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 ``Pledge Language is English
Declaration and Government Endorsement Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) One of the fundamental strengths of the United States
is a shared commitment to certain principles of democracy,
freedom, and national unity, and this commitment is reinforced
periodically by certain officially recognized rituals and
practices, including the recitation of the Pledge of Allegiance
and the singing of the national anthem. One purpose of these
officially recognized rituals is national unity. That goal is
expressed in the Pledge of Allegiance as ``one nation under
God, indivisible'' in section 4 of title 4, United States Code.
(2) The recitation of the Pledge of Allegiance is one of
these officially recognized national unity rituals. Congress
recognized the Pledge of Allegiance in law in 1942 in section 4
of title 4, United States Code, and Federal law prescribes
certain methods for reciting and recognizing the Pledge of
Allegiance in English.
(3) Another officially recognized national unity ritual is
the recitation or singing of the national anthem. Inspired by
the sight of the American flag still waving at Fort McHenry
after 25 hours of continual bombardment by British forces,
Francis Scott Key wrote the words of the Star-Spangled Banner
in English in 1814. In 1931, Congress declared that the Star-
Spangled Banner is the national anthem of the United States in
section 301 of title 36, United States Code.
(4) The vast majority of Americans are immigrants or the
descendants of immigrants, respectful of their ancestral home,
but also proud to be American. According to sections 1423 and
1448 of title 8, United States Code, to become citizens of the
United States, lawful permanent residents of the United States
must, among other requirements, renounce allegiance to the
government of their country of origin, swear allegiance to the
laws and Constitution of the United States, and demonstrate an
understanding of the English language.
(5) Millions of Americans speak or study languages other
than English, but English is the common language of the United
States. The people of the United States are united, not by
race, ancestry, or origin, but by a common language--English--
and by a common belief and allegiance to democratic principles
prescribed by the founding documents of the Nation.
(6) The Government may, from time to time, take steps to
reinforce national unity, including using its funding to
promote national unity. The Government may also take steps to
limit the use of its resources for purposes that may be seen as
undercutting national unity or misrepresenting its support for
those rituals that it believes are essential to promoting
national unity.
(b) Purpose.--It is the purpose of this Act to protect and to
preserve national unity by restricting Federal funds from being used to
undercut national unity. In particular, this Act withholds Federal
funds from schools that permit or require the recitation of the Pledge
of Allegiance or the national anthem in a language other than English.
SEC. 3. PROHIBITION, ENFORCEMENT, AND PRIVATE RIGHT OF ACTION.
(a) Prohibition.--
(1) In general.--No State educational agency or local
educational agency may have a policy or practice that requires
or permits the Pledge of Allegiance (as defined in section 4 of
title 4, United States Code), or the national anthem (as
defined in section 301 of title 36, United States Code) to be
recited or sung in any language other than English in any
elementary school or secondary school under its jurisdiction.
(2) Exception to prohibition.--The prohibition in paragraph
(1) shall not apply to the authorized meetings, events, or
unofficial activities held by individuals or organizations that
are not affiliated with, or sponsored by, a State educational
agency or local educational agency, unless such individuals or
organizations reasonably give an impression to an objective
observer that a State educational agency or a local educational
agency has required the recitation or singing of the Pledge of
Allegiance or the national anthem in any language other than
English at such authorized meetings, events, or unofficial
activities.
(b) Enforcement by the Secretary of Education.--
(1) In general.--If, after notice and a reasonable
opportunity to respond, the Secretary of Education finds that a
State educational agency or local educational agency has
violated subsection (a)--
(A) no Federal funds appropriated by Congress for
the next fiscal year after such finding may be provided
by grant or contract to such State educational agency
or local educational agency; and
(B) the Secretary shall--
(i) submit a report, entitled ``Report to
Congress of State Educational Agencies or Local
Educational Agencies that have Violated
Protection for Pledge of Allegiance or Star
Spangled Banner'', of such finding to each
House of Congress; and
(ii) publish in the Federal Register a list
of each State educational agency and local
educational agency that is subject to the
withholding of Federal funds under paragraph
(1).
(2) Exception to withholding of federal funds.--
(A) In general.--A State educational agency or
local educational agency that the Secretary has found
under paragraph (1) of this subsection to have violated
subsection (a) shall not be subject to a withholding of
funds under such paragraph if such funds are contained
in an appropriation enacted after the date of the
Secretary's finding and such funds are appropriated
specifically for such State educational agency or local
educational agency.
(B) Notation requirement.--The appropriation in
subparagraph (A) shall contain a notation of the date
on which the report relating to such State educational
agency or local educational agency was submitted under
paragraph (1)(B)(i) and the page number of the Federal
Register on which such State educational agency or
local educational agency was listed under paragraph
(1)(B)(ii).
(c) Private Right of Action.--A person injured by a violation of
section (a) may obtain appropriate relief, including a declaratory
judgment under chapter 151 of title 28, United States Code, in a civil
action.
SEC. 4. DEFINITIONS.
In this Act, the following terms apply:
(1) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(5) State educational agency.--The term ``State education
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801). | Pledge Language is English Declaration and Government Endorsement Act of 2008 - Prohibits state or local educational agencies from requiring or permitting the Pledge of Allegiance or national anthem to be recited or sung in any language other than English in any elementary or secondary school under their jurisdiction.
Withholds federal funds from state or local educational agencies that violate such prohibition, unless the funds are specifically appropriated to such agencies after they have been found to be violating the prohibition.
Establishes a private right of action for persons injured by violations of such prohibition. | {"src": "billsum_train", "title": "To withhold Federal funds from schools that permit or require the recitation of the Pledge of Allegiance or the national anthem in a language other than English."} | 1,583 | 126 | 0.441771 | 1.217539 | 0.608097 | 3.257426 | 14.366337 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention and Deterrence of
International Conflict Act of 1999 (PREDICT)''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On August 24, 1997, the Chairman of the Joint Chiefs of
Staff assured Congress in writing that the acquisition of an
intercontinental ballistic missile capability by a rogue nation
without the detection of the United States intelligence
community would be an ``unlikely event''.
(2) The United States intelligence community did not detect
the August 31, 1998 launching of an intercontinental multistage
rocket by the Government of the People's Democratic Republic of
Korea.
(3) On May 11, 1998 and May 13, 1998, the Government of
India broke a 24-year voluntary moratorium by conducting 5
underground nuclear tests.
(4) The Secretary of Defense predicted thereafter that
these tests by the Government of India could induce other
nations to obtain nuclear weapons technologies.
(5) On May 28, 1998, the Government of Pakistan announced
that for the first time, it had conducted 5 underground nuclear
tests and acknowledged ongoing efforts to place nuclear
warheads on missiles capable of striking any target in India.
(6) The Director of Central Intelligence has accepted the
June 2, 1998, findings of an independent investigation
revealing that the Central Intelligence Agency lacked adequate
analytical capabilities to detect the explosions in India
despite satellite-generated evidence to the contrary and
repeated declarations by representatives of the Government of
India of an intent to improve India's nuclear arsenal.
(7) Written assessments by the United States Air Force and
the Central Intelligence Agency conflicted on the issue of
whether the May 10, 1996 transmission to the Government of
China of a private industry report exploring the potential
causes of an earlier rocket crash contained information that
may advance the capabilities of China to launch missiles
equipped with nuclear warheads.
(8) The President did not receive or review the Air Force
assessment prior to his February 18, 1998, approval of a
license for the export of a commercial satellite to China.
(9) A March 11, 1998, report by the National Air
Intelligence Center concluded that Chinese strategic missiles
equipped with nuclear warheads pose a threat to the United
States.
SEC. 3. ESTABLISHMENT AND COMPOSITION OF THE TASK FORCE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the President shall establish the Task Force on
Regional Threats to International Security (in this Act referred to as
the ``Task Force'').
(b) Composition.--The Task Force shall consist of--
(1) one official of the Department of State, who shall be
appointed by the Secretary of State;
(2) one official of the Department of Defense, who shall be
appointed by the Secretary of Defense;
(3) one official of the Department of Commerce, who shall
be appointed by the Secretary of Commerce;
(4) one official each of any appropriate United States
agency (as defined in section 551(1) of title 5, United States
Code) designated by the President, who shall be appointed by
the head of the agency; and
(5) one official each of any appropriate agency, entity, or
component of the intelligence community (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 401a))
designated by the President, who shall be appointed by the
agency, entity, or component, as the case may be.
SEC. 4. DUTIES OF THE TASK FORCE.
(a) In General.--Under the direction of the President, the Task
Force shall develop and execute plans, in cooperation with foreign
allied governments when appropriate, for--
(1) the active mediation of the United States to foster
negotiations between or among foreign governments engaged in
civil, ethnic, or geographic conflicts that increase the risk
of the acquisition, testing, or the deployment of weapons of
mass destruction;
(2) trade, economic reform, and investment programs of the
United States to promote the market-based development of the
countries described in paragraph (1) to reduce incentives for
the acquisition or use of such weapons; and
(3) a revised and integrated intelligence network that
gathers, analyzes, and transmits all vital data to the
President in advance of policy decisions related to such
weapons.
(b) Reports.--Beginning 6 months after the date of enactment of
this Act, and every 6 months thereafter, the Task Force shall submit a
report to Congress on the progress made during the preceding 6 months
in carrying out its responsibilities pursuant to paragraphs (1), (2),
and (3) of subsection (a).
SEC. 5. TERMINATION OF TASK FORCE AUTHORITY.
The Task Force shall terminate on October 1, 2001. | Prevention and Deterrence of International Conflict Act of 1999 - Establishes the Task Force on Regional Threats to International Security. Directs the Task Force to develop and execute plans, in cooperation with foreign allied governments when appropriate, for: (1) the active mediation of the United States to foster negotiations between or among foreign governments engaged in civil, ethnic, or geographic conflicts that increase the risk of the acquisition of weapons of mass destruction; (2) trade, economic reform, and investment programs of the United States to promote the market-based development of such countries to reduce incentives for the acquisition of such weapons; and (3) a revised and integrated network that gathers, analyzes, and transmits vital data to the President in advance of policy decisions related to such weapons. Terminates the Task Force on October 1, 2001. | {"src": "billsum_train", "title": "PREDICT Act"} | 1,013 | 166 | 0.446208 | 1.334751 | 0.71007 | 6.88125 | 6.25 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Voting Protection Act of
2008''.
SEC. 2. REQUIRING COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT
OVERSEAS UNIFORMED SERVICES VOTERS.
(a) Requiring Collection and Delivery by Secretary of Defense.--The
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff
et seq.) is amended by inserting after section 103 the following new
section:
``SEC. 103A. COLLECTION AND DELIVERY OF ABSENTEE BALLOTS OF ABSENT
OVERSEAS UNIFORMED SERVICES VOTERS.
``(a) Collection.--The Presidential designee shall establish
procedures for collecting absentee ballots of absent overseas uniformed
services voters in elections for Federal office, including absentee
ballots prepared by States and the Federal write-in absentee ballot
prescribed under section 103, and for delivering the ballots to the
appropriate State election officials.
``(b) Ensuring Delivery Prior to Closing of Polls.--
``(1) In general.--Under the procedures established under
this section, the Presidential designee shall ensure that any
absentee ballot collected prior to the applicable deadline
described in paragraph (2) is delivered to the appropriate
State election official prior to the time established by the
State for the closing of the polls on the date of the election.
``(2) Applicable deadline.--The applicable deadline
described in this paragraph is--
``(A) noon (in the location in which the ballot is
collected) on the last Friday that precedes the date of
the election involved, in the case of a regularly
scheduled general election for Federal office; or
``(B) noon (in the location in which the ballot is
collected) on the fourth day that immediately precedes
the date of the election involved, in the case of any
other election for Federal office.
``(c) Use of Contractors.--
``(1) Use of contractor permitted.--To the greatest extent
practicable, the Presidential designee shall carry out this
section by contract with a private provider of air
transportation.
``(2) Tracking mechanism.--Any contract entered into
pursuant to paragraph (1) shall include a requirement that the
private provider of air transportation implement procedures to
enable any individual whose absentee ballot is collected by the
Presidential designee under the procedures established under
this section to track the progress of the ballot using the
Internet, an automated telephone system, or such other methods
as may be provided under the contract.
``(d) Absent Overseas Uniformed Services Voter Defined.--In this
section, the term `absent overseas uniformed services voter' means an
overseas voter described in section 107(5)(A).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as may be necessary
to carry out this section. Any amounts appropriated pursuant to the
authorization under this subsection shall remain available until
expended without fiscal year limitation.''.
(b) Conforming Amendments.--
(1) Federal responsibilities.--Section 101(b) of such Act
(42 U.S.C. 1973ff(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(6);
(B) by striking the period at the end of paragraph
(7) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) carry out section 103A with respect to the collection
and delivery of absentee ballots of absent overseas uniformed
services voters in elections for Federal office.''.
(2) State responsibilities.--Section 102(a) of such Act (42
U.S.C. 1973ff-1(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) carry out section 103A(b)(2) with respect to the
processing and acceptance of absentee ballots of absent
overseas uniformed services voters.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the regularly scheduled general election for
Federal office held in November 2008 and each succeeding election for
Federal office.
SEC. 3. PROTECTING VOTER PRIVACY AND SECRECY OF ABSENTEE BALLOTS.
Section 101(b) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)), as amended by section 2(b), is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) take such actions as may be required to ensure that
absent uniformed services voters are able to cast absentee
ballots in a private and independent manner, and that the
contents of absentee ballots of absent uniformed services
voters and overseas voters will remain secret until tabulation
by the appropriate State election official.''. | Military Voting Protection Act of 2008 - Amends the Uniformed Overseas Citizens Absentee Voting Act to direct the Secretary of Defense (the Presidential designee) to establish procedures for collecting absentee ballots of military overseas voters in elections for federal office, and for delivering such ballots to the appropriate state election officials.
Requires the Secretary to: (1) ensure that such ballots are delivered prior to the time established for the closing of the polls on the date of the election; (2) carry out delivery requirements through a contract with a private provider of air transportation, which shall include a mechanism for ballot tracking; and (3) take steps to ensure that such voters are able to cast their votes in a private and independent manner, and that vote contents remain secret until tabulated by the state election officials. | {"src": "billsum_train", "title": "To amend the Uniformed and Overseas Citizens Absentee Voting Act to direct the Secretary of Defense to collect absentee ballots of absent overseas uniformed services voters for elections for Federal office and deliver the ballots to State election officials prior to the time established for the closing of the polls on the date of the election, and for other purposes."} | 1,225 | 178 | 0.673805 | 1.878641 | 0.871017 | 4.098039 | 6.732026 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Renewable Energy with
Shared Solar Act of 2015''.
SEC. 2. PROVISION OF INTERCONNECTION SERVICE AND NET BILLING SERVICE
FOR COMMUNITY SOLAR FACILITIES.
(a) In General.--Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the
end the following:
``(20) Community solar facilities.--
``(A) Definitions.--In this paragraph:
``(i) Community solar facility.--The term
`community solar facility' means a solar
photovoltaic system that--
``(I) allocates electricity to
multiple individual electric consumers
of an electric utility;
``(II) has a nameplate rating of 2
megawatts or less; and
``(III) is--
``(aa) owned by the
electric utility, jointly
owned, or third-party-owned;
``(bb) connected to a local
distribution facility of the
electric utility; and
``(cc) located on or off
the property of a consumer of
the electricity.
``(ii) Interconnection service.--The term
`interconnection service' means a service
provided by an electric utility to an electric
consumer, in accordance with the standards
described in paragraph (15), through which a
community solar facility is connected to an
applicable local distribution facility.
``(iii) Net billing service.--The term `net
billing service' means a service provided by an
electric utility to an electric consumer
through which electric energy generated for
that electric consumer from a community solar
facility may be used to offset electric energy
provided by the electric utility to the
electric consumer during the applicable billing
period.
``(B) Requirement.--On receipt of a request of an
electric consumer served by the electric utility, each
electric utility shall make available to the electric
consumer interconnection service and net billing
service for a community solar facility.''.
(b) Compliance.--
(1) Time limitations.--Section 112(b) of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
by adding at the end the following:
``(7)(A) Not later than 1 year after the date of enactment
of this paragraph, each State regulatory authority (with
respect to each electric utility for which the State has
ratemaking authority) and each nonregulated utility shall
commence consideration under section 111, or set a hearing date
for consideration, with respect to the standard established by
paragraph (20) of section 111(d).
``(B) Not later than 2 years after the date of enactment of
this paragraph, each State regulatory authority (with respect
to each electric utility for which the State has ratemaking
authority), and each nonregulated electric utility shall
complete the consideration and make the determination under
section 111 with respect to the standard established by
paragraph (20) of section 111(d).''.
(2) Failure to comply.--
(A) In general.--Section 112(c) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2622(c)) is amended--
(i) by striking ``such paragraph (14)'' and
all that follows through ``paragraphs (16)''
and inserting ``such paragraph (14). In the
case of the standard established by paragraph
(15) of section 111(d), the reference contained
in this subsection to the date of enactment of
this Act shall be deemed to be a reference to
the date of enactment of that paragraph (15).
In the case of the standards established by
paragraphs (16)''; and
(ii) by adding at the end the following:
``In the case of the standard established by
paragraph (20) of section 111(d), the reference
contained in this subsection to the date of
enactment of this Act shall be deemed to be a
reference to the date of enactment of that
paragraph (20).''.
(B) Technical correction.--
(i) In general.--Section 1254(b) of the
Energy Policy Act of 2005 (Public Law 109-58;
119 Stat. 971) is amended by striking paragraph
(2).
(ii) Treatment.--The amendment made by
paragraph (2) of section 1254(b) of the Energy
Policy Act of 2005 (Public Law 109-58; 119
Stat. 971) (as in effect on the day before the
date of enactment of this Act) is void, and
section 112(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2622(d)) shall
be in effect as if those amendments had not
been enacted.
(3) Prior state actions.--
(A) In general.--Section 112 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2622) is
amended by adding at the end the following:
``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
to the standard established by paragraph (20) of section 111(d) in the
case of any electric utility in a State if, before the date of
enactment of this subsection--
``(1) the State has implemented for the electric utility
the standard (or a comparable standard);
``(2) the State regulatory authority for the State or the
relevant nonregulated electric utility has conducted a
proceeding to consider implementation of the standard (or a
comparable standard) for the electric utility; or
``(3) the State legislature has voted on the implementation
of the standard (or a comparable standard) for the electric
utility.''.
(B) Cross-reference.--Section 124 of the Public
Utility Regulatory Policy Act of 1978 (16 U.S.C. 2634)
is amended by adding at the end the following: ``In the
case of the standard established by paragraph (20) of
section 111(d), the reference contained in this
subsection to the date of enactment of this Act shall
be deemed to be a reference to the date of enactment of
that paragraph (20).''. | Promoting Renewable Energy with Shared Solar Act of 2015 This bill amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to require an electric utility, upon the request of an electric consumer, to make available to the consumer interconnection service and net billing service for a solar photovoltaic system allocating electricity to multiple individual electric consumers of the utility and meeting other specified characteristics (community solar facility). Each state regulatory authority and each nonregulated utility must, within specified time limitations, commence consideration of and finally determine ratemaking standards. The bill makes conforming technical amendments to the Energy Policy Act of 2005. Certain ratemaking time limitations set out in PURPA, and requirements in case of a failure to comply with them, shall not apply in the case of any electric utility in a state if before enactment of this Act: the state has implemented the standard under this Act (or a comparable one) for the electric utility; the state regulatory authority or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard (or a comparable one) for the electric utility; or the state legislature has voted on the implementation of the standard (or a comparable one). | {"src": "billsum_train", "title": "Promoting Renewable Energy with Shared Solar Act of 2015"} | 1,406 | 255 | 0.58624 | 1.608026 | 0.811782 | 3.576419 | 5.484716 | 0.851528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minerals Reclamation Foundation
Establishment Act of 2007''.
SEC. 2. ESTABLISHMENT OF MINERALS RECLAMATION FOUNDATION.
(a) In General.--There is established the Minerals Reclamation
Foundation. The Foundation is a charitable and nonprofit corporation
and is not an agency or establishment of the United States.
(b) Purpose.--The purpose of the Foundation shall be--
(1) to encourage, obtain, and use gifts, devises, and
bequests of real and personal property for abandoned mine lands
projects that further the conservation of natural, scenic,
historic, scientific, educational, wildlife habitat, or
recreational resources;
(2) to foster compensation or approved and authorized
offsite mitigation for ongoing mining on Federal lands, State
lands, and split estate lands; and
(3) to work with other persons, including foundations, to
foster wider public knowledge of issues related to mineral
resource extraction, reclamation, and sustainable development,
including minerals education.
(c) Strategy.--The Foundation shall develop a strategy to build
partnerships with persons, including foundations and government
agencies, and play a catalytic role that focuses on local action, to
accomplish tangible and lasting results in the effective reclamation of
abandoned mine lands.
(d) Grants and Contracts.--The Foundation may use gifts, devises,
bequests, and matching funds from the Secretary of the Interior under
section 11(b) to make grants and award contracts for a project
described in subsection (b) that--
(1) is approved by the Board of the Foundation;
(2) is consistent with the purpose of the Foundation under
subsection (b); and
(3) is in accordance with the strategy under subsection
(c).
(e) Limitation and Conflicts of Interest.--
(1) In general.--The Foundation shall have no power, other
than as an insubstantial part of its activities, to spend funds
or engage in activities that are not in furtherance of
subsection (b).
(2) Political activities.--The Foundation shall not
participate or intervene in a political campaign on behalf of
any candidate for public office.
(3) Conflict of interests.--No director, officer, or
employee of the Foundation shall participate, directly or
indirectly, in the consideration or determination of any
question before the Foundation affecting--
(A) the financial interests of the director,
officer, or employee; or
(B) the interests of any corporation partnership,
entity, or organization in which such director,
officer, or employee--
(i) is an officer, director, of trustee; or
(ii) has any direct or indirect financial
interest.
(f) Limitation on Administrative Expenditures.--Of the amount
available to the Foundation for expenditure each fiscal year, not more
than 20 percent may be used for administrative expenses.
SEC. 3. BOARD OF DIRECTORS.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (in this Act referred to as the ``Board''),
which shall consist of 15 Directors, each of whom shall be a
United States citizen.
(2) Education and experience of members.--The members of
the Board must be educated or have actual experience in
minerals production and reclamation of mine lands or mineral
resource financing, law, or research. Not more than 3 members
of the Board at any particular time may be individuals admitted
to engage in, and engaged in, the practice of law in a State.
(3) Representation of diverse areas of expertise.--To the
extent practicable, members of the Board shall represent
diverse areas of expertise relating to mining and mine
reclamation.
(4) Ex officio member.--The Director of the Office of
Surface Mining shall be an ex officio, nonvoting member of the
Board.
(5) Appointment and terms.--
(A) In general.--Within one year after the date of
enactment of this Act, the Secretary of the Interior
shall appoint the Directors of the Board. Thereafter
the Secretary shall no longer have such authority, and
subsequent appointments shall be made by the Chairman
with the advice and consent of a majority of the Board.
(B) Terms, generally.--Except as provided in
subparagraph (C), directors shall be appointed for a
term of 6 years.
(C) Initial appointments.--Of the members initially
appointed--
(i) one-third shall be appointed for a term
of 2 years; and
(ii) one-third shall be appointed for a
term of 4 years.
(D) Vacancies.--A vacancy on the Board shall be
filled within 120 days after the occurrence of such
vacancy, in the manner of which the original
appointment was made.
(E) Limitation.--No individual may serve more than
12 consecutive years as a Director.
(6) Removal.--If a Director misses three consecutive
meetings of the Board, that individual may be removed from the
Board by a majority vote of the Board of Directors and that
vacancy filled in accordance with this subsection.
(7) Non-federal status.--Appointment as a Director of the
Board shall not constitute employment by, or the holding of an
office of, the United States for the purposes of any Federal
law.
(b) Chairman.--The Chairman shall be elected by the Board from its
members. An individual shall serve for a 2-year term as Chairman, and
may be reelected to the post during the individual's tenure as a
Director.
(c) Quorum.--A majority of the current voting membership of the
Board shall constitute a quorum for the transaction of business.
(d) Meetings.--The Board shall meet at the call of the Chairman at
least once each year.
(e) Reimbursement of Expenses.--Voting members of the Board shall
serve without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of their duties for the Foundation. Such reimbursement may not exceed
such amount as would be authorized under section 5703 of title 5,
United States Code, for the payment of expenses and allowances for
individuals employed intermittently in the Federal Government service.
(f) General Powers.--The Board may complete the organization of the
Foundation by--
(1) appointing officers and employees (subject to
subsection (g)(1));
(2) adopting a constitution and bylaws consistent with the
purpose of the Foundation under section 2(b) and the other
provisions of section 2; and
(3) undertaking other such acts as may be necessary to
function and to carry out this Act.
(g) Officers and Employees.--Officers and employees of the
Foundation--
(1) may not be appointed until the Foundation has
sufficient funds to pay for their services;
(2) shall be appointed without regard to the provisions of
title 5, United States Code, governing appointment in the
competitive service; and
(3) may 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.
SEC. 4. CORPORATE POWERS AND OBLIGATIONS.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, possessions of the United States, and in Canada
and Mexico;
(3) shall have an office in the metropolitan area of the
District of Columbia which shall at all times maintain a
designated agent in the District of Columbia to accept services
of processes for the Foundation;
(4) may maintain as many offices as deemed necessary,
including project offices, by the Board outside of the
metropolitan area of the District of Columbia, including an
office in Albuquerque, New Mexico, or Denver, Colorado; and
(5) shall at all times maintain a designated agent in the
District of Columbia authorized to accept services of process
for the Foundation.
(b) Notice and Service of Process.--The serving of notice to, or
service of process upon, the agent required under subsection (a)(3), or
mailed to the business address of such agent, shall be deemed as
service upon or notice to the Foundation.
(c) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(d) Powers.--
(1) In general.--To carry out its purpose, the Foundation
shall have, in addition to powers otherwise authorized under
this Act, other than the power to issue securities of pay
dividends.
(2) Included powers.--The powers of the Foundation under
this subsection include the power to--
(A) accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, either absolutely or
in trust, of real or personal property or any income
therefrom or other interest therein;
(B) unless otherwise required by the instrument of
transfer by which the Foundation acquires property,
sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom;
(C) borrow money and issue bonds, debentures, or
other debt instruments;
(D) sue and be sued, and complain and defend itself
in any court of competent jurisdiction (except that the
Directors of the Board shall not be personally liable,
except for gross negligence);
(E) enter into contracts or other arrangements with
public agencies, private organizations, and persons,
and to make such payments as may be necessary to carry
out the purposes thereof; and
(F) do any and all acts necessary and proper to
carry out the purposes of the Foundation.
(e) Acquisition of Property.--
(1) In general.--In addition to its powers under subsection
(f), the Foundation may acquire, hold, and dispose of lands,
waters, or other interests in real property by donation, gift,
devise, purchase or exchange.
(2) Exemption from condemnation.--No lands or waters, or
interest therein, that are owned by the Foundation and are
determined by the Secretary to be valuable for purposes
established in this Act shall be subject to condemnation by any
State or political subdivision, or any agent of instrumentality
thereof.
(f) Dissolution.--If the Foundation is dissolved for any reason,
funds remaining in accounts of the Foundation and all assets of the
Foundation shall be donated to the United States and available to the
Secretary of the Interior for use in reclamation of abandoned mine
lands.
SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT.
(a) Startup Funds.--For the purposes of assisting the Foundation in
establishing an office and meeting initial administrative, project, and
other startup expenses, the Secretary may provide to the Foundation
$2,000,000 from funds appropriated under section 11(a) for each of
fiscal years 2008 and 2009. Such funds shall remain available to the
Foundation until they are expended.
(b) Administrative Expenses.--
(1) In general.--The Secretary may provide the Foundation
use of the Department of the Interior personnel, facilities,
and equipment, subject to such limitations, terms, and
conditions as the Secretary shall establish.
(2) Reimbursement.--The Secretary.--
(A) may require the Foundation to reimburse the
Secretary for the costs of providing personnel,
facilities, and equipment under this subsection; and
(B) shall require such reimbursement beginning upon
the end of the 5-year period beginning on the date of
the enactment of this Act.
SEC. 6. AUDITS AND REPORT REQUIREMENT.
(a) Audits.--For purposes of section 10101 of title 36, United
States Code, the Foundation shall be treated as a corporation in part B
of subtitle II of such title.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Committee on Natural Resources
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report of its proceedings and activities
during such fiscal year, including--
(1) a full and complete statement of its receipts,
expenditures, and investments;
(2) a description of all acquisition and disposal of real
property by the Foundation; and
(3) a detailed statement of the recipient, amount, and
purpose of each grant made by the Foundation.
SEC. 7. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO
ACT.
The Attorney General of the United States may petition in the
United States District Court for the District of Columbia for such
equitable relief as may be necessary or appropriate if the Foundation--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with its purpose set
forth in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this chapter, or threatens to do so.
SEC. 8. UNITED STATES RELEASE FROM LIABILITY.
The United States shall not be liable for any debts, defaults,
acts, of omissions of the Foundation nor shall the full faith and
credit of the United States extend to any obligations of the
Foundation.
SEC. 9. ACTIVITIES OF THE FOUNDATION AND DEPARTMENT OF THE INTERIOR.
The activities of the Foundation authorized under this Act shall be
supplemental to, and shall not preempt, any authority or responsibility
of the Department of the Interior under any other provision of law.
SEC. 10. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Minerals
Reclamation Foundation established by this Act.
(3) Interest in real property.--The term ``Interest in real
property'' includes mineral rights, right of way, and
easements, appurtenant or in gross.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Split estate lands.--The term ``split estate lands''
means lands with respect to which the surface is or will be in
non-Federal ownership and a mineral interest is owned by the
United States.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Start-up Funds.--There is authorized to be appropriated to the
Secretary $4,000,000 to carry out section 5(a).
(b) Matching Funds.--There is authorized to be appropriated to the
Secretary $3,000,000 for each of fiscal years 2009 through 2013, which
shall be made available by the Secretary to the Foundation to match, on
a one-for-one basis, private contributions made to the Foundation. | Minerals Reclamation Foundation Establishment Act of 2007 - Establishes the Minerals Reclamation Foundation as a charitable, nonprofit, non-federal entity to: (1) obtain gifts, devises, and bequests of real and personal property for abandoned mine lands projects that further the conservation of natural, scenic, historic, scientific, educational, wildlife habitat, or recreational resources; (2) foster compensation or approved and authorized offsite mitigation for ongoing mining on federal lands, state lands, and split estate lands; and (3) work with other persons, including foundations, to foster wider public knowledge of issues related to mineral resource extraction, reclamation, and sustainable development, including minerals education. | {"src": "billsum_train", "title": "To establish the Minerals Reclamation Foundation, and for other purposes."} | 3,192 | 146 | 0.709049 | 1.957903 | 0.802391 | 6.851563 | 23.1875 | 0.992188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Jobs and Tax Relief
Act of 2010''.
SEC. 2. EXTEND TEMPORARY BONUS DEPRECIATION FOR CERTAIN PROPERTY.
(a) Extension of Special Allowance.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2011'' and inserting
``January 1, 2012'', and
(B) by striking ``January 1, 2010'' each place it
appears and inserting ``January 1, 2011''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``January 1, 2010''
and inserting ``January 1, 2011''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2010'' and inserting ``pre-january 1,
2011''.
