SEC. 2. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMINATION REQUESTS AND
ORDERS.
(a) Definitions.--In this section--
(1) the term ``appropriate Federal banking agency''--
(A) has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) in the case of an insured credit union, means
the National Credit Union Administration;
(2) the term ``depository institution''--
(A) has the meaning given the term in section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813); and
(B) includes an insured credit union; and
(3) the term ``insured credit union'' has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
(b) Termination Requests or Orders Must Be Material.--
(1) In general.--The appropriate Federal banking agency may
not formally or informally request or order a depository
institution to terminate a specific customer account or group
of customer accounts or to otherwise restrict or discourage a
depository institution from entering into or maintaining a
banking relationship with a specific customer or group of
customers unless--
(A) the agency has a material reason for the
request or order; and
(B) that reason is not based solely on reputation
risk to the depository institution.
(2) Treatment of national security threats.--The
appropriate Federal banking agency shall satisfy the
requirement under paragraph (1) if the agency believes a
specific customer or group of customers is, or is acting as a
conduit for, an entity which--
(A) poses a threat to national security;
(B) is involved in terrorist financing;
(C) is an agency of the Government of Iran, North
Korea, Syria, or any country listed from time to time
on the state sponsor of terrorism list;
(D) is located in, or is subject to the
jurisdiction of, any country described in subparagraph
(C); or
(E) does business with any entity described in
subparagraph (C) or (D), unless the appropriate Federal
banking agency determines that the customer or group of
customers has used due diligence to avoid doing
business with any entity described in subparagraph (C)
or (D).
(c) Notice Requirement.--
(1) In general.--If the appropriate Federal banking agency
formally or informally requests or orders a depository
institution to terminate a specific customer account or a group
of customer accounts, the agency shall--
(A) provide the request or order to the institution
in writing; and
(B) include with the request or order a written
justification for why the termination is necessary,
including any specific laws or regulations, if any, the
agency believes that the customer or group of customers
are violating.
(2) Justification requirement.--A written justification
under paragraph (1)(B) may not be based solely on the
reputation risk to the depository institution.
(d) Customer Notice.--
(1) Notice required.--Except as provided under paragraph
(2), if the appropriate Federal banking agency orders a
depository institution to terminate a specific customer account
or a group of customer accounts, the depository institution
shall inform the customer or customers of the justification for
the termination of the account or accounts under subsection
(c)(1)(B).
(2) Notice prohibited in cases of national security.--If
the appropriate Federal banking agency requests or orders a
depository institution to terminate a specific customer account
or a group of customer accounts based on a belief that the
customer or customers pose a threat to national security, or
are otherwise described in subsection (b)(2), neither the
depository institution nor the appropriate Federal banking
agency may inform the customer or customers of the
justification for the termination of the account or accounts.
(e) Reporting Requirement.--Each appropriate Federal banking agency
shall issue an annual report to Congress stating--
(1) the aggregate number of specific customer accounts that
the agency requested or ordered a depository institution to
terminate during the 1-year period preceding the issuance of
the report;
(2) the legal authority on which the agency relied in
making the requests and orders described in paragraph (1); and
(3) the frequency with which the agency relied on each
authority described in paragraph (2).
SEC. 3. AMENDMENTS TO THE FINANCIAL INSTITUTIONS REFORM, RECOVERY, AND
ENFORCEMENT ACT OF 1989.
Section 951 of the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1833a) is amended--
(1) in subsection (c)(2), by striking ``affecting a
federally insured financial institution'' and inserting
``against a federally insured financial institution or by a
federally insured financial institution against an unaffiliated
third person''; and
(2) in subsection (g)--
(A) in the subsection heading, by striking
``Subpoenas'' and inserting ``Investigations''; and
(B) by amending paragraph (1)(C) to read as
follows:
``(C) summon witnesses and require the production
of any books, papers, correspondence, memoranda, or
other records which the Attorney General deems relevant
or material to the inquiry, if the Attorney General--
``(i) requests a court order from a court
of competent jurisdiction for such actions and
offers specific and articulable facts showing
that there are reasonable grounds to believe
that the information or testimony sought is
relevant and material for conducting an
investigation under this section; or
``(ii) either personally or through
delegation no lower than the Deputy Attorney
General, issues and signs a subpoena for such
actions and such subpoena is supported by
specific and articulable facts showing that
there are reasonable grounds to believe that
the information or testimony sought is relevant
for conducting an investigation under this
section.''. | Financial Institution Customer Protection Act of 2016 This bill prohibits a federal banking agency from formally or informally suggesting, requesting, or ordering a depository institution to terminate either a specific customer account, or group of customer accounts, or otherwise restrict or discourage it from entering into or maintaining a banking relationship with a specific customer or group of customers, unless: (1) the agency has a material reason to do so, and (2) the reason is not based solely on reputation risk to the institution. The "material reason" criterion shall be satisfied if an agency believes that a specific customer or group of customers poses a threat to national security, including any belief that they are involved in terrorist financing. Unless the appropriate agency determines that the customer or group of customers has used due diligence to avoid doing business with any entity described below, the bill deems the criteria addressing "material reason" to be met if the agency believes a customer or group of customers is, or is acting as, a conduit for an entity which: poses a threat to national security; is involved in terrorist financing; is an agency of the government of Iran, North Korea, Syria, or any country listed from time to time on the state sponsor of terrorism list; is either located in, or subject to the jurisdiction of, any of such countries; or does business with any entity located in such countries. If an appropriate federal banking agency orders a depository institution to terminate a specific customer account or a group of customer accounts, the depository institution shall inform the customer or customers of the justification for the termination. No notice may be given to the customer, however, if the agency requests or orders a depository institution to terminate a customer account (or a group of customer accounts) based upon a belief that customer or those customers pose a threat to national security or are otherwise described above. The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended to revise requirements for summoning witnesses and requiring production of books or other records the Attorney General deems relevant or material to a civil investigation in contemplation of a civil proceeding which may result in civil penalties for specified violations. | {"src": "billsum_train", "title": "Financial Institution Customer Protection Act of 2016"} | 1,337 | 479 | 0.70163 | 2.381269 | 0.869894 | 4.541176 | 2.894118 | 0.884706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Political Speech
Protection Act''.
SEC. 2. TAX-EXEMPT ORGANIZATIONS PERMITTED TO ENGAGE IN POLITICAL
CAMPAIGNS, ETC.
(a) In General.--Paragraph (3) of section 501(c) of the Internal
Revenue Code of 1986 is amended by striking ``which does not
participate in, or intervene in'' and all that follows and inserting
``no substantial part of the activities of which is participating in,
or intervening in (including the publishing or distributing of
statements), any political campaign on behalf of (or in opposition to)
any candidate for public office (except as otherwise provided in
subsection (h)).''.
(b) Expansion of Election Under Section 501(h).--
(1) In general.--So much of subsection (h) of section 501
of such Code as precedes paragraph (2) is amended to read as
follows:
``(h) Expenditures by Public Charities To Influence Legislation or
for Political Campaigns.--
``(1) General rules.--
``(A) Expenditures to influence legislation.--In
the case of an organization to which this subsection
applies, exemption from taxation under subsection (a)
shall be denied because a substantial part of the
activities of such organization consists of carrying on
propaganda, or otherwise attempting, to influence
legislation, but only if such organization normally--
``(i) makes lobbying expenditures in excess
of the lobbying ceiling amount for such
organization for each taxable year, or
``(ii) makes grass roots expenditures in
excess of the grass roots ceiling amount for
such organization for each taxable year.
``(B) Expenditures for political campaigns.--In the
case of an organization to which this subsection
applies, exemption from taxation under subsection (a)
shall be denied because a substantial part of the
activities of such organization consists of
participating in, or intervening in (including the
publishing or distributing of statements), any
political campaign on behalf of (or in opposition to)
any candidate for public office, but only if such
organization normally makes political expenditures (as
defined in section 4911(e)) in excess of the political
campaign ceiling amount for such organization for each
taxable year.''
(2) Political campaign ceiling amount.--Paragraph (2) of
section 501(h) of such Code is amended by adding at the end the
following new subparagraphs:
``(E) Political campaign ceiling amount.--The
political campaign ceiling amount for any organization
is 150 percent of the political campaign nontaxable
amount, determined under section 4911(e).''
(3) Conforming amendment.--Paragraph (7) of section 501(h)
of such Code is amended by striking ``the interpretation'' and
all that follows and inserting ``the interpretation under
subsection (c)(3) of the material following `private
shareholder or individual'.''
(c) Comparable Test for Charitable Contribution Deduction.--
Subparagraph (D) of section 170(c)(2) of such Code is amended by
striking ``and which does not participate in, or intervene in'' and
inserting ``or by reason of participating in, or intervening in''.
(d) Revision of Excise Taxes.--
(1) So much of chapter 41 of such Code as precedes
subsection (c) of section 4911 is amended to read as follows:
``CHAPTER 41--PUBLIC CHARITIES
``Sec. 4911. Tax on excess lobbying and
political expenditures.
``Sec. 4912. Tax on disqualifying
lobbying and political
expenditures of certain
organizations.
``SEC. 4911. TAX ON EXCESS LOBBYING AND POLITICAL EXPENDITURES.
``(a) Tax Imposed.--
``(1) In general.--There is hereby imposed on the excess
lobbying and political expenditures of any organization to
which this section applies a tax equal to 25 percent of the
amount of the excess lobbying and political expenditures for
the taxable year.
``(2) Organizations to which this section applies.--This
section applies to any organization with respect to which an
election under section 501(h) (relating to lobbying and
political expenditures by public charities) is in effect for
the taxable year.
``(b) Excess Lobbying and Political Expenditures.--For purposes of
this section, the term `excess lobbying and political expenditures'
means, for a taxable year, the sum of--
``(1) the greater of--
``(A) the amount by which the lobbying expenditures
made by the organization during the taxable year exceed
the lobbying nontaxable amount for such organization
for such taxable year, or
``(B) the amount by which the grass roots
expenditures made by the organization during the
taxable year exceed the grass roots nontaxable amount
for such organization for such taxable year, plus
``(2) the amount by which the political expenditures made
by the organization during the taxable year exceed the
political campaign nontaxable amount for such organization for
such taxable year.''
(2) Section 4911 of such Code is amended by redesignating
subsections (e) and (f) as subsections (f) and (g) and by
inserting after subsection (d) the following new subsection:
``(e) Definitions Relating to Political Expenditures.--For purposes
of this section--
``(1) Political expenditures.--
``(A) In general.--The term `political expenditure'
means any amount paid or incurred by a section
501(c)(3) organization in any participation in, or
intervention in (including the publication or
distribution of statements), any political campaign on
behalf of (or in opposition to) any candidate for
public office.
``(B) Certain other expenditures included.--In the
case of an organization which is formed primarily for
purposes of promoting the candidacy (or prospective
candidacy) of an individual for public office (or which
is effectively controlled by a candidate or prospective
candidate and which is availed of primarily for such
purposes), the term `political expenditure' includes
any of the following amounts paid or incurred by the
organization:
``(i) Amounts paid or incurred to such
individual for speeches or other services.
``(ii) Travel expenses of such individual.
``(iii) Expenses of conducting polls,
surveys, or other studies, or preparing papers
or other materials, for use by such individual.
``(iv) Expenses of advertising, publicity,
and fundraising for such individual.
``(v) Any other expense which has the
primary effect of promoting public recognition,
or otherwise primarily accruing to the benefit,
of such individual.
``(2) Political campaign nontaxable amount.--
``(A) In general.--The lobbying nontaxable amount
for any organization for any taxable year is the lesser
of (i) $1,000,000 or (ii) the amount determined under
the following table:
``If the exempt purpose The lobbying nontaxable amount is--
expenditures are--
Not over $500,000..............
20 percent of the exempt
purpose expenditures.
Over $500,000 but not over
$1,000,000.
$100,000 plus 15 percent of the
excess of the exempt
purpose expenditures
over $500,000.
Over $1,000,000 but not over
$1,500,000.
$175,000 plus 10 percent of the
excess of the exempt
purpose expenditures
over $1,000,000.
Over $1,500,000................
$225,000 plus 5 percent of the
excess of the exempt
purpose expenditures
over $1,500,000.
``(B) Exempt purpose expenditures.--
``(i) In general.--The term `exempt purpose
expenditures' means, with respect to any
organization for any taxable year, the total of
the amounts paid or incurred by such
organization to accomplish purposes described
in section 170(c)(2)(B) (relating to religious,
charitable, educational, etc., purposes).
``(ii) Certain amounts included.--The term
`exempt purpose expenditures' includes--
``(I) administrative expenses paid
or incurred for purposes described in
section 170(c)(2)(B), and
``(II) political expenditures paid
or incurred (whether or not for
purposes described in section
170(c)(2)(B)).
``(iii) Certain amounts excluded.--The term
`exempt purpose expenditures' does not include
amounts paid or incurred to or for--
``(I) a separate fundraising unit
of such organization, or
``(II) one or more other
organizations, if such amounts are paid
or incurred primarily for
fundraising.''
(3) Subsection (g) of section 4911 of such Code, as
redesignated by paragraph (2), is amended by striking ``excess
lobbying expenditures'' each place it appears and inserting
``excess lobbying and political expenditures''.
(4)(A) Section 4912 of such Code is amended--
(i) in the heading by striking ``lobbying
expenditures'' and inserting ``lobbying and political
expenditures'', and
(ii) in the text by striking ``lobbying
expenditures'' and inserting ``lobbying and political
expenditures''.
(B) Paragraph (2) of section 4912(d) of such Code is
amended to read as follows:
``(2) Organization manager.--The term `organization
manager' means--
``(A) any officer, director, or trustee of the
organization (or individual having powers or
responsibilities similar to those of officers,
directors, or trustees of the organization), and
``(B) with respect to any expenditure, any employee
of the organization having authority or responsibility
with respect to such expenditure.''
(e) Other Conforming Amendments.--
(1) Subchapter C of chapter 42 of such Code is hereby
repealed.
(2) Section 4962 of such Code is amended by striking
subsection (c).
(3) Sections 4963 and 7422(g) of such Code are each amended
by striking ``4955,'' each place it appears.
(4) Paragraph (10) of section 6033(b) of such Code is
amended by adding ``and'' at the end of subparagraph (A), by
striking ``and'' at the end of subparagraph (B), and by
striking subparagraph (C).
(5) Section 6213(e) of such Code is amended by striking
``4955 (relating to taxes on political expenditures),''.
(6) The table of subchapters for chapter 42 of such Code is
amended by striking the item relating to subchapter C.
(7) Section 6852 (relating to termination assessments in
case of flagrant political expenditures of section 501(c)(3)
organizations) is hereby repealed.
(8) Clause (v) of section 6091(b)(1)(B) of such Code is
amended by striking ``or 6852(a)''.
(9) Sections 6211(b)(1) and 6212(c)(1) of such Code are
each amended by striking ``or 6852''.
(10) Sections 6213(a), 6234(e)(3), 6863, and 7429(g) of
such Code are each amended by striking ``, 6852,'' each place
it appears.
(11) Section 7429(a)(1)(A) of such Code is amended by
striking ``6852(a),''.
(12) Paragraph (3) of section 7611(i) of such Code is
amended by striking ``, section 6852 (relating to termination
assessments in case of flagrant political expenditures of
section 501(c)(3) organizations),''.
(13) The table of sections for part I of subchapter A of
chapter 70 of such Code is amended by striking the item
relating to section 6852.
(14) Subchapter A of chapter 76 of such Code is amended by
striking section 7409 and by redesignating section 7410 as
section 7409.
(15) The table of sections for such subchapter A is amended
by striking the last 2 items and inserting the following new
item:
``Sec. 7409. Cross references.''.
(f) Effective Date.--The amendments made by this section shall
apply to expenditures made after the date of the enactment of this Act. | Nonprofit Political Speech Protection Act - Amends the Internal Revenue Code to allow tax-exempt organizations to participate in political campaigns under specified circumstances.Imposes a tax on certain excess lobbying and political expenditures of specified tax-exempt organizations. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 with respect to nonprofit organizations."} | 2,803 | 57 | 0.530282 | 1.13878 | 1.023034 | 2.255814 | 57.325581 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Control of Cellular Towers
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The placement, construction, and modification of
personal wireless services facilities (also known as wireless
facilities) near residential communities and facilities such as
schools can greatly reduce the value of residential properties,
destroy the views from properties, produce radio frequency
interference, raise concerns about potential long-term health
effects of such facilities, and reduce substantially the desire
to live in the areas of such facilities.
(2) States and local governments have traditionally
regulated development and should be able to exercise control
over the placement, construction, and modification of wireless
facilities through the use of zoning and other land use
regulations relating to the protection of the environment,
public health and safety, and the general welfare of the
community and the public.
(3) The Federal Communications Commission establishes
policies to govern interstate and international communications
by television, radio, wire, satellite, and cable. The
Commission ensures the compliance of such activities with a
variety of Federal laws, including the National Environmental
Policy Act of 1969 and the National Historic Preservation Act,
in its decision-making on such activities.
(4) Under section 332(c)(7)(A) of the Communications Act of
1934 (47 U.S.C. 332(c)(7)(A)), the Commission defers to State
and local authorities that regulate the placement,
construction, and modification of wireless facilities through
the use of zoning and other land use regulations.
(5) Alternative technologies for the placement,
construction, and modification of wireless facilities may meet
the needs of a wireless services provider in a less intrusive
manner than the technologies proposed by the wireless services
provider, including the use of small towers that do not require
blinking aircraft safety lights, break skylines, or protrude
above tree canopies.
(6) It is in the interest of the Nation that the
requirements of the Commission with respect to the application
of State and local ordinances to the placement, construction
and modification of wireless facilities (for example WT Docket
No. 97-192, ET Docket No. 93-62, RM-8577, and FCC 97-303, 62 FR
47960) be modified so as--
(A) to permit State and local governments to
exercise their zoning and other land use authorities to
regulate the placement, construction, and modification
of such facilities; and
(B) to place the burden of proof in civil actions,
and in actions before the Commission and State and
local authorities relating to the placement,
construction, and modification of such facilities, on
the person that seeks to place, construct, or modify
such facilities.
(7) PCS-Over-Cable, PCS-Over-Fiber Optic, and satellite
telecommunications systems, including Low-Earth Orbit
satellites, offer a significant opportunity to provide so-
called ``911'' emergency telephone service throughout much of
the United States without unduly intruding into or effecting
the environment, public health and safety, and the general
welfare of the community and the public.
(8) The Federal Aviation Administration must rely upon
State and local governments to regulate the placement,
construction, and modification of telecommunications facilities
near airports or high-volume air traffic areas such as
corridors of airspace or commonly used flyways. The proposed
rules of the Commission to preempt State and local zoning and
other land-use regulations for the siting of such facilities
will have a serious negative impact on aviation safety, airport
capacity and investment, the efficient use of navigable
airspace, public health and safety, and the general welfare of
the community and the public.
(9) The telecommunications industry and its experts should
be expected to have access to the best and most recent
technical information and should therefore be held to the
highest standards in terms of their representations,
assertions, and promises to governmental authorities.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal certain limitations on State and local
authority regarding the placement, construction, and
modification of personal wireless services facilities under
section 332(c)(7) of the Communications Act of 1934 (47 U.S.C.
332(c)(7)).
(2) To permit State and local governments--
(A) to regulate the placement, construction, or
modification of personal wireless services facilities
with respect to their impacts on land use, including
radio frequency interference and radio frequency
radiation, in order to protect the environment, public
health and safety, and the general welfare of the
community and the public;
(B) to regulate the placement, construction, and
modification of personal wireless services facilities
so that they will not interfere with the safe and
efficient use of public airspace or otherwise compromise or endanger
the public health and safety and the general welfare of the community
and the public; and
(C) to hold accountable applicants for permits for
the placement, construction, or modification of
personal wireless services facilities, and providers of
services using such facilities, for the truthfulness
and accuracy of representations and statements placed
in the record of hearings for permits, licenses, or
approvals for such facilities.
SEC. 3. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF PERSONAL WIRELESS SERVICES FACILITIES.
(a) Limitations on State and Local Regulation of Facilities.--
Subparagraph (B) of section 332(c)(7) of the Communications Act of 1934
(47 U.S.C. 332(c)(7)) is amended--
(1) by striking clause (iv);
(2) by redesignating clause (v) as clause (iv); and
(3) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``may,
within 30 days'' and all that follows through the end
of the sentence and inserting ``may commence an action
in any court of competent jurisdiction. Such action
shall be commenced within 30 days after such action or
failure to act unless the State concerned has
established a different period for the commencement of
such action.''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a personal
wireless services facility is a party, such person
shall bear the burden of proof, regardless of who
commences such action.''.
(b) Prohibition on Adoption of Rule Regarding Relief From State and
Local Regulation of Facilities.--Notwithstanding any other provision of
law, the Federal Communications Commission shall not adopt as a final
rule or otherwise directly or indirectly implement any portion of the
proposed rule set forth in ``Procedures for Reviewing Requests for
Relief From State and Local Regulation Pursuant to Section
332(c)(7)(B)(v) of the Communications Act of 1934'', WT Docket No. 97-
192, released August 25, 1997.
(c) Authority Over Placement, Construction, and Modification of
Facilities.--Such section 332(c)(7) is further amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Additional limitations.--
``(i) Authority to require least intrusive
facilities.--
``(I) In general.--A State or local
government may deny an application to
place, construct, or modify personal
wireless services facilities on the
basis that alternative technologies,
delivery systems, or structures are
capable of delivering a personal
wireless services signal comparable to
that proposed to be delivered by such
facilities in a manner that is less
intrusive to the community concerned
than such facilities.
``(II) Considerations.--In
determining under subclause (I) the
intrusiveness of technologies, delivery
systems, or structures for personal
wireless services facilities, a State
or local government may consider the
aesthetics of such technologies,
systems, or structures, the
environmental impact of such
technologies, systems, or structures,
and the radio frequency interference or
radiation emitted by such technologies,
systems, or structures.
``(III) Burden of proof.--In any
hearing for purposes of the exercise of
the authority in subclause (I), the
burden shall be on the applicant.
``(ii) Radio interference.--A State or
local government may regulate the location,
height, or modification of personal wireless
services facilities in order to address the
effects of radio frequency interference caused
by such facilities on local communities and the
public.
``(iii) Authority to require studies and
documentation.--No provision of this Act may be
interpreted to prohibit a State or local
government from--
``(I) requiring a person seeking
authority to place, construct, or
modify personal wireless services
facilities to produce--
``(aa) environmental,
biological, and health studies,
engineering reports, or other
documentation of the compliance
of such facilities with radio
frequency exposure limits,
radio frequency interference
impacts, and compliance with
applicable laws, rules, and
regulations governing the
effects of such facilities on
the environment, public health
and safety, and the general
welfare of the community and
the public; and
``(bb) documentation of the
compliance of such facilities
with applicable Federal, State,
and local aviation safety
standards or aviation
obstruction standards regarding
objects effecting navigable
airspace; or
``(II) refusing to grant authority
to such person to place, construct, or
modify such facilities within the
jurisdiction of such government if such
person fails to produce studies,
reports, or documentation required
under subclause (I).
``(iv) Construction.--Nothing in this
subparagraph may be construed to prohibit or
otherwise limit the authority of a State or
local government to ensure compliance with or
otherwise enforce any statements, assertions,
or representations filed or submitted by or on
behalf of an applicant with the State or local
government for authority to place, construct,
or modify personal wireless services facilities
within the jurisdiction of the State or local
government.''. | Local Control of Cellular Towers Act - Amends the Communications Act of 1934 to repeal the prohibition against a State or local government regulating the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with emission regulations of the Federal Communications Commission (FCC).Requires, in any action in which a person is seeking to place, construct, or modify such a facility, that person to bear the burden of proof, regardless of who commences the action.Prohibits the FCC from adopting a final rule or otherwise implementing any portion of a proposed FCC rule regarding relief from State and local regulation of such facilities.Allows a State or local government to deny an application to place, construct, or modify such facilities on the basis that alternative technologies, systems, or structures are capable of delivering such services in a manner less intrusive to the local community. Requires the burden of proving the appropriateness of proposed facilities to be the applicant's.Allows a State or local government to regulate the location, height, or modification of such facilities in order to address the effects of radio frequency interference on local communities and the public.Prohibits the Act from being interpreted to prohibit a State or local government from requiring environmental or other studies, reports, or documentation concerning the placement, construction, or modification of such facilities. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to clarify and reaffirm State and local authority to regulate the placement, construction, and modification of personal wireless services facilities, and for other purposes."} | 2,208 | 312 | 0.572543 | 1.769289 | 0.744997 | 3.633588 | 7.996183 | 0.923664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Right To Know Act''.
SEC. 2. MATERIAL TO BE INCLUDED IN ANNUAL REPORT OF TRUSTEES.
Section 201(c) of the Social Security Act (42 U.S.C. 401(c)) is
amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``paragraph (2)'' and inserting
``subparagraph (B)'';
(3) by inserting ``(1)'' after ``(c)'';
(4) by redesignating the undesignated text following
subparagraph (E) (as redesignated by paragraph (1) of this
section) as paragraph (2);
(5) by moving the last sentence of paragraph (2) (as
redesignated by paragraph (4) of this section) so that it
follows the fifth sentence of paragraph (1) (as redesignated by
paragraph (3) of this section);
(6)(A) by moving the text of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section) beginning with ``be printed as a House document'' and
ending with ``the report is made'' so that it follows ``shall''
in the first sentence of paragraph (2) (as redesignated by
paragraph (4) of this section);
(B) by striking the remainder of the fifth sentence of
paragraph (2) (as redesignated by paragraph (4) of this
section); and
(C) by inserting ``and'' after the text so moved;
(7) in the fourth sentence of paragraph (2) (as
redesignated by paragraph (4) of this section), by striking
``Such report shall also include an'' and inserting the
following:
``(C) An'';
(8) in the third sentence of paragraph (2) (as redesignated
by paragraph (4) of this section), by striking ``Such report
shall include an'' and inserting the following:
``(B) An'';
(9) in the first sentence of paragraph (2) (as redesignated
by paragraph (4) of this section)--
(A) by striking ``(2) above'' after ``paragraph''
and inserting ``(1)(B)''; and
(B) by striking ``shall include a statement'' and
inserting ``shall include the following:
``(A) A statement'';
(10) by inserting after subparagraph (C) (as redesignated
by paragraph (7) of this section) the following:
``(D) A statement, in terms of inflation-adjusted dollars,
present discounted value, and nominal dollars, of--
``(i) the aggregate amount of the unfunded long-
term projected liability of the social security system
and any change in that amount from the preceding year;
and
``(ii) the amount of deficit or surplus that the
social security system will run in the last year of
such long-term projection period, with any aggregate
assets or liabilities held by the Trust Funds in that
final projected year.
``(E) The economic model and relevant data used to make the
financial projections required to be reported under this
paragraph, including any changes in the model and data from the
preceding year.
``(F) A conspicuous summary of the items required by
clauses (i) and (ii) of subparagraph (D), in terms of
inflation-adjusted dollars.
``(G) An explanation that states in substance that the
Trust Funds balances reflect resources authorized by Congress
to pay future social security benefits, but do not consist of
real economic assets that can be used in the future to fund
benefits, and that such balances are claims against the United
States Treasury that, when redeemed, must be financed through increased
taxes, public borrowing, benefit reduction, or elimination of other
Federal expenditures.''.
SEC. 3. MATERIAL TO BE INCLUDED IN SOCIAL SECURITY ACCOUNT STATEMENT.
Section 1143(a) of the Social Security Act (42 U.S.C. 1320b-13(a))
is amended--
(1) in paragraph (2)(C) by striking ``and'';
(2) in paragraph (2)(D) by striking the period and
inserting ``; and'';
(3) in paragraph (2), by adding at the end the following
new subparagraph:
``(E)(i) as determined by the Chief Actuary of the Social
Security Administration--
``(I) a comparison of the annual social security
tax inflows (including amounts appropriated under
subsections (a) and (b) of section 201 of this Act and
section 121(e) of the Social Security Amendments of
1983 (26 U.S.C. 401 note)) to the amount paid in
benefits annually; and
``(II) a statement whether the ratio described in
subclause (I) will result in a cash flow deficit and
what year any such deficit will commence, as well as
the first year in which funds in the Federal Old-Age
and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund will cease to be
sufficient to cover any such deficit and the percentage
of benefits due at that time that could be paid from
the annual social security tax inflows (as that term is
used in subclause (I));
``(ii) the explanation required by section 201(c)(2)(G);
and
``(iii) an explanation, in simple and easily understood
terms, of the average rate of return that a taxpayer can expect
to receive on old-age insurance benefits as compared to the
total amount of social security taxes a taxpayer expects to
pay, including the inflation-adjusted average rate of return
for workers born in every year beginning with 1900, set out in
chart or graph form, with an explanatory caption or legend, as
determined by the Chief Actuary of the Social Security
Administration.''.
SEC. 4. USE OF CONTINUOUS WORK HISTORY SAMPLE FOR STATISTICAL RESEARCH.
(a) Data To Be Made Available.--Notwithstanding any other provision
of law, the Social Security Administration shall make available to the
public the Continuous Work History Sample (referred to in this section
as the ``CWHS'') data administered by such Administration subject to
the restrictions provided for in subsections (b) and (c).
(b) Limitations on Release of Data.--The Office of Research and
Statistics of the Social Security Administration shall make statistical
samples of individual records from the CWHS available to a user if the
user--
(1) agrees to make use of the data from the CWHS solely for
the purpose of conducting statistical research activities;
(2) agrees in writing to such conditions as may be
reasonably determined by the Commissioner of the Social
Security Administration to be necessary to ensure that data
from the CWHS is not made available in individually
identifiable form; and
(3) fully reimburses the Office of Research and Statistics
for the cost of supplying the data.
(c) No Personally Identifiable Information.--To protect privacy,
the Office of Research and Statistics of the Social Security
Administration shall remove all identifiers which can link CWHS records
to the identity of an individual respondent prior to the release of the
data.
(d) Definitions.--In this section--
(1) the term ``Continuous Work History Sample'' means the
statistical sample of individual administrative records held by
the Social Security Administration; and
(2) the term ``user'' means any individual or legal entity,
including an employee of the Federal Government, who receives
access to the Continuous Work History Sample. | Requires social security account statements to contain: (1) a comparison of the annual social security tax inflows to the amount paid in benefits annually and a statement whether the ratio will result in a cash flow deficit and what year such deficit will commence as well as the first year in which funds in the Trust Funds will cease to be sufficient to cover the deficit and the percentage of benefits due at that time that could be paid from annual tax inflows; and (2) an explanation of the average rate of return that a taxpayer can expect to receive on old- age insurance benefits as compared to the total amount of social security taxes a taxpayer expects to pay.
Makes Social Security Administration Continuous Work History Sample data publicly available for statistical research purposes subject to certain limitations. | {"src": "billsum_train", "title": "Social Security Right To Know Act"} | 1,692 | 161 | 0.4008 | 1.113682 | 0.538867 | 5.391892 | 10.864865 | 0.945946 |
SECTION 1. PRESERVATION AND RESTORATION OF HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
Title V of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 1110 Stat. 4153) is amended by striking
section 507 and inserting the following:
``SEC. 507. PRESERVATION AND RESTORATION OF HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to identify historic buildings and structures at
historically black colleges and universities that are in need
of preservation and restoration; and
``(2) to provide grants to historically black colleges and
universities to preserve and restore those buildings and
structures.
``(b) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(2) Historic building or structure.--The term `historic
building or structure' means a building or structure listed, or
eligible to be listed, on the National Register of Historic
Places.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(c) Establishment.--The Secretary shall establish a program to
provide for the preservation and restoration of historic buildings and
structures at historically black colleges and universities.
``(d) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, through the National Trust for
Historic Preservation, shall--
``(1) assess all historic buildings and structures located
at historically black colleges and universities;
``(2) obtain an independent estimate of the complete cost
of restoring, renovating, or rehabilitating the historic
buildings or structures (including the cost of compliance with
applicable laws (including regulations) relating to handicapped
access to the buildings or structures); and
``(3) determine the fiscal capacity of each historically
black college or university to complete the restoration,
renovation, or rehabilitation of the historic buildings and
structures, including the ability of the historically black
college or university to provide the non-Federal share under
subsection (f)(1).
``(e) Grants.--
``(1) In general.--Not less often than once each fiscal
year, the Secretary shall award not less than 15 grants to
historically black colleges and universities to pay the Federal
share of the cost of restoring, renovating, or rehabilitating
historic buildings and structures located on the campuses of
historically black colleges and universities.
``(2) Amount.--
``(A) In general.--The amount of a grant under
paragraph (1) shall be equal to the difference
between--
``(i) the amount required to restore,
renovate, or rehabilitate the historic building
or structure; and
``(ii) unless the non-Federal share is
waived under subsection (f)(2), the amount of
the non-Federal share required under subsection
(f)(1).
``(B) Limitation.--The amount of a grant determined
under subparagraph (A) shall not exceed the cost of
completing the restoration, renovation, or
rehabilitation of a historic building or structure.
``(3) Considerations.--In awarding grants under paragraph
(1), the Secretary shall consider, based on the assessment
under subsection (d), the relative severity of the threat to
the historic value and status of the historic building or
structure, including--
``(A) the extent of the physical deterioration of
the historic building or structure because of lack of
use or inadequate maintenance;
``(B) the demand for use of the historic building
or structure, or the land on which the historic
building or structure is located, because of--
``(i) encroachment from the surrounding
community; or
``(ii) the need to expand the campus of the
historically black college or university; and
``(C) the extent of the lack of resources necessary
to assess the need for, and to pay the cost of,
restoration, renovation, or rehabilitation of historic
buildings or structures located on the campus of the
historically black college or university.
``(4) Conditions.--As a condition of the receipt of a grant
for a historic building or structure under paragraph (1), a
grant recipient shall agree--
``(A) that, for a period of time specified by the
Secretary--
``(i) no alteration shall be made to the
historic building or structure without the
approval of the Secretary;
``(ii) reasonable public access to the
historic building or structure restored,
renovated, or rehabilitated using grant funds
shall be permitted by the grant recipient for
interpretive and educational purposes; and
``(iii) the grant recipient shall not
receive any other funds under the National
Historic Preservation Act (16 U.S.C. 470 et
seq.); and
``(B) to provide the non-Federal share required
under subsection (f)(1) unless the requirement is
waived under subsection (f)(2).
``(f) Cost Sharing.--
``(1) Non-federal share.--The non-Federal share of the cost
of a project to restore, renovate, or rehabilitate a historic
building or structure under this section shall be 30 percent.
``(2) Waiver.--
``(A) In general.--In a case in which the
historically black college or university does not have
an endowment or has an endowment of less than
$50,000,000, the Secretary shall waive the non-Federal
share required under paragraph (1).
``(B) Applicability.--Subparagraph (A) shall apply
to any grant provided to a historically black college
or university under this section after November 12,
1996.
``(g) Funding.--
``(1) In general.--Of funds of the Historic Preservation
Fund established by section 108 of the National Historic
Preservation Act (16 U.S.C. 470h), $60,000,000 shall be made
available to the Secretary to carry out this section for fiscal
year 2003 and each fiscal year thereafter.
``(2) Allocation.--Of amounts made available under
paragraph (1) for a fiscal year, the Secretary shall make a
grant to each historically black college or university, in
order of priority based on the assessment under subsection (d),
in an amount determined under subsection (e)(2).''. | Amends the Omnibus Parks and Public Lands Management Act of 1996 to direct the Secretary of the Interior, acting through the Director of the National Park Service, to establish a program to preserve and restore historic buildings and structures at historically black colleges and universities (institutions).Requires the Secretary, through the National Trust for Historic Preservation, to: (1) assess all such buildings and structures; (2) obtain an independent estimate of the complete cost of restoring them; and (3) determine the fiscal capacity of each institution to complete the restoration.Instructs the Secretary: (1) to award up to 15 grants each fiscal year to pay the Federal share of the cost of restoring such buildings and structures; and (2) in awarding such grants, to consider the relative severity of the threat to such a building's or structure's historic value and status.Requires grant recipients to agree to provide the non-Federal share and, for a period specified by the Secretary, to: (1) make no alteration to the building or structure without the Secretary's approval; (2) allow public access to the restored building or structure for interpretive and educational purposes; and (3) not receive other funds under the National Historic Preservation Act.Requires the non-Federal share of a project's cost to be 30 percent. Waives such non-Federal share for an institution that does not have an endowment or that has an endowment of under $50 million. Applies such waiver to any grant provided to an institution after November 12, 1996. | {"src": "billsum_train", "title": "A bill to provide for the preservation and restoration of historic buildings and structures at historically black colleges and universities."} | 1,489 | 326 | 0.644423 | 1.927245 | 0.937709 | 4.114865 | 4.601351 | 0.912162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Nutrition Improvement Act of
2003''.
SEC. 2. CONSUMPTION OF MILK IN SCHOOLS.
(a) Fluid Milk.--
(1) In general.--Section 9(a) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(a)) is amended by
striking paragraph (2) and inserting the following:
``(2) Fluid milk.--
``(A) In general.--Lunches served by schools
participating in the school lunch program under this
Act--
``(i) shall offer students fluid milk; and
``(ii) shall offer students a variety of
flavored and unflavored milk, as determined by
the school.
``(B) Fluid milk products.--A school or institution
that participates in the school lunch program under
this Act--
``(i) may offer a la carte fluid milk
products to be sold in addition to and, at the
option of the school, adjacent to fluid milk
offered as part of a reimbursable meal; and
``(ii) shall not directly or indirectly
restrict the sale or marketing of fluid milk
products by the school (or by a person approved
by the school) at any time or any place--
``(I) on the school premises; or
``(II) at any school-sponsored
event.''.
(2) Application.--The amendment made by paragraph (1)
applies to an agreement or contract entered into on or after
the date of enactment of this Act.
(b) Increased Consumption of Milk in Schools.--Section 12 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1760) is
amended by adding at the end the following:
``(q) Increased Consumption of Milk in Schools.--
``(1) In general.--To encourage healthier nutritional
environments in schools and institutions receiving funds under
this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et
seq.) (other than section 17 of that Act (42 U.S.C. 1786)), the
Secretary shall establish a program under which any such school
or institution may (in accordance with paragraph (3)) receive
an increase in the reimbursement rate for free and reduced
price meals otherwise payable under this Act and the Child
Nutrition Act of 1966, if the school or institution implements
a plan for improving the nutritional value of meals consumed in
the school or institution by increasing the consumption of
fluid milk in the school, as approved by the Secretary in
accordance with criteria established by the Secretary.
``(2) Plans.--
``(A) In general.--For purposes of the program
established under paragraph (1), the Secretary shall
establish criteria for the approval of plans of schools
and institutions for increasing consumption of fluid
milk.
``(B) Criteria.--An approved plan may--
``(i) establish targeted goals for
increasing fluid milk consumption throughout
the school or institution or at school or
institution activities;
``(ii) improve the accessibility,
presentation, positioning, or promotion of
fluid milk throughout the school or institution
or at school or institution activities;
``(iii) improve the ability of a school or
institution to tailor the plan to the customs
and demographic characteristics of--
``(I) the population of the school
or institution; and
``(II) the area in which the school
or institution is located; and
``(iv) provide--
``(I) packaging, flavor variety,
merchandising, refrigeration, and
handling requirements that promote the
consumption of fluid milk; and
``(II) increased standard serving
sizes for fluid milk consumed in middle
and high schools.
``(C) Administration.--In establishing criteria for
plans under this subsection, the Secretary shall--
``(i) take into account relevant research;
and
``(ii) consult with school food service
professionals, nutrition professionals, food
processors, agricultural producers, and other
groups, as appropriate.
``(3) Reimbursement rates and incentives.--
``(A) In general.--For purposes of administering
the program established under paragraph (1), the
Secretary shall annually provide reimbursement rates
and incentives for free and reduced price meals
otherwise payable under this Act and the Child
Nutrition Act of 1966 of not less than 2 cents and not
more than 10 cents per meal, to reflect the additional
costs incurred by schools and institutions in
increasing the consumption of fluid milk under the
program.
``(B) Criteria.--The Secretary may vary the
increase in reimbursement rates and incentives for free
and reduced price meals based on the degree to which
the school or institution adopts the criteria
established by the Secretary under paragraph (2).''.
SEC. 3. IMPROVED NUTRITION AND PHYSICAL ACTIVITY LEVEL OF CHILDREN.
Section 12 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760) (as amended by section 2(b)) is amended by adding at the
end the following:
``(r) Improved Nutrition and Physical Activity Level of Children.--
``(1) Definition of healthy school environment program.--In
this subsection, the term `healthy school environment program'
means a program that--
``(A) is designed to improve the environment of a
school with respect to the nutrition and physical
activity level of children enrolled in the school; and
``(B) includes steps to improve and make available
healthy food choices (including fruits, vegetables, and
dairy products).
``(2) Program.--The Secretary shall carry out a program to
provide grants to schools that implement healthy school
environment programs.
``(3) Administration.--In carrying out the program, the
Secretary may enter into cooperative agreements with--
``(A) nonprofit organizations;
``(B) educational and scientific institutions;
``(C) Federal, State, and local agencies; and
``(D) other entities that contribute funds or in-
kind services for the program.
``(4) Acceptance of funds.--Notwithstanding any other
provision of law, the Secretary may accept funds from an entity
referred to in paragraph (3) solely for use in carrying out the
program under this subsection.''. | Child Nutrition Improvement Act of 2003 - Amends the Richard B. Russell National School Lunch Act (NSLA) to revise school lunch program requirements relating to fluid milk. Requires school lunches to offer students a variety of flavored and unflavored milk, as determined by the school. Allows schools or institutions participating in the program to offer a la carte fluid milk products to be sold in addition to and, at the school's option, adjacent to fluid milk offered as part of a reimbursable meal. Prohibits program participants from directly or indirectly restricting the sale or marketing of fluid milk products by the school or by a person approved by the school at any time or any place on the school premises or at any school-sponsored event.
Establishes a program of increased reimbursement rates for school lunches under NSLA and for school breakfasts under the Child Nutrition Act of 1966 (CNA), to be provided as an incentive to schools and institutions that increase consumption of fluid milk by children in their meals there.
Establishes a program of grants to schools that implement healthy school environment programs with respect to the nutrition, including availability of healthy food choices, and the physical activity of the children there. | {"src": "billsum_train", "title": "To amend the Richard B. Russell National School Lunch Act to establish programs to promote increased consumption of milk in schools and to improve the nutrition and health of children."} | 1,383 | 264 | 0.709589 | 1.818128 | 0.795727 | 3.857143 | 5.794643 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Administration Act of
1998''.
SEC. 2. MANUFACTURING EXTENSION PARTNERSHIP PROGRAM CENTER EXTENSION.
Section 25(c)(5) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(c)(5)) is amended by striking ``, which
are designed'' and all that follows through ``operation of a Center.''
and inserting in lieu thereof ``. After the sixth year, a Center may
receive additional financial support under this section if it has
received a positive evaluation through an independent review, under
procedures established by the Institute. Such an independent review
shall be required at least every two years after the sixth year of
operation. Funding received for a fiscal year under this section after
the sixth year of operation shall not exceed one third of the capital
and annual operating and maintenance costs of the Center under the
program.''.
SEC. 3. MALCOLM BALDRIGE QUALITY AWARD.
(a) Additional Awards.--Section 17(c)(3) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(3)) is amended by
inserting ``, unless the Secretary determines that a third award is
merited and can be given at no additional cost to the Federal
Government'' after ``in any year''.
(b) Categories.--Section 17(c)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended by
adding at the end the following:
``(D) Health care providers.
``(E) Education providers.''.
SEC. 4. NOTICE.
(a) Redesignation.--Section 31 of the National Institute of
Standards and Technology Act is redesignated as section 32.
(b) Notice.--The National Institute of Standards and Technology Act
(15 U.S.C. 271 et seq.) is amended by inserting after section 30 the
following new section:
``notice
``Sec. 31. (a) Notice of Reprogramming.--If any funds authorized
for carrying out this Act are subject to a reprogramming action that
requires notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such action shall
concurrently be provided to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Notice of Reorganization.--
``(1) Requirement.--The Secretary shall provide notice to the
Committees on Science and Appropriations of the House of
Representatives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later than 15
days before any major reorganization of any program, project, or
activity of the Institute.
``(2) Definition.--For purposes of this subsection, the term
`major reorganization' means any reorganization of the Institute
that involves the reassignment of more than 25 percent of the
employees of the Institute.''.
SEC. 5. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of the
Congress that the National Institute of Standards and Technology
should--
(1) give high priority to correcting all 2-digit date-related
problems in its computer systems to ensure that those systems
continue to operate effectively in the year 2000 and beyond; and
(2) develop contingency plans for those systems that the
Institute is unable to correct in time.
SEC. 6. ENHANCEMENT OF SCIENCE AND MATHEMATICS PROGRAMS.
(a) Definitions.--In this section--
(1) Educationally useful federal equipment.--The term
``educationally useful Federal equipment'' means computers and
related peripheral tools and research equipment that is appropriate
for use in schools.
(2) School.--The term ``school'' means a public or private
educational institution that serves any of the grades of
kindergarten through grade 12.
(b) Sense of the Congress.--
(1) In general.--It is the sense of the Congress that the
Director of the National Institute of Standards and Technology
should, to the greatest extent practicable and in a manner
consistent with applicable Federal law (including Executive Order
No. 12999), donate educationally useful Federal equipment to
schools in order to enhance the science and mathematics programs of
those schools.
(2) Reports.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Director of the National Institute of Standards and Technology
shall prepare and submit to the President a report. The
President shall submit the report to Congress at the same time
as the President submits a budget request to Congress under
section 1105(a) of title 31, United States Code.
(B) Contents of report.--The report prepared by the
Director under this paragraph shall describe any donations of
educationally useful Federal equipment to schools made during
the period covered by the report.
SEC. 7. TEACHER SCIENCE AND TECHNOLOGY ENHANCEMENT INSTITUTE PROGRAM.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 19 the following:
``Sec. 19A. (a) The Director shall establish within the Institute a
teacher science and technology enhancement program to provide for
professional development of mathematics and science teachers of
elementary, middle, and secondary schools (as those terms are defined
by the Director), including providing for the improvement of those
teachers with respect to the understanding of science and the impacts
of science on commerce.
``(b) In carrying out the program under this section, the Director
shall focus on the areas of--
``(1) scientific measurements;
``(2) tests and standards development;
``(3) industrial competitiveness and quality;
``(4) manufacturing;
``(5) technology transfer; and
``(6) any other area of expertise of the Institute that the
Director determines to be appropriate.
``(c) The Director shall develop and issue procedures and selection
criteria for participants in the program.
``(d) The program under this section shall be conducted on an
annual basis during the summer months, during the period of time when a
majority of elementary, middle, and secondary schools have not
commenced a school year.
``(e) The program shall provide for teachers' participation in
activities at the laboratory facilities of the Institute, or shall
utilize other means of accomplishing the goals of the program as
determined by the Director, which may include the Internet, video
conferencing and recording, and workshops and conferences.''.
SEC. 8. OFFICE OF SPACE COMMERCIALIZATION.
(a) Establishment.--There is established within the Department of
Commerce an Office of Space Commercialization (referred to in this
section as the ``Office'').
(b) Director.--The Office shall be headed by a Director, who shall
be a senior executive and shall be compensated at a level in the Senior
Executive Service under section 5382 of title 5, United States Code, as
determined by the Secretary of Commerce.
(c) Functions of the Office; Duties of the Director.--The Office
shall be the principal unit for the coordination of space-related
issues, programs, and initiatives within the Department of Commerce.
The primary responsibilities of the Director, in carrying out the
functions of the Office, shall include--
(1) promoting commercial provider investment in space
activities by collecting, analyzing, and disseminating information
on space markets, and conducting workshops and seminars to increase
awareness of commercial space opportunities;
(2) assisting United States commercial providers in the efforts
of those providers to conduct business with the United States
Government;
(3) acting as an industry advocate within the executive branch
of the Federal Government to ensure that the Federal Government
meets the space-related requirements of the Federal Government, to
the fullest extent feasible, using commercially available space
goods and services;
(4) ensuring that the United States Government does not compete
with United States commercial providers in the provision of space
hardware and services otherwise available from United States
commercial providers;
(5) promoting the export of space-related goods and services;
(6) representing the Department of Commerce in the development
of United States policies and in negotiations with foreign
countries to ensure free and fair trade internationally in the area
of space commerce; and
(7) seeking the removal of legal, policy, and institutional
impediments to space commerce.
SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by adding at the end the following:
``(f) Experimental Program To Stimulate Competitive Technology.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish for fiscal year 1999 a program to be
known as the Experimental Program to Stimulate Competitive
Technology (referred to in this subsection as the `program'). The
purpose of the program shall be to strengthen the technological
competitiveness of those States that have historically received
less Federal research and development funds than those received by
a majority of the States.
``(2) Arrangements.--In carrying out the program, the
Secretary, acting through the Under Secretary, shall--
``(A) enter into such arrangements as may be necessary to
provide for the coordination of the program through the State
committees established under the Experimental Program to
Stimulate Competitive Research of the National Science
Foundation; and
``(B) cooperate with--
``(i) any State science and technology council
established under the program under subparagraph (A); and
``(ii) representatives of small business firms and
other appropriate technology-based businesses.
``(3) Grants and cooperative agreements.--In carrying out the
program, the Secretary, acting through the Under Secretary, may
make grants or enter into cooperative agreements to provide for--
``(A) technology research and development;
``(B) technology transfer from university research;
``(C) technology deployment and diffusion; and
``(D) the strengthening of technological capabilities
through consortia comprised of--
``(i) technology-based small business firms;
``(ii) industries and emerging companies;
``(iii) universities; and
``(iv) State and local development agencies and
entities.
``(4) Requirements for making awards.--
``(A) In general.--In making awards under this subsection,
the Secretary, acting through the Under Secretary, shall ensure
that the awards are awarded on a competitive basis that
includes a review of the merits of the activities that are the
subject of the award.
``(B) Matching requirement.--The non-Federal share of the
activities (other than planning activities) carried out under
an award under this subsection shall be not less than 25
percent of the cost of those activities.
``(5) Criteria for states.--The Secretary, acting through the
Under Secretary, shall establish criteria for achievement by each
State that participates in the program. Upon the achievement of all
such criteria, a State shall cease to be eligible to participate in
the program.
``(6) Coordination.--To the extent practicable, in carrying out
this subsection, the Secretary, acting through the Under Secretary,
shall coordinate the program with other programs of the Department
of Commerce.
``(7) Report.--
``(A) In general.--Not later than 90 days after the date of
the enactment of the Technology Administration Act of 1998, the
Under Secretary shall prepare and submit a report that meets
the requirements of this paragraph to the Secretary. Upon
receipt of the report, the Secretary shall transmit a copy of
the report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science of
the House of Representatives.
``(B) Requirements for report.--The report prepared under
this paragraph shall contain with respect to the program--
``(i) a description of the structure and procedures of
the program;
``(ii) a management plan for the program;
``(iii) a description of the merit-based review process
to be used in the program;
``(iv) milestones for the evaluation of activities to
be assisted under the program in fiscal year 1999;
``(v) an assessment of the eligibility of each State
that participates in the Experimental Program to Stimulate
Competitive Research of the National Science Foundation to
participate in the program under this subsection; and
``(vi) the evaluation criteria with respect to which
the overall management and effectiveness of the program
will be evaluated.''.
SEC. 10. NATIONAL TECHNOLOGY MEDAL FOR ENVIRONMENTAL TECHNOLOGY.
In the administration of section 16 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3711), Environmental
Technology shall be established as a separate nomination category with
appropriate unique criteria for that category.
SEC. 11. INTERNATIONAL ARCTIC RESEARCH CENTER.
The Congress finds that the International Arctic Research Center is
an internationally-supported effort to conduct important weather and
climate studies, and other research projects of benefit to the United
States. It is, therefore, the sense of the Congress that, as with
similar research conducted in the Antarctic, the United States should
provide similar support for this important effort.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Technology Administration Act of 1998 - Amends the National Institute of Standards and Technology Act (NISTA) to provide for the extension of Federal financial assistance to Regional Centers for the Transfer of Manufacturing Technology under the Manufacturing Extension Partnership Program after the sixth year of operation. Permits a Center to receive additional funding if it has received a positive evaluation through an independent review at least every two years after such sixth year. Limits the proportion of funding that a Center may receive from the Government after the sixth year to one-third of its capital and annual operating and maintenance costs under the Program.
(Sec. 3) Amends the Stevenson-Wydler Technology Innovation Act of 1980 respecting the Malcolm Baldrige National Quality Award to: (1) expand the list of categories for awards to include health care providers and education providers; and (2) permit a third award to be made in a subcategory in any year if the Secretary of Commerce determines that it is merited and can be given at no additional cost to the Government.
(Sec. 4) Amends NISTA to require notice of any reprogramming of funds to be provided to the House Committee on Science and the Senate Committee on Commerce, Science, and Transportation concurrently with any such notice provided to the Appropriations Committees. Requires the Secretary to provide 15 days' notice to all such committees before any major reorganization of any program, project, or activity of the Institute.
(Sec. 5) Expresses the sense of the Congress regarding correcting and developing contingency plans for year 2000 date-related computer problems of the Institute.
(Sec. 6) Expresses the sense of the Congress that the Director of the Institute should donate educationally useful Federal equipment to schools to enhance science and mathematic programs. Mandates annual reports to the President.
(Sec. 7) Establishes within the Institute a summer teacher science and technology enhancement program to provide for the professional development of mathematics and science school teachers.
(Sec. 8) Establishes within the Department of Commerce an Office of Space Commercialization to be the principal unit for the coordination of space-related issues, programs, and initiatives within the Department.
(Sec. 9) Directs the Secretary to establish, for FY 1999, the Experimental Program to Stimulate Competitive Technology (EPSCOT) to strengthen the technological competitiveness of States that have historically received less Federal research and development funds than those received by a majority of the States. Directs the Secretary, acting through the Under Secretary, to: (1) enter into arrangements for the coordination of EPSCOT through the State committees established under the Experimental Program to Stimulate Competitive Research (EPSCoR) of the National Science Foundation; and (2) cooperate with any State science and technology council established under EPSCoR and representatives of small business firms and other technology-based businesses. Requires a specified report.
(Sec. 10) Establishes Environmental Technology as a separate nomination category with respect to the National Technology Medal.
(Sec. 11) Expresses the sense of the Congress that the United States should provide support for the International Arctic Research Center that is similar to support provided for Antarctic research. | {"src": "billsum_train", "title": "Technology Administration Act of 1998"} | 3,001 | 694 | 0.663647 | 2.308408 | 0.762126 | 3.961983 | 4.575207 | 0.923967 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Great Black Americans
Commemoration Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Black Americans have served honorably in Congress, in
senior executive branch positions, in the law, the judiciary, and
other fields, yet their record of service is not well known by the
public, is not included in school history lessons, and is not
adequately presented in the Nation's museums.
(2) The Great Blacks in Wax Museum, Inc. in Baltimore,
Maryland, a nonprofit organization, is the Nation's first wax
museum presenting the history of great Black Americans, including
those who have served in Congress, in senior executive branch
positions, in the law, the judiciary, and other fields, as well as
others who have made significant contributions to benefit the
Nation.
(3) The Great Blacks in Wax Museum, Inc. plans to expand its
existing facilities to establish the National Great Blacks in Wax
Museum and Justice Learning Center, which is intended to serve as a
national museum and center for presentation of wax figures and
related interactive educational exhibits portraying the history of
great Black Americans.
(4) The wax medium has long been recognized as a unique and
artistic means to record human history through preservation of the
faces and personages of people of prominence, and historically, wax
exhibits were used to commemorate noted figures in ancient Egypt,
Babylon, Greece, and Rome, in medieval Europe, and in the art of
the Italian renaissance.
(5) The Great Blacks in Wax Museum, Inc. was founded in 1983 by
Drs. Elmer and Joanne Martin, 2 Baltimore educators who used their
personal savings to purchase wax figures, which they displayed in
schools, churches, shopping malls, and festivals in the mid-
Atlantic region.
(6) The goal of the Martins was to test public reaction to the
idea of a Black history wax museum and so positive was the response
over time that the museum has been heralded by the public and the
media as a national treasure.
(7) The museum has been the subject of feature stories by CNN,
the Wall Street Journal, the Baltimore Sun, the Washington Post,
the New York Times, the Chicago Sun Times, the Dallas Morning News,
the Los Angeles Times, USA Today, the Afro American Newspaper,
Crisis, Essence Magazine, and others.
(8) More than 300,000 people from across the Nation visit the
museum annually.
(9) The new museum will carry on the time honored artistic
tradition of the wax medium; in particular, it will recognize the
significant value of this medium to commemorate and appreciate
great Black Americans whose faces and personages are not widely
recognized.
(10) The museum will employ the most skilled artisans in the
wax medium, use state-of-the-art interactive exhibition
technologies, and consult with museum professionals throughout the
Nation, and its exhibits will feature the following:
(A) Blacks who have served in the Senate and House of
Representatives of the United States, including those who
represented constituencies in Alabama, Florida, Georgia,
Louisiana, Mississippi, North Carolina, South Carolina, and
Virginia during the 19th century.
(B) Blacks who have served in the judiciary, in the
Department of Justice, as prominent attorneys, in law
enforcement, and in the struggle for equal rights under the
law.
(C) Black veterans of various military engagements,
including the Buffalo Soldiers and Tuskegee Airmen, and the
role of Blacks in the settlement of the western United States.
(D) Blacks who have served in senior executive branch
positions, including members of Presidents' Cabinets, Assistant
Secretaries and Deputy Secretaries of Federal agencies, and
Presidential advisers.
(E) Other Blacks whose accomplishments and contributions to
human history during the last millennium and to the Nation
through more than 400 years are exemplary, including Black
educators, authors, scientists, inventors, athletes, clergy,
and civil rights leaders.
(11) The museum plans to develop collaborative programs with
other museums, serve as a clearinghouse for training, technical
assistance, and other resources involving use of the wax medium,
and sponsor traveling exhibits to provide enriching museum
experiences for communities throughout the Nation.
(12) The museum has been recognized by the State of Maryland
and the City of Baltimore as a preeminent facility for presenting
and interpreting Black history, using the wax medium in its highest
artistic form.
(13) The museum is located in the heart of an area designated
as an empowerment zone, and is considered to be a catalyst for
economic and cultural improvements in this economically
disadvantaged area.
SEC. 3. ASSISTANCE FOR NATIONAL GREAT BLACKS IN WAX MUSEUM AND JUSTICE
LEARNING CENTER.
(a) Assistance for Museum.--Subject to subsection (b), the Attorney
General, acting through the Office of Justice Programs of the
Department of Justice, shall, from amounts made available under
subsection (c), make a grant to the Great Blacks in Wax Museum, Inc. in
Baltimore, Maryland, to be used only for carrying out programs relating
to civil rights and juvenile justice through the National Great Blacks
in Wax Museum and Justice Learning Center.
(b) Grant Requirements.--To receive a grant under subsection (a),
the Great Blacks in Wax Museum, Inc. shall submit to the Attorney
General a proposal for the use of the grant, which shall include
detailed plans for the programs referred to in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000, to remain available
through the end of fiscal year 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Great Black Americans Commemoration Act of 2004 - Directs the Attorney General, acting through the Office of Justice Programs of the Department of Justice, to make a grant to the Great Blacks in Wax Museum, Inc. in Baltimore, Maryland, to be used only for carrying out programs relating to civil rights and juvenile justice through the National Great Blacks in Wax Museum and Justice Learning Center.
Authorizes appropriations in a specified amount to remain available through FY 2009. | {"src": "billsum_train", "title": "A bill to authorize assistance for the National Great Blacks in Wax Museum and Justice Learning Center."} | 1,230 | 103 | 0.440472 | 1.417519 | 0.461503 | 8.218391 | 13.816092 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stronger Tobacco Warning Labels to
Save Lives Act''.
SEC. 2. AMENDMENT TO FEDERAL CIGARETTE AND LABELING ADVERTISING ACT.
(a) Amendment.--The Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1331 et seq.) is amended by striking section 4 and inserting
the following:
``SEC. 4. LABELING.
``(a) Label.--
``(1) In general.--It shall be unlawful for any person to
manufacture, package, or import for sale or distribution within
the United States any cigarettes the package of which fails to
bear, in accordance with the requirements of this section, a
warning label.