(C) Subparagraph (B) of section 168(l)(5) of such
Code is amended by striking ``January 1, 2010'' and
inserting ``January 1, 2011''.
(D) Subparagraph (C) of section 168(n)(2) of such
Code is amended by striking ``January 1, 2010'' and
inserting ``January 1, 2011''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2010'' and
inserting ``January 1, 2011''.
(b) Extension of Election To Accelerate the AMT and Research
Credits in Lieu of Bonus Depreciation.--Section 168(k)(4) of such Code
(relating to election to accelerate the AMT and research credits in
lieu of bonus depreciation) is amended--
(1) by striking ``2009'' and inserting ``2010'' in
subparagraph (D)(iii) (as redesignated by subsection (a)(3)),
and
(2) by adding at the end the following new subparagraph:
``(I) Special rules for extension property.--
``(i) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008--
``(I) the taxpayer may elect not to
have this paragraph apply to extension
property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer a separate bonus depreciation
amount, maximum amount, and maximum
increase amount shall be computed and
applied to eligible qualified property
which is extension property and to
eligible qualified property which is
not extension property.
``(ii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
did not make the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2009, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is extension
property.
``(iii) Extension property.--For purposes
of this subparagraph, the term `extension
property' means property which is eligible
qualified property solely by reason of the
extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 3(a) of the Small
Business Jobs and Tax Relief Act of 2010 (and
the application of such extension to this
paragraph pursuant to the amendment made by
section 3(b)(1) of such Act).
``(b) Limitation.--The amount taken into account under subsection
(a) shall not exceed $1,500 for each vehicle on which an idling
reduction device is affixed.''.
(c) Effective Dates.--The amendments made by this section shall
apply to property placed in service after December 31, 2009, in taxable
years ending after such date.
SEC. 3. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP
EXPENDITURES.
(a) In General.--Subsection (b) of section 195 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(3) Special rule for taxable years beginning in 2009,
2010, or 2011.--In the case of a taxable year beginning in
2010, 2011, or 2012, paragraph (1)(A)(ii) shall be applied--
``(A) by substituting `$20,000' for `$5,000', and
``(B) by substituting `$75,000' for `$50,000'.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.
SEC. 4. REMOVAL OF CELLULAR TELEPHONES (OR SIMILAR TELECOMMUNICATIONS
EQUIPMENT) FROM LISTED PROPERTY.
(a) In General.--Subparagraph (A) of section 280F(d)(4) of the
Internal Revenue Code (defining listed property) is amended by
inserting ``and'' at the end of clause (iv), by striking clause (v),
and by redesignating clause (vi) as clause (v).
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after January 1, 2009.
SEC. 5. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE
SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK.
(a) In General.--Subparagraph (B) of section 465(b)(6) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(B) Qualified nonrecourse financing.--For
purposes of this paragraph--
``(i) In general.--The term `qualified
nonrecourse financing' means any financing--
``(I) which is qualified real
property financing or qualified SBIC
financing,
``(II) except to the extent
provided in regulations, with respect
to which no person is personally liable
for repayment, and
``(III) which is not convertible
debt.
``(ii) Qualified real property financing.--
The term `qualified real property financing'
means any financing which--
``(I) is borrowed by the taxpayer
with respect to the activity of holding
real property,
``(II) is secured by real property
used in such activity, and
``(III) is borrowed by the taxpayer
from a qualified person or represents a
loan from any Federal, State, or local
government or instrumentality thereof,
or is guaranteed by any Federal, State,
or local government.
``(iii) Qualified sbic financing.--The term
`qualified SBIC financing' means any financing
which--
``(I) is borrowed by a small
business investment company (within the
meaning of section 301 of the Small
Business Investment Act of 1958),
``(II) is secured by property used
or held, directly or indirectly, by
such small business investment company,
and
``(III) is borrowed from, or
guaranteed by, the Small Business
Administration under the authority of
section 303(b) of such Act.''.
(b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6)
of such Code is amended--
(1) by striking ``in the case of an activity of holding
real property,'', and
(2) by striking ``which is secured by real property used in
such activity''.
(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. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL
BUSINESS STOCK.
(a) In General.--Subsection (a) of section 1202 of the Internal
Revenue Code of 1986 (relating partial exclusion for gain from certain
small business stock) is amended by adding at the end the following new
paragraph:
``(4) 100 exclusion for stock acquired during 2010.--In the
case of qualified small business stock acquired during 2010--
``(A) paragraph (1) shall be applied by
substituting `100 percent' for `50 percent',
``(B) paragraph (2) shall not apply, and
``(C) paragraph (7) of section 57(a) shall not
apply.''.
(b) Conforming Amendment.--Paragraph (3) of section 1202 (a) of
such Code is amended--
(1) by striking ``and 2010'' in the heading, and
(2) by striking ``January 1, 2011'' and inserting ``January
1, 2010''.
(c) Effective Date.--The amendments made by this section shall
apply to stock acquired after December 31, 2009. | Small Business Jobs and Tax Relief Act of 2010 - Amends the Internal Revenue Code to: (1) extend through 2011 bonus depreciation for certain depreciable business property; (2) extend through 2010 the election to accelerate the alternative minimum tax (AMT) and research tax credits in lieu of bonus depreciation; (3) increase in 2010, 2011, and 2012, the tax deduction for business start-up expenditures; (4) remove restrictions on the tax deduction for employee use of cellular telephones; (5) revise the definition of "qualified nonrecourse financing" to include qualified nonrecourse real property or Small Business Investment Company financing as amounts at risk for purposes of determining the deductibility of losses from certain investment activities, including farming, leasing, and energy exploration; and (6) allow a 100% exclusion from gross income in 2010 of gain from the sale of qualified small business stock. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage the creation and growth of small business and reduce the cost of complying with the tax requirements."} | 2,086 | 187 | 0.539442 | 1.40437 | 0.886877 | 1.959064 | 10.754386 | 0.80117 |
SECTION 1. SHORT TITLE AND REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Medicare and
Medicaid Payment Integrity Act of 1995''.
(b) References in Act.--The amendments in this Act apply to the
Social Security Act unless otherwise specifically stated.
SEC. 2. FINDING AND STATEMENT OF PURPOSES.
(a) Finding.--The Congress finds that the cost of fraud and abuse
of health care services is a significant part of every dollar spent on
those services.
(b) Purposes.--It is the purpose of this Act to direct the
Secretary of Health and Human Services to move aggressively and broadly
against these drains on Federal and State health care resources, and to
provide a new, cost-effective source of funding for the benefit quality
assurance program.
SEC. 3. FRAUD AND ABUSE CONTROL FUND.
(a) In General.--Part A of title XI is amended by adding at the end
the following:
``fraud and abuse control fund
``Sec. 1145. (a) The Secretary shall, directly or through
contractual or other arrangements and with appropriate coordination
with the States, take all steps necessary to assure the accuracy of
payments from the trust funds established under title XVIII (referred
to herein as the `Medicare Trust Funds') and the appropriation for
payments to States to carry out title XIX (referred to herein as the
`Medicaid appropriation') and otherwise assure the appropriateness of
expenditures from such Funds and such appropriation. To carry out this
responsibility, the Secretary shall place particular emphasis on the
development of and experimentation with innovative or rigorous
techniques and approaches to identifying, investigating, and
eliminating fraudulent or abusive practices that burden the Medicare
Trust Funds or the Medicaid appropriation.
``(b) To provide a reliable source of funding to support the
Secretary's activities under subsection (a) and encourage cost-
effective innovation, there is established in the Treasury of the
United States a fund to be known as the `HHS Fraud and Abuse Control
Fund' (referred to herein as the `Fund').
``(c) There shall be deposited in the Fund--
``(1) that portion of amounts recovered in relation to
section 1128A arising out of a claim under title XIX or title
XVIII as remains after application of subsection (f)(1)
(pertaining to reimbursement of a State's share of recoveries
relating to title XIX) or subsection (f)(2) (relating to
repayment of the Medicare Trust Funds) of that section, as may
be applicable,
``(2) payments made pursuant to a court or administrative
order or voluntary settlement agreement to reimburse for all or
part of the costs of investigations, audits, and monitoring of
compliance plans, conducted by the Department of Health and
Human Services that relate to the programs under title XVIII or
XIX, and
``(3) penalties and damages imposed (other than funds
awarded to a relator or for restitution) under sections 3729
through 3732 of title 31, United States Code (pertaining to
false claims) in cases involving claims relating to programs
under title XVIII or XIX (to the extent the amounts deposited
in the Fund under paragraphs (1) and (2) in a fiscal year are
less than $2,000,000).
``(d) Amounts deposited in the Fund shall be available to the
Secretary (without the necessity for any provision therefor in
appropriations Acts) until expended for payment of expenses incurred in
carrying out subsection (a).
``(e) No more than $2,000,000 may be deposited in the Fund in any
fiscal year.''.
(b) Initial Deposit in HHS Fraud and Abuse Control Fund.--There is
authorized to be appropriated for fiscal year 1996 an amount (to be
deposited in the HHS Fraud and Abuse Control Fund established by
section 1145(b) of the Social Security Act) for the initial
implementation of activities under section 1145(a) of that Act (subject
to section 1145(e) of that Act).
(c) Conforming Amendment.--Section 1128A(f) (42 U.S.C. 1320a-7a(f))
is amended--
(1) by renumbering paragraph (3) as paragraph (4), and
(2) by inserting after paragraph (2) the following:
``(3) Additional amounts (subject to section 1145(e)) shall be
deposited in the HHS Fraud and Abuse Control Fund established by
section 1145(b).''.
(d) Effective Date.--Sections 1145(c) and 1128A(f)(3) of the Social
Security Act (as enacted and amended by subsections (a) and (c) of this
section) apply to amounts recovered, payments made, and penalties and
damages imposed, after fiscal year 1995.
SEC. 4. MEDICARE BENEFIT QUALITY ASSURANCE PROGRAM.
(a) In General.--Part C of title XVIII is amended by inserting
after section 1888 the following new section:
``benefit quality assurance program
``Sec. 1889. (a)(1) In order to improve the effectiveness of
benefit quality assurance activities relating to programs under this
title, and to enhance the Secretary's capability to carry out program
safeguard functions and related education activities to avoid the
improper expenditure of assets of the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, the
Secretary shall enter into contracts with organizations or other
entities having demonstrated capability to carry out one or more of the
functions specified in subsection (e). The provisions of sections 1816
and 1842 shall be inapplicable to contracts under this section. The
requirements of sections 1816 and 1842 relating to activities to be
carried out instead through a contract under this section shall be
deemed to have been met by such contract.
``(2) The Secretary shall determine the number of separate
contracts which are necessary to achieve, with the maximum degree of
efficiency and cost effectiveness, the objectives of this section. The
Secretary may enter into contracts under this section at such time or
times as are appropriate so long as not later than the fiscal year
beginning October 1, 1998, and for each fiscal year thereafter, there
are in effect contracts that, considered collectively, provide for
benefit quality assurance activities with respect to all payments under
this title.
``(b) A benefit quality assurance contract required under
subsection (a) must provide for one or more benefit quality assurance
program activities. Each such contract shall include an agreement by
the contractor to cooperate with the Inspector General of the
Department of Health and Human Services, and the Attorney General of
the United States, and other law enforcement agencies, as appropriate,
in the investigation and deterrence of fraud and abuse in relation to
this title and in other cases arising out of the activities described
in subsection (e), and shall contain such other provisions as the
Secretary finds necessary or appropriate to achieve the purposes of
this part. The provisions of section 1153(e)(1) shall apply to
contracts and contracting authority under this section, except that
competitive procedures must be used when entering into new contracts
under this section, or at any other time when it is in the best
interests of the Government. A contract under this section may be
renewed from term to term without regard to any provision of law
requiring competition if the contractor has met or exceeded the
performance requirements established in the current contract.
``(c)(1) In carrying out this section, the Secretary may not enter
into a contract with an organization or other entity if the Secretary
determines that such organization's or entity's financial holdings,
interests, or relationships would interfere with its ability to perform
the functions to be required by the contract in an effective and
impartial manner.
``(2) The Secretary shall by regulation provide for the limitation
of a contractor's liability for actions taken to carry out a contract
under this section, and such regulation shall, to the extent the
Secretary finds appropriate, employ the same or comparable standards
and other substantive and procedural provisions as are contained in
section 1157.
``(d) Obligations incurred for benefit quality assurance program
activities shall be paid from amounts available for expenditure in the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, in such amounts as the Secretary shall
deem fair and equitable after taking into consideration the expenses
attributable to each of the programs under this title, but such
obligations shall not exceed, in the aggregate, $396,000,000 for each
of the fiscal years 1996, 1997, and 1998, $408,000,000 for fiscal year
1999, and $426,000,000 for fiscal year 2000. The Secretary shall make
such transfers of moneys between those funds as may be appropriate to
settle accounts between them in cases where expenses properly payable
from one fund have been paid from the other fund.
``(e) For purposes of this section, benefit quality assurance
program activities consist of the following:
``(1) Review of activities of providers of services or
other persons in connection with this title, including medical
and utilization review and fraud review.
``(2) Audit of cost reports.
``(3) Determinations as to whether payment should not be,
or should not have been, made under this title by reason of
section 1862(b), and recovery of payments that should not have
been made.
``(4) Education of providers of services, beneficiaries,
and other persons with respect to payment integrity and benefit
quality assurance issues.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to obligations incurred after fiscal year 1995.
SEC. 5. REDUCTION IN DISCRETIONARY SPENDING LIMITS.
Section 601(a)(2)(F) of the Congressional Budget Act of 1974 is
amended by inserting before the semicolon the following: ``, and
reduced by $398,000,000 in new budget authority and $366,160,000 in
outlays with respect to fiscal year 1996, by $398,000,000 in new budget
authority and $384,181,000 in outlays with respect to fiscal year 1997,
and by $398,000,000 in new budget authority and $392,003,000 in outlays
with respect to fiscal year 1998''. | Medicare and Medicaid Payment Integrity Act of 1995 - Amends part A of title XI of the Social Security Act to establish in the Treasury the HHS Fraud and Abuse Control Fund containing various specified penalties and damages imposed under Federal law, as well as certain other amounts, to combat fraud and abuse under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act. Authorizes appropriations.
Provides for a benefit quality assurance program under the Medicare program for reviewing the activities of service providers and others, auditing cost reports, and other specified activities.
Amends the Congressional Budget Act of 1974 to provide for various specified reductions in discretionary spending limits over a three year period. | {"src": "billsum_train", "title": "Medicare and Medicaid Payment Integrity Act of 1995"} | 2,217 | 159 | 0.519689 | 1.468425 | 0.804195 | 2.580153 | 15.717557 | 0.839695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imported Assault Weapons Ban of
2016''.
SEC. 2. BAN ON IMPORTATION OF SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Prohibitions.--
(1) Importation.--Section 925 of title 18, United States
Code, is amended by adding at the end the following:
``(g) For purposes of subsection (d)(3), a firearm shall not be
considered to be generally recognized as particularly suitable for or
readily adaptable to sporting purposes if the firearm is--
``(1) a semiautomatic assault weapon;
``(2) a semiautomatic rifle that can accept, or be readily
converted to accept, a large capacity ammunition feeding
device;
``(3) a semiautomatic rifle with a fixed magazine with a
capacity of more than 10 rounds of ammunition;
``(4) the frame or receiver of any firearm the importation
of which would be prohibited by reason of this subsection if
assembled; or
``(5) a firearm the importation of which would be
prohibited by reason of this subsection but for the
incorporation into the firearm of a thumbhole stock or any
other characteristic that can function as a grip.''.
(2) Assembly of rifle that would be prohibited from
importation but for incorporation of part made in the united
states.--
(A) In general.--Section 922 of such title is
amended by adding at the end the following:
``(aa) It shall be unlawful to assemble a firearm the importation
of which would be prohibited by reason of section 925(g) but for the
incorporation into the firearm of one or more parts made in the United
States.''.
(B) Penalties.--Section 924(a) of such title is
amended by adding at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(b) Definitions.--Section 921(a) of such title is amended--
(1) by inserting after paragraph (29) the following:
``(30) The term `semiautomatic pistol' means any repeating pistol
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.
``(31) The term `semiautomatic shotgun' means any repeating shotgun
that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round; and
``(B) requires a separate pull of the trigger to fire each
cartridge.''; and
(2) by adding at the end the following:
``(36) The term `semiautomatic assault weapon' means any of the
following, regardless of country of manufacture or caliber of
ammunition accepted:
``(A) A semiautomatic rifle that has the capacity to accept
a detachable magazine and any one of the following:
``(i) A pistol grip.
``(ii) A forward grip.
``(iii) A folding, telescoping, or detachable
stock.
``(iv) A grenade launcher or rocket launcher.
``(v) A barrel shroud.
``(vi) A threaded barrel.
``(B) A semiautomatic rifle that has a fixed magazine with
the capacity to accept more than 10 rounds, except for an
attached tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
``(C) Any part, combination of parts, component, device,
attachment, or accessory that is designed or functions to
accelerate the rate of fire of a semiautomatic rifle but not
convert the semiautomatic rifle into a machinegun.
``(D) A semiautomatic pistol that has the capacity to
accept a detachable magazine and any one of the following:
``(i) A threaded barrel.
``(ii) A second pistol grip.
``(iii) A barrel shroud.
``(iv) The capacity to accept a detachable magazine
at some location outside of the pistol grip.
``(v) A semiautomatic version of an automatic
firearm.
``(E) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(F) A semiautomatic shotgun that has any one of the
following:
``(i) A folding, telescoping, or detachable stock.
``(ii) A pistol grip.
``(iii) A fixed magazine with the capacity to
accept more than 5 rounds.
``(iv) The ability to accept a detachable magazine.
``(v) A forward grip.
``(vi) A grenade launcher or rocket launcher.
``(G) Any shotgun with a revolving cylinder.
``(H) All belt-fed semiautomatic firearms.
``(I) Any combination of parts from which a firearm
described in subparagraphs (A) through (H) can be assembled.
``(J) The frame or receiver of a rifle or shotgun described
in subparagraph (A), (B), (C), (F), (G), or (H).
``(37) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or that
can be readily restored, changed, or converted to accept, more
than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(38) The term `barrel shroud'--
``(A) means a shroud that is attached to, or partially or
completely encircles, the barrel of a firearm so that the
shroud protects the user of the firearm from heat generated by
the barrel; and
``(B) does not include--
``(i) a slide that partially or completely encloses
the barrel; or
``(ii) an extension of the stock along the bottom
of the barrel which does not encircle or substantially
encircle the barrel.
``(39) The term `detachable magazine' means an ammunition feeding
device that can be removed from a firearm without disassembly of the
firearm action.
``(40) The term `fixed magazine' means an ammunition feeding device
that is permanently fixed to the firearm in such a manner that it
cannot be removed without disassembly of the firearm.
``(41) The term `folding, telescoping, or detachable stock' means a
stock that folds, telescopes, detaches or otherwise operates to reduce
the length, size, or any other dimension, or otherwise enhances the
concealability, of a firearm.
``(42) The term `forward grip' means a grip located forward of the
trigger that functions as a pistol grip.
``(43) The term `rocket' means any simple or complex tubelike
device containing combustibles that on being ignited liberate gases
whose action propels the tube through the air and has a propellant
charge of not more than 4 ounces.
``(44) The term `grenade launcher or rocket launcher' means an
attachment for use on a firearm that is designed to propel a grenade,
rocket, or other similar destructive device.
``(45) The term `pistol grip' means a grip, a thumbhole stock, or
any other characteristic that can function as a grip.
``(46) The term `threaded barrel' means a feature or characteristic
that is designed in such a manner to allow for the attachment of a
device such as a firearm silencer or a flash suppressor.
``(47) The term `belt-fed semiautomatic firearm' means any
repeating firearm that--
``(A) utilizes a portion of the energy of a firing
cartridge to extract the fired cartridge case and chamber the
next round;
``(B) requires a separate pull of the trigger to fire each
cartridge; and
``(C) has the capacity to accept a belt ammunition feeding
device.''.
SEC. 3. PUBLICATION OF LIST OF SEMIAUTOMATIC ASSAULT WEAPONS BANNED
FROM IMPORTATION.
Not less frequently than every 12 months, the Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall cause to be
published in the Federal Register--
(1) a list of each firearm the importation of which is
prohibited by reason of the amendments made by section 2; and
(2) a list of each firearm an application for the
importation of which was received by the Bureau, and whether
the application was approved or denied.
SEC. 4. REPORT TO THE CONGRESS.
Within 1 year after the date of the enactment of this Act, the
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives
shall submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
written report on the implementation of this Act. | Imported Assault Weapons Ban of 2016 This bill amends the federal criminal code to prohibit the importation or assembly of certain semiautomatic firearms (or specified parts of such firearms). The Bureau of Alcohol, Tobacco, Firearms, and Explosives must publish a list of firearms banned from importation by the bill. | {"src": "billsum_train", "title": "Imported Assault Weapons Ban of 2016"} | 2,200 | 81 | 0.549004 | 1.279008 | 0.061774 | 3.545455 | 35.345455 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurial Equity Capital
Formation Act''.
TITLE I--TAX-FREE CONVERSIONS OF SPECIALIZED SMALL BUSINESS INVESTMENT
COMPANIES INTO PASS-THRU ENTITIES
SEC. 101. MODIFICATIONS TO PROVISIONS RELATING TO REGULATED INVESTMENT
COMPANIES.
(a) In General.--Section 851 of the Internal Revenue Code of 1986
(relating to definition of regulated investment company) is amended by
adding at the end the following new subsection:
``(i) Special Rules for Specialized Small Business Investment
Companies.--
``(1) In general.--For purposes of determining whether a
specialized small business investment company is a regulated
investment company for purposes of this subchapter--
``(A) income derived in connection with activities
as a specialized small business investment company
(including compensation for services rendered in
connection with investments made as part of such
activities) shall be treated as qualifying income under
subsection (b)(2),
``(B) subsection (b)(3) shall not apply, and
``(C) the requirements of subsection (b)(4) shall
be treated as met if, at the close of each quarter of
the taxable year, at least 50 percent of the value of
its total assets is represented by--
``(i) assets described in subsection
(b)(4)(A)(i), and
``(ii) other investments permitted under
the Small Business Investment Act of 1958.
``(2) Waiver of distribution requirement; certain earnings
and profits disregarded.--In the case of a specialized small
business investment company--
``(A) section 852(a)(1) and section 4982(a) shall
not apply, and
``(B) earning and profits accumulated while the
company is a specialized small business investment
company shall be disregarded for purposes of section
852(a)(2).
``(3) Specialized small business investment company.--For
purposes of this subsection, the term `specialized small
business investment company' means any corporation which--
``(A) as of September 30, 1996, held a license to
operate under section 301(d) of the Small Business
Investment Act of 1958, or
``(B) holds a license from the Small Business
Administration, issued after such date, to operate as a
specialized small business investment company.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.
SEC. 102. TAX-FREE REORGANIZATION OF SPECIALIZED SMALL BUSINESS
INVESTMENT COMPANY AS A PARTNERSHIP.
(a) In General.--If, during the 180-day period beginning on the
date of the enactment of this Act, a corporation which is a specialized
small business investment company transfers substantially all of its
assets to a partnership (including its license to operate as a
specialized small business investment company) solely in exchange for
partnership interests in such partnership, no gain or loss shall be
recognized to the corporation on such a transfer if--
(1) immediately after such exchange, such corporation holds
partnership interests in such partnership having a value equal
to at least 80 percent of the total value of all partnership
interests in such partnership, and
(2) before the close of such period, such corporation
transfers all partnership interests held by the corporation in
such partnership, and all remaining assets of the corporation,
to its shareholders in the complete liquidation of such
corporation.
If, prior to the date of enactment of this Act or at any time before
the close of the 120-day period beginning on such date, a corporation
files an application with the Small Business Administration for
approval of a transfer described in the preceding sentence, the 180-day
period referred to in the preceding sentence shall not expire before
the date which is 180 days after the date such Administration grants
preliminary approval of such transfer.
(b) Nonrecognition of Gain or Loss to Corporation on Distribution
of Partnership Interests.--In the case of any distribution of a
partnership interest acquired by the liquidating corporation in an
exchange to which subsection (a) applies--
(1) no gain or loss shall be recognized to the liquidating
corporation by reason of such distribution, and
(2) such distribution shall not be treated as a sale or
exchange for purposes of section 708(b)(1)(B) of the Internal
Revenue Code of 1986.
(c) Gain Recognized by Shareholders on Receipt of Property Other
Than Partnership Interests.--
(1) In general.--No gain or loss shall be recognized to a
shareholder of a corporation on the transfer of such
shareholder's stock in such corporation to such corporation
solely in exchange for a partnership interest in the
partnership referred to in subsection (a)(1).
(2) Receipt of property.--If paragraph (1) would apply to
an exchange but for the fact that there is received, in
addition to the partnership interests permitted to be received
under paragraph (1), other property or money, then--
(A) gain (if any) to such recipient shall be
recognized, but not in excess of--
(i) the amount of money received, plus
(ii) the fair market value of such other
property received, and
(B) no loss to such recipient shall be recognized.
(d) Basis.--The basis of property received in any exchange to which
this section applies shall be determined in accordance with rules
similar to the rules of section 358 of the Internal Revenue Code of
1986.
(e) Imposition of Tax in Certain Cases.--If, at any time during the
3-year period beginning on the date of the transfer referred to in
subsection (a) to a partnership, such partnership ceases its investment
activities or ceases to have at least 75 percent of the value of its
assets (at cost) represented by investments permitted for specialized
small business investment companies under the Small Business Investment
Act of 1958, there is hereby imposed a tax on the income of such
partnership equal to the aggregate amount of tax which would have been
imposed under chapter 1 of the Internal Revenue Code of 1986 but for
subsections (a) and (b). Any tax imposed by this subsection shall be
treated for purposes of such Code as a tax imposed by chapter 1.
(f) Specialized Small Business Investment Company.--For purposes of
this section, the term ``specialized small business investment
company'' has the meaning given such term by section 1202(k) of the
Internal Revenue Code of 1986 (as added by this Act).
TITLE II--ADDITIONAL INCENTIVES RELATED TO INVESTING IN SPECIALIZED
SMALL BUSINESS INVESTMENT COMPANIES
SEC. 201. EXPANSION OF NONRECOGNITION TREATMENT FOR SECURITIES GAIN
ROLLED OVER INTO SPECIALIZED SMALL BUSINESS INVESTMENT
COMPANIES.
(a) Extension of Rollover Period.--Paragraph (1) of section 1044(a)
of the Internal Revenue Code of 1986 (relating to nonrecognition of
gain) is amended by striking ``60-day period'' and inserting ``180-day
period''.
(b) Increase of Maximum Exclusion.--
(1) In general.--Paragraphs (1) and (2) of section 1044(b)
of such Code (relating to limitations) are amended to read as
follows:
``(1) Limitation on individuals.--In the case of an
individual, the amount of gain which may be excluded under
subsection (a) for any taxable year shall not exceed--
``(A) $750,000, reduced by
``(B) the amount of gain excluded under subsection
(a) for all preceding taxable years.
``(2) Limitation on C corporations.--In the case of a C
corporation, the amount of gain which may be excluded under
subsection (a) for any taxable year shall not exceed--
``(A) $2,000,000, reduced by
``(B) the amount of gain excluded under subsection
(a) for all preceding taxable years.''
(2) Conforming amendment.--Subparagraph (A) of section
1044(b)(3) of such Code (relating to special rules for married
individuals) is amended to read as follows:
``(A) Separate returns.--In the case of a separate
return by a married individual, paragraph (1) shall be
applied by substituting `$375,000' for `$750,000'.''
(c) Extension to Preferred Stock.--Paragraph (1) of section 1044(a)
of such Code is amended by striking ``common''.
(d) Definition of Specialized Small Business Investment Company.--
Paragraph (3) of section 1044(c) of such Code (relating to definitions
and special rules) is amended to read as follows:
``(3) Specialized small business investment company.--The
term `specialized small business investment company' means any
partnership or corporation which--
``(A) as of September 30, 1996, is licensed by the
Small Business Administration under section 301(d) of
the Small Business Investment Act of 1958, or
``(B) holds a license from the Small Business
Administration, issued after such date, to operate as a
specialized small business investment company.''
(e) Effective Date.--The amendments made by this section shall
apply to sales occurring after the date of the enactment of this Act.
SEC. 202. MODIFICATIONS TO EXCLUSION FOR GAIN FROM QUALIFIED SMALL
BUSINESS STOCK.
(a) In General.--Section 1202 of the Internal Revenue Code of 1986
(relating to 50-percent exclusion for gain from certain small business
stock) is amended by redesignating subsection (k) as subsection (l) and
by inserting after subsection (j) the following new subsection:
``(k) Special Rules for Specialized Small Business Investment
Companies.--
``(1) Increase in exclusion; corporate investors
eligible.--In the case of--
``(A) the sale or exchange of stock in a
specialized small business investment company, and
``(B) any amount treated under subsection (g) or
paragraph (2) of this subsection as gain described in
subsection (a) by reason of the holding, sale, or
exchange of an interest in a specialized small business
investment company,
subsection (a) shall be applied by substituting `60 percent'
for `50 percent' and, in the case of interests acquired after
the date of the enactment of this subsection, without being
limited to taxpayers other than corporations.
``(2) Exclusion allowable for certain gain on sale or
exchange of interests in certain specialized small business
investment companies.--
``(A) In general.--If any interest in a specialized
small business investment company which is a pass-thru
entity (as defined in subsection (g)(4)) is sold or
exchanged, gain on such sale or exchange shall be
treated as gain described in subsection (a) to the
extent attributable to unrealized small business stock
gain.
``(B) Unrealized small business stock gain.--For
purposes of subparagraph (A), the term `unrealized
small business stock gain' means the amount which would
be eligible gain if the qualified small business stock
held by such company had been sold at the time of the
sale of the interest referred to in subparagraph (A).
``(C) Certain rules to apply.--Rules similar to the
rules of paragraphs (2)(B) and (3) of subsection (g)
shall apply for purposes of this subsection.
``(3) Application of active business requirement to stock
held by specialized small business investment companies.--For
purposes of determining whether stock held by a specialized
small business investment company is qualified small business
stock, subsection (e) shall be applied by treating as a
qualified trade or business any trade or business in which such
company is permitted to invest under the Small Business
Investment Act of 1958.
``(4) Specialized small business investment company.--For
purposes of this subsection, the term `specialized small
business investment company' means any partnership or
corporation which--
``(A) as of September 30, 1996, is licensed by the
Small Business Administration under section 301(d) of
the Small Business Investment Act of 1958, or
``(B) holds a license from the Small Business
Administration, issued after such date, to operate as a
specialized small business investment company.''
(b) Definition of Specialized Small Business Investment Company for
Purposes of Waiver of Active Business Requirement.--Subparagraph (B) of
section 1202(c)(2) of such Code is amended to read as follows:
``(B) Special rule for specialized small business
investment companies.--Notwithstanding any provision of
subsection (e), a corporation shall be treated as
meeting the active business requirements of such
subsection for any period during which such corporation
qualifies as a specialized small business investment
company (as defined in subsection (k)(4)).''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | TABLE OF CONTENTS:
Title I: Tax-Free Conversions of Specialized Small Business
Investment Companies Into Pass-Thru Entities
Title II: Additional Incentives Related to Investing in
Specialized Small Business Investment Companies
Entrepreneurial Equity Capital Formation Act -
Title I: Tax-Free Conversions of Specialized Small Business Investment Companies Into Pass-Thru Entities
- Amends the Internal Revenue Code to set forth special rules for determining whether a specialized small business investment company is a regulated investment company, to define such a company, to waive the distribution requirement for such a company, and to disregard certain earnings and profits of such a company.
Permits the tax-free reorganization of a specialized small investment company as a partnership if the reorganization is carried out within a specified time period following enactment and other specified conditions are met.
Title II: Additional Incentives Related to Investing in Specialized Small Business Investment Companies
- Sets forth additional tax incentives for investing in specialized small business investment companies. | {"src": "billsum_train", "title": "Entrepreneurial Equity Capital Formation Act"} | 2,939 | 237 | 0.586809 | 1.541824 | 0.81244 | 3.296875 | 13.598958 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Rewards Program
Update and Technical Corrections Act of 2012''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Department of State's existing rewards programs permit
the payment of reward for information leading to the arrest or
conviction of--
(A) individuals who have committed, or attempted or
conspired to commit, certain acts of international terrorism;
(B) individuals who have committed, or attempted or
conspired to commit, certain narcotics-related offenses; and
(C) individuals who have been indicted by certain
international criminal tribunals.
(2) The Department of State considers the rewards program to be
``one of the most valuable assets the U.S. Government has in the
fight against international terrorism''. Since the program's
inception in 1984, the United States Government has rewarded over
60 people who provided actionable information that, according to
the Department of State, prevented international terrorist attacks
or helped convict individuals involved in terrorist attacks.
(3) The program has been credited with providing information in
several high-profile cases, including the arrest of Ramzi Yousef,
who was convicted in the 1993 bombing of the World Trade Center,
the deaths of Uday and Qusay Hussein, who United States military
forces located and killed in Iraq after receiving information about
their locations, and the arrests or deaths of several members of
the Abu Sayyaf group, believed to be responsible for the
kidnappings and deaths of United States citizens and Filipinos in
the Philippines.
(b) Sense of Congress.--It is the sense of Congress that the
rewards program of the Department of State should be expanded in order
to--
(1) address the growing threat to important United States
interests from transnational criminal activity, such as
intellectual property rights piracy, money laundering, trafficking
in persons, arms trafficking, and cybercrime; and
(2) target other individuals indicted by international, hybrid,
or mixed tribunals for genocide, war crimes, or crimes against
humanity.
SEC. 3. ENHANCED REWARDS AUTHORITY.
Section 36 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``serious violations of
international humanitarian law, transnational organized crime,''
after ``international narcotics trafficking,'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Attorney General'' and inserting ``heads of other relevant
departments or agencies'';
(B) in paragraphs (4) and (5), by striking ``paragraph (1),
(2), or (3)'' both places it appears and inserting ``paragraph
(1), (2), (3), (8), or (9)'';
(C) in paragraph (6)--
(i) by inserting ``or transnational organized crime
group'' after ``terrorist organization''; and
(ii) by striking ``or'' at the end;
(D) in paragraph (7)--
(i) in the matter preceding subparagraph (A), by
striking ``, including the use by the organization of
illicit narcotics production or international narcotics
trafficking'' and inserting ``or transnational organized
crime group, including the use by such organization or
group of illicit narcotics production or international
narcotics trafficking'';
(ii) in subparagraph (A), by inserting ``or
transnational organized crime'' after ``international
terrorism''; and
(iii) in subparagraph (B)--
(I) by inserting ``or transnational organized crime
group'' after ``terrorist organization''; and
(II) by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following new paragraphs:
``(8) the arrest or conviction in any country of any individual
for participating in, primarily outside the United States,
transnational organized crime;
``(9) the arrest or conviction in any country of any individual
conspiring to participate in or attempting to participate in
transnational organized crime; or
``(10) the arrest or conviction in any country, or the transfer
to or conviction by an international criminal tribunal (including a
hybrid or mixed tribunal), of any foreign national accused of war
crimes, crimes against humanity, or genocide, as defined under the
statute of such tribunal.'';
(3) in subsection (g), by adding at the end the following new
paragraph:
``(3) Advance notification for international criminal tribunal
rewards.--Not less than 15 days before publicly announcing that a
reward may be offered for a particular foreign national accused of
war crimes, crimes against humanity, or genocide, the Secretary of
State shall submit to the appropriate congressional committees a
report, which may be submitted in classified form if necessary,
setting forth the reasons why the arrest or conviction of such
foreign national is in the national interests of the United
States.''; and
(4) in subsection (k)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(7) and (8), respectively; and
(B) by inserting after paragraph (4) the following new
paragraphs:
``(5) Transnational organized crime.--The term `transnational
organized crime' means--
``(A) racketeering activity (as such term is defined in
section 1961 of title 18, United States Code) that involves at
least one jurisdiction outside the United States; or
``(B) any other criminal offense punishable by a term of
imprisonment of at least four years under Federal, State, or
local law that involves at least one jurisdiction outside the
United States and that is intended to obtain, directly or
indirectly, a financial or other material benefit.
``(6) Transnational organized crime group.--The term
`transnational organized crime group' means a group of persons that
includes one or more citizens of a foreign country, exists for a
period of time, and acts in concert with the aim of engaging in
transnational organized crime.''.
SEC. 4. TECHNICAL CORRECTION.
Section 36(e)(1) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended by striking ``The Secretary shall
authorize a reward of $50,000,000 for the capture or death or
information leading to the capture or death of Osama bin Laden.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed as authorizing the use of activity precluded under the
American Servicemembers' Protection Act of 2002 (title II of Public Law
107-206; 22 U.S.C. 7421 et seq.).
SEC. 6. FUNDING.
The Secretary of State shall use amounts appropriated or otherwise
made available to the Emergencies in the Diplomatic and Consular
Services account of the Department of State to pay rewards authorized
pursuant to this Act and to carry out other activities related to such
rewards authorized under section 36 of the State Department Basic
Authorities Act (22 U.S.C. 2708).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Department of State Rewards Program Update and Technical Corrections Act of 2012 - (Sec. 2) Expresses the sense of Congress that the Department of State rewards program should be expanded to: (1) address the threat to U.S. interests from transnational criminal activity, such as intellectual property rights piracy, money laundering, trafficking in persons, arms trafficking, and cyber crime; and (2) target individuals indicted by international, hybrid, or mixed tribunals for genocide, war crimes, or crimes against humanity.
(Sec. 3) Amends the State Department Basic Authorities Act of 1956 to include in the program's purpose the prevention of acts of transnational organized crime and violations of international humanitarian law.
Authorizes the Secretary of State to issue rewards for information leading to: (1) the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime; (2) the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; or (3) the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal, of any foreign national accused of war crimes, crimes against humanity, or genocide.
Directs the Secretary to notify Congress at least 15 days before announcing a reward for a foreign national accused of war crimes, crimes against humanity, or genocide.
(Sec. 4) Eliminates program references to the reward for the capture or death of Osama bin Laden.
(Sec. 5) States that nothing in this Act shall be construed as authorizing the use of activity precluded under the American Servicemembers' Protection Act of 2002.
(Sec. 6) States that the Secretary shall use amounts available to the Department's Emergencies in the Diplomatic and Consular Services account to pay rewards authorized pursuant to this Act and to carry out other related activities. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of State to pay a reward to combat transnational organized crime and for information concerning foreign nationals wanted by international criminal tribunals, and for other purposes."} | 1,651 | 415 | 0.694842 | 2.382177 | 0.946084 | 5.577657 | 4.133515 | 0.950954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Coverage Protection
Act''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.) is amended by adding at the end the following:
``SEC. 714. LIMITATION ON LIFETIME AGGREGATE LIMITS.
``(a) In General.--A group health plan and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not impose an aggregate dollar lifetime limit of less
than--
``(1) with respect to the first 2 plan years after the
effective date of this section, $5,000,000;
``(2) with respect to the third and fourth plan years after
such date, $10,000,000; and
``(3) with respect to each subsequent year, the amount for
the previous year adjusted by the percentage increase in the
consumer price index (for all urban consumers) for such year;
with respect to benefits payable under the plan or coverage.
``(b) Small Employers.--
``(1) In general.--Subsection (a) shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) offered to or
maintained for employees of a small employer, except that upon
the request of such a small employer, the plan involved shall
provide for the application of an aggregate dollar lifetime
limit that is consistent with the limit required under such
subsection.
``(2) Small employer.--For purposes of paragraph (1), the
term `small employer' means an employer who normally employed
fewer than 20 employees on a typical business day during the
preceding calendar year and who employs fewer than 20 employees
on the first day of the plan year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the number of employees that
it is reasonably expected such employer will normally
employ on a typical business day in the current
calendar year.
``(C) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Definition.--In this section, the term `aggregate dollar
lifetime limit' means, with respect to benefits under a group health
plan or health insurance coverage, a dollar limitation on the total
amount that may be paid with respect to such benefits under the plan or
health insurance coverage with respect to an individual or other
coverage unit.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act, is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Limitation on lifetime aggregate limits''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after the date that is
1 year after the date of enactment of this Act.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE
GROUP MARKET.
(a) In General.--Subpart 2 of part A of title XXVII of the Public
Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at
the end the following:
``SEC. 2707. LIMITATION ON LIFETIME AGGREGATE LIMITS.
``(a) In General.--A group health plan and a health insurance
issuer providing health insurance coverage in connection with a group
health plan, may not impose an aggregate dollar lifetime limit of less
than--
``(1) with respect to the first 2 plan years after the
effective date of this section, $5,000,000;
``(2) with respect to the third and fourth plan years after
such date, $10,000,000; and
``(3) with respect to each subsequent year, the amount for
the previous year adjusted by the percentage increase in the
consumer price index (for all urban consumers) for such year;
with respect to benefits payable under the plan or coverage.
``(b) Small Employers.--
``(1) In general.--Subsection (a) shall not apply to any
group health plan (and group health insurance coverage offered
in connection with a group health plan) offered to or
maintained for employees of a small employer, except that upon
the request of such a small employer, the plan involved shall
provide for the application of an aggregate dollar lifetime
limit that is consistent with the limit required under such
subsection.
``(2) Small employer.--For purposes of paragraph (1), the
term `small employer' means an employer who normally employed
fewer than 20 employees on a typical business day during the
preceding calendar year and who employs fewer than 20 employees
on the first day of the plan year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection--
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the number of employees that
it is reasonably expected such employer will normally
employ on a typical business day in the current
calendar year.
``(C) Predecessors.--Any reference in this
subsection to an employer shall include a reference to
any predecessor of such employer.
``(c) Definition.--In this section, the term `aggregate dollar
lifetime limit' means, with respect to benefits under a group health
plan or health insurance coverage, a dollar limitation on the total
amount that may be paid with respect to such benefits under the plan or
health insurance coverage with respect to an individual or other
coverage unit.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to plan years beginning on or after the date that is 1
year after the date of enactment of this Act.
SEC. 4. STUDY BY THE INSTITUTE OF MEDICINE.
The Secretary of Health and Human Services shall enter into a
contract with the Institute of Medicine for the conduct of a study to
determine the number of individuals who have reached the lifetime
limitations set forth in the amendments made by this Act beginning in
the third plan year for which such amendments apply. Not later than 1
year after the date on which the study is conducted under the previous
sentence, the Institute of Medicine shall submit to the Secretary and
the appropriate committees of Congress a report concerning the results
of the study. | Health Insurance Coverage Protection Act - Amends the Employee Retirement Income Security Act (ERISA) and the Public Health Service Act to prohibit a group health plan from imposing an aggregate lifetime benefit limit of less than: (1) $5 million for the first two plan years; (2) $10 million for the third and fourth plan years; and (3) adjusted amounts based on the consumer price index for subsequent plan years. Excludes from such prohibition a group health plan offered to employees of a small employer, except upon request of the employer for a consistent limit.
Requires the Secretary of Health and Human Services to contract with the Institute of Medicine for a study to determine the number of individuals who have reached the lifetime limitations set forth in this Act. | {"src": "billsum_train", "title": "A bill to impose a limitation on lifetime aggregate limits imposed by health plans."} | 1,656 | 156 | 0.555681 | 1.339728 | 0.706228 | 3.605442 | 10.421769 | 0.884354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Broadcasting Consolidation
and Deficit Reduction Act of 1993''.
TITLE I--REDUCTION IN GOVERNMENT-FUNDED RADIO AND TELEVISION
BROADCASTING OVERSEAS
SEC. 101. PROHIBITION ON USE OF FUNDS FOR ISRAEL RADIO TRANSMITTER
FACILITY.
None of the funds appropriated or otherwise made available under
any provision of law may be used for the design, construction, or
operation of a radio transmitter facility in Israel.
SEC. 102. TERMINATION OF USIA TELEVISION MARTI PROGRAM.
(a) Repeal.--Part D of title II of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246),
relating to television broadcasting to Cuba, is repealed.
(b) Conforming Amendments.--Section 5 of the Radio Broadcasting to
Cuba Act (22 U.S.C. 1465c) is amended--
(1) in subsection (a), by striking ``Advisory Board for
Cuba Broadcasting'' and inserting ``Advisory Board for Radio
Broadcasting to Cuba'';
(2) in subsection (b), by striking ``the Television
Broadcasting to Cuba Act''; and
(3) by amending subsection (d) to read as follows:
``(d) The head of the Cuba Service shall serve, ex officio, as a
member of the Board.''.
(c) References.--A reference in any provision of law to the
``Advisory Board for Cuba Broadcasting'' shall be considered to be a
reference to the ``Advisory Board for Radio Broadcasting to Cuba''.
SEC. 103. TERMINATION OF AUTHORITY OF USIA SATELLITE AND TELEVISION.
(a) Repeal.--Section 505 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1464a) is repealed.
(b) Conforming Amendment.--Section 506 of such Act is redesignated
as section 505 of such Act.
TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS
SEC. 201. DEFINITIONS.
For purposes of this title, unless otherwise provided or indicated
by the context--
(1) the term ``Federal agency'' has the meaning given to
the term ``agency'' by section 551(1) of title 5, United States
Code;
(2) the term ``function'' means any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program;
(3) the term ``transferee agency'' means the United States
Information Agency (acting through the Bureau for
Broadcasting); and
(4) the term ``transferor agency'' means the Board for
International Broadcasting.
SEC. 202. TRANSFER OF FUNCTIONS.
There are transferred to the transferee agency all functions which
the head of the transferor agency exercised before the effective date
of this title (including all related functions of any officer or
employee of the transferor agency).
SEC. 203. DETERMINATIONS OF CERTAIN FUNCTIONS BY THE OFFICE OF
MANAGEMENT AND BUDGET.
If necessary, the Office of Management and Budget shall make any
determination of the functions that are transferred under section 202.
SEC. 204. PERSONNEL PROVISIONS.
(a) Appointments.--The head of the transferee agency may appoint
and fix the compensation of such officers and employees as may be
necessary to carry out the respective functions transferred under this
title. Except as otherwise provided by law, such officers and employees
shall be appointed in accordance with the civil service laws and their
compensation fixed in accordance with title 5, United States Code.
(b) Experts and Consultants.--The head of the transferee agency may
obtain the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, and compensate such
experts and consultants for each day (including traveltime) at rates
not in excess of the rate of pay for level IV of the Executive Schedule
under section 5315 of such title. The head of the transferee agency may
pay experts and consultants who are serving away from their homes or
regular place of business travel expenses and per diem in lieu of
subsistence at rates authorized by sections 5702 and 5703 of such title
for persons in Government service employed intermittently.
SEC. 205. DELEGATION AND ASSIGNMENT.
Except where otherwise expressly prohibited by law or otherwise
provided by this title, the head of the transferee agency may delegate
any of the functions transferred to the head of the transferee agency
by this title and any function transferred or granted to such head of
the transferee agency after the effective date of this title to such
officers and employees of the transferee agency as the head of the
transferee agency may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions by the head of the transferee agency under this
section or under any other provision of this title shall relieve such
head of the transferee agency of responsibility for the administration
of such functions.
SEC. 206. REORGANIZATION.
The head of the transferee agency is authorized to allocate or
reallocate any function transferred under section 202 among the
officers of the transferee agency, and to establish, consolidate,
alter, or discontinue such organizational entities in the transferee
agency as may be necessary or appropriate.
SEC. 207. RULES.
The head of the transferee agency is authorized to prescribe, in
accordance with the provisions of chapters 5 and 6 of title 5, United
States Code, such rules and regulations as the head of the transferee
agency determines necessary or appropriate to administer and manage the
functions of the transferee agency.
SEC. 208. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
Except as otherwise provided in this title, the personnel employed
in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, used, held, arising from,
available to, or to be made available in connection with the functions
transferred by this title, subject to section 1531 of title 31, United
States Code, shall be transferred to the transferee agency. Unexpended
funds transferred pursuant to this section shall be used only for the
purposes for which the funds were originally authorized and
appropriated.
SEC. 209. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, at such time
or times as the Director shall provide, is authorized to make such
determinations as may be necessary with regard to the functions
transferred by this title, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of this
title. The Director of the Office of Management and Budget shall
provide for the termination of the affairs of all entities terminated
by this title and for such further measures and dispositions as may be
necessary to effectuate the purposes of this title.
SEC. 210. EFFECT ON PERSONNEL.
(a) In General.--Except as otherwise provided by this title, the
transfer pursuant to this title of full-time personnel (except special
Government employees) and part-time personnel holding permanent
positions shall not cause any such employee to be separated or reduced
in grade or compensation for one year after the date of transfer of
such employee under this title.
(b) Executive Schedule Positions.--Except as otherwise provided in
this title, any person who, on the day preceding the effective date of
this title, held a position compensated in accordance with the
Executive Schedule prescribed in chapter 53 of title 5, United States
Code, and who, without a break in service, is appointed in the
transferee agency to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate provided for
such previous position, for the duration of the service of such person
in such new position.
SEC. 211. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
title, and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the head of the transferee agency or other authorized
official, a court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the transferor agency at the time this title
takes effect, with respect to functions transferred by this title but
such proceedings and applications shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this title had
not been enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this subsection shall be deemed to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this title had
not been enacted.
(c) Suits Not Affected.--The provisions of this title shall not
affect suits commenced before the effective date of this title, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this title
had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the transferor agency, or by or against any
individual in the official capacity of such individual as an officer of
the transferor agency, shall abate by reason of the enactment of this
title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the transferor agency relating to a
function transferred under this title may be continued by the
transferee agency with the same effect as if this title had not been
enacted.
SEC. 212. SEPARABILITY.
If a provision of this title or its application to any person or
circumstance is held invalid, neither the remainder of this title nor
the application of the provision to other persons or circumstances
shall be affected.
SEC. 213. TRANSITION.
The head of the transferee agency is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the transferor agency with respect to functions
transferred to the transferee agency by this title; and
(2) funds appropriated to such functions for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this title.
SEC. 214. REFERENCES.
Reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or relating
to--
(1) the head of the transferor agency with regard to
functions transferred under section 202, shall be deemed to
refer to the head of the transferee agency; and
(2) the transferor agency with regard to functions
transferred under section 202, shall be deemed to refer to the
transferee agency.
SEC. 215. DEVELOPMENT OF CONSOLIDATION PLAN.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Director of the United States Information
Agency, after consultation with the appropriate congressional
committees, shall submit to those committees a plan for the
consolidation of the functions transferred under section 202 with the
existing broadcasting activities carried out by the Bureau for
Broadcasting.
(b) Contents of Plan.--Such plan shall include--
(1) a proposal for the reduction of broadcasting activities
by RFE/RL, Inc., during the 36-month period which begins on the
date of submission of the plan; and
(2) any recommendations for legislative changes as may be
necessary.
SEC. 216. REPEAL.
The Board for International Broadcasting Act of 1973 (22 U.S.C.
2871 et seq.) is repealed.
SEC. 217. EFFECTIVE DATE.
This title shall take effect 12 months after its date of enactment. | Overseas Broadcasting Consolidation and Deficit Reduction Act of 1993 -
Title I: Reduction in Government-Funded Radio and Television Broadcasting Overseas
- Prohibits the use of funds for the design, construction, or operation of a radio transmitter facility in Israel.
Repeals the Television Broadcasting to Cuba Act.
Repeals a provision of the United States Information and Educational Exchange Act of 1948 which authorizes a U.S. Information Agency satellite and television program.
Title II: Transfer of Functions and Savings Provisions
- Transfers all functions of the Board for International Broadcasting to the U.S. Information Agency.
Requires the Director of the U.S. Information Agency to submit to the appropriate congressional committees a plan for the consolidation of transferred functions with existing activities of the Bureau for Broadcasting that includes: (1) a proposal for the reduction of broadcasting activities by Radio Free Europe/Radio Liberty; and (2) recommendations for necessary legislative changes.
Repeals the Board for International Broadcasting Act. | {"src": "billsum_train", "title": "Overseas Broadcasting Consolidation and Deficit Reduction Act of 1993"} | 3,000 | 236 | 0.620328 | 1.783634 | 0.799218 | 3.767568 | 14.259459 | 0.902703 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Assistance
Act of 1999''.
SEC. 2. DISASTER ASSISTANCE TO REOPEN SMALL BUSINESS CONCERNS AND
AGRICULTURAL ENTERPRISES.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) in subsection (b), by inserting before the undesignated
paragraph that begins with ``No loan under this subsection,''
the following:
``(4) In accordance with subsection (o), the Administration may
make grants and loans under this subsection.''; and
(2) by adding at the end the following:
``(o) Disaster Assistance Programs To Reopen Small Business
Concerns and Agricultural Enterprises.--
``(1) Grant program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make grants to
small business concerns and agricultural enterprises
following a natural or other disaster to assist such
concerns and enterprises in reopening for business.
``(B) Eligibility.--A small business concern or
agricultural enterprise may receive a grant under this
paragraph only if it--
``(i) was a viable business concern (as
determined by the Administration) at the time
of the disaster; and
``(ii) is likely to be a viable business
concern (as determined by the Administration)
after receiving assistance under this
subsection.
``(C) Maximum.--The Administration may make no
grant under this paragraph that exceeds $30,000.
``(D) Timing.--In making grants under this
paragraph, the Administration shall disburse grant
funds as soon as is practicable after a disaster.
``(2) Loan program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make loans to small
business concerns following a natural or other disaster
to assist such concerns in reopening and remaining open for business.
``(B) Direct and guaranteed loans permissible.--The
Administration may make loans under this paragraph
either directly or in cooperation with banks or other
lending institutions through agreements to participate
on an immediate or deferred (guaranteed) basis.
``(C) Repayment.--
``(i) One-year deferral.--The
Administration may not require the borrower
with respect to a loan made under this
paragraph to repay any principal of the loan,
or any interest on such principal, before the
date that is 1 year after the date on which the
proceeds of the loan are disbursed.
``(ii) Application of repaid amounts.--The
Administration shall apply all amounts repaid
with respect to a loan made under this
paragraph--
``(I) to the principal of the loan;
and
``(II) to the extent that such
amounts are sufficient, to the interest
on such principal.
``(3) Limitation on eligibility.--Notwithstanding any other
provision of this subsection, the Administration may not make
assistance available under this subsection to any person,
concern, or enterprise that is in default of any outstanding--
``(A) Federal obligation;
``(B) child support obligation; or
``(C) judgment of a Federal of State court.
``(4) Use of proceeds.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
the recipient to--
``(A) agree to use the proceeds of such grant or
loan only to repair or replace items and structures
that were lost or damaged as a result of a disaster;
and
``(B) agree not to use any of the proceeds of such
grant or loan for relocation, unless the recipient is
directed by a government agency to relocate for safety,
health, or mitigation purposes.
``(5) Flood insurance.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
each recipient that operates in a location that the
Administration determines is prone to flooding--
``(A) to obtain flood insurance, or to ensure that
such insurance is obtained, for the maximum insurable
value of the concern's structure (whether owned or
leased) and the contents of such structure; and
``(B) to maintain such flood insurance for the
period of time that the concern continues to operate in
such a location.
``(6) Agricultural enterprises.--
``(A) Defined.--In this subsection, the term
`agricultural enterprise' means--
``(i) an agricultural enterprise within the
meaning of the term under section 3(a); and
``(ii) a farm not larger than a family farm
within the meaning of such term under section
321 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961).
``(B) Consultation requirement.--Before issuing
regulations to implement paragraph (1), the
Administration shall consult with the Secretary of
Agriculture with respect to the effect of such
regulations on agricultural enterprises.''.
SEC. 3. CONFORMING AMENDMENT.
Section 4(f)(1) (15 U.S.C. 633(f)(1)) of the Small Business Act is
amended by striking ``section 462(b) of the Social Security Act'' and
inserting ``section 459 of the Social Security Act''.
SEC. 4. APPLICABILITY.
The amendments made by section 2 shall apply to any major disaster
declared after September 1, 1999. | Authorizes the SBA to make loans, either directly or through banks or other lending institutions, to small businesses following a natural or other disaster to assist such businesses in reopening. Outlines loan requirements, including requiring businesses operating in flood-prone areas to carry flood insurance. | {"src": "billsum_train", "title": "Small Business Disaster Assistance Act of 1999"} | 1,249 | 61 | 0.522743 | 1.268133 | 0.912279 | 2.607843 | 22.490196 | 0.764706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Income to Respond to
Significant Transitions Insurance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nearly every industrialized nation other than the
United States, and most developing nations, provide parents
with paid leave for infant care.
(2)(A) Parents' interactions with their infants have a
major influence on the physical, cognitive, and social
development of the infants; and
(B) optimal development of an infant depends on a strong
attachment between an infant and the infant's parents.
(3) Nearly two-thirds of employees, who need to take family
or medical leave, but do not take the leave, report that they
cannot afford to take the leave.
(4) Although some employees in the United States receive
wage replacement during periods of family or medical leave, the
benefit of wage replacement is not shared equally in the
workforce, as demonstrated by the fact that--
(A) employees with less education and lower income
are less likely to receive wage replacement than
employees with more education and higher salaries; and
(B) female employees, employees from racial
minority groups, and younger employees are slightly
less likely to receive wage replacement than male
employees, white employees, and older employees,
respectively.
(5) In order to cope financially with taking family or
medical leave, of persons taking that leave without full wage
replacement--
(A) 40 percent cut their leave short;
(B) 39 percent put off paying bills;
(C) 25 percent borrowed money; and
(D) 9 percent obtained public assistance.
(6) Taking family or medical leave often drives employees
earning low wages into poverty, and 21 percent of such low-wage
employees who take family or medical leave without full wage
replacement resort to public assistance.
(7) Studies document shortages in the supply of infant
care, and that the shortages are expected to worsen as welfare
reform measures are implemented.
(8) Compared to 30 years ago, families have experienced an
average decrease of 22 hours per week in time that parents
spend with their children.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a demonstration program that supports the
efforts of States and political subdivisions to provide partial
or full wage replacement, often referred to as FIRST insurance,
to new parents so that the new parents are able to spend time
with a new infant or newly adopted child, and to other
employees; and
(2) to learn about the most effective mechanisms for
providing the wage replacement assistance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting after consultation with the Secretary of
Health and Human Services.
(2) Son or daughter; state.--The terms ``son or daughter''
and ``State'' have the meanings given the terms in section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
SEC. 5. DEMONSTRATION PROJECTS.
(a) Grants.--The Secretary shall make grants to eligible entities
to pay for the Federal share of the cost of carrying out projects that
assist families by providing, through various mechanisms, wage
replacement for eligible individuals responding to caregiving needs
resulting from the birth or adoption of a son or daughter or other
family caregiving needs. The Secretary shall make the grants for
periods of 5 years.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a State or political subdivision of a
State.
(c) Use of Funds.--
(1) In general.--An entity that receives a grant under this
section may use the funds made available through the grant to
provide partial or full wage replacement as described in
subsection (a) to eligible individuals--
(A) directly;
(B) through an insurance program, such as a State
temporary disability insurance program or the State
unemployment compensation benefit program;
(C) through a private disability or other insurance
plan, or another mechanism provided by a private
employer; or
(D) through another mechanism.
(2) Administrative costs.--No entity may use more than 10
percent of the total funds made available through the grant
during the 5-year period of the grant to pay for the
administrative costs relating to a project described in
subsection (a).
(d) Eligible Individuals.--To be eligible to receive wage
replacement under subsection (a), an individual shall--
(1) meet such eligibility criteria as the eligible entity
providing the wage replacement may specify in an application
described in subsection (e); and
(2) be--
(A) an individual who is taking leave, under the
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.), other Federal, State, or local law, or a private
plan, for a reason described in subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(a)(1));
(B) at the option of the eligible entity, an
individual who--
(i) is taking leave, under that Act, other
Federal, State, or local law, or a private
plan, for a reason described in subparagraph
(C) or (D) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)); or
(ii) leaves employment because the
individual has elected to care for a son or
daughter under age one; or
(C) at the option of the eligible entity, an
individual with other characteristics specified by the
eligible entity in an application described in
subsection (e).
(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary, at
such time, in such manner, and containing such information as the
Secretary may require, including, at a minimum--
(1) a plan for the project to be carried out with the
grant;
(2) information demonstrating that the applicant consulted
representatives of employers and employees, including labor
organizations, in developing the plan;
(3) estimates of the costs and benefits of the project;
(4)(A) information on the number and type of families to be
covered by the project, and the extent of such coverage in the
area served under the grant; and
(B) information on any criteria or characteristics that the
entity will use to determine whether an individual is eligible
for wage replacement under subsection (a), as described in
paragraphs (1) and (2)(C) of subsection (d);
(5) if the project will expand on State and private systems
of wage replacement for eligible individuals, information on
the manner in which the project will expand on the systems;
(6) information demonstrating the manner in which the wage
replacement assistance provided through the project will assist
families in which an individual takes leave as described in
subsection (d)(1); and
(7) an assurance that the applicant will participate in
efforts to evaluate the effectiveness of the project.
(f) Selection Criteria.--In selecting entities to receive grants
for projects under this section, the Secretary shall--
(1) take into consideration--
(A) the scope of the proposed projects;
(B) the cost-effectiveness, feasibility, and
financial soundness of the proposed projects;
(C) the extent to which the proposed projects would
expand access to wage replacement in response to family
caregiving needs, particularly for low-wage employees,
in the area served by the grant; and
(D) the benefits that would be offered to families
and children through the proposed projects; and
(2) to the extent feasible, select entities proposing
projects that utilize diverse mechanisms, including expansion
of State unemployment compensation benefit programs and
establishment or expansion of State temporary disability
insurance programs, to provide the wage replacement.
(g) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be--
(A) 50 percent for the first year of the grant
period;
(B) 40 percent for the second year of that period;
(C) 30 percent for the third year of that period;
and
(D) 20 percent for each subsequent year.
(2) Non-federal share.--The non-Federal share of the cost
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services and may be provided from State, local,
or private sources, or Federal sources other than this Act.
(h) Supplement Not Supplant.--Funds appropriated pursuant to the
authority of this Act shall be used to supplement and not supplant
other Federal, State, and local public funds and private funds expended
to provide wage replacement.
(i) Effect on Existing Rights.--Nothing in this Act shall be
construed to supersede, preempt, or otherwise infringe on the
provisions of any collective bargaining agreement or any employment
benefit program or plan that provides greater rights to employees than
the rights established under this Act.