``(2) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate
regulations describing the warning label required by paragraph
(1).
``(3) Content of label.--The regulations promulgated under
paragraph (2) shall ensure that the text of each warning label
addresses one of the following:
``(A) Diseases or fatal health conditions caused by
cigarette smoking.
``(B) Any physical addiction that results from
cigarette smoking.
``(C) The influence that cigarette smoking by
adults has on young children and teenagers and the
consequences of such use.
``(D) The health hazards of secondhand smoke from
cigarettes.
``(4) Graphics.--
``(A) In general.--The regulations promulgated
under paragraph (2) shall ensure that each warning
label contains a color graphic or picture that
illustrates or emphasizes to the greatest practicable
extent the message of the text of the corresponding
warning label.
``(B) Contents.--The graphics described in
subparagraph (A) shall enhance the message of the text
of the warning label and may include a color picture of
one of the following:
``(i) A diseased lung, heart, or mouth.
``(ii) An individual suffering from
addiction.
``(iii) Children watching an adult smoke a
cigarette.
``(iv) An individual adversely affected by
secondhand smoke from a cigarette, including
pregnant women or infants.
``(b) Advertising.--It shall be unlawful for any manufacturer or
importer of cigarettes to advertise or cause to be advertised within
the United States any cigarette unless the advertising bears, in
accordance with the requirements of this section, one of the warning
label statements required by subsection (a).
``(c) Requirements for Labeling.--
``(1) Location.--Each label statement required by
subsection (a) shall be located on the upper portion of the
front and back panels of the cigarette package (or carton) and
occupy not less than 50 percent of each panel.
``(2) Type and color.--Each label statement required by
subsection (a) shall be printed in at least 17 point type with
adjustments as determined appropriate by the Secretary. All the
letters in the label shall appear in conspicuous and legible
type, in contrast by typography, layout, or color with all
other printed material on the package, and be printed in a
black-on-white or white-on-black format as determined
appropriate by the Secretary.
``(d) Requirements for Advertising.--
``(1) Location.--Each label statement required by
subsection (b) shall occupy not less than 50 percent of the
area of the advertisement involved.
``(2) Type and color.--
``(A) Type.--Each label statement required by
subsection (b) shall be printed in a point type that is
not less than the following types:
``(i) With respect to whole page
advertisements on broadsheet newspaper--45
point type.
``(ii) With respect to half page
advertisements on broadsheet newspaper--39
point type.
``(iii) With respect to whole page
advertisements on tabloid newspaper--39 point
type.
``(iv) With respect to half page
advertisements on tabloid newspaper--27 point
type.
``(v) With respect to DPS magazine
advertisements--31.5 point type.
``(vi) With respect to whole page magazine
advertisements--31.5 point type.
``(vii) With respect to 28cm x 3 column
advertisements--22.5 point type.
``(viii) With respect to 20cm x 2 column
advertisements--15 point type.
The Secretary may revise the required type sizes as the
Secretary determines appropriate within the 50 percent
requirement.
``(B) Color.--All the letters in the label under
this paragraph shall appear in conspicuous and legible
type, in contrast by typography, layout, or color with
all other printed material and be printed in an
alternating black-on-white and white-on-black format as
determined appropriate by the Secretary.
``(e) Rotation of Label Statements.--
``(1) In general.--Except as provided in paragraph (2), the
label statements specified in subsections (a) and (b) shall be
rotated by each manufacturer or importer of cigarettes
quarterly in alternating sequence on packages of each brand of
cigarettes manufactured by the manufacturer or importer and in
the advertisements for each such brand of cigarettes in
accordance with a plan submitted by the manufacturer or
importer and approved by the Federal Trade Commission. The
Federal Trade Commission shall approve a plan submitted by a
manufacturer or importer of cigarettes which will provide the
rotation required by this subsection and which assures that all
of the labels required by subsections (a) and (b) will be
displayed by the manufacturer or importer at the same time.
``(2) Application of other rotation requirements.--
``(A) In general.--A manufacturer or importer of
cigarettes may apply to the Federal Trade Commission to
have the label rotation described in subparagraph (C)
apply with respect to a brand style of cigarettes
manufactured or imported by such manufacturer or
importer if--
``(i) the number of cigarettes of such
brand style sold in the fiscal year by the
manufacturer or importer preceding the
submission of the application is less than \1/
4\ of 1 percent of all the cigarettes sold in
the United States in such year; and
``(ii) more than \1/2\ of the cigarettes
manufactured or imported by such manufacturer
or importer for sale in the United States are
packaged into brand styles which meet the
requirements of clause (i).
If an application is approved by the Commission, the
label rotation described in subparagraph (C) shall
apply with respect to the applicant during the 1-year
period beginning on the date of the application
approval.
``(B) Plan.--An applicant under subparagraph (A)
shall include in its application a plan under which the
label statements specified in subsection (a) will be
rotated by the applicant manufacturer or importer in
accordance with the label rotation described in
subparagraph (C).
``(C) Other rotation requirements.--Under the label
rotation which the manufacturer or importer with an
approved application may put into effect, each of the
labels specified in subsection (a) shall appear on the
packages of each brand style of cigarettes with respect
to which the application was approved an equal number
of times within the 12-month period beginning on the
date of the approval by the Commission of the
application.
``(f) Application of Requirement.--Subsection (a) does not apply to
a distributor or a retailer of cigarettes who does not manufacture,
package, or import cigarettes for sale or distribution within the
United States.
``(g) Cigars; Pipe Tobacco.--
``(1) In general.--The Secretary shall promulgate such
regulations as may be necessary to establish warning labels for
cigars and pipe tobacco. Such regulations shall require
content-specific messages regarding health hazards posed by
cigars and pipe tobacco, include graphic illustrations of such
content messages, as is required under subsection (a), and be
formatted in a clear and unambiguous manner, as is required
under subsection (a).
``(2) Definitions.--In this subsection:
``(A) Cigar.--The term `cigar' means any roll of
tobacco wrapped in leaf tobacco or in any substance
containing tobacco (other than any roll of tobacco that
is a cigarette or cigarillo).
``(B) Pipe tobacco.--The term `pipe tobacco' means
any loose tobacco that, because of the appearance,
type, packaging or labeling of such tobacco, is likely
to be offered to, or purchased by, consumers as a
tobacco to be smoked in a pipe.''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of enactment of this section.
SEC. 3. AMENDMENT TO THE COMPREHENSIVE SMOKELESS TOBACCO HEALTH
EDUCATION ACT OF 1986.
(a) Amendment.--The Comprehensive Smokeless Tobacco Health
Education Act of 1986 (15 U.S.C. 4401 et seq.) is amended by striking
section 3 and inserting the following:
``SEC. 3. SMOKELESS TOBACCO WARNING.
``(a) General Rule.--
``(1) Label on package.--It shall be unlawful for any
person to manufacture, package, or import for sale or
distribution within the United States any smokeless tobacco
product unless the product package bears, in accordance with
the requirements of this section, a warning label.
``(2) Label in advertisements.--It shall be unlawful for
any manufacturer, packager, or importer of smokeless tobacco
products to advertise or cause to be advertised within the
United States any smokeless tobacco product unless the
advertising bears, in accordance with the requirements of this
Act, one of the labels required by paragraph (1).
``(b) Regulations.--Not later than 1 year after the date of
enactment of this section, the Secretary shall promulgate regulations
describing the warning labels required under subsection (a).
``(c) Content of Label.--The regulations promulgated under
subsection (b) shall ensure that the text of each warning label
addresses one of the following:
``(1) Diseases resulting from use of smokeless tobacco
products.
``(2) Any physical addiction that results from using
smokeless tobacco products.
``(3) The influence that use of smokeless tobacco products
by adults has on young children and teenagers and the
consequences of such use.
``(d) Number of Labels.--The regulations promulgated under
subsection (b) shall ensure that not less than 2 warning labels are
created for each subject matter described in paragraphs (1), (2), and
(3) of subsection (c). Such regulations shall also require that each
package of smokeless tobacco bear 1 warning label that shall be rotated
in accordance with subsection (g).
``(e) Graphics.--
``(1) In general.--The regulations promulgated under
subsection (b) shall ensure that each warning label required by
subsection (a) contains a color graphic or picture that
illustrates or emphasizes to the greatest practicable extent
the message of the text of the corresponding warning label.
``(2) Contents.--The graphics described in paragraph (1)
shall enhance the message of the text of the warning label and
may include a color picture of one of the following:
``(A) A diseased mouth or other physical effect of
using smokeless tobacco products.
``(B) An individual using a smokeless tobacco
product.
``(C) Children watching an adult use a smokeless
tobacco product.
``(f) Format.--
``(1) Location.--Each label statement required by
subsection (a)(1) shall be located on the principal display
panel of the product and occupy not less than 50 percent of
such panel.
``(2) Type and color.--Each label statement required by
subsection (a)(1) shall be printed in 17 point type with
adjustments as determined appropriate by the Secretary to
reflect the length of the required statement. All the letters
in the label shall appear in conspicuous and legible type in
contrast by typography, layout, or color with all other printed
material on the package and be printed in an alternating black
on white and white on black format as determined appropriate by
the Secretary.
``(g) Advertising and Rotation.--The provisions of sections (d) and
(e)(1) of the Federal Cigarette Labeling and Advertising Act (as
amended by the Stronger Tobacco Warning Labels to Save Lives Act) shall
apply to advertisements for smokeless tobacco products required under
subsection (a)(2) and the rotation of the label statements required
under subsection (a)(1) on such products.
``(h) Application of Requirement.--Subsection (a) does not apply to
a distributor or a retailer of smokeless tobacco products who does not
manufacture, package, or import such products for sale or distribution
within the United States.
``(i) Television and Radio Advertising.--It shall be unlawful to
advertise smokeless tobacco or cigars on any medium of electronic
communications subject to the jurisdiction of the Federal
Communications Commission.''.
(b) Effective Date.--The amendment made by this section shall take
effect 1 year after the date of enactment of this section. | Stronger Tobacco Warning Labels to Save Lives Act - Amends the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to make it unlawful for any person to manufacture, package, or import for sale or distribution within the United States any cigarettes or smokeless tobacco products unless the product package bears, in accordance with the specified requirements of this Act, a warning label on the upper portion of the front and back panels of the cigarette package or carton. Specifies label requirements for advertisements. Requires the rotation of labels for both packages and advertisements in accordance with a Federal Trade Commission approved plan. | {"src": "billsum_train", "title": "To amend the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 to require warning labels for tobacco products."} | 2,941 | 146 | 0.597462 | 1.426456 | 0.703117 | 5.017094 | 23.222222 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Modernization Act''.
SEC. 2. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS TO
SCHOOL LUNCH FACILITIES.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 26 (42 U.S.C. 1769g) the following:
``SEC. 27. LOAN GUARANTEES AND GRANTS TO FINANCE CERTAIN IMPROVEMENTS
TO SCHOOL LUNCH FACILITIES.
``(a) Definitions.--In this section:
``(1) Durable equipment.--The term `durable equipment'
means durable food preparation, handling, cooking, serving, and
storage equipment greater than $500 in value.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or a school food
authority administering or operating a school lunch
program;
``(B) a tribal organization; or
``(C) a consortium that includes a local
educational agency or school food authority described
in subparagraph (A), a tribal organization, or both.
``(3) Infrastructure.--The term `infrastructure' means a
food storage facility, kitchen, food service facility,
cafeteria, dining room, or food preparation facility.
``(4) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(5) School food authority.--The term `school food
authority' has the meaning given the term in section 210.2 of
title 7, Code of Federal Regulations (or a successor
regulation).
``(6) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(b) Loan Guarantees for Assistance to Schools for Infrastructure
Improvements and Durable Equipment Necessary To Provide Healthy Meals
Through School Lunch Programs.--
``(1) Authority to guarantee loans.--The Secretary shall
issue a loan guarantee to an eligible entity for purposes of
financing the construction, remodeling, or expansion of
infrastructure or the purchase of durable equipment that the
Secretary determines will assist the eligible entity in
providing healthy meals through a school lunch program.
``(2) Competitive basis.--Subject to paragraph (3), the
Secretary shall select eligible entities to receive a loan
guarantee under this subsection on a competitive basis.
``(3) Preferences.--In issuing a loan guarantee under this
subsection, the Secretary shall give a preference to an
eligible entity that, as compared with other eligible entities
seeking a loan guarantee under this subsection, the Secretary
determines demonstrates substantial or disproportionate--
``(A) need for infrastructure improvement; or
``(B) durable equipment need or impairment.
``(4) Oversight.--The Secretary shall establish procedures
to enable the Secretary to oversee the construction,
remodeling, or expansion of infrastructure or the purchase of
durable equipment for which a loan guarantee is issued under
this subsection.
``(5) Guarantee amount.--A loan guarantee issued under this
subsection may not guarantee more than 80 percent of the
principal amount of the loan.
``(6) Fees.--The Secretary shall establish fees with
respect to loan guarantees under this subsection that, as
determined by the Secretary--
``(A) are sufficient to cover all the
administrative costs to the Federal Government for the
operation of the program;
``(B) may be in the form of an application or
transaction fee, or interest rate adjustment; and
``(C) may be based on the risk premium associated
with the loan or loan guarantee, taking into
consideration--
``(i) the price of Treasury obligations of
a similar maturity;
``(ii) prevailing market conditions;
``(iii) the ability of the eligible
infrastructure project to support the loan
guarantee; and
``(iv) the total amount of the loan
guarantee.
``(7) Funding.--
``(A) In general.--To provide loan guarantees under
this subsection, the Secretary shall reserve
$300,000,000 of the loan guarantee authority remaining
and unobligated as of the date of enactment of the
School Food Modernization Act under the program of
community facility guaranteed loans under section
306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.
``(c) Equipment Grants.--
``(1) Authority to make grants.--Beginning in fiscal year
2018 and subject to the availability of appropriations, the
Secretary shall make grants, on a competitive basis, to
eligible entities to assist the eligible entities in purchasing
the durable equipment and infrastructure needed to serve
healthier meals and improve food safety.
``(2) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to--
``(A) eligible entities in States that have enacted
comparable statutory grant funding mechanisms or that
have otherwise appropriated funds to assist eligible
entities in purchasing the durable equipment and
infrastructure needed to serve healthier meals and
improve food safety, as determined by the Secretary;
and
``(B) eligible entities that have identified and
are reasonably expected to meet an unmet local or
community need, including through--
``(i) a public-private partnership or
partnership with a food pantry or other low-
income assistance agency; or
``(ii) the provision for or allowance of
kitchen or cafeteria usage by related or
outside community organizations.
``(3) Federal share.--
``(A) In general.--The Federal share of costs for
assistance funded through a grant awarded under this
subsection shall not exceed 80 percent of the total
cost of the durable equipment or infrastructure.
``(B) Matching.--As a condition on receiving a
grant under this subsection, an eligible entity shall
provide matching support in the form of cash or in-kind
contributions.
``(C) Waiver.--The Secretary may waive or vary the
requirements of subparagraphs (A) and (B) if the
Secretary determines that undue hardship or effective
exclusion from participation in the grant program under
this subsection would otherwise result.
``(4) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated such sums as may be necessary to carry out
this subsection for fiscal year 2018 and each
subsequent fiscal year.
``(B) Technical assistance.--The Secretary may use
not more than 5 percent of the amount made available to
carry out this subsection for each fiscal year to
provide technical assistance to applicants and
prospective applicants in preparing applications and
creating financing packages that leverage a mix of
public and private funding sources.''.
SEC. 3. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
The Richard B. Russell National School Lunch Act is amended by
inserting after section 21 (42 U.S.C. 1769b-1) the following:
``SEC. 21A. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL FOOD SERVICE
PERSONNEL.
``(a) In General.--The Secretary shall carry out a grant program
under which the Secretary shall award grants, on a competitive basis,
to provide support to eligible third-party training institutions
described in subsection (b) to develop and administer training and
technical assistance for school food service personnel to meet
nutrition standards under section 4(b)(3) and improve efficacy and
efficiency of the school lunch program under this Act and the school
breakfast program established by section 4 of the Child Nutrition Act
of 1966 (42 U.S.C. 1773).
``(b) Criteria for Eligible Third-Party Institutions.--The
Secretary shall establish specific criteria that eligible third-party
training institutions shall meet to qualify to receive grants under
this section, which shall include--
``(1) a demonstrated capacity to administer effective
training and technical assistance programming to school food
service personnel;
``(2) prior, successful experience in providing or engaging
in training and technical assistance programming or applied
research activities involving eligible entities, school food
service administrators, or directors;
``(3) prior, successful experience in developing relevant
educational training tools or course materials or curricula on
topics addressing child and school nutrition or the updated
nutrition standards under section 4(b)(3); and
``(4) the ability to deliver effective and cost-efficient
training and technical assistance programming to school food
service personnel--
``(A) at training sites that are located within a
proximate geographic distance to schools, central
kitchens, or other worksites; or
``(B) through an online training and assistance
program on topics that do not require in-person
attendance.
``(c) Program Assistance.--The Secretary shall assist the
institutions receiving grants under this section in publicizing and
disseminating training and other project materials and online tools to
the maximum extent practicable.
``(d) Federal Share.--
``(1) In general.--The Federal share of costs for training
and technical assistance funded through a grant awarded under
this section shall not exceed 80 percent of the total cost of
the training and technical assistance.
``(2) Matching.--As a condition of receiving a grant under
this section, the eligible third-party training institution
shall provide matching support in the form of cash or in-kind
contributions.
``(e) Oversight.--The Secretary shall establish procedures to
enable the Secretary--
``(1) to oversee the administration and operation of
training and technical assistance funded through grants awarded
under this section; and
``(2) to ensure that the training and assistance is
operated consistent with the goals and requirements of this
Act.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section for
fiscal year 2018 and each subsequent fiscal year.
``(2) Technical assistance.--The Secretary may use not more
than 5 percent of the amount made available to carry out this
section for each fiscal year to provide technical assistance to
applicants and prospective applicants in preparing applications
and creating financing packages that leverage a mix of public
and private funding sources.''.
SEC. 4. REPORT TO CONGRESS.
Not later than 1 year after funds are made available to carry out
the amendments made by this Act, and annually thereafter, the Secretary
of Agriculture shall submit to Congress a report on the progress of the
Secretary in implementing the amendments made by this Act. | School Food Modernization Act This bill amends the Richard B. Russell National School Lunch Act to direct the Department of Agriculture (USDA) to issue loan guarantees to local educational agencies (LEAs), school food authorities, tribal organizations, and other eligible entities to finance infrastructure improvements or equipment purchases to facilitate their provision of healthy meals through the school lunch program. USDA must give preference to applicants that demonstrate a substantial or disproportionate need for food service infrastructure or durable equipment, and shall establish fees for the loan guarantee program that are sufficient to cover the federal government's administrative costs in operating the program. USDA must also award competitive matching grants to assist LEAs, school food authorities, tribal organizations, and other eligible entities in purchasing the durable equipment and infrastructure they need to serve healthier meals and improve food safety. In doing so, USDA must give grant priority to applicants that: (1) have identified and are reasonably expected to meet an unmet local or community need, and (2) are located in states that have enacted funding measures to assist them with such purchases. In addition, USDA must award competitive matching grants to experienced third-party training institutions to provide school food service personnel with the training and technical assistance they need to: (1) meet school lunch program nutrition standards, and (2) improve the efficacy and efficiency of the school lunch and breakfast programs. | {"src": "billsum_train", "title": "School Food Modernization Act"} | 2,416 | 291 | 0.609916 | 1.810867 | 0.756353 | 2.507692 | 8.542308 | 0.861538 |
SECTION 1. DEDUCTION ALLOWANCE FOR HOME HEALTH CARE AND ADULT DAY AND
RESPITE CARE EXPENSES OF INDIVIDUALS FOR DEPENDENTS WITH
ALZHEIMER'S DISEASE OR RELATED ORGANIC BRAIN DISORDERS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. HOME HEALTH CARE AND ADULT DAY AND RESPITE CARE EXPENSES
FOR DEPENDENTS WITH ALZHEIMER'S DISEASE OR RELATED
ORGANIC BRAIN DISORDERS.
``(a) Deduction Allowed.--In the case of an individual who
maintains a household which includes a qualified dependent of such
individual, there shall be allowed as a deduction the qualified home
health care and adult day respite care expenses of such individual with
respect to such dependent.
``(b) Definitions.--For purposes of this section--
``(1) Qualified dependent.--The term `qualified dependent'
means any individual (including the spouse of the taxpayer but
not including the taxpayer) who--
``(A) has as his principal place of abode the
principal residence of the taxpayer, and is a member of
the taxpayer's household, for more than 180 days of the
calendar year during which the taxable year of the
taxpayer begins,
``(B) is a dependent of the taxpayer (within the
meaning given to such term by subsection (a) of section
152 other than paragraph (9) of such subsection) for
such calendar year, and
``(C) at the close of such calendar year, suffers
from Alzheimer's disease (or a related organic brain
disorder) and is physically or mentally incapable of
caring for himself, as determined by a physician.
``(2) Qualified home health care and adult day and respite
care expenses.--The term `qualified home health care and adult
day and respite care expenses' means the excess of--
``(A) the reasonable and necessary expenses paid or
incurred by the taxpayer for--
``(i) household services for a qualified
dependent, and
``(ii) the care (including respite care) of
such dependent in the home or in an adult day
care center, over
``(B) the reasonable and necessary expenses such
taxpayer would have paid or incurred for household
services for, and the care of, such qualified dependent
if such dependent had been capable of caring for
himself.
``(3) Physician.--The term `physician' has the meaning
given to such term by section 1861(r) of the Social Security
Act (42 U.S.C. 1395x(r)).
``(c) Special Rules.--For purposes of this section--
``(1) Maintaining a household.--An individual shall be
treated as maintaining a household for any period only if over
half the cost of maintaining the household for such period is
furnished by such individual (or, if the individual is married,
by the individual and his spouse).
``(2) Married couple must file joint return.--If the
taxpayer is married at the close of the taxable year, the
deduction shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return under section 6013
for the taxable year.
``(d) Certification of Diagnosis by Physician.--Any determination
by a physician that--
``(1) an individual suffers from Alzheimer's disease or a
related organic brain disorder, and
``(2) such individual is mentally or physically incapable
of caring for himself,
shall be certified by the physician to the Secretary at such time and
in such manner as the Secretary shall by regulation prescribe.
``(e) Coordination With Sections 21 and 213.--If any amount
allowable as a deduction under this section would (but for this
subsection) also be taken into account for purposes of determining the
amount of any credit allowable under section 21 (relating to expenses
for household and dependent care services necessary for gainful
employment) or any deduction allowable under section 213 (relating to
medical, dental, etc. expenses), this section shall apply only if the
taxpayer elects its application. If this section is elected with
respect to any amount, such amount shall not be taken into account
under section 21 or 213. Such election shall be made at such time and
in such manner as the Secretary shall by regulation prescribe.''
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Section 62(a) of such Code (defining adjusted gross income) is amended
by inserting after paragraph (13) the following new paragraph:
``(14) Qualified home health care and adult day and respite
care expenses.--The deduction allowed by section 220.''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 220. Home health care and adult
day and respite care expenses
for dependents with Alzheimer's
disease or related organic
brain disorders.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992. | Amends the Internal Revenue Code to allow an individual an income tax deduction for qualified home health care and adult day and respite care expenses with respect to a dependent who: (1) resides with the taxpayer; (2) suffers from Alzheimer's disease or a related organic brain disorder; and (3) is physically or mentally incapable of self-care. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction from gross income for home care and adult day and respite care expenses of individual taxpayers with respect to a dependent of the taxpayer who suffer from Alzheimer's disease or related organic brain disorders."} | 1,239 | 73 | 0.620584 | 1.493543 | 1.411457 | 3.585714 | 15.371429 | 0.871429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) according to statistics from the Centers for Disease
Control, more than 5,000 innocent children have lost their
lives due to unintentional deaths related to firearms;
(2) between 1983 and 1994, 5,523 males ranging in ages from
1 to 19, were killed by the unintentional discharge of a
firearm;
(3) a Federal study found that ignorance and carelessness
are the major causes of firearms accidents;
(4) 84 percent of firearms accidents involved people who
did not follow basic safety rules; and
(5) to help reduce the number of firearms accidents, it is
critical to practice and enforce firearms safety rules.
TITLE I--CRIMINAL PROVISIONS
SEC. 101. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(35) The term `locking device' means--
``(A) a device which, if installed on a firearm and secured
by means of a key or a mechanically, electronically, or
electromechanically operated combination lock, prevents the
firearm from being discharged without first deactivating or
removing the device by means of a key or mechanically,
electronically, or electromechanically operated combination
lock; or
``(B) a locking mechanism incorporated into the design of a
firearm which prevents discharge of the firearm by any person
who does not have access to the key or other device designed to
unlock the mechanism and thereby allow discharge of the
firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (y) the following:
``(z) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of the enactment of this
subsection, it shall be unlawful for any licensed manufacturer,
licensed importer, or licensed dealer to sell, deliver, or
transfer a handgun to any person, unless--
``(A) the transferee is provided with a locking
device for that handgun; and
``(B) the handgun is accompanied by the following
warning, which shall appear in conspicuous and legible
type in capital letters, and which shall be printed on
a label affixed to the handgun and on a separate sheet
of paper included in the packaging enclosing the
handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. HANDGUNS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR HANDGUN MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A
MINOR IN MOST CIRCUMSTANCES.'.
``(2) Exceptions.--Paragraph (1) shall not apply to the
sale, delivery, or transfer of a handgun to--
``(A) the United States or a department or agency
of the United States, or a State or a department,
agency, or political subdivision of a State;
``(B) a law enforcement officer (whether on or off-
duty) who is employed by an entity referred to in
subparagraph (A), for law enforcement purposes; or
``(C) a rail police officer (whether on or off-
duty) who is employed by a rail carrier and is
certified or commissioned as a police officer under the
laws of a State, for law enforcement purposes.''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``this subsection,
subsection (b) or (c) of this section,'' and inserting ``this
section''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of section
922(z)(1) by a licensee, the Secretary may, after
notice and opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) impose a civil penalty on the
licensee in an amount that is not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The taking of an action
under paragraph (1) with respect to conduct of a licensee shall
not affect the availability of any other administrative
authority with respect to the conduct.''.
TITLE II--REGULATORY PROVISIONS
SEC. 201. REGULATION OF TRIGGER LOCK DEVICES.
(a) General Authority.--The Secretary of the Treasury (in this
title referred to as the ``Secretary'') shall prescribe such
regulations governing the design, manufacture, and performance of
trigger lock devices, as are necessary to reduce or prevent the
unintentional discharge of handguns.
(b) Minimum Safety Standard.--The regulations required by
subsection (a) shall, at a minimum, set forth a minimum safety standard
that trigger lock devices must meet in order to be manufactured, sold,
transferred, or delivered consistent with this title. In developing the
standard, the Secretary shall give appropriate consideration to trigger
lock devices that are not detachable, but are permanently installed and
incorporated into the design of a handgun. The standard shall include
provisions to ensure that any trigger lock device that meets the
standard is of adequate quality and construction to prevent children
who have not attained 18 years of age from operating a handgun, and to
ensure that such a product cannot be removed from a handgun except
through the use of a key, combination, or other method of access
provided in the design specifications of the manufacturer of the
device.
(c) Deadline for Issuance of Standard.--Within 12 months after the
date of the enactment of this title, the Secretary shall issue in final
form the standard required by subsection (b).
(d) Effective Date of Standard.--The standard issued under
subsection (b) shall take effect 6 months after the date of issuance.
SEC. 202. ORDERS; INSPECTIONS.
(a) In General.--The Secretary may issue an order prohibiting the
manufacture, sale, transfer, or delivery of a trigger lock device which
the Secretary finds has been designed, or has been or is intended to be
manufactured, transferred, or distributed in violation of this title or
a regulation prescribed under this title.
(b) Authority To Require the Recall, Repair, or Replacement of, or
the Provision of Refunds.--The Secretary may issue an order requiring
the manufacturer of, and any dealer in, a trigger lock device which the
Secretary finds has been designed, manufactured, transferred, or
delivered in violation of this title or a regulation prescribed under
this title, to--
(1) provide notice of the risks associated with the device,
and of how to avoid or reduce the risks, to--
(A) the public;
(B) in the case of the manufacturer of the device,
each dealer in the device; and
(C) in the case of a dealer in the device, the
manufacturer of the device and the other persons known
to the dealer as dealers in the device;
(2) bring the device into conformity with the regulations
prescribed under this title;
(3) repair the device;
(4) replace the device with a like or equivalent device
which is in compliance with such regulations;
(5) refund the purchase price of the device, or, if the
device is more than 1 year old, a lesser amount based on the
value of the device after reasonable use;
(6) recall the device from the stream of commerce; or
(7) submit to the Secretary a satisfactory plan for
implementation of any action required under this subsection.
(c) Inspections.--In order to ascertain compliance with this title
and the regulations and orders issued under this title, the Secretary
may, at reasonable times--
(1) enter any place in which trigger lock devices are
manufactured, stored, or held, for distribution in commerce,
and inspect those areas where the devices are manufactured,
stored, or held; and
(2) enter and inspect any conveyance being used to
transport for commercial purposes a trigger lock device.
SEC. 203. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a civil money
penalty not to exceed $10,000 for each violation of this title.
(b) Revocation of Federal Firearms License.--Section 923(e) of
title 18, United States Code, is amended by inserting after the 2nd
sentence the following: ``The Secretary may, after notice and
opportunity for hearing, revoke any license issued under this section
if the holder of the license violates any provision of title II of the
Child Safety Lock and Community Protection Act of 1999 or any rule or
regulation prescribed under such title.''.
(c) Criminal Penalties.--Any person who has received from the
Secretary a notice that the person has violated a provision of this
title or of a regulation prescribed under this title with respect to a
trigger lock device, and who subsequently knowingly violates such
provision with respect to the device shall be fined under title 18,
United States Code, imprisoned not more than 2 years, or both.
SEC. 204. NO EFFECT ON STATE LAW.
This title does not annul, alter, impair, or affect, or exempt any
person subject to the provisions of this title from complying with, any
provision of the law of any State or any political subdivision thereof,
except to the extent that such provisions of State law are inconsistent
with any provision of this title, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent with this
title if such provision affords greater protection in respect of
trigger lock devices than is afforded by this title.
SEC. 205. DEFINITIONS.
In this title:
(1) The term ``trigger lock device'' means any device that
is designed, manufactured, or represented in commerce, as a
means of preventing the unintentional discharge of a handgun.
(2) The terms ``licensed importer'', ``licensed
manufacturer'', ``licensed dealer'', ``Secretary'', and
``handgun'' have the meanings given in paragraphs (9), (10),
(11), (18), and (29), respectively, of section 921(a) of title
18, United States Code.
TITLE III--EDUCATION PROVISIONS
SEC. 301. PORTION OF FIREARMS TAX REVENUE TO BE USED FOR PUBLIC
EDUCATION ON SAFE STORAGE OF FIREARMS.
(a) In General.--Notwithstanding any other provision of law, an
amount equal to 2 percent of the net revenues received in the Treasury
from the tax imposed by section 4181 of the Internal Revenue Code of
1986 (relating to firearms) for each of the first 5 fiscal years
beginning after the date of the enactment of this Act shall be
available, as provided in appropriation Acts, to the Secretary of the
Treasury to carry out public education programs on the safe storage and
use of firearms. Amounts otherwise transferred or made available for
any other purpose by reason of such tax shall be reduced by the amounts
made available to such Secretary under the preceding sentence.
(b) Net Revenues.--For purposes of subsection (a), the term ``net
revenues'' means, with respect to the tax imposed by such section 4181,
the amount estimated by the Secretary of the Treasury based on the
excess of--
(1) the taxes received in the Treasury under such section,
over
(2) the decrease in the tax imposed by chapter 1 of such
Code resulting from such tax. | Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device and specified warnings to any person other than a licensed manufacturer, importer, or dealer, with exceptions for law enforcement officers (including certain rail police officers) and governmental entities.
.
Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license.
Title II: Regulatory Provisions
- Directs the Secretary of the Treasury to prescribe such regulations governing the design, manufacture, and performance of trigger lock devices as are necessary to reduce or prevent the unintentional discharge of handguns. Specifies that such regulations shall, at a minimum, set forth a minimum safety standard that such devices must meet in order to be manufactured, sold, transferred, or delivered consistent with this title.
Requires the Secretary, in developing the standard, to consider such devices that are not detachable, but are permanently installed and incorporated into the design of a handgun. Directs that such standard include provisions to ensure that any such device that meets the standard is of adequate quality and construction to prevent children who have not attained age 18 from operating a handgun, and to ensure that such a product cannot be removed except through the use of a key, combination, or other method of access provided in the manufacturer's design specifications. Directs that the standard be issued in final form within 12 months.
(Sec. 202) Authorizes the Secretary to issue an order prohibiting the manufacture, sale, transfer, or delivery of a trigger lock device which the Secretary finds has been designed, manufactured, transferred, or distributed in violation of this title.
Grants the Secretary specified authority regarding: (1) requiring the recall, repair, replacement, or refund with respect to such devices; and (2) inspections to ascertain compliance.
(Sec. 203) Authorizes the Secretary to assess a civil penalty of up to $10,000 per violation. Amends the Brady Act to authorize the Secretary, after notice and opportunity for hearing, to revoke the Federal firearms license if the holder of the license violates title II of this Act or any rule or regulation prescribed thereunder. Imposes criminal penalties upon anyone who has received from the Secretary a notice that the person has violated a provision of this title or a regulation prescribed under it and subsequently knowingly violates such provision.
(Sec. 204) Allows State law to afford greater protection with respect to trigger lock devices.
Title III: Education Provisions
- Directs that a portion of firearms tax revenue be used for public education programs on the safe storage and use of firearms. | {"src": "billsum_train", "title": "Child Safety Lock Act of 1999"} | 2,817 | 586 | 0.543232 | 1.842278 | 0.709806 | 4.934363 | 4.816602 | 0.911197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief and Investment for Student
Entrepreneurs Act'' or the ``RISE Act''.
SEC. 2. DEFERMENT OF FEDERAL STUDENT LOAN PAYMENTS FOR QUALIFIED
ENTREPRENEURS.
Section 455(f) of the Higher Education Act of 1965 (20 U.S.C.
1087e(f)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(E) subject to paragraph (5), not in excess of 3
years during which the borrower is a qualified
entrepreneur.''; and
(2) by adding at the end the following new paragraph:
``(5) Deferment for qualified entrepreneurs.--
``(A) Definition of qualified entrepreneur.--For
the purpose of this subsection, the term `qualified
entrepreneur' means a borrower who--
``(i) received a degree from an institution
of higher education during the 10-year period
ending on the date on which deferment is
granted under paragraph (2)(E);
``(ii) registered at least 1 business
entity in a State during the 18-month period
ending on such date;
``(iii) raised capital investment of not
less than $30,000 for such business entity; and
``(iv) has an outstanding balance of
principal and interest on loans made under this
part of not less than $5,000.
``(B) Minimum employee requirement.--A borrower
granted deferment under paragraph (2)(E) shall not be
eligible to continue such deferment unless, on the date
that is 1 year after date on which such deferment is
granted, the borrower--
``(i) employs at the business entity
described in subparagraph (A)(ii) not fewer
than 2 full-time employees who are not the
borrower or relatives of the borrower; and
``(ii) pays such employees at a rate not
less than the minimum wage prescribed by the
State in which the business entity is
located.''.
SEC. 3. LOAN CANCELLATION FOR ENTREPRENEURS.
Part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) is further amended by adding at the end the following:
``SEC. 460A. LOAN CANCELLATION FOR ENTREPRENEURS.
``(a) Program Authorized.--The Secretary is authorized to carry out
a program of canceling the obligation to repay a qualified loan amount
in accordance with subsection (b) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part for any
borrower who--
``(1) for not less than a 3-year period ending on the date
of application under this section, has carried out a qualified
HUBZone small business concern listed under section 3(p)(5)(B)
of the Small Business Act, which has been registered as
business in a State; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(b) Qualified Loan Amount.--
``(1) In general.--The Secretary shall cancel not more than
$17,500 in the aggregate of the loan obligation on a Federal
Direct Stafford Loan or a Federal Direct Unsubsidized Stafford
Loan that is outstanding.
``(2) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H, for a borrower who meets
the requirements of subsection (a), as determined in accordance
with regulations prescribed by the Secretary.
``(c) Priority.--The Secretary shall grant loan forgiveness under
this section on a first-come, first-served basis, and subject to the
availability of appropriations.
``(d) Rule of Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan.''.
SEC. 4. PUBLICATION AND REPORT.
(a) Publication.--The Secretary of Education and the Administrator
of the Small Business Administration shall each make available, on
publicly accessible websites of the Department of Education and the
Small Business Administration, respectively, information on the student
loan deferment program for qualified entrepreneurs under section 455(f)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)), as amended by
this Act.
(b) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Education shall submit to
Congress a report that includes--
(1) an assessment of the progress of the Secretary in
carrying out the student loan deferment program for qualified
entrepreneurs under section 455(f) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(f)), as amended by this Act; and
(2) a description of any ongoing efforts to increase
participation in such program. | Relief and Investment for Student Entrepreneurs Act or the RISE Act This bill amends the Higher Education Act of 1965 by allowing a qualified entrepreneur with a loan under the William D. Ford Federal Direct Loan program to defer loan payments for up to 3 years. A "qualified entrepreneur" is a borrower who: (1) has received a degree during the 10-year period before the date of the deferment, (2) has at least one registered business entity, (3) has raised capital of not less than $30,000 for such business entity, and (4) has an outstanding loan balance of not less than $5,000. The Department of Education may cancel up to $17,500 of federal direct and unsubsidized Stafford loans for a borrower who: (1) has operated a small business located in a historically underutilized business zone for at least three years, and (2) is not currently in default on the loan. | {"src": "billsum_train", "title": "RISE Act"} | 1,219 | 195 | 0.602728 | 1.791577 | 0.781315 | 2.544944 | 5.966292 | 0.882022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing the Economy of
Fisheries in the Pacific Act'' or the ``REFI Pacific Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) In 2000, the Secretary of Commerce declared the West
Coast groundfish fishery a Federal fisheries economic disaster
due to low stock abundance, an overcapitalized fleet, and
historically overfished stocks.
(2) Section 212 of the Department of Commerce and Related
Agencies Appropriations Act, 2003 (title II of division B of
Public Law 108-7; 117 Stat. 80) was enacted to establish a
Pacific Coast groundfish fishing capacity reduction program,
also known as a buyback program, to remove excess fishing
capacity.
(3) In 2003, Congress authorized the $35,700,000 buyback
loan, creating the Pacific Coast groundfish fishing capacity
reduction program through the National Marine Fisheries Service
fisheries finance program with a term of 30 years. The interest
rate of the buyback loan was fixed at 6.97 percent and is paid
back based on an ex-vessel fee landing rate not to exceed 5
percent for the loan.
(4) The groundfish fishing capacity reduction program
resulted in the removal of limited entry trawl Federal fishing
permits from the fishery, representing approximately 46 percent
of total landings at the time.
(5) Because of an absence of a repayment mechanism,
$4,243,730 in interest accrued before fee collection procedures
were established in 2005, over 18 months after the groundfish
fishing capacity reduction program was initiated.
(6) In 2011, the West Coast groundfish fishery transitioned
to an individual fishing quota fishery, which is a type of
catch share program.
(7) By 2015, West Coast groundfish fishermen's expenses are
expected to include fees of approximately $450 per day for
observers, a 3-percent cost recovery fee as authorized by the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801) for catch share programs, and a 5-percent ex-
vessel landings rate for the loan repayment, which could reach
18 percent of their total gross revenue.
(8) In 2012, the West Coast groundfish limited entry trawl
fishery generated $63,000,000, an increase from an average of
$45,000,000 during the years 2006 to 2011. This revenue is
expected to continue to increase post-rationalization.
(b) Purpose.--The purpose of this Act is to refinance the Pacific
Coast groundfish fishery fishing capacity reduction program to protect
and conserve the West Coast groundfish fishery and the coastal
economies in California, Oregon, and Washington that rely on it.
SEC. 3. REFINANCING OF PACIFIC COAST GROUNDFISH FISHING CAPACITY
REDUCTION LOAN.
(a) In General.--The Secretary of Commerce, upon receipt of such
assurances as the Secretary considers appropriate to protect the
interests of the United States, shall issue a loan to refinance the
existing debt obligation funding the fishing capacity reduction program
for the West Coast groundfish fishery implemented under section 212 of
the Department of Commerce and Related Agencies Appropriations Act,
2003 (title II of division B of Public Law 108-7; 117 Stat. 80).
(b) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall issue the loan under this section in accordance
with subsections (b) through (e) of section 312 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861a) and sections
53702 and 53735 of title 46, United States Code.
(c) Loan Term.--
(1) In general.--Notwithstanding section 53735(c)(4) of
title 46, United States Code, a loan under this section shall
have a maturity that expires at the end of the 45-year period
beginning on the date of issuance of the loan.
(2) Extension.--Notwithstanding paragraph (1) and if there
is an outstanding balance on the loan after the period
described in paragraph (1), a loan under this section shall
have a maturity of 45 years or until the loan is repaid in
full.
(d) Limitation on Fee Amount.--Notwithstanding section 312(d)(2)(B)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861a(d)(2)(B)), the fee established by the Secretary with
respect to a loan under this section shall not exceed 3 percent of the
ex-vessel value of the harvest from each fishery for where the loan is
issued.
(e) Interest Rate.--
(1) In general.--Notwithstanding section 53702(b)(2) of
title 46, United States Code, the annual rate of interest an
obligor shall pay on a direct loan obligation under this
section is the percent the Secretary must pay as interest to
borrow from the Treasury the funds to make the loan.
(2) Subloans.--Each subloan under the loan authorized by
this section--
(A) shall receive the interest rate described in
paragraph (1); and
(B) may be paid off at any time notwithstanding
subsection (c)(1).
(f) Ex-Vessel Landing Fee.--
(1) Calculations and accuracy.--The Secretary shall set the
ex-vessel landing fee to be collected for payment of the loan
under this section--
(A) as low as possible, based on recent landings
value in the fishery, to meet the requirements of loan
repayment;
(B) upon issuance of the loan in accordance with
paragraph (2); and
(C) on a regular interval not to exceed every 5
years beginning on the date of issuance of the loan.
(2) Deadline for initial ex-vessel landings fee
calculation.--Not later than 60 days after the date of issuance
of the loan under this section, the Secretary shall recalculate
the ex-vessel landing fee based on the most recent value of the
fishery.
(g) Authorization.--There is authorized to be appropriated to the
Secretary of Commerce to carry out this section an amount equal to 1
percent of the amount of the loan authorized under this section for
purposes of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.). | Revitalizing the Economy of Fisheries in the Pacific Act or the REFI Pacific Act - Directs the Secretary of Commerce (upon receipt of such assurances as the Secretary considers appropriate to protect the interests of the United States) to issue a loan to refinance the existing debt obligation funding the fishing capacity reduction program for the West Coast groundfish fishery implemented under the Department of Commerce and Related Agencies Appropriations Act, 2003. Requires such loan to have a maturity that expires 45 years after the date of issuance, subject to extension if there is an outstanding balance after such period. Prohibits the fee with respect to such loan from exceeding 3% of the ex-vessel value of the harvest from each fishery for which the loan is issued. Sets forth requirements for direct loan interest rates, subloans, and the calculation of the ex-vessel landing fee to be collected for payment of such loan. | {"src": "billsum_train", "title": "REFI Pacific Act"} | 1,415 | 203 | 0.519816 | 1.645731 | 0.736615 | 5.113095 | 7.339286 | 0.922619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Railroad Rehabilitation and
Investment Act of 2003''.
SEC. 2. CREDIT FOR MAINTENANCE OF RAILROAD TRACK.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. RAILROAD TRACK MAINTENANCE CREDIT.
``(a) General Rule.--For purposes of section 38, the railroad track
maintenance credit determined under this section for the taxable year
is the amount of qualified railroad track maintenance expenditures paid
or incurred by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) shall
not exceed the product of--
``(1) $10,000, and
``(2) the number of miles of railroad track owned or leased
by the taxpayer as of the close of the taxable year.
``(c) Qualified Railroad Track Maintenance Expenditures.--For
purposes of this section, the term `qualified railroad track
maintenance expenditures' means expenditures (whether or not otherwise
chargeable to capital account) for maintaining railroad track
(including roadbed, bridges, and related track structures) owned or
leased by the taxpayer of Class II or Class III railroads (as
determined by the Surface Transportation Board).
``(d) Controlled Groups.--For purposes of subsection (b), rules
similar to the rules of paragraph (1) of section 41(f) shall apply for
purposes of this subsection.
``(e) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to any railroad track, the
basis of such track shall be reduced by the amount of the credit so
allowed.
``(f) Application of Section.--This section shall apply to
qualified railroad track maintenance expenditures paid or incurred
during taxable years beginning after December 31, 2003, and before
January 1, 2009.
``(g) Credit Transferability.--
``(1) In general.--Any credit allowable under this section
may be transferred as provided in this subsection, and the
determination as to whether the credit is allowable shall be
made without regard to the tax-exempt status of the transferor.
``(2) Transfer to eligible taxpayer.--Any credit
transferred under paragraph (1) shall be transferred to an
eligible taxpayer. Any credit so transferred shall be allowed
to the transferee, but the transferee may not assign such
credit to any other person.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means--
``(A) any person who transports property using the
rail facilities of the taxpayer or who furnishes
railroad-related property or services to the taxpayer,
and
``(B) any Class II or Class III railroad.
``(4) Minimum price for transfer.--No transfer shall be
allowed under this subsection unless the transferor receives
compensation for the credit transfer equal to at least 50
percent of the amount of credit transferred. The excess of the
amount of credit transferred over the compensation received by
the transferor for such transfer shall be included in the gross
income of the transferee.''.
(b) Limitation on Carryback.--Section 39(d) of the Internal Revenue
Code of 1986 (relating to transition rules) is amended by adding at the
end the following new paragraph:
``(11) No carryback of railroad track maintenance credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the
railroad track maintenance credit determined under section 45G
may be carried to a taxable year beginning before January 1,
2004.''.
(c) Conforming Amendments.--
(1) Section 38(b) of the Internal Revenue Code of 1986
(relating to general business credit) is amended by striking
``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(16) the railroad track maintenance credit determined
under section 45G(a).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (27), by striking
the period at the end of paragraph (28) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(29) in the case of railroad track with respect to which
a credit was allowed under section 45G, to the extent provided
in section 45G(e).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Railroad track maintenance
credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Local Railroad Rehabilitation and Investment Act of 2003- Amends the Internal Revenue Code to establish a railroad track maintenance credit for qualified railroad track maintenance expenditures with respect to which the expenditures were paid or incurred by the taxpayer for the taxable year for Class II or Class III railroads. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit against income tax for expenditures for the maintenance of railroad tracks of Class II and Class III railroads."} | 1,143 | 61 | 0.62364 | 1.433928 | 0.847094 | 3.431373 | 20.666667 | 0.921569 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) in the 1990s and beyond, capital, technology, and
services are and will be easily transferred anywhere in the
world without due regard for national boundaries and
governmental policies, especially those pertaining to
fundamental labor, environmental, and agricultural standards;
(2) multinational corporations now play a major role in the
conduct of international trade and investment among all
nations, yet multinational corporations are not accountable in
important ways to any national governments or international
organizations and are not bound by any universal international
agreements or standards of conduct;
(3) increasingly, multinational corporations are crucial
agents of commerce and investment between developed and
developing countries, wielding great influence over whatever
national standards exist in respective countries pertaining to
socially responsible investment;
(4) some multinational corporations, including some based
in the United States, have adopted voluntary codes of conduct
governing all aspects of their operations with a view toward
promoting socially responsible investment; and
(5) there already exist some promising precedents of
corporate codes of conduct for multinational corporations
which, if widely adhered to and enforced, could facilitate
socially responsible business operations worldwide and reduce
pressures to enhance competitiveness by ignoring fundamental
labor, environmental, and agricultural standards where they
exist.
SEC. 2. ESTABLISHMENT OF GUIDELINES.
(a) Responsibility of Secretary of State.--The Secretary of State,
in consultation with the Secretary of Labor, the Secretary of Commerce,
the heads of appropriate Federal departments and agencies, labor
representatives, representatives of businesses with operations abroad,
and appropriate nonprofit organizations, shall establish guidelines
which United States nationals should use in conducting business
operations anywhere in the territory of any foreign country.
(b) Contents of Guidelines.--The guidelines established under
subsection (a) shall, at a minimum, be based on the principles
contained in the following:
(1) The ``Guidelines for Multinational Enterprises'' of the
Organization for Economic Cooperation and Development.
(2) The ``Tripartite Declaration of Principles Concerning
Multinational Enterprises and Social Policy'' of the
International Labor Organization.
(3) The child labor standards established by the
International Labor Organization.
(4) The standards regarding prison labor that are contained
in Article XX of the General Agreement on Tariffs and Trade.
(5) The so-called ``MacBride Principles'', ``Sullivan
Principles'', and ``Slepak Principles''.
(6) The so-called ``Minnesota Principles'' or ``Caux
Principles''.
As used in paragraph (4), the term ``General Agreement on Tariffs and
Trade'' refers to the General Agreement on Tariffs and Trade annexed to
the Agreement Establishing the World Trade Organization that was
entered into on April 15, 1994.
(c) Effective Date.--The guidelines established under subsection
(a) shall be published in the Federal Register and shall take effect 6
months after the date of the enactment of this Act.
SEC. 3. COMPLIANCE.
(a) Submission of Statements.--Not later than 1 year after the
effective date described in section 2(c), and not later than the end of
each 1-year period thereafter, each United States national that
conducts business operations, directly or through a foreign subsidiary
or contractor, in any foreign country shall submit a statement to the
Secretary of State, in such form as the Secretary of State shall
prescribe, indicating whether or not such national, in conducting such
business operations, is complying with the guidelines.
(b) Registration.--
(1) Requirement.--The Secretary of State shall require
United States nationals subject to the requirement of
subsection (a) to file with the Secretary a registration with
respect to their business operations in foreign countries. Such
registration shall include the name of the business operations
in each foreign country, and the location and chief officers of
such business operations. No fee shall be required for
registration under this subsection.
(2) Effective date.--The registration requirement of
paragraph (1) shall take effect 6 months after the date of the
enactment of this Act.
(c) Hearings.--The Secretary of State shall conduct public hearings
at least once each year on the compliance with the guidelines of United
States nationals subject to the requirement of subsection (a). The
Secretary shall provide interested persons with an opportunity to
testify at such hearings.
(d) Annual Report.--The Secretary of State shall submit a report to
the Congress describing the level of compliance with the guidelines by
United States nationals subject to the requirement of subsection (a).
This report shall be submitted not later than 18 months after the date
of the enactment of this Act and not later than the end of each 1-year
period occurring thereafter.
SEC. 4. EXPORT MARKETING SUPPORT.
(a) Support.--Departments and agencies of the United States may
intercede with a foreign government or foreign national regarding
export marketing activity in a foreign country on behalf of a United
States national subject to the requirement of section 3(a) only if that
United States national complies with the guidelines.
(b) Type of Contact.--The term ``intercede with a foreign
government or foreign national'' includes any contact by an officer or
employee of the United States with officials of any foreign government
or foreign national involving or contemplating any effort to assist in
selling a good, service, or technology in a foreign country. Such term
does not include multilateral or bilateral government-to-government
trade negotiations intended to resolve trade issues which may affect
United States nationals who do not comply with the guidelines.
(c) Effective Date.--Subsection (a) shall take effect 18 months
after the date of the enactment of this Act.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the terms ``comply with the guidelines'', ``complying
with the guidelines'' and ``compliance with the guidelines''
mean--
(A) implementing the guidelines established under
section 2(a) by taking good faith measures with respect
to each such guideline; and
(B) reporting accurately to the Department of State
on the measures taken to implement those principles;
(2) the term ``business operations'' refers to a for-profit
activity, but does not include a small business concern as
defined under section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``United States national'' means--
(A) a citizen or national of the United States or a
permanent resident of the United States; and
(B) a corporation, partnership, and other business
association organized under the laws of the United
States, any State or territory thereof, the District of
Columbia, the Commonwealth of Puerto Rico, or the
Commonwealth of the Northern Mariana Islands.
SEC. 6. REGULATIONS.
The Secretary of State may issue such regulations as are necessary
to carry out this Act. | Directs the Secretary of State to establish guidelines which U.S. nationals should use in conducting business operations in any foreign country. Requires such guidelines to be based on principles contained in guidelines or standards of the Organization for Economic Cooperation and Development, the International Labor Organization, and the General Agreement on Tariffs and Trade as well as on the MacBride, Sullivan, Minnesota or Caux, and Slepak Principles.
Directs U.S. nationals conducting business operations in any foreign country to submit a statement to the Secretary indicating whether they are complying with such guidelines and to register with the Secretary.
Authorizes Federal agencies to intercede with foreign governments or nationals regarding export marketing activities on behalf of a U.S. national only if such national is in compliance with the guidelines. | {"src": "billsum_train", "title": "To require the Secretary of State to establish a set of voluntary guidelines to promote socially responsible business practices for United States businesses operating in foreign countries."} | 1,492 | 176 | 0.536443 | 1.545827 | 0.865037 | 2.571429 | 10.142857 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Philanthropic Enterprise Act of
2014''.
SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the all profits to charity requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) All profits to charity.--
``(A) In general.--The all profits to charity
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)) is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are not--
``(i) also directors or officers of the
business enterprise, or
``(ii) members of the family (determined
under section 4958(f)(4)) of a substantial
contributor (as defined in section
4958(c)(3)(C)) to the private foundation, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM
CERTAIN CONTROLLED ENTITIES.
(a) In General.--Paragraph (13) of section 512(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Subparagraph not to apply to payments from
certain philanthropic controlled entities.--
Subparagraph (A) shall not apply to any payment not in
excess of fair market value to a private foundation
from an entity which is a business enterprise described
in section 4943(g)(1) with respect to such
foundation.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Philanthropic Enterprise Act of 2014 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income for the charitable purpose (all profits to charity), and independent operation (i.e., not controlled by a substantial contributor or family members) from the excise taxes on excess business holdings and unrelated business income. | {"src": "billsum_train", "title": "Philanthropic Enterprise Act of 2014"} | 1,070 | 102 | 0.555852 | 1.32237 | 1.101894 | 2.675325 | 12.363636 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Transparency Act of 2013''.
SEC. 2. REQUIREMENTS FOR PRINTED MATERIALS AND ADVERTISEMENTS BY
FEDERAL AGENCIES.
(a) Identification of Funding Sources.--Each communication funded
by a Federal agency for advertising or educational purposes shall
clearly state--
(1) in the case of a printed communication, including mass
mailings, signs, and billboards, that the communication is
printed and published at taxpayer expense; and
(2) in the case of a communication transmitted through
radio, television, the Internet, or any means other than the
means referred to in paragraph (1), that the communication is
produced and disseminated at taxpayer expense.
(b) Additional Requirements.--
(1) Printed communication.--Any printed communication
described under subsection (a)(1) shall--
(A) be of sufficient type size to be clearly
readable by the recipient of the communication;
(B) be contained in a printed box set apart from
the other contents of the communication; and
(C) be printed with a reasonable degree of color
contrast between the background and the printed
statement.
(2) Radio, television, and internet communication.--
(A) Audio communication.--Any audio communication
described under subsection (a)(2) shall include an
audio statement in a clearly spoken manner indicating
that the communication is produced and disseminated at
taxpayer expense.
(B) Video communication.--Any video communication
described under subsection (a)(2) shall include a
statement indicating that the communication is produced
and disseminated at taxpayer expense. Such statement--
(i) shall be conveyed in a clearly spoken
manner;
(ii) shall be conveyed by a voice-over or
screen view of the person making the statement;
and
(iii) shall also appear in writing at the
end of the communication in a clearly readable
manner with a reasonable degree of color
contrast between the background and the printed
statement, for a period of not less than 4
seconds.
(C) E-mail communication.--Any e-mail communication
described under subsection (a)(2) shall--
(i) be of sufficient type size to be
clearly readable by the recipient of the
communication;
(ii) be set apart from the other contents
of the communication; and
(iii) be displayed with a reasonable degree
of color contrast between the background and
the printed statement.
(c) Exceptions.--Subsections (a) and (b) do not apply to--
(1) information in or relating to a solicitation for--
(A) offers for a Federal contract; or
(B) applications or submissions of a bid or
proposal for a Federal grant or other means of funding
under a Federal program; and
(2) advertisements for employment opportunities, not
including advertising materials developed for use for
recruitment and retention of personnel for the Armed Forces.
(d) Definitions.--In this Act:
(1) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``Executive agency'' in section 133 of
title 41, United States Code.
(2) Mass mailing.--The term ``mass mailing''--
(A) means any mailing or distribution of 499 or
more newsletters, pamphlets, or other printed matter
with substantially identical content, whether such
matter is deposited singly or in bulk, or at the same
time or different times; and
(B) does not include any mailing--
(i) in direct response to a communication
from a person to whom the matter is mailed; or
(ii) of a news release to the
communications media.
(e) Source of Funds.--The funds used by a Federal agency to carry
out this Act shall be derived from amounts made available to the agency
for advertising or other communications regarding the programs and
activities of the agency. | Taxpayer Transparency Act of 2013 - Requires each communication funded by a federal agency for advertising or educational purposes to clearly state: (1) in the case of a printed communication, including mass mailings, signs, and billboards, that the communication is printed and published at taxpayer expense; and (2) in the case of a communication transmitted through radio, television, or the Internet, that the communication is produced and disseminated at taxpayer expense. Requires any such printed communication, including e-mails, to be of sufficient size to be clearly readable, to be set apart from the other contents of the communication, and to be printed with a reasonable degree of color contrast between the background and the printed statement. Exempts from such requirements: (1) information in or relating to a solicitation for offers for a federal contract or applications or submissions of a bid or proposal for a federal grant or other means of funding under a federal program; and (2) advertisements for employment opportunities, not including advertising materials developed for use in recruiting and retaining personnel for the Armed Forces. | {"src": "billsum_train", "title": "Taxpayer Transparency Act of 2013"} | 877 | 238 | 0.730994 | 2.056367 | 0.721682 | 6.603865 | 3.782609 | 0.961353 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243), enacted into law
on October 16, 2002, authorized the President to use the Armed
Forces as the President determined necessary and appropriate in
order to defend the national security of the United States
against the continuing threat posed by the Government of Iraq
at that time.
(2) The Government of Iraq which was in power at the time
the Authorization for Use of Military Force Against Iraq
Resolution of 2002 was enacted into law has been removed from
power and its leader indicted, tried, convicted, and executed
by the new freely-elected democratic Government of Iraq.
(3) The current Government of Iraq does not pose a threat
to the United States or its interests.
(4) After more than four years of valiant efforts by
members of the Armed Forces and United States civilians, the
Government of Iraq must now be responsible for Iraq's future
course.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) nothing in this Act shall be construed as a
recommendation by Congress that any particular contingency plan
be exercised;
(2) it is necessary and prudent for the Department of
Defense to undertake robust and comprehensive contingency
planning;
(3) contingency planning for a redeployment of the Armed
Forces from Iraq should address--
(A) ensuring appropriate protection for the Armed
Forces in Iraq;
(B) providing appropriate protection in Iraq for
United States civilians, contractors, third party
nationals, and Iraqi nationals who have assisted the
United States mission in Iraq;
(C) maintaining and enhancing the ability of the
United States Government to eliminate and disrupt Al
Qaeda and affiliated terrorist organizations; and
(D) preserving military equipment necessary to
defend the national security interests of the United
States; and
(4) contingency planning for a redeployment of the Armed
Forces from Iraq should--
(A) describe a range of possible scenarios for such
redeployment;
(B) outline multiple possible timetables for such
redeployment; and
(C) describe the possible missions, and the
associated projected number of members, of the Armed
Forces which would remain in Iraq, including to--
(i) conduct United States military
operations to protect vital United States
national security interests;
(ii) conduct counterterrorism operations
against Al Qaeda in Iraq and affiliated
terrorist organizations;
(iii) protect the Armed Forces, United
States diplomatic and military facilities, and
United States civilians; and
(iv) support and equip Iraqi forces to take
full responsibility for their own security.