SEC. 6. EVALUATIONS AND REPORTS.
(a) Available Funds.--The Secretary shall use not more than 2
percent of the funds made available under section 5 to carry out this
section.
(b) Evaluations.--The Secretary shall, directly or by contract,
evaluate the effectiveness of projects carried out with grants made
under section 5, including conducting--
(1) research relating to the projects, including research
comparing--
(A) the scope of the projects, including the type
of insurance or other wage replacement mechanism used,
the method of financing used, the eligibility
requirements, the level of the wage replacement benefit
provided (such as the percentage of salary replaced),
and the length of the benefit provided, for the
projects;
(B) the utilization of the projects, including the
characteristics of individuals who benefit from the
projects, particularly low-wage workers, and factors
that determine the ability of eligible individuals to
obtain wage replacement through the projects; and
(C) the costs of and savings achieved by the
projects, including the cost-effectiveness of the
projects and their benefits for children and families;
(2) analysis of the overall need for wage replacement; and
(3) analysis of the impact of the projects on the overall
availability of wage replacement.
(c) Reports.--
(1) Initial report.--Not later than 3 years after the
beginning of the grant period for the first grant made under
section 5, the Secretary shall prepare and submit to Congress a
report that contains information resulting from the evaluations
conducted under subsection (b).
(2) Subsequent reports.--Not later than 4 years after the
beginning of that grant period, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
contains--
(A) information resulting from the evaluations
conducted under subsection (b); and
(B) usage data for the demonstration projects, for
the most recent year for which data are available.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$400,000,000 for fiscal year 2002 and such sums as may be necessary for
each subsequent fiscal year. | Family Income to Respond to Significant Transitions Insurance Act - Directs the Secretary of Labor to make grants to a State or local government to pay for the Federal share of the cost of carrying out projects that assist families by providing wage replacement for eligible individuals who are responding to caregiving needs resulting from the birth or adoption of a son or daughter or other family caregiving needs. | {"src": "billsum_train", "title": "To establish demonstration projects to provide family income to respond to significant transitions, and for other purposes."} | 2,378 | 79 | 0.398082 | 1.044787 | 0.27473 | 7.314286 | 33.728571 | 0.971429 |
TITLE I--CALIFORNIA TRAIL INTERPRETIVE CENTER
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Trail Interpretive
Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the nineteenth-century westward movement in the United
States over the California National Historic Trail, which occurred
from 1840 until the completion of the transcontinental railroad in
1869, was an important cultural and historical event in--
(A) the development of the western land of the United
States; and
(B) the prevention of colonization of the west coast by
Russia and the British Empire;
(2) the movement over the California Trail was completed by
over 300,000 settlers, many of whom left records or stories of
their journeys; and
(3) additional recognition and interpretation of the movement
over the California Trail is appropriate in light of--
(A) the national scope of nineteenth-century westward
movement in the United States; and
(B) the strong interest expressed by people of the United
States in understanding their history and heritage.
(b) Purposes.--The purposes of this title are--
(1) to recognize the California Trail, including the Hastings
Cutoff and the trail of the ill-fated Donner-Reed Party, for its
national, historical, and cultural significance; and
(2) to provide the public with an interpretive facility devoted
to the vital role of trails in the West in the development of the
United States.
SEC. 103. DEFINITIONS.
In this title:
(1) California trail.--The term ``California Trail'' means the
California National Historic Trail, established under section
5(a)(18) of the National Trails System Act (16 U.S.C. 1244(a)(18)).
(2) Center.--The term ``Center'' means the California Trail
Interpretive Center established under section 104(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.
(a) Establishment.--
(1) In general.--In furtherance of the purposes of section 7(c)
of the National Trails System Act (16 U.S.C. 1246(c)), the
Secretary may establish an interpretation center to be known as the
``California Trail Interpretive Center'', near the city of Elko,
Nevada.
(2) Purpose.--The Center shall be established for the purpose
of interpreting the history of development and use of the
California Trail in the settling of the West.
(b) Master Plan Study.--To carry out subsection (a), the Secretary
shall--
(1) consider the findings of the master plan study for the
California Trail Interpretive Center in Elko, Nevada, as authorized
by page 15 of Senate Report 106-99; and
(2) initiate a plan for the development of the Center that
includes--
(A) a detailed description of the design of the Center;
(B) a description of the site on which the Center is to be
located;
(C) a description of the method and estimated cost of
acquisition of the site on which the Center is to be located;
(D) the estimated cost of construction of the Center;
(E) the cost of operation and maintenance of the Center;
and
(F) a description of the manner and extent to which non-
Federal entities shall participate in the acquisition and
construction of the Center.
(c) Implementation.--To carry out subsection (a), the Secretary
may--
(1) acquire land and interests in land for the construction of
the Center by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange;
(2) provide for local review of and input concerning the
development and operation of the Center by the Advisory Board for
the National Historic California Emigrant Trails Interpretive
Center of the city of Elko, Nevada;
(3) periodically prepare a budget and funding request that
allows a Federal agency to carry out the maintenance and operation
of the Center;
(4) enter into a cooperative agreement with--
(A) the State, to provide assistance in--
(i) removal of snow from roads;
(ii) rescue, firefighting, and law enforcement
services; and
(iii) coordination of activities of nearby law
enforcement and firefighting departments or agencies; and
(B) a Federal, State, or local agency to develop or operate
facilities and services to carry out this title; and
(5) notwithstanding any other provision of law, accept
donations of funds, property, or services from an individual,
foundation, corporation, or public entity to provide a service or
facility that is consistent with this title, as determined by the
Secretary, including 1-time contributions for the Center (to be
payable during construction funding periods for the Center after
the date of enactment of this Act) from--
(A) the State, in the amount of $3,000,000;
(B) Elko County, Nevada, in the amount of $1,000,000; and
(C) the city of Elko, Nevada, in the amount of $2,000,000.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$12,000,000.
TITLE II--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Education Land Grant Act''.
SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR
EDUCATIONAL PURPOSES.
(a) Authority To Convey.--Upon written application, the Secretary
of Agriculture may convey National Forest System lands to a public
school district for use for educational purposes if the Secretary
determines that--
(1) the public school district seeking the conveyance will use
the conveyed land for a public or publicly funded elementary or
secondary school, to provide grounds or facilities related to such
a school, or for both purposes;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise needed for the
purposes of the National Forest System;
(4) the total acreage to be conveyed does not exceed the amount
reasonably necessary for the proposed use;
(5) the land is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and the conveyance would serve public objectives (either
locally or at large) that outweigh the objectives and values which
would be served by maintaining such land in Federal ownership;
(6) the applicant is financially and otherwise capable of
implementing the proposed project;
(7) the land to be conveyed has been identified for disposal in
an applicable land and resource management plan under the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.); and
(8) an opportunity for public participation in a disposal under
this section has been provided, including at least one public
hearing or meeting, to provide for public comments.
(b) Acreage Limitation.--A conveyance under this section may not
exceed 80 acres. However, this limitation shall not be construed to
preclude an entity from submitting a subsequent application under this
section for an additional land conveyance if the entity can demonstrate
to the Secretary a need for additional land.
(c) Costs and Mineral Rights.--(1) A conveyance under this section
shall be for a nominal cost. The conveyance may not include the
transfer of mineral or water rights.
(2) If necessary, the exact acreage and legal description of the
real property conveyed under this title shall be determined by a survey
satisfactory to the Secretary and the applicant. The cost of the survey
shall be borne by the applicant.
(d) Review of Applications.--When the Secretary receives an
application under this section, the Secretary shall--
(1) before the end of the 14-day period beginning on the date
of the receipt of the application, provide notice of that receipt
to the applicant; and
(2) before the end of the 120-day period beginning on that
date--
(A) make a final determination whether or not to convey
land pursuant to the application, and notify the applicant of
that determination; or
(B) submit written notice to the applicant containing the
reasons why a final determination has not been made.
(e) Reversionary Interest.--If, at any time after lands are
conveyed pursuant to this section, the entity to whom the lands were
conveyed attempts to transfer title to or control over the lands to
another or the lands are devoted to a use other than the use for which
the lands were conveyed, title to the lands shall revert to the United
States.
TITLE III--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA
STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT
SEC. 301. AUTHORIZATION OF STUDY.
(a) Definitions.--For the purposes of this section:
(1) Golden spike rail study.--The term ``Golden Spike Rail
Study'' means the Golden Spike Rail Feasibility Study,
Reconnaissance Survey, Ogden, Utah to Golden Spike National
Historic Site'', National Park Service, 1993.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Study area.--The term ``Study Area'' means the Golden
Spike/Crossroads of the West National Heritage Area Study Area, the
boundaries of which are described in subsection (d).
(b) In General.--The Secretary shall conduct a study of the Study
Area which includes analysis and documentation necessary to determine
whether the Study Area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of American
heritage worthy of recognition, conservation, interpretation, and
continuing use, and are best managed through partnerships among
public and private entities;
(2) reflects traditions, customs, beliefs, and folk-life that
are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity capable
of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments who have
demonstrated support for the concept of a National Heritage Area;
and
(7) has a potential management entity to work in partnership
with residents, business interests, nonprofit organizations, and
local and State governments to develop a National Heritage Area
consistent with continued local and State economic activity.
(c) Consultation.--In conducting the study, the Secretary shall--
(1) consult with the State Historic Preservation Officer, State
Historical Society, and other appropriate organizations; and
(2) use previously completed materials, including the Golden
Spike Rail Study.
(d) Boundaries of Study Area.--The Study Area shall be comprised of
sites relating to completion of the first transcontinental railroad in
the State of Utah, concentrating on those areas identified on the map
included in the Golden Spike Rail Study.
(e) Report.--Not later than 3 fiscal years after funds are first
made available to carry out this section, the Secretary shall submit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
findings and conclusions of the study and recommendations based upon
those findings and conclusions.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the provisions of this section.
SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Crossroads of the West Historic District; and
(2) to enhance cultural and compatible economic redevelopment
within the District.
(b) Definitions.--For the purposes of this section:
(1) District.--The term ``District'' means the Crossroads of
the West Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic buildings and any
other structure that the Secretary determines to be eligible for
listing on the National Register of Historic Places.
(c) Crossroads of the West Historic District.--
(1) Establishment.--There is established the Crossroads of the
West Historic District in the city of Ogden, Utah.
(2) Boundaries.--The boundaries of the District shall be the
boundaries depicted on the map entitled ``Crossroads of the West
Historic District'', numbered OGGO-20,000, and dated March 22,
2000. The map shall be on file and available for public inspection
in the appropriate offices of the Department of the Interior.
(d) Development Plan.--The Secretary may make grants and enter into
cooperative agreements with the State of Utah, local governments, and
nonprofit entities under which the Secretary agrees to pay not more
than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources within
the District;
(2) implementation of projects approved by the Secretary under
the development plan described in paragraph (1); and
(3) an analysis assessing measures that could be taken to
encourage economic development and revitalization within the
District in a manner consistent with the District's historic
character.
(e) Restoration, Preservation, and Interpretation of Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of Utah, local governments,
and nonprofit entities owning property within the District under
which the Secretary may--
(A) pay not more than 50 percent of the cost of restoring,
repairing, rehabilitating, and improving historic
infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties within
the District.
(2) Non-federal contributions.--When determining the cost of
restoring, repairing, rehabilitating, and improving historic
infrastructure within the District for the purposes of paragraph
(1)(A), the Secretary may consider any donation of property,
services, or goods from a non-Federal source as a contribution of
funds from a non-Federal source.
(3) Provisions.--A cooperative agreement under paragraph (1)
shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the property
except with the agreement of the property owner, the Secretary,
and any Federal agency that may have regulatory jurisdiction
over the property; and
(C) any construction grant made under this section shall be
subject to an agreement that provides--
(i) that conversion, use, or disposal of the project so
assisted for purposes contrary to the purposes of this
section shall result in a right of the United States to
compensation from the beneficiary of the grant; and
(ii) for a schedule for such compensation based on the
level of Federal investment and the anticipated useful life
of the project.
(4) Applications.--
(A) In general.--A property owner that desires to enter
into a cooperative agreement under paragraph (1) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
management plan developed for the District.
(B) Consideration.--In making such funds available under
this subsection, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section not more than
$1,000,000 for any fiscal year and not more than $5,000,000 total.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Prescribes implementation guidelines, requiring the Secretary to: (1) consider the findings of the master plan study for such Center in Elko, Nevada; and (2) initiate a Center development plan.
Authorizes appropriations.
Title II: Conveyance of National Forest System Lands for Educational Purposes
- Education Land Grant Act - Authorizes the Secretary of Agriculture, upon written application, to convey National Forest System lands to a public school district for use for educational purposes if the Secretary makes specified determinations.
Sets forth an 80-acre conveyance limitation. Prohibits the transfer of mineral or water rights with such conveyance. Declares that title shall revert to the United States if there is any subsequent attempt to convey such lands to another entity, or the lands are devoted to a use other than for educational purposes.
Title III: Golden Spike-Crossroads of the West National Heritage Area Study Area and the Crossroads of the West Historic District
- Instructs the Secretary of the Interior to study and report to certain congressional committees on whether the West National Heritage Area Study Area should be developed as a National Heritage Area. Authorizes appropriations.
Establishes the Crossroads of the West Historic District (District) in the City of Ogden, Utah. Authorizes the Secretary to make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the expenses for: (1) Development Plan preparation; and (2) District historic infrastructure rehabilitation.
Prescribes implementation guidelines. Authorizes appropriations. | {"src": "billsum_train", "title": "California Trail Interpretive Act"} | 3,651 | 357 | 0.424515 | 1.422143 | 0.712418 | 4.605351 | 11.183946 | 0.906355 |
SECTION 1. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM
FEDERAL PRISON INDUSTRIES.
(a) Requirements.--The Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.) is amended by adding at the end the following new
section:
``SEC. 43. GOVERNMENTWIDE PROCUREMENT POLICY RELATING TO PURCHASES FROM
FEDERAL PRISON INDUSTRIES.
``(a) Competition Required.--In the procurement of any product that
is authorized to be offered for sale by Federal Prison Industries and
is listed in the catalog published and maintained by Federal Prison
Industries under section 4124(b) of title 18, United States Code, the
head of an executive agency shall, except as provided in subsection
(d)--
``(1) use competitive procedures for entering into a
contract for the procurement of such product, in accordance
with the requirements applicable to such executive agency under
sections 2304 and 2305 of title 10, United States Code, or
sections 303 through 303C of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253 through
253c); or
``(2) make an individual purchase under a multiple award
contract in accordance with competition requirements applicable
to such purchases.
``(b) Offers From Federal Prison Industries.--In conducting a
procurement pursuant to subsection (a), the head of an executive agency
shall--
``(1) notify Federal Prison Industries of the procurement
at the same time and in the same manner as other potential
offerors are notified; and
``(2) consider a timely offer from Federal Prison
Industries for award in the same manner as other offers
(regardless of whether Federal Prison Industries is a
contractor under an applicable multiple award contract).
``(c) Implementation by Agencies.--The head of each executive
agency shall ensure that--
``(1) the executive agency does not purchase a Federal
Prison Industries product or service unless a contracting
officer of the executive agency determines that the product or
service is comparable to products or services available from
the private sector that best meet the executive agency's needs
in terms of price, quality, and time of delivery; and
``(2) Federal Prison Industries performs its contractual
obligations to the executive agency to the same extent as any
other contractor for the executive agency.
``(d) Exception.--(1) The head of an executive agency may use
procedures other than competitive procedures to enter into a contract
with Federal Prison Industries only under the following circumstances:
``(A) The Attorney General personally determines in
accordance with paragraph (2), within 30 days after Federal
Prison Industries has been informed by the head of that
executive agency of an opportunity for award of a contract for
a product, that--
``(i) Federal Prison Industries cannot reasonably
expect fair consideration in the selection of an
offeror for award of the contract on a competitive
basis; and
``(ii) the award of the contract to Federal Prison
Industries for performance at a penal or correctional
facility is necessary to maintain work opportunities
not otherwise available at the penal or correctional
facility that prevent circumstances that could
reasonably be expected to significantly endanger the
safe and effective administration of such facility.
``(B) The product is available only from Federal Prison
Industries and the contract may be awarded under the authority
of section 2304(c)(1) of title 10, United States Code, or
section 303(c)(1) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253(c)(1)), as may be
applicable, pursuant to the justification and approval
requirements relating to noncompetitive procurements specified
by law and the Federal Acquisition Regulation.
``(C) The head of the executive agency determines that the
product that would otherwise be furnished is to be produced, in
whole or in significant part, by prison labor outside the
United States.
``(2)(A) A determination made by the Attorney General regarding a
contract pursuant to paragraph (1)(A) shall be--
``(i) supported by specific findings by the warden of the
penal or correctional institution at which a Federal Prison
Industries workshop is scheduled to perform the contract;
``(ii) supported by specific findings by Federal Prison
Industries regarding the reasons that it does not expect to be
selected for award of the contract on a competitive basis; and
``(iii) made and reported in the same manner as a
determination made pursuant to section 303(c)(7) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(c)(7)).
``(B) The Attorney General may not delegate to any other official
authority to make a determination that is required under paragraph
(1)(A) to be made personally by the Attorney General.
``(e) Performance as a Subcontractor.--(1) A contractor or
potential contractor under a contract entered into by the head of an
executive agency may not be required to use Federal Prison Industries
as a subcontractor or supplier of products or provider of services for
the performance of the contract by any means, including means such as--
``(A) a provision in a solicitation of offers that requires
a contractor to offer to use or specify products or services of
Federal Prison Industries in the performance of the contract;
``(B) a contract clause that requires the contractor to use
or specify products or services (or classes of products or
services) offered by Federal Prison Industries in the
performance of the contract; or
``(C) any contract modification that requires the use of
products or services of Federal Prison Industries in the
performance of the contract.
``(2) A contractor using Federal Prison Industries as a
subcontractor or supplier in furnishing a commercial product pursuant
to a contract of an executive agency shall implement appropriate
management procedures to prevent an introduction of an inmate-produced
product into the commercial market.
``(3) In this subsection, the term `contractor', with respect to a
contract, includes a subcontractor at any tier under the contract.
``(f) Protection of Classified and Sensitive Information.--The head
of an executive agency may not enter into any contract with Federal
Prison Industries under which an inmate worker would have access to--
``(1) any data that is classified or will become classified
after being merged with other data;
``(2) any geographic data regarding the location of--
``(A) surface or subsurface infrastructure
providing communications or water or electrical power
distribution;
``(B) pipelines for the distribution of natural
gas, bulk petroleum products, or other commodities; or
``(C) other utilities; or
``(3) any personal or financial information about any
individual private citizen, including information relating to
such person's real property however described, without the
prior consent of the individual.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following new item:
``Sec. 43. Governmentwide procurement policy relating to purchases from
Federal Prison Industries.''.
SEC. 2. CONFORMING AMENDMENTS.
(a) Repeal of Inconsistent Requirements Applicable to Department of
Defense.--
(1) Repeal.--Section 2410n of title 10, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 141 of such title is amended by striking
the item relating to section 2410n.
(b) Repeal of Inconsistent Requirements Applicable to Other
Agencies.--Section 4124 of title 18, United States Code, is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively; and
(3) in subsection (a), as redesignated by paragraph (2), by
striking ``Federal department, agency, and institution subject
to the requirements of subsection (a)'' and inserting ``Federal
department and agency''.
(c) Other Laws.--
(1) Section 3 of the Javits-Wagner-O'Day Act (41 U.S.C. 48)
is amended by striking ``which, under section 4124 of such
title, is required'' and inserting ``which is required by
law''.
(2) Section 31(b)(4) of the Small Business Act (15 U.S.C.
657a(b)(4)) is amended by striking ``a different source under
section 4124 or 4125 of title 18, United States Code, or the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)'' and inserting
``a different source under the Javits-Wagner-O'Day Act (41
U.S.C. 46 et seq.) or Federal Prison Industries under section
40(d) of the Office of Federal Procurement Policy Act or
section 4125 of title 18, United States Code''.
SEC. 3. CLARIFYING AMENDMENT RELATING TO SERVICES.
(a) In General.--Section 1761 of title 18, United States Code, is
amended in subsections (a) and (c) by striking ``goods, wares, or
merchandise manufactured, produced, or mined'' each place it appears
and inserting ``products manufactured, services furnished, or minerals
mined''.
(b) Completion of Existing Agreements.--Any prisoner work program
operated by a prison or jail of a State or local jurisdiction of a
State which is providing services for the commercial market through
inmate labor on October 1, 2007, may continue to provide such
commercial services until--
(1) the expiration date specified in the contract or other
agreement with a commercial partner on October 1, 2007; or
(2) until September 30, 2011, if the prison work program is
directly furnishing the services to the commercial market.
(c) Approval Required for Long-Term Operation.--A prison work
program operated by a correctional institution operated by a State or
local jurisdiction of a State may continue to provide inmate labor to
furnish services for sale in the commercial market after the dates
specified in subsection (b) if such program has been certified pursuant
to section 1761(c)(1) of title 18, United States Code, and is in
compliance with the requirements of such subsection and its
implementing regulations.
(d) Existing Work Opportunities for Federal Inmates.--Any private
for-profit business entity having an agreement with Federal Prison
Industries in effect on the date of the enactment of this Act, under
which Federal inmates are furnishing services that are being introduced
into the commercial market, may continue to furnish such services for
the duration of the term of such agreement.
(e) Additional Amendment.--Section 1761 of title 18, United States
Code, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) This section shall not apply to services performed as part of
an inmate work program conducted by a State or local government to
disassemble, scrap, and recycle products, other than electronic
products, that would otherwise be disposed of in a landfill. Recovered
scrap from such program may be sold.''.
(f) Conforming Amendment.--Section 4122(a) of title 18, United
States Code, is amended by striking ``production of commodities'' and
inserting ``production of products or furnishing of services''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect 180 days after the
date of the enactment of this Act.
(b) Exception.--Subsections (b), (c), and (d) of section 3 shall
take effect on the date of the enactment of this Act. | Amends the Office of Federal Procurement Policy Act to require an executive agency, when procuring Federal Prison Industries (FPI) products to: (1) use competitive procedures; or (2) make an individual purchase under a multiple award contract in accordance with applicable competition requirements. Requires an agency to: (1) timely notify FPI of procurements; and (2) consider a timely offer from FPI in the same manner as other offers.
Requires agency heads to ensure that: (1) agencies do not purchase a FPI product or service unless an agency's contracting officer determines that the product or service is comparable to products or services available from the private sector that best meet the agencies' needs; and (2) FPI performs its contractual obligations to agencies to the same extent as any other contractor. Outlines exceptions to the competitive procedures requirement.
Prohibits requiring a contractor to use FPI as a subcontractor or supplier. Prohibits agencies from entering into contracts with FPI under which inmate workers would have access to classified and sensitive information. Restricts the interstate and foreign commerce of services resulting from convict labor in a prisoner work program operated by a prison or jail of a state or local jurisdiction. Subjects knowing violators of such restrictions to fine or imprisonment, or both. Requires state and local prison work programs to meet specified requirements. Provides for exemptions for services performed as part of an inmate work program conducted by a state or local government to disassemble, scrap, and recycle products, other than electronic products, that would otherwise be disposed of in a landfill. Authorizes recovered scrap from such program to be sold. | {"src": "billsum_train", "title": "A bill to amend the Office of Federal Procurement Policy Act to establish a governmentwide policy requiring competition in certain executive agency procurements, and for other purposes."} | 2,661 | 362 | 0.626845 | 2.141673 | 1.06286 | 4.545455 | 7.821429 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Access to Capital Act of
2012''.
SEC. 2. LOAN PROGRAM FOR VETERANS FOR CERTAIN PROJECTS.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended--
(1) in the matter preceding paragraph (1) by striking ``The
Administration'' and inserting ``(a) In General.--The
Administration''; and
(2) by adding at the end the following:
``(b) Loan Program for Veterans.--
``(1) Loan program.--From amounts made available under
subsection (a), the Administrator of the Small Business
Administration may make loans each fiscal year, totalling not
more than 20 percent of such amounts, directly to small
business concerns owned and controlled by veterans (as such
term is defined in section 3(q)(3) of the Small Business Act
(15 U.S.C. 632(q)(3)).
``(2) Terms and conditions.--The Administrator may make
loans under this subsection only in accordance with the
following:
``(A) Use of funds.--The proceeds of the loan shall
be used only for a project with a sound business
purpose approved by the Administration.
``(B) Maximum amount.--Loans made by the
Administration under this subsection shall be limited
to--
``(i) $5,000,000, if the loan proceeds will
not be directed toward a goal or project
described in clause (ii), (iii), (iv), or (v);
``(ii) $5,000,000, if the loan proceeds
will be directed toward 1 or more of the public
policy goals described under section 501(d)(3);
``(iii) $5,500,000 for each project of a
small manufacturer;
``(iv) $5,500,000 for each project that
reduces the borrower's energy consumption by at
least 10 percent; and
``(v) $5,500,000 for each project that
generates renewable energy or renewable fuels,
such as biodiesel or ethanol production.
``(C) Funding by the small business concern.--The
small business concern (or its owners, stockholders, or
affiliates) shall provide--
``(i) at least 15 percent of the total cost
of the project financed, if the small business
concern has been in operation for a period of 2
years or less;
``(ii) at least 15 percent of the total
cost of the project financed if the project
involves the construction of a limited or
single purpose building or structure;
``(iii) at least 20 percent of the total
cost of the project financed if the project
involves both of the conditions set forth in
clauses (i) and (ii); or
``(iv) at least 10 percent of the total
cost of the project financed, in all other
circumstances, at the discretion of the
Administrator.
``(D) Collateralization.--Collateral provided by
the small business concern shall be so provided in
accordance with the requirements of subsection
(a)(3)(E).
``(E) Additional requirements.--The small business
concern shall comply with the requirements of
paragraphs (4), (5), (6), and (7) of subsection (a),
except that--
``(i) for purposes of subparagraph
(C)(i)(I) of such paragraph (7), the term
`borrower' means a small business concern that
submits an application to the Administrator
under this subsection; and
``(ii) clauses (iii) through (vi) of such
paragraph (7)(C) shall not apply in the case of
that small business concern.
``(3) Definition.--As used in this subsection, the term
`small manufacturer' means a small business concern--
``(A) the primary business of which is classified
in sector 31, 32, or 33 of the North American
Industrial Classification System; and
``(B) all of the production facilities of which are
located in the United States.''.
SEC. 3. LOAN PROGRAM FOR VETERANS.
Section 7(a) of the Small Business Act is amended by adding at the
end the following:
``(36) Loan program for veterans.--Not more than 20 percent
of loans made under this subsection in a fiscal year may be
loans under this paragraph. The Administrator may make loans
each fiscal year to small business concerns owned and
controlled by veterans (as such term is defined in section
3(q)(3)) in the same manner as loans otherwise made under this
subsection, except that such loans may only be made directly by
the Administrator to the small business concern.''.
SEC. 4. VETERAN CREDIT SCORE RELIEF.
(a) Small Business Act.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by redesignating section 45 as section 46 and
inserting after section 44 the following:
``SEC. 45. VETERAN CREDIT SCORE RELIEF.
``For purposes of loans or loan guarantees under this Act to small
business concerns owned and controlled by veterans or to small business
concerns owned and controlled by service-disabled veterans, if a
veteran has complied with such conditions as the Administrator may by
rule require, the Administrator shall reduce any applicable requirement
relating to a veteran's credit score. No decrease in credit score
attributable to a violation of the Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.) shall apply.''.
(b) Small Business Investment Act of 1958.--Title I of the Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by
inserting after section 103 the following:
``SEC. 104. VETERAN CREDIT SCORE RELIEF.
``For purposes of loans or loan guarantees under this Act to small
business concerns owned and controlled by veterans or to small business
concerns owned and controlled by service-disabled veterans, if a
veteran has complied with such conditions as the Administrator may by
rule require, the Administrator shall reduce any applicable requirement
relating to a veteran's credit score. No decrease in credit score
attributable to a violation of the Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.) shall apply.''. | Veterans Access to Capital Act of 2012 - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA), using up to 20% of annual amounts available for SBA loans to state and local development companies, to make loans directly to small businesses owned and controlled by veterans to be used on projects having a sound business purpose. Provides loan limits and requires partial project funding by such small business.
Amends the Small Business Act to authorize the Administrator to make up to 20% of the annual amounts available for SBA section 7(a) general small business loans available for loans to veteran-owned small businesses.
Directs the Administrator, for purposes of loans or loan guarantees to veteran- or disabled veteran-owned small businesses, to reduce any applicable requirement relating to the veteran's credit score, as long as the veteran has complied with other conditions that the Administrator may require. | {"src": "billsum_train", "title": "To amend the Small Business Act and the Small Business Investment Act of 1958 to provide for additional loan programs for veteran-owned small businesses, and for other purposes."} | 1,444 | 189 | 0.606559 | 1.702318 | 0.838942 | 2.342857 | 7.331429 | 0.822857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depositary Services Efficiency and
Cost Reduction Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Secretary of the Treasury has long compensated
financial institutions for various critical depositary and
financial agency services provided for or on behalf of the
United States by--
(A) placing large balances, commonly referred to as
``compensating balances'', on deposit at such
institutions; and
(B) using imputed interest on such funds to offset
charges for the various depositary and financial agency
services provided to or on behalf of the Government.
(2) As a result of sharp declines in interest rates over
the last few years to record low levels, or the public debt
outstanding reaching the statutory debt limit, the Department
of the Treasury often has had to dramatically increase or
decrease the size of the compensating balances on deposit at
these financial institutions.
(3) The fluctuation of the compensating balances, and the
necessary pledging of collateral by financial institutions to
secure the value of compensating balances placed with those
institutions, have created unintended financial uncertainty for
the Secretary of the Treasury and for the management by
financial institutions of their cash and securities.
(4) It is imperative that the process for providing
financial services to the Government be transparent, and
provide the information necessary for the Congress to
effectively exercise its appropriation and oversight
responsibilities.
(5) The use of direct payment for services rendered would
strengthen cash and debt management responsibilities of the
Secretary of the Treasury because the Secretary would no longer
need to dramatically increase or decrease the level of such
balances when interest rates fluctuate sharply or when the
public debt outstanding reaches the statutory debt limit.
(6) An alternative to the use of compensating balances,
such as direct payments to financial institutions, would ensure
that payments to financial institutions for the services they
provide would be made in a more predictable manner and could
result in cost savings.
(7) Limiting the use of compensating balances could result
in a more direct and cost-efficient method of obtaining those
services currently provided under compensating balance
arrangements.
(8) A transition from the use of compensating balances to
another compensation method must be carefully managed to
prevent higher-than-necessary transitional costs and enable
participating financial institutions to modify their planned
investment of cash and securities.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR SERVICES RENDERED BY
DEPOSITARIES AND FINANCIAL AGENCIES OF THE UNITED STATES.
There are authorized to be appropriated for fiscal years beginning
after fiscal year 2003 to the Secretary of the Treasury such sums as
may be necessary for reimbursing financial institutions in their
capacity as depositaries and financial agents of the United States for
all services required or directed by the Secretary of the Treasury, or
a designee of the Secretary, to be performed by such financial
institutions on behalf of the Secretary of the Treasury or another
Federal agency, including services rendered before fiscal year 2004.
SEC. 4. ORDERLY TRANSITION.
(a) In General.--As appropriations authorized under section 3
become available, the Secretary of the Treasury shall promptly begin
the process of phasing in the use of the appropriations to pay
financial institutions serving as depositaries and financial agents of
the United States, and transitioning from the use of compensating
balances to fund these services.
(b) Post-Transition Use Limited to Extraordinary Circumstances.--
(1) In general.--Following the transition to the use of the
appropriations authorized under section 3, the Secretary of the
Treasury may use the compensating balances to pay financial
institutions serving as depositaries and financial agents of
the United States only in extraordinary situations where the
Secretary determines that they are needed to ensure the fiscal
operations of the Government continue to function in an
efficient and effective manner.
(2) Report.--Any use of compensating balances pursuant to
paragraph (1) shall promptly be reported by the Secretary of
the Treasury to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate.
(c) Requirements for Orderly Transition.--In transitioning to the
use of the appropriations authorized in section 3, the Secretary of the
Treasury shall take such steps as may be appropriate to--
(1) prevent abrupt financial disruption to the functions of
the Department of the Treasury or to the participating
financial institutions; and
(2) maintain adequate accounting and management controls to
ensure that payments to financial institutions for their
banking services provided to the Government as depositaries and
financial agents are accurate and that the arrangements last no
longer than is necessary.
(d) Reports Required.--
(1) Annual report.--
(A) In general.--For each fiscal year, the
Secretary of the Treasury shall submit a report to the
Congress on the use of compensating balances and on the
use of appropriations authorized in section 3 during
that fiscal year.
(B) Inclusion in budget.--The report required under
subparagraph (A) may be submitted as part of the budget
submitted by the President under section 1105 of the
title 31, United States Code, for the following fiscal
year and if so, the report shall be submitted
concurrently to the Committee on Financial Services of
the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Final report following transition.--
(A) In general.--Following completion of the
transition from the use of compensating balances to the
use of the appropriations authorized in section 3 to
pay financial institutions for their services as
depositaries and financial agents of the United States,
the Secretary of the Treasury shall submit a report on
the transition to the Committee on Financial Services
of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include a detailed analysis of--
(i) the cost of transition;
(ii) the direct costs of the services being
paid from the appropriations authorized under
section 3; and
(iii) the benefits realized from the use of
direct payment for such services, rather than
the use of compensating balance arrangements.
SEC. 5. TECHNICAL AMENDMENT.
The 2d undesignated paragraph of section 16 of the Federal Reserve
Act (12 U.S.C. 412) is amended--
(1) in the 3d sentence, by inserting ``or any other asset
of a Federal reserve bank'' before the period at the end; and
(2) in the last sentence, by inserting ``, or are otherwise
held by or on behalf of,'' after ``in the vaults of''. | Depositary Services Efficiency and Cost Reduction Act - Authorizes appropriations to reimburse financial institutions in their capacity as depositaries and financial agents of the United States for all services required or directed by the Secretary of the Treasury to be performed by them on behalf of a Federal agency.
Amends the Federal Reserve Act to make technical amendments to reflect this Act. | {"src": "billsum_train", "title": "To provide for direct and accurate compensation to financial institutions for providing various critical depositary and financial agency services for or on behalf of the United States, and for other purposes."} | 1,454 | 77 | 0.45938 | 1.196238 | 0.529142 | 5.184615 | 21.046154 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Child Protection and
Volunteers for Children Improvement Act of 2002''.
SEC. 2. DEFINITIONS.
Section 5 of the National Child Protection Act of 1993 (42 U.S.C.
5119c) is amended--
(1) in paragraph (10), by striking ``and'' at the end; and
(2) by inserting after paragraph (10) the following:
``(10A) the term `qualified State program' means the
policies and procedures referred to in section 3(a)(1) of a
State that are in place in order to implement this Act,
including policies and procedures that require--
``(A) requests for national criminal history
background checks to be routinely returned to a
qualified entity not later than 20 business days after
the date on which the request was made;
``(B) authorized agencies to charge not more than
$18 for State background checks;
``(C) the designation of the authorized agencies
that may receive national criminal history background
check requests from qualified entities; and
``(D) the designation of the qualified entities
that shall submit background check requests to an
authorized agency;
``(10B) the term `routinely' means--
``(A) instances where 85 percent or more of
nationwide background check requests are returned to
qualified entities within 20 business days; or
``(B) instances where 90 percent or more of
nationwide background check requests are returned to
qualified entities within 30 business days; and''.
SEC. 3. STRENGTHENING AND ENFORCING THE NATIONAL CHILD PROTECTION ACT
AND THE VOLUNTEERS FOR CHILDREN ACT.
Section 3 of the National Child Protection Act of 1993 (42 U.S.C.
5119a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``A State may'' and
inserting the following: ``Request.--A State
may'';
(ii) by inserting after ``procedures'' the
following: ``meeting the guidelines set forth
in subsection (b)'';
(iii) by inserting after ``regulation)''
the following: ``or a qualified State
program''; and
(iv) by striking ``convicted of'' and all
that follows through the period and inserting
``convicted of, or is under pending arrest or
indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.'';
(B) in paragraph (2)--
(i) by striking ``The authorized agency''
and inserting the following: ``Response.--The
authorized agency'';
(ii) by striking ``make reasonable efforts
to'';
(iii) by striking ``15'' and inserting
``20''; and
(iv) by adding at the end the following:
``The Attorney General shall respond to the
inquiry of the State authorized agency within
15 business days of the request. A State is not
in violation of this section if the Attorney
General fails to respond to the inquiry within
15 business days of the request.''; and
(C) by striking paragraph (3), and inserting the
following:
``(3) Absence of qualified state program.--
``(A) Request.--Not later than 12 months after the
date of enactment of the National Child Protection and
Volunteers for Children Improvement Act of 2002, a
qualified entity doing business in a State that does
not have a qualified State program may request a
national criminal background check from the Attorney
General for the purpose of determining whether a
provider has been convicted of, or is under pending
arrest or indictment for, a crime that renders the
provider unfit to provide care to children, the
elderly, or individuals with disabilities.
``(B) Review and response.--The Attorney General
shall respond to the request of a qualified entity made
under subparagraph (A) not later than 20 business days
after the request is made.''; and
(2) in subsection (b)--
(A) in paragraph (4), by striking ``shall make''
and inserting ``may make''; and
(B) in paragraph (5)--
(i) by inserting after ``qualified entity''
the following: ``or by a State authorized
agency that disseminates criminal history
records information directly to qualified
entities''; and
(ii) by striking ``pursuant to subsection
(a)(3)''.
SEC. 4. DISSEMINATION OF INFORMATION.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended by adding at the end the following:
``SEC. 6. DISSEMINATION OF INFORMATION.
``Notwithstanding any other provision of law, the Attorney General
and authorized agencies of States may disseminate criminal history
background check record information to a qualified entity.
``SEC. 7. OFFICE FOR VOLUNTEER AND PROVIDER SCREENING.
``(a) In General.--The Attorney General shall establish an Office
for Volunteer and Provider Screening (referred to in this Act as the
`Office') which shall serve as a point of contact for qualified
entities to request a national criminal background check pursuant to
section 3(a)(3).
``(b) Model Guidelines.--The Office shall provide model guidelines
concerning standards to guide qualified entities in making fitness
determinations regarding care providers based upon the criminal history
record information of those providers.''.
SEC. 5. FEES.
Section 3(e) of the National Child Protection Act of 1993 (42
U.S.C. 5119a(e)) is amended--
(1) by striking ``In the case'' and inserting the
following:
``(1) In general.--In the case''; and
(2) by adding at the end the following:
``(2) Volunteer with qualified entity.--In the case of a
national criminal fingerprint background check conducted
pursuant to section 3(a)(3) on a person who volunteers with a
qualified entity, the fee collected by the Federal Bureau of
Investigation shall not exceed $5.
``(3) Provider.--In the case of a national criminal
fingerprint background check on a provider who is employed by
or applies for a position with a qualified entity, the fee
collected by the Federal Bureau of Investigation shall not
exceed $18.''.
SEC. 6. STRENGTHENING STATE FINGERPRINT TECHNOLOGY.
(a) Establishment of Model Program in Each State To Strengthen
Criminal Data Repositories and Fingerprint Technology.--The Attorney
General shall establish a model program in each State and the District
of Columbia for the purpose of improving fingerprinting technology
which shall grant to each State funds to either--
(1) purchase Live-Scan fingerprint technology and a State-
vehicle to make such technology mobile and these mobile units
shall be used to travel within the State to assist in the
processing of fingerprint background checks; or
(2) purchase electric fingerprint imaging machines for use
throughout the State to send fingerprint images to the Attorney
General to conduct background checks.
(b) Additional Funds.--In addition to funds provided in subsection
(a), funds shall be provided to each State and the District of Columbia
to hire personnel to provide information and training to each county
law enforcement agency within the State regarding all requirements for
input of criminal and disposition data into the national criminal
history background check system under the National Child Protection Act
of 1993 (42 U.S.C. 5119 et seq.).
(c) Funding Eligibility.--States with a qualified State program
shall be eligible for not more than $2,000,000 under this section.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section sums sufficient to improve fingerprint
technology units and hire data entry improvement personnel in
each of the 50 States and the District of Columbia for each of
fiscal years 2004 through 2008.
(2) Availability.--Sums appropriated in accordance with
this section shall remain available until expended.
SEC. 7. PRIVACY PROTECTIONS.
(a) Information.--Information derived as a result of a national
criminal fingerprint background check request under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a) shall not be
adjusted, deleted, or altered in any way except as required by law for
national security purposes.
(b) Designated Representative.--
(1) In general.--Each qualified entity (as defined in
section 5 of the National Child Protection Act of 1993 (42
U.S.C. 5119c)) shall assign a representative in their
respective organization to receive and process information
requested under section 3 of the National Child Protection Act
of 1993 (42 U.S.C. 5119a).
(2) Deletion of information.--Each representative assigned
under paragraph (1) shall review the requested information and
delete all information that is not needed by the requesting
entity in making an employment decision.
(c) Criminal Penalties.--Any person who knowingly releases
information derived as a result of a national criminal fingerprint
background check to any person other than the hiring authority or
organizational leadership with the qualified entity shall be--
(1) fined $50,000 for each violation; or
(2) imprisoned not more than 1 year.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act--
(1) $100,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of fiscal years
2005 through 2008.
(b) Availability of Funds.--Sums appropriated in accordance with
this section shall remain available until expended. | National Child Protection and Volunteers for Children Improvement Act of 2002 - Amends the National Child Protection Act of 1993 to define "qualified State program" to include policies and procedures that require: (1) requests for national criminal history background checks to be routinely returned to a qualified entity within 20 business days; (2) authorized agencies to charge not more than $18 for State background checks; (3) the designation of the authorized agencies that may receive background check requests from qualified entities; and (4) the designation of such qualified entities.Authorizes States to have procedures for background checks for persons under pending arrest or indictment for a crime that renders the provider unfit to provide care to children, the elderly, or individuals with disabilities (current law limits checks to persons convicted of a crime). Requires the Attorney General to respond to the inquiry of the State authorized agency within 15 business days.Authorizes the Attorney General and authorized State agencies to disseminate criminal history background check record information to a qualified entity. Sets fees collected by the Federal Bureau of Investigation for background checks.Directs the Attorney General to establish: (1) an Office for Volunteer and Provider Screening; and (2) a model program in each State and the District of Columbia to improve fingerprinting technology.Prohibits adjusting, deleting, or altering information derived from a national criminal fingerprint background check request except as required by law for national security purposes. | {"src": "billsum_train", "title": "To amend the National Child Protection Act of 1993, and for other purposes."} | 2,186 | 303 | 0.608554 | 1.670196 | 0.811215 | 4.305147 | 7.238971 | 0.930147 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sports Medicine Licensure Clarity
Act of 2016''.
SEC. 2. PROTECTIONS FOR COVERED SPORTS MEDICINE PROFESSIONALS.
(a) In General.--In the case of a covered sports medicine
professional who has in effect medical professional liability insurance
coverage and provides in a secondary State covered medical services
that are within the scope of practice of such professional in the
primary State to an athlete or an athletic team (or a staff member of
such an athlete or athletic team) pursuant to an agreement described in
subsection (b)(4) with respect to such athlete or athletic team--
(1) such medical professional liability insurance coverage
shall cover (subject to any related premium adjustments) such
professional with respect to such covered medical services
provided by the professional in the secondary State to such an
individual or team as if such services were provided by such
professional in the primary State to such an individual or
team; and
(2) to the extent such professional is licensed under the
requirements of the primary State to provide such services to
such an individual or team, the professional shall be treated
as satisfying any licensure requirements of the secondary State
to provide such services to such an individual or team.
(b) Definitions.--In this Act, the following definitions apply:
(1) Athlete.--The term ``athlete'' means--
(A) an individual participating in a sporting event
or activity for which the individual may be paid;
(B) an individual participating in a sporting event
or activity sponsored or sanctioned by a national
governing body; or
(C) an individual for whom a high school or
institution of higher education provides a covered
sports medicine professional.
(2) Athletic team.--The term ``athletic team'' means a
sports team--
(A) composed of individuals who are paid to
participate on the team;
(B) composed of individuals who are participating
in a sporting event or activity sponsored or sanctioned
by a national governing body; or
(C) for which a high school or an institution of
higher education provides a covered sports medicine
professional.
(3) Covered medical services.--The term ``covered medical
services'' means general medical care, emergency medical care,
athletic training, or physical therapy services. Such term does
not include care provided by a covered sports medicine
professional--
(A) at a health care facility; or
(B) while a health care provider licensed to
practice in the secondary State is transporting the
injured individual to a health care facility.
(4) Covered sports medicine professional.--The term
``covered sports medicine professional'' means a physician,
athletic trainer, or other health care professional who--
(A) is licensed to practice in the primary State;
(B) provides covered medical services, pursuant to
a written agreement with an athlete, an athletic team,
a national governing body, a high school, or an
institution of higher education; and
(C) prior to providing the covered medical services
described in subparagraph (B), has disclosed the nature
and extent of such services to the entity that provides
the professional with liability insurance in the
primary State.
(5) Health care facility.--The term ``health care
facility'' means a facility in which medical care, diagnosis,
or treatment is provided on an inpatient or outpatient basis.
Such term does not include facilities at an arena, stadium, or
practice facility, or temporary facilities existing for events
where athletes or athletic teams may compete.
(6) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(7) National governing body.--The term ``national governing
body'' has the meaning given such term in section 220501 of
title 36, United States Code.
(8) Primary state.--The term ``primary State'' means, with
respect to a covered sports medicine professional, the State in
which--
(A) the covered sports medicine professional is
licensed to practice; and
(B) the majority of the covered sports medicine
professional's practice is underwritten for medical
professional liability insurance coverage.
(9) Secondary state.--The term ``secondary State'' means,
with respect to a covered sports medicine professional, any
State that is not the primary State.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
Passed the House of Representatives September 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Sports Medicine Licensure Clarity Act of 2016 (Sec. 2) This bill extends the liability insurance coverage of a state-licensed medical professional to another state when the professional provides medical services to an athlete, athletic team, or team staff member pursuant to a written agreement. Prior to providing such services, the medical professional must disclose the nature and extent of the services to the insurer. This extension of coverage does not apply at a health care facility or while a medical professional licensed in the state is transporting the injured individual to a health care facility. | {"src": "billsum_train", "title": "Sports Medicine Licensure Clarity Act of 2016"} | 1,025 | 121 | 0.651495 | 1.646949 | 0.56773 | 2.650943 | 9.09434 | 0.915094 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``At-Risk Youth Medicaid Protection
Act of 2014''.
SEC. 2. AT-RISK YOUTH MEDICAID PROTECTION.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(80);
(B) by striking the period at the end of paragraph
(81) and inserting ``; and''; and
(C) by inserting after paragraph (81) the following
new paragraph:
``(82) provide that--
``(A) the State shall not terminate (but may
suspend) enrollment under a State plan for medical
assistance for an individual who is an eligible
juvenile (as defined in subsection (ll)(2)) because the
juvenile is an inmate of a public institution (as
defined in subsection (ll)(3));
``(B) the State shall automatically restore
enrollment for such medical assistance to such an
individual upon the individual's release from any such
public institution and shall take all necessary steps
to ensure the enrollment is effective immediately upon
release from such institution, unless (and until such
date as) there is a determination that the individual
no longer meets the eligibility requirements for such
medical assistance; and
``(C) the State shall process any application for
medical assistance submitted by, or on behalf of, a
juvenile who is an inmate of a public institution
notwithstanding that the juvenile is such an inmate.'';
and
(2) by adding at the end the following new subsection:
``(ll) Juvenile; Eligible Juvenile; Public Institution.--For
purposes of subsection (a)(82) and this subsection:
``(1) Juvenile.--The term `juvenile' means an individual
who is--
``(A) under 19 years of age (or such higher age as
the State has elected under section 475(8)(B)(iii)); or
``(B) is described in subsection (a)(10)(A)(i)(IX).
``(2) Eligible juvenile.--The term `eligible juvenile'
means a juvenile who is an inmate of a public institution and
was enrolled for medical assistance under the State plan
immediately before becoming an inmate of such a public
institution or who becomes eligible to enroll for such medical
assistance while an inmate of a public institution.
``(3) Inmate of a public institution.--The term `inmate of
a public institution' has the meaning given such term for
purposes of applying the subdivision (A) following paragraph
(29) of section 1905(a), taking into account the exception in
such subdivision for a patient of a medical institution.''.
(b) No Change in Exclusion From Medical Assistance for Inmates of
Public Institutions.--Nothing in this section shall be construed as
changing the exclusion from medical assistance under the subdivision
(A) following paragraph (29) of section 1905(a) of the Social Security
Act (42 U.S.C. 1396d(a)), including any applicable restrictions on a
State submitting claims for Federal financial participation under title
XIX of such Act for such assistance.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall apply to eligibility
and enrollment of juveniles who become inmates of public
institutions on or after the date that is 1 year after the date
of the enactment of this Act.
(2) Rule for changes requiring state legislation.--In the
case of a State plan for medical assistance under title XIX of
the Social Security Act which the Secretary of Health and Human
Services determines requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendments made by
subsection (a), the State plan shall not be regarded as failing
to comply with the requirements of such title 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 the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature. | At-Risk Youth Medicaid Protection Act of 2014 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to: (1) prohibit the state from terminating (but allow it to suspend) enrollment under the state plan for medical assistance for an eligible juvenile because he or she is an inmate of a public institution; (2) require the state to restore enrollment automatically to such an individual upon his or her release, and take all steps necessary to ensure the enrollment is effective immediately upon release, unless the individual no longer meets eligibility requirements; and (3) require the state to process any application for medical assistance submitted by, or on behalf of, a juvenile inmate notwithstanding that he or she is an inmate. | {"src": "billsum_train", "title": "At-Risk Youth Medicaid Protection Act of 2014"} | 997 | 159 | 0.647266 | 1.683891 | 0.803077 | 3.406897 | 6.241379 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Treatment of Investors
Act''.
SEC. 2. SECURITIES INVESTOR PROTECTION ACT OF 1970 AMENDMENTS.
(a) Net Equity Based on Last Statement.--Section 16(11) of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78lll(11)) is
amended to read as follows:
``(11) Net equity.--
``(A) In general.--The term `net equity' means the
dollar amount of the account or accounts of a customer,
to be determined by--
``(i) calculating the sum which would have
been owed by the debtor to such customer if the
debtor had liquidated, by sale or purchase on
the filing date--
``(I) all securities positions of
such customer (other than customer name
securities reclaimed by such customer);
and
``(II) all positions in futures
contracts and options on futures
contracts held in a portfolio margining
account carried as a securities account
pursuant to a portfolio margining
program approved by the Commission,
including all property collateralizing
such positions, to the extent that such
property is not otherwise included
herein; minus
``(ii) any indebtedness of such customer to
the debtor on the filing date; plus
``(iii) any payment by such customer of
such indebtedness to the debtor which is made
with the approval of the trustee and within
such period as the trustee may determine (but
in no event more than sixty days after the
publication of notice under section 8(a)).
``(B) Treatment of certain commodity futures
contracts.--A claim for a commodity futures contract
received, acquired, or held in a portfolio margining
account pursuant to a portfolio margining program
approved by the Commission or a claim for a security
futures contract, shall be deemed to be a claim with
respect to such contract as of the filing date, and
such claim shall be treated as a claim for cash.
``(C) Treatment of accounts held by a customer in
separate capacities.--In determining net equity under
this paragraph, accounts held by a customer in separate
capacities shall be deemed to be accounts of separate
customers.
``(D) Reliance on final customer statement.--
``(i) In general.--In determining net
equity under this paragraph, the positions,
options, and contracts of a customer reported
to the customer as held by the debtor, and any
indebtedness of the customer to the debtor,
shall be determined based on--
``(I) the information contained in
the last statement issued by the debtor
to the customer before the filing date;
and
``(II) any additional written
confirmations of the customer's
positions, options, contracts, or
indebtedness received after such last
statement but before the filing date.
``(ii) Exception when debtor's recorders
indicate higher value.--Notwithstanding clause
(i), if the books and records of the debtor
indicate that the net value of a customer's
positions, options, and contracts reported to
the customer as held by the debtor, and any
indebtedness of the customer to the debtor, is
greater than the net value of the customer as
calculated under clause (i) using the
customer's last statement, then the
determination of the net equity of the customer
under this paragraph shall be done using the
books and records of the debtor instead of the
customer's last statement.
``(iii) Fraud exception.--The provisions of
this subparagraph shall not apply to any
customer that--
``(I) knew the debtor was involved
in fraudulent activity with respect to
any customer of the debtor which
reasonably indicated a fraud adversely
affecting a substantial number of
customers; or
``(II) was a person that--
``(aa) was, or was required
to be, registered--
``(AA) as a broker
or dealer under the
Securities Exchange Act
of 1934; or
``(BB) as an
investment adviser
under the Investment
Advisers Act of 1940,
or that would have been
required to register as
an investment adviser
under the Investment
Advisers Act of 1940
but for section 203(m)
of such Act;
``(bb) knew, or, due to the
activities of such person
causing such person to be
described under item (aa),
should have known, that the
debtor was involved in
fraudulent activity with
respect to any customer of the
debtor; and
``(cc) did not notify SIPC,
the Commission, or law
enforcement personnel that the
debtor was involved in such
fraudulent activity.''.
(b) Allocation of Customer Property to Customers.--Section 8(c) of
the Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2(c))
is amended--
(1) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) second, to customers of such debtor, as
described under paragraph (4);''; and
(2) by adding at the end the following:
``(4) Allocation of customer property to customers.--
``(A) In general.--Allocations of customer property
to customers under paragraph (1)(B) shall be made such
that customers share in customer property based on a
methodology--
``(i) based on the net equity of a
customer, as determined using the last
statement issued by the debtor to the customer
before the filing date;
``(ii) determined by the trustee, in
consultation with the Commission; and
``(iii) approved by the court.
``(B) Alternate methodology.--If the trustee
determines that allocating customer property in
accordance with subparagraph (A) would be unfair and
inequitable to a substantial segment of customers and
would not fully serve the remedial purposes of this
Act, allocations of customer property to customers
under paragraph (1)(B) shall be made such that
customers share in customer property based on a fair
and reasonable methodology, with special consideration
for the typical, non-professional investor, that--
``(i) if the trustee determines that it is
necessary in order to reach a fair and
reasonable result, is determined without regard
to section 16(11)(D);
``(ii) is determined by the trustee, in
consultation with the Commission; and
``(iii) is approved by the court.
``(C) Public notice and comment.--Before approving
a proposed methodology under subparagraph (A)(ii) or
subparagraph (B)(ii), the court shall--
``(i) notify customers and other interested
parties that the court is considering the
proposed methodology; and
``(ii) provide the customers and interested
parties an opportunity to provide comments on
the proposed methodology.''.
(c) Prohibition on Certain Recoveries.--
(1) In general.--Section 8 of the Securities Investor
Protection Act of 1970 (15 U.S.C. 78fff-2) is amended by adding
at the end the following new subsection:
``(g) Prohibition on Certain Recoveries.--Notwithstanding any other
provision of this Act, a trustee may not recover any property
transferred by the debtor to a customer before the filing date unless,
at the time of such transfer, such customer--
``(1) knew the debtor was involved in fraudulent activity
with respect to any customer of the debtor which reasonably
indicated a fraud adversely affecting a substantial number of
customers; or
``(2) was a person that--
``(A) was, or was required to be, registered--
``(i) as a broker or dealer under the
Securities Exchange Act of 1934; or
``(ii) as an investment adviser under the
Investment Advisers Act of 1940, or that would
have been required to register as an investment
adviser under the Investment Advisers Act of
1940 but for section 203(m) of such Act;
``(B) knew, or, due to the activities of such
person causing such person to be described under
subparagraph (A), should have known, that the debtor
was involved in fraudulent activity with respect to any
customer of the debtor; and
``(C) did not notify SIPC, the Commission, or law
enforcement personnel that the debtor was involved in
such fraudulent activity.''.
(2) Construction.--Nothing in this Act, or the amendments
made by this Act, shall be construed as prohibiting a trustee
appointed under the Securities Investor Protection Act of 1970
from recovering property transferred by a debtor to a person
who is not a customer of the debtor.
(d) Appointment of Trustees.--
(1) In general.--Section 5(b)(3) of the Securities Investor
Protection Act of 1970 (15 U.S.C. 78eee(b)(3)) is amended to
read as follows:
``(3) Appointment of trustee and attorney.--
``(A) In general.--If the court issues a protective
decree under paragraph (1), such court shall forthwith
appoint, as trustee for the liquidation of the business
of the debtor and as attorney for the trustee, such
persons as the court determines best fit to serve as
trustee and as attorney from among the persons selected
by the Commission pursuant to subparagraph (B). The
persons appointed as trustee and as attorney for the
trustee may be associated with the same firm.
``(B) Commission candidates.--The Commission shall
maintain a list of candidates for the position of
trustee and attorney for the trustee for a debtor in a
liquidation proceedings, and shall periodically update
the list, as appropriate. With respect to a debtor and
upon the court issuing a protective decree under
paragraph (1), the Commission shall forthwith provide
the court with such list.
``(C) Disinterest requirement.--No person may be
appointed to serve as trustee or attorney for the
trustee if such person is not disinterested within the
meaning of paragraph (6), except that for any specified
purpose other than to represent a trustee in conducting
a liquidation proceeding, the trustee may, with the
approval of SIPC and the court, employ an attorney who
is not disinterested.
``(D) Qualification.--A trustee appointed under
this paragraph shall qualify by filing a bond in the
manner prescribed by section 322 of title 11, United
States Code, except that neither SIPC nor any employee
of SIPC shall be required to file a bond when appointed
as trustee.
``(E) Prohibition on trustee serving in multiple
liquidations.--A trustee may not be appointed under
this paragraph if the trustee is currently serving as
trustee for the liquidation of the business of another
debtor under this Act.''.
(2) Compensation for trustee and attorney.--Section 5(b)(5)
of the Securities Investor Protection Act of 1970 (15 U.S.C.
78eee(b)(5)) is amended--
(A) in subparagraph (A), by adding at the end the
following: ``The court shall publicly disclose all such
allowances that are granted.'';
(B) by amending subparagraph (C) to read as
follows:
``(C) Awarding of allowances.--Whenever an
application for allowances is filed pursuant to
subparagraph (B), the court shall determine the amount
of allowances, giving due consideration to the nature,
extent, and value of the services rendered.''; and
(C) by adding at the end the following:
``(F) SIPC disclosures.--SIPC shall issue quarterly
public reports on--
``(i) all payments made by SIPC to the
trustee; and
``(ii) all other costs in connection with
the liquidation proceeding, including legal and
accounting costs.''.
(3) Effective date.--The amendment made this subsection
shall take effect with respect to trustees and attorneys
appointed after the date of the enactment of this Act.
(e) Timing of SIPC Advances; Result of Delay.--Section 9 of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-3) is
amended by adding at the end the following:
``(f) Timing of SIPC Advances; Result of Delay.--
``(1) In general.--SIPC advances made to satisfy customer
claims pursuant to subsection (a) shall be made before the end
of the 3-month period beginning on the date that is the end of
the 6-month period described under section 8(a)(3), plus the
amount of any extension granted under such paragraph.
``(2) Result of delay.--If SIPC fails to make advances to
the trustee in the period specified in paragraph (1), then for
purposes of calculating a customer's net equity under this Act,
interest shall accrue beginning on the date that is the end of
the 3-month period specified in paragraph (1).
``(3) Court determination.--If the trustee determines that
enough information has been provided to SIPC to make an advance
pursuant to subsection (a), the trustee may petition the court
to have the court direct SIPC to make such advance.''.
(f) Timing of Payments to Customers.--Section 8(b) of the
Securities Investor Protection Act of 1970 (15 U.S.C. 78fff-2(b)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by inserting after paragraph (2) the following:
``(3) upon petition by a customer, order the trustee to
carry out the obligations of the trustee under this subsection
with respect to such customer; and
``(4) if the court determines that the trustee has
improperly delayed carrying out the obligations of the trustee
under this subsection, impose financial sanctions on the
trustee.''.
(g) Commission Authority To Require SIPC Action.--Section 11(b) of
the Securities Investor Protection Act of 1970 (15 U.S.C. 78ggg(b)) is
amended to read as follows:
``(b) Commission Authority To Require SIPC Action.--In the event of
the refusal of SIPC to commit its funds or otherwise to act for the
protection of customers of any member of SIPC, the Commission may
require SIPC to discharge its obligations under this Act.''.
SEC. 3. EFFECTIVE DATE.
Except as provided under section 2(d)(3), the amendments made by
section 2 shall take effect with respect to a liquidation proceeding
under the Securities Investor Protection Act of 1970 that--
(1) was in progress on the date of the enactment of this
Act; or
(2) is initiated after the date of the enactment of this
Act. | Equitable Treatment of Investors Act - Amends the Securities Investor Protection Act of 1970 to revise the definition of "net equity."
Bases the determination of net equity, the positions, options, and contracts of a customer reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, upon: (1) the information contained in the last statement issued by the debtor to the customer before the filing date; and (2) any additional written confirmations of the customer's positions, options, contracts, or indebtedness received after such last statement but before the filing date.
Makes an exception to this requirement when a debtor's recorders indicate a higher value. Requires determination of the customer's net equity using the debtor's books and records instead of the customer's last statement when the debtor's books and records indicate that the net value of a customer's positions, options, and contracts reported to the customer as held by the debtor, and any indebtedness of the customer to the debtor, is greater than the customer's net value as calculated on the basis specified by this Act.
Prohibits reliance on the final statement of the debtor to customer, however, if the customer: (1) knew the debtor was involved in fraudulent activity with respect to any of its customers which reasonably indicated a fraud adversely affecting a substantial number of customers; or (2) as a registered broker, dealer, or investment adviser under specified securities laws, or a person required to be so registered, knew, or should have known, that the debtor was involved in a fraudulent activity and did not notify the Securities Investor Protection Corporation (SIPC), the Securities and Exchange Commission (SEC), or law enforcement personnel.
Prohibits a trustee in bankruptcy in a liquidation proceeding from recovering any property transferred by the debtor to a customer before the filing date unless, at the time of such transfer, the customer meets the same criteria regarding actual or constructive knowledge of the debtor's involvement in fraudulent activity.