SEC. 3. REPORTS AND CONGRESSIONAL BRIEFINGS ON THE STATUS OF PLANNING
FOR THE REDEPLOYMENT OF THE ARMED FORCES FROM IRAQ.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
on the status of planning for the redeployment of the Armed Forces from
Iraq. The initial report and each subsequent report required by this
subsection shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if necessary.
(b) Congressional Briefings Required.--Not later than 14 days after
the submission of the initial report under subsection (a), the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff
shall meet with the congressional defense committees to brief such
committees on the matters contained in the report. Not later than 14
days after the submission of each subsequent report under subsection
(a), appropriate senior officials of the Department of Defense shall
meet with the congressional defense committees to brief such committees
on the matters contained in the report.
(c) Termination of Reporting and Briefing Requirements.--The
requirement to submit reports under subsection (a) and the requirement
to provide congressional briefings under subsection (b) shall terminate
on the date on which the Secretary of Defense submits to the
congressional defense committees a certification in writing that the
Armed Forces are no longer primarily engaged in a combat mission in
Iraq.
(d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' has the meaning given the
term in section 101 of title 10, United States Code.
SEC. 4. ARMED FORCES DEFINED.
In this Act, the term ``Armed Forces'' has the meaning given the
term in section 101 of title 10, United States Code. | Expresses the sense of Congress that: (1) nothing in this Act shall be construed as a recommendation by Congress that any particular contingency plan be exercised; (2) it is necessary and prudent for the Department of Defense (DOD) to undertake robust and comprehensive contingency planning; (3) contingency planning for a redeployment of Armed Forces from Iraq should address appropriate protection for U.S. Armed Forces, civilians, contractors, and third party and Iraqi nationals who have aided the U.S. mission in Iraq, and the preservation of military equipment; and (4) such planning should describe a range of scenarios and timetables for redeployment, and describe possible missions of Armed Forces remaining in Iraq.
Directs the Secretary of Defense to report to the congressional defense and appropriations committees on the status of planning for the redeployment of Armed Forces from Iraq. Requires the Secretary and the Chairman of the Joint Chiefs of Staff to brief such committees on matters contained in the reports. | {"src": "billsum_train", "title": "A bill to require the Secretary of Defense to submit to Congress reports on the status of planning for the redeployment of the Armed Forces from Iraq and to require the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and appropriate senior officials of the Department of Defense to meet with Congress to brief Congress on matters contained in the reports."} | 1,019 | 233 | 0.712384 | 2.144383 | 0.937412 | 4.983516 | 5.159341 | 0.93956 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Routes to Teacher
Certification and Licensure Act of 2001''.
SEC. 2. PROGRAM REAUTHORIZED.
The Higher Education Act of 1965 is amended by inserting after
title VII (20 U.S.C. 1133 et seq.) the following new title:
``TITLE VIII--ALTERNATIVE ROUTES TO TEACHER CERTIFICATION AND LICENSURE
``SEC. 801. FINDINGS.
``The Congress finds that--
``(1) effective elementary and secondary schools require
competent teachers and strong leadership;
``(2) school systems would benefit greatly by increasing
the pool of qualified individuals from which to recruit
teachers;
``(3) many talented professionals who have demonstrated a
high level of subject area competence outside the education
profession may wish to pursue careers in education, but have
not fulfilled the requirements to be certified or licensed as
teachers;
``(4) alternative routes can enable qualified individuals
to fulfill State certification or licensure requirements and
would allow school systems to utilize the expertise of such
professionals and improve the pool of qualified individuals
available to local educational agencies as teachers; and
``(5) alternative routes to certification or licensure
requirements that do not exclude qualified individuals from
teaching solely because such individuals do not meet
traditional certification or licensure requirements would allow
school systems to take advantage of these professionals and
improve the supply of well-qualified teachers.
``SEC. 802. PURPOSE.
``It is the purpose of this title to improve the supply of well-
qualified elementary and secondary school teachers by encouraging and
assisting States to develop and implement programs for alternative
routes to teacher certification or licensure requirements. Such
programs shall place special emphasis on the participation of
individuals who are members of minority groups.
``SEC. 803. ALLOTMENTS.
``(a) Allotments to States.--
``(1) In general.--From the amount appropriated to carry
out this title, the Secretary shall allot to each State the
lesser of either the amount the State applies for under section
556 or an amount that is proportional to the State's share of
the total population of children ages 5 through 17 in all the
States (based on the most recent data available that is
satisfactory to the Secretary).
``(2) Reallocation.--If a State does not apply for its
allotment, or the full amount of its allotment, under the
preceding paragraph, the Secretary may reallocate the excess
funds to one or more other States that demonstrate, to the
satisfaction of the Secretary, a current need for the funds.
``(b) Special Rule.--Notwithstanding section 412(b) of the General
Education Provisions Act, funds awarded under this title shall remain
available for obligation by a recipient for a period of 2 calendar
years from the date of the grant.
``SEC. 804. STATE APPLICATIONS.
``(a) In General.--Any State desiring to receive a grant under this
title shall, through the State educational agency, submit an
application at such time, in such manner, and containing such
information, as the Secretary may reasonably require.
``(b) Requirements.--Each application shall--
``(1) describe the programs, projects, and activities to be
undertaken; and
``(2) contain such assurances as the Secretary considers
necessary, including assurances that--
``(A) assistance provided to the State educational
agency under this title will be used to supplement, and
not to supplant, any State or local funds available for
the development and implementation of programs to
provide alternative routes to fulfilling teacher
certification or licensure requirements;
``(B) the State educational agency has, in
developing and designing the application, consulted
with--
``(i) representatives of local educational
agencies, including superintendents and school
board members (including representatives of
their professional organizations where
applicable);
``(ii) elementary and secondary school
teachers, including representatives of their
professional organizations;
``(iii) institutions of higher education
with schools or departments of education;
``(iv) parents; and
``(v) other interested organizations and
individuals; and
``(C) the State educational agency will submit to
the Secretary, at such time as the Secretary may
specify, a final report describing the activities
carried out with assistance provided under this title
and the results achieved.
``(c) GEPA Provisions Inapplicable.--Sections 435 and 436 of the
General Education Provisions Act, except to the extent that such
sections relate to fiscal control and fund accounting procedures, shall
not apply to this title.
``SEC. 805. USE OF FUNDS.
``(a) Use of Funds.--
``(1) In general.--A State educational agency shall use
assistance provided under this title to support programs,
projects, or activities that develop and implement new, or
expand and improve existing, programs that enable individuals
to move to a career in education from another occupation
through an alternative route to teacher certification or
licensure.
``(2) Types of assistance.--A State educational agency may
carry out such programs, projects, or activities directly,
through contracts, or through grants to local educational
agencies, intermediate educational agencies, institutions of
higher education, or consortia of such agencies.
``(b) Uses.--Funds received under this title may be used for--
``(1) the design, development, implementation, and
evaluation of programs that enable qualified professionals who
have demonstrated a high level of subject area competence
outside the education profession and are interested in entering
the education profession to fulfill State certification or
licensure requirements;
``(2) the establishment of administrative structures
necessary for the development and implementation of programs to
provide alternative routes to fulfilling State requirements for
certification or licensure;
``(3) training of staff, including the development of
appropriate support programs, such as mentor programs, for
teachers entering the school system through alternative routes
to teacher certification or licensure;
``(4) the development of recruitment strategies;
``(5) the development of reciprocity agreements between or
among States for the certification or licensure of teachers;
and
``(6) other appropriate programs, projects, and activities
designed to meet the objectives of this title.
``SEC. 806. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$15,000,000 for fiscal year 2002 and each of the 3 succeeding fiscal
years.''. | Alternative Routes to Teacher Certification and Licensure Act of 2001 - Amends the Higher Education Act of 1965 to establish, as a new title VIII, the Alternate Routes to Teacher Certification and Licensure program. Directs the Secretary of Education to allot grants to States to develop and implement programs for alternative routes to teacher certification or licensure requirements in order to increase the supply of well-qualified elementary school and secondary school teachers, with special emphasis on participation of minority group members. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to reauthorize the Alternate Routes to Teacher Certification and Licensure program."} | 1,418 | 108 | 0.627694 | 1.643357 | 1.424734 | 3.965909 | 15.409091 | 0.920455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Consent Decree Fairness
Act''.
SEC. 2. FINDINGS.
Congress finds that the United States Supreme Court, in its
unanimous decision in Frew v. Hawkins, 540 U.S. 431 (2004), found the
following:
(1) Consent decrees may ``lead to federal court oversight
of state programs for long periods of time even absent an
ongoing violation of federal law,''. 540 U.S. 431, 441.
(2) ``If not limited to reasonable and necessary
implementations of federal law, remedies outlined in consent
decrees involving state officeholders may improperly deprive
future officials of their designated legislative and executive
powers.''. 540 U.S. 431, 441.
(3) ``The federal court must exercise its equitable powers
to ensure that when the objects of the decree have been
attained, responsibility for discharging the State's
obligations is returned promptly to the State and its
officials.''. 540 U.S. 431, 442.
(4) ``As public servants, the officials of the State must
be presumed to have a high degree of competence in deciding how
best to discharge their governmental responsibilities.''. 540
U.S. 431, 442.
(5) ``A State, in the ordinary course, depends upon
successor officials, both appointed and elected, to bring new
insights and solutions to problems of allocating revenues and
resources. The basic obligations of federal law may remain the
same, but the precise manner of their discharge may not.''. 540
U.S. 431, 442.
SEC. 3. LIMITATION ON CONSENT DECREES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Consent decrees
``(a) Definition.--In this section, the term `consent decree'--
``(1) means any order imposing injunctive or other
prospective relief against a State or local government, or a
State or local official against whom suit is brought, that is
entered by a court of the United States and is based in whole
or part upon the consent or acquiescence of the parties; and
``(2) does not include--
``(A) any private settlement agreement;
``(B) any order arising from an action filed
against a government official that is unrelated to his
or her official duties;
``(C) any order entered by a court of the United
States to implement a plan to end segregation of
students or faculty on the basis of race, color, or
national origin in elementary schools, secondary
schools, or institutions of higher education; and
``(D) any order entered in any action in which one
State is an adverse party to another State.
``(b) Limitation on Duration.--
``(1) In general.--A State or local government, or a State
or local official who is a party to a consent decree (or the
successor to that individual) may file a motion under this
section with the court that entered the consent decree to
modify or terminate the consent decree upon the earliest of--
``(A) 4 years after the consent decree is
originally entered by a court of the United States,
regardless of whether the consent decree has been
modified or reentered during that period;
``(B) in the case of a civil action in which a
State or an elected State official is a party, the date
of expiration of the term of office of the highest
elected State official who is a party to the consent
decree;
``(C) in the case of a civil action in which a
local government or elected local government official
is a party, the date of expiration of the term of
office of the highest elected local government official
who is a party to the consent decree;
``(D) in the case of a civil action in which the
consent to the consent decree was authorized by an
appointed State or local official, the date of
expiration of the term of office of the elected
official who appointed that State or local official, or
the highest elected official in that State or local
government; or
``(E) the date otherwise provided by law.
``(2) Burden of proof.--
``(A) In general.--With respect to any motion filed
under paragraph (1), the burden of proof shall be on
the party who originally filed the civil action to
demonstrate that the denial of the motion to modify or
terminate the consent decree or any part of the consent
decree is necessary to prevent the violation of a
requirement of Federal law that--
``(i) was actionable by such party; and
``(ii) was addressed in the consent decree.
``(B) Failure to meet burden of proof.--If a party
fails to meet the burden of proof described in
subparagraph (A), the court shall terminate the consent
decree.
``(C) Satisfaction of burden of proof.--If a party
meets the burden of proof described in subparagraph
(A), the court shall ensure that any remaining
provisions of the consent decree represent the least
restrictive means by which to prevent such a violation.
``(3) Ruling on motion.--
``(A) In general.--The court shall rule
expeditiously on a motion filed under this subsection.
``(B) Scheduling order.--Not later than 30 days
after the filing of a motion under this subsection, the
court shall enter a scheduling order that--
``(i) limits the time of the parties to--
``(I) file motions; and
``(II) complete any required
discovery; and
``(ii) sets the date or dates of any
hearings determined necessary.
``(C) Stay of injunctive or prospective relief.--In
addition to any other orders authorized by law, the
court may stay the injunctive or prospective relief set
forth in the consent decree in an action under this
subsection if a party opposing the motion to modify or
terminate the consent decree seeks any continuance or
delay that prevents the court from entering a final
ruling on the motion within 180 days after the date on
which the motion is filed.
``(c) Other Federal Court Remedies.--The provisions of this section
shall not be interpreted to prohibit a Federal court from entering a
new order for injunctive or prospective relief to the extent that it is
otherwise authorized by Federal law.
``(d) Available State Court Remedies.--The provisions of this
section shall not prohibit the parties to a consent decree from seeking
appropriate relief under State law.''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 28, United States Code, is amended by adding at the end the
following:
``1660. Consent decrees.''.
SEC. 4. GENERAL PRINCIPLES.
(a) No Effect on Other Laws Relating to Modifying or Vacating
Consent Decrees.--Nothing in the amendments made by section 3 shall be
construed to preempt or modify any other provision of law providing for
the modification or vacating of a consent decree.
(b) Further Proceedings Not Required.--Nothing in the amendments
made by section 3 shall be construed to affect or require further
judicial proceedings relating to prior adjudications of liability or
class certifications.
SEC. 5. DEFINITION.
In this Act, the term ``consent decree'' has the meaning given that
term in section 1660(a) of title 28, United States Code, as added by
section 3 of this Act.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and apply to any consent decree
regardless of--
(1) the date on which the order of the consent decree is
entered; or
(2) whether any relief has been obtained under the consent
decree before such date of enactment. | Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earliest of: (1) four years after the consent decree is originally entered; (2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration date of the term of office of the highest state or local government official who is a party to the consent decree; or (3) a date otherwise provided by law.
Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that was: (1) actionable by such party, and (2) addressed in the consent decree.
Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that: (1) limits the time of the parties to file motions and complete discovery, and (2) sets the date or dates of any necessary hearings.
Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days after its filing. | {"src": "billsum_train", "title": "To amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes."} | 1,801 | 326 | 0.529684 | 1.700745 | 0.786717 | 4.441077 | 5.565657 | 0.973064 |
SECTION 1. SHORT TITLE.
This Act may be cited to as the ``Renewable Energy Jobs Act''.
SEC. 2. ALTERNATIVE ENERGY TRAINING AND EMPLOYMENT PROGRAM.
(a) Pilot Program.--The Secretary of Labor shall carry out a pilot
program to award competitive grants to States to train individuals for
careers in the renewable energy and energy efficiency industries.
(b) Grant Awards.--The Secretary shall award grants under the pilot
program to the five States with the highest installed alternative
energy power capacity.
(c) Application.--
(1) In general.--A State that desires a grant under the
pilot program 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.--A grant application under the pilot program
shall include the following:
(A) Evidence of the installed alternative energy
power capacity for wind, solar, and geothermal
facilities in that State.
(B) A description of how the funds will be used to
establish and administer a program designed to provide
skills training or on-the-job training for a
significant number of individuals and ensure lasting
and sustainable employment in the renewable energy and
energy efficiency industries.
(C) A description of the State's option to
coordinate with its State and local workforce
investment boards and Energy Efficiency Industry
Councils in carrying out a program funded by a grant
under this Act, including through partnerships of local
boards with renewable energy and energy efficiency
employers and other appropriate providers of training
services.
(D) A description of the skills training, on-the-
job training, or both that may be offered to
individuals by grant recipients, and how this training
will lead to an industry-recognized certificate or
similar credential.
(E) A description of how the State plans to
prioritize grants among grant recipients.
(F) A description of how the grant may be used to
support existing programs focused on renewable energy
job creation.
(d) Grant Amount.--The Secretary shall ensure that grants are of
sufficient size to enable States to carry out all required activities.
(e) Duration of Grant.--A grant under this section shall be for a
period of 3 years.
(f) Use of Funds.--A State receiving a grant under this section
shall use the grant funds to--
(1) reimburse a renewable energy and energy efficiency
employer for the cost of providing on-the-job training;
(2) reimburse any of the following entities for the cost of
providing skills training (or on-the-job training if in
partnership with an energy efficient employer)--
(A) a labor organization;
(B) a postsecondary educational institution; or
(C) nonprofit organizations; and
(3) conduct outreach to inform renewable energy and energy
efficiency employers, labor organizations, postsecondary
educational institutions, non-profit organizations, and the
general public, including individuals in rural areas and Indian
tribes, of their eligibility or potential eligibility for
participation in the program.
(g) Conditions.--Under the pilot program, a grant to a State shall
be subject to the following conditions:
(1) The State shall repay to the Secretary, on such date as
shall be determined by the Secretary, any amount received under
the pilot program that is not used for the purposes described
in subsection (f).
(2) The State shall submit to the Secretary, at such times
and containing such information as the Secretary shall require,
reports on the use of grant funds.
(3) The State shall ensure that any employer or other
entity receiving a grant under this Act shall pay each
individual receiving on-the-job training provided by such
employer or entity not less than the applicable minimum wage
for the State or locality in which such training is provided.
(h) Requirements of Grant Recipients.--In order to receive a grant
made by a State under the pilot program, an entity described in
subsection (f) shall--
(1) submit an application to the State that includes such
other information and assurances as the State may require; and
(2) agree to submit to the State, for each quarter, a
report containing such information as the Secretary may
specify.
(i) Limitation on Administrative Costs.--
(1) Federal administration.--Of the amounts appropriated
pursuant to the authorization of appropriations under
subsection (l), 2 percent shall be made available to the
Secretary for administrative costs associated with implementing
and evaluating the pilot program under this section and for
preparing and submitting the report required under subsection
(j).
(2) State administration.--The Secretary shall determine
the appropriate maximum amount of each grant awarded under this
section that may be used by the recipient for administrative
and reporting costs.
(j) Report to Congress.--The Secretary shall submit to Congress an
annual report on the pilot program for each year of the grant period.
The report on the pilot program shall include a detailed description of
activities carried out under this section and an evaluation of the
program, and how many participants were employed by renewable energy
and energy efficiency employers within 6 months of completing the
training.
(k) Appropriations.--There is authorized to be appropriated to the
Secretary $10,000,000 for each of fiscal years 2015 through 2017, for
the purpose of carrying out the pilot program.
(l) Definitions.--For purposes of this section:
(1) The term ``Indian tribe'' has the meaning given that
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a).
(2) The term ``installed alternative energy power
capacity'' means the amount of wind, solar, and geothermal
power generation, expressed in megawatts, installed in a State.
(3) The term ``labor organization'' has the meaning given
such term in section 2 of the National Labor Relations Act.
(4) The term ``on-the-job training'' means training by
renewable energy and energy efficiency employers, a labor
organization, a postsecondary educational institution, or a
nonprofit organization that is provided to a paid participant
while engaged in productive work that--
(A) provides knowledge or skills essential to the
full and adequate performance of the job;
(B) provides reimbursement to the employer for the
costs of providing the training and additional
supervision related to the training; and
(C) is limited in duration as appropriate to the
occupation for which the participant is being trained,
taking into account the content of the training, the
prior work experience of the participant, and the
service strategy of the participant, as appropriate.
(5) The term ``postsecondary educational institution'' has
the meaning given such term in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801).
(6) The term ``renewable energy and energy efficiency
employer'' means an entity that employs individuals in a trade
or business in the renewable energy and energy efficiency
industries.
(7) The term ``renewable energy and energy efficiency
industries'' means any of the following industries:
(A) The energy-efficient building, construction, or
retrofits industry.
(B) The renewable electric power industry,
including the wind, solar, and geothermal energy
industries.
(C) The energy efficiency assessment industry that
serves the residential, commercial, or industrial
sectors.
(8) The term ``skills training'' means training by a labor
organization, a postsecondary educational institution, or a
nonprofit organization that provides the knowledge and skills
essential to specific jobs in the renewable energy and energy
efficiency industries.
(9) The term ``State'' includes each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, the Republic of
the Marshall Islands, the Republic of Palau, and the
territories and possessions of the United States.
(10) The term ``workforce investment board'' refers to a
State or local workforce investment board established pursuant
to the Workforce Investment Act of 1998 (20 U.S.C. 2801 et
seq.) or its successor statute, the Workforce Innovation and
Opportunity Act, that coordinates job training programs for
that State or local area under that Act. | Renewable Energy Jobs Act This bill requires the Department of Labor to carry out a pilot program to train individuals for careers in renewable energy and energy efficiency industries, specifically: the energy-efficient building, construction, or retrofits industry; the renewable electric power industry, including the wind, solar, and geothermal energy industries; or the energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. Labor must also award grants under the program to the five states with the highest installed alternative energy power capacity, which is the amount of wind, solar, and geothermal power generation installed in a state. | {"src": "billsum_train", "title": "Renewable Energy Jobs Act"} | 1,759 | 126 | 0.593847 | 1.522658 | 0.610837 | 5.341667 | 14.316667 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telehealth Modernization Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Telehealth technologies can transform health care
delivery by improving access to quality care by removing
traditional barriers to health care delivery such as distance,
mobility, and time constraints.
(2) Telehealth is a mode of delivering health care
utilizing information and communication technologies to enable
the diagnosis, consultation, treatment, and care management of
patients by health care providers.
(3) The use of information and telecommunication
technologies to deliver health care has the potential to reduce
costs, improve quality, change conditions of practice, and
improve access to health care, particularly in rural and
medically underserved areas.
(4) A lack of primary care providers, specialty providers,
and transportation continues to be a significant barrier to
access to health care in medically underserved rural and urban
areas.
(5) Parts of the nation have difficulty attracting and
retaining health professionals, as well as supporting local
health facilities to provide a continuum of health care.
(6) Many health care providers in medically underserved
areas are isolated from mentors, colleagues, and the
information resources necessary to support them personally and
professionally.
(7) A patchwork of state regulatory environments poses
legal and regulatory hurdles that are inhibiting the
proliferation of private-sector telehealth innovations and have
created significant uncertainty for the telehealth community.
(8) As of June 2013, 40 out of 50 states have introduced
legislation addressing telehealth policy, with wide variations
in how telehealth is defined.
(9) To help clarify this uncertainty and provide States
with appropriate guidance, Congress should provide a workable
Federal definition of telehealth that ensures the highest
common denominator of care while facilitating future
innovation.
(10) The fundamental health care provider-patient
relationship cannot only be preserved through a Federal
definition of telehealth, but also can be established,
augmented, and enhanced through the use of telehealth.
SEC. 3. FEDERAL STANDARD FOR TELEHEALTH.
(a) In General.--If a State authorizes a health care professional
to deliver health care to an individual, the State should also
authorize the health care professional to deliver such health care to
such individual through telehealth, subject to the conditions specified
in subsection (b).
(b) Conditions.--The following are conditions for the delivery of
health care through telehealth by a health care professional to an
individual that States should consider adopting:
(1) Accessibility and review of medical history.--The
health care professional should have access to the medical
history of the individual, and should review such medical
history with the individual, to the same extent that the health
care professional would have access to such medical history and
would review such medical history if delivering the health care
in person.
(2) Identification of underlying conditions and
contraindications.--To the extent practicable, the health care
professional should attempt to identify the conditions
underlying the symptoms, if any, reported by the individual
before such professional provides any diagnosis or treatment to
the individual. In the case that the health care professional
recommends a treatment to the individual, the health care
professional should review with the individual the
contraindications to the recommended treatment.
(3) Diagnosis.--Subject to the professional discretion of
the health care professional, such professional should have a
conversation with the individual adequate to establish any
diagnosis rendered.
(4) Document evaluation, medical records, and provision of
medical information.--The health care professional should
document the evaluation and treatment delivered to the
individual, if any, for the purpose of generating a medical
record of the encounter. At the option of the individual, the
health care professional should--
(A) provide the individual with medical
information, in standard medical record format, about
such evaluation and treatment; and
(B) send any documentation concerning such
evaluation and treatment to one or more selected health
care professionals responsible for the care of the
individual.
(5) Transparency regarding professional credentials.--At
the option of the individual, the health care professional
should provide to the individual, in electronic and paper
format, information regarding the health care education,
certification, and credentials of the health care professional.
(6) No assurance concerning items or services.--The health
care professional should offer no assurance to the individual
that any item or service, including a prescription, will be
issued or provided--
(A) in exchange for the payment of the consultation
fee charged by the health care professional; or
(B) solely in response to the individual completing
a form or questionnaire.
(7) Prescription requirements.--Any prescription issued by
the health care professional as part of the health care
delivered to the individual should meet the following
requirements:
(A) The prescription is issued for a legitimate
medical purpose in the usual course of professional
practice.
(B) The prescription is issued by a health care
professional who has obtained a medical history and
conducted an evaluation of the individual to whom such
prescription is issued adequate to establish a
diagnosis.
(C) The prescription is not for a drug or substance
in schedule II, III, or IV of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
(D) The prescription is filled by an appropriately
licensed dispensing entity.
(c) Construction.--Nothing in this section shall be construed to--
(1) change the application of the HIPAA privacy regulations
(as defined in section 1180(b)(3) of the Social Security Act
(42 U.S.C. 1320d-9(b)(3))) with respect to a health care
professional's provision of telehealth; or
(2) affect the standard of care for medical or clinical
appropriateness as established by State law or policy.
(d) Definitions.--For purposes of this section:
(1) Telehealth.--The term ``telehealth'' means, with
respect to health care that a health care professional is
authorized to deliver to an individual in person under State
law, such health care delivered by such health care
professional to such individual not in person, from any
location to any other location, and by means of real-time
video, secure chat or secure email, or integrated telephony.
(2) Health care professional.--The term ``health care
professional'' means, with respect to health care, a physician
or practitioner who is authorized under law to deliver such
health care in person. | Telehealth Modernization Act of 2013 - Calls for states to authorize health care professionals to deliver health care to individuals through telehealth and to consider adopting conditions under which such a professional should: have access to the individual's medical history and should review it with the individual as if delivering the health care in person; attempt to identify any conditions underlying the symptoms reported by the individual before providing any diagnosis or treatment and, if recommending a treatment, should review with the individual the contraindications to such treatment; have a conversation with the individual adequate to establish any diagnosis rendered; document any evaluation and treatment delivered to the individual for the purpose of generating a medical record of the encounter; provide to the individual information regarding the professional's health care education, certification, and credentials; offer no assurance to the individual that any item or service will be issued or provided in exchange for the payment of the consultation fee or solely in response to the individual completing a form or questionnaire; and issue, as part of the health care delivered, only a prescription that is issued for a legitimate medical purpose in the usual course of professional practice, that is issued by a health care professional who has obtained a medical history and conducted an evaluation adequate to establish a diagnosis, that is not for a drug or substance in schedule II, III, or IV of the Controlled Substances Act, and that is filled by a licensed dispensing entity. | {"src": "billsum_train", "title": "Telehealth Modernization Act of 2013"} | 1,393 | 308 | 0.478352 | 1.613403 | 0.764219 | 4.064982 | 4.790614 | 0.945848 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Quality Education Act of
2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) Tennessee's wide-ranging and research-intensive STAR
project began in the mid-1980's when the Tennessee legislature
funded an initial 4-year study seeking to compare achievements
for early grade students who would be assigned randomly to a
standard-sized class, a standard-sized class with a teacher
aide, or a class with reduced size. Several new analyses of the
Tennessee STAR program show that reducing class size has both
immediate and long-term benefits.
(2) Research shows that the benefits of participating in
small classes increase from year to year, both in the early
grades when classes are small and in subsequent years when
students are placed in larger classes.
(3) Further, follow-up studies of the same students show
that high-school students who were in small classes in first
through third grades beginning in 1985 were less likely to be
held back a year or suspended compared with their peers from
larger classes.
(4) The students from small classes were found to be making
better grades in high school and taking more advanced courses.
(5) The State of Wisconsin passed legislation in 1995 to
phase in reduction of classes to 15 students in low-wealth
schools. A January 2003 study of that program, called SAGE,
revealed that average test scores in smaller first grade
classes increased 12 to 14 percent more than scores of students
in regular classes.
(6) Research further shows that at the end of fifth grade,
students who were in small classes in first through third
grades were about half a school year (5 months) ahead of
students from larger classes in all core subjects--reading,
language arts, math, and science.
(7) In 1999, the Department of Education reported that
studies have consistently identified a positive relationship
between reduced class size and improved student performance.
The National Assessment on Educational Progress, the Economic
Policy Institute, RAND, the Educational Testing Service, the
American Institute of Research, and many other respected
organizations have reached similar conclusions.
(8) In smaller classes, teachers spend more time on
instruction and less time on discipline problems, reporting
that they know their students better, know where each child is
in the learning process, and can provide more individualized
instruction.
(9) Smaller classes lead to better identification of
students who need special help, increased student participation
and engagement, improved student behavior, and reduced
retention of students in the same grade.
(10) Outcomes associated with small classes are the
foundation of safe schools: improved student behavior and human
relations skills, increased participation in schooling and
school-sanctioned events, increased sense of community in small
classes, and generally improved school climate where students,
teachers, and parents feel more comfortable.
(b) Purpose.--The purpose of this Act is to assist States to
proactively attempt to lower class size in order to provide students
and teachers with an educational environment more conducive to optimal
student performance.
SEC. 3. CLASS SIZE REDUCTION MATCHING GRANT PROGRAM.
(a) Grants.--The Secretary of Education may make grants to eligible
entities to reduce the size of core curriculum classes in public
elementary and secondary schools.
(b) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means any State, or any local educational agency in a State
that is not a grantee under this section, that meets the following:
(1) The State or local educational agency has in effect a
class size reduction program that--
(A) applies to all public elementary and secondary
schools served by the State or local educational
agency, respectively; and
(B) may be targeted to specific school populations
based on need, socioeconomic factors, or school-age
population.
(2) The State or local educational agency has funding in
its annual budget specifically allocated for the program
described in paragraph (1).
(3) The average core curriculum class size at schools
served by the State or local educational agency--
(A) in kindergarten through third grade, is greater
than 18 students;
(B) in fourth through eighth grade, is greater than
22 students; or
(C) in ninth through twelfth grade, is greater than
25 students.
(c) Use of Funds.--The Secretary may not make a grant under this
section unless the grantee agrees to use the grant for the following:
(1) Constructing new classroom space.
(2) Hiring additional teachers.
(3) Purchasing portable structures to replace
administrative offices converted into classroom space.
(d) Restrictions.--The Secretary may not make a grant under this
section unless the grantee agrees that funds received under the grant
will not be used for any of the following:
(1) To pay any long-term financing obligations such as
bonding.
(2) To pay any administrative costs or fees.
(e) Priority.--In awarding grants under this section, the Secretary
may give priority to eligible entities that serve schools in which--
(1) more than 17 percent of the students older than 4 and
younger than 18 years of age are from families with incomes
below the poverty line; or
(2) the average core curriculum class size is higher,
particularly in the primary grades, than the average core
curriculum class size at schools served by other grant
applicants for the fiscal year.
(f) Matching Funds.--
(1) In general.--The Secretary may not make a grant under
this section unless the grantee agrees to make available
(directly or through donations from public or private entities)
non-Federal contributions toward the costs of the activities
under the grant in an amount that is not less than $2 for each
$1 provided by the Secretary in the grant.
(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(g) Application.--
(1) Submission.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary in
such form, in such manner, and containing such information as
the Secretary may require.
(2) Contents.--An application for a grant under this
section shall include the following:
(A) Certification of the average core curriculum
class size at schools served by the eligible entity for
each of the grade ranges that--
(i) are described in subsection (b)(3); and
(ii) will be served by the entity's class
size reduction program.
(B) Certification of the eligible entity's actual
and expected expenditures for the entity's class size
reduction program for the fiscal year involved.
(C) A description of the eligible entity's class
size reduction program and the program's goals.
(D) A description of how the eligible entity
intends to use funds received under the grant.
(E) In the case of an eligible entity that has
already received a grant under this section, the
entity's progress in achieving the goals of its class
size reduction program, particularly relative to high
poverty areas.
(3) Deadline.--The Secretary shall establish a deadline for
the submission of applications for a grant under this section.
(h) Other Definitions.--In this section:
(1) The term ``average core curriculum class size'' means
the number that is--
(A) equal to the sum of the number of students in
each core curriculum class (including for each school
term and period of instruction) divided by the total
number of such classes; and
(B) is based on the ratio of physical class rooms
to students, irrespective of the ratio of teachers to
students.
(2) The term ``core curriculum class'' means a class in any
of the following subjects:
(A) Mathematics.
(B) Science.
(C) Reading, language arts, or English, including
English for speakers of other languages.
(D) Social studies, including history, civics,
political science, government, geography, and
economics.
(E) Foreign language.
(3) The terms ``local educational agency'' and ``poverty
line'' have the meanings given those terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(4) The term ``Secretary'' means the Secretary of
Education.
(5) The term ``State'' includes the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, any other territory or possession of
the United States, and any Indian tribe (as that term is
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(i) Funding.--
(1) Biannual payments.--The Secretary shall make payments
to each grantee under this section on a biannual basis.
(2) Limitation.--For any fiscal year, the Secretary may not
make a payment to any grantee under this section in an amount
that exceeds the lesser of the following:
(A) An amount that is 20 percent of the total
amount appropriated to carry out this section for the
fiscal year.
(B) $200,000,000. | High-Quality Education Act of 2009 - Authorizes the Secretary of Education to award matching grants to states, or local educational agencies (LEAs) in states that do not receive such grants, to reduce the size of core curriculum classes in public elementary and secondary schools.
Requires such grants to be provided only to states or LEAs serving schools whose average core curriculum class size is greater than 18 students in kindergarten through grade 3, 22 students in grades 4 through 8, and 25 students in grades 9 through 12.
Requires grant funds to be used for: (1) constructing new classroom space; (2) hiring additional teachers; and (3) purchasing portable structures to replace administrative offices that are converted into classrooms.
Permits the Secretary to give grant priority to states or LEAs serving schools: (1) where over 17% of the students between age 4 and 18 are from impoverished families; or (2) whose average core curriculum class size is higher than the average core curriculum class size of schools served by other applicants. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to reduce the size of core curriculum classes in public elementary and secondary schools, and for other purposes."} | 2,036 | 210 | 0.366223 | 1.081096 | 0.705859 | 3.134328 | 9.985075 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Reforming and
Simplifying the Federal Tax Code Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Reforming and Simplifying the Federal Tax Code''
(hereafter in this Act referred to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) conduct a study and investigation of the internal
revenue laws of the United States; and
(2) make recommendations to reform and simplify such laws.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
nine members, of whom--
(1) three members shall be appointed by the President;
(2) two members shall be appointed by the Speaker of the
House of Representatives;
(3) one member shall be appointed by the minority leader of
the House of Representatives;
(4) two members shall be appointed by the majority leader
of the Senate; and
(5) one member shall be appointed by the minority leader of
the Senate.
The members of the Commission shall consist of individuals who are of
recognized standing and distinction and who possess a demonstrated
capacity to discharge the duties imposed on the Commission. At least
one of the members shall be appointed from individuals representing the
interests of small business employers, at least one of the members
shall be appointed from individuals representing the interests of
farmers, and at least one of the members shall be appointed from
individuals representing the interests of self-employed persons.
(b) Political Affiliation.--Not more than five members appointed
under subsection (a) may be of the same political party.
(c) Terms.--
(1) In general.--Each member shall be appointed for the
life of the Commission.
(2) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Compensation.--Members of the Commission who are full-time
officers or employees of the United States or Members of Congress may
not receive additional pay, allowances, or benefits by reason of their
service on the Commission.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) Quorum.--A quorum shall consist of five members of the
Commission, except that three members may conduct a hearing under
section 6.
(g) Chairman; Vice Chairman.--At the time of the appointment--
(1) the Chairman of the Commission shall be designated by
the President; and
(2) the Vice Chairman of the Commission shall be designated
by the President in consultation with the Speaker of the House
of Representatives and the majority leader of the Senate.
In the case of vacancy of the Chairmanship or Vice Chairmanship,
another member of the Commission shall be appointed under paragraph (1)
or (2), as the case may be.
(h) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members. Meetings shall be held not less
frequently than once in each calendar month which begins after a
majority of the authorized membership of the Commission has first been
appointed.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Executive Director.--The Chairman shall appoint an executive
director of the Commission. The executive director shall be paid the
rate of basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the executive
director may appoint such personnel as the executive director considers
appropriate.
(c) Applicability of Civil Service Laws.--The staff of the
Commission shall be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title (relating to
classification and General Schedule pay rates).
(d) Experts and Consultants.--With the approval of the Commission,
the executive director may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code.
(e) Physical Facilities.--The Administrator of General Services
shall locate suitable office space for the operation of the Commission.
The facilities shall serve as the headquarters of the Commission and
shall include all necessary equipment and incidentals required for the
proper functioning of the Commission.
(f) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of
the Chairman of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(2) Restriction on disclosure of return information to
commission members.--No return, return information, or taxpayer
return information, as defined in section 6103(b) of the
Internal Revenue Code of 1986, may be disclosed to any member
of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is empowered to investigate by this Act. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(g) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is compelled to testify
about or produce evidence relating to, except that the person may be
prosecuted for perjury committed during the testimony or made in the
evidence.
SEC. 7. REPORT.
The Commission shall transmit a report to the President and the
Congress not later than one year after the date on which all members of
the Commission are first appointed. Such report shall contain a
detailed statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation as the
Commission considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after submitting its report
pursuant to section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | National Commission on Reforming and Simplifying the Federal Tax Code Act - Establishes the National Commission on Reforming and Simplifying the Federal Tax Code to: (1) study and investigate the internal revenue laws of the United States; and (2) make recommendations to reform and simplify such laws. Requires a report to the President and the Congress. Terminates the Commission 30 days following the submission of its report. Authorizes appropriations. | {"src": "billsum_train", "title": "National Commission on Reforming and Simplifying the Federal Tax Code Act"} | 2,039 | 94 | 0.572875 | 1.285901 | 0.693248 | 4.963855 | 22.542169 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless 411 Privacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are roughly 150 million wireless subscribers in
the United States, up from approximately 15 million subscribers
just a decade ago;
(2) wireless phone service has proven valuable to millions
of Americans because of its mobility, and the fact that
government policies have expanded opportunities for new
carriers to enter the market, offering more choices and ever
lower prices for consumers;
(3) in addition to the benefits of competition and
mobility, subscribers also benefit from the fact that wireless
phone numbers have not been publicly available;
(4) up until now, the privacy of wireless subscribers has
been safeguarded and thus vastly diminished the likelihood of
subscribers receiving unwanted or annoying phone call
interruptions on their wireless phones;
(5) moreover, because their wireless contact information,
such as their phone number, have never been publicly available
in any published directory or from any directory assistance
service, subscribers have come to expect that if their phone
rings it's likely to be a call from someone to whom they have
personally given their number;
(6) the wireless industry is poised to begin implementing a
directory assistance service so that callers can reach wireless
subscribers, including subscribers who have not given such
callers their wireless phone number;
(7) while some wireless subscribers may find such directory
assistance service useful, current subscribers deserve the
right to choose whether they want to participate in such a
directory;
(8) because wireless users are typically charged for
incoming calls, consumers must be afforded the ability to
maintain the maximum amount of control over how many calls they
may expect to receive and, in particular, control over the
disclosure of their wireless phone number;
(9) current wireless subscribers who elect to participate,
or new wireless subscribers who decline to be listed, in any
new wireless directory assistance service directory, including
those subscribers who also elect not to receive forwarded calls
from any wireless directory assistance service, should not be
charged for exercising such rights;
(10) the marketplace has not yet adequately explained an
effective plan to protect consumer privacy rights;
(11) Congress previously acted to protect the wireless
location information of subscribers by enacting prohibitions on
the disclosure of such sensitive information without the
express prior authorization of the subscriber; and
(12) the public interest would be served by similarly
enacting effective and industry-wide privacy protections for
consumers with respect to wireless directory assistance
service.
SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by adding at the end the following:
``(9) Wireless consumer privacy protection.--
``(A) In general.--A provider of commercial mobile
services, or any direct or indirect affiliate or agent
of such a provider, may not include the wireless
telephone number information of any subscriber in any
wireless directory assistance service database unless--
``(i) the mobile service provider provides
a conspicuous, separate notice to the
subscriber informing the subscriber of the
right not to be listed in any wireless
directory assistance service; and
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(B) Cost-free de-listing.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such a provider, shall remove the
wireless telephone number information of any subscriber
from any wireless directory assistance service database
upon request by that subscriber and without any cost to
the subscriber.
``(C) Wireless accessibility.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such provider, may connect a
calling party from a wireless directory assistance
service to a commercial mobile service subscriber only
if--
``(i) such subscriber is provided prior
notice of the calling party's identity and is
permitted to accept or reject the incoming call
on a per-call basis;
``(ii) such subscriber's wireless telephone
number information is not disclosed to the
calling party; and
``(iii) such subscriber has not declined or
refused to participate in such database.
``(D) Protection of wireless phone numbers.--A
telecommunications carrier shall not disclose in its
billing information provided to customers wireless
telephone number information of subscribers who have
indicated a preference to their commercial mobile
services provider for not having their wireless
telephone number information disclosed. Notwithstanding
the preceding sentence, a telecommunications carrier
may disclose a portion of the wireless telephone number
in its billing information if the actual number cannot
be readily ascertained.
``(E) Publication of directories prohibited.--A
provider of commercial mobile services, or any direct
or indirect affiliate or agent of such a provider, may
not publish, in printed, electronic, or other form, or
sell or otherwise disseminate, the contents of any
wireless directory assistance service database, or any
portion or segment thereof unless--
``(i) the mobile service provider provides
a conspicuous, separate notice to the
subscriber informing the subscriber of the
right not to be listed; and
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(F) No consumer fee for retaining privacy.--A
provider of commercial mobile services may not charge
any subscriber for exercising any of the rights under
this paragraph.
``(G) State and local laws pre-empted.--To the
extent that any State or local government imposes
requirements on providers of commercial mobile
services, or any direct or indirect affiliate or agent
of such providers, that are inconsistent with the
requirements of this paragraph, this paragraph preempts
such State or local requirements.
``(H) Definitions.--In this paragraph:
``(i) Calling party's identity.--The term
`calling party's identity' means the telephone
number of the calling party or the name of
subscriber to such telephone, or an oral or
text message which provides sufficient
information to enable a commercial mobile
services subscriber to determine who is
calling.
``(ii) Unlisted commercial mobile services
subscriber.--The term `unlisted commercial
mobile services subscriber' means a subscriber
to commercial mobile services who has not
provided express prior consent to a commercial
mobile service provider to be included in a
wireless directory assistance service database.
``(iii) Wireless telephone number
information.--The term `wireless telephone
number information' means the telephone number,
electronic address, and any other identifying
information by which a calling party may reach
a subscriber to commercial mobile services, and
which is assigned by a commercial mobile
service provider to such subscriber, and
includes such subscriber's name and address.
``(iv) Wireless directory assistance
service.--The term `wireless directory
assistance service' means any service for
connecting calling parties to a subscriber of
commercial mobile service when such calling
parties themselves do not possess such
subscriber's wireless telephone number
information.''. | Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number (wireless number) of any subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn.
Requires a provider to remove the wireless number of any subscriber from a WDAS upon request of that subscriber and without subscriber cost. Provides limited circumstances under which a provider may connect a calling party from a WDAS to a commercial mobile service subscriber.
Prohibits a telecommunications carrier from disclosing in billing information provided to customers wireless numbers of subscribers who have indicated a preference to their provider for not having their wireless number disclosed.
Prohibits a provider from publishing (listing) in any form, selling, or otherwise distributing the contents of any WDAS database unless the provider: (1) notifies the subscriber of the right not to be listed; and (2) obtains express prior authorization for listing from such subscriber, and that authorization has not been withdrawn.
Prohibits a provider from charging a subscriber for the exercise of any rights under this Act. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to protect the privacy rights of subscribers to wireless communications services."} | 1,612 | 319 | 0.524516 | 1.692304 | 0.752225 | 3.098485 | 5.912879 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead-Acid Battery Recycling Act''.
SEC. 2. RECYCLING OF LEAD-ACID BATTERIES.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. RECYCLING OF LEAD-ACID BATTERIES.
``(a) Definitions.--In this section:
``(1) Lead-acid battery.--The term `lead-acid battery'
means a battery that--
``(A) contains lead and sulfuric acid;
``(B) is used as a power source; and
``(C) is not a rechargeable battery.
``(2) Municipal solid waste.--The term `municipal solid
waste' means--
``(A) solid waste generated by the general public
or from a residential, commercial, institutional, or
industrial source, consisting of paper, wood, yard
waste, plastics, leather, rubber, and other combustible
material and noncombustible material such as metal and
glass, including residue remaining after recyclable
material has been separated from waste destined for
disposal, and including waste material removed from a
septic tank, septage pit, or cesspool (other than from
portable toilets); but
``(B) does not include--
``(i) waste identified or listed as a
hazardous waste under section 3001 of this Act
or waste regulated under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.);
``(ii) waste, including contaminated soil
and debris, resulting from a response action
taken under section 104 or 106 of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9604, 9606) or any corrective action
taken under this Act;
``(iii) medical waste listed in section
11002;
``(iv) industrial waste generated by
manufacturing or industrial processes,
including waste generated during scrap
processing and scrap recycling;
``(v) recyclable material; or
``(vi) sludge.
``(3) Rechargeable battery.--The term `rechargeable
battery'--
``(A) means 1 or more voltaic or galvanic cells,
electrically connected to produce electric energy, that
is designed to be recharged for repeated uses; and
``(B) includes any type of enclosed device or
sealed container consisting of 1 or more such cells,
including what is commonly called a battery pack; but
``(C) does not include--
``(i) a battery that is used to start an
internal combustion engine or is used as the
principal electrical power source for a
vehicle, such as an automobile, truck,
construction equipment, motorcycle, garden
tractor, golf cart, wheelchair, or boat;
``(ii) a battery that is used for load
leveling or for storage of electricity
generated by an alternative energy source, such
as a solar cell or wind-driven generator;
``(iii) a battery that is used as a backup
power source for memory or program instruction
storage, timekeeping, or any similar purpose
that requires uninterrupted electrical power in
order to function if the primary energy supply
fails or fluctuates momentarily; or
``(iv) a rechargeable alkaline battery.
``(b) Prohibition.--
``(1) In general.--A person shall not--
``(A) place a lead-acid battery in a landfill;
``(B) incinerate a lead-acid battery; or
``(C) otherwise dispose of a lead-acid battery in a
manner other than in accordance with subsection (c).
``(2) Commingled waste.--A person that is an owner or
operator of a municipal solid waste landfill, incinerator, or
collection program that receives a lead-acid battery that--
``(A) is commingled with municipal solid waste
(other than lead-acid batteries); and
``(B) is not readily removable from the waste
stream,
shall not be considered to violate paragraph (1) if the owner
or operator has established contractual requirements or other
appropriate notification or inspection procedures that are
reasonably designed to ensure that no lead-acid battery is
received at, or burned in, the landfill or incinerator facility
or accepted through the collection program.
``(c) Lawful Disposal.--
``(1) By persons in general.--
``(A) In general.--A person (other than a person
described in paragraph (2), (3), or (4)) shall return a
spent lead-acid battery by delivering the battery to 1
of the authorized recipients described in subparagraph
(B).
``(B) Authorized recipients.--The authorized
recipients described in this subparagraph are--
``(i) a person that sells lead-acid
batteries at retail or wholesale;
``(ii) a lead smelter regulated by a State
or the Administrator under this Act or the
Clean Air Act (42 U.S.C. 7401 et seq.);
``(iii) an automotive dismantler or scrap
dealer (as defined by the Administrator);
``(iv) a collection entity, program, or
facility designated by a State to accept spent
lead-acid batteries; and
``(v) a manufacturer of lead-acid batteries
of the same general type as the type delivered.
``(2) By retailers.--
``(A) In general.--A person that sells lead-acid
batteries at retail shall return a spent lead-acid
battery by delivering the battery to 1 of the
authorized recipients described in subparagraph (B).
``(B) Authorized recipients.--The authorized
recipients described in this subparagraph are--
``(i) a person that sells lead-acid
batteries at wholesale;
``(ii) a lead smelter regulated by a State
or the Administrator under this Act or the
Clean Air Act (42 U.S.C. 7401 et seq.);
``(iii) an automotive dismantler or scrap
dealer (as defined by the Administrator);
``(iv) a manufacturer of lead-acid
batteries of the same general type as the type
delivered; and
``(v) a collection entity, program, or
facility designated by a State to accept spent
lead-acid batteries.
``(3) By wholesalers, automotive dismantlers, and
collection programs, entities and facilities.--
``(A) In general.--A person that sells lead-acid
batteries at wholesale, an automotive dismantler, and a
collection entity, program, or facility designated by a
State to accept spent lead-acid batteries shall return
a spent lead-acid battery by delivering the battery to
1 of the authorized recipients described in
subparagraph (B).
``(B) Authorized recipients.--The authorized
recipients described in this subparagraph are--
``(i) a lead smelter regulated by a State
or the Administrator under this Act or the
Clean Air Act (42 U.S.C. 7401 et seq.); and
``(ii) a manufacturer of lead-acid
batteries of the same general type as the type
delivered.
``(4) By manufacturers.--
``(A) In general.--A person that manufactures lead-
acid batteries shall return a spent lead-acid battery
by delivering the battery to the authorized recipient
described in subparagraph (B).
``(B) Authorized recipient.--The authorized
recipient described in this subparagraph is a lead
smelter regulated by a State or the Administrator under
this Act or the Clean Air Act (42 U.S.C. 7401 et seq.).
``(d) Collection requirements.--
``(1) Retailers.--
``(A) In general.--A person that sells or offers
for sale lead-acid batteries at retail shall accept
spent lead-acid batteries of the same general type as
the batteries sold in a quantity that is approximately
equal to the number of batteries sold.
``(B) Exemption.--Subparagraph (A) shall not apply
to a retailer that sells not more than 5 lead-acid
batteries per month on average over a calendar year, if
a collection entity, program, or facility is in
operation for the collection of spent lead-acid
batteries in the locality of the retailer.
``(2) Wholesalers.--
``(A) In general.--A person that sells or offers
for sale lead-acid batteries at wholesale shall accept
spent lead-acid batteries of the same general type as
the batteries sold and in a quantity approximately
equal to the number of batteries sold.
``(B) Acceptance from retailers.--A wholesaler that
sells or offers for sale lead-acid batteries to a
retailer shall provide for the removal of spent lead-
acid batteries at the place of business of the
retailer--
``(i) not later than 90 days after the
retailer notifies the wholesaler of the
existence of the spent lead-acid batteries for
removal; or
``(ii) if the quantity of batteries to be
removed is less than 5, not later than 180 days
after notification.
``(3) Manufacturers.--A person that manufactures lead-acid
batteries shall accept spent lead-acid batteries of the same
general type as the batteries sold and in a quantity
approximately equal to the number of batteries sold.
``(e) Notice Requirements.--
``(1) Posted notice by retailers.--A person that sells or
offers for sale lead-acid batteries at retail shall post a
written notice that--
``(A) is clearly visible in a public area of the
establishment in which the lead-acid batteries are sold
or offered for sale;
``(B) is at least 8\1/2\ inches by 11 inches in
size; and
``(C) contains the following text:
``(i) It is illegal to throw away a motor
vehicle battery or other lead-acid battery.
``(ii) Recycle your used lead-acid
batteries.
``(iii) Federal (or State) law requires
battery retailers to accept used lead-acid
batteries for recycling when a lead-acid
battery is purchased.
``(2) State requirements.--Nothing in paragraph (1) shall
be construed to prohibit a State from requiring the posting of
substantially similar notice in lieu of that required under
paragraph (1).
``(3) Labeling.--
``(A) In general.--Each lead-acid battery
manufactured on or after the date that is 1 year after
the date of enactment of this Act, whether produced
domestically or imported, shall bear a label comprised
of--
``(i) the 3 chasing arrow recycling symbol;
and
``(ii) immediately adjacent to the
recycling symbol, the words `LEAD', `RETURN',
`RECYCLE'.
``(B) International symbols.--
``(i) Application.--On application by a
person subject to the labeling requirements of
this paragraph, the Administrator shall certify
that a different label meets the requirements
of this paragraph if the label conforms with a
recognized international standard that is
consistent with the overall purposes of this
section.
``(ii) Failure to act.--If the
Administrator fails to act on an application
under clause (i) within 120 days after the date
on which the application is filed, the
Administrator shall be considered to have
certified that the label proposed in the
application meets the requirements of this
paragraph.
``(4) Uniformity.--No State or political subdivision of a
State may enforce any labeling requirement intended to
communicate information about the recyclability of lead-acid
batteries that is not identical to the requirements contained
in paragraph (3).
``(5) Recycling information.--Nothing in this subsection
shall be construed to prohibit the display on a label of a
lead-acid battery of any other information intended by the
manufacturer to encourage recycling or warn consumers of the
potential hazards associated with lead-acid batteries.
``(f) Publication of Notice.--Not later than 180 days after the
date of enactment of this section, the Administrator shall publish in
the Federal Register a notice of the requirements of this section and
such other related information as the Administrator determines to be
appropriate.
``(g) Export for Purposes of Recycling.--Notwithstanding any other
provision of this section, a person may export a spent lead-acid
battery for the purposes of recycling.
``(h) Enforcement.--The Administrator may issue a warning or
citation to any person that fails to comply with the requirements of
this section.
``(i) Civil Penalty.--
``(1) In general.--When on the basis of any information the
Administrator determines that a person is in violation of this
section, the Administrator--
``(A) in the case of a willful violation, may issue
an order assessing a civil penalty of not more than
$1,000 for each violation and requiring compliance
immediately or within a reasonable specified time
period, or both; or
``(B) in the case of any violation, may commence a
civil action in the United States district court in
which the violation occurred for appropriate relief,
including a temporary or permanent injunction.
``(2) Contents of order.--An order under paragraph (1)
shall State with reasonable specificity the nature of the
violation.
``(3) Considerations.--In assessing a civil penalty under
paragraph (1), the Administrator shall take into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements.
``(4) Finality of order; request for hearing.--An order
under paragraph (1) shall become final unless, not later than
30 days after the date on which the order is served, a person
named in the order requests a hearing on the record.
``(5) Hearing.--On receiving a request under paragraph (4),
the Administrator shall promptly conduct a hearing on the
record.
``(6) Subpoena power.--In connection with any hearing on
the record under this subsection, the Administrator may issue
subpoenas for the attendance and testimony of witnesses and for
the production of relevant papers, books, and documents.
``(7) Continued violation after expiration of period for
compliance.--If a violator fails to take corrective action
within the time specified in an order under paragraph (1), the
Administrator may assess a civil penalty of not more than
$1,000 for the continued noncompliance with the order.''. | Lead-Acid Battery Recycling Act - Amends the Solid Waste Disposal Act to prohibit persons from disposing of lead-acid batteries (batteries) in a landfill, by incineration, or in any manner other than by return of spent batteries to one of the following authorized recipients: (1) a retail or wholesale seller of such batteries; (2) a regulated lead smelter; (3) an automotive dismantler or scrap dealer; (4) a collection entity designated to accept such batteries; or (5) a manufacturer of batteries of the same general type. Specifies respective authorized recipients of returns from retailers, wholesalers, dismantlers, collection entities, and manufacturers.
Requires retailers, wholesalers, and manufacturers of batteries (with an exception for a low number of sales) to accept spent batteries of the same general type as those sold in a quantity approximately equal to the number of batteries sold.
Requires retailers to post a clearly visible notice informing the public of the legal requirement to recycle batteries. Sets forth labeling requirements, preempting State or local requirements inconsistent with this Act.
Permits export of a spent battery for recycling purposes.
Imposes civil penalties for violations of this Act and permits the Administrator of the Environmental Protection Agency to commence an action for appropriate relief, including injunctions. | {"src": "billsum_train", "title": "Lead-Acid Battery Recycling Act"} | 3,344 | 289 | 0.467949 | 1.307847 | 0.724089 | 2.432 | 12.068 | 0.872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Islands National Seashore Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
parcel of approximately 1.542 acres of land that is located
within the Gulf Islands National Seashore in Jackson County,
Mississippi, and identified as ``NPS Exchange Area'' on the
Map.
(2) Map.--The term ``Map'' means the map entitled ``Gulf
Islands National Seashore, Proposed Land Exchange with VFW,
Davis Bayou Area--Jackson County, MS'', numbered 635/133309,
and dated June 2016.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcel of approximately 2.161 acres of land that is located
in Jackson County, Mississippi, and identified as ``VFW
Exchange Area'' on the Map.
(4) Post.--The term ``Post'' means the Veterans of Foreign
Wars Post 5699.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SEC. 3. GULF ISLANDS NATIONAL SEASHORE LAND EXCHANGE.
(a) In General.--The Secretary may convey to the Post all right,
title, and interest of the United States in and to the Federal land in
exchange for the conveyance by the Post to the Secretary of all right,
title, and interest of the Post in and to the non-Federal land.
(b) Equal Value Exchange.--
(1) In general.--The values of the Federal land and non-
Federal land to be exchanged under this section shall be equal,
as determined by an appraisal conducted--
(A) by a qualified and independent appraiser; and
(B) in accordance with nationally recognized
appraisal standards.
(2) Equalization.--If the values of the Federal land and
non-Federal land to be exchanged under this section are not
equal, the values shall be equalized through--
(A) a cash payment; or
(B) adjustments to the acreage of the Federal land
or non-Federal land to be exchanged, as applicable.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--As a condition of the exchange
authorized under this section, the Secretary shall require the
Post to pay the costs to be incurred by the Secretary, or to
reimburse the Secretary for the costs incurred by the
Secretary, to carry out the exchange, including--
(A) survey costs;
(B) any costs relating to environmental
documentation; and
(C) any other administrative costs relating to the
land exchange.
(2) Refund.--If the Secretary collects amounts from the
Post under paragraph (1) before the Secretary incurs the actual
costs and the amount collected by the Secretary exceeds the
costs actually incurred by the Secretary to carry out the land
exchange under this section, the Secretary shall provide to the
Post a refund of the excess amount paid by the Post.
(3) Treatment of certain amounts received.--Amounts
received by the Secretary from the Post as reimbursement for
costs incurred under paragraph (1) shall be--
(A) credited to the fund or account from which
amounts were used to pay the costs incurred by the
Secretary in carrying out the land exchange;
(B) merged with amounts in the fund or account to
which the amounts were credited under subparagraph (A);
and
(C) available for the same purposes as, and subject
to the same conditions and limitations applicable to,
amounts in the fund or account to which the amounts
were credited under subparagraph (A).
(d) Description of Federal Land and Non-Federal Land.--The exact
acreage and legal description of the Federal land and non-Federal land
to be exchanged under this section shall be determined by surveys that
are determined to be satisfactory by the Secretary and the Post.
(e) Conveyance Agreement.--The exchange of Federal land and non-
Federal land under this section shall be--
(1) carried out through a quitclaim deed or other legal
instrument; and
(2) subject to such terms and conditions as are mutually
satisfactory to the Secretary and the Post, including such
additional terms and conditions as the Secretary considers to
be appropriate to protect the interests of the United States.
(f) Valid Existing Rights.--The exchange of Federal land and non-
Federal land authorized under this section shall be subject to valid
existing rights.
(g) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a form acceptable to the
Secretary.
(h) Treatment of Acquired Land.--Any non-Federal land and interests
in non-Federal land acquired by the United States under this section
shall be administered by the Secretary as part of the Gulf Islands
National Seashore.
(i) Modification of Boundary.--On completion of the exchange of
Federal land and non-Federal land under this section, the Secretary
shall modify the boundary of the Gulf Islands National Seashore to
reflect the exchange of Federal land and non-Federal land. | Gulf Islands National Seashore Land Exchange Act This bill authorizes the National Park Service (NPS) to convey to the Veterans of Foreign Wars Post 5699 approximately 1.542 acres of federal real property located within the Gulf Islands National Seashore in Jackson County, Mississippi, in exchange for a non-federal parcel of 2.161 acres. The Post shall pay the costs incurred by the NPS to carry out such exchange. Land and interests acquired by the United States under this bill shall be administered as part of the Gulf Islands National Seashore. | {"src": "billsum_train", "title": "Gulf Islands National Seashore Land Exchange Act"} | 1,171 | 112 | 0.682467 | 1.788919 | 0.739654 | 3.989796 | 10.673469 | 0.94898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Participation Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) the framers of our Constitution, recognizing
participation in government and freedom of speech as
inalienable rights essential to the survival of democracy,
secured their protection through the First Amendment to the
United States Constitution;
(2) the communications, information, opinions, reports,
testimony, claims and arguments that individuals, organizations
and businesses provide to the government are essential to wise
government decisions and public policy, the public health,
safety, and welfare, effective law enforcement, the efficient
operation of government programs, the credibility and trust
afforded government, and the continuation of America's
representative democracy;
(3) civil lawsuits and counterclaims, often claiming
millions of dollars in damages, have been and are being filed
against thousands of individuals, organizations, and businesses
based upon their valid exercise of the rights to petition or
free speech, including seeking relief, influencing action,
informing, communicating, and otherwise participating with
government, the electorate, or in matters of public interest;
(4) such lawsuits, called Strategic Lawsuits Against Public
Participation or SLAPPs, are often ultimately dismissed as
groundless or unconstitutional, but not before the defendants
are put to great expense, harassment, and interruption of their
productive activities;
(5) it is in the public interest for individuals,
organizations and businesses to participate in matters of
public concern and provide information to public entities and
other citizens on public issues that affect them without fear
of reprisal through abuse of the judicial process;
(6) the threat of financial liability, litigation costs,
destruction of one's business, loss of one's home, and other
personal losses from groundless lawsuits seriously impacts
government, interstate commerce, and individual rights by
significantly chilling public participation in government,
public issues, and in voluntary service;
(7) SLAPPs are an abuse of the judicial process that waste
judicial resources and clog the already over-burdened court
dockets;
(8) while some courts and State legislatures have
recognized and discouraged SLAPPs, protection against SLAPPs
has not been uniform or comprehensive; and
(9) some SLAPP victims are deprived of the relief to which
they are entitled because the current bankruptcy law allows for
the discharge of fees, costs and damages awarded against a
party for maintaining a SLAPP.
SEC. 3. IMMUNITY FOR PETITION ACTIVITY.
(a) Immunity.--Any act of petitioning the government made without
knowledge of falsity or reckless disregard of falsity shall be immune
from civil liability.
(b) Burden and Standard of Proof.--A plaintiff must prove knowledge
of falsity or reckless disregard of falsity by clear and convincing
evidence.
SEC. 4. PROTECTION FOR PETITION AND SPEECH ACTIVITY.
Any act in furtherance of the constitutional right of petition or
free speech shall be entitled to the procedural protections provided in
this Act.
SEC. 5. SPECIAL MOTION TO DISMISS.
(a) In General.--A party may file a special motion to dismiss any
claim arising from an act or alleged act in furtherance of the
constitutional right of petition or free speech within 45 days after
service of the claim if the claim was filed in Federal court or, if the
claim was removed to Federal court pursuant to section 6 of this Act,
within 15 days after removal.
(b) Burdens of the Parties.--A party filing a special motion to
dismiss under this Act has the initial burden of making a prima facie
showing that the claim at issue arises from an act in furtherance of
the constitutional right of petition or free speech. If the moving
party meets this burden, the burden shifts to the responding party to
demonstrate that the claim is both legally sufficient and supported by
a sufficient prima facie showing of facts to sustain a favorable
judgment.
(c) Stay of Discovery.--Upon the filing of a special motion to
dismiss, discovery proceedings in the action shall be stayed until
notice of entry of an order disposing of the motion, except that the
court, on noticed motion and for good cause shown, may order that
specified discovery be conducted.
(d) Expedited Hearing.--The court shall hold an expedited hearing
on the special motion to dismiss, and issue a ruling as soon as
practicable after the hearing. The parties may submit the pleadings and
affidavits stating the facts upon which the liability or defense is
based. The court shall explain the reasons for its grant or denial of
the motion in a statement for the record. If the special motion to
dismiss is granted, dismissal shall be with prejudice.
(e) Immediate Appeal.--The defendant shall have a right of
immediate appeal from a district court order denying a special motion
to dismiss in whole or in part.
SEC. 6. FEDERAL REMOVAL JURISDICTION.
(a) In General.--A civil action commenced in a State court against
any person who asserts as a defense the immunity provided for in
section 3 of this Act, or asserts that the action arises from an act in
furtherance of the constitutional right of petition or free speech, may
be removed by the defendant to the district court of the United States
for the district and division embracing the place wherein it is
pending.
(b) Remand of Remaining Claims.--A court exercising jurisdiction
under this section shall remand any claims against which the special
motion to dismiss has been denied, as well as any remaining claims
against which a special motion to dismiss was not brought, to the State
court from which it was removed.
(c) Timing.--A court exercising jurisdiction under this section
shall remand an action if a special motion to dismiss is not filed
within 15 days after removal.
SEC. 7. SPECIAL MOTION TO QUASH.
(a) In General.--A person whose personally identifying information
is sought in connection with an action pending in Federal court arising
from an act in furtherance of the constitutional right of petition or
free speech may make a special motion to quash the discovery order,
request or subpoena.
(b) Burdens of the Parties.--The person bringing a special motion
to quash under this section must make a prima facie showing that the
underlying claim arises from an act in furtherance of the
constitutional right of petition or free speech. If this burden is met,
the burden shifts to the plaintiff in the underlying action to
demonstrate that the underlying claim is both legally sufficient and
supported by a sufficient prima facie showing of facts to sustain a
favorable judgment. This standard shall apply only to a special motion
to quash brought under this section.
SEC. 8. FEES AND COSTS.
(a) Attorney's Fees.--The court shall award a moving party who
prevails on a special motion to dismiss or quash the costs of
litigation, including a reasonable attorney's fee.
(b) Frivolous Motions and Removal.--If the court finds that a
special motion to dismiss, special motion to quash, or the removal of a
claim under this Act is frivolous or is solely intended to cause
unnecessary delay, the court may award a reasonable attorney's fees and
costs to the responding party.
(c) Government Entities.--A government entity may not recover fees
pursuant to this section.
SEC. 9. BANKRUPTCY NONDISCHARGABILITY OF FEES AND COSTS.
Fees or costs awarded against a party by a court for the
prosecution of any claim finally dismissed pursuant to this Act, or any
subpoena or discovery order quashed pursuant to this Act, or any claim
finally dismissed pursuant to a State anti-SLAPP law, shall not be
dischargeable in bankruptcy under section 1328 or section 523 of title
11, United States Code.
SEC. 10. EXEMPTIONS.
(a) Public Enforcement.--Sections 4 through 8 of this Act shall not
be available in any action brought solely on behalf of the public or
solely to enforce an important right affecting the public interest.
(b) Commercial Speech.--This Act shall not apply to any claim for
relief brought against a person primarily engaged in the business of
selling or leasing goods or services, if the statement or conduct from
which the claim arises is a representation of fact made for the purpose
of promoting, securing or completing sales or leases of, or commercial
transactions in, the person's goods or services, and the intended
audience is an actual or potential buyer or customer.
(c) ``SLAPP-back'' Suits.--This Act shall not be available to
dismiss any action or claim arising from a claim that has been
dismissed pursuant to this Act or to a State anti-SLAPP law.
SEC. 11. DEFINITIONS.
In this Act:
(1) Act in furtherance of the right of free speech.--The
term ``act in furtherance of the right of free speech''
includes but is not limited to--
(A) any written or oral statement made in
connection with an issue under consideration or review
by a legislative, executive, or judicial body, or any
other official proceeding authorized by law;
(B) any written or oral statement made in a place
open to the public or a public forum in connection with
an issue of public interest; or
(C) any other conduct in furtherance of the
exercise of the constitutional right of petition or the
constitutional right of free speech in connection with
an issue of public interest.
(2) Act of petitioning the government.--The term ``act of
petitioning the government'' includes but is not limited to any
written or oral statement--
(A) made or submitted before a legislative,
executive, or judicial body, or any other official
proceeding authorized by law; or
(B) any written or oral statement encouraging a
statement before a legislative, executive, or judicial
body, or any other official proceeding authorized by
law.
(3) Claim.--The term ``claim'' includes any civil lawsuit,
claim, complaint, cause of action, cross-claim, counterclaim,
or other judicial pleading or filing requesting relief.
(4) Government entity.--The term ``government entity''
includes the United States, a branch, department, agency,
State, or subdivision of a State, or other public authority.
(5) Issue of public interest.--The term ``issue of public
interest'' includes an issue related to health or safety;
environmental, economic or community well-being; the
government; a public figure; or a good, product or service in
the market place. ``Issue of public interest'' shall not be
construed to include private interests, such as statements
directed primarily toward protecting the speaker's business
interests rather than toward commenting on or sharing
information about a matter of public significance.
(6) Personally identifying information.--The term
``personally identifying information'' means first and last
name or last name only; home or other physical address
including temporary shelter or housing and including a street
name or ZIP Code; full date of birth; email address or other
online contact information; telephone number; social security
number; Internet protocol address or host name that identifies
an individual, or any other information that would serve to
identify an individual.
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
SEC. 12. CONSTRUCTION.
This Act shall be liberally construed to effectuate its findings
and purposes fully, except that the exemptions shall be construed
narrowly.
SEC. 13. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act shall preempt or supersede any Federal, State,
constitutional, case or common law that provides the equivalent or
greater protection for persons engaging in activities in furtherance of
the rights of petition or free speech.
SEC. 14. 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. 15. EFFECTIVE DATE.
This Act shall become effective upon enactment. | Citizen Participation Act of 2009 - Declares that Strategic Lawsuits Against Public Participation (SLAPPs), filed against thousands of individuals, organizations, and businesses based upon their valid exercise of the rights to petition or free speech, are an abuse of the judicial process that waste judicial resources and clog the already over-burdened court dockets.
Declares immune from civil liability any act of petitioning the government made without knowledge of falsity or reckless disregard of falsity. Requires a plaintiff (especially in a SLAPP) to prove knowledge of falsity or reckless disregard of falsity by clear and convincing evidence.
Provides that any act in futherance of the constitutional right of petition or free speech shall be entitled to the procedural protections provided in this Act.
Allows a party to file a special motion to dismiss any claim arising from an act or alleged act in furtherance of the constitutional right of petition or free speech within 45 days after service of the claim if the claim was filed in federal court or, if the claim was removed to federal court pursuant to this Act, within 15 days after removal.
Exempts from this Act: (1) certain procedural protections in any action brought solely on behalf of the public or solely to enforce an important right affecting the public interest; and (2) certain claims for relief involving commercial speech. | {"src": "billsum_train", "title": "To protect first amendment rights of petition and free speech by preventing States and the United States from allowing meritless lawsuits arising from acts in furtherance of those rights, commonly called \"SLAPPs\", and for other purposes."} | 2,749 | 305 | 0.542579 | 1.761971 | 1.003013 | 7.365079 | 9.829365 | 0.968254 |
SECTION 1. INTERSTATE AND INTERNATIONAL TRANSPORTATION AND DISPOSAL OF
MUNICIPAL SOLID WASTE.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding after section 4010 the
following new section:
``SEC. 4011. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL
SOLID WASTE.
``(a) Authority.--A State may enact a law or laws imposing
limitations (including a prohibition) on the receipt and disposal of
foreign municipal solid waste.
``(b) Effect on Interstate and Foreign Commerce.--No State action
taken as authorized by this section shall be considered to impose an
undue burden on interstate and foreign commerce or to otherwise impair,
restrain, or discriminate against interstate and foreign commerce.
``(c) Definitions.--For purposes of this section:
``(1) Foreign municipal solid waste.--The term `foreign
municipal solid waste' means municipal solid waste generated
outside of the United States.
``(2) Municipal solid waste.--
``(A) Waste included.--Except as provided in
subparagraph (B), the term `municipal solid waste'
means--
``(i) all waste materials discarded for
disposal by households, including single and
multifamily residences, and hotels and motels;
and
``(ii) all waste materials discarded for
disposal that were generated by commercial,
institutional, municipal, and industrial
sources, to the extent such materials--
``(I) are essentially the same as
materials described in clause (i); and
``(II) were collected and disposed
of with other municipal solid waste
described in clause (i) or subclause
(I) of this clause as part of normal
municipal solid waste collection
services, except that this subclause
does not apply to hazardous materials
other than hazardous materials that,
pursuant to regulations issued under
section 3001(d), are not subject to
regulation under subtitle C.
Examples of municipal solid waste include food and yard
waste, paper, clothing, appliances, consumer product
packaging, disposable diapers, office supplies,
cosmetics, glass and metal food containers, and
household hazardous waste. Such term shall include
debris resulting from construction, remodeling, repair,
or demolition of structures.
``(B) Waste not included.--The term `municipal
solid waste' does not include any of the following:
``(i) Any solid waste identified or listed
as a hazardous waste under section 3001, except
for household hazardous waste.
``(ii) Any solid waste, including
contaminated soil and debris, resulting from--
``(I) a response action taken under
section 104 or 106 of the Comprehensive
Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9604 or
9606);
``(II) a response action taken
under a State law with authorities
comparable to the authorities of such
section 104 or 106; or
``(III) a corrective action taken
under this Act.
``(iii) Recyclable materials that have been
separated, at the source of the waste, from
waste otherwise destined for disposal or that
have been managed separately from waste
destined for disposal.
``(iv) Scrap rubber to be used as a fuel
source.
``(v) Materials and products returned from
a dispenser or distributor to the manufacturer
or an agent of the manufacturer for credit,
evaluation, and possible reuse.
``(vi) Any solid waste that is--
``(I) generated by an industrial
facility; and
``(II) transported for the purpose
of treatment, storage, or disposal to a
facility or unit thereof that is owned
or operated by the generator of the
waste, located on property owned by the
generator or a company with which the
generator is affiliated, or the
capacity of which is contractually
dedicated exclusively to a specific
generator, so long as the disposal area
complies with local and State land use
and zoning regulations applicable to
the disposal site.
``(vii) Any medical waste that is
segregated from or not mixed with solid waste.
``(viii) Sewage sludge and residuals from
any sewage treatment plant.
``(ix) Combustion ash generated by resource
recovery facilities or municipal incinerators,
or waste from manufacturing or processing
(including pollution control) operations not
essentially the same as waste normally
generated by households.''.
(b) Table of Contents Amendment.--The table of contents of the
Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding
after the item relating to section 4010 the following new item:
``Sec. 4011. International transportation and disposal of municipal
solid waste.''. | Amends the Solid Waste Disposal Act to authorize States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Declares that no State action taken pursuant to such authorization shall be considered to impose an undue burden on, or to otherwise impair, restrain, or discriminate against, interstate and foreign commerce.
Lists those materials included and excluded from the definition of municipal solid waste. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to authorize States to restrict receipt of foreign municipal solid waste, and for other purposes."} | 1,079 | 94 | 0.606103 | 1.428104 | 1.441611 | 3.210526 | 12.934211 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare to Work Act of 1994''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the lack of entry level jobs which lead to permanent
gainful employment is a significant impediment to the ability
of welfare recipients to enter the workforce;
(2) even the healthiest economy would be hard-pressed to
create the requisite number of entry level jobs necessary to
provide permanent employment to a significant percentage of
AFDC recipients;
(3) funds which are currently spent for AFDC payments would
have greater economic value if exchanged for work;
(4) ``make work'' government workfare programs to require
work to exchange for AFDC payments are no substitute for
experience in the private sector, which develops valuable
skills and can lead to permanent, gainful employment; and
(5) in order to break the cycle of welfare, maximize the
economic value of AFDC payments by exchanging them for work,
provide AFDC recipients with a pathway to permanent, gainful
employment, and support the efforts to business to hire AFDC
recipients, a one-year tax credit should be extended to
businesses for wages paid to employees whose employment results
in a termination of AFDC eligibility.
SEC. 3. REFUNDABLE CREDIT FOR HIRING AFDC RECIPIENTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. EMPLOYMENT OF AFDC RECIPIENTS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the sum of--
``(1) 50 percent of qualified first-year wages to the
extent such wages do not exceed $6,000, plus
``(2) 25 percent of such wages to the extent such wages
exceed $6,000 but do not exceed $12,000.
``(b) Qualified First-Year Wages.--For purposes of this section--
``(1) In general.--The term `qualified first-year wages'
means, with respect to any individual, qualified wages
attributable to services rendered during the 1-year period
beginning with the day the individual begins work for the
employer.
``(2) Limitation if credit allowed to other employer.--The
1-year period referred to in paragraph (1) shall be reduced
(but not below zero) by the aggregate of the prior periods the
individual rendered services for other employers to the extent
the wages for such periods were taken into account as qualified
first-year wages by any other employer and such periods
exceeded 12 months in the aggregate.
``(3) Qualified wages.--The term `qualified wages' means
wages paid or incurred by the employer during the taxable year
to qualified former AFDC recipients.
``(4) Wages.--Except as provided in subsection (d)(4), the
term `wages' has the meaning given such term by section 51(d)
(determined without regard to paragraph (4) thereof).
``(c) Qualified Former AFDC Recipient.--For purposes of this
section, the term `qualified former AFDC recipient' means any
individual if such individual is certified by the designated local
agency (as defined in section 51(d)(15))--
``(1) as being a member of a family with respect to which
benefits were being paid under a State plan approved under part
A of title IV of the Social Security Act immediately before
such individual's employment with the employer, and
``(2) whose wages from the employer are sufficient to
render such family ineligible for such benefits.
Such term shall not include any individual who is a member of a
targeted group (as defined in section 51(d)).
``(d) Prohibition on Replacing Existing Workers For Purposes of
Obtaining Credit.--No credit shall be allowed by this section for wages
paid to a qualified former AFDC recipient who replaces an employee
whose performance is satisfactory and who is terminated without cause.
``(e) Certain Definitions and Special Rules To Apply.--Rules
similar to the rules of subsections (d)(16), (f), (g), (h), (i), (j),
and (k) of section 51, and section 52, shall apply for purposes of this
section.''
(b) Technical Amendments.--
(1) Subsection (a) of section 280C of such Code (relating
to certain expenses for which credits allowable) is amended by
inserting ``35(a),'' before ``45(a)''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 35 of such Code''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the last item and inserting the following new item:
``Sec. 35. Employment of AFDC recipients.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act. | Welfare to Work Act of 1994 - Amends the Internal Revenue Code to allow a refundable credit for the hiring of qualified former recipients of Aid to Families with Dependent Children (AFDC) under title IV of the Social Security Act.
Prohibits replacing existing workers in order to obtain such credit. | {"src": "billsum_train", "title": "Welfare to Work Act of 1994"} | 1,222 | 66 | 0.503886 | 1.215244 | 0.813306 | 2.781818 | 20.109091 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2008''.
SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION
CONTRIBUTION.
(a) Grants and Other Assistance.--Section 14321(a) of title 40,
United States Code, is amended--
(1) in paragraph (1)(A) by striking clause (i) and inserting
the following:
``(i) the amount of the grant shall not exceed--
``(I) 50 percent of administrative expenses;
``(II) at the discretion of the Commission, if the
grant is to a local development district that has a
charter or authority that includes the economic
development of a county or a part of a county for which
a distressed county designation is in effect under
section 14526, 75 percent of administrative expenses;
or
``(III) at the discretion of the Commission, if the
grant is to a local development district that has a
charter or authority that includes the economic
development of a county or a part of a county for which
an at-risk county designation is in effect under
section 14526, 70 percent of administrative
expenses;''; and
(2) in paragraph (2) by striking subparagraph (A) and inserting
the following:
``(A) In general.--Except as provided in subparagraph (B),
of the cost of any activity eligible for financial assistance
under this section, not more than--
``(i) 50 percent may be provided from amounts
appropriated to carry out this subtitle;
``(ii) in the case of a project to be carried out in a
county for which a distressed county designation is in
effect under section 14526, 80 percent may be provided from
amounts appropriated to carry out this subtitle; or
``(iii) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent may be provided from
amounts appropriated to carry out this subtitle.''.
(b) Demonstration Health Projects.--Section 14502 of title 40,
United States Code, is amended--
(1) in subsection (d) by striking paragraph (2) and inserting
the following:
``(2) Limitation on available amounts.--Grants under this
section for the operation (including initial operating amounts and
operating deficits, which include the cost of attracting, training,
and retaining qualified personnel) of a demonstration health
project, whether or not constructed with amounts authorized to be
appropriated by this section, may be made for up to--
``(A) 50 percent of the cost of that operation;
``(B) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent of the cost of that operation;
or
``(C) in the case of a project to be carried out for a
county for which an at-risk county designation is in effect
under section 14526, 70 percent of the cost of that
operation.''; and
(2) in subsection (f)--
(A) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(B) by adding at the end the following:
``(3) At-risk counties.--The maximum Commission contribution
for a project to be carried out in a county for which an at-risk
county designation is in effect under section 14526 may be
increased to the lesser of--
``(A) 70 percent; or
``(B) the maximum Federal contribution percentage
authorized by this section.''.
(c) Assistance for Proposed Low- and Middle-Income Housing
Projects.--Section 14503 of title 40, United States Code, is amended--
(1) in subsection (d) by striking paragraph (1) and inserting
the following:
``(1) Limitation on available amounts.--A loan under subsection
(b) for the cost of planning and obtaining financing (including the
cost of preliminary surveys and analyses of market needs,
preliminary site engineering and architectural fees, site options,
application and mortgage commitment fees, legal fees, and
construction loan fees and discounts) of a project described in
that subsection may be made for up to--
``(A) 50 percent of that cost;
``(B) in the case of a project to be carried out in a
county for which a distressed county designation is in effect
under section 14526, 80 percent of that cost; or
``(C) in the case of a project to be carried out for a
county for which an at-risk county designation is in effect
under section 14526, 70 percent of that cost.''; and
(2) in subsection (e) by striking paragraph (1) and inserting
the following:
``(1) In general.--A grant under this section for expenses
incidental to planning and obtaining financing for a project under
this section that the Secretary considers to be unrecoverable from
the proceeds of a permanent loan made to finance the project
shall--
``(A) not be made to an organization established for
profit; and
``(B) except as provided in paragraph (2), not exceed--
``(i) 50 percent of those expenses;
``(ii) in the case of a project to be carried out in a
county for which a distressed county designation is in
effect under section 14526, 80 percent of those expenses;
or
``(iii) in the case of a project to be carried out in a
county for which an at-risk county designation is in effect
under section 14526, 70 percent of those expenses.''.
(d) Telecommunications and Technology Initiative.--Section 14504 of
title 40, United States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated to
carry out this section;
``(2) in the case of a project to be carried out in a county
for which a distressed county designation is in effect under
section 14526, 80 percent may be provided from amounts appropriated
to carry out this section; or
``(3) in the case of a project to be carried out in a county
for which an at-risk county designation is in effect under section
14526, 70 percent may be provided from amounts appropriated to
carry out this section.''.
(e) Entrepreneurship Initiative.--Section 14505 of title 40, United
States Code, is amended by striking subsection (c) and inserting the
following:
``(c) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated to
carry out this section;
``(2) in the case of a project to be carried out in a county
for which a distressed county designation is in effect under
section 14526, 80 percent may be provided from amounts appropriated
to carry out this section; or
``(3) in the case of a project to be carried out in a county
for which an at-risk county designation is in effect under section
14526, 70 percent may be provided from amounts appropriated to
carry out this section.''.
(f) Regional Skills Partnerships.--Section 14506 of title 40,
United States Code, is amended by striking subsection (d) and inserting
the following:
``(d) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated to
carry out this section;
``(2) in the case of a project to be carried out in a county
for which a distressed county designation is in effect under
section 14526, 80 percent may be provided from amounts appropriated
to carry out this section; or
``(3) in the case of a project to be carried out in a county
for which an at-risk county designation is in effect under section
14526, 70 percent may be provided from amounts appropriated to
carry out this section.''.
(g) Supplements to Federal Grant Programs.--Section 14507(g) of
title 40, United States Code, is amended--
(1) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) At-risk counties.--The maximum Commission contribution
for a project to be carried out in a county for which an at-risk
county designation is in effect under section 14526 may be
increased to 70 percent.''.
SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.
(a) In General.--Subchapter I of chapter 145 of subtitle IV of
title 40, United States Code, is amended by adding at the end the
following:
``Sec. 14508. Economic and energy development initiative
``(a) Projects To Be Assisted.--The Appalachian Regional Commission
may provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to persons or entities in the Appalachian
region for projects and activities--
``(1) to promote energy efficiency in the Appalachian region to
enhance the economic competitiveness of the Appalachian region;
``(2) to increase the use of renewable energy resources,
particularly biomass, in the Appalachian region to produce
alternative transportation fuels, electricity, and heat; and
``(3) to support the development of regional, conventional
energy resources to produce electricity and heat through advanced
technologies that achieve a substantial reduction in emissions,
including greenhouse gases, over the current baseline.
``(b) Limitation on Available Amounts.--Of the cost of any activity
eligible for a grant under this section, not more than--
``(1) 50 percent may be provided from amounts appropriated to
carry out this section;
``(2) in the case of a project to be carried out in a county
for which a distressed county designation is in effect under
section 14526, 80 percent may be provided from amounts appropriated
to carry out this section; or
``(3) in the case of a project to be carried out in a county
for which an at-risk county designation is in effect under section
14526, 70 percent may be provided from amounts appropriated to
carry out this section.
``(c) Sources of Assistance.--Subject to subsection (b), grants
provided under this section may be provided from amounts made available
to carry out this section in combination with amounts made available
under other Federal programs or from any other source.
``(d) Federal Share.--Notwithstanding any provision of law limiting
the Federal share under any other Federal program, amounts made
available to carry out this section may be used to increase that
Federal share, as the Commission decides is appropriate.''.
(b) Conforming Amendment.--The analysis for chapter 145 of title
40, United States Code, is amended by inserting after the item relating
to section 14507 the following:
``14508. Economic and energy development initiative.''.
SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.
(a) Designation of At-Risk Counties.--Section 14526 of title 40,
United States Code, is amended--
(1) in the section heading by inserting ``, at-risk,'' after
``Distressed''; and
(2) in subsection (a)(1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
(B) in subparagraph (A) by striking ``and'' at the end; and
(C) by inserting after subparagraph (A) the following:
``(B) designate as `at-risk counties' those counties in the
Appalachian region that are most at risk of becoming
economically distressed; and''.
(b) Conforming Amendment.--The analysis for chapter 145 of such
title is amended by striking the item relating to section 14526 and
inserting the following:
``14526. Distressed, at-risk, and economically strong counties.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 14703(a) of title 40, United States Code,
is amended to read as follows:
``(a) In General.--In addition to amounts made available under
section 14501, there is authorized to be appropriated to the
Appalachian Regional Commission to carry out this subtitle--
``(1) $87,000,000 for fiscal year 2008;
``(2) $100,000,000 for fiscal year 2009;
``(3) $105,000,000 for fiscal year 2010;
``(4) $108,000,000 for fiscal year 2011; and
``(5) $110,000,000 for fiscal year 2012.''.
(b) Economic and Energy Development Initiative.--Section 14703(b)
of such title is amended to read as follows:
``(b) Economic and Energy Development Initiative.--Of the amounts
made available under subsection (a), the following amounts may be used
to carry out section 14508--
``(1) $12,000,000 for fiscal year 2008;
``(2) $12,500,000 for fiscal year 2009;
``(3) $13,000,000 for fiscal year 2010;
``(4) $13,500,000 for fiscal year 2011; and
``(5) $14,000,000 for fiscal year 2012.''.
(c) Allocation of Funds.--Section 14703 of such title is amended by
adding at the end the following:
``(d) Allocation of Funds.--Funds approved by the Appalachian
Regional Commission for a project in a State in the Appalachian region
pursuant to a congressional directive shall be derived from the total
amount allocated to the State by the Appalachian Regional Commission
from amounts appropriated to carry out this subtitle.''.
SEC. 6. TERMINATION.
Section 14704 of title 40, United States Code, is amended by
striking ``2007'' and inserting ``2012''.
SEC. 7. ADDITIONS TO APPALACHIAN REGION.
(a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States
Code, is amended--
(1) by inserting ``Metcalfe,'' after ``Menifee,'';
(2) by inserting ``Nicholas,'' after ``Morgan,''; and
(3) by inserting ``Robertson,'' after ``Pulaski,''.
(b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
(1) by inserting ``Ashtabula,'' after ``Adams,'';
(2) by inserting ``Mahoning,'' after ``Lawrence,''; and
(3) by inserting ``Trumbull,'' after ``Scioto,''.
(c) Tennessee.--Section 14102(a)(1)(K) of such title is amended by
inserting ``Lawrence, Lewis,'' after ``Knox,''.
(d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
(1) by inserting ``Henry,'' after ``Grayson,''; and
(2) by inserting ``Patrick,'' after ``Montgomery,''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Appalachian Regional Development Act Amendments of 2008- Limits the amount of Appalachian regional development grants and loans for projects in at-risk counties to 70% of project costs. Directs the Appalachian Regional Commission to designate as "at-risk" those counties in the Appalachian region that are most at risk of becoming economically distressed.
Authorizes the Commission to provide technical assistance, provide grants, enter into contracts, or otherwise provide amounts to entities in the region for projects and activities to: (1) promote energy efficiency; (2) increase the use of renewable energy resources; and (3) support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies.
Authorizes appropriations to the Commission through FY2012, with specified amounts designated for the economic and energy development initiative. Requires funds approved by the Commission for a project in an Appalachian state pursuant to a congressional directive to be derived from the amount allocated to that state.
Extends the termination date of the Appalachian Regional Development Act of 1965 until October 1, 2012.
Adds to the Appalachian region the counties of: (1) Metcalfe, Nicholas, and Robertson in Kentucky; (2) Ashtabula, Mahoning, and Trumbull in Ohio; (3) Lawrence and Lewis in Tennessee; and (4) Henry and Patrick in Virginia. | {"src": "billsum_train", "title": "A bill to reauthorize and improve the program authorized by the Appalachian Regional Development Act of 1965."} | 3,578 | 289 | 0.474541 | 1.383473 | 0.788713 | 3.126482 | 12.683794 | 0.897233 |
SECTION 1. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION
OFFICIALS OR ELECTION WORKERS FROM COVERAGE.
(a) Limitation on Mandatory Coverage of State Election Officials
and Election Workers Without State Retirement System.--
(1) Amendment to social security act.--Section
210(a)(7)(F)(iv) of the Social Security Act (42 U.S.C.
410(a)(7)(F)(iv)) (as amended by section 11332(a) of the
Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) with respect to
service performed thereafter''.
(2) Amendment to fica.--Section 3121(b)(7)(F)(iv) of the
Internal Revenue Code of 1986 (as amended by section 11332(b)
of the Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) of the Social
Security Act with respect to service performed thereafter''.
(b) Conforming Amendments Relating to Medicare Qualified Government
Employment.--
(1) Amendment to social security act.--Section 210(p)(2)(E)
of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended
by striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) with respect to
service performed thereafter''.
(2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the
Internal Revenue Code of 1986 is amended by striking ``$100''
and inserting ``$1,000 with respect to service performed during
1994, and the exempt remuneration amount determined under
section 218(c)(8)(B) of the Social Security Act with respect to
service performed thereafter''.
(c) Authority for States To Modify Coverage Agreements With Respect
to Election Officials and Election Workers.--Section 218(c)(8) of the
Social Security Act (42 U.S.C. 418(c)(8)) is amended--
(1) by striking ``on or after January 1, 1968,'' and
inserting ``at any time'';
(2) by striking ``$100'' and inserting ``$1,000 with
respect to service performed during 1994, and the exempt
remuneration amount determined under subparagraph (B) with
respect to service performed thereafter''; and
(3) by striking the last sentence and inserting the
following new sentence: ``Any modification of an agreement
pursuant to this paragraph shall be effective with respect to
services performed in and after the calendar year in which the
modification is mailed or delivered by other means to the
Secretary.''.
(d) Indexation of Exempt Remuneration Amount.--
(1) In general.--Section 218(c)(8) of the Social Security
Act (as amended by subsection (c)) is further amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following new
subparagraphs:
``(B) The Secretary shall, on or before November 1 of 1994, and of
every year thereafter, determine and publish in the Federal Register
the exempt remuneration amount which shall be effective with respect to
service performed during the following calendar year.
``(C) The exempt remuneration amount determined under subparagraph
(B) shall be the larger of--
``(i) the dollar amount in effect under subparagraph (A)
with respect to service performed during the calendar year in
which the determination under subparagraph (B) is made, or
``(ii) the product of--
``(I) $1,000, and
``(II) the indexing ratio described in subparagraph
(D).
``(D) For purposes of subparagraph (C)(ii)(II), the indexing ratio
is the ratio of--
``(i) the deemed average total wages (as defined in section
209(k)(1)) for the calendar year before the calendar year in
which the determination under subparagraph (B) is made, to
``(ii) the average of the total wages (as defined in
regulations of the Secretary and computed without regard to the
limitations specified in section 209(a)(1)) reported to the
Secretary of the Treasury or his delegate for 1992 (as
published in the Federal Register in accordance with section
215(a)(1)(D)),
with such product, if not a multiple of $100, being rounded to the next
higher multiple of $100 where such product is a multiple of $50 but not
of $100 and to the nearest multiple of $100 in any other case.''.
(2) Conforming amendment.--Section 209(k)(1) of such Act
(42 U.S.C. 409(k)(1)) is amended by inserting
``218(c)(8)(D)(i),'' after ``215(b)(3)(A)(ii),''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to service performed on or after
January 1, 1994. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to increase the amount of remuneration State and local governments may pay certain election personnel without exceeding the threshold that would bring such personnel under social security coverage. | {"src": "billsum_train", "title": "To expand the State option to exclude service of election officials or workers from coverage under the social security system."} | 1,294 | 62 | 0.498568 | 1.243227 | 0.280251 | 1.431373 | 19.843137 | 0.607843 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marrakesh Treaty Implementation
Act''.
SEC. 2. IMPLEMENTATION AMENDMENTS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended--
(1) in section 121--
(A) in subsection (a)--
(i) by inserting ``in the United States'' after
``distribute'';
(ii) by striking ``, nondramatic'';
(iii) by inserting ``or of a previously published
musical work that has been fixed in the form of text or
notation'' after ``literary work'';
(iv) by striking ``specialized formats'' and inserting
``accessible formats''; and
(v) by striking ``blind or other persons with
disabilities'' and inserting ``eligible persons'';
(B) in subsection (b)(1)--
(i) in subparagraph (A)--
(I) by inserting ``in the United States'' after
``distributed'';
(II) by striking ``a specialized format'' and
inserting ``an accessible format''; and
(III) by striking ``blind or other persons with
disabilities'' and inserting ``eligible persons''; and
(ii) in subparagraph (B), by striking ``a specialized
format'' and inserting ``an accessible format'';
(C) in subsection (c)(3), by striking ``specialized
formats'' and inserting ``accessible formats''; and
(D) in subsection (d)--
(i) by striking paragraphs (2) and (4);
(ii) by redesignating paragraph (1) as paragraph (2);
(iii) by redesignating paragraph (3) as paragraph (4);
(iv) by inserting before paragraph (2), as so
redesignated, the following:
``(1) `accessible format' means an alternative manner or form
that gives an eligible person access to the work when the copy or
phonorecord in the accessible format is used exclusively by the
eligible person to permit him or her to have access as feasibly and
comfortably as a person without such disability as described in
paragraph (3);'';
(v) by inserting after paragraph (2), as so
redesignated, the following:
``(3) `eligible person' means an individual who, regardless of
any other disability--
``(A) is blind;
``(B) has a visual impairment or perceptual or reading
disability that cannot be improved to give visual function
substantially equivalent to that of a person who has no such
impairment or disability and so is unable to read printed works
to substantially the same degree as a person without an
impairment or disability; or
``(C) is otherwise unable, through physical disability, to
hold or manipulate a book or to focus or move the eyes to the
extent that would be normally acceptable for reading; and'';
and
(vi) in paragraph (4), as so redesignated, by striking
``; and'' at the end and inserting a period; and
(2) by inserting after section 121 the following:
``Sec. 121A. Limitations on exclusive rights: reproduction for blind or
other people with disabilities in Marrakesh Treaty countries
``(a) Notwithstanding the provisions of sections 106 and 602, it is
not an infringement of copyright for an authorized entity, acting
pursuant to this section, to export copies or phonorecords of a
previously published literary work or of a previously published musical
work that has been fixed in the form of text or notation in accessible
formats to another country when the exportation is made either to--
``(1) an authorized entity located in a country that is a Party
to the Marrakesh Treaty; or
``(2) an eligible person in a country that is a Party to the
Marrakesh Treaty,
if prior to the exportation of such copies or phonorecords, the
authorized entity engaged in the exportation did not know or have
reasonable grounds to know that the copies or phonorecords would be
used other than by eligible persons.
``(b) Notwithstanding the provisions of sections 106 and 602, it is
not an infringement of copyright for an authorized entity or an
eligible person, or someone acting on behalf of an eligible person,
acting pursuant to this section, to import copies or phonorecords of a
previously published literary work or of a previously published musical
work that has been fixed in the form of text or notation in accessible
formats.
``(c) In conducting activities under subsection (a) or (b), an
authorized entity shall establish and follow its own practices, in
keeping with its particular circumstances, to--
``(1) establish that the persons the authorized entity serves
are eligible persons;
``(2) limit to eligible persons and authorized entities the
distribution of accessible format copies by the authorized entity;
``(3) discourage the reproduction and distribution of
unauthorized copies;
``(4) maintain due care in, and records of, the handling of
copies of works by the authorized entity, while respecting the
privacy of eligible persons on an equal basis with others; and
``(5) facilitate effective cross-border exchange of accessible
format copies by making publicly available--
``(A) the titles of works for which the authorized entity
has accessible format copies or phonorecords and the specific
accessible formats in which they are available; and
``(B) information on the policies, practices, and
authorized entity partners of the authorized entity for the
cross-border exchange of accessible format copies.
``(d) Nothing in this section shall be construed to establish--
``(1) a cause of action under this title; or
``(2) a basis for regulation by any Federal agency.
``(e) Nothing in this section shall be construed to limit the
ability to engage in any activity otherwise permitted under this title.
``(f) For purposes of this section--
``(1) the terms `accessible format', `authorized entity', and
`eligible person' have the meanings given those terms in section
121; and
``(2) the term `Marrakesh Treaty' means the Marrakesh Treaty to
Facilitate Access to Published Works by Visually Impaired Persons
and Persons with Print Disabilities concluded at Marrakesh,
Morocco, on June 28, 2013.''.
(b) Table of Sections Amendment.--The table of sections for chapter
1 of title 17, United States Code, is amended by inserting after the
item relating to section 121 the following:
``121A. Limitations on exclusive rights: reproduction for blind or other
people with disabilities in Marrakesh Treaty countries.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Marrakesh Treaty Implementation Act (Sec. 2) This bill amends federal copyright law to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Marrakesh Treaty). Specifically, it modifies the limitations and exceptions to federal copyright infringement that allow published works to be reproduced and distributed in accessible formats for individuals with print disabilities. The bill: makes such limitations and exceptions applicable only to activities in the United States, broadens the scope of published works that may be reproduced and distributed in accessible formats, and modifies certain terms and definitions to conform with the Marrakesh Treaty. Additionally, the bill adds a new section to allow published works in accessible formats to be exported and imported for individuals with print disabilities. | {"src": "billsum_train", "title": "Marrakesh Treaty Implementation Act"} | 1,548 | 189 | 0.602709 | 1.635142 | 0.761106 | 1.466216 | 9.722973 | 0.777027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber-Crime Act of 2007''.
SEC. 2. CONSPIRACY TO COMMIT CYBER-CRIMES.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)(5)(B), by inserting ``or a conspiracy
to commit an offense,'' after ``offense,''; and
(2) in subsection (b), by inserting ``conspires to commit
or'' after ``Whoever''.
SEC. 3. FIXING LOOPHOLES WITH CYBER-EXTORTION.
Section 1030(a)(7) of title 18, United States Code, is amended to
read as follows:
``(7) with intent to extort from any person any money or
other thing of value, transmits in interstate or foreign
commerce any communication containing any--
``(A) threat to cause damage to a protected
computer;
``(B) threat to obtain information or impair the
confidentiality of information obtained from a
protected computer without authorized access or by
exceeding authorized access; or
``(C) demand or request for money or other thing of
value in relation to damage to a protected computer,
where such damage was caused to facilitate the
extortion;''.
SEC. 4. DAMAGE TO PROTECTED COMPUTERS.
(a) In General.--Section 1030(a)(5)(B) of title 18, United States
Code, is amended--
(1) in clause (iv), by striking ``or'' at the end;
(2) in clause (v), by inserting ``or'' at the end; and
(3) by adding at the end the following:
``(vi) damage affecting 10 or more
protected computers during any 1-year
period.''.
(b) Terrorism.--Section 2332b(g)(5)(B)(i) of title 18, United
States Code, is amended by striking ``1030(a)(5)(A)(ii) through (v)
(relating to protection of computers)'' and inserting
``1030(a)(5)(A)(ii) through (vi) (relating to the protection of
computers)''.
SEC. 5. RICO PREDICATES.
Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``section 1030 (relating to fraud and related activity in
connection with computers),'' before ``section 1084,''.
SEC. 6. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL
PENALTIES.
(a) Elimination of Requirement of an Interstate or Foreign
Communication for Certain Offenses Involving Protected Computers.--
Section 1030(a)(2)(C) of title 18, United States Code, is amended by
striking ``if the conduct involved an interstate or foreign
communication''.
(b) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United
States Code, is amended by inserting ``or affecting'' after ``which is
used in''.
SEC. 7. CIVIL FORFEITURE FOR SECTION 1030 VIOLATIONS.
Section 1030 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Forfeiture.--
``(1) Civil.--
``(A) In general.--The court, in imposing sentence
for an offense under this section, shall, in addition
to any other sentence imposed and irrespective of any
provision of State law, order that the person forfeit
to the United States--
``(i) the person's interest in any personal
property that was used or intended to be used
to commit or to facilitate the commission of
such violation; and
``(ii) any property, real or personal,
constituting or derived from, any proceeds the
person obtained, directly or indirectly, as a
result of such violation.
``(B) Applicable procedures.--Seizures and
forfeitures under this paragraph shall be governed by
the provisions of chapter 46 of title 18, United States
Code, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury
under the customs laws described in section 981(d) of
title 18 shall be performed by such officers, agents
and other persons as may be designated for that purpose
by the Secretary of Homeland Security.
``(2) Criminal.--Pursuant to section 2461(c) of title 28,
United States Code, the criminal forfeiture of property under
this section, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse and Prevention Control Act of 1970 (21
U.S.C. 853), except subsection (d) of that section.
``(3) Property subject to forfeiture.--Any real or personal
property of a violator of this section or a person acting in
concert with such a violator that is used to commit or
facilitate the commission of a violation of this section, the
gross proceeds of such violation, and any property traceable to
such property or proceeds, shall be subject to forfeiture.''.
SEC. 8. DIRECTIVE TO SENTENCING COMMISSION.
(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review its guidelines and
policy statements applicable to persons convicted of offenses under
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States
Code and any other relevant provisions of law, in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by such guidelines and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
subsection (a), the Commission shall consider the extent to which the
guidelines and policy statements may or may not account for the
following factors in order to create an effective deterrent to computer
crime and the theft or misuse of personally identifiable data:
(1) The level of sophistication and planning involved in
such offense.
(2) Whether such offense was committed for purpose of
commercial advantage or private financial benefit.
(3) The potential and actual loss resulting from the
offense including--
(A) the value of information obtained from a
protected computer, regardless of whether the owner was
deprived of use of the information; and
(B) where the information obtained constitutes a
trade secret or other proprietary information, the cost
the victim incurred developing or compiling the
information.
(4) Whether the defendant acted with intent to cause either
physical or property harm in committing the offense.
(5) The extent to which the offense violated the privacy
rights of individuals.
(6) The effect of the offense upon the operations of an
agency of the United States Government, or of a State or local
government.
(7) Whether the offense involved a computer used by the
United States Government, a State, or a local government in
furtherance of national defense, national security, or the
administration of justice.
(8) Whether the offense was intended to, or had the effect
of significantly interfering with or disrupting a critical
infrastructure.
(9) Whether the offense was intended to, or had the effect
of creating a threat to public health or safety, causing injury
to any person, or causing death.
(10) Whether the defendant purposefully involved a juvenile
in the commission of the offense.
(11) Whether the defendant's intent to cause damage or
intent to obtain personal information should be disaggregated
and considered separately from the other factors set forth in
USSG 2B1.1(b)(14).
(12) Whether the term ``victim,'' as used in USSG 2B1.1,
should include individuals whose privacy was violated as a
result of the offense in addition to individuals who suffered
monetary harm as a result of the offense.
(13) Whether the defendant disclosed personal information
obtained during the commission of the offense.
(c) Additional Requirements.--In carrying out this section, the
Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing
guidelines; and
(4) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
SEC. 9. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
CRIMINAL ACTIVITY INVOLVING COMPUTERS.
(a) Additional Funding for Resources.--In addition to amounts
otherwise authorized for resources to investigate and prosecute
criminal activity involving computers, there are authorized to be
appropriated for each of the fiscal years 2008 through 2012--
(1) $10,000,000 to the Director of the United States Secret
Service and $10,000,000 to the Director of the Federal Bureau
of Investigation to hire and train law enforcement officers to
investigate crimes committed through the use of computers and
other information technology, including through the use of the
Internet, and assist in the prosecution of such crimes and
procure advanced tools of forensic science to investigate and
study such crimes; and
(2) $10,000,000 to the Attorney General for the prosecution
of such crimes.
(b) Availability.--Any amounts appropriated under subsection (a)
shall remain available until expended. | Cyber-Crime Act of 2007 - Amends the federal criminal code to: (1) add criminal penalties for conspiracy to intentionally access a protected computer (i.e., computers serving the federal government or financial institutions); (2) redefine the crime of computer-related extortion to include threats to access without authorization (or to exceed authorized access of) a protected computer; (3) impose criminal penalties for damaging 10 or more protected computers during any one-year period; (4) expand the definition of racketeering to include computer fraud; (5) eliminate the interstate communication requirement for purposes of prosecuting computer fraud offenses; and (6) impose civil forfeiture penalties for unauthorized access to protected computers.
Directs the U.S. Sentencing Commission to review and revise its sentencing guidelines and policy statements for crimes involving document and computer fraud, aggravated identity theft, and illegal wiretapping to reflect congressional intent to increase the penalties for such crimes.
Authorizes additional funding for the U.S. Secret Service, the Federal Bureau of Investigation (FBI), and the Attorney General in FY2008-FY2012 to investigate and prosecute criminal activity involving computers. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to improve prevention, investigation, and prosecution of cyber-crime, and for other purposes."} | 2,141 | 254 | 0.542 | 1.501639 | 0.791997 | 1.752336 | 8.897196 | 0.836449 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Urgent Investment to Local
Development Act'' or the ``BUILD Act''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT; RECOVERY ZONE ECONOMIC
DEVELOPMENT BONDS FOR CERTAIN CITIES.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after ``January 1,
2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2014................................................... 35
2015................................................... 32
2016................................................... 31
2017................................................... 30
2018................................................... 29
2019 and thereafter.................................... 28.''.
(c) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after
``January 1, 2011,'' in subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bringing
Urgent Investment to Local Development Act,'' after
``January 1, 2011,'', and
(B) by striking ``Qualified Bonds Issued Before
2011'' in the heading and inserting ``Certain Qualified
Bonds''.
(d) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2014................................................... 35
2015................................................... 32
2016................................................... 31
2017................................................... 30
2018................................................... 29
2019 and thereafter.................................... 28.''.
(e) Recovery Zone Economic Development Bonds for Certain Cities.--
(1) In general.--Section 54AA of such Code is amended by
redesignating subsection (h) as subsection (i) and by inserting
after subsection (g) the following:
``(h) Special Rule for Recovery Zone Economic Development Bonds for
Certain Cities.--In the case of an economic development extension
bond--
``(1) Issuer allowed refundable credit.--In lieu of any
credit allowed under this section with respect to such bond,
the issuer of such bond shall be allowed a credit as provided
in section 6431.
``(2) Applicable percentage.--The applicable percentage
under subsection (b) shall be 35 percent.
``(3) Economic development extension bond.--For purposes of
this subsection--
``(A) In general.--The term `economic development
extension bond' means any build America bond issued as
part of an issue if--
``(i) 100 percent of the excess of--
``(I) the available project
proceeds (as defined in section 54A) of
such issue, over
``(II) the amounts in a reasonably
required reserve (within the meaning of
section 150(a)(3)) with respect to such
issue,
are to be used for one or more qualified
purposes, and
``(ii) the issuer makes an irrevocable
election to have this subsection apply and
designates such bond for purposes of this
section.
``(B) Qualified purposes.--The term `qualified
purposes' means--
``(i) any qualified economic development
purpose (as defined in section 1400U-2(c),
applied by treating specified cities (and only
specified cities) as recovery zones), and
``(ii) any refinancing of indebtedness of a
specified city which is outstanding on the date
of the enactment of this subsection.
``(C) Specified city.--The term `specified city'
means any principal city for a metropolitan statistical
area (as determined by the Office of Management and
Budget) which--
``(i) has an average unemployment rate of
not less than 150 percent of the national
average rate for the last calendar year ending
before the date of the enactment of this
section,
``(ii) has a poverty rate of not less that
150 percent of the national poverty rate for
the last calendar year ending before the date
of the enactment of this section, or
``(iii) has lost at least 20 percent of its
population between calendar year 2000 and
calendar year 2010.
``(D) Limitation on amount of bonds designated.--
``(i) In general.--The maximum aggregate
face amount of bonds which may be designated
under subparagraph (A) with respect to any
specified city shall not exceed the bond
limitation allocated to such city under clause
(ii).
``(ii) Allocation.--The Secretary shall
allocate bond limitation to each specified city
such that the bond limitation allocated to such
city bears the same proportion to
$1,000,000,000 as the population of such city
(as determined for purposes of the 2010 census)
bears to the total population of all specified
cities (as so determined).''.
(2) Payments to issuers.--Section 6431 of such Code is
amended by adding at the end the following:
``(g) Application of Section to Certain Economic Development
Extension Bonds.--
``(1) In general.--An economic development extension bond
shall be treated as a qualified bond for purposes of this
section.
``(2) Applicable percentage.--The applicable percentage
under subsection (b) shall be 35 percent.''.
(f) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(g) Gross-Up of Payment to Issuers in Case of Sequestration.--In
the case of any payment under section 6431(b) of the Internal Revenue
Code of 1986 made after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be increased to
an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration'' means any
reduction in direct spending ordered in accordance with a sequestration
report prepared by the Director of the Office and Management and Budget
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or the Statutory Pay-As-You-Go Act of 2010.
(h) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act. | Bringing Urgent Investment to Local Development Act or the BUILD Act - Amends the Internal Revenue Code, with respect to the tax credit for investment in Build America bonds, to: (1) make permanent the authority for issuance of such bonds, (2) phase in an annual reduction in the credit rate for bondholders and issuers between 2014 and 2019, and (3) allow an issuer a refundable credit amount for investment in economic development bonds in cities with specified unemployment and poverty rates and population loss. | {"src": "billsum_train", "title": "BUILD Act"} | 2,161 | 137 | 0.484697 | 1.219496 | 0.649057 | 1.615385 | 20.934066 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``5-Star Generals Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States Army Command and General Staff
College, founded in 1881, has in its many evolutionary forms,
served this country consistently and well for 127 years.
(2) The Command and General Staff College has played a
decisive role in the education and training of officers,
particularly in their field grade years of service, in times of
war and peace, since its establishment.
(3) The Command and General Staff College has had a
salutatory effect on many fields of battle by providing its
officer student bodies the necessary skills of battle
management, leadership development, and the most modern and
effective command and staff action procedures, all of which
have been key to this Nations' success in its many conflicts
which, thereby, have preserved its freedoms and way of life.
(4) The Command and General Staff College, the Nations'
oldest military staff college, does not have a commemorative
coin cast in celebrating its long and honorable history,
displaying its heritage, and serving as a reminder to the
holder of such coins the service to the Nation its graduates
have provided in war and peace.
(5) The United States Army Command and General Staff
College is the Nation's largest and oldest military staff
college, continuing to educate officers from all United States
branches of military services, select members of our civil
government, and officers from many friendly and allied nations
from around the globe. Located in the middle of the American
heartland, will continue to serve as a beacon of light to the
proposition of intellectual curiosity and professional military
excellence in the development of its students, and serve as a
link to American citizenry grateful for the sacrifices, some in
the fullest measure of duty and devotion to the Nation, made by
the graduates of its Command and Staff College.
(6) The Command and General Staff College Foundation, Inc.
(in this Act referred to as the ``Foundation'') is dedicated to
promoting excellence in he faculty and students of the United
States Army Command and General Staff College. Seeking new ways
to educate and remind our citizens regarding the capable and
selfless service of our military officers, and to imbue in them
a sense of pride in those who bear the burden of military
leadership in our Nation's wars and in times of peace.
(7) The Foundation is a nongovernmental, member-based, and
publicly supported nonprofit organization that is entirely
dependent on funds from members, donations, and grants for its
functions and supports exclusively the United States Army
Command and General Staff College.
(8) The Foundation uses funding to provide the Margin of
Excellence to the programs and activities of the College in
support of the educational needs of the Nation's field grade
officer corps, and the faculty and staff attendant thereto.
(9) In 2006, the Secretary of the Army accepted the first
Foundation gift to the College in support of the Command and
General Staff College.
(10) The Foundation is actively engaged in the initial
stages of its first capital campaign to support the Command and
General Staff College.
(11) The 5 5-Star Generals who attended or taught at the
Command and General Staff College; include Douglas MacArthur,
George C. Marshall, Henry ``Hap'' Arnold, Dwight D. Eisenhower,
and Omar N. Bradley.
(12) Douglas macarthur, general of the army.--
(A) General MacArthur was a distinguished soldier,
scholar, and strategist who gave sixty-one years of
service to his country.
(B) He commanded the 42d Division in World War I,
and later served as the Chief of the Army General
Staff. Prior to retirement, he was the Military Advisor
to the Commonwealth of the Philippines.
(C) In 1941, he was recalled to active duty as
Commanding General, United States Army Far East.
(D) He was awarded the Medal of Honor for his
heroic defense of the Philippines.
(E) After being ordered to depart the Philippines
by the President, he inspired the world with his
statement, ``I shall return.''.
(F) Forces under his command defeated those of the
Empire of Japan.
(G) After accepting the Japanese surrender, he
directed the highly successful reconstruction of the
Japanese nation, and served as the first commander of
United Nations Forces during the Korean War.
(H) General MacArthur, son of General Arthur
MacArthur, spent time as a child at Ft. Leavenworth and
later in his career, he taught as a Captain in the
Field Engineering School, and served as the adjutant,
quartermaster, and commanding officer of the 3d
Engineer Battalion (later reflagged as the 2d Engineer
Battalion).
(13) George c. marshall, general of the army.--
(A) General George C. Marshall entered the Army
from the Virginia Military Institute in 1902.
(B) During a long career of public service, he
distinguished himself as a leader, tactician,
strategist, statesman, and, truly, as the ``Organizer
of Victory.''
(C) In World War I, he was regarded as one of the
most talented staff officers in the United States Army.
(D) After that war, and throughout the many long
and challenging duties of the interwar years, he was
appointed United States Army Chief of the General Staff
in 1939.
(E) During World War II, he achieved recognition as
one of America's greatest military leaders.
(F) As chief strategist of that global war, he
materially assisted in directing the Allied Powers to
victory.
(G) In 1947 he was appointed Secretary of State for
the United States and his outstanding career as a
statesman proved equal to his brilliant military
career.
(H) He was awarded the Nobel Peace Prize for his
conception and implementation of the European Recovery
Program, and, subsequently, he served as the Secretary
of Defense for 1 year.
(I) General Marshall's service at Ft. Leavenworth
included graduation from the United States Army School
of the Line in 1907, the United States Army Staff
College in 1908, followed by instructor duty at Ft.
Leavenworth from in 1909 and 1910.
(14) Henry h. arnold, general of the army.--
(A) General ``Hap'' Arnold is the only officer in
the history of our country to earn the ranks of General
of the Army and General of the Air Force.
(B) General Arnold, a graduate of West Point in
1907, received his pilot training in 1911 from the
Wright brothers in Dayton, Ohio.
(C) He became one of our Nation's strongest
advocates for air power, and personally held numerous
records and trophies for flying achievements, to
include the first delivery of United States mail by
air.
(D) Accomplishments in and from the air in the
World Wars, particularly in World War II, were heavily
influenced by his genius.
(E) As a result of General Arnold's contributions,
massed air power gave a third dimension to battles of
World War II, swept the skies of the enemy, and denied
him mobility on the ground.
(F) One of General Arnold's citations reads in
part: ``From conception to execution, General Arnold's
leadership guided the mightiest air force in history.''
(G) General Arnold's service at Ft. Leavenworth was
as a student at the Command and General Staff College,
1928-1929.
(15) Dwight d. eisenhower, general of the army.--
(A) General Dwight D. Eisenhower, in 1915, began a
career of distinguished public service reaching the
highest positions of military and civil leadership in
the United States.
(B) During World War II, as Commander in Chief,
Allied Expeditionary Force, he led the invasion of
North Africa and defeated the German force on that
continent.
(C) In 1944, as Supreme Allied Commander, Allied
Expeditionary Force, he was instructed: ``You will
enter the continent of Europe, and, in conjunction with
other United Nations, undertake operations aimed at the
heart of Germany and the destruction of her armed
forces.''
(D) In accomplishing this mission, he commanded the
largest combination of land, sea and air forces in
history.
(E) Following World War II, he was instrumental in
the development of the North Atlantic Treaty
Organization.
(F) After his brilliant military career he was
elected 34th President of the United States.
(G) His service at Ft. Leavenworth was 1917-1918 as
a tactical instructor officer for a course for
lieutenants and in 1925-1926 as a student at the
Command and General Staff College from which he was the
honor graduate of his class.
(16) Omar n. bradley, general of the army.--
(A) Throughout his distinguished military career,
General Omar N. Bradley was recognized as an
exceptional leader, tactician, and educator.
(B) As Commandant of the Infantry School, he
developed the officer candidate program through which
more than 45,000 combat leaders of World War II were
commissioned.
(C) During the war, he successfully commanded a
division, corps, army, and army group. While commanding
II Corps, he was instrumental in defeating German
forces in North Africa and Sicily.
(D) His successful career as a field commander
reached a peak when, as commander of the 12th Army
Group, he greatly assisted in the liberation of Europe.
(E) This group contained the largest number of
American to ever serve under one commander. He became
the Army Chief of Staff in 1948 and the first Chairman
of the Joint Chiefs of Staff in 1949.
(F) General Bradley's service at Ft. Leavenworth
was as a student at the Command and General Staff
College, 1928-1929.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the 5-Star
Generals attendance and graduation from the Command and General Staff
College, and notwithstanding any other provision of law, the Secretary
of the Treasury (hereafter in this act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall include the portraits of Generals George C. Marshall,
Douglas MacArthur, Dwight D. Eisenhower, Henry ``Hap'' Arnold
and Omar N. Bradley.
(2) Designations 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 ``2013''; 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--
(1) be selected by the Secretary after consultation with
the Command and General Staff College Foundation, and the
Commission of Fine Arts; and
(2) be 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 Facilities.--For each of the three coins minted under this
Act, at least one facility will be used to strike proof quality coins,
while at least one other facility will be used to strike the
uncirculated quality coins.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2013.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Command and General Staff College Foundation to help finance their
support of the Command and General Staff College.
(c) Audits.--The Command and General Staff College Foundation shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received by the
Foundation under subsection (b).
(d) Limitation.--Notwithstanding subsection(a), no surcharge may be
included with respect to the issuance under this Act of any coin during
a calendar year if, as of the time of such issuance, the issuance of
such coin would result in the number of commemorative coin programs
issued during such year to exceed the annual commemorative coin program
issuance limitation under section 5112(m)(1) of title 31, United States
Code (as in effect on the date of the enactment of this Act). The
Secretary of the Treasury may issue guidance to carry out this
subsection. | 5-Star Generals Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition of five United States Army Five-Star Generals: George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry "Hap" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas.
Requires the design of the coins to include portraits of the generals.
Restricts the issuance of such coins to calendar 2013.
Requires specified surcharges in the sale of such coins, which shall be paid promptly to the Command and General Staff College Foundation to help finance its support of the College. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in recognition of 5 United States Army 5-Star Generals, George Marshall, Douglas MacArthur, Dwight Eisenhower, Henry \"Hap\" Arnold, and Omar Bradley, alumni of the United States Army Command and General Staff College, Fort Leavenworth, Kansas, to coincide with the celebration of the 132nd Anniversary of the founding of the United States Army Command and General Staff College."} | 3,382 | 168 | 0.442966 | 1.562924 | 0.334278 | 2.871429 | 22.785714 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Indian Health Act of
2005''.