Prescribes alternative methodologies for allocation of customer property to customers by a trustee in a liquidation proceeding. Requires public notice and comment as a prerequisite to court approval of a proposed allocation methodology.
Transfers from the SIPC to the SEC authority to nominate to a court persons for appointment as trustee for the liquidation of a debtor's business and as attorney for the trustee.
Prohibits a trustee from serving in multiple liquidations if the trustee is currently serving as such under this Act for the liquidation of the business of another debtor.
Sets forth requirements for trustee and attorney compensation.
Requires the SIPC to issue quarterly public reports on its payments to the trustee, as well as all other costs in connection with the liquidation proceeding.
Prescribes the timing of: (1) SIPC advances, and (2) payments to customers. | {"src": "billsum_train", "title": "To amend the Securities Investor Protection Act of 1970 to confirm that a customer's net equity claim is based on the customer's last statement and that certain recoveries are prohibited, to change how trustees are appointed, and for other purposes."} | 3,326 | 637 | 0.589452 | 1.80284 | 0.667451 | 4.178182 | 5.490909 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security Preservation Act
of 2014''.
SEC. 2. PROTECTING OLDER, LONGER SERVICE PARTICIPANTS.
(a) In General.--Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended--
(1) by striking the semicolon at the end of paragraph (2)
and inserting ``; and'',
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a period, and
(3) by striking paragraph (4) and inserting the following:
``(4) Nondiscrimination.--
``(A) In general.--A trust shall not constitute a
qualified trust under this section unless the
contributions or benefits provided under the plan do
not discriminate in favor of highly compensated
employees (within the meaning of section 414(q)). For
purposes of this paragraph, there shall be excluded
from consideration employees described in section
410(b)(3) (A) and (C).
``(B) Protection of older, longer service
participants.--
``(i) A defined benefit plan that provides
benefits, rights, or features to a closed class
of participants shall not fail to satisfy the
requirements of this paragraph by reason of the
composition of such closed class or the
benefits, rights, or features provided to such
closed class, if--
``(I) such closed class and such
benefits, rights, and features
satisfied the requirements of
subparagraph (A) (without regard to
this clause) as of the date that the
class was closed, and
``(II) after the date as of which
the class was closed, any plan
amendments that modify the closed class
or the benefits, rights, and features
provided to such closed class satisfy
subparagraph (A) (without regard to
this clause).
If a plan amendment is adopted that does not
meet the requirements of subclause (II), the
plan shall be treated as meeting the
requirements of this paragraph if such plan
satisfied such requirements (without regard to
subclause (II)) as of the effective date of
such amendment. In such cases, subclauses (I)
and (II) shall subsequently be applied by
reference to the effective date of the plan
amendment, rather than by reference to the date
that the class was closed.
``(ii) A defined contribution plan shall be
permitted to be tested on a benefits basis if--
``(I) the plan provides make-whole
contributions to a closed class of
participants whose defined benefit plan
accruals have been reduced or
eliminated,
``(II) such closed class of
participants satisfied section
410(b)(2)(A)(i) as of the date that the
class of participants was closed, and
``(III) after the date as of which
the class was closed, any plan
amendments that modify the closed class
or the allocations, benefits, rights,
and features provided to such closed
class satisfy subparagraph (A) (without
regard to this clause).
If a plan amendment is adopted that does not
meet the requirements of subclause (III), the
plan shall be treated as meeting the
requirements of this paragraph if such plan
satisfied such requirements (without regard to
subclause (III)) as of the effective date of
such amendment. In such cases, subclauses (II)
and (III) shall subsequently be applied by
reference to the effective date of the plan
amendment, rather than by reference to the date
that the class was closed.
``(iii) In addition to other testing
methodologies otherwise applicable, for
purposes of determining compliance with this
paragraph and with section 410(b) of the
portion of one or more defined contribution
plans described in clause (ii) that provide
make-whole contributions, such portion of such
plans may be aggregated and tested on a
benefits basis with the portion of one or more
defined contribution plans that--
``(I) provides matching
contributions (as defined in subsection
(m)(4)(A)), or
``(II) consists of an employee
stock ownership plan within the meaning
of section 4975(e)(7) or a tax credit
employee stock ownership plan within
the meaning of section 409(a).
For such purposes, matching contributions shall
be treated in the same manner as employer
contributions that are made without regard to
whether an employee makes an elective
contribution or employee contribution,
including for purposes of applying the rules of
subsection (l).
``(C) Definitions.--For purposes of this
paragraph--
``(i) Make-whole contributions.--The term
`make-whole contributions' means allocations
for each employee in the class that are
reasonably calculated, in a consistent manner,
to replace some or all of the retirement
benefits that the employee would have received
under the defined benefit plan and any other
plan or arrangement if no change had been made
to such defined benefit plan and such other
plan or arrangement.
``(ii) References to closed class of
participants.--References to a closed class of
participants and similar references to a closed
class shall include arrangements under which
one or more classes of participants are closed.
``(D) Protecting grandfathered participants in
defined benefit plans.--
``(i) A defined benefit shall be permitted
to be tested on a benefits basis with one or
more defined contribution plans if--
``(I) the plan provides benefits to
a closed class of participants,
``(II) the plan and such benefits
satisfy the requirements of
subparagraph (A) (without regard to
this subparagraph) as of the date the
class was closed, and
``(III) after the date as of which
the class was closed, any plan
amendments that modify the closed class
or the benefits provided to such closed
class satisfy subparagraph (A) (without
regard to this subparagraph).
If a plan amendment is adopted that does not
meet the requirements of subclause (III), the
plan shall be treated as meeting the
requirements of this paragraph if such plan
satisfied such requirements (without regard to
subclause (III)) as of the effective date of
such amendment. In such cases, subclauses (II)
and (III) shall subsequently be applied by
reference to the effective date of the plan
amendment, rather than by reference to the date
that the class was closed.
``(ii) In addition to other testing
methodologies otherwise applicable, for
purposes of determining compliance with this
paragraph and with section 410(b) of one or
more defined benefit plans that meet the
requirements of subclauses (I), (II), and (III)
of clause (i), such plans may be aggregated and
tested on a benefits basis with the portion of
one or more defined contribution plans that--
``(I) provides matching
contributions (as defined in subsection
(m)(4)(A)), or
``(II) consists of an employee
stock ownership plan within the meaning
of section 4975(e)(7) or a tax credit
employee stock ownership plan within
the meaning of section 409(a).
For such purposes, matching contributions shall
be treated in the same manner as employer
contributions that are made without regard to
whether an employee makes an elective
contribution or employee contribution,
including for purposes of applying the rules of
subsection (l).
``(E) Rules.--The Secretary may prescribe rules to
prevent abuse of the plan designs otherwise permitted
by reason of subparagraphs (B) and (D). Such rules
shall be directed toward abuses under which the defined
benefit plan was established within a specified period
prior to the date that--
``(i) the closed class of participants
referred to in subparagraph (B)(i), (B)(ii), or
(D)(i) is closed, or
``(ii) the defined benefit plan accruals
have been reduced or eliminated, in the case of
the make-whole contributions described in
subparagraph (C).
``(F) Transition rules.--Within 1 year after the
date of enactment of the Retirement Security
Preservation Act of 2014, the Secretary shall prescribe
rules that facilitate the use of the provisions of
subparagraphs (B) and (D) without regard to--
``(i) whether the closing of the class of
participants referred to in such subparagraphs
occurred before or after such date of
enactment, or
``(ii) plan amendments that were adopted or
effective before such date of enactment and
that would not have been necessary if
subparagraphs (B) and (D) had been in
effect.''.
(b) Participation Requirements.--Paragraph (26) of section 401(a)
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(I) Protected participants.--A plan shall be
deemed to satisfy the requirements of subparagraph (A)
if--
``(i) the plan is amended--
``(I) to cease all benefit
accruals, or
``(II) to provide future benefit
accruals only to a closed class of
participants, and
``(ii) the plan satisfies subparagraph (A)
(without regard to this subparagraph) as of the
effective date of the amendment.
The Secretary may prescribe such rules as are necessary
or appropriate to fulfill the purposes of this
subparagraph, including prevention of abuse of this
subparagraph in the case of plans established within a
specified period prior to the effective date of the
amendment.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, without regard to
whether any plan modifications referenced in such amendments are
adopted or effective before, on, or after such date of enactment. | Retirement Security Preservation Act of 2014 - Amends the Internal Revenue Code, with respect to nondiscrimination requirements for tax-exempt employee pension, profit-sharing, and stock bonus plans, to include protections for older, longer service participants in such plans, including the grandfathering of such participants under defined benefit plans. | {"src": "billsum_train", "title": "Retirement Security Preservation Act of 2014"} | 2,148 | 75 | 0.488065 | 1.250291 | 0.54119 | 1.789474 | 36.035088 | 0.807018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Education Empowerment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 1,000,000 veterans attended institutions of higher
education in 2014.
(2) Veterans face unique challenges in transitioning from
the battlefield to the classroom and eventually to the
workforce, often including: age differences, family
obligations, significant time away from academic life, and
service-related disabilities.
(3) The National Endowment for the Humanities' Warrior-
Scholar Project found that ``veterans transitioning to college
likely have not used academic skills since high school and have
difficulty adjusting to a fundamentally different social and
cultural environment, [leading] to veterans dropping out of
college before earning their degree''.
(4) The National Education Association found that veteran
students can feel lonely and vulnerable on campus and that
``connecting student veterans can effectively ease this
isolation'' by bringing together new veteran students with
those who have already successfully navigated the first few
semesters of college.
(5) The unemployment rate for post-9/11 veterans far
outpaces both the overall non-veteran unemployment rate and the
unemployment rate for non-veterans entering the workforce for
the first time.
(6) According to Mission United--a United Way program that
helps veterans re-acclimate to civilian life--it is often
``essential'' for veteran students to be mentored by ``another
veteran who understands their mindset and experience''.
(7) Veteran Student Centers are recognized as an
institutional best practice by Student Veterans of America.
(8) The American Council on Education, which represents
more than 1,700 institutions of higher education across the
country, has called having a dedicated space for veterans on
campus ``a promising way for colleges and universities to
better serve veterans on campus'' and a ``critical'' component
of many colleges' efforts to serve their veteran students.
(9) The Department of Education included as one of its 8
Keys to Veterans' Success that colleges and universities should
``coordinate and centralize campus efforts for all veterans,
together with the creation of a designated space for them''.
(10) Budget constraints often make it difficult or
impossible for institutions of higher education to dedicate
space to veteran offices, lounges, or student centers.
(11) The 110th Congress authorized the funding of Veteran
Student Centers through the Centers of Excellence for Veteran
Student Success under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t). Congress also chose to
appropriate funding for this program for fiscal year 2015 under
the Consolidated and Further Continuing Appropriations Act,
2015 (Public Law 113-235).
(12) According to the Department of Education, federally
funded Veteran Student Centers and staff have generated
improved recruitment, retention, and graduation rates, have
helped veteran students feel better connected across campus,
and have directly contributed to student veterans' successful
academic outcomes.
SEC. 3. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
Title VIII of the Higher Education Act of 1965 is amended by
striking part T (20 U.S.C. 1161t) and inserting the following:
``PART T--GRANTS FOR VETERAN STUDENT CENTERS
``SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (i), the Secretary shall award grants
to institutions of higher education or consortia of institutions of
higher education to assist in the establishment, maintenance,
improvement, and operation of Veteran Student Centers. The Secretary
shall award not more than 30 grants under this subsection.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of veteran
students, members of the Armed Forces serving
on active duty, and members of a reserve
component of the Armed Forces; or
``(ii) a significant percentage of veteran
students,
as measured by comparing the overall enrollment of the
institution or consortium to the number, for the most recent
academic year for which data are available, of veteran
students, members of the Armed Forces serving on active duty,
and members of a reserve component of the Armed Forces who are
enrolled in undergraduate or graduate courses at the
institution or consortium.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that its Veteran
Student Center will be maintained and will continue to
operate after the grant period of the grant received
under subsection (a) has ended.
``(3) Additional criteria.--In awarding grants under
subsection (a), the Secretary--
``(A) shall consider institutions or consortia
representing a broad spectrum of sectors and sizes,
including institutions or consortia from urban,
suburban, and rural regions of the United States; and
``(B) may provide consideration to institutions or
consortia that meet one or more of the following
criteria:
``(i) The institution or consortium is
located in a region or community that has a
significant population of veterans.
``(ii) The institution or consortium
carries out programs or activities that assist
veterans in the local community and the spouses
of veteran students.
``(iii) The institution or consortium
partners in its veteran-specific programming
with non-profit veteran service organizations,
local workforce development organizations, or
institutions of higher education.
``(iv) The institution or consortium
commits to hiring a staff at the Veteran
Student Center that includes veterans
(including veteran student volunteers and
veteran students participating in a Federal
work-study program under part C of title IV, a
work-study program administered by the
Secretary of Veteran Affairs, or a State work-
study program).
``(v) The institution or consortium commits
to using a portion of the grant received under
this section to develop an early-warning
veteran student retention program carried out
by the Veteran Student Center.
``(vi) The institution or consortium
commits to providing mental health counseling
to its veteran students and their spouses.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Veteran Student
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such funds to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and
transfer of credit from previous postsecondary
education or experience; and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the
success of veterans on campus in achieving education
and career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amounts awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out this
section, and not later than 3 years after the date on which the first
grant is awarded under subsection (a), the Secretary shall submit to
Congress a report on the grant program established under subsection
(a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such
amounts;
``(C) a description of the students to whom
services were offered as a result of the award; and
``(D) data enumerating whether the use of the
amounts awarded helped veteran students at the
institution or consortium toward completion of a
degree, certificate, or credential;
``(4) best practices for veteran student success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be extended
or expanded.
``(f) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the first grant is awarded
under subsection (a).
``(g) Department of Education Best Practices Website.--Subject to
the availability of appropriations under subsection (i) and not later
than 3 years after the date on which the first grant is awarded under
subsection (a), the Secretary shall develop and implement a website for
veteran student services at institutions of higher education, which
details best practices for serving veteran students at institutions of
higher education.
``(h) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Veteran student center.--The term `Veteran Student
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
``(A) A lounge or meeting space for such veteran
students, their spouses or partners, and veterans in
the community.
``(B) A centralized office for veteran services
that--
``(i) is a single point of contact to
coordinate comprehensive support services for
veteran students;
``(ii) is staffed by trained employees and
volunteers, which includes veterans and at
least one full-time employee or volunteer who
is trained as a veterans' benefits counselor;
``(iii) provides veteran students with
assistance relating to--
``(I) transitioning from the
military to student life;
``(II) transitioning from the
military to the civilian workforce;
``(III) networking with other
veteran students and veterans in the
community;
``(IV) understanding and obtaining
benefits provided by the institution of
higher education, Federal Government,
and State for which such students may
be eligible;
``(V) understanding how to succeed
in the institution of higher education,
including by understanding academic
policies, the course selection process,
and institutional policies and
practices related to the transfer of
academic credits; and
``(VI) understanding their
disability-related rights and
protections under the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794) ; and
``(iv) provides comprehensive academic and
tutoring services for veteran students,
including peer-to-peer tutoring and academic
mentorship.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part such sums as may be necessary for
fiscal year 2016 and each of the 3 succeeding fiscal years.''.
SEC. 4. CONTINUATION OF AWARDS.
An institution of higher education that received a grant under
section 873 of the Higher Education Act of 1965 (20 U.S.C. 1161t)
before the date of enactment of this Act, as such section 873 (20
U.S.C. 1161t) was in effect on the day before the date of enactment of
this Act, shall continue to receive funds in accordance with the terms
and conditions of such grant. | Veteran Education Empowerment Act Amends the Higher Education Act of 1965 to require the Secretary of Education to award up to 30 four-year grants to institutions of higher education (IHEs) or consortia of IHEs to establish, maintain, and improve Veteran Student Centers. Permits a grantee to use a portion of the grant to provide veteran students with supportive instruction services. Requires a grantee to be an IHE or consortium that: (1) enrolls in undergraduate or graduate courses a significant number or percentage of veterans or members of the Armed Forces, and (2) presents a sustainability plan demonstrating that its Veteran Student Center will be maintained and will continue to operate after the grant ends. Defines a "Veteran Student Center" as a dedicated space on a campus that provides students who are veterans or members of the Armed Forces with: (1) a lounge or meeting space for themselves, their spouses or partners, and veterans in the community; (2) a centralized office for veteran services that is staffed by trained employees and volunteers and serves as a single point of contact to coordinate veterans support services; and (3) comprehensive academic and tutoring services to veterans. Requires that office to provide such students with assistance in: transitioning from the military to student life, transitioning from the military to the civilian workforce, networking with other veteran students and veterans in the community, understanding and obtaining benefits provided by the IHE and federal and state government for which they may be eligible, understanding how to succeed in the IHE, and understanding their disability-related rights and protections under specified federal laws. Requires the Secretary to develop and implement a website for veteran student services at IHEs, which details best practices for serving veteran students at IHEs. | {"src": "billsum_train", "title": "Veteran Education Empowerment Act"} | 2,670 | 391 | 0.565475 | 1.998679 | 0.661925 | 3.531343 | 7.668657 | 0.904478 |
SECTION 1. DEDUCTION FOR INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR REAL
PROPERTY TAX INSURANCE WITH RESPECT TO PRINCIPAL
RESIDENCE.
(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. DEDUCTION FOR INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR REAL
PROPERTY TAX INSURANCE WITH RESPECT TO PRINCIPAL
RESIDENCE.
``(a) In General.--In the case of an individual who has attained
age 55 before the close of the taxable year, there shall be allowed as
a deduction an amount equal to the premiums paid or incurred during the
taxable year for any qualified real property tax insurance contract
with respect to the principal residence of such individual.
``(b) Qualified Real Property Tax Insurance Contract.--For purposes
of this section--
``(1) In general.--The term `qualified real property tax
insurance contract' means any insurance contract--
``(A) which permits premiums to be paid for such
insurance only after the policyholder attains age 55
and before the policyholder attains age 65,
``(B) which pays, at the election of the
policyholder--
``(i) the excess of--
``(I) the amount of the State and
local real property taxes imposed on
the principal residence of the
policyholder for each real property tax
year in the insured period, over
``(II) the amount of such taxes
imposed on such residence for the last
real property tax year beginning before
the insured period (or, if later, the
first real property tax year for which
the policyholder was liable for such
taxes imposed on such residence), or
``(ii) the amount of the State and local
real property taxes imposed on the principal
residence of the policyholder for each real
property tax year in the insured period,
``(C) which provides for a refund of the cash value
of the insurance contract (if any) if--
``(i) the residence is sold or exchanged
before the end of the insured period, or
``(ii) the insured period ends by reason of
the last sentence of paragraph (2), and
``(D) in the case of a husband and wife who are
joint policyholders, which provides for a waiver of
premiums for such insurance after the death of either
spouse.
``(2) Insured period.--The term `insured period' means--
``(A) in the case of an election to have paragraph
(1)(B)(i) apply, the 10 real property tax years
beginning after the date the policyholder attains age
65, and
``(B) in the case of an election to have paragraph
(1)(B)(ii) apply, the number of real property tax years
(beginning after the date the policyholder attains age
65) selected by the policyholder but only if the number
selected is 5, 10, 15, or 20.
In no event shall the insured period end after the close of the
real property tax year in which the last policyholder dies.
``(3) Principal residence.--The term `principal residence'
has the meaning given to such term by section 1034.
``(4) State and local real property taxes.--The term `State
and local real property taxes' means any real property tax
which is a State or local tax (within the meaning of section
164(b)(2)); except that such term shall not include any amount
for which a deduction is not allowable by reason of section
164(c)(1).
``(c) Premium Requirements.--
``(1) In general.--Except as provided in paragraph (2), an
insurance contract shall be treated as a qualified real
property tax insurance contract only if the annual premium for
any year does not exceed the amount equal to 150 percent of the
amount of the State and local real property taxes imposed on
the principal residence of the policyholder for the real
property tax year ending during the preceding year.
``(2) Single premiums permitted in certain cases.--
Paragraph (1) shall not apply to any premium paid during any
calendar year if--
``(A) not less than the amount of such premium is
paid or distributed during such year to the taxpayer
from any individual retirement plan of the taxpayer, or
``(B) the taxpayer receives during such year a lump
sum distribution (as defined in section 402(d)(4)) in
an amount not less than the amount of such premium.
This paragraph shall not apply if the amount of any premium
paid, when added to premiums previously paid, exceeds the
amount reasonably necessary (as determined under regulations
prescribed by the Secretary) to fund the payments referred to
in subsection (b)(1)(B).
``(d) Special Rules for Married Individuals.--For purposes of this
section--
``(1) In general.--In the case of a husband and wife who
are joint policyholders, this section shall be applied by
taking into account only the age of the older spouse.
``(2) Property of deceased spouse.--If--
``(A) an individual's spouse died during the period
applicable under subsection (b)(1)(A),
``(B) such spouse was the older spouse, and
``(C) any premium for any qualified real property
tax insurance contract was paid by either spouse before
the date of such death,
the age the older spouse would have been shall continue to be
the only age taken into account for purposes of this section.
``(e) Other Special Rules.--
``(1) Tax treatment of refund of cash value.--Any refund of
the cash value of any qualified real property tax insurance
contract shall be includible in gross income for the taxable
year in which received.
``(2) Denial of deduction for payment of taxes.--No
deduction shall be allowed under this chapter for any payment
of tax under any qualified real property tax insurance
contract.
``(3) Tenant-stockholder in cooperative housing
corporation.--A rule similar to the rule of section 1034(f)
shall apply for purposes of this section.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Qualified real property tax insurance premiums.--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. Deduction for individuals who
have attained age 55 for real
property tax insurance with
respect to principal residence.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow, for taxpayers at least 55 years old, a deduction for the premiums for principal residence real property tax insurance. Allows the deduction whether or not the taxpayer itemizes other deductions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an individual who has attained age 55 a deduction for amounts paid for insurance to be used to pay real property taxes on the principal residence of the individual after the individual has attained age 65."} | 1,604 | 51 | 0.564085 | 1.244803 | 0.886024 | 1.690476 | 34.452381 | 0.833333 |
SECTION 1. SMALL BUSINESS TAX INCENTIVES.
(a) Increase in Section 179 Expensing.--
(1) Increase in dollar limitation made permanent.--
Paragraph (1) of section 179(b) of the Internal Revenue Code of
1986 (relating to dollar limitation) is amended by striking
``$25,000 ($100,000 in the case of taxable years beginning
after 2002 and before 2008)'' and inserting ``$100,000''.
(2) Increase in threshold for reduction of dollar
limitation.--Paragraph (2) of section 179(b) of such Code
(relating to reduction in limitation) is amended by striking
``$200,000 ($400,000 in the case of taxable years beginning
after 2002 and before 2008)'' and inserting ``$500,000''.
(3) Inflation adjustment.--Paragraph (5) of section 179(b)
of such Code (relating to inflations adjustments) is amended to
read as follows:
``(5) Inflation adjustments.--
``(A) Dollar limitation.--In the case of any
taxable year beginning in a calendar year after 2005,
the $100,000 amount in paragraph (1) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2002' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Phaseout amount.--In the case of any taxable
year beginning in a calendar year after 2006, the
$500,000 amount in paragraph (2) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2005' for `calendar
year 1992' in subparagraph (B) thereof.
``(C) Rounding.--
``(i) Dollar limitation.--If the amount in
paragraph (1) as increased under subparagraph
(A) is not a multiple of $1,000, such amount
shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in
paragraph (2) as increased under subparagraph
(B) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of
$10,000.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2005.
(b) Work Opportunity Credit, Welfare-to-Work Credit, and Research
Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Subparagraph (B) of section 38(c)(4) of
the Internal Revenue Code of 1986 is amended by striking the
period at the end of clause (ii)(II) and inserting a comma and
by adding at the end the following new clauses:
``(iii) the credit determined under section
51,
``(iv) the credit determined under section
51A, and
``(v) the credit determined under section
41.''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2005.
SEC. 2. STANDARD HOME OFFICE DEDUCTION.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--If the taxpayer
elects (at such time and in such form and manner as the
Secretary may prescribe) to have this paragraph apply for any
taxable year, in the case of a use described in paragraph (1),
(2), or (4), and in the case of a use described in paragraph
(3) where the dwelling unit is used by the taxpayer during the
taxable year as a residence--
``(A) there shall be allowed as a deduction an
amount equal to $2,500, and
``(B) no deduction otherwise allowable under this
chapter shall be allowed with respect to such use.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. MINIMUM WAGE PROVISIONS.
(a) Exemption for Small Employers.--
(1) In general.--Section 6 of the Fair Labor Standards Act
of 1938 (29 U.S.C. 206) is amended--
(A) in subsection (a), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''; and
(B) in subsection (b), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''.
(2) Effective date.--The amendments made by this subsection
shall apply beginning October 1, 2006.
(b) Phased Increase.--Section 6(a) of such Act (29 U.S.C. 206(a))
is amended by striking paragraph (1) and inserting the following new
paragraph:
``(1) except as otherwise provided in this section, not
less than $5.15 an hour through the period ending September 30,
2006, not less than $5.50 an hour during the year beginning
October 1, 2006, not less than $6.00 an hour during the year
beginning October 1, 2007, and not less than $6.50 an hour
beginning October 1, 2008;''.
SEC. 4. INCREASED EXEMPTION FOR ANNUAL GROSS VOLUME OF SALES MADE OR
BUSINESS DONE BY AN ENTERPRISE.
Section 3(s)(1)(A)(ii) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(s)(1)(A)(ii)) is amended to read as follows:
``(ii) is an enterprise whose gross volume of sales
made or business done during the taxable year
(exclusive of excise taxes at the retail level that are
separately stated) is not less than $500,000 in the
case of taxable years ending before October 1, 2006,
not less than $650,000 in the case of taxable years
ending during the year beginning October 1, 2006, not
less than $800,000 in the case of taxable years ending
during the year beginning October 1, 2007, and not less
than $1,000,000 in the case of taxable years ending
after September 30, 2008;''.
SEC. 5. EARNED INCOME EXCLUSION UNDER THE SSI PROGRAM.
(a) In General.--Section 1612(b) of the Social Security Act (42
U.S.C. 1382a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24)(A) if such individual does not have an eligible
spouse, the amount (if any) by which the minimum wage rate in
effect for the month under section 6 of the Fair Labor
Standards Act of 1938 multiplied by the number of hours for
which such individual is gainfully employed during the month
exceeds the total amount of earned income of such individual
excluded by the preceding provisions of this subsection for the
month; or
``(B) if such individual has an eligible spouse, the amount
(if any) by which the minimum wage rate in effect for the month
under section 6 of the Fair Labor Standards Act of 1938
multiplied by the total number of hours for which such
individual and such spouse are gainfully employed during the
month exceeds the total amount of earned income of such
individual and such spouse excluded by the preceding provisions
of this subsection for the month.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2006, and shall apply to benefits for months
beginning on or after such date. | Amends the Internal Revenue Code to make permanent the increased expensing allowance ($100,000) for depreciable business property. Increases to $500,000 the income threshold for reducing the expensing allowance and makes such threshold amount permanent. Provides for an inflation adjustment to the allowance and the threshold.
Allows a credit against alternative minimum tax liability for the work opportunity tax credit, the welfare to work tax credit, and the tax credit for increasing research activities.
Provides for a minimum standard tax deduction of $2,500 for expenses for the business use of a home.
Amends the Fair Labor Standards Act of 1938 to: (1) exempt from minimum wage requirements employers with less than ten employees; (2) increase the minimum wage to $5.50 beginning October 1, 2006, $6.00 beginning October 1, 2007, and $6.50 beginning October 1, 2008; and (3) phase in an increase in the gross volume of sales amount applicable to the small business exemption from minimum wage requirements.
Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income determinations under the supplemental security income programs minimum wage income that exceeds certain earned income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for small business tax incentives, to amend the Fair Labor Standards Act of 1938 to increase the minimum wage and to increase the exemption for annual gross volume of sales made or business done by an enterprise, and for other purposes."} | 1,823 | 245 | 0.503871 | 1.288402 | 0.691663 | 2.178571 | 7.357143 | 0.830357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth and Adult School Partnership
Act of 1999''.
SEC. 2. PURPOSES.
The purposes of this Act are to invite students and other young
people to engage more fully in the process of school reform and school
improvement, and to encourage effective youth and adult partnerships
that create more meaningful roles for students and other young people
in their schools and communities.
SEC. 3. 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 Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO TITLE I REGARDING DISADVANTAGED STUDENTS.
(a) State Plans.--Section 1111(a)(1) (20 U.S.C. 6311(a)(1)) is
amended by striking ``and parents'' and inserting ``parents and
students, as developmentally appropriate''.
(b) Local Educational Agency Plans.--Section 1112(d)(1) (20 U.S.C.
6312(d)(1)) is amended by striking ``and parents'' and inserting
``parents and students, as developmentally appropriate,''.
(c) Assessment and Local Educational Agency and School
Improvement.--Section 1116(c)(2)(A)(i) (20 U.S.C. 6317(c)(2)(A)(i)) is
amended by inserting ``and, if the plan relates to a secondary school,
students from such school,'' after ``team,''.
(d) State Administration.--Section 1603(b)(2) (20 U.S.C.
6513(b)(2)) is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) students attending secondary schools
receiving funds under this title;''.
SEC. 102. AMENDMENTS TO TITLE II REGARDING THE DWIGHT D. EISENHOWER
PROFESSIONAL DEVELOPMENT PROGRAM.
(a) Findings.--Section 2001 (20 U.S.C. 6601) is amended by adding
after paragraph (9) the following:
``(10) Student involvement is an important aspect of school
reform and improvement. There is a need for special attention
to ensure the effective involvement of students in decisions
that impact their education.''.
SEC. 103. AMENDMENTS TO TITLE III REGARDING TECHNOLOGY FOR EDUCATION.
(a) Federal Leadership.--Section 3122(c) (20 U.S.C. 6832(c)) is
amended--
(1) by redesignating paragraphs (11) through (16) as
paragraphs (12) through (17), respectively; and
(2) by inserting after paragraph (10) the following:
``(11) development, demonstration, and evaluation of model
strategies for using technology to enhance the creation of
meaningful roles for young people in their schools and
communities;''.
(b) Grants Authorized.--Section 3204(a)(4) (20 U.S.C. 6894(a)(4))
is amended by inserting ``, families, young people, and communities''
after ``teachers''.
SEC. 104. AMENDMENTS TO TITLE IV REGARDING SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES.
(a) Findings.--Section 4002 (20 U.S.C. 7102) is amended--
(1) in paragraph (9), by inserting ``, and with young
people,'' after ``together''; and
(2) in paragraph (10), by inserting before the period the
following ``, and it is through effective partnerships with
adults that students will gain the skills and opportunities to
take this greater responsibility''.
(b) Governor's Programs.--Section 4114(b)(1) (20 U.S.C. 7114(b)(1))
is amended by inserting ``student-led groups,'' after ``parent
groups,''.
(c) Local Drug and Violence Prevention Programs.--Section
4116(a)(2) (20 U.S.C. 7116(a)(2)) is amended by inserting ``and
students,'' after ``parents''.
(d) Federal Activities.--Section 4121(a)(1) (20 U.S.C. 7131(a)(1))
is amended by inserting ``students,'' after ``parents,''.