SEC. 2. APPLICATION OF 100 PERCENT FMAP FOR SERVICES FURNISHED TO AN
INDIAN BY AN URBAN INDIAN HEALTH PROGRAM.
(a) In General.--The third sentence of section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), is amended by inserting
before the period at the end the following: ``, or through an urban
Indian health program receiving funds under title V of the Indian
Health Care Improvement Act''.
(b) Conforming Amendment.--Section 1911(c) of such Act (42 U.S.C.
1396j(c)), is amended by inserting ``, or through an urban Indian
health program receiving funds under title V of the Indian Health Care
Improvement Act'' after ``facilities''.
SEC. 3. PROHIBITION ON IMPOSITION OF PREMIUMS, DEDUCTIBLES, COPAYMENTS,
AND OTHER COST-SHARING ON INDIANS.
Section 1916 of the Social Security Act (42 U.S.C. 1396o) is
amended--
(1) in subsection (a)(3), by inserting ``(other than such
individuals who are Indians (as defined in section 4 of the
Indian Health Care Improvement Act)'' after ``other such
individuals'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``or who are Indians (as defined in section 4
of the Indian Health Care Improvement Act)'' after ``section
1902(a)(10)''; and
(3) in subsection (c)(1), by inserting ``(other than such
an individual who is an Indian (as defined in section 4 of the
Indian Health Care Improvement Act))'' after ``section
1902(l)(1)''.
SEC. 4. PROHIBITION ON RECOVERY AGAINST ESTATES OF INDIANS.
Section 1917(b)(1) of the Social Security Act (42 U.S.C.
1396p(b)(1)) is amended, in the matter preceding subparagraph (A), by
inserting `` who is not an Indian (as defined in section 4 of the
Indian Health Care Improvement Act)'' after ``an individual'' the
second place it appears.
SEC. 5. REQUIREMENT FOR CONSULTATION WITH INDIAN TRIBES PRIOR TO
APPROVAL OF SECTION 1115 WAIVERS.
Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended
by adding at the end the following:
``(g) In the case of an application for a waiver of compliance with
the requirements of section 1902 (or a renewal or extension of such a
waiver) that is likely to affect members of an Indian tribe (as defined
in section 4 of the Indian Health Care Improvement Act) or a tribal
health program (whether operated by an Indian tribe or a tribal
organization (as so defined) serving such members, the Secretary shall,
prior to granting such a waiver under subsection (a) or renewing or
extending such a waiver under subsection (e), consult with each such
Indian tribe.''.
SEC. 6. REQUIREMENT FOR FAIR PAYMENT BY MEDICAID MANAGED CARE ENTITIES
TO INDIAN HEALTH PROGRAM PROVIDERS.
Section 1903(m)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1396b(m)(2)(A)(ii)) is amended to read as follows:
``(ii) such contract provides, in the case
of entity that has entered into a contract for
the provision of services with a facility or
program of the Indian Health Service, whether
operated by the Service or an Indian tribe or
tribal organization (as defined in section 4 of
the Indian Health Care Improvement Act) or an
urban Indian health program receiving funds
under title V of the Indian Health Care
Improvement Act , that is not a Federally-
qualified health center or a rural health
clinic, that the entity shall provide payment
that is not less than the highest level and
amount of payment that the entity would make
for the services if the services were furnished
by a provider that is not a facility or program
of the Indian Health Service;''.
SEC. 7. TREATMENT OF MEDICAL EXPENSES PAID BY OR ON BEHALF OF AN INDIAN
BY AN INDIAN HEALTH PROGRAM AS COSTS INCURRED FOR MEDICAL
CARE FOR PURPOSES OF DETERMINING MEDICALLY NEEDY
ELIGIBILITY.
Section 1902(a)(17)(D) of the Social Security Act (42 U.S.C.
1396a(a)(17)(D)) is amended by inserting ``or by the Indian Health
Service or an Indian tribe or tribal organization (as defined in
section 4 of the Indian Health Care Improvement Act)'' after
``political subdivision thereof''.
SEC. 8. STATE OPTION TO EXEMPT INDIANS FROM REDUCTIONS IN ELIGIBILITY
OR BENEFITS.
Section 1902 of the Social Security Act (42 U.S.C. 1396a)) is
amended by inserting after subsection (j) the following:
``(k) The Secretary shall not disapprove a State plan amendment, or
deny a State request for a waiver under section 1115 (or a renewal or
extension of such a waiver), on the grounds that the amendment or
waiver would exempt Indians (as defined in section 4 of the Indian
Health Care Improvement Act) eligible for medical assistance from--
``(1) any restriction on eligibility for medical assistance
under this title that would otherwise apply under the amendment
or waiver;
``(2) any imposition of premiums, deductibles, copayments,
or other cost-sharing that would otherwise apply under the
amendment or waiver; or
``(3) any reduction in covered services or supplies that
would otherwise apply under the amendment or waiver.''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act apply to items or services furnished on
or after January 1, 2006.
(b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act which
the Secretary of Health and Human Services determines requires State
legislation in order for the plan to meet the additional requirements
imposed by the amendments made by a provision of this Act, the State
plan shall not be regarded as failing to comply with the requirements
of this Act solely on the basis of its failure to meet these additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a State that has a 2-
year legislative session, each year of the session shall be considered
to be a separate regular session of the State legislature. | Medicaid Indian Health Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to: (1) apply 100% of the federal medical assistance percentage (FMAP) to services furnished to an Indian by an urban Indian health program; (2) prohibit the imposition of premiums, deductibles, copayments, and other cost-sharing on Indians; (3) prohibit recovery against estates of Indians; (4) require consultation with Indian tribes prior to approval of "Section 115" waivers; (5) provide for the treatment of medical expenses paid by or on behalf of an Indian by an Indian health program as medical care costs for purposes of determining medically needy eligibility; and (6) give states the option to exempt Indians from reductions in eligibility or benefits.
Requires a Medicaid managed care organization contracting with an Indian Health Service (IHS) facility or program that is not a federally-qualified health center or a rural health clinic to provide payment at the highest level and amount that it would make for the services if they were furnished by a provider that is not an IHS facility or program. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide for fair treatment of services furnished to Indians under the Medicaid Program, and for other purposes."} | 1,640 | 245 | 0.530057 | 1.45479 | 0.677032 | 4.037209 | 6.251163 | 0.92093 |
SECTION 1. CREDITABILITY OF SERVICE.
(a) In General.--Section 8332 of title 5, United States Code, is
amended by adding at the end the following:
``(o)(1) Subject to paragraph (2), upon application to the Office
of Personnel Management, any individual who is an employee or Member on
the date of the enactment of this subsection, and who has on such date
or thereafter acquires 5 or more years of creditable civilian service
under this section (exclusive of service for which credit is allowed
under this subsection) shall be allowed credit for service performed,
after December 31, 1965, and before January 1, 1987, as an employee
described in section 2105(c).
``(2)(A) An employee or Member may, with respect to any period of
service for which such employee or Member is allowed credit under this
subsection, deposit to the credit of the Fund an amount equal to the
deductions from basic pay which would have been required under section
8334(a) if such service were service as an employee.
``(B) An employee or Member who makes the deposit described in
subparagraph (A) shall be allowed full retirement credit for the period
of service involved.
``(C) If an employee or Member does not make the deposit or makes
less than the full amount of the deposit described in subparagraph (A),
retirement credit shall be allowed, but the resulting annuity shall be
reduced in a manner similar to the method provided under section
8339(j)(3) to make up the amount of any deposit described in the second
sentence thereof. In no event shall the application of this
subparagraph cause an annuity to be less than it would have been if
this subsection had not been enacted.
``(D) For the purpose of survivor annuities, any deposit authorized
by subparagraph (A) may also be made by a survivor of an employee or
Member.
``(3) The Office shall accept the certification of the appropriate
Secretary or his designee concerning the service of, and the amount of
compensation received by, an employee or Member with respect to which
credit is sought under this subsection. For purposes of the preceding
sentence, the `appropriate Secretary' is--
``(A) the Secretary of Defense, to the extent that service
in or under the Department of Defense is involved; and
``(B) the Secretary of Transportation, to the extent that
service in or under the Coast Guard is involved.
``(4) An individual receiving credit for service for any period
under this subsection shall not be granted credit for such service
under any retirement system for employees of a nonappropriated fund
instrumentality.
``(5) An application for retirement credit under this subsection
may be submitted no later than 2 years after the effective date of the
regulations prescribed by the Office to carry out this subsection.''.
(b) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out this Act and the amendment made by
subsection (a). Such regulations--
(1) shall take effect not later than 12 months after the
date of the enactment of this Act; and
(2) shall include provisions to provide for the application
of such amendment in the case of--
(A) any employee or Member (as defined by the
following sentence) who, upon separation (at the time
described in paragraph (1) or (2) of subsection (c)),
would otherwise be entitled to an annuity under chapter
84 of title 5, United States Code, that is partially
computed under subchapter III of chapter 83 of such
title; and
(B) any survivor of an employee or Member described
in subparagraph (A).
For purposes of this subsection, the terms ``employee'', ``Member'',
and ``survivor'' have the meanings set forth in section 8401 of such
title 5.
(c) Applicability.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply only in the case
of any annuity entitlement which is based on a separation from
service occurring on or after the effective date of the
regulations prescribed under subsection (b).
(2) Limited exception for annuities based on separations
occurring after date of enactment and before effective date of
implementing regulations.--
(A) Recomputation requirement.--In the case of any
individual--
(i) who is entitled to an annuity
entitlement to which is based on a separation
from service occurring after the date of the
enactment of this Act and before the effective
date of the regulations prescribed under
subsection (b), and
(ii) whose annuity would be increased by
the application of section 8332(o) of title 5,
United States Code (as amended by subsection
(a)),
the Office of Personnel Management shall, upon receipt of an
appropriate application submitted before the deadline specified
in section 8332(o)(5) of such title 5 (as so amended),
recompute the amount of such annuity so as to take such section
8332(o) into account. In carrying out the preceding sentence,
any deposit timely made shall be treated as if it had been made
before the commencement date of the annuity involved.
(B) No payment for any earlier periods.--Any change
in an annuity resulting from a recomputation under
subparagraph (A) shall be payable only with respect to
amounts accruing for months beginning after the date on
which the application (referred to in subparagraph (A))
is received.
SEC. 2. NOTIFICATION AND ASSISTANCE.
(a) Notification.--The Office of Personnel Management shall take
such measures as it considers appropriate to inform individuals
entitled to have any service credited under section 8332(o) of title 5,
United States Code (as amended by section 1(a)), or to have any amounts
recomputed under section 1(c)(2), of their entitlement to such credit
or recomputation.
(b) Assistance From the Office of Personnel Management.--The Office
of Personnel Management shall, on request, assist any individual
referred to in subsection (a) in obtaining from any department, agency,
or other instrumentality of the United States such information in the
possession of such instrumentality as may be necessary to verify the
entitlement of such individual to have any service credited under
section 8332(o) of title 5, United States Code (as amended by section
1(a)) or to have any amounts recomputed under section 1(c)(2).
(c) Assistance From Other Agencies.--Any department, agency, or
other instrumentality of the United States which possesses any
information with respect to any service of an individual described in
section 8332(o) of title 5, United States Code (as amended by section
1(a)) shall--
(1) at the request of such individual (or an appropriate
survivor), furnish such information to that individual (or
survivor); and
(2) at the request of the Office of Personnel Management,
furnish such information to the Office. | Credits a Federal employee or Member of Congress who has or acquires five or more years of civilian service for service performed as an employee of a nonappropriated fund instrumentality after December 31, 1965, and before January 1, 1987, for purposes of civil service retirement. | {"src": "billsum_train", "title": "To amend subchapter III of chapter 83 of title 5, United States Code, to make service performed as an employee of a nonappropriated fund instrumentality after 1965 and before 1987 creditable for retirement purposes."} | 1,537 | 56 | 0.556603 | 1.372237 | 0.735715 | 5.06 | 28.72 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Treatment for Pregnant and
Postpartum Women Act of 2015''.
SEC. 2. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM WOMEN.
(a) In General.--Section 508 of the Public Health Service Act (42
U.S.C. 290bb-1) is amended--
(1) in subsection (a), by inserting ``(referred to in this
section as the `Director')'' after ``Director of the Center for
Substance Abuse Treatment'';
(2) in subsection (p), by inserting ``(other than
subsection (r))'' after ``this section''; and
(3) in subsection (r), by striking ``such sums'' and all
that follows through ``2003'' and inserting ``such sums as may
be necessary for each of fiscal years 2016 through 2020''.
(b) Pilot Program Grants for State Substance Abuse Agencies.--
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) by redesignating subsection (r) as subsection (s); and
(2) by inserting after subsection (q) the following:
``(r) Pilot Program for State Substance Abuse Agencies.--
``(1) In general.--From amounts made available under
subsection (s), the Director shall carry out a pilot program
under which the Director makes competitive grants to State
substance abuse agencies to--
``(A) enhance flexibility in the use of funds
designed to support family-based services for pregnant
and postpartum women with a primary diagnosis of a
substance use disorder, including opioid use disorders;
``(B) help State substance abuse agencies address
identified gaps in services furnished to such women
along the continuum of care, including services
provided to women in non-residential based settings;
and
``(C) promote a coordinated, effective, and
efficient State system managed by State substance abuse
agencies by encouraging new approaches and models of
service delivery that are evidence-based.
``(2) Requirements.--In carrying out the pilot program
under this subsection, the Director--
``(A) shall require State substance abuse agencies
to submit to the Director applications, in such form
and manner and containing such information as specified
by the Director, to be eligible to receive a grant
under the program;
``(B) shall identify, based on such submitted
applications, State substance abuse agencies that are
eligible for such grants;
``(C) shall require services proposed to be
furnished through such a grant to support family-based
treatment and other services for pregnant and
postpartum women with a primary diagnosis of a
substance use disorder, including opioid use disorders;
``(D) notwithstanding subsection (a)(1), shall not
require that services furnished through such a grant be
provided solely to women that reside in facilities;
``(E) shall not require that grant recipients under
the program make available all services described in
subsection (d); and
``(F) may waive the requirements of subsection (f),
depending on the circumstances of the grantee.
``(3) Required services.--
``(A) In general.--The Director shall specify
minimum services required to be made available to
eligible women through a grant awarded under the pilot
program under this subsection. Such minimum services--
``(i) shall include the requirements
described in subsection (c);
``(ii) may include any of the services
described in subsection (d);
``(iii) may include other services, as
appropriate; and
``(iv) shall be based on the
recommendations submitted under subparagraph
(B)
``(B) Stakeholder input.--The Director shall
convene and solicit recommendations from stakeholders,
including State substance abuse agencies, health care
providers, persons in recovery from substance abuse,
and other appropriate individuals, for the minimum
services described in subparagraph (A).
``(4) Duration.--The pilot program under this subsection
shall not exceed 5 years.
``(5) Evaluation and report to congress.--
``(A) In general.--Out of amounts made available to
the Center for Behavioral Health Statistics and
Quality, the Director of the Center for Behavioral
Health Statistics and Quality, in cooperation with the
recipients of grants under this subsection, shall
conduct an evaluation of the pilot program, beginning
one year after the date on which a grant is first
awarded under this subsection. The Director of the
Center for Behavioral Health Statistics and Quality, in
coordination with the Director of the Center for
Substance Abuse Treatment, not later than 120 days
after completion of such evaluation, shall submit to
the relevant Committees of the Senate and the House of
Representatives a report on such evaluation.
``(B) Contents.--The report to Congress under
subparagraph (A) shall include, at a minimum, outcomes
information from the pilot program, including any
resulting reductions in the use of alcohol and other
drugs, engagement in treatment services, retention in
the appropriate level and duration of services,
increased access to the use of drugs approved by the
Food and Drug Administration for the treatment of
substance use disorders in combination with counseling,
and other appropriate measures.
``(6) State substance abuse agencies defined.--For purposes
of this subsection, the term `State substance abuse agency'
means, with respect to a State, the agency in such State that
manages the Substance Abuse Prevention and Treatment Block
Grant under part B of title XIX.''.
(c) Funding.--Subsection (s) of section 508 of the Public Health
Service Act (42 U.S.C. 290bb-1), as amended by subsection (a) and
redesignated by subsection (b)(1), is further amended by adding at the
end the following new sentence: ``Of the amounts made available for a
year pursuant to the previous sentence to carry out this section, not
more than 25 percent of such amounts shall be made available for such
year to carry out subsection (r).''. | Improving Treatment for Pregnant and Postpartum Women Act of 2015 This bill amends the Public Health Service Act to extend support for residential substance abuse treatment programs for pregnant and postpartum women through FY2020. The Center for Substance Abuse Treatment must carry out a pilot program to make grants to state substance abuse agencies to support services for pregnant and postpartum women who have a primary diagnosis of a substance use disorder. | {"src": "billsum_train", "title": "Improving Treatment for Pregnant and Postpartum Women Act of 2015"} | 1,335 | 92 | 0.595957 | 1.464087 | 1.351519 | 3.297297 | 17.094595 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighbor to Neighbor Act''.
SEC. 2. DEDUCTION FOR PORTION OF CHARITABLE CONTRIBUTIONS TO BE ALLOWED
TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS.
(a) In General.--Section 170 of the Internal Revenue Code of 1986
(relating to charitable, etc., contributions and gifts) is amended by
redesignating subsection (m) as subsection (n) and by inserting after
subsection (l) the following new subsection:
``(m) Deduction for Individuals Not Itemizing Deductions.--
``(1) In general.--In the case of an individual who does
not itemize the individual's deductions for the taxable year,
the amount allowable under subsection (a) shall be taken into
account as a direct charitable deduction under section 63.
``(2) Limitation.--The portion of the amount allowable
under subsection (a) to which paragraph (1) applies for the
taxable year shall not exceed the amount in effect for such
taxable year under section 63(c)(2)(C) (section 63(c)(2)(A) in
the case of a joint return under section 6013).''.
(b) Direct Charitable Deduction.--
(1) In general.--Section 63(b) of such Code (relating to
individuals who do not itemize their deductions) is amended by
striking ``and'' at the end of paragraph (1), by striking the
period at the end of paragraph (2) and inserting ``, and'', and
by adding at the end the following new paragraph:
``(3) the direct charitable deduction.''.
(2) Definition.--Section 63 of such Code (relating to
taxable income defined) is amended by redesignating subsection
(g) as subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Direct Charitable Deduction.--For purposes of this section,
the term `direct charitable deduction' means that portion of the amount
allowable under section 170(a) which is taken as a direct charitable
deduction for the taxable year under section 170(m).''.
(3) Conforming amendment.--Section 63(d) of such Code
(defining itemized deductions) is amended by striking ``and''
at the end of paragraph (1), by striking the period at the end
of paragraph (2) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(3) the direct charitable deduction.''.
(c) Time When Contributions Deemed Made.--Section 170(f) of such
Code (relating to disallowance of deduction in certain cases and
special rules) is amended by adding at the end the following new
paragraph:
``(10) Time when contributions deemed paid.--For purposes
of this section, in the case of an individual, a taxpayer shall
be deemed to have paid a charitable contribution on the last
day of the preceding taxable year if the contribution is paid
on account of such taxable year and is paid not later than the
time prescribed by law for filing the return for such taxable
year (not including extensions thereof).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. CHARITABLE DEDUCTION EXCEPTION TO OVERALL LIMITATION ON
ITEMIZED DEDUCTIONS.
(a) In General.--Subsection (c) of section 68 of the Internal
Revenue Code of 1986 (relating to exception for certain itemized
deductions) is amended by striking ``and'' at the end of paragraph (2),
by striking the period at the end of paragraph (3) and inserting ``,
and'', and by adding at the end the following:
``(4) the deduction under section 170 (relating to
charitable, etc., contributions and gifts).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000.
SEC. 4. REPEAL OF SPECIAL LIMITATION ON CONTRIBUTIONS OF CAPITAL GAIN
PROPERTY.
(a) In General.--Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 (relating to percentage limitations on charitable
contributions by individuals) is amended--
(1) by striking subparagraphs (C) and (D), and
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (C) and (D), respectively.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 170(e)(5) of such Code is
amended--
(A) in clause (ii) by striking ``(as defined in
subsection (b)(1)(C)(iv))'', and
(B) by adding at the end the following new flush
sentence:
``For purposes of clause (ii), the term `capital gain
property' means with respect to any contribution, any
capital asset the sale of which at its fair market
value at the time of the contribution would have
resulted in gain which would have been long-term
capital gain. For purposes of the preceding sentence,
any property which is property used in the trade or
business (as defined in section 1231(b)) shall be
treated as a capital asset.''.
(2) Section 545(b)(2) of such Code is amended by striking
``section 170(b)(1)(A), (B), and (D)'' and inserting ``section
170(b)(1)(A) and (B)''.
(3) Section 556(b)(2) of such Code is amended by striking
``section 170(b)(1)(A), (B), and (D)'' and inserting ``section
170(b)(1)(A) and (B)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 5. EXTENSION OF CARRYOVER PERIOD FOR EXCESS CONTRIBUTIONS.
(a) In General.--The following provisions of section 170 of the
Internal Revenue Code of 1986 are each amended by striking ``5'' and
inserting ``10'':
(1) Subsection (d)(1)(A) (general rule for carryovers of
excess contributions by individuals).
(2) Subsection (d)(2)(A) (general rule for carryovers of
excess contributions by corporations).
(3) Subsection (b)(1)(B) (relating to percent limitation on
other contributions by individuals).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 6. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
CHARITABLE PURPOSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to individual retirement accounts) is
amended by adding at the end the following new paragraph:
``(8) Distributions for charitable purposes.--
``(A) In general.--No amount shall be includible in
gross income by reason of a qualified charitable
distribution from an individual retirement account to
an organization described in section 170(c).
``(B) Special rules relating to charitable
remainder trusts, pooled income funds, and charitable
gift annuities.--
``(i) In general.--No amount shall be
includible in gross income by reason of a
qualified charitable distribution from an
individual retirement account--
``(I) to a charitable remainder
annuity trust or a charitable remainder
unitrust (as such terms are defined in
section 664(d)),
``(II) to a pooled income fund (as
defined in section 642(c)(5)), or
``(III) for the issuance of a
charitable gift annuity (as defined in
section 501(m)(5)).
The preceding sentence shall apply only if no
person holds an income interest in the amounts
in the trust, fund, or annuity attributable to
such distribution other than one or more of
the following: the individual for whose benefit such account is
maintained, the spouse of such individual, or any organization
described in section 170(c).
``(ii) Determination of inclusion of
amounts distributed.--In determining the amount
includible in the gross income of any person by
reason of a payment or distribution from a
trust referred to in clause (i)(I) or a
charitable gift annuity (as so defined), the
portion of any qualified charitable
distribution to such trust or for such annuity
which would (but for this subparagraph) have
been includible in gross income--
``(I) shall be treated as income
described in section 664(b)(1), and
``(II) shall not be treated as an
investment in the contract.
``(iii) No inclusion for distribution to
pooled income fund.--No amount shall be
includible in the gross income of a pooled
income fund (as so defined) by reason of a
qualified charitable distribution to such fund.
``(C) Qualified charitable distribution.--For
purposes of this paragraph, the term `qualified
charitable distribution' means any distribution from an
individual retirement account--
``(i) which is made on or after the date
that the individual for whose benefit the
account is maintained has attained age 59\1/2\,
and
``(ii) which is made directly from the
account to--
``(I) an organization described in
section 170(c), or
``(II) a trust, fund, or annuity
referred to in subparagraph (B).
``(D) Denial of deduction.--The amount allowable as
a deduction under section 170 to the taxpayer for the
taxable year shall be reduced (but not below zero) by
the sum of the amounts of the qualified charitable
distributions during such year which would be
includible in the gross income of the taxpayer for such
year but for this paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2000.
SEC. 7. REPEAL OF EXCISE TAX ON NET INVESTMENT INCOME OF TAX-EXEMPT
FOUNDATIONS.
(a) Repeal.--Subsection (a) of section 4940 of the Internal Revenue
Code of 1986 (relating to excise tax based on investment income) is
repealed.
(b) Conforming Amendments.--
(1) Section 4940 of such Code is amended--
(A) by redesignating subsections (b), (c), and (d)
as subsections (a), (b), and (c), respectively,
(B) by striking subsection (e), and
(C) in subsection (a), as redesignated by paragraph
(1), by striking ``(A) the tax imposed under subsection
(a) (computed as if such subsection applied to such
private foundation for the taxable year),'' and
inserting ``(A) an amount equal to 2 percent of the net
investment income of such foundation for the taxable
year,''.
(2) Section 4942(f)(3)(A) of such Code is amended by
striking ``section 4940(c)(3)(B)'' and inserting ``section
4940(b)(3)(B)''.
(3) Section 4945(d)(4)(A) of such Code is amended by
striking ``section 4940(d)(2)'' and inserting ``section
4940(c)(2)''.
(4) Section 4948(a) of such Code is amended by striking
``section 4940(c)(2)'' and inserting ``section 4940(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Neighbor to Neighbor Act - Amends the Internal Revenue Code respecting charitable contributions to: (1) allow non-itemizing taxpayers a limited charitable deduction; (2) exclude charitable deductions from the income-based limitation on itemized deductions: (3) repeal the special limitation on charitable contributions of capital gain property; (4) extend the excess contribution carryover period; and (5) allow tax-free distributions from individual retirement accounts (IRAs) for qualifying charitable purposes.Repeals the excise tax on the net income of tax-exempt foundations. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow individuals who do not itemize their deductions a deduction for a portion of their charitable contributions, and for other purposes."} | 2,734 | 121 | 0.496353 | 1.183585 | 0.54493 | 2.528846 | 22.403846 | 0.855769 |
SECTION 1. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Treatment as Law Enforcement Officers.--Section 8331(20) of
title 5, United States Code, is amended by striking ``administrative
position.'' and inserting ``administrative position, and any revenue
officer, customs inspector, customs canine enforcement officer, and
Immigration and Naturalization inspector.''.
(b) Definitions.--Section 8331 of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (25);
(2) by striking the period at the end of paragraph (26) and
inserting a semicolon; and
(3) by adding at the end the following:
``(27) `revenue officer' means an employee of the Internal
Revenue Service, the duties of whose position are primarily the
collection of delinquent taxes and the securing of delinquent
returns, including an employee engaged in this activity who is
transferred to a supervisory or administrative position;
``(28) `customs inspector' means an employee of the United
States Customs Service, the duties of whose position are
primarily to--
``(A) enforce laws and regulations governing the
importing and exporting of merchandise;
``(B) process and control passengers and baggage;
``(C) interdict smuggled merchandise and
contraband; and
``(D) apprehend (if warranted) persons involved in
violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position;
``(29) `customs canine enforcement officer' means an
employee of the United States Customs Service, the duties of
whose position are primarily to work directly with a dog in an
effort to--
``(A) enforce laws and regulations governing the
importing and exporting of merchandise;
``(B) process and control passengers and baggage;
``(C) interdict smuggled merchandise and
contraband; and
``(D) apprehend (if warranted) persons involved in
violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position; and
``(30) `Immigration and Naturalization inspector' means an
employee of the Immigration and Naturalization Service, the
duties of whose position are primarily the controlling and
guarding of the boundaries and borders of the United States
against the illegal entry of aliens, including an employee
engaged in this activity who is transferred to a supervisory or
administrative position.''.
SEC. 2. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) Treatment as Law Enforcement Officers.--Section 8401(17) of
title 5, United States Code, is amended by adding at the end the
following: ``such term includes any revenue officer, customs inspector,
customs canine enforcement officer, and Immigration and Naturalization
inspector;''.
(b) Definitions.--Section 8401 of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (31);
(2) by striking the period at the end of paragraph (32) and
inserting a semicolon; and
(3) by adding at the end the following:
``(33) `revenue officer' means an employee of the Internal
Revenue Service, the duties of whose position are primarily the
collection of delinquent taxes and the securing of delinquent
returns, including an employee engaged in this activity who
is transferred to a supervisory or administrative position;
``(34) `customs inspector' means an employee of the United
States Customs Service, the duties of whose position are
primarily to--
``(A) enforce laws and regulations governing the
importing and exporting of merchandise;
``(B) process and control passengers and baggage;
``(C) interdict smuggled merchandise and
contraband; and
``(D) apprehend (if warranted) persons involved in
violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position;
``(35) `customs canine enforcement officer' means an
employee of the United States Customs Service, the duties of
whose position are primarily to work directly with a dog in an
effort to--
``(A) enforce laws and regulations governing the
importing and exporting of merchandise;
``(B) process and control passengers and baggage;
``(C) interdict smuggled merchandise and
contraband; and
``(D) apprehend (if warranted) persons involved in
violations of customs laws,
including an employee engaged in this activity who is
transferred to a supervisory or administrative position; and
``(36) `Immigration and Naturalization inspector' means an
employee of the Immigration and Naturalization Service, the
duties of whose position are primarily the controlling and
guarding of the boundaries and borders of the United States
against the illegal entry of aliens, including an employee
engaged in this activity who is transferred to a supervisory or
administrative position.''.
SEC. 3. EFFECTIVE DATE; PRIOR SERVICE.
(a) Effective Date.--Except as otherwise provided in this section,
this Act and the amendments made by this Act--
(1) shall take effect on the 90th day after the date of the
enactment of this Act; and
(2) shall apply with respect to an individual only if such
individual serves as a revenue officer, customs inspector,
customs canine enforcement officer, or Immigration and
Naturalization inspector on or after the effective date of this
Act.
(b) Prior Service.--
(1) Employee contributions.--In administering chapter 83 or
84 of title 5, United States Code, with respect to an
individual who satisfies subsection (a)(2), the amendments made
by this Act shall be disregarded for purposes of any service
performed before the effective date of this Act as a revenue
officer, customs inspector, customs canine enforcement officer,
or Immigration and Naturalization inspector, unless such
individual deposits into the Fund, within such time and in such
manner as the Office of Personnel Management by regulation
requires, an amount equal to the amount by which--
(A) the deductions from pay which would have been
required for such service had such amendments then been
in effect; exceeds
(B) the amounts actually deducted from such pay
(less any amounts refunded and not repaid),
with interest.
(2) Agency contributions.--Not later than 90 days after the
full amount required under paragraph (1) has been paid by an
individual, the agency that employed such individual during the
period of service to which such amount relates shall pay into
the Fund, with interest, an amount equal to the amount by
which--
(A) the Government contributions which would have
been required for such service, had such amendments
then been in effect; exceeds
(B) the Government contributions actually made for
such service.
(c) Regulations.--The Office of Personnel Management shall
prescribe such regulations as may be necessary to carry out this Act,
including regulations for determining the amount of any interest to be
paid under this section.
(d) Definitions.--For the purpose of this section--
(1) each of the terms ``revenue officer'', ``customs
inspector'', ``customs canine enforcement officer'', and
``Immigration and Naturalization inspector'' has the meaning
given it by section 8331 or 8401 (as the case may be) of title
5, United States Code, as amended by this Act; and
(2) the term ``Fund'' means the Civil Service Retirement
and Disability Fund under section 8348 of title 5, United
States Code. | Includes revenue officers in the Internal Revenue Service, customs inspectors and canine enforcement officers in the U.S. Customs Service, and inspectors in the Immigration and Naturalization Service as Federal law enforcement officers for purposes of provisions governing the Civil Service Retirement System and the Federal Employees' Retirement System. | {"src": "billsum_train", "title": "To amend chapters 83 and 84 of title 5, United States Code, to provide that, for civil service retirement purposes, inspectors of the Immigration and Naturalization Service, inspectors and canine enforcement officers of the United States Customs Service, and revenue officers of the Internal Revenue Service shall be treated in the same way as law enforcement officers."} | 1,728 | 64 | 0.548273 | 1.405209 | 0.494956 | 2.596154 | 30.211538 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program Management Improvement and
Accountability Act of 2015''.
SEC. 2. DEPUTY DIRECTOR FOR MANAGEMENT.
(a) Additional Functions.--Section 503 of title 31, United States
Code, is amended by adding at the end the following new subsection:
``(c) Program and Project Management.--Subject to the direction and
approval of the Director, the Deputy Director for Management or
designee shall--
``(1) adopt governmentwide standards, policies, and
guidelines for program and project management for executive
agencies;
``(2) oversee program and project management for the
standards, policies, and guidelines established under paragraph
(1);
``(3) chair the Program Management Policy Council
established by section 1126(b);
``(4) issue regulations and establish standards and
policies for executive agencies in accordance with nationally
accredited standards for program and project management
planning and delivery issues;
``(5) engage with the private sector;
``(6) conduct portfolio reviews to address programs
identified as high risk by the Government Accountability
Office;
``(7) not less than annually, conduct portfolio reviews of
agency programs in coordination with project management
improvement officers; and
``(8) establish a five-year strategic plan for program and
project management.''.
(b) Deadline for Standards, Policies, and Guidelines.--Not later
than 120 days after the date of the enactment of this Act, the Deputy
Director for Management of the Office of Management and Budget shall
issue the standards, policies, and guidelines required under section
503(c)(1) of title 31, United States Code, as added by subsection (a).
(c) Regulations.--Not later than 150 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office
of Management and Budget, in consultation with the Council and the
Director of the Office of Management and Budget, shall issue any
regulations as are necessary to implement the requirements of section
503(c) of title 31, United States Code, as added by subsection (a).
SEC. 3. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM MANAGEMENT
POLICY COUNCIL.
(a) Amendment.--Chapter 11 of title 31, United States Code, is
amended by adding at the end the following:
``Sec. 1126. Program Management Improvement Officers and Program
Management Policy Council
``(a) Program Management Improvement Officers.--
``(1) Designation.--The head of each agency described in
section 901(b) shall designate a senior executive of the agency
as the agency Program Management Improvement Officer. The
Program Management Improvement Officer shall report directly to
the head of the agency.
``(2) Functions.--The Program Management Improvement
Officer shall--
``(A) implement agency program management policies
established under section 503(c); and
``(B) develop a written strategy for enhancing the
role of program managers within the agency that
includes the following:
``(i) Enhanced training and educational
opportunities for program managers.
``(ii) Mentoring of current and future
program managers by experienced senior
executives and program managers within the
agency.
``(iii) Improved career paths and career
opportunities for program managers.
``(iv) Incentives for the recruitment and
retention of highly qualified individuals to
serve as program managers.
``(v) Improved resources and support,
including relevant competencies encompassed
with program and project management within the
private sector for program managers.
``(vi) Improved means of collecting and
disseminating best practices and lessons
learned to enhance program management across
the agency.
``(vii) Common templates and tools to
support improved data gathering and analysis
for program management and oversight purposes.
``(b) Program Management Policy Council.--
``(1) Establishment.--There is established in the Office of
Management and Budget a council to be known as the `Program
Management Policy Council' (in this section referred to as the
`Council').
``(2) Purpose and functions.--The Council shall act as the
principal interagency forum for improving agency practices
related to program and project management. The Council shall--
``(A) advise and assist the Deputy Director for
Management of the Office of Management and Budget;
``(B) review programs identified as high risk by
the General Accountability Office and make
recommendations for actions to be taken by the Deputy
Director for Management of the Office of Management and
Budget or designee;
``(C) discuss topics of importance to the
workforce, including--
``(i) career development and workforce
development needs;
``(ii) policy to support continuous
improvement in program and project management;
and
``(iii) major challenges across agencies in
managing programs;
``(D) advise on the development and applicability
of standards governmentwide for program management
transparency; and
``(E) review the information published on the
website pursuant to section 1122.
``(3) Membership.--
``(A) Composition.--The Council shall be composed
of the following members:
``(i) Five members from the Office of
Management and Budget as follows:
``(I) The Deputy Director for
Management.
``(II) The Administrator of the
Office of Electronic Government.
``(III) The Administrator of the
Office of Federal Procurement Policy.
``(IV) The Controller of the Office
of Federal Financial Management.
``(V) The Director of the Office of
Performance and Personnel Management.
``(ii) The Program Management Improvement
Officer from each agency described in section
901(b).
``(iii) Other individuals as determined
appropriate by the Chairperson.
``(B) Chairperson and vice chairperson.--
``(i) In general.--The Deputy Director for
Management of the Office of Management and
Budget shall be the Chairperson of the Council.
A Vice Chairperson shall be elected by the
members and shall serve a term of not more than
one year.
``(ii) Duties.--The Chairperson shall
preside at the meetings of the Council,
determine the agenda of the Council, direct the
work, of the Council and establish and direct
subgroups of the Council as appropriate.
``(4) Meetings.--The Council shall meet not less than twice
per fiscal year and may meet at the call of the Chairperson or
a majority of the members of the Council.
``(5) Support.--The head of each agency with a Project
Management Improvement Officer serving on the Council shall
provide administrative support to the Council, as appropriate,
at the request of the Chairperson.
``(6) Committee duration.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Council.''.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the head of each agency described in section
901(b) of title 31, United States Code, shall submit to Congress and
the Office of Management and Budget a report containing the strategy
developed under section 1126(a)(2)(B) of such title, as added by
subsection (a).
SEC. 4. PROGRAM AND PROJECT MANAGEMENT PERSONNEL STANDARDS.
(a) Regulations Required.--Not later than 270 days after the date
of enactment of this Act, the Director of the Office of Personnel
Management, in consultation with the Director of the Office of
Management and Budget, shall issue regulations that--
(1) identify key skills and competencies needed for a
program and project manager in an agency;
(2) establish a new job series for program and project
management within an agency; and
(3) establish a new career path for program and project
managers within an agency.
(b) Agency Defined.--In this section, the term ``agency'' means
each agency described in section 901(b) of title 31, United States
Code. | Program Management Improvement and Accountability Act of 2015 Establishes as additional functions of the Deputy Director for Management of the Office of Management and Budget (OMB) requirements to: adopt and oversee government-wide standards, policies, and guidelines for program and project management for executive agencies; chair the Program Management Policy Council (established by this Act); issue regulations and establish standards and policies for executive agencies in accordance with nationally accredited standards for program and project management planning and delivery issues; engage with the private sector; conduct portfolio reviews to address programs identified as high risk by the Government Accountability Office; conduct portfolio reviews of agency programs at least annually; and establish a five-year strategic plan for program and project management. Requires the head of each federal agency that is required to have a Chief Financial Officer to designate a Program Management Improvement Officer to implement agency program management policies and develop a written strategy for enhancing the role of program managers within the agency. Establishes the Program Management Policy Council within OMB to act as the principal interagency forum for improving agency practices related to program and project management. Requires the Office of Personnel Management to issue regulations that: (1) identify key skills and competencies needed for an agency program and project manager, (2) establish a new job series for program and project management within an agency, and (3) establish a new career path for program and project managers. | {"src": "billsum_train", "title": "Program Management Improvement and Accountability Act of 2015"} | 1,754 | 289 | 0.678109 | 1.903205 | 0.880666 | 5.267148 | 6.01083 | 0.927798 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridge Life Extension Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Corrosion of highway bridges costs the United States
economy $8.3 billion each year according to a Federal Highway
Administration report (FHWA-RD-01-157) that was delivered to
Congress in 2002.
(2) The ongoing cost of corrosion on United States highway
bridges represents a needless waste of taxpayer dollars.
(3) One-third of the ongoing cost of corrosion on United
States highway bridges would be saved if existing, fully-
developed corrosion prevention technologies were applied to
bridge decks and their substructures.
(4) The application of corrosion technologies to United
States highway bridges is necessary, but currently underused.
(5) The application of corrosion prevention strategies
should be required in the design and rehabilitation of bridge
structures that use Federal funding and the development of new
corrosion prevention technologies should be encouraged.
SEC. 3. CORROSION MITIGATION AND PREVENTION PLANS FOR BRIDGES RECEIVING
FEDERAL FUNDING.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
``Sec. 150. Corrosion mitigation and prevention plans
``(a) In General.--The Secretary may approve Federal assistance for
a project for construction of a bridge using amounts apportioned under
section 104(b)(1) or 104(b)(3) or a project for replacement or
rehabilitation of a bridge under section 144 only if--
``(1) the State or States applying for such assistance
develop and submit to the Secretary a corrosion mitigation and
prevention plan for the bridge; and
``(2) the Secretary approves the plan.
``(b) Plan Requirements.--The Secretary may approve a corrosion
mitigation and prevention plan for a bridge submitted by a State or
States under subsection (a) only if the plan contains, at a minimum,
the following:
``(1) An estimate of the expected useful life of the
bridge.
``(2) An estimate of environmental exposure of the bridge,
including marine, deicer application, industrial, rural,
rainfall, temperature, freeze-thaw, and other factors that
influence corrosion prevention and corrosion mitigation
strategies.
``(3) An identification of the functional classification of
the bridge.
``(4) Details of corrosion mitigation and prevention
methods that will be used with respect to the bridge, taking
into account--
``(A) material selection;
``(B) coating considerations;
``(C) cathodic protection considerations;
``(D) design considerations for corrosion; and
``(E) concrete requirements.
``(5) Details of a project maintenance program for the life
of the bridge.
``(6) A certification that the plan was developed by the
State or States and approved by a corrosion expert.
``(7) A certification that each individual conducting
inspections of Federal-aid highway bridges in the State or
States receives training from a corrosion expert.
``(c) Approval and Disapproval.--The Secretary shall approve or
disapprove each corrosion mitigation and prevention plan submitted by a
State or States under subsection (a). If the Secretary disapproves a
plan, the Secretary shall inform the State or States of the reasons for
the disapproval and shall permit the State or States to resubmit the
plan with such modifications as the Secretary determines necessary.
``(d) Modifications Following Plan Approval.--A State or States may
modify a corrosion mitigation and prevention plan approved under
subsection (c) to incorporate newly developed corrosion prevention
techniques, methods, applications, and best practices if the State or
States provide advance written notice of the modification to the
Secretary.
``(e) Corrosion Expert.--In this section, the term ``corrosion
expert'' means an individual who is accredited or certified as being
qualified by an international technical society dedicated to the
mitigation and prevention of corrosion or who is a registered
professional engineer who has certification or licensing that includes
education and experience in corrosion prevention and control of
bridges.
``(f) Applicability.--
``(1) In general.--This section shall take effect beginning
on the first day of the second fiscal year beginning after the
date of enactment of this section.
``(2) Waivers.--Notwithstanding paragraph (1), the
Secretary may waive the application of requirements of this
section with respect to a bridge for the 6-month period
beginning on the first day referred to in paragraph (1) if--
``(A) a corrosion mitigation and prevention plan
has been submitted for the bridge before such first
day; and
``(B) the Secretary determines that such a waiver
is appropriate.
``(g) Funding.--Funds made available to a State under sections
104(b)(1), 104(b)(3), and 144 may be used by the State for activities
to comply with the requirements of this section.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 149 the following:
``150. Corrosion mitigation and prevention plans.''. | Bridge Life Extension Act of 2008 - Allows the Secretary of Transportation to approve federal-aid highway funding for states for bridge reconstruction, replacement, or rehabilitation projects only if the state submits, and the Secretary approves, a corrosion mitigation and prevention plan. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to require corrosion mitigation and prevention plans for bridges receiving Federal funding, and for other purposes."} | 1,156 | 55 | 0.643821 | 1.491406 | 0.972639 | 2.645833 | 22.333333 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Capture and Storage
Technology Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Task force.--The term ``Task Force'' means the
interagency task force established by section 5(a)(1).
SEC. 3. CARBON DIOXIDE SEQUESTRATION COMMERCIAL DEMONSTRATION PROJECTS.
(a) In General.--The Secretary shall establish a competitive grant
program to provide grants or other financial assistance to at least 3,
but not more than 5, 8-year commercial demonstration projects to
demonstrate the long-term effects of sequestration of carbon dioxide in
deep geological formations, of which--
(1) not less than 2 of those projects shall be conducted in
deep saline aquifers; and
(2) the remainder may be conducted in saline aquifers
combined with storage in established oil or gas fields.
(b) Project Requirements.--A commercial demonstration project
provided assistance under subsection (a) shall--
(1) involve injections of at least 1,000,000 tons of carbon
dioxide each year;
(2) include intensive characterization and monitoring of
the site for the commercial demonstration project in order to
evaluate--
(A) the security of the storage of carbon dioxide
over the period during which the commercial
demonstration project is being carried out;
(B) any leakage from the site over the period
during which the commercial demonstration project is
being carried out; and
(C) the security of the storage of carbon dioxide,
including the likelihood of leakage from the site after
the project has ceased to operate;
(3) include development of best practices for injecting,
permitting, and managing the storage area;
(4) require full integration of data from the commercial
demonstration project; and
(5) include an evaluation of the most cost-efficient ways
in which to--
(A) undertake sequestration of carbon dioxide;
(B) integrate sequestration with the capture and
transportation of carbon dioxide;
(C) effectively monitor and verify the injected
carbon dioxide; and
(D) identify and manage hazards and risks
associated with storage.
(c) Application.--To be eligible to receive assistance under
subsection (a), an entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
(d) Location.--In providing assistance under this section, the
Secretary shall select commercial demonstration projects that are in
locations that--
(1) are geologically and geophysically diverse;
(2) represent a range of population densities; and
(3) are in close proximity to--
(A) utilities and industrial settings; and
(B) large-scale existing and planned coal-fired
generation facilities.
(e) Cost-Sharing Requirement.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of carrying out a commercial
demonstration project under subsection (a) shall be not less
than 20 nor more than 50 percent, as determined by the
Secretary.
(2) Exception.--The Secretary may waive the non-Federal
share required under paragraph (1) as the Secretary determines
to be appropriate.
(f) Reports to Congress.--
(1) Initial report.--As soon as practicable, but not later
than 8 years, after the date of enactment of this Act, the
Secretary shall submit to the appropriate committees of
Congress a report that describes the preliminary results of--
(A) any commercial demonstration projects carried
out under this section; and
(B) the evaluation conducted under subsection
(b)(5).
(2) Final report.--After any demonstration projects have
been operated for a sufficient period of time to gather
meaningful data and performance metrics, as determined by the
Secretary, but not later than 10 years after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a final report that includes
the information required under paragraph (1).
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,600,000,000 for the period of
fiscal years 2008 through 2015.
SEC. 4. CARBON DIOXIDE CAPTURE DEMONSTRATION PROJECTS.
(a) In General.--The Secretary shall establish a competitive grant
program under which the Secretary shall provide grants to at least 3,
but not more than 5, commercial demonstration projects for the capture
of carbon emissions from coal-fired power plants.
(b) Project Requirements.--
(1) In general.--A commercial demonstration project
provided assistance under this section shall involve a coal-
fired power plant with a nameplate capacity of at least 250,
but not more than 500, megawatts.
(2) Priority.--The Secretary shall give priority to
integrated proposed commercial demonstration projects that
would combine the capture of carbon dioxide with sequestration
in deep geological formations.
(c) Application.--To be eligible to receive assistance under
subsection (a), an entity shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
(d) Cost-Sharing Requirement.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share of the cost of carrying out a commercial
demonstration project under subsection (a) shall be not less
than 50 percent.
(2) Exception.--The Secretary may waive the non-Federal
share required under paragraph (1) if the Secretary determines
that--
(A) the technology that is the subject of the
commercial demonstration project is critical and the
technology risk is relatively high; and
(B) there are insufficient resources to provide the
non-Federal share.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,400,000,000 for the period of
fiscal years 2008 through 2015.
SEC. 5. CARBON CAPTURE AND STORAGE REGULATIONS.
(a) Interagency Task Force.--
(1) In general.--There is established an interagency task
force to develop regulations providing guidelines and practices
for the capture and storage of carbon dioxide.
(2) Membership.--The Task Force shall be composed of--
(A) the Secretary;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Secretary of the Interior (acting through
the Director of the United States Geological Survey).
(3) Chairperson.--The Administrator of the Environmental
Protection Agency shall be the chairperson of the Task Force.
(4) Consultation.--In developing regulations under this
section, the Task Force shall consult with--
(A) industry experts;
(B) legal experts; and
(C) technical experts.
(5) Requirements.--The regulations developed by the Task
Force shall--
(A) take into account existing underground
injection control program requirements of the
Environmental Protection Agency;
(B) address the certification and closure of carbon
dioxide capture and storage sites;
(C) address the potential appropriate transfer of
liability to governmental entities;
(D) provide mechanisms to ensure, monitor, and
verify the safe transportation and storage of carbon
dioxide;
(E) provide estimate of the costs of carrying out
the regulations; and
(F) take into account the outcomes of demonstration
projects.
(6) Proposed regulations.--Not later than 3 years after the
date of enactment of this Act, the Task Force shall submit to
the appropriate committees of Congress the proposed regulations
developed by the Task Force.
(b) Promulgation.--Not later than 18 months after the date on which
the proposed regulations are submitted under subsection (a)(6), the
Administrator of the Environmental Protection Agency shall promulgate
the regulations.
(c) Update.--Not later than 3 years after the date of promulgation
of the regulations under subsection (b), the Administrator of the
Environmental Protection Agency shall update the regulations as
necessary to take into account the results of demonstration projects
carried out under sections 3 and 4.
(d) Enforcement.--The Administrator of the Environmental Protection
Agency shall be responsible for enforcement of, and inspections
relating to, the regulations promulgated under subsections (b) and (c).
SEC. 6. CARBON DIOXIDE CAPTURE AND STORAGE RESEARCH AND DEVELOPMENT.
(a) Carbon Dioxide Capture Technologies.--The Director of the
Office of Science, in consultation with the Assistant Secretary for
Fossil Energy, shall carry out a program for the research and
development of potential technologies and approaches for the capture of
carbon dioxide, including the capture of carbon dioxide--
(1) through coal gasification and related capture
technologies;
(2) in air-blown pulverized coal combustion facilities;
(3) in oxy-fueled pulverized coal combustion facilities;
(4) through lower-cost separation of oxygen from air at
power plants; and
(5) through advanced concepts and biological systems.
(b) Carbon Dioxide Storage Technologies.--
(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall carry out a program for the
research and development of carbon dioxide storage
technologies, including--
(A) the improved understanding of geological carbon
dioxide sequestration processes and characteristics;
(B) simulation activities at carbon dioxide storage
sites established under this Act or any other Act; and
(C) identification, management, and mitigation of
hazards and risks.
(2) Recommendations.--Based on the research and development
activities conducted under paragraph (1), the Secretary shall
develop recommendations for optimal carbon dioxide storage
features, practices, and conditions.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the conduct of activities under--
(1) subsection (a)(1) $100,000,000 for each of fiscal years
2008 through 2012;
(2) paragraphs (2) and (3) of subsection (a) $100,000,000
for each of fiscal years 2008 through 2012;
(3) subsection (a)(4) $100,000,000 for each of fiscal years
2008 through 2012; and
(4) subparagraphs (A) and (B) of subsection (b)(1)
$50,000,000 for each of fiscal years 2008 through 2012.
SEC. 7. CARBON DIOXIDE STORAGE CAPACITY ASSESSMENT.
(a) Definitions.--In this section--
(1) Assessment.--The term ``assessment'' means the national
assessment of capacity for carbon dioxide completed under
subsection (f).
(2) Capacity.--The term ``capacity'' means the portion of a
storage formation that can retain carbon dioxide in accordance
with the requirements (including physical, geological, and
economic requirements) established under the methodology
developed under subsection (b).
(3) Engineered hazard.--The term ``engineered hazard''
includes the location and completion history of any well that
could affect potential storage.
(4) Risk.--The term ``risk'' includes any risk posed by
geomechanical, geochemical, hydrogeological, structural, and
engineered hazards.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(6) Storage formation.--The term ``storage formation''
means a deep saline formation, unmineable coal seam, or oil or
gas reservoir that is capable of accommodating a volume of
industrial carbon dioxide.
(b) Methodology.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall develop a methodology for conducting
an assessment under subsection (f), taking into consideration--
(1) the geographical extent of all potential storage
formations in all States;
(2) the capacity of the potential storage formations;
(3) the injectivity of the potential storage formations;
(4) an estimate of potential volumes of oil and gas
recoverable by injection and storage of industrial carbon
dioxide in potential storage formations;
(5) the risk associated with the potential storage
formations; and
(6) the Carbon Sequestration Atlas of the United States and
Canada that was completed by the Department of Energy in April
2006.
(c) Coordination.--
(1) Federal coordination.--
(A) Consultation.--The Secretary shall consult with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency on issues of data
sharing, format, development of the methodology, and
content of the assessment required under this title to
ensure the maximum usefulness and success of the
assessment.
(B) Cooperation.--The Secretary of Energy and the
Administrator shall cooperate with the Secretary to
ensure, to the maximum extent practicable, the
usefulness and success of the assessment.
(2) State coordination.--The Secretary shall consult with
State geological surveys and other relevant entities to ensure,
to the maximum extent practicable, the usefulness and success
of the assessment.
(d) External Review and Publication.--On completion of the
methodology under subsection (b), the Secretary shall--
(1) publish the methodology and solicit comments from the
public and the heads of affected Federal and State agencies;
(2) establish a panel of individuals with expertise in the
matters described in paragraphs (1) through (5) of subsection
(b) composed, as appropriate, of representatives of Federal
agencies, institutions of higher education, nongovernmental
organizations, State organizations, industry, and international
geoscience organizations to review the methodology and comments
received under paragraph (1); and
(3) on completion of the review under paragraph (2),
publish in the Federal Register the revised final methodology.
(e) Periodic Updates.--The methodology developed under this section
shall be updated periodically (including at least once every 5 years)
to incorporate new data as the data becomes available.
(f) National Assessment.--
(1) In general.--Not later than 2 years after the date of
publication of the methodology under subsection (d)(1), the
Secretary, in consultation with the Secretary of Energy and
State geological surveys, shall complete a national assessment
of capacity for carbon dioxide in accordance with the
methodology.
(2) Geological verification.--As part of the assessment
under this subsection, the Secretary shall carry out a drilling
program to supplement the geological data relevant to
determining storage capacity of carbon dioxide in geological
storage formations, including--
(A) well log data;
(B) core data; and
(C) fluid sample data.
(3) Partnership with other drilling programs.--As part of
the drilling program under paragraph (2), the Secretary shall
enter, as appropriate, into partnerships with other entities to
collect and integrate data from other drilling programs
relevant to the storage of carbon dioxide in geologic
formations.
(4) Incorporation into natcarb.--
(A) In general.--On completion of the assessment,
the Secretary of Energy shall incorporate the results
of the assessment using the NatCarb database, to the
maximum extent practicable.
(B) Ranking.--The database shall include the data
necessary to rank potential storage sites for capacity
and risk, across the United States, within each State,
by formation, and within each basin.
(5) Report.--Not later than 180 days after the date on
which the assessment is completed, the Secretary shall submit
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Science and Technology of the House of
Representatives a report describing the findings under the
assessment.
(6) Periodic updates.--The national assessment developed
under this section shall be updated periodically (including at
least once every 5 years) to support public and private sector
decisionmaking.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for the period of
fiscal years 2008 through 2012.
SEC. 8. TECHNOLOGY-SHARING AGREEMENTS.
The Secretary, in coordination with the Secretary of State, shall
offer to enter into agreements with each of the countries of China and
India, and any other country that is heavily dependent on coal-fired
power plants for electricity generation, to pursue agreements under
which the countries subject to an agreement shall--
(1) fund and demonstrate carbon dioxide capture and storage
technologies;
(2) share and transfer knowledge and information relating
to those technologies; and
(3) provide training with respect to those technologies. | Carbon Capture and Storage Technology Act of 2007 - Requires the Secretary of Energy to establish a competitive grant program to provide assistance to at least three, but not more than five, eight-year commercial demonstration projects to demonstrate the long-term effects of sequestration of carbon dioxide in deep geological formations, of which: (1) not fewer than two shall be conducted in deep saline aquifers; and (2) the remainder may be conducted in saline aquifers combined with storage in established oil or gas fields.
Requires the Secretary to establish a competitive grant program to provide grants to at least three, but not more than five, commercial demonstration projects for the capture of carbon emissions from coal-fired power plants.
Establishes an interagency task force composed of the Secretary, the Administrator of the Environmental Protection Agency (EPA), and the Secretary of the Interior to develop regulations providing guidelines and practices for the capture and storage of carbon dioxide.
Requires the Director of the Office of Science to carry out a program for the research and development of potential technologies and approaches for the capture of carbon dioxide. Requires the Secretary to: (1) carry out a program for the research and development of carbon dioxide storage technologies; and (2) develop recommendations for optimal carbon dioxide storage features, practices, and conditions.
Requires the Secretary to complete a national carbon dioxide storage capacity assessment.
Requires the Secretary to offer to enter into agreements with China and India and any other country that is heavily dependent on coal-fired power plants for electricity generation to pursue technology-sharing agreements with respect to carbon dioxide capture and storage technologies. | {"src": "billsum_train", "title": "A bill to provide for the conduct of carbon capture and storage technology research, development, and demonstration projects, and for other purposes."} | 3,489 | 351 | 0.728367 | 2.345183 | 0.852455 | 5.557325 | 10.5 | 0.952229 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(4) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Environment and Public Works
of the Senate;
(B) the Committee on Finance of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the Senate;
(E) the Committee on Homeland Security of the House
of Representatives;
(F) the Committee on the Judiciary of the House of
Representatives; and
(G) the Committee on Transportation and
Infrastructure of the House of Representatives.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Authorization.--In addition to positions authorized
before the date of the enactment of this Act and any existing
officer vacancies within U.S. Customs and Border Protection on
such date, the Secretary, subject to the availability of
appropriations for such purpose, shall hire, train, and assign
to duty, by not later than September 30, 2023--
(A) 5,000 full-time U.S. Customs and Border
Protection officers to serve on all inspection lanes
(primary, secondary, incoming, and outgoing) and
enforcement teams at United States land ports of entry
on the Northern border and the Southern border; and
(B) 350 full-time support staff for all United
States ports of entry.
(2) Waiver of fte limitation.--The Secretary may waive any
limitation on the number of full-time equivalent personnel
assigned to the Department of Homeland Security in order to
carry out paragraph (1).
(b) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit
to the relevant committees of Congress a report that includes a
plan for ensuring the placement of sufficient U.S. Customs and
Border Protection officers on outbound inspections, and
adequate outbound infrastructure, at all Southern border land
ports of entry.
(2) Sufficient agricultural specialists and personnel.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary, in consultation with the Secretary of
Agriculture and the Secretary of Health and Human Services,
shall submit to the relevant committees of Congress a report
that contains plans for the Department of Homeland Security,
the Department of Agriculture, and the Department of Health and
Human Services, respectively, for ensuring the placement of
sufficient U.S. Customs and Border Protection agriculture
specialists, Animal and Plant Health Inspection Service
entomologist identifier specialists, Food and Drug
Administration consumer safety officers, and other relevant and
related personnel at all Southern border land ports of entry.
(3) Annual implementation report.--Not later than one year
after the date of the enactment of this Act and annually
thereafter, the Secretary shall submit to the relevant
committees of Congress a report that--
(A) details the Department of Homeland Security's
implementation plan for the staff enhancements required
under subsection (a)(1)(A);
(B) includes the number of additional personnel
assigned to duty at land ports of entry, classified by
location;
(C) describes the methodology used to determine the
distribution of additional personnel to address
northbound and southbound cross-border inspections; and
(D) includes--
(i) the strategic plan required under
section 5(a)(1);
(ii) the model required under section 5(b),
including the underlying assumptions, factors,
and concerns that guide the decision-making and
allocation process; and
(iii) the new outcome-based performance
measures adopted under section 5(c).
(c) Secure Communication.--The Secretary shall ensure that each
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system
interoperability, that allows U.S. Customs and Border Protection
officers to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(d) Border Area Security Initiative Grant Program.--The Secretary
shall establish a program for awarding grants for the purchase of--
(1) identification and detection equipment; and
(2) mobile, hand-held, 2-way communication devices for
State and local law enforcement officers serving on the
Southern border.
(e) Port of Entry Infrastructure Improvements.--
(1) In general.--The Commissioner may aid in the
enforcement of Federal customs, immigration, and agriculture
laws by--
(A) designing, constructing, and modifying--
(i) United States ports of entry;
(ii) living quarters for officers, agents,
and personnel;
(iii) technology and equipment, including
technology and equipment deployed in support of
standardized and automated collection of
vehicular travel time; and
(iv) other structures and facilities,
including structures and facilities owned by
municipalities, local governments, or private
entities located at land ports of entry;
(B) acquiring, by purchase, donation, exchange, or
otherwise, land or any interest in land determined to
be necessary to carry out the Commissioner's duties
under this section; and
(C) constructing additional ports of entry along
the Southern border and the Northern border.