(e) Hate Crime Prevention.--Section 4123(b)(1)(D) (20 U.S.C.
7133(b)(1)(D)) is amended by striking ``and administrators''and
inserting ``, administrators, families, and students''.
SEC. 105. AMENDMENTS TO TITLE V REGARDING PROMOTING EQUITY.
(a) Innovative Programs.--Section 5111(a)(2)(B) (20 U.S.C.
7211(a)(2)(B)) is amended by inserting ``, student,'' after ``parent''.
(b) Authorized Activities.--Section 5305 (20 U.S.C. 7265) is
amended--
(1) by redesignating paragraphs (10) through (23) as
paragraphs (11) through (24), respectively;
(2) by redesignating paragraph (9)(D) as paragraph (10),
and indenting appropriately;
(3) in paragraph (9)--
(A) in subparagraph (B), by inserting ``and'' after
the semicolon; and
(B) in subparagraph (C), by striking ``and'' after
the semicolon; and
(4) in paragraph (10) (as redesignated in paragraph (2)) by
striking ``improve'' and inserting ``the improvement of''.
SEC. 106. AMENDMENTS TO TITLE VI REGARDING STATE AND LOCAL
RESPONSIBILITY FOR INNOVATIVE EDUCATION PROGRAM
STRATEGIES.
Section 6001(c) (20 U.S.C. 7301(c)) is amended by--
(1) striking ``and classroom teachers and supporting
personnel'' and inserting ``classroom teachers and supporting
personnel, and families of students''; and
(2) striking ``have the most direct contact with students
and''.
SEC. 107. AMENDMENTS TO TITLE VII REGARDING BILINGUAL EDUCATION,
LANGUAGE ENHANCEMENT, AND LANGUAGE ACQUISITION PROGRAMS.
(a) Findings, Policy, and Purpose.--Section 7102(a)(12) (20 U.S.C.
7402(a)(12)) is amended by inserting ``, student,'' after ``parent''.
(b) Research.--Section 7132(b)(1) (20 U.S.C. 7452(b)(1)) is amended
by inserting ``, students,'' after ``parents''.
SEC. 108. AMENDMENTS TO TITLE IX REGARDING INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION.
(a) Applications.--Section 9114(c) (20 U.S.C. 7814(c)) is amended--
(1) in paragraph (3)(C) by striking ``and teachers, and, if
appropriate,'' and inserting ``, teachers, and''; and
(2) in paragraph (4)(A)(ii), by striking ``if
appropriate,'';
(b) Improvement of Educational Opportunities.--Section 9121(c)(1)
(20 U.S.C. 7831(c)(1)) is amended--
(1) by redesignating subparagraphs (J) and (K) as
subparagraphs (K) and (L), respectively; and
(2) by inserting after subparagraph (I) the following:
``(J) partnership projects between schools and
student groups to improve the achievement of Indian
students;''.
(c) National Advisory Council on Indian Education.--Section
9151(a)(1) (20 U.S.C. 7871(a)(1)) is amended by inserting ``including
Indian youth,'' after ``members,''.
SEC. 109. AMENDMENTS TO TITLE X REGARDING PROGRAMS OF NATIONAL
SIGNIFICANCE.
(a) Fund for the Improvement of Education.--Section 10101(b) (20
U.S.C. 8001(b)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii)(III), by striking ``parent'' and
inserting ``family, student,''; and
(B) in clause (iv)--
(i) by striking ``and family members'' and
inserting ``, family members, and students'';
and
(ii) by striking ``their children'' and
inserting ``the students'';
(2) in subparagraph (D), by inserting ``and peer
mentoring'' before the semicolon; and
(3) in subparagraph (O), by inserting ``and other learning
opportunities that create more meaningful roles for students
with respect to the student's own education'' before the
semicolon.
(b) Elementary School Counseling Demonstration.--Section
10102(b)(2)(I) (20 U.S.C. 8002(b)(2)(I)) is amended by inserting
``students, as developmentally appropriate,'' after ``parents,''.
(c) Partnerships in Character Education Pilot Project.--Section
10103(c)(3)(D) (20 U.S.C. 8003(c)(3)(D)) is amended by striking
``parental'' and inserting ``family, student,''.
(d) Smaller Learning Communities.--Section 10105(b)(4) (20 U.S.C.
8005(b)(4)) is amended by inserting ``students,'' after ``parents,''.
(e) Findings and Purpose for Public Charter Schools.--Section
10301(a)(2) (20 U.S.C. 8061(a)(2)) is amended by striking ``parents''
and inserting ``families and students''.
(f) Applications For Public Charter Schools.--Section
10303(b)(3)(E) (20 U.S.C. 8063(b)(3)(E)) is amended by striking
``parents'' and inserting ``families, students,''.
(g) Definitions For Public Charter Schools.--Section 10310(2) (20
U.S.C. 8066(2)) is amended by striking ``parents'' and inserting
``families and students,''.
(h) Support for Arts Education.--Section 10401(c)(5) (20 U.S.C.
8091(c)(5)) is amended by inserting ``including student organizations''
after ``organizations''.
(i) Program Authorized.--Section 10412(b) (20 U.S.C. 8102(b)) is
amended--
(1) in paragraph (1)(G), by striking ``parental'' and
inserting ``family, student,''; and
(2) in paragraph (4)(B)(i), by inserting ``student
organizations,'' after ``cultural institutions,''.
(j) Authorized Activities.--Section 10413(a)(10) (20 U.S.C.
8103(a)(10)) is amended--
(1) by striking ``parents'' and inserting ``families''; and
(2) by inserting ``and of students in their own education''
after ``children''.
(k) Instruction in Civics, Government, and the Law.--Section 10602
(20 U.S.C. 8142) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon;
(B) in paragraph (2), by striking the period and
inserting ``; and''; and
(C) by inserting at the end the following:
``(3) civic engagement of young people.''; and
(2) in subsection (b)(3), by inserting ``and civic
engagement activities'' after ``activities''.
(l) Findings Regarding 21st Century Community Learning Centers.--
Section 10902(2) (20 U.S.C. 8242(2))is amended by inserting ``student
organizations,'' after ``such as''.
(m) Uses of Funds For 21st Century Community Learning Centers.--
Section 10905 (20 U.S.C. 8245) is amended--
(1) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively;
(2) by inserting after paragraph (3) the following
paragraph:
``(4) Student civic engagement programs.''; and
(3) by adding at the end the following paragraph:
``(15) Youth and adult partnership training.''.
(n) Urban School Grants.--Section 10963(b) (20 U.S.C. 8283(b)) is
amended--
(1) in paragraph (1)(F), by inserting ``, including
programs that create more meaningful roles for students and
youth in their educations and communities'' after ``learning'';
and
(2) in paragraph (8)(C), by striking ``parental'' and
inserting ``family and student''.
(o) Purpose For Rural Education Demonstration Grants.--Section
10972(8) (20 U.S.C. 8292(8)) is amended by striking ``parental'' and
inserting ``family and student,''.
(p) Uses of Funds For Rural Education Demonstration Grants.--
Section 10974(a) (20 U.S.C. 8294(a)) is amended--
(1) in paragraph (7)--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E) the
following:
``(F) programs to create more meaningful roles for
students and youth in their schools and communities;'';
and
(2) in paragraph (8)(G), by inserting ``, civic
engagement,'' after ``citizenship''.
(q) White House Conference on Urban Education.--Section 10981 (20
U.S.C. 8311) is amended--
(1) in subsection (a)(2)(B), by striking ``parents'' and
inserting ``families and students,''; and
(2) in subsection (b)(1)(D), by inserting ``, including
students and their families'' after ``education''.
(r) Authorization To Call Conference.--Section 10982 (20 U.S.C.
8312) is amended--
(1) in subsection (a)(3)(B), by striking ``parents'' and
inserting ``families and students''; and
(2) in subsection (b)(1)(D), by inserting ``, including
students and their families'' after ``postsecondary
education''.
SEC. 110. AMENDMENTS TO TITLE XII REGARDING APPLICATIONS FOR ASSISTANCE
UNDER THE SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT
ACT.
Section 12006(b)(1) (20 U.S.C. 8506(b)(1)) is amended by striking
``parents'' and inserting ``families, students,''.
SEC. 111. AMENDMENTS TO TITLE XIII REGARDING SUPPORT AND ASSISTANCE
PROGRAMS TO IMPROVE EDUCATION.
(a) Requirements of Comprehensive Regional Assistance Centers.--
Section 13102(a)(1) (20 U.S.C. 8622(a)(1)) is amended--
(1) by redesignating subparagraphs (J), (K) and (L) as
subparagraphs (K), (L) and (M), respectively; and
(2) by inserting after subparagraph (I) the following:
``(J) expanding the involvement and participation
of students, as developmentally appropriate, in the
student's own education;''.
(b) Use of Funds Regarding Eisenhower Regional Mathematics and
Science Education Consortia.--Section 13302 (20 U.S.C. 8672) is
amended--
(1) in paragraph (4), by inserting ``, and families and
students,'' after ``educators''; and
(2) in paragraph (5), by inserting ``in consultation with
students and on a developmentally appropriate basis,'' before
``implement''.
SEC. 112. AMENDMENTS TO TITLE XIV REGARDING OPTIONAL CONSOLIDATED STATE
PLANS OR APPLICATIONS.
Section 14302(b)(1) (20 U.S.C. 8852(b)(1)) is amended by striking
``parents'' and inserting ``families''.
TITLE II--AMENDMENTS TO THE NATIONAL EDUCATION STATISTICS ACT OF 1994
SEC. 201. NATIONAL ASSESSMENT GOVERNING BOARD.
Section 412(b)(1)(M) of the National Education Statistics Act of
1994 (20 U.S.C. 9011(b)(1)(M)) is amended by striking ``parents'' and
inserting ``families and students''. | Provides for such student and youth involvement and partnerships with adults in schools and communities under various programs under the following ESEA titles: (1) I, disadvantaged students, (including State and local educational agency plans, assessment, and school improvement, and State administration); (2) II, the Dwight D. Eisenhower professional development program; (3) III, technology for education (including Federal leadership and grants); (4) IV, safe and drug-free schools and communities (including Governor's programs, local drug and violence prevention programs, Federal activities, and hate crime prevention); (5) V, promoting equity (including innovative programs and authorized activities); (6) VI, State and local responsibility for innovative education program strategies; (7) VII, bilingual education, language enhancement, and language acquisition programs, including research; (8) IX, Indian, Native Hawaiian, and Alaska Native education (including partnerships of schools and student groups to improve Indian student achievement and educational opportunities, and Indian youth participation on the National Advisory Council on Indian Education); (9) programs of national significance (including the Fund for the Improvement of Education, elementary school counseling demonstration projects, partnerships in character education pilot projects, smaller learning communities, public charter schools, support for arts education, other authorized programs and activities, instruction in civics, government, and the law, 21st Century community learning centers, urban school grants, rural education demonstration grants, and White House conferences on education); (10) XII, applications for assistance under the School Facilities Infrastructure Act; (11) XIII, support and assistance programs to improve education (including comprehensive regional assistance centers and Eisenhower regional mathematics and science education consortia); and (12) XIV, general provisions for optional consolidated State plans or applications.
Title II: Amendments to the National Education Statistics Act of 1994
- Amends the National Education Statistics Act of 1994 to include families and students (current law simply includes parents) among those whom the Secretary of Education may appoint as general public members of the National Assessment Governing Board which formulates policy guidelines for the National Assessment of Educational Progress. | {"src": "billsum_train", "title": "Youth and Adult School Partnership Act of 1999"} | 4,256 | 433 | 0.463414 | 1.470212 | 0.621256 | 2.553957 | 7.419664 | 0.918465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Disease Cluster Assistance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. COMMUNITY DISEASE CLUSTER TECHNICAL ASSISTANCE GRANTS.
(a) In General.--The Administrator, in coordination with the
Secretary may award grants in accordance with this Act to any
individual or group of individuals that may be affected by a reported
community-based disease cluster--
(1) to pay the Federal share of the technical assistance
described in subsection (d);
(2) to protect public health and the environment;
(3) to promote healthy and safe environments; and
(4) to prevent and address harmful exposures to hazardous
substances.
(b) Application.--
(1) In general.--To be eligible for a grant under this Act,
an individual or group of individuals shall submit to the
Administrator and the Secretary an application that contains a
description of the--
(A) need for technical assistance, including the
need to procure independent technical advisors to help
grant recipients interpret the information described in
subsection (d);
(B) expected outputs, including results, effects,
or consequences that will occur from the technical
assistance; and
(C) expected outcomes, including activity, effort,
or associated work products that will be produced or
provided over a period of time or by a specific date.
(2) Response.--Not later than 120 days after the date on
which an application is submitted under paragraph (1), the
Administrator and the Secretary shall respond to each applicant
in writing and describe whether the application is approved,
denied, or will be considered after the applicant modifies the
application.
(3) Criteria.--The Administrator, in coordination with the
Secretary, shall develop criteria that, if satisfied, would
result in the Administrator and the Secretary accepting an
application submitted under paragraph (1).
(c) Amount.--
(1) In general.--Except as provided in paragraph (2), each
grant awarded under this Act shall not exceed $50,000.
(2) Waiver.--The Administrator, in coordination with the
Secretary, may waive the limitation described in paragraph (1)
if the waiver is necessary to provide the technical assistance
described in subsection (d).
(d) Use of Funds.--Grants awarded under this Act shall be used to
obtain technical assistance in interpreting information regarding--
(1) investigating reported community-based disease clusters
associated with 1 or more hazardous chemicals;
(2) the potential hazardous chemicals associated with a
reported community-based disease cluster;
(3) providing individuals or groups of individuals with
community-based tools to educate the individuals on the
mitigation of hazardous chemicals associated with reported
community-based disease clusters; or
(4) other scientific and technical issues related to
reported community-based disease clusters.
(e) Number of Grants.--No individual or group of individuals shall
be awarded more than 1 grant under this Act.
(f) Non-Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
non-Federal share for each grant awarded under this Act is 20
percent.
(2) Waiver.--The Administrator, in coordination with the
Secretary, may waive the non-Federal share described in
paragraph (1) if--
(A) the recipient of the grant demonstrates
financial need; and
(B) the waiver is necessary to provide the
technical assistance described in subsection (d).
(g) Renewal of Grant.--
(1) In general.--Any grant awarded under this Act may be
renewed to facilitate technical assistance to any group of
individuals that may be affected by a reported community-based
disease cluster.
(2) Conditions.--Each renewal of a grant awarded under this
Act is subject to the same conditions that apply to an initial
grant.
(h) Reports.--Any recipient of a grant awarded under this Act shall
submit to the Administrator and the Secretary a report that describes
the progress in addressing the needs and achieving the outputs and
outcomes described in subsection (b).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
For each of fiscal years 2013 through 2018, there are authorized to
be appropriated to the Administrator and the Secretary from any funds
made available to the Administrator and the Secretary for the purpose
of providing community members with technical assistance and engagement
on environmental health issues from the Hazardous Substance Superfund
established under section 9507 of the Internal Revenue Code of 1986
such sums as are necessary to carry out section 3.
SEC. 5. EFFECT ON OTHER LAWS.
Nothing in this Act modifies, limits, or otherwise affects the
application of, or obligation to comply with, any law, including any
environmental or public health law. | Community Disease Cluster Assistance Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), in coordination with the Secretary of Health and Human Services (HHS), to award grants to any individual or group of individuals that may be affected by a reported community-based disease cluster. Requires such grants to be used to obtain technical assistance in interpreting information regarding: (1) investigating such reported disease clusters associated with hazardous chemicals, (2) the potential hazardous chemicals associated with a reported disease cluster, (3) providing individuals or groups with community-based tools to educate them about the mitigation of hazardous chemicals associated with reported disease clusters, or (4) other scientific and technical issues related to reported disease clusters. | {"src": "billsum_train", "title": "Community Disease Cluster Assistance Act"} | 1,049 | 144 | 0.619297 | 1.661802 | 0.729905 | 5.128571 | 7.242857 | 0.942857 |
SECTION 1. REVISED GUIDANCE, TERMS OF REFERENCE, AND OBJECTIVES FOR
DEPARTMENT OF DEFENSE WORKING GROUP REVIEWING POSSIBLE
REPEAL OF CURRENT POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) Modification of Guidance and Terms of Reference.--
(1) Modification required.--As specified in paragraph (2)
and subsection (b), the Secretary of Defense shall modify the
guidance and terms of reference issued on March 2, 2010, in
connection with the establishment of the Department of Defense
working group (in this section referred to as the ``working
group'') to conduct a comprehensive review of the possible
repeal of section 654 of title 10, United States Code, which
codifies United States policy concerning homosexuality in the
Armed Forces (in this section referred to as ``section 654'').
(2) Evaluation.--In making the modifications required by
paragraph (1), the Secretary shall ensure that the final report
of the working group provides a comprehensive and objective
evaluation of--
(A) whether application of section 654 has or is
undermining military readiness in any significant way;
(B) whether repeal or amendment of section 654 will
improve military readiness in significant, measurable
ways; and
(C) what the implications for and effects on
military readiness, cohesion, morale, good order, and
discipline are entailed as a result of repeal or
amendment of section 654.
(3) Scope of evaluation.--The evaluation described in
paragraph (2) shall encompass the regular and reserve
components, military family members and dependents, and matters
of expanded eligibility of retirees and their families and
dependents for Federal benefits as a result of military service
before any repeal of such section.
(b) Expanded Objectives.--In addition to the requirements
established by the terms of reference issued on March 2, 2010, the
working group shall examine and report to the Secretary of Defense on
the following matters:
(1) Whether the findings contained in subsection (a) of
section 654 remain valid.
(2) Whether section 654 has hindered, in a measurably
significant way, the ability of the Armed Forces to recruit and
retain a sufficient number of qualified personnel to meet
service manpower requirements.
(3) Whether section 654 has hindered the ability of any
component, especially the Army, the Marine Corps, and the Army
National Guard, to increase manpower, especially during
wartime.
(4) Whether the discharge of personnel under section 654
has had a measurably significant impact on military readiness
or on the ability of the Armed Forces to carry out their
wartime missions since September 11, 2001.
(5) Given the numbers of personnel discharged under section
654 since enactment of the section on November 30, 1993,
compared to the total number of personnel separated from the
Armed Forces for all reasons since that date, whether
discharges under section 654 have been a significant source of
attrition for the Armed Forces.
(6) Whether repeal of section 654 is a military necessity
for sustaining future military readiness and effectiveness.
(7) The extent to which, and how, repeal of section 654
would improve military readiness, cohesion, morale, good order,
and discipline.
(8) The extent to which repeal of section 654 would have
negative impacts on military readiness, cohesion, morale, good
order, and discipline; the nature and extent of the negative
impacts; whether the negative impacts would be of short
duration or an extended duration; and what measures will be
necessary to negate or mitigate the anticipated negative
impacts of repeal.
(9) Whether, and how, repeal of section 654 would improve
military family readiness, and the measures necessary to ensure
that a repeal of section 654 would not degrade military family
readiness.
(10) The extent to which repeal of section 654 would affect
the propensity of prospective recruits to enlist in the Armed
Forces and the propensity of influencers (such as parents,
coaches, teachers, and religious leaders) to recommend military
service.
(11) The extent to which repeal of section 654 would affect
retention, especially whether repeal of section 654 would
significantly improve the ability of the Armed Forces to retain
personnel to meet manpower requirements.
(12) Assuming repeal of section 654, the extent to which
pay and benefits (such as health care, military housing, and
survivor benefits) and other support (such as spouse employment
preferences, education and training, and dependent education)
currently provided by the Department of Defense to married
couples and families should be provided to the domestic
partners, spouses and dependents of gay and lesbian personnel,
and the extent to which those benefits should be any different
than the benefits provided to military spouses and dependents,
and the extent to which those benefits could be provided by
policy or executive order without statutory changes.
(13) The extent to which Federal laws, including those
regulating the Department of Veterans Affairs, the Department
of Education, and the Department of Health and Human Services,
the Uniform Code of Military Justice, and Department of Defense
and Department of Veterans affairs policies would have to be
changed in order for a repeal of section 654 to be effective in
promoting the readiness, morale, cohesion, welfare and
discipline of members of the Armed Forces and their families
and dependents.
(14) Whether a statute prohibiting discrimination on the
basis of sexual orientation, such as proposed in H.R. 1283 of
the 111th Congress, would be necessary or desirable as part of
the repeal of section 654; and, if the nondiscrimination policy
set out in such bill were enacted into law, given such bill's
proposed statutory definition of sexual orientation, an
evaluation of--
(A) the Department of Defense and Armed Forces
polices that would have to be changed and the nature of
the changes;
(B) the legal and practical implementation
challenges associated with such changes, especially for
commanders and leaders;
(C) the measures required to overcome those
challenges; and
(D) the effect such a nondiscrimination statute
would have on current military billeting and housing
policies and practices.
(15) Assuming repeal of section 654--
(A) whether the Defense of Marriage Act (Public Law
104-199; 1 U.S.C. 7) and the associated provision of
such H.R. 1283 would create a significant difference in
the pay, benefits, and other forms of support from the
Department of Defense, the Department of Veterans
Affairs, and other Federal departments that could be
provided to legally married heterosexual military
couples, families and dependents and the pay, benefits,
and other forms of support that could be provided to
legally married military gay couples, families and
dependents;
(B) explain the nature and extent of those
differences;
(C) explain the extent to which the limitations on
benefits resulting from the Defense of Marriage Act
would affect military readiness, cohesion, morale, and
good order and discipline; and
(D) explain the extent to which this diversity of
benefits would affect military family readiness,
morale, welfare, and cohesion.
(16) To effectively implement a repeal of section 654,
whether the Defense of Marriage Act should be repealed or
amended, and explain the basis for the conclusion.
(17) The extent to which, and the nature and objectives of,
education and training measures and programs that would be
required, upon repeal of section 654, for members of the Armed
Forces, their families, and dependents.
(18) The projected costs of a repeal of section 654,
including costs attributable to changes in military barracks,
housing policies, and military construction considered
necessary to accommodate various sexual orientations.
(19) The extent to which, upon repeal of section 654, gay
and lesbian military retirees, their families, and dependents
should be made eligible retroactively for Federal benefits in
the same manner as the benefits received by heterosexual
military retirees, their families, and dependents as a result
of service in the Armed Forces, and if so, what benefits should
be provided and at what estimated cost.
(c) Methodology.--
(1) Use of in-house resources.--The surveys, polling,
studies, updates or revisions, and analysis conducted by or for
the working group, and instruments designed to conduct such
surveys, polling, studies, updates or revisions, and analysis,
shall primarily, if not exclusively, employ the in-house
capabilities of the Department of Defense.
(2) Restriction.--If the Secretary of Defense or the
working group determines that required surveys, polling, focus
groups, and analysis cannot be conducted solely using in-house
capabilities of the Department of Defense, the Secretary and
the working group may not for those purposes employ, or use the
survey instruments or data from, any organization that has
previously done any survey, polling, or analysis work on
matters related to a potential repeal of section 654 or the
Department of Defense policy that preceded enactment of section
654.
(d) Revised Reporting Requirement and Time Lines.--Not later than
six months after the working group provides its final report to the
Secretary of Defense, the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate a report
containing--
(1) the report and recommendations of the working group, as
modified as required by subsections (a) and (b);
(2) the comments and recommendations of the Chief of Staff
of the Army, the Chief of Naval Operations, the Chief of Staff
of the Air Force, and the Commandant of the Marine Corps
regarding the conclusions and recommendations of the working
group; and
(3) the conclusions and recommendations of the Secretary of
Defense, including a comprehensive proposal for all Federal
legislation required to be enacted or amended should section
654 be repealed. | Directs the Secretary of Defense to modify the guidance and terms of reference issued in connection with the establishment of a Department of Defense (DOD) working group tasked to conduct a review of the possible repeal of federal law containing the U.S. policy concerning homosexuality in the Armed Forces (commonly referred to as the Don't Ask, Don't Tell policy). Requires the final report of the working group to include an evaluation of: (1) whether the current policy is significantly undermining military readiness; (2) whether its repeal will significantly improve military readiness; and (3) what implications for and effects on military readiness, cohesion, morale, good order, and discipline are entailed as a result of its repeal or amendment. Outlines expanded report objectives, including determining the policy's effect on recruitment and manpower requirements.
Requires the Secretary, after the final report of the working group, to report to the congressional defense committees on the working group's report and recommendations, the Secretary's conclusions and recommendations, and the comments and recommendations of the chiefs of staff of the military departments. | {"src": "billsum_train", "title": "To establish additional research, study, and reporting requirements for the Department of Defense working group reviewing the possible repeal of current United States policy concerning homosexuality in the Armed Forces, referred to as Don't Ask, Don't Tell and codified as section 654 of title 10, United States Code."} | 2,116 | 241 | 0.631989 | 2.027653 | 0.859089 | 3.1875 | 9.716346 | 0.899038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Recreational Lands Exchange
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) Areas surrounding the Colorado River in Grand County,
Utah, Dinosaur National Monument in Uintah County, Utah, and
the Book Cliffs area of Uintah County, Utah, contain nationally
recognized scenic values, significant archaeological and
historic resources, valuable wildlife habitat, and outstanding
opportunities for public recreation that are enjoyed by
hundreds of thousands of people annually.
(2) In these areas, the State of Utah owns multiple parcels
of lands granted by Congress to the State pursuant to the Utah
Enabling Act of 1894 (chapter 138; 23 Stat. 107), to be held in
trust for the benefit of the State's public school system and
other public institutions. The lands are largely scattered in
checkerboard fashion amid the Federal lands comprising the
remainder of the Colorado River corridor, Dinosaur National
Monument and Book Cliffs areas.
(3) These State trust lands were granted for the purpose of
generating financial support for Utah's public schools through
sale or development of natural resources, and the lands are
held in trust under State and Federal law for the benefit of
the public school system of the State and other beneficiary
institutions.
(4) State trust lands in the Colorado River corridor,
Dinosaur National Monument, and Book Cliffs areas contain
significant natural and recreational values, including portions
of Westwater Canyon of the Colorado River, the nationally-
recognized Kokopelli and Slickrock trails, several of the
largest natural rock arches in the United States, multiple
wilderness study areas and proposed wilderness areas, and
viewsheds for Arches National Park and Dinosaur National
Monument.
(5) The large presence of State trust lands located within
the Colorado River corridor, Dinosaur National Monument, and
Book Cliffs areas make land and resource management in the
areas more difficult, costly, and controversial for both the
State of Utah and the United States.
(6) Development of Utah State trust lands in these areas in
accordance with the purpose for which the lands were granted
could be incompatible with management of such areas for
recreational, natural, and scenic values.
(7) The United States owns lands and interests in lands
elsewhere in Utah that can be transferred to the State of Utah
in exchange without jeopardizing Federal management objectives
or needs.
(8) It is in the public interest to enact legislation
authorizing an exchange of other federally owned lands in Utah
for the Utah State trust lands located within the Colorado
River corridor, Dinosaur National Monument and Book Cliffs
areas, on terms fair to the State of Utah and the United
States.
(b) Purpose.--It is the purpose of this Act to authorize, direct,
facilitate and expedite the land exchange described herein in order to
further the public interest by disposing of Federal lands with limited
recreational and conservation values and acquiring in exchange
therefore State trust lands with important recreational, scenic, and
conservation values for permanent public management and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Offered lands.--The term ``Offered Lands'' means the
Utah State school trust lands described in section 4(b) to be
conveyed to the United States under this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Selected lands.--The term ``Selected Lands'' means the
public lands described in section 4(c) to be conveyed to the
State under this Act.
(4) State.--The term ``State'' means the State of Utah.
SEC. 4. LAND EXCHANGE.
(a) Condition.--The exchange directed by this section shall be
consummated if, not later than 30 days after the date of enactment of
this Act, the State offers to transfer to the United States the Offered
Lands.
(b) Conveyance of Offered Lands by State.--In accordance with this
Act, the State shall convey to the United States by State patent
acceptable to the Secretary, subject to valid existing rights, all
right, title, and interest of the State in and to the following Offered
Lands:
(1) Certain land comprising approximately ____ acres and
located in the Colorado River corridor in Grand County, Utah,
as generally depicted on a map entitled ``Utah Recreational
Land Exchange Offered Lands'', dated October 2004.
(2) Certain land comprising approximately ____ acres and
located in the vicinity of Dinosaur National Monument in Uintah
County, Utah, also as generally depicted on the map entitled
``Utah Recreational Land Exchange Offered Lands'', dated
October 2004.
(3) Certain land comprising approximately ____ acres and
located in the Book Cliffs area of Uintah County, Utah, also as
generally depicted on the map entitled ``Utah Recreational Land
Exchange Offered Lands'', dated October 2004.
(c) Conveyance of Selected Land by the United States.--At the time
of receipt of title to the Offered Lands, the Secretary shall
simultaneously convey to the State all right, title, and interest of
the United States, subject to valid existing rights, in and to certain
land comprising approximately ______ acres and located in Grand and
Uintah Counties, Utah, as generally depicted on a map entitled ``Utah
Recreational Land Exchange Selected Lands'', dated October 2004.
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The values of the Offered Lands and
Selected Lands--
(1) shall be approximately equal; or
(2) if the values are not approximately equal, values shall
be made approximately equal in accordance with subsection (e)
or (f).
(b) Appraisals.--The values of the Offered Lands and Selected Lands
shall be determined by appraisals using comparable sales of surface and
subsurface property and nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Appraisal Standards
for Federal Land Acquisitions (1992), the Uniform Standards of
Professional Appraisal Practice, and section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(d)) and its
implementing regulations. The appraisals of the Offered Lands and the
Selected Lands shall consider all otherwise comparable public and
private sales without regard to whether such lands were acquired for
conservation or preservation purposes, or the governmental or non-
profit status of the entity making the acquisition. If value is
attributed to minerals subject to lease under Federal mineral leasing
laws, then such value shall be proportionately adjusted to reflect
Federal mineral revenue sharing, upon the condition that the Utah
School and Institutional Trust Lands Administration shall assume the
revenue sharing obligation of the United States with respect to that
land.
(c) Appraisals; Review by Secretary and State.--The State shall
contract for appraisals of the Offered Lands and the Selected Lands
with an independent third-party appraiser or appraisers jointly
selected from a list approved by both the State and the Secretary. The
list shall be approved not later than 30 days after the State offers
the Offered Lands in accordance with subsection (a). Completed
appraisals shall be submitted to the Secretary and the State for review
not later than 120 days after selection of the appraisers.
(d) Resolution of Disagreement.--The Secretary and the State shall
independently review and approve or disapprove appraisals submitted
pursuant to subsection (c) not later than 90 days after receipt of such
appraisals. If the Secretary and the State are unable to agree on the
value of a parcel of land, the value may, by mutual agreement, be
determined in accordance with the methods set forth in sections
206(d)(2) and 206(d)(4) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(d)(2), (4)). If, one year after the date of the
enactment of this Act, the parties have not agreed upon the value of
any parcel or parcels involved in the exchange, any appropriate United
States District Court, including the United States District Court for
the District of Utah, Central Division, shall have jurisdiction to
hear, determine, and render judgment on the value of such lands. No
action provided for in this subsection may be filed with the Court
sooner than 1 year or later than 3 years after the date of the
enactment of this Act.