(2) Prioritization.--In selecting improvements under this
section, the Commissioner, in coordination with the
Administrator, shall give priority consideration to projects
that will substantially--
(A) reduce commercial and passenger vehicle and
pedestrian crossing wait times at one or more ports of
entry on the same border;
(B) increase trade, travel efficiency, and the
projected total annual volume at one or more ports of
entry on the same border; and
(C) enhance safety and security at border
facilities at one or more ports of entry on the same
border.
(f) Consultation.--
(1) Locations for new ports of entry.--The Secretary shall
consult with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of State, the International Boundary
and Water Commission, the International Joint Commission, and
appropriate representatives of States, Indian tribes, local
governments, and property owners, as appropriate, to--
(A) determine locations for new ports of entry; and
(B) minimize adverse impacts from such ports on the
environment, historic and cultural resources, commerce,
and the quality of life of the communities and
residents located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed to--
(A) create any right or liability of the parties
described in paragraph (1);
(B) affect the legality or validity of any
determination by the Secretary under this Act; or
(C) affect any consultation requirement under any
other law.
(g) Authority To Acquire Leaseholds.--Notwithstanding any other
provision of law, if the Secretary determines that the acquisition of a
leasehold interest in real property and the construction or
modification of any facility on such leased property are necessary to
facilitate the implementation of this Act, the Secretary may--
(1) acquire such leasehold interest; and
(2) construct or modify such facility.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, for each of the fiscal years
2018 through 2023, $1,000,000,000, of which $5,000,000 shall be used
for grants authorized under subsection (d).
(i) Offset, Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation on the date of the enactment of this Act (other than
the unobligated funds referred to in paragraph (4)), amounts
determined by the Director of the Office of Management and
Budget that are equal, in the aggregate, to the amount
authorized to be appropriated under subsection (h).
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(A) the appropriation accounts from which the
rescission under paragraph (1) shall apply; and
(B) the amount of the rescission that shall be
applied to each such account.
(3) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit to Congress and to the Secretary of the
Treasury a report that describes the accounts and amounts
determined and identified under paragraph (2) for rescission
under paragraph (1).
(4) Exceptions.--This subsection shall not apply to
unobligated funds of--
(A) the Department of Defense;
(B) the Department of Veterans Affairs; or
(C) the Department of Homeland Security.
SEC. 4. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS.
(a) Border Wait Time Data Collection.--
(1) Strategic plan.--The Secretary, in consultation with
the Commissioner, the Administrator of the Federal Highway
Administration, State departments of transportation, and other
public and private stakeholders, shall develop a strategic plan
for standardized collection of vehicle wait times at land ports
of entry.
(2) Elements.--The strategic plan required under paragraph
(1) shall include--
(A) a description of how U.S. Customs and Border
Protection will ensure standardized manual wait time
collection practices at ports of entry;
(B) current wait time collection practices at each
land port of entry, which shall also be made available
through existing online platforms for public reporting;
(C) the identification of a standardized
measurement and validation wait time data tool for use
at all land ports of entry; and
(D) an assessment of the feasibility and cost for
supplementing and replacing manual data collection with
automation, which should utilize existing automation
efforts and resources.
(3) Updates for collection methods.--The Secretary shall
update the strategic plan required under paragraph (1) to
reflect new practices, timelines, tools, and assessments, as
appropriate.
(b) Staff Allocation.--The Secretary, in consultation with the
Commissioner and State, municipal, and private sector stakeholders at
each port of entry, shall develop a standardized model for the
allocation of U.S. Customs and Border Protection officers and support
staff at land ports of entry, including allocations specific to field
offices and the port level that utilizes--
(1) current and future operational priorities and threats;
(2) historical staffing levels and patterns; and
(3) anticipated traffic flows.
(c) Outcome-Based Performance Measures.--
(1) In general.--The Secretary, in consultation with the
Commissioner and relevant public and private sector
stakeholders, shall identify and adopt not fewer than two new,
outcome-based performance measures that support the trade
facilitation goals of U.S. Customs and Border Protection.
(2) Effect of trusted traveler and shipper programs.--
Outcome-based performance measures identified under this
subsection should include--
(A) the extent to which trusted traveler and
shipper program participants experience decreased
annual percentage wait time compared to
nonparticipants; and
(B) the extent to which trusted traveler and
shipper program participants experience an annual
reduction in percentage of referrals to secondary
inspection facilities compared to nonparticipants.
(3) Agency efficiencies.--The Secretary may not adopt
performance measures under this subsection that--
(A) solely address U.S. Customs and Border
Protection resource efficiency; or
(B) fail to adequately--
(i) gauge the impact of programs or
initiatives on trade facilitation goals; or
(ii) measure benefits to stakeholders.
(4) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
relevant committees of Congress a report that identifies--
(A) the new performance measures developed under
this subsection; and
(B) the process for the incorporation of such
measures into existing performance measures. | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018 This bill directs the Department of Homeland Security (DHS) to hire, train, and assign to duty, by September 30, 2023: (1) 5,000 additional full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders, and (2) 350 full-time support staff for all U.S. ports of entry. The bill also requires DHS to: ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations and with other law enforcement entities; award grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border; develop a strategic plan for standardized collection of vehicle wait times at land ports of entry and update it to reflect new practices, time lines, tools, and assessments; develop a standardized model for the allocation of CBP officers and support staff at land ports of entry; and identify and adopt at least two new, outcome-based performance measures that support the trade facilitation goals of the CBP. | {"src": "billsum_train", "title": "Emergency Port of Entry Personnel and Infrastructure Funding Act of 2018"} | 2,726 | 273 | 0.540004 | 1.497311 | 0.819699 | 4.387352 | 10.098814 | 0.916996 |
SECTION 1. SHORT TITLE; REFERENCES TO FAIR ACT OF 1998.
(a) Short Title.--This Act may be cited as the ``Federal Activities
Inventory Reform Act Amendments of 2000''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Federal Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2382; 31 U.S.C. 501 note).
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES.
(a) Lists To Include Inherently Governmental Activities.--
Subsection (a) of section 2 is amended by inserting before the period
at the end of the first sentence the following: ``and those activities
performed by Federal Government sources for the executive agency that,
in that official's judgment, are inherently governmental functions''.
(b) Descriptive and Explanatory Matters To Be Included.--Such
subsection is further amended--
(1) by redesignating paragraph (3) as paragraph (5);
(2) by inserting after paragraph (2) the following new
paragraphs (3) and (4):
``(3) A description of the activity, including--
``(A) a narrative description of the activity;
``(B) the product or service code, if any, that
would be assigned to the activity under the Federal
Procurement Data System if the activity were performed
in the private sector; and
``(C) the Standard Industrial Classification code,
if any, that would be assigned to the activity if the
activity were performed in the private sector.
``(4) The organization within the executive agency that is
performing the activity, or for which the activity is
performed, and the location of that organization.''; and
(3) by adding at the end the following:
``(6) The identity of any provision of law or other
authority that, except for subsection (f), would expressly or
impliedly exempt the executive agency from the requirements of
this section or of Office of Management and Budget Circular A-
76 with respect to any activity that is not an inherently
governmental activity, together with a discussion of the
rationale for that exemption.''.
(c) Deadlines for Publication of Lists and Changes.--Subsection (c)
of such section is amended--
(1) in paragraph (1)(B), by striking ``promptly'' and
inserting ``, not later than 30 working days after receiving
the list,''; and
(2) in paragraph (2)(B), by inserting after ``(B)'' the
following: ``not later than 30 working days after the date of
the final decision to make the change,''.
SEC. 3. NOTIFICATION OF AFFECTED EMPLOYEES.
Section 2 is further amended by adding at the end the following:
``(f) Notification of Affected Employees.--At the same time that
the Director of the Office of Management and Budget publishes a notice
of the availability of a list of an executive agency under subsection
(c)(1), the head of the executive agency shall notify each employee of
the executive agency employed in an activity listed as not being an
inherently governmental function that the activity may be converted to
performance by a private sector source.''.
SEC. 4. COMPETITION REQUIREMENTS.
(a) Use of Competitive Procedures.--
(1) Requirement.--The second sentence of section 2(d) is
amended by striking ``use a competitive process'' and all that
follows and inserting ``select the source using competitive
procedures applicable to the executive agency's procurements.''
(2) Competitive procedures defined.--Section 5 is amended
by adding at the end the following:
``(3) Competitive procedures.--The term `competitive
procedures' has the meaning given that term in section 2302(2)
of title 10, United States Code, and section 309(b) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 259(b)).''.
(b) Cost Comparisons.--Section 2(e) is amended to read as follows:
``(e) Cost Comparisons.--
``(1) Realistic and fair cost comparisons.--Before
determining to contract with a private sector source for the
performance of an executive agency activity on the basis of a
comparison of the costs of procuring services from such a
source with the cost of performing that activity by the
executive agency, the head of the executive agency shall ensure
that--
``(A) the cost comparison was conducted in
accordance with--
``(i) Office of Management and Budget
Circular A-76; and
``(ii) any provision of law that is
applicable to the cost comparison, including
(if applicable) title IX of the Federal
Property and Administrative Services Act of
1949 (40 U.S.C. 541 et seq.) relating to
architectural and engineering services
(including surveying and mapping services);
``(B) all costs have been considered, including the
costs of quality assurance, technical monitoring of the
performance of such activity, liability insurance,
employee retirement and disability benefits, and all
other overhead costs; and
``(C) the costs considered are realistic and fair.
``(2) Exemption.--Notwithstanding any other provision of
law, the performance of an activity that is not an inherently
governmental function may be converted to performance by a
private sector source without a cost comparison if the activity
is performed by fewer than 10 full-time employees of the United
States (or the equivalent in part-time employees or in a
combination of full-time and part-time employees).''.
SEC. 5. INAPPLICABILITY OF EXEMPTIONS IN OTHER LAWS.
Section 2 is amended by adding at the end the following:
``(f) Exemptions Inapplicable.--The head of each executive agency
shall carry out this Act notwithstanding any other provision of law
that expressly or impliedly exempts that executive agency from
developing an inventory of activities that are not inherently
governmental functions and are performed by the executive agency or by
Federal Government sources for the executive agency. The head of the
executive agency shall include in the annual list prepared under
subsection (a) a notation of each such exemption that, except for the
preceding sentence, would otherwise apply to the executive agency or
any such function.''.
SEC. 6. PERFORMANCE FOR OTHER GOVERNMENTAL ORGANIZATIONS.
(a) Limitations.--Section 2, as amended by section 5, is further
amended by adding at the end the following:
``(g) Limitations on Performance for Other Governmental
Organizations.--
``(1) Federal agencies.--An activity that is not an
inherently governmental function may not be performed for an
executive agency by another Federal Government source under
section 1535 of title 31, United States Code, unless, within
three years before the order for that activity is placed with
the other Federal Government source under that section,
performance of that activity by the executive agency has been
justified pursuant to a competition carried out under Office of
Management and Budget Circular A-76.
``(2) State and local governments.--The head of an
executive agency may not take any action under section 6505 of
title 31, United State Code, to perform for the benefit of an
agency of a State or a political subdivision of a State an
activity that is not an inherently governmental function unless
the head of the executive agency has first--
``(A) solicited offers for the performance of that
activity in accordance with section 18 of the Office of
Federal Procurement Policy Act (41 U.S.C. 416) and
section 8(e) of the Small Business Act (15 U.S.C.
637(e)); and
``(B) determined on the basis of the response to
the solicitation that no responsible private sector
source is available to meet the needs of the executive
agency for the performance of that activity for the
executive agency.''.
(b) State Defined.--Section 5, as amended by section 4(a)(2) of
this Act, is further amended by adding at the end the following:
``(4) State.--The term `State', includes the District of
Columbia, the Commonwealth of Puerto Rico, and the United
States Virgin Islands.''.
SEC. 7. CHALLENGES TO THE LIST.
(a) Matters Subject to Challenge.--Section 3(a) is amended by
striking ``or an inclusion of a particular activity on,'' and inserting
``an inclusion of a particular activity on, or the classification of
any activity on''.
(b) Revision of Deadlines.--Section 3 is amended--
(1) in subsection (c), by striking ``30 days'' and
inserting ``90 working days'';
(2) in subsection (d), by striking ``28 days'' and
inserting ``28 working days''; and
(3) in subsection (e)(2), by striking ``10 days'' and
inserting ``10 working days''.
(c) Publication of Resolution of Challenges.--Section 3 is amended
by adding at the end the following:
``(f) Publication of Resolution of Challenges.--Not later than 30
working days after the head of an executive agency makes a decision on
an appeal under subsection (e), the head of the executive agency shall
publish in the Federal Register the following:
``(1) Final list.--A final version of the list that was
challenged.
``(2) Schedule for review of list.--A schedule for the
review to be conducted of such list under section 2(d),
together with a description of the intended review.''.
(d) Working Days Defined.--Section 5, as amended by section 6(b) of
this Act, is further amended by adding at the end the following:
``(5) Working day.--The term `working day', in the
administration of sections 2 and 3 with respect to a list of an
executive agency, means a day on which the headquarters of the
executive agency is open for the conduct of the executive
agency's business.''.
SEC. 8. PROHIBITION ON CONVERSION TO PERFORMANCE BY FEDERAL PRISON
INDUSTRIES.
Section 4 is amended by adding at the end the following:
``(c) Prohibited Conversion.--The performance of an activity of an
executive agency that is not an inherently government function may not
be converted to performance by a government corporation provided for
under chapter 307 of title 18, United States Code.''.
SEC. 9. INHERENTLY GOVERNMENTAL FUNCTION NOT TO INCLUDE RESEARCH AND
DEVELOPMENT.
Section 5(2)(C) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) the conduct of research and
development.''.
SEC. 10. PRIVATE SECTOR SOURCE DEFINED.
Section 5, as amended by section 7(d) of this Act, is further
amended by adding at the end the following:
``(6) Private sector source.--The term `private sector
source' means a person lawfully engaged in business for profit
in the United States.''.
SEC. 11. REPORT ON PORTABILITY OF FEDERAL PENSION BENEFITS.
(a) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall submit to Congress a report on the portability of Federal
pension benefits. The report shall contain--
(1) an evaluation of current Federal law, policies, and
procedures relating to the conversion by Federal Government
employees of their Federal pension benefits to private sector
pension plans upon the transition of such employees from
Federal Government employment to private sector employment;
(2) a discussion of any impediments to the conversion of
Federal pension benefits as described in paragraph (1);
(3) an analysis of the scoring, under the Congressional
Budget Act of 1974, of the conversion of Federal pension
benefits as so described; and
(4) recommendations of the Director for any legislation
required to permit the ready conversion of Federal pension
benefits as so described.
(b) Consultation.--The Director of the Office of Management and
Budget shall consult with the Director of the Office of Personnel
Management and other appropriate interested parties in preparing the
report required by subsection (a). | Requires notification to agency employees who are engaged in an activity listed as not being inherently governmental that such activity may be converted to performance by a private source.
Requires competitive procedures to be used when considering contracting with a private source for the performance of an activity that is not inherently governmental.
Requires OMB Circular A-76 and applicable Federal laws to be followed in cost comparisons of performing a function within the executive agency versus through a private source. Allows an activity not inherently governmental to be performed by a private source without a cost comparison if the activity is currently performed by fewer than ten full-time Federal employees.
Prohibits an agency activity not inherently governmental from being performed by another Federal source unless, within three years prior, performance of such activity has been justified pursuant to Federal competitive procedures. Prohibits the performance within State or local agencies of an activity not inherently governmental unless the head of such agency has first: (1) solicited offers for performance of such activity under Federal procurement requirements; and (2) determined that no responsible private source is available to meet the agency's needs with respect to that activity.
Allows an interested party to submit to an executive agency a challenge of the classification of any activity on a list for which a notice of public availability has been published. Revises publication deadlines.
Prohibits the conversion of agency performance of an activity not inherently governmental to performance by a Federal Prison Industries government corporation.
Excludes research and development from consideration as an inherently governmental function.
Requires the OMB Director to report to Congress on the portability of Federal pension benefits. | {"src": "billsum_train", "title": "Federal Activities Inventory Reform Act Amendments of 2000"} | 2,838 | 365 | 0.525283 | 1.568655 | 0.78802 | 2.527869 | 8.419672 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Internship Improvement
Act''.
SEC. 2. FEDERAL INTERNSHIP PROGRAMS.
(a) Internship Coordinator.--The head of each Federal agency
operating an internship program shall appoint an individual within such
agency to serve as an internship coordinator.
(b) Online Information.--
(1) Agencies.--The head of each Federal agency operating an
internship program shall make publicly available on the
Internet--
(A) the name and contact information of the
internship coordinator for such program; and
(B) information regarding application procedures
and deadlines for such internship program.
(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on the
Internet links to the websites where the information described
in paragraph (1) is displayed.
(c) Centralized Database.--The Office of Personnel Management shall
establish and maintain a centralized electronic database that contains
the names, contact information, and relevant skills of individuals who
have completed or are nearing completion of an internship program and
are currently seeking full-time Federal employment.
(d) Noncompetitive Appointment.--
(1) Appointment.--Under such regulations as the Office of
Personnel Management shall prescribe, the head of an agency may
make a noncompetitive appointment leading to conversion to
term, career, or career-conditional employment of an individual
if the individual--
(A) has completed an internship program;
(B) is recommended for such appointment by the
agency in which the individual served as an intern; and
(C) satisfies such other requirements and
conditions as the Office of Personnel Management may
prescribe.
(2) Term appointment conversion.--An intern appointed to
term employment under paragraph (1) may subsequently be
converted noncompetitively to a career or career-conditional
appointment before the term appointment expires.
(3) Regulations.--The Office of Personnel Management shall
prescribe such regulations as the Office considers necessary to
carry out this subsection.
(e) Report.--
(1) In general.--The head of each Federal agency operating
an internship program shall annually submit to the Office of
Personnel Management a report assessing such internship
program.
(2) Contents.--Each report required under paragraph (1) for
a Federal agency shall include, for the one-year period ending
on March 1 of the year in which the report is submitted--
(A) the number of interns that participated in an
internship program at such agency;
(B) information regarding the demographic
characteristics of interns at such agency, including
educational background;
(C) the percentage of individuals who began full-
time Federal employment at such agency who were
appointed to such employment in accordance with
subsection (d);
(D) a description of the steps taken by such agency
to increase such percentage, and any barriers
encountered;
(E) a description of activities engaged in by such
agency to recruit new interns, including locations and
methods;
(F) a description of the diversity of work roles
offered within internship programs at such agency;
(G) a description of the mentorship portion of such
internship programs; and
(H) a summary of exit interviews conducted by such
agency upon completion of an internship program by an
intern.
(3) Submission.--Each report required under paragraph (1)
shall be submitted to the Office of Personnel Management
between March 1 and March 31 of each year. Not later than April
30 of each year, the Office of Personnel Management shall
submit to Congress a report summarizing the information
submitted to the Office of Personnel Management in accordance
with paragraph (1) for such year.
(f) Definitions.--In this section:
(1) Internship program.--The term ``internship program''
means a program established by a Federal agency to provide
educational employment experiences to individuals whose service
in such agency will not be used to displace any employee.
(2) Intern.--The term ``intern'' means an individual
serving in an internship program. | Federal Internship Improvement Act - Directs the head of each federal agency operating an internship program to: (1) appoint an internship coordinator within the agency; and (2) make publicly available on the Internet such coordinator's name and contact information and information regarding application procedures and deadlines for the program.
Directs the Office of Personnel Management (OPM) to: (1) make publicly available on the Internet links to the websites where such information is displayed; and (2) establish and maintain a centralized electronic database that contains the names, contact information, and relevant skills of individuals who have completed or are nearing completion of an internship program and are currently seeking full-time federal employment.
Authorizes agencies to make noncompetitive appointments leading to conversion to term, career, or career-conditional employment of individuals who have completed an internship program. Permits an intern appointed to term employment to subsequently be converted noncompetitively to a career or career-conditional appointment before the term appointment expires.
Directs each agency to report to OPM annually on its internship program. | {"src": "billsum_train", "title": "To improve Federal internship programs to facilitate hiring of full-time Federal employees, and for other purposes."} | 867 | 225 | 0.738747 | 2.184892 | 0.908738 | 5.024752 | 4.014851 | 0.945545 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Jesse Louis Jackson, Sr. was born on October 8, 1941,
in Greenville, South Carolina.
(2) In 1965 Jesse L. Jackson, Sr. joined the civil rights
movement full-time, beginning his activism as a student leader
in the sit-in movement and continuing as a young organizer for
the Southern Christian Leadership Conference as an assistant to
Dr. Martin Luther King, Jr.
(3) On June 30, 1968, Jesse L. Jackson, Sr. became an
ordained minister, having attended the Chicago Theological
Seminary.
(4) Jesse L. Jackson, Sr. served as the national director
for Operation Breadbasket and, in 1971 in Chicago, Illinois,
founded People United to Save Humanity, known as PUSH.
(5) In 1984 Jesse L. Jackson, Sr. founded the National
Rainbow Coalition, a national social justice organization
devoted to political empowerment and to expanding educational
and employment opportunities for disadvantaged people and for
communities of color.
(6) In 1996 Jesse L. Jackson, Sr. merged the National
Rainbow Coalition and PUSH to continue the philosophies of both
organizations and to maximize their resources.
(7) Jesse L. Jackson, Sr. is, and has been for more than 30
years, one of the foremost political figures in the United
States, playing a pivotal role in virtually every movement for
human rights, civil rights, peace, gender equality,
empowerment, and economic and social justice.
(8) Jesse L. Jackson, Sr. has been and continues to be
counted on to serve as a champion and spokesman for a segment
of the population whose voices all too often are not heard.
(9) Jesse L. Jackson, Sr. has been called the ``conscience
of the Nation'' and the ``great unifier'', challenging the
United States to establish just and humane priorities.
(10) Jesse L. Jackson, Sr. has led a myriad of successful
delegations, marches, and missions for justice, peace, and
reconciliation.
(11) Jesse L. Jackson, Sr. is a highly respected world
leader who has acted on many occasions as an international
diplomat.
(12) In 1984 Jesse L. Jackson, Sr. secured the release of a
captured Navy pilot, Lieutenant Robert Goodman, who was shot
down over Lebanon. He also negotiated the release of 22
Americans and 26 Cubans in Cuba during 1984.
(13) In 1990 Jesse L. Jackson, Sr. won the release of
hundreds of foreign nationals, including 47 Americans, being
held in Iraq and Kuwait by Saddam Hussein.
(14) In October 1997 Jesse L. Jackson, Sr. was appointed by
President William Jefferson Clinton and by Secretary of State
Madeleine K. Albright as the Special Envoy of the President and
the Secretary of State for the Promotion of Democracy in
Africa.
(15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the
negotiated release of Army Specialist Steven M. Gonzales and
Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3
United States soldiers who had spent 32 days in captivity in
Yugoslavia as prisoners of war and hostages.
(16) Jesse L. Jackson, Sr. has dedicated his life to the
principles of freedom, peace, justice, international good will,
and the struggle for civil rights and equality for Americans
and for all peoples, at home and abroad.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring
contributions to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) Authorization of Appropriation.--Effective February 1, 1999,
there are authorized to be appropriated $30,000 to carry out this
section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck under section 2
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Authorizes the President to present to Jesse L. Jackson, on behalf of the Congress, a gold medal in recognition of his outstanding and enduring contributions to the Nation.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation."} | 1,069 | 45 | 0.333061 | 0.922413 | -0.222779 | 5.371429 | 28.114286 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gallatin Land Consolidation Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the land north of Yellowstone National Park possesses
outstanding natural characteristics and wildlife habitats that
make the land a valuable addition to the National Forest
System;
(2) it is in the interest of the United States to establish
a logical and effective ownership pattern for the Gallatin
National Forest, reducing long-term costs for taxpayers and
increasing and improving public access to the forest;
(3) it is in the interest of the United States for the
Secretary of Agriculture to enter into an Option Agreement for
the acquisition of land owned by Big Sky Lumber Co. to
accomplish the purposes of this Act; and
(4) other private property owners are willing to enter into
exchanges that further improve the ownership pattern of the
Gallatin National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM land.--The term ``BLM land'' means approximately
2,000 acres of Bureau of Land Management land (including all
appurtenances to the land) that is proposed to be acquired by
BSL, as depicted in Exhibit B to the Option Agreement.
(2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an
Oregon joint venture, and its successors and assigns, and any
other entities having a property interest in the BSL land.
(3) BSL land.--The term ``BSL land'' means approximately
54,000 acres of land (including all appurtenances to the land
except as provided in section 4(e)(1)(D)(i)) owned by BSL that
is proposed to be acquired by the Secretary of Agriculture, as
depicted in Exhibit A to the Option Agreement.
(4) Eastside national forests.--The term ``Eastside
National Forests'' means national forests east of the
Continental Divide in the State of Montana, including the
Beaverhead National Forest, Deerlodge National Forest, Helena
National Forest, Custer National Forest, and Lewis and Clark
National Forest.
(5) National forest system land.--The term ``National
Forest System land'' means approximately 29,000 acres of land
(including all appurtenances to the land) owned by the United
States in the Gallatin National Forest, Flathead National
Forest, Deerlodge National Forest, Helena National Forest, Lolo
National Forest, and Lewis and Clark National Forest that is
proposed to be acquired by BSL, as depicted in Exhibit B to the
Option Agreement.
(6) Option agreement.--The term ``Option Agreement''
means--
(A) the document signed by BSL, dated July 29, 1998
and entitled ``Option Agreement for the Acquisition of
Big Sky Lumber Co. Lands Pursuant to the Gallatin Range
Consolidation and Protection Act of 1993'';
(B) the exhibits and maps attached to the document
described in subparagraph (A); and
(C) an exchange agreement to be entered into
between the Secretary and BSL and made part of the
document described in subparagraph (A).
(7) Secretary.--The ``Secretary'' means the Secretary of
Agriculture.
SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION.
(a) In General.--Notwithstanding any other provision of law, and
subject to the terms and conditions of the Option Agreement--
(1) if BSL offers title acceptable to the Secretary to the
BSL land--
(A) the Secretary shall accept a warranty deed to
the BSL land and a quit claim deed to agreed to mineral
interests in the BSL land;
(B) the Secretary shall convey to BSL, subject to
valid existing rights and to other terms, conditions,
reservations, and exceptions as may be agreed to by the
Secretary and BSL, fee title to the National Forest
System land; and
(C) the Secretary of the Interior shall convey to
BSL, by patent or otherwise, subject to valid existing
rights and other terms, conditions, reservations, and
exceptions as may be agreed to by the Secretary of the
Interior and BSL, fee title to the BLM land;
(2) if BSL places title in escrow acceptable to the
Secretary to 11\1/2\ sections of the BSL land in the Taylor
Fork area as set forth in the Option Agreement--
(A) the Secretary shall place Federal land in the
Bangtail and Doe Creek areas of the Gallatin National
Forest, as identified in the Option Agreement, in
escrow pending conveyance to the Secretary of the
Taylor Fork land, as identified in the Option Agreement
in escrow;
(B) the Secretary, subject to the availability of
funds, shall purchase 7\1/2\ sections of BSL land in
the Taylor Fork area held in escrow and identified in
the Option Agreement at a purchase price of $4,150,000;
and
(C) the Secretary shall acquire the 4 Taylor Fork
sections identified in the Option Agreement remaining
in escrow, and any of the 6 sections referred to in
subparagraph (B) for which funds are not available, by
providing BSL with timber sale receipts from timber
sales on the Gallatin National Forest and other
eastside national forests in the State of Montana in
accordance with subsection (c); and
(3)(A) as funds or timber sale receipts are received by
BSL--
(i) the deeds to an equivalent value of BSL Taylor
Fork land held in escrow shall be released and conveyed
to the Secretary; and
(ii) the escrow of deeds to an equivalent value of
Federal land shall be released to the Secretary in
accordance with the terms of the Option Agreement; or
(B) if funds or timber sale receipts are not provided to
BSL as provided in the Option Agreement, BSL shall be entitled
to receive patents and deeds to an equivalent value of the
Federal land held in escrow.
(b) Valuation.--
(1) In general.--The property and other assets exchanged or
conveyed by BSL and the United States under subsection (a)
shall be approximately equal in value, as determined by the
Secretary.
(2) Difference in value.--To the extent that the property
and other assets exchanged or conveyed by BSL or the United
States under subsection (a) are not approximately equal in
value, as determined by the Secretary, the values shall be
equalized in accordance with methods identified in the Option
Agreement.
(c) Timber Sale Program.--
(1) In general.--The Secretary shall implement a timber
sale program, according to the terms and conditions identified
in the Option Agreement and subject to compliance with
applicable environmental laws (including regulations), judicial
decisions, memoranda of understanding, small business set-aside
rules, and acts beyond the control of the Secretary, to
generate sufficient timber receipts to purchase the portions of
the BSL land in Taylor Fork identified in the Option Agreement.
(2) Implementation.--In implementing the timber sale
program--
(A) the Secretary shall provide BSL with a proposed
annual schedule of timber sales;
(B) as set forth in the Option Agreement, receipts
generated from the timber sale program shall be
deposited by the Secretary in a special account
established by the Secretary and paid by the Secretary
to BSL;
(C) receipts from the Gallatin National Forest
shall not be subject to the Act of May 23, 1908 (16
U.S.C. 500); and
(D) the Secretary shall fund the timber sale
program at levels determined by the Secretary to be
commensurate with the preparation and administration of
the identified timber sale program.
(d) Rights-of-Way.--As specified in the Option Agreement--
(1) the Secretary, under the authority of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
shall convey to BSL such easements in or other rights-of-way
over National Forest System land for access to the land
acquired by BSL under this Act for all lawful purposes; and
(2) BSL shall convey to the United States such easements in
or other rights-of-way over land owned by BSL for all lawful
purposes, as may be agreed to by the Secretary and BSL.
(e) Quality of Title.--
(1) Determination.--The Secretary shall review the title
for the BSL land described in subsection (a) and, within 45
days after receipt of all applicable title documents from BSL,
determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied and the quality of the
title is otherwise acceptable to the Secretary of
Agriculture;
(B) all draft conveyances and closing documents
have been received and approved;
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary; and
(D) the title includes both the surface and
subsurface estates without reservation or exception
(except as specifically provided in this Act),
including--
(i) minerals, mineral rights, and mineral
interests (including severed oil and gas
surface rights), subject to and excepting other
outstanding or reserved oil and gas rights;
(ii) timber, timber rights, and timber
interests (except those reserved subject to
section 251.14 of title 36, Code of Federal
Regulations, by BSL and agreed to by the
Secretary);
(iii) water, water rights, ditch, and ditch
rights;
(iv) geothermal rights; and
(v) any other interest in the property.
(2) Conveyance of title.--
(A) In general.--If the quality of title does not
meet Federal standards or is otherwise determined to be
unacceptable to the Secretary of Agriculture, the
Secretary shall advise BSL regarding corrective actions
necessary to make an affirmative determination under
paragraph (1).
(B) Title to subsurface estate.--Title to the
subsurface estate shall be conveyed by BSL to the
Secretary in the same form and content as that estate
is received by BSL from Burlington Resources Oil & Gas
Company Inc. and Glacier Park Company.
(f) Timing of Implementation.--
(1) Land-for-land exchange.--The Secretary shall accept the
conveyance of land described in subsection (a) not later than
45 days after the Secretary has made an affirmative
determination of quality of title.
(2) Land-for-timber sale receipt exchange.--As provided in
subsection (c) and the Option Agreement, the Secretary shall
make timber receipts described in subsection (a)(3) available
not later than December 31 of the fifth full calendar year that
begins after the date of enactment of this Act.
(3) Purchase.--The Secretary shall complete the purchase of
BSL land under subsection (a)(3)(B) not later than 30 days
after the date on which appropriated funds are made available
and an affirmative determination of quality of title is made
with respect to the BSL land.
SEC. 5. OTHER FACILITATED EXCHANGES.
(a) Authorized Exchanges.--
(1) In general.--The Secretary shall enter into the
following land exchanges if the landowners are willing:
(A) Wapiti land exchange, as outlined in the
documents entitled ``Non-Federal Lands in Facilitated
Exchanges'' and ``Federal Lands in Facilitated
Exchanges'' and dated July 1998.
(B) Eightmile/West Pine land exchange as outlined
in the documents entitled ``Non-Federal Lands in
Facilitated Exchanges'' and ``Federal Lands in
Facilitated Exchanges'' and dated July 1998.
(2) Equal Value.--Before entering into an exchange under
paragraph (1), the Secretary shall determine that the parcels
of land to be exchanged are of approximately equal value, based
on an appraisal.
(b) Section 1 of the Taylor Fork Land.--
(1) In general.--The Secretary is encouraged to pursue a
land exchange with the owner of section 1 of the Taylor Fork
land after completing a full public process and an appraisal.
(2) Report.--The Secretary shall report to Congress on the
implementation of paragraph (1) not later than 180 days after
the date of enactment of this Act.
SEC. 6. GENERAL PROVISIONS.
(a) Minor Corrections.--
(1) In general.--The Option Agreement shall be subject to
such minor corrections and supplemental provisions as may be
agreed to by the Secretary and BSL.
(2) Notification.--The Secretary shall notify the Committee
on Energy and Natural Resources of the Senate, the Committee on
Resources of the House of Representatives, and each member of
the Montana congressional delegation of any changes made under
this subsection.
(3) Boundary adjustment.--
(A) In general.--The boundary of the Gallatin
National Forest is adjusted in the Wineglass and North
Bridger area, as described on maps dated July 1998,
upon completion of the conveyances.
(B) No limitation.--Nothing in this subsection
limits the authority of the Secretary to adjust the
boundary pursuant to section 11 of the Act of March 1,
1911 (commonly known as the ``Weeks Act'') (16 U.S.C.
521).
(C) Allocation of land and water conservation fund
moneys.--For the purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
boundaries of the Gallatin National Forest shall be
considered to be the boundaries of the National Forest
as of January 1, 1965.
(b) Public Availability.--The Option Agreement--
(1) shall be on file and available for public inspection in
the office of the Supervisor of the Gallatin National Forest;
and
(2) shall be filed with the county clerk of each of
Gallatin County, Park County, Madison County, Granite County,
Broadwater County, Meagher County, Flathead County, and
Missoula County, Montana.
(c) Compliance With Option Agreement.--The Secretary, the Secretary
of the Interior, and BSL shall comply with the terms and conditions of
the Option Agreement except to the extent that any provision of the
Option Agreement conflicts with this Act.
(d) Status of Land.--All land conveyed to the United States under
this Act shall be added to and administered as part of the Gallatin
National Forest and Deerlodge National Forest, as appropriate, in
accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and
other laws (including regulations) pertaining to the National Forest
System.
(e) Management.--
(1) Public process.--Not later than 30 days after the date
of completion of the land-for-land exchange under section
4(f)(1), the Secretary shall initiate a public process to amend
the Gallatin National Forest Plan and the Deerlodge National
Forest Plan to integrate the acquired land into the plans.
(2) Process time.--The amendment process under paragraph
(1) shall be completed as soon as practicable, and in no event
later than 540 days after the date on which the amendment
process is initiated.
(3) Limitation.--An amended management plan shall not
permit surface occupancy on the acquired land for access to
reserved or outstanding oil and gas rights or for exploration
or development of oil and gas.
(4) Interim management.--Pending completion of the forest
plan amendment process under paragraph (1), the Secretary
shall--
(A) manage the acquired land under the standards
and guidelines in the applicable land and resource
management plans for adjacent land managed by the
Forest Service; and
(B) maintain all existing public access to the
acquired land.
(f) Restoration.--
(1) In general.--The Secretary shall implement a
restoration program including reforestation and watershed
enhancements to bring the acquired land and surrounding
national forest land into compliance with Forest Service
standards and guidelines.
(2) State and local conservation corps.--In implementing
the restoration program, the Secretary shall, when practicable,
use partnerships with State and local conservation corps,
including the Montana Conservation Corps, under the Public
Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.).
(g) Implementation.--The Secretary of Agriculture shall ensure that
sufficient funds are made available to the Gallatin National Forest to
carry out this Act.
(i) Revocations.--Notwithstanding any other provision of law, any
public orders withdrawing lands identified in the Option Agreement from
all forms of appropriation under the public land laws are revoked upon
conveyance of the lands by the Secretary.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate October 2, 1998.
Attest:
GARY SISCO,
Secretary. | Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana.
Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land).
Authorizes appropriations. | {"src": "billsum_train", "title": "Gallatin Land Consolidation Act of 1998"} | 3,670 | 163 | 0.603766 | 1.745418 | 0.659166 | 2.434783 | 24.202899 | 0.927536 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Earthquake
Insurance Affordability Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Eligible State programs.
Sec. 5. Establishment of debt-guarantee program.
Sec. 6. Effect of guarantee.
Sec. 7. Assessment at time of guarantee.
Sec. 8. Payment of losses.
Sec. 9. Full faith and credit.
Sec. 10. Budgetary impact; costs.
Sec. 11. Regulations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Major earthquakes are likely in the United States. For
example, the United States Geological Survey predicts that
there is a 99.7 percent chance that a magnitude 6.7 earthquake
will strike in California in the next 30 years and that there
is a 46 percent chance that a magnitude 7.5 earthquake will
strike in California in the next 30 years. Earthquakes can be
caused by volcanic or tectonic events and result in destructive
shaking of the earth, fires, landslides, volcanic eruptions,
and tsunamis.
(2) Despite the known risk of earthquakes, relatively few
homeowners have earthquake insurance. For example, in
California, 88 percent of homes insured for fire do not have
earthquake insurance. In the event of a catastrophic
earthquake, the lack of homeowner earthquake-insurance coverage
will slow recovery, create economic hardship, and increase the
risk of mortgage and other credit defaults and adversely affect
the Nation's banking system.
(3) It is important that States improve the affordability,
availability, and quality of earthquake insurance so that more
homeowners will purchase coverage. For example, California has
created the California Earthquake Authority to provide
earthquake insurance to homeowners through private-sector
insurers.
(4) It is a proper role of the Federal Government to help
prepare and protect its citizens from catastrophes such as
earthquakes and to facilitate consumer protection, victim
assistance, and individual and community recovery, including
financial recovery.
(b) Purposes.--The purposes of this Act are to establish a
program--
(1) to promote the availability of private capital to
provide liquidity and capacity to State earthquake insurance
programs; and
(2) to expedite the payment of claims under State
earthquake insurance programs and better assist the financial
recovery from significant earthquakes by authorizing the
Secretary of the Treasury to guarantee debt for such purposes.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Commitment to guarantee.--The term ``commitment to
guarantee'' means a commitment to make debt guarantees to an
eligible State program pursuant to section 5.
(2) Eligible state program.--The term ``eligible State
program'' means a State program that, pursuant to section 4, is
eligible to receive a debt guarantee under this Act.
(3) Insured loss.--The term ``insured loss'' means any loss
resulting from an earthquake, an earthquake-related event, or
fire following an earthquake that is determined by an eligible
State program as being covered by insurance made available
under that eligible State program.
(4) Qualifying assets.--The term ``qualifying assets''
means the policyholder surplus of the eligible State program as
stated in the most recent quarterly financial statement filed
by the program with the domiciliary regulator of the program in
the last quarter ending prior to an insured-loss triggering
event or events.
(5) Residential property insurance.--The term ``residential
property insurance'' means insurance coverage for--
(A) individually owned residential structures of
not more than 4 dwelling units, individually owned
condominium units, or individually owned mobile homes,
and their contents, located in a State and used
exclusively for residential purposes or a tenant's
policy written to include personal contents of a
residential unit located in the State, but shall not
include--
(i) insurance for real property or its
contents used for any commercial, industrial,
or business purpose, except a structure of not
more than 4 dwelling units rented for
individual residential purposes; or
(ii) a policy that does not include any of
the perils insured against in a standard fire
policy or any earthquake policy; or
(B) commercial residential property, which includes
property owned by a condominium association or its
members, property owned by a cooperative association,
or an apartment building.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(7) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the United States Virgin Islands,
American Samoa, and any other territory or possession of the
United States.
SEC. 4. ELIGIBLE STATE PROGRAMS.
(a) Eligible State Programs.--A State program shall be considered
an eligible State program for purposes of this Act if the State program
or other State entity authorized to make such determinations certifies
to the Secretary, in accordance with the procedures established under
subsection (b), that the State program complies with the following
requirements:
(1) State program design.--The State program is established
and authorized by State law as an earthquake insurance program
that offers residential property insurance coverage for insured
losses to property, contents, and additional living expenses,
and which is not a State program that requires insurers to pool
resources to provide property insurance coverage for
earthquakes.
(2) Operation.--The State program shall meet the following
requirements:
(A) A majority of the members of the governing body
of the State program shall be public officials or
appointed by public officials.
(B) The State shall have a financial interest in
the State program.
(C) If the State has at any time appropriated
amounts from the State program's funds for any purpose
other than payments for losses insured under the State
program, or payments made in connection with any of the
State program's authorized activities, the State shall
have returned such amounts to the State fund, together
with interest on such amounts.
(3) Tax status.--The State program shall have received from
the Secretary (or the Secretary's designee) a written
determination, within the meaning of section 6110(b) of the
Internal Revenue Code of 1986, that the State program either--
(A) constitutes an ``integral part'' of the State
that has created it; or
(B) is otherwise exempt from Federal income
taxation.
(4) Earnings.--The State program may not provide for any
distribution of any part of any net profits of the State
program to any insurer that participates in the State program.
(5) Loss prevention and mitigation.--
(A) Mitigation of losses.--The State program shall
include provisions designed to encourage and support
programs to mitigate losses for which the State
insurance program was established to provide insurance.
(B) Operational requirements.--The State program
shall operate in a State that--
(i) has in effect and enforces, or the
appropriate local governments within the State
have in effect and enforce, nationally
recognized building, seismic-design, and safety
codes and consensus-based standards; and
(ii) has taken actions to establish an
insurance rate structure that takes into
account measures to mitigate insured losses.
(6) Requirements regarding coverage.--The State program--
(A) may not, except for charges or assessments
related to post-event financing or bonding, involve
cross-subsidization between any separate property-and-
casualty insurance lines offered under the State
program pursuant to paragraph (1);
(B) shall be subject to a requirement under State
law that for earthquake insurance coverage made
available under the State insurance program the premium
rates charged on such insurance shall be actuarially
sound; and
(C) shall make available to all qualifying
policyholders insurance coverage and mitigation
services on a basis that is not unfairly
discriminatory.
(b) Annual Certification.--The Secretary shall establish procedures
for initial certification and annual recertification as an eligible
State program.
SEC. 5. ESTABLISHMENT OF DEBT-GUARANTEE PROGRAM.
(a) Authority of Secretary.--The Secretary is authorized and shall
have the powers and authorities necessary--
(1) to guarantee, and to enter into commitments to
guarantee, holders of debt against loss of principal or
interest, or both, on any debt issued by eligible State
programs for purposes of this Act; and
(2) to certify and recertify State catastrophe insurance
programs that cover earthquake peril to become or remain
eligible for the benefits of such a debt-guarantee program.
(b) Limit on Outstanding Debt Guarantee.--The aggregate amount of
debt covered by the Secretary's guarantees and commitments to guarantee
for all eligible State programs outstanding at any time shall not
exceed $5,000,000,000, including interest.
(c) Funding.--
(1) Appropriation of federal payments.--Subject to
subsection (b), there are hereby appropriated, out of funds in
the Treasury not otherwise appropriated, such sums as may be
necessary to satisfy debt guarantee commitments extended to
eligible State programs under this Act.
(2) Certification fee.--Upon certification or
recertification as an eligible State program under section 4(a)
or 4(b), a State program shall be charged a certification fee
sufficient in the judgement of the Secretary at the time of
certification to cover--
(A) applicable administrative costs arising from
each certification or recertification, including all
pre-certification costs and a proportional share of the
costs arising from the administration of the program
established under this Act, but in any event not to
exceed one-half of 1 percent annum of the aggregate
principal amount of the debt for which the eligible
State program is issued a guarantee commitment; and
(B) any probable losses on the aggregate principal
amount of the debt for which the eligible State program
is issued a guarantee commitment.
(3) Rule of construction.--Any funds expended or obligated
by the Secretary for the payment of administrative expenses for
conduct of the debt-guarantee program authorized by this Act
shall be deemed appropriated at the time of such expenditure or
obligation from the certification and recertification fees
collected pursuant to paragraph (2).
(d) Conditions for Guarantee Eligibility.--A debt guarantee under
this section may be made only if the Secretary has issued a commitment
to guarantee to a certified, eligible State program. The commitment to
guarantee shall be in force for a period of 3 years from its initial
issuance and may be extended by the Secretary for 1 year on each annual
anniversary of the issuance of the commitment to guarantee. The
commitment to guarantee and each extension of such commitment may be
issued by the Secretary only if the following requirements are
satisfied:
(1) The eligible State program submits to the Secretary a
report setting forth, in such form and including such
information as the Secretary shall require, how the eligible
State program plans to repay guarantee-eligible debt it may
incur.
(2) Based on the eligible State program's report submitted
pursuant to paragraph (1), the Secretary determines there is
reasonable assurance that the eligible State program can meet
its repayment obligation under such debt.
(3) The eligible State program enters into an agreement
with the Secretary, as the Secretary shall require, that the
eligible State program will not use Federal funds of any kind
or from any Federal source (including any disaster or other
financial assistance, loan proceeds, and any other assistance
or subsidy) to repay the debt.
(4) The commitment to guarantee shall specify and require
the payment of the fees for debt guarantee coverage.
(5) The maximum term of the debt specified in a commitment
issued under this section may not exceed 30 years.
(e) Mandatory Assistance for Eligible State Programs.--The
Secretary shall upon the request of an eligible State program and
pursuant to a commitment to guarantee issued under subsection (d),
provide a guarantee under subsection (f) for such eligible State
program in the amount requested by such eligible State program, subject
to the limitation under subsection (f)(2).
(f) Catastrophe Debt Guarantee.--A debt guarantee under this
subsection for an eligible State program shall be subject to the
following requirements:
(1) Preconditions.--The eligible State program shows to the
satisfaction of the Secretary that insured losses to the
eligible State program arising from the event or events covered
by the commitment to guarantee are likely to exceed 80 percent
of the eligible State program's qualifying assets available to
pay claims, as calculated on the date of the event and based on
the eligible State program's most recent quarterly financial
statement filed with its domiciliary regulator.
(2) Use of funds.--Proceeds of debt guaranteed under this
section shall be used only to pay the costs of issuing debt and
of securing or providing claim-payment capacity for paying the
insured losses and loss adjustment expenses incurred by an
eligible State program. Such amounts shall not be used for any
other purpose.
SEC. 6. EFFECT OF GUARANTEE.
The issuance of any guarantee by the Secretary under this Act shall
be conclusive evidence that--
(1) the guarantee has been properly obtained;
(2) the underlying debt qualified for such guarantee; and
(3) the guarantee is valid, legal, and enforceable.
SEC. 7. ASSESSMENT AT TIME OF GUARANTEE.
To extent not satisfied by the fees collected under section
5(c)(2), the Secretary shall charge and collect fees for each guarantee
issued in amounts sufficient in the judgement of the Secretary at the
time of issuance of the guarantee to cover applicable administrative
costs and probable losses on the guaranteed obligations.
SEC. 8. PAYMENT OF LOSSES.
(a) In General.--The Secretary agrees to pay to the duly appointed
paying agent or trustee (in this section referred to as the ``Fiscal
Agent'') for the eligible State program that portion of the principal
and interest on any debt guaranteed under this Act that shall become
due to payment but shall be unpaid by the eligible State program as a
result of such program having provided insufficient funds to the Fiscal
Agent to make such payments. The Secretary shall make such payments on
the date such principal or interest becomes due for payment or on the
business day next following the day on which the Secretary shall
receive notice of failure on the part of the eligible State program to
provide sufficient funds to the Fiscal Agent to make such payments,
whichever is later. Upon making such payment, the Secretary shall be
subrogated to all the rights of the ultimate recipient of the payment.
The Secretary shall be entitled to recover from the eligible State
program the amount of any payments made pursuant to any guarantee
entered into under this Act.
(b) Role of the Attorney General.--The Attorney General shall take
such action as may be appropriate to enforce any right accruing, and to
collect any and all sums owing, to the United States as a result of the
issuance of any guarantee under this Act.
(c) Rule of Construction.--Nothing in this section shall be
construed to preclude any forbearance for the benefit of the eligible
State program which may be agreed upon by the parties to the guaranteed
debt and approved by the Secretary, provided that budget authority for
any resulting cost, as such term is defined under the Federal Credit
Reform Act of 1990, is available.
(d) Right of the Secretary.--Notwithstanding any other provision of
law relating to the acquisition, handling, or disposal of property by
the United States, the Secretary shall have the right in the discretion
of the Secretary to complete, recondition, reconstruct, renovate,
repair, maintain, operate, or sell any property acquired by the
Secretary pursuant to the provisions of this Act.
SEC. 9. FULL FAITH AND CREDIT.
The full faith and credit of the United States is pledged to the
payment of all guarantees issued under this Act with respect to
principal and interest.
SEC. 10. BUDGETARY IMPACT; COSTS.
For purposes of section 502(5) of the Federal Credit Reform Act of
1990, the cost of guarantees to be issued under this Act shall be
calculated by adjusting the discount rate in section 502(5)(E) of such
Act for market risk.
SEC. 11. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
the debt-guarantee program established under this Act. | Earthquake Insurance Affordability Act - Authorizes the Secretary of the Treasury to guarantee holders of debt against loss of principal or interest, or both, on debt issued by eligible state programs designed to: (1) promote the availability of private capital to provide liquidity and capacity to state earthquake (specifically, residential property) insurance programs, and (2) expedite the payment of claims under such programs and better assist financial recovery from significant earthquakes.
Prescribes operational requirements for eligible state programs which include an established earthquake insurance program that: (1) offers residential property insurance coverage for insured losses to property, contents, and additional living expenses; and (2) does not require insurers to pool resources to provide property insurance coverage for earthquakes.
Includes among such operational requirements that the state: (1) has in effect and enforces, or the appropriate local governments within the state have in effect and enforce, nationally recognized building, seismic-design, and safety codes and consensus-based standards; and (2) has taken actions to establish an insurance rate structure that takes into account measures to mitigate insured losses.
Directs the Secretary to establish procedures for certification of an eligible state program.
Limits to $5 billion, including interest, the aggregate principal amount of outstanding debt obligations guaranteed by the Secretary.
Makes appropriations to satisfy debt guarantee commitments.
Requires the Secretary, upon request of an eligible state program, to provide such debt guarantees.
Pledges the full faith and credit of the United States to the payment of all guarantees issued under this Act. | {"src": "billsum_train", "title": "To establish a program to provide guarantees for debt issued by or on behalf of State catastrophe insurance programs to assist in the financial recovery from earthquakes, earthquake-induced landslides, volcanic eruptions, and tsunamis."} | 3,570 | 310 | 0.593625 | 2.073847 | 0.81626 | 4.687708 | 11.302326 | 0.966777 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Compacts for Regional
Economic Integration Act'' or ``M-CORE Act''.
SEC. 2. PURPOSE.
This purpose of this Act is to expand the Millennium Challenge
Corporation's ability to develop compacts with countries, particularly
in Africa, that promote regional economic integration and cross-border
collaborations.
SEC. 3. CANDIDATE COUNTRIES.
(a) Low Income Countries.--Section 606(a) of the Millennium
Challenge Act of 2003 (22 U.S.C. 7705(a)) is amended--
(1) in paragraph (1)(B), by striking ``(3)'' and inserting
``(4)'';
(2) in paragraph (2)--
(A) in the heading, by striking ``Fiscal year 2005
and subsequent fiscal years'' and inserting ``Fiscal
years 2005 through 2012''; and
(B) by striking ``fiscal year 2005 or a subsequent
fiscal year'' and inserting ``fiscal years 2005 through
2012'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) Fiscal year 2013 and subsequent fiscal years.--A
country shall be a candidate country for purposes of
eligibility for assistance for fiscal year 2013 or a subsequent
fiscal year if the country--
``(A) has a per capita income equal to or less than
the lower middle income country threshold established
by the International Bank for Reconstruction and
Development for the fiscal year;
``(B) is among the 75 countries identified by the
International Bank for Reconstruction and Development
as having the lowest per capita income; and
``(C) meets the requirements of paragraph
(1)(B).''.
(b) Lower Middle Income Countries.--Section 606(b) of the
Millennium Challenge Act of 2003 (22 U.S.C. 7705(b)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``In general'' and
inserting ``Fiscal years 2006 through 2012''; and
(B) in the matter preceding subparagraph (A), by
striking ``fiscal year 2006 or a subsequent fiscal
year'' and inserting ``fiscal years 2006 through
2012'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Fiscal year 2013 and subsequent fiscal years.--In
addition to the countries described in subsection (a), a
country shall be a candidate country for purposes of
eligibility for assistance for fiscal year 2013 or a subsequent
fiscal year if the country--
``(A) has a per capita income equal to or less than
the lower middle income country threshold established
by the International Bank for Reconstruction and
Development for the fiscal year;
``(B) is not among the 75 countries identified by
the International Bank for Reconstruction and
Development as having the lowest per capita income; and
``(C) meets the requirements of subsection
(a)(1)(B).''.
(c) Reclassification.--Section 606 of the Millennium Challenge Act
of 2003 (22 U.S.C. 7705) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Limitations on Reclassification.--
``(1) For low income countries.--If the per capita income
of a low income country that is a candidate country under
subsection (a) changes during the fiscal year for which the
country is eligible to receive assistance under this title such
that the country would be reclassified as a lower middle income
country under subsection (b), the country shall be deemed to
continue to meet the per capita income requirements under
subsection (a) for such fiscal year and the two subsequent
fiscal years.
``(2) For lower middle income countries.--If the per capita
income of a lower middle income country that is a candidate
country under subsection (b) changes during the fiscal year for
which the country is eligible to receive assistance under this
title such that the country would be reclassified as a low
income country under subsection (a), the country shall be
deemed to continue to meet the per capita income requirements
under subsection (b) for such fiscal year and the two
subsequent fiscal years.''.
SEC. 4. MILLENNIUM CHALLENGE COMPACT.
(a) Concurrent Compacts.--Section 609 of the Millennium Challenge
Act of 2003 (22 U.S.C. 7708) is amended--
(1) by striking the first sentence of subsection (k);
(2) by redesignating subsection (k) (as so amended) as
subsection (l); and
(3) by inserting after subsection (j) the following new
subsection:
``(k) Concurrent Compacts.--An eligible country that has entered
into and has in effect a Compact under this section may enter into and
have in effect at the same time not more than one additional Compact in
accordance with the requirements of this title if--
``(1) one or both of the Compacts are or will be for
purposes of regional economic integration, increased regional
trade, or cross-border collaborations; and
``(2) the Board determines that the country is making
considerable and demonstrable progress in implementing the
terms of the existing Compact and supplementary agreements
thereto.''.
(b) Applicability.--The amendments made by subsection (a) apply
with respect to Compacts entered into between the United States and an
eligible country under the Millennium Challenge Act of 2003 before, on,
or after the date of the enactment of this Act.
(c) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22
U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact''
and inserting ``any''.
SEC. 5. CONGRESSIONAL AND PUBLIC NOTIFICATION.
Section 610 of the Millennium Challenge Act of 2003 (22 U.S.C.
7709) is amended to read as follows:
``SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION.
``(a) Congressional Consultations and Notifications.--
``(1) In general.--The Board, acting through the Chief
Executive Officer, shall consult with and notify the
appropriate congressional committees not later than 15 days
prior to taking any of the actions described in paragraph (2).
``(2) Actions described.--The actions described in this
paragraph are the following:
``(A) Providing assistance for an eligible country
under section 609(g).
``(B) Commencing negotiations with an eligible
country to provide assistance for--
``(i) a Compact under section 605; or
``(ii) an agreement under section 616.
``(C) Signing such a Compact or agreement.
``(D) Terminating assistance under such a Compact
or agreement.
``(3) Additional requirement.--Any notification relating to
the intent to negotiate and intent to sign a Compact or
agreement shall include the projected economic rate of return
for each project to be funded under such a Compact or agreement
to the extent practicable and appropriate.
``(b) Congressional and Public Notification After Entering Into a
Compact.--Not later than 10 days after entering into a Compact with an
eligible country, the Board, acting through the Chief Executive
Officer, shall--
``(1) publish a copy of the text of the Compact on the
Internet website of the Corporation;
``(2) provide a detailed summary and, upon request, copy of
the text of the Compact to the appropriate congressional
committees; and
``(3) publish in the Federal Register a detailed summary
and notice of availability of the text of the Compact on the
Internet website of the Corporation.''.
SEC. 6. DISCLOSURE.
(a) Requirement for Timely Disclosure.--Section 612(a) of the
Millennium Challenge Act of 2003 (22 U.S.C. 7711(a)) is amended--
(1) in the subsection heading, by inserting ``Timely''
before ``Disclosure''; and
(2) in the matter preceding paragraph (1)--
(A) by striking ``The Corporation'' and inserting
``Not later than 90 days after the last day of each
fiscal quarter, the Corporation''; and
(B) by striking ``on at least a quarterly basis,''.
(b) Dissemination.--Section 612 of the Millennium Challenge Act of
2003 (22 U.S.C. 7711) is amended by striking (b) and inserting the
following:
``(b) Dissemination.--The Board, acting through the Chief Executive
Officer, shall make the information required to be disclosed under
subsection (a) available to the public by publishing it on the Internet
website of the Corporation, providing notice of the availability of
such information in the Federal Register, and by any other methods that
the Board determines to be appropriate.''. | Millennium Compacts for Regional Economic Integration Act or the M-CORE Act This bill amends the Millennium Challenge Act of 2003 to establish beginning with FY2013 new assistance criteria for a low-income or a lower middle income candidate country eligible to enter into a Millennium Challenge Compact with the United States. Such a country must: have a per capita income equal to or less than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year; be among the 75 countries identified by the Bank as having the lowest per capita income; and not be ineligible to receive U.S. economic assistance under part I of the Foreign Assistance Act of 1961. Reclassification limits are set forth as follows: if the per capita income of a low-income candidate country changes during the fiscal year so that it would be reclassified as a lower middle income country, it shall be deemed to continue to meet the per capita income requirements for that fiscal year and the two subsequent fiscal years; and if the per capita income of a lower middle income candidate country changes during the fiscal year so that it would be reclassified as a low-income country, it shall be deemed to continue to meet the per capita income requirements for that fiscal year and the two subsequent fiscal years. An eligible country that has entered into and has in effect a Millennium Challenge Compact may enter into and have in effect at the same time not more than one additional Compact if: one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and the country is making considerable and demonstrable progress in implementing the terms of the existing Compact. Congressional and public notification and disclosure provisions are revised. | {"src": "billsum_train", "title": "M-CORE Act"} | 2,033 | 373 | 0.676851 | 2.039504 | 0.815252 | 4.778426 | 5.379009 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Infrastructure Inventory
Act of 2018''.
SEC. 2. INVENTORY OF FEDERAL ASSETS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary shall--
(1) establish and maintain an inventory of covered assets
that includes the information provided under subsections (b)
and (c); and
(2) make such inventory available to any entity that
constructs or operates communications facilities or provides
communications service.
(b) Provision of Information by Executive Agencies.--
(1) In general.--Not later than 9 months after the date of
the enactment of this Act, the head of an Executive agency
shall provide to the Assistant Secretary, in a manner and
format to be determined by the Assistant Secretary, the
information described in paragraph (2) with respect to a
covered asset of such agency.
(2) Information described.--The information described in
this paragraph is--
(A) the location of the covered asset;
(B) the type of the covered asset, such as whether
the asset is a building (and the type of building),
land (and the type or use of the land), right-of-way,
easement, utility pole, wireless communications tower,
underground utility route, or cable on which capacity
is available for lease;
(C) contact information for an officer or employee
of the agency who may be contacted for permitting or
other information about the covered asset;
(D) whether the covered asset is historic property
(as defined in section 300308 of title 54, United
States Code); and
(E) such other information as the Assistant
Secretary considers appropriate.
(3) Provision of updated information.--
(A) Change in information.--In the case of a change
in any of the information provided to the Assistant
Secretary under paragraph (1) with respect to a covered
asset of an Executive agency, the head of such agency
shall provide updated information to the Assistant
Secretary not later than 30 days after such change.
(B) Acquisition of new covered asset.--In the case
of the acquisition of a covered asset by an Executive
agency after the date that is 9 months after the date
of the enactment of this Act, the head of such agency
shall provide to the Assistant Secretary the
information required by paragraph (1) with respect to
such asset not later than 30 days after such
acquisition.
(4) Exclusion of information for national security
reasons.--
(A) Classified information.--The head of an
Executive agency may exclude classified information
from the information provided to the Assistant
Secretary under this subsection.
(B) Other information.--If the head of an Executive
agency determines, in consultation with the Assistant
Secretary, that inclusion of information (other than
classified information) about a covered asset of such
agency in the inventory established under subsection
(a) would harm national security, the head of the
agency may exclude such information from the
information provided to the Assistant Secretary under
this subsection.
(C) Classified information defined.--In this
paragraph, the term ``classified information'' means
any information or material that has been determined by
the Federal Government pursuant to an Executive order,
statute, or regulation, to require protection against
unauthorized disclosure for reasons of national
security and any restricted data, as defined in section
11 y. of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y)).
(c) Information on State and Local Assets.--
(1) Voluntary provision of information.--A State or local
government may provide to the Assistant Secretary for inclusion
in the inventory established under subsection (a), in a manner
and format to be determined by the Assistant Secretary,
information with respect to a State or local asset that would
be a covered asset if owned, leased, or otherwise managed by an
Executive agency.
(2) Inclusion of information.--The Assistant Secretary
shall include in such inventory any information provided by a
State or local government in accordance with paragraph (1) in
the same manner as information provided by an Executive agency
under subsection (b).
(3) Provision of updated information.--In the case of a
change in any of the information provided to the Assistant
Secretary under paragraph (1) with respect to a State or local
asset, the State or local government shall provide updated
information to the Assistant Secretary not later than 30 days
after such change. If a State or local government does not
comply with the preceding sentence, the Assistant Secretary
shall deny the State or local government access to the
inventory established under subsection (a).
(d) Updating of Inventory.--After the establishment of the
inventory under subsection (a), the Assistant Secretary shall include
in the inventory information provided under subsection (b) or (c) not
later than the date that is 7 days after the Assistant Secretary
receives such information. The information with respect to each covered
asset or State or local asset in the inventory shall include the most
recent date on which such information was added or updated.
(e) Format of Location Information.--The information in the
inventory established under subsection (a) about the location of a
covered asset or State or local asset shall be in Geographic
Information System format or another format that the Assistant
Secretary considers appropriate.
(f) Information Security.--The Assistant Secretary shall adopt
measures to prevent unauthorized access to the information in the
inventory established under subsection (a).
(g) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Communications facility.--The term ``communications
facility'' includes--
(A) any wireless or wireline infrastructure for the
transmission of writing, signs, signals, data, images,
pictures, or sounds of all kinds;
(B) any transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the provision of communications
services; and
(C) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission; and
(iii) is added to a tower, building, or
other structure.
(3) Communications service.--The term ``communications
service'' means a service for the transmission of writing,
signs, signals, data, images, pictures, or sounds of all kinds.
(4) Covered asset.--The term ``covered asset'' means, with
respect to an Executive agency--
(A) any real property or interest in real property
that is owned, leased, or otherwise managed by such
agency; and
(B) any other property that is owned, leased, or
otherwise managed by such agency--
(i) on which a communications facility
could be constructed; or
(ii) that could otherwise be made available
to an entity that--
(I) constructs or operates
communications facilities for use in
connection with such construction or
operation; or
(II) provides communications
service for use in connection with such
provision.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code. | Broadband Infrastructure Inventory Act of 2018 This bill requires the Department of Commerce to establish and maintain an inventory of federal real property or federal interest in real property on which a communications facility could be constructed or that is suitable for deployment of communications facilities or services. Commerce must make the inventory available to any entity that constructs or operates communications facilities or provides communications services. | {"src": "billsum_train", "title": "Broadband Infrastructure Inventory Act of 2018"} | 1,563 | 79 | 0.503916 | 1.320718 | 0.728931 | 2.897059 | 22.676471 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``One Global Internet Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A single, open, global Internet is a vital tool for
facilitating the free and secure flow of information and
products without regard to distances or national boundaries.
(2) The goal of a single, open, global Internet is best
supported by policies that--
(A) encourage utilization on a global basis of
technology standards set by international standards-
setting organizations, including industry-led and other
voluntary bodies, and selected by the market;
(B) respect the security of information and privacy
of Internet users;
(C) respect the rights of intellectual property
owners and users and promote investment in Internet-
related innovation;
(D) refrain from compelling Internet service
providers and other intermediaries to restrict the free
flow of information on the Internet; and
(E) allow trade in Internet-related goods,
services, information, and content, in accordance with
international trade agreements.
(3) Certain governments are adopting policies contrary to
the goal of a single open, global Internet, including--
(A) mandating unique technology standards favoring
domestic producers as a condition of market access or
pursuing related policies regarding standard-setting
that are discriminatory and subvert the open, global
nature of the Internet;
(B) requiring that companies forfeit their
intellectual property in Internet-related technologies
as a condition of market access for commercial and
civilian uses or government procurement;
(C) sponsoring or tolerating the use of Internet-
related tools to gain unauthorized access to public-
sector and private-sector networks in the United States
to disrupt their operation or for the purpose of
misappropriation or infringement of intellectual
property;
(D) blocking, filtering, or otherwise restricting
Internet communications in a manner that discriminates
against Internet-based services and content originating
in other countries; and
(E) imposing market access requirements or
liabilities that discriminate against or otherwise
impede Internet-related goods, services and content
from other countries.
(4) Such actions threaten the interests of the United
States by--
(A) facilitating attempts by foreign governments to
restrict or disrupt the free flow of information on the
Internet;
(B) promoting ``national Internets'' in conflict
with the underlying rationale and architecture of the
Internet as originally envisioned and constructed,
thereby compromising the Internet's full functionality
and promise;
(C) harming United States workers and businesses,
undermining a strong United States industrial base, and
putting foreign competitors at an advantage; and
(D) putting at risk the utility of the Internet as
a tool of open communication, assembly, and commerce,
and the individuals who seek to use it for such
purposes.
SEC. 3. TASK FORCE ON THE GLOBAL INTERNET.
(a) Establishment.--
(1) In general.--There is established within the executive
branch a Task Force on the Global Internet (in this Act
referred to as the ``Task Force'').
(2) Chairperson.--The President shall select from among the
members of the Task Force under subsection (b) an individual to
serve as Chairperson.
(b) Composition.--The Task Force shall consist of the United States
Trade Representative, the Secretary of State, the Chief Technology
Officer, the Secretary of Commerce, the Assistant Secretary for
Communications and Information of the National Telecommunications and
Information Administration, the Secretary of Defense, the Attorney
General, the Director of the National Institute of Standards and
Technology, the White House Cybersecurity Coordinator, and the heads of
other executive branch departments and agencies, as appropriate, acting
through their respective designees. The head of any such department or
agency may detail such personnel and may furnish such services, with or
without reimbursement, as the Task Force may request to assist in
carrying out its functions.
(c) Functions.--In addition to such other responsibilities the
President may assign, the Task Force shall--
(1) develop and implement strategies in response to foreign
government policies that unjustifiably or unreasonably burden
or restrict international trade in Internet-related goods,
services, and content, mandate or otherwise preference
Internet-related technology standards and related measures,
impede the free flow of information on the Internet, or
otherwise threaten the interests of the United States in
Internet-related international trade and the open, global
nature of the Internet;
(2) coordinate the activity of all executive branch
departments and agencies as necessary to implement the
strategies developed in accordance with paragraph (1); and
(3) prepare a report and action plan in accordance with
section 4.
SEC. 4. REPORT AND ACTION PLAN TO CONGRESS.
(a) In General.--Not later than six months after the date of the
enactment of this Act and annually thereafter, the Task Force shall
transmit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report and
action plan that--
(1) identifies acts, policies, or practices of a foreign
government and related measures that--
(A) deny fair and equitable market access to or
otherwise unjustifiably or unreasonably burden or
restrict trade in Internet-related goods, services, and
content;
(B) mandate, give preference to, or promote
Internet-related technology standards that diverge from
widely adopted international standards, or otherwise
lead to the adoption of discriminatory or trade-
restrictive technology standards or conformity
assessment procedures;
(C) require the forfeiture of intellectual property
of Internet-related technologies as a condition for
market access; or
(D) otherwise threaten the interests of the United
States in the technical operation, security, and free
flow of global Internet communications;
(2) estimates the trade-distorting impact of measures
identified under paragraph (1) on United States commerce and
the functioning of the Internet;
(3) designates which measures identified under paragraph
(1) are priority concerns;
(4) sets forth a strategy and actions to be taken by
executive branch departments and agencies in response to
measures identified under paragraph (1); and
(5) provides information with respect to any action taken
(or the reasons if no action is taken) in response to any such
measures identified in prior years' reports, including such
actions as are required under section 5.
(b) Form of Reports.--The reports and action plans required under
subsection (a) may contain a classified annex if the Task Force
determines that such is appropriate.
(c) Coordination and Notice.--In preparing each annual report and
action plan required under subsection (a), the Task Force shall--
(1) seek public participation by publishing notice in the
Federal Register and holding a public hearing;
(2) consult and coordinate with all relevant executive
branch departments and agencies; and
(3) take into account information from such sources as may
be available to the United States Trade Representative and such
information as may be submitted to the Trade Representative by
interested persons, including information contained in reports
submitted under section 181 of the Trade Act of 1974 (19 U.S.C.
2241 (b)) and petitions submitted under section 302 of such Act
(19 U.S.C. 2412).
(d) Publication.--The Task Force shall publish in the Federal
Register the report and action plan transmitted to Congress under
subsection (a), but shall omit information transmitted to Congress
under subsection (b).
SEC. 5. SECTION 301 INVESTIGATION AND POTENTIAL SANCTIONS.
Not later than 30 days after the transmission of each annual report
and action plan required under section 4, the United States Trade
Representative shall, in accordance with the requirements of sections
301-304 of the Trade Act of 1974 (19 U.S.C. 2411-2414), initiate an
investigation, make any determinations required, and take any actions
specified under such sections with respect to any acts, policies, or
practices of a foreign government that are identified in each such
annual report and action plan as priority concerns, including
restrictions on sale in the United States of products developed and
manufactured in countries implementing such acts, policies, or
practices.
SEC. 6. REVIEW AND INVESTIGATION BY FEDERAL TRADE COMMISSION AND
DEPARTMENT OF JUSTICE.
(a) Review and Investigation.--The Federal Trade Commission and the
Attorney General shall--
(1) review each act, policy, or practice described in
paragraph (1) of section 4(a) that is contained in a report or
an action plan transmitted under such section to Congress; and
(2) investigate whether such act, policy, or practice (or
any related action by a nongovernmental entity) violates any of
the antitrust laws.
(b) Definition.--For purposes of this section, the term ``antitrust
laws'' has the meaning given it in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term includes
section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of competition.
SEC. 7. REPORT TO CONGRESS ON INTERNATIONAL TRADE AGREEMENTS.
(a) Report.--Not later than two years after the date of the
enactment of this Act, the Task Force shall submit to Congress a report
that--
(1) assesses the sufficiency of existing multilateral and
bilateral trade agreements in--
(A) promoting international trade in Internet-
related goods, services, and content;
(B) encouraging the utilization on a global basis
of technology standards set by international standard-
setting organizations;
(C) protecting the security and functioning of the
Internet; and
(D) facilitating the free flow of information on
the Internet; and
(2) recommends, as appropriate, modifications of existing
agreements or the negotiation of new agreements to advance the
objectives identified in paragraph (1).
(b) Sense of Congress.--It is the sense of Congress that the
negotiating objectives of the United States for future bilateral and
multilateral trade agreements should include the goals specified in
subsection (a)(1).
SEC. 8. STANDARDS-RELATED TRAINING.
The Task Force shall coordinate with intergovernmental, national
government, and private sector entities, including the National
Institute of Standards and Technology, the Patent and Trademark Office,
the Trade and Development Agency, the United States Telecommunications
Training Institute, the Department of Justice, the Federal Trade
Commission, and any other appropriate entities, for the purpose of
organizing training of foreign government officials and national
standard-setting and conformity assessment bodies with respect to best
practices, including coordination with nongovernmental international
standards bodies, in accordance with the annual report and action plan
required under Section 4.
SEC. 9. OUTSIDE CONSULTATION.
The Task Force shall establish a regularized process to receive
timely input from businesses, organizations, experts, and other
interested parties regarding the fulfillment of its functions. | One Global Internet Act of 2010 - Establishes a Task Force on the Global Internet.
Requires the Task Force to implement strategies in response to foreign government policies that unjustifiably or unreasonably burden or restrict international trade in Internet-related goods, services, and content, mandate or otherwise preference Internet-related technology standards and related measures, impede the free flow of information on the Internet, or otherwise threaten U.S. interests in Internet-related international trade and the open, global nature of the Internet.
Requires the Task Force to transmit to Congress specified annual reports and action plans and to hold a public hearing in the preparation of each report and plan.
Instructs the U.S. Trade Representative to initiate an investigation of any acts, policies, or practices of a foreign government that are identified in such reports and plans as priority concerns in accordance with specified provisions of the Trade Act of 1974.
Directs the Federal Trade Commission (FTC) and the Attorney General to investigate whether each act, policy, or practice identified in such a report or plan (or any related action by a nongovernmental entity) violates any antitrust laws.
Requires the Task Force to report to Congress on the sufficiency of existing multilateral and bilateral trade agreements in advancing specified objectives that support the goal of a single open, global Internet.
Instructs the Task Force to organize specified standards related training. | {"src": "billsum_train", "title": "To combat trade barriers that threaten the maintenance of a single, open, global Internet, that mandate unique technology standards as a condition of market access and related measures, and to promote the free flow of information."} | 2,314 | 302 | 0.530495 | 1.697324 | 0.831048 | 4.931034 | 8.632184 | 0.938697 |
SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR BUILDINGS, FACILITIES,
AND PROPERTIES IN THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) In General.--The National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd et seq.) is amended by--
(1) striking section 6 (relating to amendments to other
laws, which have executed);
(2) redesignating section 5 (16 U.S.C. 668ee) as section 6;
and
(3) inserting after section 4 the following:
``SEC. 5. CONCESSION CONTRACTS.
``(a) Contract Requirement.--(1) The Secretary shall not authorize
a person to use any land or water in the System for any activity
described in subsection (b), except under a contract that complies with
the requirements established under subsection (c).
``(2) The Secretary may not award a contract required under this
subsection except under a competitive bidding process.
``(3) This subsection does not apply with respect to any
administrative site, visitors facility, or revenue producing visitor
service mandated or authorized pursuant to section 1306 or 1307 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3196, 3197).
``(b) Covered Concession Activities.--(1) The activity referred to
in subsection (a) is any commercial activity conducted to provide
accommodations, facilities, or services to members of the public who
are visiting lands or waters in the System, for the purpose of
providing such visitors recreational, educational, or interpretive
enjoyment of lands or waters in the System.
``(2) Such activity does not include--
``(A) any activity carried out under a procurement
contract, grant agreement, memorandum of understanding, or
cooperative agreements;
``(B) the performance of volunteer services;
``(C) any activity by a governmental entity;
``(D) the operation of a bookstore in a refuge facility by
a national wildlife refuge Friends organization; and
``(E) the performance of any guide or outfitter services
authorized by any permit or other authorization issued by the
Secretary, including services related to fishing, hunting,
boating, sightseeing, hiking, or camping, except that this
subparagraph does not include the construction, maintenance, or
occupancy of significant structures or facilities.
``(c) Standardized Contract.--(1) The Secretary, acting through the
Director, shall issue regulations that implement this section.
``(2) Regulations under this subsection shall authorize a contract
to use a provision other than those specified, by the Secretary as part
of a standardized contract only if--
``(A) the provision addresses extenuating circumstances
that are specific to a refuge or the contract; and
``(B) the provision is approved by the Secretary in
writing.
``(3) The Secretary shall require in each contract provisions that
require that any activity conducted in the System under the contract--
``(A) must be a compatible use; and
``(B) must be designed to--
``(i) conserve the natural and cultural resources
of the System;
``(ii) facilitate the enjoyment of the lands and
waters of the System by visitors to the System; and
``(iii) enhance such visitors' knowledge of the
natural resources of the System.
``(d) Maintenance and Repair.--(1) Notwithstanding any other
provision of law, the Secretary shall include, in each contract that
authorizes a person to use any land or water in the System for any
activity described in subsection (b), provisions that--
``(A) authorize the person to maintain or repair any
improvement on or in such land or water that the person is
authorized to use for such activity; and
``(B) treat costs incurred by the person for such
maintenance or repair as consideration otherwise required to be
paid to the United States for such use.
``(2) This subsection does not authorize any maintenance or repair
that is not directly related to an activity described in subsection (b)
that is authorized by the contract.
``(3) The United States shall retain title to all real property
that is maintained or repaired under this subsection.
``(e) No Compensable Interest.--Nothing in this Act shall be
considered to convey to any person any right to compensation for--
``(1) the value of any maintenance activities, repairs,
construction, or improvements on or in land or water in the
System; or
``(2) buildings, facilities, fixtures, and non-movable
equipment that the person is authorized to use under this Act.
``(f) Expenditure of Fees and Other Payments.--(1) Amounts received
by the United States as fees or other payments required under any
agreement, lease, permit, or contract for use of real property located
in an area in the System, other than lands withdrawn for Native
selection pusuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.) shall be available to the Secretary for expenditure in
accordance with this subsection, without further appropriation.
``(2) Amounts available for expenditure under this subsection may
only be used--
``(A) at the refuge or refuge complex with respect to which
the amounts were received as fees or other payments;
``(B) to increase the quality of the visitor experience;
and
``(C) for purposes of--
``(i) backlogged repair and maintenance projects
(including projects relating to health and safety);
``(ii) interpretation, signage, habitat, or
facility enhancement; or
``(iii) administration of agreements, leases,
permits, and contracts from which such amounts are
derived.
``(3) Paragraph (1) shall not affect the application of the Act of
June 15, 1935 (chapter 261; 16 U.S.C. 715s), commonly referred to as
the Refuge Revenue Sharing Act, to amounts referred to in paragraph (1)
that are not expended by the Secretary under paragraph (1).''.
(b) Application.--Section 5(a) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section, shall
apply only with respect to a concession that is--
(1) first awarded after the date of the publication of
regulations under section 5(c) of the National Wildlife Refuge
System Administration Act of 1966, as amended by this section;
or
(2) renewed after the end of the 3-year period beginning on
the date of the enactment of this Act.
(c) Deadline for Regulations Establishing Program Requirements.--
The Secretary of the Interior shall issue regulations under section
5(c) of the National Wildlife Refuge System Administration Act of 1966,
as amended by this section, by not later than 18 months after the date
of the enactment of this Act.
(d) Comprehensive Conservation Plan Requirement.--Section 4(e) of
the National Wildlife Refuge System Administration Act of 1966 (16
U.S.C. 668dd) is amended by adding at the end the following:
``(5) The Secretary shall include, in the comprehensive
conservation plan for each refuge under this subsection, a description
of the activities that may be conducted in the refuge, and the lands,
waters, and facilities of the refuge that may be used, under concession
contracts awarded under section 5(a).''.
(e) Prior Amendments Not Affected.--Nothing in this section shall
be construed to affect any amendment made by section 6 of the National
Wildlife Refuge System Administration Act of 1966, as in effect before
the enactment of this Act, or any provision of law amended by such
section.
SEC. 2. ANNUAL REPORT ON NATIONAL WILDLIFE REFUGE CONCESSIONS.
(a) Reporting Requirement.--The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) is further amended
by amending section 7 (relating to amendments to another law, which
have executed) to read as follows:
``SEC. 7. ANNUAL REPORT ON CONCESSION ACTIVITIES IN THE SYSTEM.
``(a) In General.--The Secretary shall submit by December 31 each
year, to the Committee on Resources of the House of Representatives and
the Committee on Environment and Public Works of the Senate, a report
on concessions activities conducted in the System.
``(b) Contents.--Each report under this section shall describe the
following with respect to the period covered by the report:
``(1) The number of refuge units in which concessions
activities were conducted.
``(2) The names and descriptions of services offered in the
System by each concessionaire.
``(3) A listing of the different types of legal
arrangements under which concessionaires operated in the
System, including contracts, memoranda of understanding,
permits, letters of agreement, and other arrangements.
``(4) Amounts of fees or other payments received by the
United States with respect to such activities from each
concessionaire, and the portion of such funds expended for
purposes under this Act.
``(5) An accounting of the amount of monies deposited into
the fund established by section 401 of the Act of June 15, 1935
(chapter 261; 16 U.S.C. 715s), popularly known as the refuge
revenue sharing fund, and of the balance remaining in the fund
at the end of the reporting period.
``(6) A listing of all concession contracts and other
arrangements that were terminated or not renewed within the
reporting period.
``(7) A summary of all improvements in visitor services in
the System that were completed by concessionaires and
volunteers during the reporting period.
``(8) A summary of all backlogged repair and maintenance,
facility enhancement, and resource preservation projects
completed by concessionaires and volunteers during the
reporting period.''.
(b) Deadline for First Report.--The Secretary of the Interior shall
submit the first report under the amendment made by subsection (a) by
not later than 1 year after the date of the enactment of this Act.
Passed the House of Representatives November 18, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from authorizing a person to use any land or water in the National Wildlife Refuge System for any commercial activity conducted to provide accommodations, facilities, or services for visitors' recreational, educational, or interpretive enjoyment of System lands or waters, except under a standardized concession contract established pursuant to this Act. Excludes certain activities from coverage of such requirement, including volunteer and government activities and the operation of a bookstore in a refuge facility by a national wildlife refuge Friends organization, as well as performance of any authorized guide or outfitter services.
Exempts from such standardized contract requirement administrative sites, visitor facilities, and revenue producing visitor services mandated or authorized pursuant to the Alaska National Interest Lands Conservation Act.
Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to issue regulations that authorize a contract to use a provision other than those specified by the Secretary as part of a standardized contract, subject to certain conditions. Directs the Secretary to require in each contract provisions requiring any activity conducted in the System under the contract to be: (1) a compatible use; and (2) designed to conserve the System's natural and cultural resources, facilitate the enjoyment of System lands and waters, and enhance visitors' knowledge of the natural resources. Requires the Secretary to include in any such contract provisions that: (1) authorize the person to maintain or repair any improvement on or in such land or water that the person is authorized to use; and (2) treat costs incurred by the person for such maintenance or repair as consideration otherwise required to be paid to the United States for such use. Makes available to the Secretary for specified expenditures any amounts received by the United States as fees or other payments required under any contract for use of real property located in an area of the System, other than lands withdrawn for Native selection pursuant to the Alaska Native Claims Settlement Act. Directs the Secretary to: (1) include in the comprehensive conservation plan for each refuge a description of the activities that may be conducted in the refuge and the lands, water, and facilities of the refuge that may be used under concession contracts; and (2) report by December 31 each year to specified congressional committees on concessions activities in the System. | {"src": "billsum_train", "title": "To amend the National Wildlife Refuge System Administration Act of 1966 to establish requirements for the award of concessions in the National Wildlife Refuge System, to provide for maintenance and repair of properties located in the System by concessionaires authorized to use such properties, and for other purposes."} | 2,227 | 484 | 0.709153 | 2.464155 | 0.955573 | 4.849224 | 4.636364 | 0.94235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Full Employment Federal Reserve
Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In recent decades, the economy has stopped working for
working families in the United States.
(2) Despite significant gains in workers' productivity and
gross domestic product over the past 30 years, workers have
seen their wages stagnate and sometimes fall.
(3) The benefits of the powerful economy of the United
States have gone almost entirely to the richest people in
society, which has created a growing gap between the wealthy
and the rest of our country.
(4) Such widening disparities are unhealthy for our
democracy and unhealthy for the broad swath of working families
who are unable to afford to pay their rent or buy a home, save
for their children's higher education, or afford the basic
necessities to live a dignified and full life.
(5) One major factor contributing to this growing economic
crisis has been the lack of full employment in the economy of
the United States.
(6) Too many workers struggle to find jobs, and the jobs
that are available often do not pay a good wage.
(7) In the absence of a tight labor market and genuine full
employment, workers are at the mercy of their employers and
cannot ask for raises or leave for better job opportunities.
(8) As a result of workers' decreased bargaining power,
corporate profits and executive compensation have accounted for
an increasingly large share of gross domestic product, leaving
the large majority of workers in the United States behind.
(9) Since 1980, the economy of the United States has had an
excessively high level of unemployment 70 percent of the time,
according to the Congressional Budget Office's official
estimate of full employment (that is, the nonaccelerating
inflation rate of unemployment, or ``NAIRU'').
(10) This contrasts with the 1949-1979 era, when the
economy of the United States was functioning below full
employment only 31 percent of the time.
(11) This persistently weak labor market has had tremendous
consequences not only for the unemployed and underemployed, but
also for employed workers who have been unable to negotiate for
higher wages and better working conditions, including the
following examples:
(A) Since 1979, although economy-wide productivity
has grown by 64.3 percent, women's median wages have
risen by only 20.6 percent and men's median wages have
actually fallen by 8.9 percent, and the statistics for
Black and Hispanic workers are even worse than for
White workers.
(B) Workers' share of corporate income has shrunk
significantly, from 82.3 percent during the full
employment economy of 2000 to 75.5 percent today, a
decline that means that workers will earn $535 billion
less this year than they would have had the share
remained stable, or approximately $3,770 per worker
this year.
(C) Between 2002 and 2014, inflation-adjusted
hourly wages for the bottom seven deciles (that is, 70
percent of the workforce of the United States) fell,
showing that wage stagnation is not limited to low-
income families.
(D) Even highly educated workers are not thriving
in this economy; wages for college-educated and
advanced-degree workers fell in 2013 and 2014, a time
of economic growth for the economy at large.
(12) Congress has mandated that the Board of Governors of
the Federal Reserve System pursue a dual mandate of ``maximum
employment'' and ``stable prices'', which the Board of
Governors has interpreted to mean full employment that is
consistent with an inflation rate of 2 percent.
(13) Since the Great Recession, the economy of the United
States has consistently had an unemployment rate higher than
the Board of Governors of the Federal Reserve System's NAIRU
and an inflation rate below the 2-percent target; consistently
missing both targets has caused untold harm to hundreds of
millions of people.
(14) Today's headline unemployment rate understates the
continued weakness of the economy of the United States,
including the following examples:
(A) Long-term unemployment is elevated.
(B) Involuntary part-time employment remains very
high, indicating a large pool of workers who would
prefer to be given more hours.
(C) The portion of prime-age adults who are in the
labor force remains depressed, because so many millions
of people have given up looking for work.
(15) Although there is no empirical evidence that an
inflation rate of 3 or 4 percent would be harmful, or would be
difficult to maintain at a stable rate, many observers believe
that the Board of Governors of the Federal Reserve System
actually treats its 2-percent inflation target as a ceiling.
(16) Over recent decades and even today, refusal by the
Board of Governors of the Federal Reserve System to tolerate
any inflation means that it has consistently raised interest
rates prematurely during recoveries, preventing the economy
from reaching full employment.
(17) Inflation remains below the already conservative 2-
percent target of the Board of Governors of the Federal Reserve
System and shows no signs of accelerating uncontrollably.
(18) During the late 1990s, the economy of the United
States began to reach genuine full employment, with an
unemployment rate of below 4 percent, which had tremendous
benefits for the vast majority of people, including--
(A) higher wages for everyone, including those at
the bottom of the income ladder;
(B) robust wage gains for African-Americans and
Hispanics, which shrank the tremendous racial
disparities in pay and wealth; and
(C) a large Federal budget surplus (and State
budget surpluses), which meant money was available for
key services like education, health care, and
infrastructure investment.
(19) One key reason that the economy approached full
employment was that the Board of Governors of the Federal
Reserve System resisted pressures to raise interest rates and
let the unemployment rate continue to fall.
(20) Achieving genuine full employment should be the
foremost economic priority of the United States, and all
branches of the Federal Government should use their full power
to accomplish this goal.
SEC. 3. MODIFICATION TO THE GOALS OF THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM AND THE FEDERAL OPEN MARKET
COMMITTEE.
Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended--
(1) by inserting ``(defined as an economy with an
unemployment rate of not more than 4 percent and that generally
includes a labor market in which median wages are rising with
worker productivity, job seekers can find work, and involuntary
part-time work is at a minimum)'' after ``maximum employment'';
and
(2) by striking ``stable prices'' and inserting ``a stable
rate of inflation''. | The Full Employment Federal Reserve Act of 2015 This bill amends the Federal Reserve Act with respect to the duty of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee (FOMC) to promote maximum employment and stable prices. The bill defines "maximum employment" as an economy with an unemployment rate of at most 4% that generally includes a labor market in which median wages are rising with worker productivity, job seekers can find work, and involuntary part-time work is at a minimum. The Board and the FOMC are also directed to promote a stable rate of inflation (instead of stable prices) as part of long run growth. | {"src": "billsum_train", "title": "Full Employment Federal Reserve Act of 2015"} | 1,459 | 146 | 0.355886 | 1.175076 | 0.63518 | 4.476563 | 11.203125 | 0.851563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do-Not-Text Act of 2008''.
SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF
MOBILE SERVICE COMMERCIAL MESSAGE.
(a) In General.--Section 14(d) of the CAN-SPAM Act of 2003 (15
U.S.C. 7712(d)) is amended to read as follows:
``(d) Mobile Service Commercial Message Defined.--In this section,
the term `mobile service commercial message'--
``(1) means a commercial electronic mail message that is
transmitted directly to a wireless device that is utilized by a
subscriber of commercial mobile service (as such term is
defined in section 332(d) of the Communications Act of 1934 (47
U.S.C. 332(d))) in connection with such service; and
``(2) does not include any such commercial electronic mail
message, if the primary purpose of such message is to--
``(A) facilitate, complete, or confirm a commercial
transaction that the recipient of such message has
previously agreed to enter into with the sender of such
message;
``(B) provide warranty information, product recall
information, or safety or security information with
respect to a commercial product or service used or
purchased by the recipient of such message;
``(C) provide, with respect to a subscription,
membership, account, loan, or comparable ongoing
commercial relationship involving the ongoing purchase
or use by the recipient of such message of products or
services offered by the sender of such message--
``(i) notice concerning a change in the
terms or features of such subscription,
membership, account, loan, or comparable
ongoing commercial relationship;
``(ii) notice of a change in the standing
or status of the recipient with respect to such
subscription, membership, account, loan, or
comparable ongoing commercial relationship; or
``(iii) at regular periodic intervals,
account balance information or other types of
account statements with respect to such
subscription, membership, account, loan, or
comparable ongoing commercial relationship;
``(D) provide information directly related to an
employment relationship or related benefit plan in
which the recipient of such message is currently
involved, participating, or enrolled; or
``(E) deliver goods or services, including product
updates or upgrades, that the recipient of such message
is entitled to receive under the terms of a transaction
that the recipient has previously agreed to enter into
with the sender of such message.''.
(b) Rule of Construction.--Section 14 of the CAN-SPAM Act of 2003
(15 U.S.C. 7712) is amended by adding at the end the following:
``(e) Rule of Construction Regarding Short Messaging Services and
Mobile Service Commercial Messages.--This provisions of this section
shall not prohibit--
``(1) the sending of phone-to-phone short messages; and
``(2) the sending of mobile service commercial messages by
a provider of commercial mobile service (as such term is
defined in section 332(d) of the Communications Act of 1934) to
its subscribers at no cost to its subscribers unless a
subscriber has expressed his or her desire not to receive such
messages from the provider.''.
SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES
CONTAINING UNSOLICITED ADVERTISEMENTS.
(a) Prohibition.--Section 227(b)(1) of the Communications Act of
1934 (47 U.S.C. 227(b)(1)) is amended--
(1) in subparagraph (C)(iii), by striking ``; or'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(E) to send a mobile service commercial message
to any person who has not provided express prior
authorization for the receipt of such message to the
sender of such message.''.
(b) Definitions.--Section 227(a) of the Communications Act of 1934
(47 U.S.C. 227(a)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) The term `mobile service commercial message' has the
same meaning given such term in section 14(d) of the CAN-SPAM
Act of 2003 (15 U.S.C. 7712(d)).''.
(c) Rule of Construction.--Section 227(d) of the Communications Act
of 1934 (47 U.S.C. 227(d)) is amended by adding at the end the
following:
``(4) Rule of construction regarding short messaging
services and mobile service commercial messages.--The
prohibition prescribed under subsection (b)(1)(E) shall not
prohibit--
``(A) the sending of phone-to-phone short messages;
and
``(B) the sending of mobile service commercial
messages by a provider of commercial mobile service (as
such term is defined in section 332(d)) to its
subscribers at no cost to its subscribers unless a
subscriber has expressed his or her desire not to
receive such messages from the provider.''.
SEC. 4. MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED
ADVERTISEMENTS SENT TO CELLULAR TELEPHONES EXPLICITLY
PROHIBITED.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission shall revise the
do-not-call registry provisions of the Telemarketing Sales Rule (16
C.F.R. 310.4(b)(1)(iii))--
(1) to consider commercial mobile service messaging
practices that are costly or a nuisance to consumers; and
(2) to explicitly prohibit, as an abusive telemarketing act
or practice, the sending of any mobile service commercial
message to a telephone number that is--
(A) assigned to a commercial mobile service; and
(B) listed on the do-not-call registry.
(b) Definitions.--As used in this section--
(1) the term ``mobile service commercial message'' has the
same meaning given such term in section 14(d) of the CAN-SPAM
Act of 2003 (15 U.S.C. 7712(d)); and
(2) the term ``commercial mobile service'' has the same
meaning given such term in section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)). | Do-Not-Text Act of 2008 - Amends the CAN-SPAM Act of 2003 to exclude from the definition of "mobile service commercial message" a commercial e-mail if the message's primary purpose is to: (1) facilitate, complete, or confirm a transaction between the message recipient and the sender; (2) provide warranty, recall, safety, or security information regarding the recipient's product or service; (3) provide notice of a change in terms or conditions, a change in the status of the recipient, or account statements regarding a subscription, membership, account, loan, or comparable ongoing commercial relationship; (4) provide information regarding an employment relationship or benefit plan in which the recipient is involved; or (5) deliver goods or services, including updates or upgrades, that the recipient is entitled to receive.
Declares that provisions relating to the application of the Act to wireless do not prohibit: (1) phone-to-phone short messages; and (2) the sending of mobile service commercial messages by a mobile service provider to its subscribers at no cost to its subscribers unless a subscriber has expressed a desire not to receive such messages.
Amends the Communications Act of 1934 to require express prior authorization to send a mobile service commercial message to any person in the United States. | {"src": "billsum_train", "title": "A bill to prohibit text message spam."} | 1,526 | 272 | 0.711208 | 2.214417 | 0.863093 | 4.112403 | 5.069767 | 0.94186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tire Efficiency, Safety, and
Registration Act of 2015'' or the ``TESR Act''.
SEC. 2. TIRE FUEL EFFICIENCY MINIMUM PERFORMANCE STANDARDS.
Section 32304A of title 49, United States Code, is amended--
(1) in the section heading, by inserting ``and standards''
after ``consumer tire information'';
(2) in subsection (a)--
(A) in the heading, by striking ``Rulemaking'' and
inserting ``Consumer Tire Information''; and
(B) in paragraph (1), by inserting ``(referred to
in this section as the `Secretary')'' after ``Secretary
of Transportation'';
(3) by redesignating subsections (b) through (e) as
subsections (e) though (h), respectively; and
(4) by inserting after subsection (a) the following:
``(b) Promulgation of Regulations for Tire Fuel Efficiency Minimum
Performance Standards.--
``(1) In general.--The Secretary, after consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, shall promulgate regulations
for tire fuel efficiency minimum performance standards for--
``(A) passenger car tires with a maximum speed
capability equal to or less than 149 miles per hour or
240 kilometers per hour; and
``(B) passenger car tires with a maximum speed
capability greater than 149 miles per hour or 240
kilometers per hour.
``(2) Tire fuel efficiency minimum performance standards.--
``(A) Standard basis and test procedures.--The
minimum performance standards promulgated under
paragraph (1) shall be expressed in terms of the
rolling resistance coefficient measured using the test
procedure specified in section 575.106 of title 49,
Code of Federal Regulations (as in effect on the date
of enactment of this Act).
``(B) No disparate effect on high performance
tires.--The Secretary shall ensure that the minimum
performance standards promulgated under paragraph (1)
will not have a disproportionate effect on passenger
car high performance tires with a maximum speed
capability greater than 149 miles per hour or 240
kilometers per hour.
``(C) Applicability.--
``(i) In general.--This subsection applies
to new pneumatic tires for use on passenger
cars.
``(ii) Exceptions.--This subsection does
not apply to light truck tires, deep tread
tires, winter-type snow tires, space-saver or
temporary use spare tires, or tires with
nominal rim diameters of 12 inches or less.
``(c) Promulgation of Regulations for Tire Wet Traction Minimum
Performance Standards.--
``(1) In general.--The Secretary shall promulgate
regulations for tire wet traction minimum performance standards
to ensure that passenger tire wet traction capability is not
reduced to achieve improved tire fuel efficiency.
``(2) Tire wet traction minimum performance standards.--
``(A) Basis of standard.--The minimum performance
standards promulgated under paragraph (1) shall be
expressed in terms of peak coefficient of friction.
``(B) Test procedures.--Any test procedure
promulgated under this subsection shall be consistent
with any test procedure promulgated under subsection
(a).
``(C) Benchmarking.--The Secretary shall conduct
testing to benchmark the wet traction performance of
tire models available for sale in the United States as
of the date of enactment of this Act to ensure that the
minimum performance standards promulgated under
paragraph (1) are tailored to--
``(i) tires sold in the United States; and
``(ii) the needs of consumers in the United
States.
``(D) Applicability.--
``(i) In general.--This subsection applies
to new pneumatic tires for use on passenger
cars.
``(ii) Exceptions.--This subsection does
not apply to light truck tires, deep tread
tires, winter-type snow tires, space-saver or
temporary use spare tires, or tires with
nominal rim diameters of 12 inches or less.
``(d) Coordination Among Regulations.--
``(1) Compatibility.--The Secretary shall ensure that the
test procedures and requirements promulgated under subsections
(a), (b), and (c) are compatible and consistent.
``(2) Combined effect of rules.--The Secretary shall
evaluate the regulations promulgated under subsections (b) and
(c) to ensure that compliance with the minimum performance
standards promulgated under subsection (b) will not diminish
wet traction performance of affected tires.
``(3) Rulemaking deadlines.--The Secretary shall promulgate
--
``(A) the regulations under subsections (b) and (c)
not later than 24 months after the date of enactment of
this Act; and
``(B) the regulations under subsection (c) not
later than the date of promulgation of the regulations
under subsection (b).''.
SEC. 3. TIRE REGISTRATION BY INDEPENDENT SELLERS.
Section 30117(b) of title 49, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) Rulemaking.--
``(A) In general.--The Secretary shall initiate a
rulemaking to require a distributor or dealer of tires
that is not owned or controlled by a manufacturer of
tires to maintain records of--
``(i) the name and address of tire
purchasers and lessors and information
identifying the tire that was purchased or
leased; and
``(ii) any additional records the Secretary
considers appropriate.
``(B) Electronic transmission.--The rulemaking
carried out under subparagraph (A) shall require a
distributor or dealer of tires that is not owned or
controlled by a manufacturer of tires to electronically
transmit the records described in clauses (i) and (ii)
of subparagraph (A) to the manufacturer of the tires or
the designee of the manufacturer by secure means at no
cost to tire purchasers or lessors.
``(C) Satisfaction of requirements.--A regulation
promulgated under subparagraph (A) may be considered to
satisfy the requirements of paragraph (2)(B).''.
SEC. 4. TIRE RECALL DATABASE.
(a) In General.--The Secretary of Transportation shall establish a
publicly available and searchable electronic database of tire recall
information that is reported to the Administrator of the National
Highway Traffic Safety Administration.
(b) Tire Identification Number.--The database established under
subsection (a) shall be searchable by Tire Identification Number (TIN)
and any other criteria that assists consumers in determining whether a
tire is subject to a recall. | Tire Efficiency, Safety, and Registration Act of 2015 or the TESR Act This bill requires the Department of Transportation (DOT) to establish tire fuel efficiency minimum performance standards, tire registration requirements, and a tire recall database. DOT must establish: tire fuel efficiency minimum performance standards for passenger car tires that meet specified requirements, and tire wet traction minimum performance standards to ensure that passenger tire wet traction capability is not reduced to achieve improved tire fuel efficiency. DOT must require tire distributors or dealers that are not owned or controlled by a tire manufacturer to maintain records that include the names and addresses of customers and the tires that are leased or purchased. The distributors or dealers must electronically transmit the records to the tire manufacturers at no cost to the customers. DOT must also establish a publicly available and searchable electronic database of tire recall information that is reported to the National Highway Traffic Safety Administration. The database must be searchable by Tire Identification Number and any other criteria that assist consumers in determining whether a tire is subject to a recall. | {"src": "billsum_train", "title": "TESR Act"} | 1,524 | 218 | 0.529945 | 1.459153 | 0.721178 | 3.793103 | 6.674877 | 0.847291 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims Insurance Act''.
SEC. 2. STATUS OF POLICIES.
(a) Report.--Any person engaged in the business of insurance in the
United States directly or through a related company during the period
1920 to 1945 shall, within 90 days of the enactment of this Act, report
to the Secretary of the Commerce on--
(1) the number of insurance policies issued during such
period;
(2) the holder, beneficiary, and current status of those
policies;
(3) the attempts made by such person to locate the
beneficiaries of such policies for which no claim of benefits
has been made;
(4) a comparison of the names of the holders and
beneficiaries of such policies and the names of the victims of
the Holocaust;
(5) the reason such person is unable, after reasonable and
good faith efforts, to provide information described in
paragraphs (1) through (4); and
(6) any money contributed to a fund established to
compensate victims of the Holocaust as discussed in section
3(b) of this Act.
(b) Penalty.--Any person who does not file a report as required by
subsection (a) shall be subject to a civil penalty of $1,000 for each
day such a report is not filed as required.
(c) Transmission of Report.--The Secretary of Commerce shall
immediately upon receipt transmit the report required by subsection (a)
to the Committees on Commerce of the House of Representatives and the
Senate.
SEC. 3. PAYMENT OF PROCEEDS OF INSURANCE.
(a) Payments.--If such a person engaged in the business of
insurance determines that it issued insurance policies to individuals
who were victims of the Holocaust, such person shall pay to the
beneficiaries or descendants of the victims the proceeds of such
policies.
(b) Fund.--Any such person who does not have records of the
individuals to whom it issued life insurance policies during the period
1920 to 1945 is strongly encouraged to establish a substantial monetary
fund to compensate victims of the Holocaust. Such fund should be
derived from sources including the policies for which there is no one
entitled to its proceeds because the holder and all beneficiaries
perished in the Holocaust.
SEC. 4. REPORT.
The Secretary of Commerce, in consultation with State insurance
commissioners, shall, within 180 days of the enactment of this Act,
report to the Committees on Commerce of the House of Representatives
and the Senate, to the extent possible, on--
(1) the number of individuals who were victims of the
Holocaust who held life insurance policies during the period
1920 to 1945;
(2) the number of such individuals for whom payment was
made under such policies and the amount of such payments;
(3) the number of such policies for which no payment has
been made;
(4) the number of such policies for which payment was made
to persons other than the policy holder or their beneficiaries;
(5) the names of the companies which issued such policies;
and
(6) the relationship (if any) between such companies and
the governments of Germany, Italy, Austria, Croatia, Vichy
France, Hungary, Romania, Switzerland, and other provisional
governments in Nazi occupied countries.
SEC. 5. REGISTRY.
The United States Holocaust Memorial Museum shall develop a
registry of those who died in the Holocaust which shall be made
available to the general public, including insurance companies
preparing a report under section 2(a). Such sums as may be necessary
are authorized to be appropriated for this purpose.
SEC. 6. STATUTE OF LIMITATIONS.
Any action brought by Holocaust victim or heir or beneficiary of a
Holocaust victim, seeking proceeds of such policies issued or in effect
between 1920 and 1945 shall not be dismissed for failure to comply with
the applicable statute of limitations or laches provided the action is
commenced on or before December 31, 2010.
SEC. 7. DEFINITIONS.
For the purpose of this Act:
(1) Related company.--The term ``related company'' means
any parent, subsidiaries, or affiliated companies at least 50
percent of whose stock is in common ownership with an insurance
carrier doing business in the United States.
(2) Victim of the holocaust.--The term ``victim of the
Holocaust'' means any person who lost his or her life or
property as a result of discriminatory laws, policies, or
actions targeted against discrete groups of persons between
April 1933 and May 1945 in Nazi Germany, areas occupied by Nazi
Germany, and or countries allied with Nazi Germany.
(3) Insurance policies.--The term `insurance policies''
means, but is not limited to, life insurance, property
insurance, dowry, or education policies.
(4) Proceeds of such policies.--The term ``proceeds of such
policies'' means the face or other payout value of policies and
annuities plus reasonable interest to date of payment without
diminution for wartime or immediate postwar currency
devaluation. | Holocaust Victims Insurance Act - Requires any person engaged in the insurance business in the United States directly or through a related company during the period 1920 to 1945 to report to the Secretary of Commerce within 90 days of the enactment of this Act on the current status of the insurance policies issued during such period. Imposes a civil penalty upon any person who does not file a report. Directs the Secretary to immediately upon receipt transmit such reports to the House and Senate Committees on Commerce.
Requires a person engaged in the insurance business that determines that it issued insurance policies to individuals who were Holocaust victims to pay to the beneficiaries or descendants of the victims the proceeds of such policies. Encourages strongly any such person who does not have records of the individuals to whom it issued life insurance policies during the period 1920 to 1945 to establish a substantial monetary fund to compensate Holocaust victims. Requires the Secretary to report to the House and Senate Committees on Commerce on the number of individuals who were Holocaust victims who held life insurance policies during the period 1920 to 1945.
Directs the U.S. Holocaust Memorial Museum to develop a registry of those who died in the Holocaust which shall be made available to the public, including insurance companies preparing a report under this Act. Authorizes appropriations.
Prohibits any action brought by a Holocaust victim or heir or beneficiary of a Holocaust victim seeking proceeds of such policies issued or in effect between 1920 and 1945 from being dismissed for failure to comply with the applicable statute of limitations or laches provided the action is commenced on or before December 31, 2010. | {"src": "billsum_train", "title": "Holocaust Victims Insurance Act"} | 1,055 | 341 | 0.738648 | 2.338499 | 0.870268 | 5.357616 | 3.403974 | 0.940397 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Distance Education and Online Learning
Act of 2003''.
SEC. 2. STUDENT ELIGIBILITY.
Section 484(l)(1) of the Higher Education Act of 1965 (20 U.S.C.
1091(l)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``in whole or in part'' and
inserting ``predominantly'';
(B) by striking ``of 1 year or longer''; and
(C) by striking ``unless'' and all that follows
through ``all courses at the institution''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Requirement.--An institution of higher
education referred to in subparagraph (A) is an
institution of higher education that is not an
institution or school described in section 3(3)(C) of
the Carl D. Perkins Vocational and Technical Education
Act of 1998.''.
SEC. 3. DEFINITION OF ELIGIBLE PROGRAM.
Section 481(b) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)) is amended by adding at the end the following:
``(3) Distance education programs.--
``(A) In general.--A program that is offered
predominantly through distance education methods and
processes (other than correspondence courses) is an
eligible program for purposes of this title if--
``(i) the program was reviewed and approved
by an accrediting agency or association that--
``(I) is recognized by the
Secretary under subpart 2 of part H;
and
``(II) has evaluation of distance
education programs within the scope of
its recognition; and
``(ii) the institution offering the program
complies with clause (i) or clause (ii) of
subparagraph (B).
``(B) Additional criteria based on duration of
certification.--
``(i) Certified for at least 4 years.--An
institution complies with this clause if the
institution has been certified as eligible to
participate in programs under this title for at
least four years and--
``(I) has not had its participation
in programs under this title limited,
suspended, or terminated within the
preceding 5 years;
``(II) has not had or failed to
resolve an audit finding or program
review finding under this Act during
the preceding 2 years that resulted in
the institution being required to repay
an amount that is greater than 5
percent of the total funds the
institution received under the programs
authorized by this title for any award
year covered by the audit or program
review;
``(III) has not been found by the
Secretary during the preceding 5 years
to be in material noncompliance with
the provisions of this Act related to
the submission of acceptable and timely
audit reports required under this
title; and
``(IV) is determined to be
financially responsible under
regulations promulgated by the
Secretary pursuant to section 498(c).
``(ii) Certified for less than 4 years.--An
institution complies with this clause if the
institution has been certified as eligible to
participate in programs under this title for
less than four years, meets the requirements of
clause (i), and--
``(I) the institution has not been
subject to any action to suspend,
revoke, withdraw, or terminate its
authority to operate by a state;
``(II) the institution has not been
subject to any action to suspend,
revoke, withdraw, or terminate its
accreditation and has not been placed
on probation or an equivalent status by
a recognized accrediting agency;
``(III) neither the institution nor
any person who exercises substantial
control over the institution have been
administratively or judicially
determined to have committed fraud or
any other material violation of law
involving the use of federal, state or
local government funds; and
``(IV) no person who exercises
substantial control over the
institution has been directly or
indirectly affiliated with an
institution that has lost or been
denied accreditation, has lost or been
denied authority to operate by a state,
has lost or been denied eligibility to
participate in programs authorized
under this title, has filed for
bankruptcy, or has closed owing a
liability for a program requirement
under this Act.
``(C) Consequences of withdrawl of approval.--If
the accreditation agency or association withdraws
approval of the program described in subparagraph
(A)(i), or the institution fails to meet any of the
requirements described in clause (i) or (ii) of
subparagraph (B) (whichever is applicable), or both,
then the program shall cease to be an eligible program
at the end of the award year in which such withdrawal
of approval or failure to meet such requirements
occurs. The program shall not be an eligible program
for any subsequent award year until the institution
obtains such approval or corrects such failure, or
both.''.
SEC. 4. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended--
(1) in subsection (n)(3), by striking the last sentence and
inserting the following: ``If the agency or association
requests that the evaluation of institutions offering distance
education programs be included within its scope of recognition,
and demonstrates that the agency or association meets the
requirements of subsection (p), then the Secretary shall
include the accreditation of institutions offering distance
education programs within the agency's or association's scope
of recognition.''; and
(2) by adding at the end the following:
``(p) Distance Education Programs.--An agency or association that
seeks to evaluate the quality of institutions offering distance
education programs within its scope of recognition shall, in addition
to meeting the other requirements of this subpart, demonstrate to the
Secretary that the agency or association assesses--
``(1) measures of student achievement of students enrolled
in distance education programs, including State licensing
examination results, and success in preparing students for
entry into and advancement in the work force;
``(2) measures of program completion and retention rates of
students in distance education programs, including monitoring
such rates throughout the accreditation period;
``(3) the preparation of faculty and students to
participate in distance education programs;
``(4) the quality and frequency of interaction between
faculty and students in distance education programs;
``(5) the availability of current and recognized learning
resources and support services for students in distance
education programs; and
``(6) measures to ensure the integrity of student and
faculty participation in distance education programs.''. | Distance Education and Online Learning Act of 2003 - Amends the Higher Education Act of 1965 to revise title IV student assistance provisions regarding distance education courses and programs, with respect to student eligibility, eligible programs, and requirements for recognition of accrediting agencies that evaluate institutions of higher education offering such programs. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 regarding distance education, and for other purposes."} | 1,449 | 66 | 0.544277 | 1.280823 | 1.015865 | 2.267857 | 24.946429 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Accountability and Retired
Employee Act of 2013'' or the ``CARE Act''.
SEC. 2. AMENDMENT OF SURFACE MINING CONTROL AND RECLAMATION ACT OF
1977.
Section 402(i)(2) of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232(i)(2)) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(A) In general.--Subject to''; and
(2) by adding at the end the following:
``(B) Excess amounts.--
``(i) In general.--Subject to paragraph
(3), and after all transfers referred to in
paragraph (1) and subparagraph (A) of this
paragraph have been made, any amounts remaining
after the application of paragraph (3)(A)
(without regard to this subparagraph) shall be
transferred to the trustees of the 1974 UMWA
Pension Plan and used solely to pay pension
benefits required under such plan.
``(ii) 1974 umwa pension plan.--In this
subparagraph, the term `1974 UMWA Pension Plan'
means a pension plan referred to in section
9701(a)(3) of the Internal Revenue Code of 1986
but without regard to whether participation in
such plan is limited to individuals who retired
in 1976 and thereafter.''.
SEC. 3. ELIGIBILITY FOR 1992 UMWA BENEFIT PLAN.
(a) In General.--Paragraph (2) of section 9712(b) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (A), by adding ``or'' at the end of subparagraph (B), and
by inserting after subparagraph (B) the following new subparagraph:
``(C) but for this chapter, would be eligible to
receive benefits from the 1974 UMWA Benefit Plan (other
than an individual described in the last sentence of
section 402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977) following a proceeding under
title 11, United States Code, or other insolvency
proceeding relating to the applicable last signatory
operator, but who does not receive such coverage at
levels at least equal to those described in section
402(h)(2)(C) of the Surface Mining Control and
Reclamation Act of 1977 from such operator or any
related person,''.
(b) Conforming Amendments.--Paragraph (2) of section 9712(b) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (A) or (B)'' in the matter
following subparagraph (C) (as added by this section) and
inserting ``subparagraph (A), (B), or (C)'', and
(2) by inserting ``under subparagraph (A) or (B)'' after
``health benefits coverage'' in the second sentence.
SEC. 4. SPECIAL RULE FOR CERTAIN SUPPLEMENTAL BENEFIT PLANS.
(a) In General.--Section 404 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(p) Special Rule for Certain Supplemental Benefit Plans.--
``(1) In general.--If contributions are paid by an employer
under a plan that provides supplemental benefits solely to
participants in a plan described in subsection (c) (or a
continuation thereof) that provides pension benefits, such
contributions shall not be deductible under this section nor be
made nondeductible by this section, but the deductibility
thereof shall be governed solely by section 162 (relating to
trade or business expenses).
``(2) Tax treatment of plan.--For purposes of this title,
the trust holding the assets of a plan to which paragraph (1)
applies shall be treated as an organization exempt from tax
under section 501(a).
``(3) Special rule for payments other than to or from a
trust.--For purposes of this subsection, payments made by an
employer to the trustees of a plan described in paragraph (1),
and benefits paid by the trustees of such plan, shall be
treated as contributions paid to, and benefits paid from, such
plan without regard to whether the contributions are paid into,
or benefits paid from, the trust holding the assets of such
plan.''.
(b) Exclusion From Wages.--
(1) Payroll taxes.--Paragraph (5) of section 3121(a) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at
the end of subparagraph (H), by adding ``or'' at the end of
subparagraph (I), and by adding at the end the following new
subparagraph:
``(J) under a plan to which section 404(p)(1)
applies;''.
(2) Collection of income tax at source.--Paragraph (12) of
section 3401(a) of such Code is amended by adding at the end
the following new subparagraph:
``(F) under a plan to which section 404(p)(1)
applies, or''.
(3) Unemployment taxes.--Section 3306(b) of such Code is
amended by striking ``or'' at the end of paragraph (19), by
striking the period at the end of paragraph (20) and inserting
``; or'', and by adding at the end the following new paragraph:
``(21) any payment made to or for the benefit of an
individual under a plan to which section 404(p)(1) applies.''. | Coal Accountability and Retired Employee Act of 2013 or CARE Act - Amends the Surface Mining Control and Reclamation Act of 1977 to transfer specified excess funds derived from coal mine operator-paid reclamation fees to the trustees of the 1974 United Mine Workers of America (UMWA) Pension Plan for use solely to pay pension benefits required under such Plan. Amends the Internal Revenue Code to revise 1992 UMWA Benefit Plan eligibility requirements. Makes eligible for health benefits from the 1992 UMWA Benefit Plan an individual who would be eligible to receive benefits from the 1974 UMWA Benefit Plan (with a specified exception) following a bankruptcy or other insolvency proceeding of a coal mine operator, but who does not receive from that operator or any related person health benefits at least equal to those received under the Multiemployer Health Benefit Plan of the Surface Mining Control and Reclamation Act of 1977. Prescribes a special rule to state that employer contributions to an employees' trust or annuity benefit plan providing supplemental benefits solely to participants in a pension plan are neither deductible nor nondeductible as such from the employer's gross income. Subjects such contributions, on the other hand, to the requirements for deduction as an allowable trade or business expense. Treats a trust holding the assets of such a pension benefit plan as a tax-exempt organization. Excludes from wages any payments made to, or on behalf of, an employee or his or her beneficiary under such a plan. | {"src": "billsum_train", "title": "CARE Act"} | 1,270 | 326 | 0.627517 | 1.846916 | 0.792234 | 2.664179 | 4.13806 | 0.820896 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Congress strongly supports providing every honorably
discharged veteran the opportunity to be buried in a national
veterans cemetery in recognition of their sacrifices for the
freedoms enjoyed by every United States citizen;
(2) The Department of Veterans Affairs has determined that
a population threshold of 170,000 eligible people living within
a 75-mile service radius is appropriate to merit the
establishment of a new national cemetery in areas of greatest
need nationwide.
(3) Although the Department of Veterans Affairs estimates a
projected veterans population of 133,000 within a 75-mile
radius of the city of Bellevue, Nebraska, an independent
analysis conducted by the Metropolitan Area Planning Agency
located in Omaha, Nebraska, concluded that 172,500 people who
reside within a 75-mile radius of Bellevue would be eligible to
be buried in a national cemetery.
(4) Congress has consistently authorized the construction
of six new national cemeteries every four years since 1999,
with the first six established by the Veterans Millennium
Health Care and Benefits Act (Public Law 106-117) and the next
six established by the National Cemetery Expansion Act of 2003
(Public Law 108-109).
(5) The 2002 independent ``Future Burial Needs'' report
completed for the Department of Veterans Affairs pursuant to
section 613 of the Veterans Millennium Health Care and Benefits
Act recommended Omaha, Nebraska as a location for a new
national cemetery to be built in 2005.
(6) The Midwest Health Care Network of the Department of
Veterans Affairs, which is responsible for the provision of
health care for veterans residing in Iowa and Nebraska,
currently serves a high population of aging veterans.
(7) Major veterans and military advocacy organizations
endorse the establishment of a national cemetery to serve
veterans and their family members in eastern Nebraska and
western Iowa, including the Nebraska Department of Disabled
American Veterans, the Heartland of America Chapter of the
Military Officers Association of America, the Great Plains
Chapter of Paralyzed Veterans of America, the Nebraska
Department of Veterans of Foreign Wars, the Nebraska chapter of
Vietnam Veterans of America, the Nebraska Military Order of the
Purple Heart, the Nebraska State Air Force Association, the Air
Force Sergeants Association, Chapter 984, the Nebraska
Department of the American Legion, the Forty & Eight Charitable
Veterans, the Nebraska chapter of the American Ex-Prisoners of
War, the Nebraska chapter of Gold Star Wives, the Korean War
Veterans Association, Nebraska Chapter 1, the Marine Corps
League in Nebraska, and the Nebraska Department of American
Veterans.
(8) Such organizations represent a combined membership of
at least 85,700 veterans and military advocates in the State of
Nebraska.
SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN SARPY COUNTY, NEBRASKA.
(a) In General.--The Secretary of Veterans Affairs shall establish,
in accordance with chapter 24 of title 38, United States Code, a
national cemetery in Sarpy County, Nebraska, to serve the needs of
veterans and their families in eastern Nebraska and western Iowa.
(b) Consultation in Selection of Site.--Before selecting the site
for the national cemetery established under subsection (a), the
Secretary shall consult with--
(1) appropriate officials of the State of Nebraska and
local officials in Sarpy County, Nebraska; and
(2) appropriate officials of the United States, including
the Administrator of General Services, with respect to land
belonging to the United States in that region that would be
suitable to establish the national cemetery under subsection
(a).
(c) Authority To Accept Donation of Parcel of Land.--
(1) In general.--The Secretary of Veterans Affairs may
accept on behalf of the United States the gift of an
appropriate parcel of real property. The Secretary shall have
administrative jurisdiction over such parcel of real property,
and shall use such parcel to establish the national cemetery
under subsection (a).
(2) Income tax treatment of gift.--For purposes of Federal
income, estate, and gift taxes, the real property accepted
under paragraph (1) shall be considered as a gift to the United
States.
(d) Report.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
establishment of the national cemetery under subsection (a). The report
shall set forth a schedule for such establishment and an estimate of
the costs associated with such establishment. | Directs the Secretary of Veterans Affairs to establish a national cemetery in Sarpy County, Nebraska, to serve the needs of veterans and their families in eastern Nebraska and western Iowa. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to establish a national cemetery in Sarpy County, Nebraska, to serve veterans in eastern Nebraska and western Iowa."} | 927 | 38 | 0.564945 | 1.555293 | 0.575781 | 8.121212 | 27.424242 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Used Oil Re-Refining Tax Credit Act
of 2010''.
SEC. 2. USED OIL RE-REFINING INVESTMENT TAX CREDIT.
(a) Qualifying Used Oil Re-Refining Tax Credit.--Subpart E of part
IV of subchapter A of chapter 1 of the Internal Revenue Code of 986 is
amended by inserting after section 48D the following new section:
``SEC. 48E. QUALIFYING USED OIL RE-REFINING PROJECT CREDIT.
``(a) In General.--For purposes of section 46, the qualifying used
oil re-refining project credit for any taxable year is an amount equal
to 30 percent of the qualified investment for such taxable year with
respect to any qualifying used oil re-refining project.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of
eligible property placed in service by the taxpayer during such
taxable year which is part of a qualifying used oil re-refining
project.
``(2) Special rule for certain subsidized property.--Rules
similar to section 48(a)(4) (other than subparagraph (D)
thereof) shall apply for purposes of this section.
``(3) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(4) Limitation.--The amount which is treated as qualified
investment for all taxable years with respect to any qualifying
used oil re-refining project shall not exceed the amount
certified by the Secretary as eligible for the credit under
this section.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying used oil re-refining project.--The term
`qualifying used oil re-refining project' means any project--
``(A) which is designed to serve the primary
purpose of processing qualifying re-refined lubricating
oil from used oil (including used lube oil derived from
crude oil, synthetic oils, and qualified fuels),
``(B) which uses a series of mechanical or chemical
methods, or both, including, at a minimum, vacuum
distillation followed by solvent refining or
hydrotreating,
``(C) the feedstock input for which is used
lubricating oil,
``(D) with respect to which the applicant provides
evidence that the output of the project is base oil
which meets the American Society of Testing and
Materials standard for hydrocarbon lubricating base oil
(ASTM D6074),
``(E) with respect to which the applicant provides
evidence that the of ownership or control of a site of
sufficient size to allow the proposed project to be
constructed or to operate on a long-term basis, and
``(F) which will be located in the United States.
``(2) Qualifying re-refined lubricating oil.--The term
`qualifying re-refined lubricating oil' means a base oil--
``(A) which meets the American Society of Testing
and Materials standard for hydrocarbon lubricating base
oil (ASTM D6074), and
``(B) which is manufactured from used lubricating
oil.
``(3) Eligible property.--The term `eligible property'
means any property--
``(A)(i) the construction, reconstruction,
expansion or erection of which is completed by the
taxpayer, or
``(ii) which is acquired by the taxpayer if the
original use of such property commences with the
taxpayer, and
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(d) Qualifying Used Oil Re-Refinery Project Program.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this section, the Secretary, in
consultation with the Secretary of Energy, shall establish a
qualifying used oil re-refining project program for the
deployment of used oil re-refining technologies.
``(2) Certification.--
``(A) Application period.--Each applicant for
certification under this paragraph shall submit an
application meeting the requirements of subparagraph
(B). An applicant may only submit an application during
the 5-year period beginning on the date the Secretary
establishes the program under paragraph (1).
``(B) Requirements for applications for
certification.--An application under subparagraph (A)
shall contain such information as the Secretary may
require. Any information contained in the application
shall be protected as provided in section 552(b)(4) of
title 5, United States Code.
``(C) Time to act upon applications for
certification.--The Secretary shall issue a
determination as to whether an applicant has met the
requirements of this section within 60 days following
the date of submittal of the application for
certification.
``(D) Federal and state environmental authorization
required.--The Secretary shall not certify a project
under this section unless the Secretary determines that
the applicant for certification has received all
Federal and State environmental authorizations or
reviews necessary to commence construction of the
project.
``(E) Period of issuance.--An applicant which
receives a certification shall have 5 years from the
date of issuance of the certification in order to place
the project in service, and if such project is not
placed in service by that time period, then the
certification shall no longer be valid.
``(3) Limitation.--The aggregate credits that may be
allocated under the program shall not exceed $150,000,000.
``(4) Reallocation.--If the Secretary determines that
credits under this section are available for reallocation
pursuant to the requirements set forth in paragraph (2), the
Secretary is authorized to conduct an additional program for
applications for certification.''.
(b) Credit Treated as Investment Tax Credit.--Section 46 of such
Code is amended by striking ``and'' at the end of paragraph (5), by
striking the period at the end of paragraph (6) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(7) the qualifying used oil re-refining project credit
determined under section 48E(a).''.
(c) Clerical Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 48D the following new
item:
``Sec. 48E. Qualifying used oil re-refining project credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990). | Used Oil Re-Refining Tax Credit Act of 2010 - Amends the Internal Revenue Code to allow a tax credit for 30% of the investment in a project to process qualifying re-refined lubricating oil from used oil. Defines "qualifying re-refined lubricating oil" as a base oil which meets the American Society of Testing and Materials standard for hydrocarbon lubricating base oil (ASTM D6074) and which is manufactured from used lubricating oil.
Directs the Secretary of the Treasury, in consultation with the Secretary of Energy, to establish a qualifying used oil re-refining project program for the deployment of used oil re-refining technologies. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage the re-refining of used oil."} | 1,637 | 164 | 0.63631 | 1.663368 | 0.72405 | 5.082645 | 11.785124 | 0.933884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defend Trade Secrets Act of 2014''.
SEC. 2. FEDERAL JURISDICTION FOR THEFT OF TRADE SECRETS.
(a) In General.--Section 1836 of title 18, United States Code, is
amended to read as follows:
``Sec. 1836. Civil proceedings
``(a) Private Civil Actions.--
``(1) In general.--An owner of a trade secret may bring a
civil action under this subsection if the person is aggrieved
by--
``(A) a violation of section 1831(a) or 1832(a); or
``(B) a misappropriation of a trade secret that is
related to a product or service used in, or intended
for use in, interstate or foreign commerce.
``(2) Civil ex parte order for preservation of evidence and
seizure.--
``(A) In general.--Based on an affidavit or
verified complaint satisfying the requirements of this
paragraph, the court may, upon ex parte application and
if the court finds that issuing the order is necessary
to prevent irreparable harm, issue appropriate orders--
``(i)(I) providing for the preservation of
evidence in a civil action brought under
paragraph (1), including by making a copy of an
electronic storage medium that contains the
trade secret; or
``(II) described in clause (i) or (ii) of
paragraph (3)(A); and
``(ii) providing for the seizure of any
property used, in any manner or part, to commit
or facilitate the commission of a violation
alleged under subparagraph (A), except that the
order--
``(I) may not provide for the
seizure of any property that is merely
incidental to the alleged violation
unless necessary to preserve evidence;
or
``(II) shall provide for the
seizure of any property in a manner
that, to the extent possible, does not
interrupt normal and legitimate
business operations unrelated to the
trade secret.
``(B) Requirements for application order.--
Notwithstanding rule 65 of the Federal Rules of Civil
Procedure, the requirements in paragraphs (2) through
(11) of section 34(d) of the Trademark Act of 1946 (15
U.S.C. 1116) shall apply to any ex parte application or
seizure order under subparagraph (A). Any reference in
such paragraphs (2) through (11) of section 34(d) of
the Trademark Act of 1946 to section 32 of such Act
shall be read as references to this section, and
references to use of a counterfeit mark in connection
with the sale, offering for sale, or distribution of
goods or services shall be read as references to a
misappropriation of a trade secret.
``(3) Remedies.--In a civil action brought under this
subsection, a court may--
``(A) grant an injunction--
``(i) to prevent any actual or threatened
violation described in paragraph (1) on such
terms as the court deems reasonable;
``(ii) if determined appropriate by the
court, requiring affirmative actions to be
taken to protect a trade secret; and
``(iii) in exceptional circumstances that
render an injunction inequitable, that
conditions future use upon payment of a
reasonable royalty for no longer than the
period of time for which use could have been
prohibited;
``(B) award--
``(i) damages for actual loss caused by the
misappropriation of a trade secret;
``(ii) damages for any unjust enrichment
caused by the misappropriation of the trade
secret that is not addressed in computing
damages for actual loss; and
``(iii) in lieu of damages measured by any
other methods, the damages caused by
misappropriation measured by imposition of
liability for a reasonable royalty for a
misappropriator's unauthorized disclosure or
use of a trade secret;
``(C) if the trade secret described in paragraph
(1)(B) is willfully or maliciously misappropriated,
award exemplary damages in an amount not more than 3
times the amount of the damages awarded under
subparagraph (B); and
``(D) if a claim of misappropriation is made in bad
faith, a motion to terminate an injunction is made or
opposed in bad faith, or a trade secret is willfully
and maliciously misappropriated, award reasonable
attorney's fees to the prevailing party.
``(b) Jurisdiction.--The district courts of the United States shall
have original jurisdiction of civil actions brought under this section.
``(c) Period of Limitations.--A civil action under this section may
not be commenced later than 5 years after the date on which the
misappropriation is discovered or by the exercise of reasonable
diligence should have been discovered. For purposes of this subsection,
a continuing misappropriation constitutes a single claim of
misappropriation.''.
(b) Definitions.--Section 1839 of title 18, United States Code, is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) the term `misappropriation' means--
``(A) acquisition of a trade secret of another by a
person who knows or has reason to know that the trade
secret was acquired by improper means; or
``(B) disclosure or use of a trade secret of
another without express or implied consent by a person
who--
``(i) used improper means to acquire
knowledge of the trade secret;
``(ii) at the time of disclosure or use,
knew or had reason to know that the knowledge
of the trade secret was--
``(I) derived from or through a
person who had used improper means to
acquire the trade secret;
``(II) acquired under circumstances
giving rise to a duty to maintain the
secrecy of the trade secret or limit
the use of the trade secret; or
``(III) derived from or through a
person who owed a duty to the person
seeking relief to maintain the secrecy
of the trade secret or limit the use of
the trade secret; or
``(iii) before a material change of the
position of the person, knew or had reason to
know that--
``(I) the trade secret was a trade
secret; and
``(II) knowledge of the trade
secret had been acquired by accident or
mistake;
``(6) the term `improper means'--
``(A) includes theft, bribery, misrepresentation,
breach or inducement of a breach of a duty to maintain
secrecy, or espionage through electronic or other
means; and
``(B) does not include reverse engineering or
independent derivation; and
``(7) the term `Trademark Act of 1946' means the Act
entitled `An Act to provide for the registration and protection
of trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes',
approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly
referred to as the `Trademark Act of 1946' or the `Lanham
Act').''.
(c) Exceptions to Prohibition.--Section 1833 of title 18, United
States Code, is amended, in the matter preceding paragraph (1), by
inserting ``or create a private right of action for'' after
``prohibit''.
(d) Technical and Conforming Amendment.--The table of sections for
chapter 90 of title 18, United States Code, is amended by striking the
item relating to section 1836 and inserting the following:
``1836. Civil proceedings.''.
(e) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to modify the rule of construction under
section 1838 of title 18, United States Code, or to preempt any other
provision of law. | Defend Trade Secrets Act of 2014 - Amends the federal criminal code to authorize an owner of a trade secret who is aggrieved by an act of economic espionage, theft of a trade secret, or misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce to bring a civil action under this Act (current law authorizes the Attorney General to bring a civil action to obtain injunctive relief against any violation of provisions regarding the protection of trade secrets). Authorizes the court, based on an affidavit or verified complaint satisfying the requirements of this Act, upon ex parte application and if the court finds that issuing the order is necessary to prevent irreparable harm, to issue appropriate orders: (1) providing for the preservation of evidence in the civil action, including by making a copy of an electronic storage medium that contains the trade secret; (2) granting an injunction to prevent any actual or threatened violation, (3) requiring affirmative actions to be taken to protect a trade secret; or (4) providing for the seizure of any property used to commit or facilitate the commission of an alleged violation, except that such an order may not provide for the seizure of any property that is merely incidental to the alleged violation unless necessary to preserve evidence or shall provide for the seizure of any property in a manner that does not interrupt normal and legitimate business operations unrelated to the trade secret. Makes applicable to such ex parte applications and seizure orders specified requirements of the Trademark Act of 1946 regarding ex parte applications and seizure orders in civil actions arising out of the use of counterfeit marks in connection with the sale, offering for sale, or distribution of goods or services. Authorizes a court in a civil action brought under this Act to: (1) grant an injunction to prevent any violation, to require affirmative actions to be taken to protect a trade secret, and to condition future use upon payment of a reasonable royalty for no longer than the period use could have been prohibited; (2) award damages for actual loss, damages for unjust enrichment, and (in lieu of damages measured by any other methods) damages caused by misappropriation measured by imposition of liability for a reasonable royalty for the unauthorized disclosure or use of a trade secret; (3) award exemplary treble damages if the trade secret is willfully or maliciously misappropriated; and (4) award reasonable attorney's fees to the prevailing party if a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or a trade secret is willfully and maliciously misappropriated. Establishes a five-year limitations period, beginning when the misappropriation is discovered or should have been discovered. | {"src": "billsum_train", "title": "Defend Trade Secrets Act of 2014"} | 1,832 | 623 | 0.705726 | 2.29636 | 0.736329 | 4.518939 | 3.160985 | 0.92803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Network for Avian Influenza
Surveillance Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the ongoing panzootic of highly pathogenic avian
influenza strain H5N1 in Asia and Eurasia is a threat to global
human health and the global poultry industry;
(2) the HPAI virus is capable of causing massive avian die-
offs, and response can easily involve the culling of tens of
millions of domestic poultry or domestic waterfowl, resulting
in significant economic losses;
(3) the fatality rate due to infection in humans may be 30
to 50 percent or more;
(4) recent outbreaks in 2005 of H5N1 in waterfowl in
western China, Kazakhstan, Russia, Romania, and Turkey suggest
that the virus may have entered the Central Asian Flyway and
may consequently spread throughout central and southern Asia,
Europe, and Africa, as well as spanning the Arctic to reach
North America;
(5) it has long been known that wild birds are a reservoir
host for avian influenza viruses worldwide;
(6) the 1918 pandemic, the most lethal of the 3 pandemics
that killed over 40,000,000 people worldwide, was caused by an
influenza virus that initially jumped directly from birds to
humans and subsequently evolved an ability to transmit from
human-to-human;
(7) this precedent for an avian influenza virus to transmit
directly from birds to humans, then spread among humans,
significantly raises the concern about the current H5N1
influenza strain;
(8) increased surveillance, including on migratory birds,
is critical to controlling avian influenza;
(9) the capacity to proactively detect the threats could
result in significantly improved disease prediction and
prevention capabilities;
(10) international wildlife health surveillance does not
clearly fall under the jurisdiction of any Federal or
international agency;
(11) there is a continued inability to share real-time data
across the human, agricultural, wildlife, and veterinary
agencies on zoonotic threats;
(12) while surveillance at domestic poultry and domestic
waterfowl production facilities and farms is an immediate and
on-going monitoring need and is being supported through
relevant agencies, surveillance in wild bird populations that
may have been exposed to the virus has now become a critical
component to determine the spread of the virus, implement
control measures, and protect human, livestock, and wildlife
health;
(13) monitoring and surveillance of wild migratory and
resident water birds are critically important to identifying
all strains of influenza viruses in wild birds as a library of
possible genotypes, determining their role in spread of the
virus, and anticipating where outbreaks may occur to enhance
preparedness; and
(14) improving surveillance of wildlife health around the
world would close significant jurisdictional and scientific
gaps in current global influenza preparedness.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a Global Network for Avian
Influenza Surveillance--
(1) to more rapidly and efficiently detect, verify, and
report on the presence of infectious diseases, such as highly
pathogenic avian influenza, in migratory birds and resident
waterfowl around the world;
(2) to use information on viral strains found during
surveillance of wild birds to better delineate any mutations in
the virus that may be detectable within wild bird populations;
(3) to use information on when and where HPAI and other
pathogens of concern are identified in migratory birds--
(A) to better guide preparedness in the United
States and around the world; and
(B) to carry out a comprehensive migratory bird
disease surveillance initiative that will provide
regions, countries, and specific locations with early
warning information that will help target resources
toward enhancement of poultry biosecurity and
surveillance, heightened public health vigilance, and
related areas;
(4) to create an open access database within which
information on HPAI and other pathogens of interest identified
in migratory birds can be shared as close to real time as
possible;
(5) to protect the health and safety of United States
citizens and officials traveling or living abroad; and
(6) to protect the economic interests of the United States
and its partners from threats to health, agriculture, and
natural resources.
SEC. 4. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' means a nongovernmental wildlife conservation
organization chartered in the United States with--
(A) extensive global wildlife health experience in
tracking disease in wild birds, including free-ranging,
captive, and wild bird species;
(B) proven ability in identifying avian influenza
in wild birds; and
(C) accredited zoological facilities in the United
States.
(2) GNAIS.--The term ``GNAIS'' means the Global Network for
Avian Influenza Surveillance established under section 5(a).
(3) GNAIS partners.--The term ``GNAIS partners'' means the
partners of the GNAIS described in section 5(c).
(4) HPAI.--The term ``HPAI'' means highly pathogenic avian
influenza.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services, acting--
(A) through the Influenza Branch of the Centers for
Disease Control and Prevention; and
(B) in partnership with an eligible organization.
SEC. 5. GLOBAL NETWORK FOR AVIAN INFLUENZA SURVEILLANCE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall offer to enter into a
contract with 1 or more eligible organizations to establish a Global
Network for Avian Influenza Surveillance.
(b) Partners.--In administering the GNAIS, the Secretary and the
eligible organization shall collaborate with appropriate--
(1) Federal and State agency partners, including--
(A) the Department of Agriculture, acting through--
(i) the Agricultural Research Service; and
(ii) the Animal and Plant Health Inspection
Service;
(B) the Department of the Interior, acting
through--
(i) the United States Geological Survey;
and
(ii) the United States Fish and Wildlife
Service; and
(C) various State wildlife agencies in the United
States;
(2) multilateral agency partners, including--
(A) the Food and Agriculture Organization;
(B) the World Health Organization;
(C) the Office International des Epizooties, the
world animal health organization; and
(D) the World Conservation Union;
(3) conservation organizations with expertise in
international and domestic bird monitoring and surveillance;
(4) accredited colleges of veterinary medicine; and
(5) other national and international partners, as
necessary.
(c) International Surveillance.--The eligible organization, in
coordination with the Influenza Branch of the Centers for Disease
Control and Prevention, shall manage an international surveillance
program under which Federal GNAIS partners shall, and non-Federal GNAIS
partners are encouraged to--
(1) monitor and test for the presence or arrival of avian
influenza and other significant avian pathogens at important
bird areas around the world and in marketplaces with intense
trade in wild birds;
(2) use trained professionals to collect samples and other
data and send samples to appropriate diagnostic centers;
(3) use the GNAIS, in partnership with relevant agencies
and organizations, for conducting--
(A) disease surveillance activities on migratory
birds worldwide;
(B) domestic and international field investigations
on migratory birds;
(C) training and capacity-building activities
related to the relationships between human health,
domestic animal health, and wildlife health; and
(D) research on methods and approaches for
detection and enhanced surveillance of HPAI and other
pathogens in migratory birds; and
(4) send samples for avian influenza testing to certified
laboratories that--
(A) meet internationally established methods
standards;
(B) are located at--
(i) the Influenza Branch of the Centers for
Disease Control and Prevention;
(ii) the Office International des
Epizooties, the world animal health
organization;
(iii) the Food and Agriculture
Organization;
(iv) National Veterinary Services
Laboratories of the Department of Agriculture;
or
(v) the Agricultural Research Service; and
(C) report the findings back to the eligible
organization and GNAIS partners.
(d) Network.--
(1) Partners.--Federal GNAIS partners shall, and non-
Federal GNAIS partners are encouraged to, transmit information
related to global distribution and characteristics of avian
influenza to the Secretary acting through the eligible
organization.
(2) Administration.--The Secretary, acting through the
eligible organization, shall--
(A) use surveillance reports and other formal and
informal sources of information to identify and
investigate local disease outbreaks of avian influenza,
in coordination with GNAIS partners;
(B) develop a long-term baseline of regional data
related to HPAI and pathogens in migratory birds for
analysis between and across sites to create a system to
identify when and where outbreaks might occur and paths
of dispersal;
(C) provide technical assistance for disease
prevention and control programs based on scientific
understanding of the relationships between wildlife
health, domestic animal health, and human health;
(D) provide analytical disease findings regularly
to the Influenza Branch of the Centers for Disease
Control and Prevention and other Federal GNAIS partners
to prevent or combat human diseases;
(E) conduct other activities as are necessary to
support the GNAIS network and GNAIS partners; and
(F) coordinate GNAIS surveillance results at the
headquarters of the eligible organization.
(e) Database.--
(1) In general.--The Secretary, acting through the eligible
organization, shall manage, map, and make available on a
database on the Internet all results and information gathered
under this Act.
(2) Requirements.--The database shall--
(A) provide geographic data on wild bird
populations and the movements of the populations and
laboratory test results; and
(B) be available for viewing by any Federal agency,
foreign country, multilateral institution,
organization, or individual.
(f) Training.--The Secretary shall request accredited colleges of
veterinary medicine and other GNAIS partners to train members of the
GNAIS network to--
(1) monitor important bird areas around the world; and
(2) test for the presence or arrival of avian influenza and
other significant avian pathogens of zoonotic concern.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$10,000,000 for each of fiscal years 2006 through 2010. | Global Network for Avian Influenza Surveillance Act - Requires the Secretary of Health and Human Services, acting through the Influenza Branch of the Centers for Disease Control and Prevention (CDC), to offer to enter into a contract with one or more eligible organizations to establish a Global Network for Avian Influenza Surveillance (GNAIS). Requires the eligible organization to manage an international surveillance program under which federal GNAIS partners: (1) monitor and test for the presence or arrival of avian influenza and other significant avian pathogens; (2) use trained professionals to collect samples and other data; (3) use the GNAIS for conducting disease surveillance, field investigations, training and capacity-building activities, and research; and (4) transmit information related to global distribution and characteristics of avian influenza to the Secretary.
Requires the Secretary, acting through the eligible organization, to: (1) use surveillance reports and other sources to identify and investigate local disease outbreaks of avian influenza; (2) develop a long-term baseline of regional data to identify when and where outbreaks might occur and paths of dispersal; (3) provide technical assistance for disease prevention and control programs; (4) provide analytical disease findings to the Influenza Branch of CDC and other federal GNAIS partners; and ( 5) manage, map, and make available on an Internet database all results and information gathered under this Act.
Directs the Secretary to request accredited colleges of veterinary medicine and other GNAIS partners to train members of the GNAIS network to: (1) monitor important bird areas around the world; and (2) test for the presence or arrival of avian influenza and other significant avian pathogens of zoonotic concern. | {"src": "billsum_train", "title": "A bill to establish a global network for avian influenza surveillance among wild birds nationally and internationally to combat the growing threat of bird flu, and for other purposes."} | 2,295 | 367 | 0.524951 | 1.724994 | 0.809293 | 5.95356 | 6.653251 | 0.975232 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emmett Till Unsolved Civil Rights
Crimes Reauthorization Act of 2016''.
SEC. 2. INVESTIGATION OF UNSOLVED CIVIL RIGHTS CRIMES.
The Emmett Till Unsolved Civil Rights Crime Act of 2007 (28 U.S.C.
509 note) is amended--
(1) in section 2--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by inserting after paragraph (2) the following:
``(3) coordinate the sharing of information between the
Federal Bureau of Investigation, the civil rights community,
and other entities;
``(4) hold accountable individuals who were perpetrators
of, or accomplices in, unsolved civil rights murders;
``(5) express the condolences of the authority to the
communities affected by unsolved civil rights murders, and to
the families of the victims of such murders; and
``(6) comply with requests for information received
pursuant to section 552 of title 5, United States Code
(commonly known as the `Freedom of Information Act').'';
(2) in section 3--
(A) in subsection (b)--
(i) in paragraph (1), by striking
``occurred not later than December 31, 1969,
and'';
(ii) in paragraph (2), by inserting before
the period at the end the following: ``, and
eligible entities''; and
(iii) by adding after paragraph (2) the
following:
``(3) Review of closed cases.--The Deputy Chief shall
reopen and review any case involving a violation described in
paragraph (1) that was closed prior to the date of the
enactment of the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 without an in-person investigation
conducted by an officer or employee of the Criminal Section of
the Civil Rights Division of the Department of Justice or by an
agent of the Federal Bureau of Investigation.
``(4) Task force.--
``(A) In general.--The Deputy Chief shall establish
a task force that includes representatives from the
Federal Bureau of Investigation, the Community
Relations Service of the Department of Justice, State
and local law enforcement agencies, and eligible
entities to conduct a thorough investigation of, and
make recommendations to the Deputy Chief regarding, the
cases involving violations described in paragraph (1).
``(B) Authorization of appropriations.--In addition
to amounts made available to carry out this Act under
section 6, there is authorized to be appropriated to
the Attorney General $1,500,000 for fiscal year 2016
and each subsequent fiscal year to carry out this
paragraph.''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``that occurred not later than
December 31, 1969'';
(II) in subparagraph (F), by
striking ``and'' at the end;
(III) in subparagraph (G), by
striking the period at the end and
inserting ``; and''; and
(IV) by inserting after
subparagraph (G) the following:
``(H) the number of cases referred by an eligible
entity or a State or local law enforcement agency or
prosecutor to the Department within the study period,
the number of such cases that resulted in Federal
charges being filed, the date the charges were filed,
and if the Department declines to prosecute or
participate in an investigation of a case so referred,
the fact that it did so.''; and
(ii) in paragraph (2), by inserting before
the period at the end the following: ``and a
description of the activities conducted under
subsection (b)(3)'';
(3) in section 4(b)--
(A) in paragraph (1), by striking ``occurred not
later than December 31, 1969, and''; and
(B) in paragraph (2), by inserting before the
period at the end the following: ``, and eligible
entities'';
(4) in section 5--
(A) in subsection (a)--
(i) by inserting after ``local law
enforcement agencies'' the following: ``, or
eligible entities,''; and
(ii) by striking ``occurred not later than
December 31, 1969, and''; and
(B) in subsection (b), by striking ``each of the
fiscal years 2008 through 2017'' and inserting ``fiscal
year 2016 and each subsequent fiscal year'';
(5) in section 6--
(A) in subsection (a)--
(i) by striking ``each of the fiscal years
2008 through 2017'' and inserting ``fiscal year
2016 and each subsequent fiscal year''; and
(ii) by striking ``occurred not later than
December 31, 1969, and''; and
(B) by amending subsection (b) to read as follows:
``(b) Community Relations Service of the Department of Justice.--
Subject to the availability of appropriations, the Community Relations
Service of the Department of Justice shall provide technical assistance
by bringing together law enforcement agencies and communities in the
investigation of violations described in section 4(b).'';
(6) in section 7--
(A) in the heading, by striking ``definition of
`criminal civil rights statutes''' and inserting
``definitions'';
(B) by striking ``In this Act, the term'' and
inserting: ``In this Act:
``(1) Criminal civil rights statutes.--The term''; and
(C) by inserting at the end the following:
``(2) Eligible entity.--The term `eligible entity' means an
organization whose primary purpose is to promote civil rights,
an institution of higher education, or another entity,
determined by the Attorney General to be appropriate.''; and
(7) by striking section 8. | Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 This bill permanently reauthorizes the Emmett Till Unsolved Civil Rights Crime Act of 2007 (Emmett Till Act) and expands the responsibilities of the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to include the investigation and prosecution of criminal civil rights statutes violations that resulted in a death, regardless of when the violations occurred. (Currently, the Emmett Till Act is scheduled to expire at the end of FY2017 and such investigations are limited to violations that occurred before 1970.) The bill expresses the sense of Congress that all authorities with jurisdiction should: (1) coordinate information sharing; (2) hold accountable individuals who were perpetrators of, or accomplices in, unsolved civil rights murders; and (3) comply with Freedom of Information Act requests. In investigating a complaint, DOJ may coordinate activities with entities that DOJ determines to be appropriate. DOJ shall reopen and review cases closed without an in-person investigation conducted by DOJ or the FBI. DOJ must establish a task force to conduct a thorough investigation of Emmett Till Act cases. In an annual report to Congress, DOJ must indicate: (1) the number of cases referred by a civil rights organization, an institution of higher education, or a state or local law enforcement agency; (2) the number of such cases that resulted in federal charges; (3) the date any such charges were filed; (4) whether DOJ has declined to prosecute or participate in an investigation of a referred case; and (5) any activity on reopened cases. DOJ may award grants to civil rights organizations, institutions of higher education, and other eligible entities for expenses associated with investigating offenses under the Emmett Till Act. | {"src": "billsum_train", "title": "Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016"} | 1,342 | 393 | 0.636543 | 2.120424 | 0.716094 | 3.097923 | 3.833828 | 0.818991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Sexual Assault Crimes
Revision Act of 2004''.
SEC. 2. MILITARY SEXUAL ABUSE.
(a) Sexual Abuse.--Section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice), is amended to
read as follows:
``Sec. 920. Art. 120. Sexual abuse
``(a) Any person subject to this chapter who knowingly causes
another person to engage in a sexual act--
``(1) by using force against that other person; or
``(2) by threatening or placing that other person in fear
that any person will be subjected to death, serious bodily
injury, or kidnapping;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
``(b) Any person subject to this chapter who knowingly--
``(1) renders another person unconscious and thereby
engages in a sexual act with that other person; or
``(2) administers to another person by force or threat of
force, or without the knowledge or permission of that other
person, a drug, intoxicant, or other similar substance and
thereby--
``(A) substantially impairs the ability of that
other person to appraise or control conduct; and
``(B) engages in a sexual act with that other
person;
is guilty of aggravated sexual abuse and shall be punished as a court-
martial may direct.
``(c) Any person subject to this chapter who knowingly engages in a
sexual act with another person who has not attained the age of twelve
years is guilty of aggravated sexual abuse of a child and shall be
punished as a court-martial may direct. In a prosecution under this
subsection, it need not be proven that the accused knew that the other
person engaging in the sexual act had not attained the age of twelve
years.
``(d) Any person subject to this chapter who knowingly--
``(1) causes another person to engage in a sexual act by
threatening or placing that other person in fear (other than by
threatening or placing that other person in fear that any
person will be subjected to death, serious bodily injury, or
kidnapping); or
``(2) engages in a sexual act with another person if that
other person is--
``(A) incapable of appraising the nature of the
conduct; or
``(B) physically incapable of declining
participation in, or communicating unwillingness to
engage in, that sexual act;
is guilty of sexual abuse and shall be punished as a court-martial may
direct.
``(e)(1) Any person subject to this chapter who knowingly engages
in a sexual act with another person who--
``(A) has attained the age of twelve years but has not
attained the age of sixteen years;
``(B) is at least four years younger than the person so
engaging; and
``(C) is not that person's spouse;
is guilty of sexual abuse of a minor and shall be punished as a court-
martial may direct.
``(2) In a prosecution under this subsection, it need not be proven
that the accused knew the age of the other person engaging in the
sexual act or that the requisite age difference existed between the
persons so engaging.
``(3) In a prosecution under this subsection, it is an affirmative
defense that the accused reasonably believed that the other person had
attained the age of sixteen years. The accused has the burden of
proving a defense under this paragraph by a preponderance of the
evidence.
``(f) Any person subject to this chapter who knowingly engages in a
sexual act with another person who is--
``(1) in official detention or confinement; and
``(2) under the custodial, supervisory, or disciplinary
authority of the person so engaging; and
``(3) is not that person's spouse;
is guilty of sexual abuse of a ward and shall be punished as a court-
martial may direct.
``(g) In this section, the term `sexual act' means--
``(1) contact between the penis and the vulva or the penis
and the anus, and for purposes of this subparagraph contact
involving the penis occurs upon penetration, however slight;
``(2) contact between the mouth and the penis, the mouth
and the vulva, or the mouth and the anus;
``(3) the penetration, however slight, of the anal or
genital opening of another by a hand or finger or by any
object, with an intent to abuse, humiliate, harass, degrade, or
arouse or gratify the sexual desire of any person; or
``(4) the intentional touching, not through the clothing,
of the genitalia of another person who has not attained the age
of sixteen years with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person.''.
(b) Conforming Amendments.--
(1) Murder.--Section 918(4) of title 10, United States Code
(article 118 of the Uniform Code of Military Justice), is
amended by striking ``sodomy, rape,'' and inserting
``aggravated sexual abuse, aggravated sexual abuse of a
child,''.
(2) Sodomy.--Section 925 of title 10, United States Code
(article 125 of the Uniform Code of Military Justice), is
repealed.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 47 of title 10, United States Code, is amended--
(1) by striking the item relating to section 925; and
(2) by striking the item relating to section 920 and
inserting the following new item:
``920. Art. 120. Sexual abuse.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to offenses committed after the date of the
enactment of this Act. | Military Sexual Assault Crimes Revision Act of 2004 - Amends the Uniform Code of Military Justice to rewrite current provisions concerning the military crime of rape and carnal knowledge to conform with Federal sexual assault crimes. Makes it a crime (aggravated sexual abuse) not only to use force to engage in a sexual act, but to obtain a sexual act by threatening or placing a person in fear that any person will otherwise be subjected to death, serious bodily injury, or kidnapping. Includes within the act of aggravated sexual abuse: (1) rendering another person unconscious, or administering a drug or intoxicant, prior to engaging in a sexual act; and (2) engaging in a sexual act with a person under 12 years of age.
Defines as the military crime of sexual abuse when a person: (1) causes another person to engage in a sexual act by threatening or placing that other person in fear; (2) engages in a sexual act with another person who is incapable of either appraising the nature of the conduct or declining such participation; or (3) engages in a sexual act with a person over 12 but under 16, or at least four years younger than the person.
States that, in the prosecution of either type of sexual abuse, it need not be proven that a person knew the age of the other person engaging in the sexual act, or the requisite age difference. Requires the accused to prove as an affirmative defense that the accused believed the other person to be at least 16 years of age.
Makes the above crimes punishable by court-martial. | {"src": "billsum_train", "title": "To amend chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), to bring military sexual assault crimes into parallel with Federal sexual assault crimes."} | 1,352 | 349 | 0.704929 | 2.145906 | 0.977201 | 3.885621 | 4.120915 | 0.879085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Advancement of
Women in the Science and Engineering Work Forces Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) despite a consistently high presence of women in the
professional and total work forces of the United States, women
continue to be underrepresented in the science and engineering
work forces;
(2) women scientists and engineers have higher rates of
unemployment and underemployment than their male counterparts,
although the number of women receiving degrees in scientific
and engineering disciplines has increased since 1981;
(3) artificial barriers exist in the recruitment,
retention, and advancement of women in the science and
engineering work forces;
(4) academia, industry, and government are increasingly
aware of the necessity of and the advantages derived from
diverse science and engineering work forces;
(5) initiatives of the White House Task Force on Women,
Minorities, and the Handicapped in Science and Technology and
of the Federal Coordinating Council on Science, Engineering,
and Technology have been instrumental in raising public
awareness of--
(A) the underrepresentation of women in the science
and engineering work forces; and
(B) the desirability of eliminating artificial
barriers to the recruitment, retention, and advancement
of women in such work forces; and
(6) the establishment of a commission to examine issues
raised by these initiatives would help to--
(A) focus greater attention on the importance of
eliminating artificial barriers to the recruitment,
retention, and advancement of women in the science and
engineering work forces and in all employment sectors
of the United States;
(B) promote work force diversity; and
(C) encourage the replication of successful
recruitment and retention programs by universities,
corporations, and Federal agencies having difficulties
in employing women scientists and engineers.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Advancement of Women in the Science and Engineering Work
Forces'' (hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTY OF COMMISSION.
The Commission shall conduct a study to--
(1) identify the number of women in the United States in
the science and engineering work forces, and the specific types
of occupations in such workforces in which women scientists and
engineers are underrepresented;
(2) examine the preparedness of women to--
(A) pursue careers in the science and engineering
work forces; and
(B) advance to positions of greater responsibility
within academia, industry, and government;
(3) describe the practices and policies of employers and
labor unions relating to the recruitment, retention, and
advancement of women scientists and engineers;
(4) identify the opportunities for, and artificial barriers
to, the recruitment, retention, and advancement of women
scientists and engineers in academia, industry, and government;
(5) describe the employment situations in which the
recruitment, retention, and advancement of women scientists and
engineers are comparable to their male counterparts, and
identify those situations in which such comparability does not
exist;
(6) compile a synthesis of available research on practices,
policies, and programs that have successfully led to the
recruitment, retention, and advancement of women in the science
and engineering work forces, including training programs,
rotational assignments, developmental programs, reward
programs, employee benefit structures, and family leave
policies;
(7) examine such other issues and information relating to
the advancement of women in the science and engineering work
forces as determined by the Commission to be appropriate; and
(8) issue recommendations that government (including
Congress and appropriate Federal agencies), academia, and
private industry can follow to assist in the recruitment,
retention, and advancement of women in science and engineering.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 18
members as follows:
(1) 5 members appointed by the President.
(2) 3 members appointed jointly by the Speaker of the House
of Representatives and the majority leader of the Senate.
(3) 1 member appointed by the majority leader of the House
of Representatives.
(4) 1 member appointed by the minority leader of the House
of Representatives.
(5) 1 member appointed by the majority leader of the
Senate.
(6) 1 member appointed by the minority leader of the
Senate.
(7) 2 Members of the House of Representatives, appointed
jointly by the majority leader and the minority leader of the
House of Representatives.
(8) 2 Senators appointed jointly by the majority leader and
the minority leader of the Senate.
(9) The Director of the Office of Science and Technology
Policy.
(b) Additional Qualifications.--Initial appointments shall be made
under subsection (a) not later than 180 days after the date of the
enactment of this Act. In making each appointment under subsection (a),
the appointing authority shall consider (among other factors) whether
the individual--
(1) is a member of an organization representing women and
minorities;
(2) holds executive management or senior decision-making
positions in any business entity; and
(3) possesses academic expertise or other recognized
abilities relating to employment and employment discrimination
issues.
(c) Political Affiliation.--Not more than \1/2\ of the members may
be of the same political party.
(d) Continuation of Membership.--If a member was appointed to the
Commission because the member was an officer or employee of any
government and later ceases to be such an officer or employee, that
member may continue as a member of the Commission for not longer than
the 60-day period beginning on the date the member ceases to be such an
officer or employee.
(e) Terms.--
(1) In general.--Each Member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall receive compensation at the
daily equivalent of the maximum rate of pay payable under
section 5376 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the
Commission, including attendance at meetings and conferences of
the Commission, and travel to conduct the duties of the
Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Chairperson.--The Director of the Office of Science and
Technology Policy shall serve as the Chairperson of the Commission.
(j) Meetings.--
(1) Meetings prior to completion of report.--The Commission
shall meet not fewer than 5 times in connection with and
pending the completion of the reports described in subsections
(a) and (b) of section 8. The Commission shall hold additional
meetings for such purpose if the Chairperson or a majority of
the members of the Commission requests the additional meetings
in writing.
(2) Meetings after completion of report.--The Commission
shall meet at least once, but not more than twice after the
completion of the report described in section 8(b), in
connection with and pending completion of the report required
by section 8(c).
(k) Employment Status.--A member of the Commission, who is not
otherwise an officer or employee of the Federal Government, shall not
be deemed to be an employee of the Federal Government except for the
purposes of--
(1) the tort claims provisions of chapter 171 of title 28,
United States Code; and
(2) subchapter I of chapter 81 of title 5, United States
Code, relating to compensation for work injuries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum annual rate of basic pay payable under section
5376 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable under section 5376 of title 5, United
States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable under section 5376 of title 5, United States
Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Contract Authority.--To the extent provided in advance in
appropriations Acts, the Commission may contract with and compensate
government and private agencies or persons for the purpose of
conducting research or surveys necessary to enable the Commission to
carry out its duties under this Act.
SEC. 8. REPORTS.
(a) Status Report.--Not later than 1 year after the date on which
the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report describing the current activities and findings of the Commission
and the direction of the Commission.
(b) Recommendation Report.--Not later than 18 months after the date
on which the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report containing--
(1) the findings and conclusions of the Commission
resulting from the study conducted under section 4; and
(2) recommendations, including specific proposed
legislation and administrative action, based on the findings
and conclusions referred to in paragraph (1).
(c) Follow-Up Report.--After submission of the report required by
subsection (b) and before the termination of the Commission, the
Commission shall submit to the President and to the Congress a written
report--
(1) identifying which of the recommendations included in
such report have been implemented; and
(2) containing any additional information the Commission
considers to be appropriate.
SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.
(a) In General.--Nothing in this Act shall be construed to require
any non-Federal entity (such as a business, college, or university,
foundation, or research organization) to provide information to the
Commission concerning such entity's personnel policies, including, but
not limited to, salaries and benefits, promotion criteria, and
affirmative action plans.
(b) Use of Information Obtained.--No information obtained from any
entity by the Commission may be used in connection with any employment
related litigation.
SEC. 10. TERMINATION.
The Commission shall terminate 1 year after submitting the report
required by section 8(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years 1997,
1998, and 1999 such sums as may be necessary to carry out this Act. | Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces to study and report to the Congress on the recruitment, retention, and advancement of women in the science and engineering work forces. Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on the Advancement of Women in the Science and Engineering Work Forces Act"} | 2,954 | 70 | 0.6072 | 1.469752 | 0.975146 | 6.758621 | 48.827586 | 0.965517 |
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT
OF 2007
Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view
child pornography.
TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
SEC. 101. SHORT TITLE.
This title may be cited as the ``Effective Child Pornography
Prosecution Act of 2007''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Child pornography is estimated to be a multibillion dollar
industry of global proportions, facilitated by the growth of the
Internet.
(2) Data has shown that 83 percent of child pornography
possessors had images of children younger than 12 years old, 39
percent had images of children younger than 6 years old, and 19
percent had images of children younger than 3 years old.
(3) Child pornography is a permanent record of a child's abuse
and the distribution of child pornography images revictimizes the
child each time the image is viewed.
(4) Child pornography is readily available through virtually
every Internet technology, including Web sites, email, instant
messaging, Internet Relay Chat, newsgroups, bulletin boards, and
peer-to-peer.
(5) The technological ease, lack of expense, and anonymity in
obtaining and distributing child pornography over the Internet has
resulted in an explosion in the multijurisdictional distribution of
child pornography.
(6) The Internet is well recognized as a method of distributing
goods and services across State lines.
(7) The transmission of child pornography using the Internet
constitutes transportation in interstate commerce.
SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended--
(1) in section 2251--
(A) in each of subsections (a), (b), and (d), by inserting
``using any means or facility of interstate or foreign commerce
or'' after ``be transported'';
(B) in each of subsections (a) and (b), by inserting
``using any means or facility of interstate or foreign commerce
or'' after ``been transported'';
(C) in subsection (c), by striking ``computer'' each place
that term appears and inserting ``using any means or facility
of interstate or foreign commerce''; and
(D) in subsection (d), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``is
transported'';
(2) in section 2251A(c), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``or
transported'';
(3) in section 2252(a)--
(A) in paragraph (1), by inserting ``using any means or
facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2)--
(i) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``distributes,
any visual depiction''; and
(ii) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``depiction for
distribution'';
(C) in paragraph (3)--
(i) by inserting ``using any means or facility of
interstate or foreign commerce'' after ``so shipped or
transported''; and
(ii) by striking ``by any means,''; and
(D) in paragraph (4), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``has
been shipped or transported''; and
(4) in section 2252A(a)--
(A) in paragraph (1), by inserting ``using any means or
facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2), by inserting ``using any means or
facility of interstate or foreign commerce'' after ``mailed,
or'' each place it appears;
(C) in paragraph (3), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``mails,
or'' each place it appears;
(D) in each of paragraphs (4) and (5), by inserting ``using
any means or facility of interstate or foreign commerce or''
after ``has been mailed, or shipped or transported''; and
(E) in paragraph (6), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``has
been mailed, shipped, or transported''.
(b) Affecting Interstate Commerce.--Chapter 110 of title 18, United
States Code, is amended in each of sections 2251, 2251A, 2252, and
2252A, by striking ``in interstate'' each place it appears and
inserting ``in or affecting interstate''.
(c) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(a)(3)(B) of title 18, United
States Code, is amended by inserting ``, shipped, or transported using
any means or facility of interstate or foreign commerce'' after ``that
has been mailed''.
(d) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(a)(6)(C) of title 18,
United States Code, is amended by striking ``or by transmitting'' and
all that follows through ``by computer,'' and inserting ``or any means
or facility of interstate or foreign commerce,''.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT
OF 2007
SEC. 201. SHORT TITLE.
This title may be cited as the ``Enhancing the Effective
Prosecution of Child Pornography Act of 2007''.
SEC. 202. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 2252A (relating to child pornography) where the
child pornography contains a visual depiction of an actual minor
engaging in sexually explicit conduct, section 2260 (production of
certain child pornography for importation into the United States),''
before ``section 2280''.
SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO
VIEW CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors.--Section
2252(a)(4) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly accesses
with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly accesses
with intent to view,'' after ``possesses''.
(b) Materials Constituting or Containing Child Pornography.--
Section 2252A(a)(5) of title 18, United States Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly accesses
with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly accesses
with intent to view,'' after ``possesses''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Effective Child Pornography Prosecution Act of 2007 - Effective Child Pornography Prosecution Act of 2007 - Amends the federal criminal code to expand the jurisdictional basis for prosecutions of sexual exploitation of children, selling or buying of children, or child pornography crimes to include activities that use any means or facility of interstate or foreign commerce to complete such crimes.
Title II: Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Enhancing the Effective Prosecution of Child Pornography Act of 2007 - Amends the federal criminal code to: (1) include child pornography that contains a visual depiction of an actual minor engaging in sexually explicit conduct and the production of such pornography for importation into the United States as predicate crimes for money laundering prosecutions; and (2) define "possess" with respect to crimes of child sexual exploitation and child pornography to include accessing by computer visual depictions of child pornography with the intent to view. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide for more effective prosecution of cases involving child pornography, and for other purposes."} | 1,878 | 223 | 0.574387 | 1.598622 | 0.905501 | 3.54023 | 9.045977 | 0.827586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``LESS Government Act''.
SEC. 2. FINDINGS; POLICY.
(a) Findings.--The Congress finds the following:
(1) Nearly 100 major United States corporations, and many
government entities around the world, have reduced waste in
their operations and improved the quality of the goods and
services they provide by implementing a continuous process
improvement methodology known as lean six sigma.
(2) Use of this methodology has resulted in average cost
reductions greater than 25 percent while also improving the
quality of goods and services.
(3) The piloted use of lean six sigma within the Department
of Defense and several other departments and agencies has
demonstrated that it can successfully be applied across the
Federal Government.
(4) Continuous process improvement is essential for Federal
agencies to be successful in setting and meeting performance
goals and is a key component that is missing from current
statutory requirements for performance improvement efforts.
(5) Clear direction and authority from Congress is needed
to ensure this innovative management process from the private
sector is applied across the Federal Government to achieve
waste reduction and optimal efficiency.
(b) Congressional Statement of Policy.--It shall be the policy of
the United States--
(1) to reduce waste and improve the effectiveness of the
Federal Government through the use of continuous process
improvement methods;
(2) to require each Federal agency to implement the
necessary capabilities to fully institutionalize such methods
within such agency to reduce waste while maintaining or
improving the level of services provided by the Federal
Government; and
(3) to return savings from such methods to the United
States Treasury to reduce the deficit.
SEC. 3. CONTINUOUS PROCESS IMPROVEMENT.
(a) Continuous Process Improvement Defined.--Section 1101 of title
31, United States Code, is amended by adding at the end the following
new paragraph:
``(3) `continuous process improvement' means a management
methodology (commonly referred to as lean six sigma) that
combines tools to improve process speed, reduce waste, and
incorporate requirements with data driven project analysis to
provide products and services with improved quality at lower
cost.''.
(b) Agency Performance Reporting.--Subsection (c) of section 1116
of such title is amended--
(1) in paragraph (6)(E), by striking ``; and'';
(2) in paragraph (7), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following new paragraph:
``(8) describe the implementation of continuous process
improvement, including information on each of the following:
``(A) The extent to which employees have received
continuous process improvement training appropriate to
the position of such employee, and its relation to the
deployment goals in a typical application of continuous
process improvement.
``(B) A description of the application of
continuous process improvement in cost-reduction
projects, including any performance or quality
improvements and cost savings realized as a result of
such application.
``(C) A comparison of the implementation results to
the goal of a 25 percent cost reduction per project.''.
(c) Implementation Results.--Subsection (c) of section 1122 of such
title is amended--
(1) in paragraph (8), by striking ``; and'';
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(10) a description of the results of the government-wide
implementation of continuous process improvement.''.
(d) Chief Operating Officer Requirement.--Subsection (b) of section
1123 of such title is amended--
(1) in paragraph (3), by striking ``; and'';
(2) in paragraph (4), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following new paragraph:
``(5) implement continuous process improvement within the
agency.''.
(e) Performance Improvement Officer Requirement.--Paragraph (2) of
section 1124(a) of such title is amended--
(1) in subparagraph (E), by striking ``; and'';
(2) in subparagraph (F), by striking the period and
inserting ``; and''; and
(3) by inserting at the end the following new subparagraph:
``(G) advise and assist the head of the agency and
the Chief Operating Officer on implementing the
continuous process improvement within the agency.''.
(f) Performance Improvement Council.--Subsection (b) of section
1124 of such title is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (C) and (D) as
(D) and (E), respectively; and
(B) by inserting after subparagraph (B), the
following new subparagraph:
``(C) an appropriate expert designated by the
Director of the Office of Management and Budget
pursuant to paragraph (4);''; and
(2) by adding at the end the following new paragraph:
``(4) Designation of expert on continuous process
improvement.--The Director of the Office of Management and
Budget shall appoint a highly-qualified expert on continuous
process improvement to serve as a member of the Performance
Improvement Council to advise on the implementation of
continuous process improvement across agencies.''.
SEC. 4. CENTER OF EXCELLENCE FOR CONTINUOUS PROCESS IMPROVEMENT.
(a) In General.--Chapter 11 of title 31, United States Code, is
amended by adding at the end the following new section:
``Sec. 1126. Center of Excellence for continuous process improvement
``(a) In General.--The Director of the Office of Management and
Budget shall designate a center of excellence for continuous process
improvement training, from within the Department of Defense.
``(b) Functions.--The Director shall ensure that the center
designated under subsection (a) provides agencies with a common set of
approaches to training and deployment of continuous process
improvement.''.
(b) Designation.--The Director of the Office of Management and
Budget shall designate the center of excellence required under section
1126(a) of title 31, United States Code, as added by subsection (a),
not later than 90 days after the date of the enactment of this Act.
(c) Technical and Conforming Amendment.--The table of contents for
chapter 11 of title 31, United States Code, is amended by inserting
after the item relating to section 1125 the following new item:
``1126. Center of excellence for continuous process
improvement.''.
SEC. 5. PREPARATION AND SUBMISSION OF APPROPRIATIONS REQUESTS TO THE
PRESIDENT.
Paragraph (1) of section 1108(b) of title 31, United States Code,
is amended by adding at the end the following: ``The head of each
agency shall include information on the results of cost-reduction
projects using continuous process improvement in each relevant
appropriation request for the agency, and an explanation of how any
savings from such implementation have impacted the agency's request.''.
SEC. 6. EFFECTIVE DATE.
Except as otherwise expressly provided under this Act, this Act and
the amendments made by this Act shall take effect 6 months after the
date of the enactment of this Act. | LESS Government Act - Requires the head of each federal agency to describe the implementation of continuous process improvement in the agency's periodic update on agency performance. Defines "continuous process improvement" as a management methodology (commonly referred to as lean six sigma) that combines tools to improve process speed, reduce waste, and incorporate requirements with data driven project analysis to provide products and services with improved quality at lower cost.
Requires the Director of the Office of Management and Budget (OMB) to: (1) make available on the OMB website a description of the results of the government-wide implementation of such process, and (2) appoint an expert on such process as a member of the Performance Improvement Council to advise on its implementation across agencies.
Requires: (1) each agency's Chief Operating Officer to implement such process, and (2) each agency's Performance Improvement Officer to advise and assist the agency head and Chief Operating Officer in implementing such process.
Requires the Director to designate a center of excellence for process training, from within the Department of Defense (DOD). | {"src": "billsum_train", "title": "To require government-wide application of continuous process improvement methods to reduce waste and improve the effectiveness of the Federal Government, and for other purposes."} | 1,595 | 240 | 0.670513 | 2.102247 | 0.850108 | 4.608491 | 7.221698 | 0.929245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Livestock Market Revitalization Act
of 1996''.
SEC. 2. CAPTIVE SUPPLY.
(a) Definition of Captive Supply.--Section 2(a) of the Packers and
Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended by adding at the end
the following:
``(12) Captive supply.--The term `captive supply' means
livestock acquired for slaughter by a packer (including
livestock delivered 7 days or more before slaughter) under a
standing purchase arrangement, forward contract, or packer
ownership, feeding, or financing arrangement, as determined by
the Secretary.''.
(b) Annual Report on Livestock Marketed or Slaughtered.--Section
407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228), is amended
by adding at the end the following:
``(f) Annual Report on Livestock Marketed or Slaughtered.--
``(1) In general.--The Secretary shall make available to
the public an annual statistical report on the number and
volume of livestock marketed or slaughtered in the United
States, including--
``(A) information collected on the date of
enactment of this Act; and
``(B) information on transactions involving
livestock in regional and local markets.
``(2) Administration.--In carrying out paragraph (1), the
Secretary shall ensure that--
``(A) a significant share of regional and local
livestock transactions are reported; and
``(B) the confidentiality of individual livestock
transactions is maintained.''.
(c) Information on Captive Supply Transactions.--Section 407 of the
Packers and Stockyards Act, 1921 (7 U.S.C. 228), as amended by
subsection (b), is amended by adding at the end the following:
``(g) Information on Captive Supply Transactions.--
``(1) In general.--Not later than 24 hours after a
transaction involving captive supply is recorded, the Secretary
shall make information concerning the transaction (including
the specific standing arrangement) available to the public
using electronic and other means that will ensure wide
availability of the information.
``(2) Ongoing livestock transactions.--Any information
collected on captive supply under paragraph (1) shall be
reported in conjunction with ongoing livestock transactions.''.
SEC. 3. MONITORING OF ANTITRUST AND ANTICOMPETITIVE BEHAVIOR AMONG
PACKERS AND STOCKYARDS.
(a) In General.--Section 407 of the Packers and Stockyards Act,
1921 (7 U.S.C. 228) (as amended by section 2(c)), is amended by adding
at the end the following:
``(h) Monitoring of Antitrust and Anticompetitive Behavior.--
``(1) In general.--The Secretary shall--
``(A) review and monitor the degree of antitrust
and anticompetitive behavior on a national, regional,
and local basis (as defined by the Secretary) among
packers, stockyard owners, market agencies, and dealers
to ensure compliance with Federal law and to ensure
that actions taken by packers, stockyard owners, market
agencies, and dealers will enhance, and not diminish,
competitiveness; and
``(B) report the results of the review and
monitoring to Congress, the Attorney General, and the
public.
``(2) Coordination.--The Secretary and the Attorney General
shall coordinate efforts to ensure that packers, stockyard
owners, market agencies, and dealers do not violate Federal law
relating to antitrust and anticompetitive behavior.''.
(b) Reports.--Not later than 60 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate--
(1) a report that--
(A) assesses the resource needs of the Department
of Agriculture for effectively carrying out section
407(h) of the Packers and Stockyards Act, 1971 (7
U.S.C. 228(h)) (as added by subsection (a)); and
(B) includes a request for any additional funding
that may be required for effectively carrying out
section 407(h) of the Act; and
(2) a report that assesses progress in implementing
additional monitoring activities identifying geographical
procurement markets described in the report entitled
``Monitoring by Packers and Stockyard Administration'', dated
October 1991 (GAO/RCED-92-36).
SEC. 4. COLLECTION AND DISSEMINATION OF MARKETING INFORMATION.
Section 204(g) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622(g)) is amended by adding at the end the following: ``In carrying
out this subsection, on a national, regional, and local basis (as
defined by the Secretary), the Secretary shall--
``(1) provide price information, with emphasis on providing
the information at the point of sale;
``(2) provide price and other information on a regular and
timely basis;
``(3) make the information available to the public
electronically;
``(4) collect and disseminate information supplied by
packers (as defined in section 201 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 191)) on contract pricing
related to captive supply (as defined in section 2 of the Act
(7 U.S.C. 182));
``(5) to the extent practicable, promote the use of
consistent, value-based pricing methodology throughout the meat
industry; and
``(6) report, on a weekly basis, the volume of cattle and
meat products imported into the United States.''.
SEC. 5. COOPERATIVE BARGAINING.
Section 4 of the Agricultural Fair Practices Act of 1967 (7 U.S.C.
2303) is amended by adding at the end the following:
``(g) To fail to engage in good-faith negotiations with producer
cooperatives (including new cooperatives), or to unfairly discriminate
among producer cooperatives (including new cooperatives), with respect
to the purchase, acquisition, or other handling of agricultural
products.''.
SEC. 6. LABELING OF MEAT AND MEAT FOOD PRODUCTS.
Section 7(b) of the Federal Meat Inspection Act (21 U.S.C. 607(b))
is amended by striking ``require,'' and all that follows through the
period at the end and inserting ``require--
``(1) the information required under section 1(n); and
``(2) if it was imported (or was produced from an animal
that was located in another country for at least 120 days) and
is graded, a grading labeling that bears the words `imported',
`may have been imported', `this product contains imported
meat', `this product may contain imported meat', `this
container contains imported meat', or `this container may
contain imported meat', as the case may be, or words to
indicate its country of origin.''.
SEC. 7. LIVESTOCK INDUSTRY COMMISSION.
(a) In General.--The Secretary of Agriculture shall, in
consultation with representatives of the livestock industry, establish
a national commission composed of nongovernmental members appointed by
the Secretary to study and recommend means of modernizing the livestock
industry and responding to the consumer demand for red meat.
(b) Study.--In carrying out this section, the commission shall
analyze costs and benefits, and make recommendations with respect to--
(1) value-added livestock products;
(2) the impact of antitrust and anticompetitive behavior on
cattle prices;
(3) the grading system for meat used by the Secretary; and
(4) refunds of assessments collected under the Beef
Research and Information Act (7 U.S.C. 2901 et seq.).
(c) Report.--Not later January 1, 2000, the commission shall submit
a report the describes the results of the study required under this
section to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate. | Livestock Market Revitalization Act of 1996 - Amends the Packers and Stockyards Act, 1921 to define "captive supply" as livestock acquired by a packer for slaughter, including livestock delivered seven days or more before slaughter.
Directs the Secretary of Agriculture to: (1) make information available to the public concerning livestock slaughtered or marketed in the United States, and captive market transactions; (2) monitor antitrust and anticompetitive activities among packers and stockyards; and (3) collect and disseminate marketing information on a national, regional, and local basis.
(Sec. 5) Amends the Agricultural Fair Practices Act of 1967 to make it an unfair trade practice to fail to act in good faith with producer cooperatives.
(Sec. 6) Amends the Federal Meat Inspection Act with respect to grade labeling of imported meat.
(Sec. 7) Directs the Secretary to establish a livestock industry commission. | {"src": "billsum_train", "title": "Livestock Market Revitalization Act of 1996"} | 1,836 | 209 | 0.58713 | 1.547467 | 0.898851 | 2.931034 | 9.275862 | 0.91954 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.