(e) Equalization If Surplus of Offered Lands.--In general if, after
the completion of the appraisal and dispute resolution process set
forth in subsections (b), (c), and (d), the final value of the Offered
Lands exceeds the final value of the Selected Lands the Secretary shall
delete Offered Lands from the exchange until the values are
approximately equal.
(f) Equalization If Surplus of Selected Land.--In general if, after
the completion of the appraisal and dispute resolution process set
forth in subsections (b), (c), and (d), the final value of the Selected
Lands exceeds the final value of the Offered Lands--
(1) the State and the Secretary may mutually agree to
delete lands from the Selected Lands until the values are
approximately equal; or
(2) the State and the Secretary may mutually agree to add
additional State trust lands to the Offered Lands, provided the
additional lands have been previously appraised pursuant to an
ongoing Federal acquisition process or program and the
appraised value has been accepted by the Secretary.
SEC. 6. MISCELLANEOUS PROVISIONS.
(a) Land Status.--
(1) Administration of lands acquired by united states.--In
accordance with the provisions of section 206(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), all
lands acquired by the United States pursuant to this Act shall
upon acceptance of title by the United States and without
further action by the Secretary become part of and be managed
as part of the administrative unit or area within which they
are located. The payment of mineral revenues from the acquired
lands shall be subject to the provisions of section 35 of the
Mineral Leasing Act (30 U.S.C. 2191).
(2) Withdrawal of selected land.--Subject to valid existing
rights, the Federal lands described in subsection (c)(2) are
hereby withdrawn from disposition under the public land laws
and from location, entry, and patent under the mining laws of
the United States, from the operation of the mineral leasing
laws of the United States, from operation of the Geothermal
Steam Act of 1970, and from the operation of the Act of July
31, 1947, commonly known as the Materials Act of 1947 (30
U.S.C. 601 and following).
(b) Grazing Permits.--
(1) In general.--On all lands exchanged under this Act, the
party acquiring title to such lands shall honor, for the
remainder of the applicable term, all leases, permits, and
contracts for the grazing of domestic livestock, and the
related terms and conditions of user agreements on exchanged
lands, including permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range improvements.
Upon expiration of any lease or permit, the holder shall be
entitled to a preference right to renew such lease or permit to
the extent provided by Federal or State law. Nothing in this
Act shall prevent the State from canceling any grazing permit
when the underlying land is sold, conveyed, transferred, or
leased for nongrazing purposes by the State.
(2) Base properties.--In any instance where lands conveyed
by the State under this Act are used by a grazing permittee or
lessee to meet the base property requirements for a Federal
grazing permit or lease, such lands shall continue to qualify
as base properties for the remaining term of the lease or
permit and any renewal or extensions thereof.
(c) Hazardous Materials.--The Secretary and, as a condition of the
exchange, the State shall make available for review and inspection all
pertinent records relating to hazardous materials (if any) on the lands
to be exchanged pursuant to this Act. The responsibility for costs of
remedial action related to such materials shall be borne by those
entities responsible under existing law.
(d) Timing.--The land exchange authorized under this Act shall be
complete not later than 330 days after the date on which the State
makes the Secretary an offer to exchange under section 4(a), unless the
Secretary and the State agree to extend the date of the completion of
the land exchange.
(e) Provisions Relating to Federal Lands.--The enactment of this
Act shall be construed as satisfying the provisions of section 206(a)
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(a)) requiring that exchanges of lands be in the public interest. | Utah Recreational Lands Exchange Act - Directs the State of Utah to convey to the United States specified Utah State school trust lands located in the Colorado River Corridor of Grand County, in the vicinity of Dinosaur National Monument in Uintah County, and in the Book Cliffs area of Uintah County, Utah. Requires the Secretary of the Interior simultaneously to convey to Utah specified public land located in those counties.
Requires the value of the exchanged lands to be approximately equal or to be equalized, following appraisal and a specified dispute resolution process, by adding or subtracting lands. | {"src": "billsum_train", "title": "To authorize and direct the exchange of lands in Grand and Uintah Counties, Utah, and for other purposes."} | 2,930 | 139 | 0.553391 | 1.662593 | 0.621182 | 3.794393 | 24.261682 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conduit Contribution Prevention Act
of 2001''.
SEC. 2. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT
CONTRIBUTION BAN.
(a) Increase in Civil Money Penalty for Knowing and Willful
Violations.--Section 309(a) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437g(a)) is amended--
(1) in paragraph (5)(B), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''; and
(2) in paragraph (6)(C), by inserting before the period at
the end the following: ``(or, in the case of a violation of
section 320, which is not less than 300 percent of the amount
involved in the violation and is not more than the greater of
$50,000 or 1000 percent of the amount involved in the
violation)''.
(b) Increase in Criminal Penalty.--
(1) In general.--Section 309(d)(1) of such Act (2 U.S.C.
437g(d)(1)) is amended by adding at the end the following new
subparagraph:
``(D) Any person who knowingly and willfully commits a violation of
section 320 involving an amount aggregating $1,000 or more during a
calendar year shall be fined, or imprisoned for not more than 2 years,
or both. The amount of the fine shall not be less than 300 percent of
the amount involved in the violation and shall not be more than the
greater of $50,000 or 1000 percent of the amount involved in the
violation.''.
(2) Guidelines by united states sentencing commission.--
(A) In general.--The United States Sentencing
Commission shall
(i) promulgate a guideline, or amend an
existing guideline under section 994 of title
28, United States Code, in accordance with
subparagraph (B), for penalties for violations
of section 320 of the Federal Election Campaign
Act of 1971; and
(ii) submit to Congress an explanation of
any guidelines promulgated or amended under
clause (i).
(B) Consideration of amount involved.--In
promulgating the guideline for penalties for violations
of section 320 of the Federal Election Campaign Act of
1971 pursuant to subparagraph (A), the United States
Sentencing Commission shall account for variations in
the amount of the contribution made in violation of
such section.
(C) Effective date; emergency authority to
promulgate guideline.--The United States Sentencing
Commission shall promulgate the guideline required
under this paragraph not later than 90 days after the
date of enactment of this Act. The Commission shall
promulgate such guideline in accordance with the
procedures set forth in section 21(a) of the Sentencing
Reform Act of 1987, as though the authority under such
Act had not expired.
(3) Conforming amendment.--Section 309(d)(1)(A) of such Act
(2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other than
section 320)'' after ``this Act''.
(c) Mandatory Referral to Attorney General.--Section 309(a)(5)(C)
of such Act (2 U.S.C. 437(a)(5)(C)) is amended by inserting ``(or, in
the case of a violation of section 320, shall refer such apparent
violation to the Attorney General of the United States)'' after
``United States''.
(d) Statute of Limitations.--Section 406(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by inserting after
``3 years'' the following: ``(or 5 years, in the case of a violation of
section 320)''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 3. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL CAMPAIGN-
RELATED DISBURSEMENTS.
(a) Prohibition on Disbursements by Foreign Nationals.--Section 319
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is
amended--
(1) in the heading, by striking ``contributions'' and
inserting ``disbursements'';
(2) in subsection (a), by striking ``contribution'' each
place it appears and inserting ``disbursement''; and
(3) in subsection (a), by striking the semicolon and
inserting the following: ``, including any disbursement to a
political committee of a political party and any disbursement
for an independent expenditure;''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to disbursements made on or after the date of the
enactment of this Act. | Conduit Contribution Prevention Act of 2001 - Amends the Federal Election Campaign Act of 1971 to increase civil money and criminal penalties for knowing and willful violations of the prohibition against making or accepting contributions in the name of another. Sets both civil and criminal fines at not less than 300 percent of the amount involved in the violation and not more than the greater of $50,000 or 1,000 percent of such amount. Mandates imprisonment for two years, or the aforementioned criminal fine, or both, for criminal violations. Limits criminal penalties to violations involving an amount aggregating $1,000 or more during a calendar year. Directs the U.S. Sentencing Commission to promulgate related sentencing guidelines.Changes from discretionary to mandatory the authority of the Federal Election Commission to refer to the Attorney General any instance of probable cause that a violation of such prohibition has occurred.Revises the current ban on contributions by foreign nationals to encompass all disbursements by foreign nationals, including any disbursement to a political committee of a political party and any disbursement for an independent expenditure. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign-related disbursements, and for other purposes."} | 1,208 | 238 | 0.597575 | 1.82366 | 0.802758 | 3.145833 | 5.09375 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Discovery Trails Act of
2001''.
SEC. 2. AUTHORIZATION OF NATIONAL DISCOVERY TRAILS COMPONENT OF
NATIONAL TRAILS SYSTEM.
(a) Additional Component of System.--Section 3(a) of the National
Trails System Act (16 U.S.C. 1242(a)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) National discovery trails, established as provided in
section 5 and subject to the special requirements of section
7A, which will be extended, continuous, interstate trails so
located as to--
``(A) provide for outstanding outdoor recreation
and travel and the conservation and enjoyment of
significant natural, cultural, and historic resources
associated with the trail; and
``(B) connect representative examples of America's
trails and metropolitan, urban, rural, and backcountry
regions of the Nation.''.
(b) Special Requirements for National Discovery Trails.--The
National Trails System Act is amended by inserting after section 7 (16
U.S.C. 1246) the following new section:
``SEC. 7A. SPECIAL ADMINISTRATION AND DEVELOPMENT REQUIREMENTS
APPLICABLE TO NATIONAL DISCOVERY TRAILS.
``(a) Designation Authority.--A national discovery trail may be
designated on Federal lands and, with the consent of the owner thereof,
on non-Federal lands. The appropriate Secretary shall obtain the
consent of the owner of non-Federal lands through the use of a written
agreement, which shall include such terms and conditions as the parties
to the agreement consider advisable, and may include provisions
regarding the discontinuation of the trail designation on the lands
covered by the agreement.
``(b) Notice to Landowners.--As part of a feasibility study or
environmental assessment concerning a proposed national discovery trail
designation, the appropriate Secretary conducting the study or
assessment shall provide notification to owners of nonpublic lands
where the proposed national discovery trail may cross on or abut
nonpublic lands.
``(c) Protection of Use of Adjacent Lands.--The Congress does not
intend for the establishment of a national discovery trail to lead to
the creation of protective perimeters or buffer zones adjacent to the
trail. The fact that there may be activities or uses on lands adjacent
to the trail that would not be permitted on the trail shall not
preclude such activities or uses on such lands adjacent to the trail to
the extent consistent with other applicable law. Nothing in this Act
may be construed to impose, or permit the imposition of, any
limitations on the use of any non-Federal lands without the consent of
the owner of the lands.
``(d) Prevention of Trespass of Private Lands.--The appropriate
Secretary shall initiate consultations with affected States and their
political subdivisions to develop and implement appropriate measures to
protect nonpublic landowners from trespass resulting from visitor use
of a national discovery trail and from unreasonable personal liability
and property damage caused by trail use. After such consultation, the
appropriate Secretary may provide assistance to such States and their
political subdivisions under appropriate cooperative agreements in the
manner provided by this subsection.
``(e) Relation to Rights-of-Way.--Neither the designation of a
national discovery trail nor any plan related thereto shall affect, or
be considered, in the granting or denial of a right-of-way or any
conditions relating thereto.
``(f) Cooperative Administration.--The appropriate Secretary for
each national discovery trail shall administer the trail in cooperation
with a competent trailwide volunteer-based organization.
``(g) Relation to Other Trails.--Where national discovery trails
are congruent with other local, State, national scenic, or national
historic trails, the designation of the national discovery trail shall
not in any way diminish the values and significance for which these
trails were established.''.
(c) Conditions on Conduct of Feasibility Studies.--Section 5(b) of
the National Trails System Act (16 U.S.C. 1244(b)) is amended--
(1) by redesignating paragraphs (1) through (10) as
subparagraphs (A) through (J), respectively;
(2) by striking ``the'' at the beginning of each of
subparagraphs (A) through (J), as so redesignated, and
inserting ``The'';
(3) by striking the semicolon at the end of each of
subparagraphs (A) through (I), as so redesignated, and
inserting a period;
(4) in subparagraph (J), as so redesignated, by striking
``; and'' and inserting a period;
(5) by inserting ``(1)'' after ``(b)'' at the beginning of
the subsection;
(6) by redesignating paragraph (11) as paragraph (2) and
conforming the margins to paragraph (1); and
(7) by adding at the end the following new paragraph:
``(3)(A) For purposes of this subsection, a trail shall not be
considered feasible and desirable for designation as a national
discovery trail unless it meets all of the following criteria:
``(i) The trail must link to one or more areas within the
boundaries of a metropolitan area (as those boundaries are
determined under section 134(c) of title 23, United States
Code), and the trail should also join with other trails,
thereby tying the National Trails System to significant
recreation and resources areas.
``(ii) The trail must be supported by at least one
competent trailwide volunteer-based organization, and must have
extensive local and trailwide support by the public, by user
groups, and by affected State and local governments.
``(iii) The trail must be extended and pass through more
than one State. At a minimum, it should be a continuous,
walkable route.
``(B) National discovery trails are specifically exempted from the
provisions of sections 7(g) of this Act.
``(C) The appropriate Secretary shall obtain written consent from
affected landowners prior to entering nonpublic lands for the purposes
of conducting any surveys or studies of nonpublic lands relating to
designating or administering national discovery trails.''.
(d) Comprehensive National Discovery Trail Plan.--Section 5 of the
National Trails System Act (16 U.S.C. 1244) is amended by adding at the
end the following new subsection:
``(g) Comprehensive National Discovery Trail Plan.--
``(1) Preparation and submission.--Within three complete
fiscal years after the date of enactment of legislation
designating a national discovery trail, the responsible
Secretary shall submit to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate a comprehensive plan for the
protection, management, development, and use of the Federal
portions of the trail and for the provision of technical
assistance to States and local units of government and private
landowners, as requested, for non-Federal portions of the
trail.
``(2) Cooperation and consultation.--In developing a
comprehensive management plan for a national discovery trail,
the responsible Secretary shall cooperate to the fullest
practicable extent with the organizations sponsoring the trail.
The responsible Secretary shall ensure that the comprehensive
plan does not conflict with existing agency direction and shall
consult with the affected land managing agencies, the Governors
of the affected States, affected county and local political
jurisdictions, and local organizations maintaining components
of the trail.
``(3) Special requirements of plan.--Components of the
comprehensive management plan for a national discovery trail
shall include the following:
``(A) Policies, objectives, and practices to be
observed in the administration and management of the
trail, including the identification of all significant
natural, historical, and cultural resources to be
preserved, model agreements necessary for joint trail
administration among and between interested parties,
and an identified carrying capacity for critical
segments of the trail, and procedures for
implementation, where appropriate.
``(B) Strategies for trail protection to retain the
values for which the trail is being established and
recognized by the Federal Government.
``(C) General and site-specific trail-related
development, including anticipated costs.
``(D) The process to be followed to implement the
trail marking authorities in section 7(c) conforming to
approved trail logo or emblem requirements.''.
(e) Conforming Amendments to Reflect New Category of National
Trail.--The National Trails System Act is amended--
(1) in section 2(b) (16 U.S.C. 1241(b)), by striking
``scenic and historic'' and inserting ``scenic, historic, and
discovery'';
(2) in section 5 (16 U.S.C. 1244)--
(A) by striking the section heading and ``Sec. 5.
(a)'' and inserting the following:
``SEC. 5. NATIONAL SCENIC, NATIONAL HISTORIC, AND NATIONAL DISCOVERY
TRAILS.
``(a) Congressionally Authorized Trails.--'';
(B) in subsection (a), in the matter preceding
paragraph (1)--
(i) by striking ``and national historic''
and inserting ``, national historic, and
national discovery''; and
(ii) by striking ``and National Historic''
and inserting ``, National Historic, and
National Discovery''; and
(C) in subsection (b)(1) (as amended by subsection
(c) of this section)--
(i) in the matter preceding subparagraph
(A), by striking ``or national historic'' and
inserting ``, national historic, or national
discovery''; and
(ii) in subparagraph (C), by striking ``or
national historic'' and inserting ``, national
historic, or national discovery''; and
(3) in section 7 (16 U.S.C. 1246)--
(A) in subsection (a)(2), by striking ``and
national historic'' and inserting ``, national
historic, and national discovery'';
(B) in subsection (b), by striking ``or national
historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(C) in subsection (c)--
(i) by striking ``scenic or national
historic'' each place it appears and inserting
``scenic, national historic, or national
discovery'';
(ii) in the second proviso, by striking
``scenic, or national historic'' and inserting
``scenic, national historic, or national
discovery''; and
(iii) by striking ``, and national
historic'' and inserting ``, national historic,
and national discovery'';
(D) in subsection (d), by striking ``or national
historic'' and inserting ``national historic, or
national discovery'';
(E) in subsection (e), by striking ``or national
historic'' each place such term appears and inserting
``, national historic, or national discovery'';
(F) in subsection (f)(2), by striking ``National
Scenic or Historic Trail'' and inserting ``national
scenic, historic, or discovery trail'';
(G) in subsection (h)(1), by striking ``or national
historic'' and inserting ``national historic, or
national discovery''; and
(H) in subsection (i), by striking ``or national
historic'' and inserting ``national historic, or
national discovery''.
SEC. 3. DESIGNATION OF AMERICAN DISCOVERY TRAIL AS A NATIONAL DISCOVERY
TRAIL.
Section 5(a) of National Trails System Act (16 U.S.C. 1244(a)) is
amended--
(1) by redesignating the second paragraph (21) as paragraph
(22); and
(2) by adding at the end the following new paragraph:
``(23) The American Discovery Trail, a trail of approximately 6,000
miles extending from Cape Henlopen State Park in Delaware to Point
Reyes National Seashore in California, extending westward through
Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and
Kentucky, where near Cincinnati it splits into two routes. The Northern
Midwest route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and
Colorado, and the Southern Midwest route traverses Indiana, Illinois,
Missouri, Kansas, and Colorado. After the two routes rejoin in Denver,
Colorado, the route continues through Colorado, Utah, Nevada, and
California. The trail is generally described in Volume 2 of the
National Park Service feasibility study dated June 1995 which shall be
on file and available for public inspection in the office of the
Director of the National Park Service, Department of the Interior. The
American Discovery Trail shall be administered by the Secretary of the
Interior in cooperation with at least one competent trailwide
volunteer-based organization, affected land managing agencies and State
and local governments as appropriate. No lands or interests outside the
exterior boundaries of federally administered areas may be acquired by
the Federal Government solely for the American Discovery Trail. The
American Discovery Trail is specifically exempted from the provisions
of subsection (e), (f), and (g) of section 7.''. | National Discovery Trails Act of 2001 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities.Authorizes the designation of such trails on Federal lands and, with the consent of the owner, on non-Federal lands. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization.Provides requirements for designation as a national discovery trail.Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. | {"src": "billsum_train", "title": "To amend the National Trails System Act to authorize an additional category of national trail known as a national discovery trail, to provide special requirements for the establishment and administration of national discovery trails, and to designate the cross country American Discovery Trail as the first national discovery trail."} | 2,952 | 196 | 0.648352 | 1.687051 | 0.867165 | 3.834356 | 16.680982 | 0.93865 |
SECTION 1. RESTORATION OF PRESUMPTION OF TOTAL DISABILITY IN
DETERMINATION OF PENSION FOR CERTAIN VETERANS.
Section 1502(a) of title 38, United States Code, is amended by
striking out ``if such'' and all that follows through ``is suffering''
and inserting in lieu thereof ``if such person is 65 years of age or
older or becomes unemployable after age 65, or is suffering''.
SEC. 2. RESTORATION OF PENSION AMOUNT FOR CERTAIN VETERANS RECEIVING
MEDICAID-COVERED NURSING HOME CARE.
Section 5503 of title 38, United States Code, is amended by
striking out subsection (f).
SEC. 3. RESTORATION OF RIGHTS OF CERTAIN SURVIVORS FOR REINSTATEMENT OF
BENEFITS ELIGIBILITY UPON BECOMING SINGLE.
Section 103 of title 38, United States Code, is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' after ``(d)''; and
(B) by adding at the end the following:
``(2) The remarriage of the surviving spouse of a veteran shall not
bar the furnishing of benefits to such person as the surviving spouse
of the veteran if the remarriage has been terminated by death or has
been dissolved by a court with basic authority to render divorce
decrees unless the Secretary determines that the divorce was secured
through fraud by the surviving spouse or collusion.
``(3) If a surviving spouse ceases living with another person and
holding himself or herself out openly to the public as that person's
spouse, the bar to granting that person benefits as the surviving
spouse of the veteran shall not apply.''; and
(2) in subsection (e)--
(A) by inserting ``(1)'' after ``(e)''; and
(B) by adding at the end the following:
``(2) The marriage of a child of a veteran shall not bar the
recognition of such child as the child of the veteran for benefit
purposes if the marriage has been terminated by death or has been
dissolved by a court, with basic authority to render divorce decrees
unless the Secretary determines that the divorce was secured through
fraud by either party or collusion.''.
SEC. 4. RESTORATION OF MEDICATION BENEFIT WITHOUT COPAYMENT.
(a) Repeal.--Section 1722A of title 38, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by striking out the item relating
to section 1722A.
SEC. 5. RESTORATION OF HEALTH-CARE CATEGORIES AND COPAYMENTS.
(a) Inpatient Care.--(1) Subsection (a) of section 1710 of title
38, United States Code, is amended--
(A) in paragraph (1)(I) by striking ``1722(a)'' and
inserting in lieu thereof ``1722(a)(1)''; and
(B) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2)(A) To the extent that resources and facilities are available,
the Secretary may furnish hospital care and nursing home care which the
Secretary determines is needed to a veteran for a non-service-connected
disability if the veteran has an income level described in section
1722(a)(2) of this title.
``(B) In the case of a veteran who is not described in paragraph
(1) or in subparagraph (A), the Secretary may furnish hospital care and
nursing home care which the Secretary determines is needed to the
veteran for a non-service-connected disability--
``(i) to the extent that resources and facilities are
otherwise available; and
``(ii) subject to the provisions of subsection (f).''.
(2) Subsection (f) of such section is amended--
(A) by striking out paragraphs (1) and (2) and inserting in
lieu thereof the following:
``(f)(1) The Secretary may not furnish hospital care or nursing
home care under this section to a veteran who is eligible for such care
by reason of subsection (a)(2)(B) unless the veteran agrees to pay to
the United States the applicable amount determined under paragraph (2)
of this subsection.
``(2) A veteran who is furnished hospital care or nursing home care
under this section and who is required under paragraph (1) to agree to
pay an amount to the United States in order to be furnished such care
shall be liable to the United States for an amount equal to the lesser
of--
``(A) the cost of furnishing such care, as determined by
the Secretary, and
``(B) the amount determined under paragraph (3) of this
subsection.''; and
(B) in subparagraphs (A) and (B) of paragraph (3), by
striking out ``(2)(A)(ii)'' each place it appears and inserting
in lieu thereof ``(2)(B)''.
(b) Outpatient Care.--Subsection (f) of section 1712 of such title
is amended--
(1) in paragraph (1), by striking out ``1710(a)(2)'' and
inserting in lieu thereof ``1710(a)(2)(B)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(5) and (7), respectively;
(3) by inserting after paragraph (2) the following:
``(3) A veteran may not be required to make a payment under this
subsection for services furnished under subsection (a) during any 90-
day period to the extent that such payment would cause the total amount
paid by the veteran under this subsection for medical services
furnished during that period and under section 1710(f) of this title
for hospital and nursing home care furnished during that period to
exceed the amount of the inpatient Medicare deductible in effect on the
first day of such 90-day period.
``(4) A veteran may not be required to make a payment under this
subsection if such payment would result in the veteran paying, under
this subsection and section 1710(f) of this title, a total amount
greater than four times the amount of the inpatient Medicare deductible
for care or services, or any combination thereof, furnished under this
chapter during any 365-calendar day period.''; and
(4) by inserting after paragraph (5), as so redesignated,
the following:
``(6) For the purposes of this subsection, the term ``inpatient
Medicare deductible'' means the amount of the inpatient hospital
deductible in effect under section 1813(b) of the Social Security Act
(42 U.S.C. 1395e(b)).''.
(c) Income Thresholds.--(1) Subsection (a) of section 1722 of such
title is amended--
(A) by inserting ``(1)'' after ``(a)'';
(B) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(C) by striking out ``amount set forth in subsection (b)''
in subparagraph (C), as so redesignated, and inserting in lieu
thereof ``Category A threshold''; and
(D) by adding at the end the following:
``(2) For the purposes of section 1710(a)(2)(A) of this title, a
veteran's income level is described in this paragraph if the veteran's
attributable income is not greater than the Category B threshold.''.
(2) Subsection (b) of such section is amended to read as follows:
``(b) For the purposes of this section:
``(1) The Category A threshold--
``(A) for the calendar year beginning on January 1,
1989, is--
``(i) $16,466 in the case of a veteran with
no dependents; and
``(ii) $19,759 in the case of a veteran
with one dependent, plus $1,098 for each
additional dependent; and
``(B) for a calendar year beginning after January
1, 1989, is the amount in effect for purposes of this
paragraph for the preceding calendar year as adjusted
under subsection (c) of this subsection.
``(2) The Category B threshold--
``(A) for the calendar year beginning on January 1,
1989, is--
``(i) $21,954 in the case of a veteran with
no dependents; and
``(ii) $27,440 in the case of a veteran
with one dependent, plus $1,098 for each
additional dependent; and
``(B) for a calendar year beginning after January
1, 1989, is the amount in effect for purposes of this
paragraph for the preceding calendar year as adjusted
under subsection (c) of this subsection.''.
(3) Subsection (c) of such section is amended by inserting
``paragraphs (1) and (2) of'' after ``in effect under''.
(4) Paragraph (2) of subsection (d) of such section is amended to
read as follows:
``(2) A determination described in this paragraph is a
determination--
``(A) that for the purposes of subsection (a)(1)(C) of this
section a veteran's attributable income is not greater than the
Category A threshold; or
``(B) that for the purposes of subsection (a)(2) of this
section, a veteran's attributable income is not greater than
the Category B threshold.''.
(5) Subsection (e) of such section is amended--
(A) in paragraph (1), by striking out ``the amount
determined under subsection (b) of this section'' and inserting
in lieu thereof ``the Category A threshold or the Category B
threshold, as appropriate''; and
(B) by striking out paragraph (2) and inserting in lieu
thereof the following:
``(2)(A) A veteran is described in this paragraph for the purposes
of subsection (a)(1) if--
``(i) the veteran has an attributable income greater than
the Category A threshold; and
``(ii) the current projections of such veteran's income for
the current year are that the veteran's income for such year
will be substantially below such threshold.
``(B) A veteran is described in this paragraph for the purpose of
subsection (a)(2) of this section if--
``(i) the veteran has an attributable income greater than
the Category B threshold; and
``(ii) the current projections of such veteran's income for
the current year are that the veteran's income for such year
will be substantially below such threshold.''.
SEC. 6. RESTORATION OF EDUCATION BENEFITS.
Section 3102(1) of title 38, United States Code, is amended by
striking out ``at a rate of 20 percent or more'' after ``compensable''
each place it appears.
SEC. 7. RESTORATION OF BURIAL AND GRAVE MARKER BENEFITS.
(a) Headstone Allowance.--Section 2306 of title 38, United States
Code, is amended by adding at the end the following:
``(e) In lieu of furnishing a headstone or marker under subsection
(a)(2) or (b), the Secretary, in the Secretary's discretion, having due
regard for the circumstances in each case, may reimburse the person
entitled to request such headstone or marker for the cost of acquiring
a non-Government headstone or marker for placement in any cemetery
other than a national cemetery in connection with the burial or
memorialization of the deceased individual. The cost referred to in the
preceding sentence is the cost actually incurred by or on behalf of
such person or the cost prepaid by the deceased individual as the case
may be. Reimbursement under this subsection may be made only upon the
request of the person entitled to request the headstone or marker and
may not be made in an amount in excess of the average actual cost, as
determined by the Secretary, of headstones and markers furnished under
subsections (a) and (b).''.
(b) Plot Allowance.--Section 2303(b)(2) of such title is amended by
striking out ``(other than'' and all that follows through ``any war)''.
SEC. 8. RESTORATION OF CRITERIA FOR LINE-OF-DUTY AND MISCONDUCT
DETERMINATIONS.
Sections 105(a), 1110, and 1131 of title 38, United States Code,
are each amended by striking out ``a result of the person's own willful
misconduct or abuse of alcohol or drugs'' and inserting in lieu thereof
``the result of the person's own willful misconduct''. | Presumes a veteran to be totally disabled for purposes of pension determination provisions if such person is 65 or older or becomes unemployable after such age.
Restores the full permitted monthly pension (currently $90) for veterans having neither spouse nor child and receiving Medicaid-covered nursing home care.
Provides that the remarriage of a veteran's surviving spouse shall not eliminate the right of such former spouse to survivors' benefits if the remarriage is terminated or dissolved unless the Secretary of Veterans Affairs determines that the divorce was secured through fraud or collusion by the surviving spouse. Provides similar benefits protection for a veteran's child whose marriage is dissolved without fraud or collusion.
Repeals a Federal provision requiring a minimum copayment for medication received for a nonservice-connected disability by a veteran with a service-connected disability rated at 50 percent or less.
Authorizes the Secretary to furnish hospital and nursing home care for the nonservice-connected disability of a veteran whose income falls below a specified level. Allows such care to be furnished to other ineligible veterans if a minimum amount is paid by such veteran.
Prohibits a veteran from being required to pay for certain outpatient services furnished during any 90-day period. Revises certain income thresholds used in determining whether such payment is required.
Entitles all veterans with a service-connected disability (currently, only those whose rating is 20 percent or more) to the basic veterans' educational assistance entitlement.
Authorizes the Secretary, in lieu of furnishing a headstone or grave marker, to reimburse a person for the cost of such in any cemetery other than a national cemetery in the case of a veteran's burial.
Allows a veteran's abuse of alcohol or drugs to be considered an injury incurred in the line of duty for purposes of eligibility for veterans' benefits and misconduct determinations. | {"src": "billsum_train", "title": "To restore reductions in veterans benefits made by the Omnibus Budget Reconciliation Act of 1990."} | 2,854 | 427 | 0.628174 | 2.15342 | 0.724258 | 2.117143 | 7.48 | 0.82 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Faith With the Greatest
Generation Military Retirees Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to December 7,
1956, and retired after serving a minimum of 20 years.
(2) Recruiters, re-enlistment counselors, and officers at
all levels of the uniformed services, and other government
officials, as agents of the United States Government, used
recruiting tactics that allowed members who entered the
uniformed services prior to December 7, 1956, to believe they
would be entitled to fully paid lifetime health care upon
retirement.
(3) In the decision of Schism v. United States (No. 99-
1402) on November 18, 2002, the United States Court of Appeals
for the Federal Circuit said: ``[W]e must affirm the district
court's judgment and can do no more than hope Congress will
make good on the promises recruiters made in good faith to
plaintiffs and others of the World War II and Korean War era--
from 1941 to 1956, when Congress enacted its first health care
insurance act for military members, excluding older retirees. .
. . We cannot readily imagine more sympathetic plaintiffs than
the retired officers of the World War II and Korean War era
involved in this case. They served their country for at least
20 years with the understanding that when they retired they and
their dependents would receive full free health care for life.
The promise of such health care was made in good faith and
relied upon. Again, however, because no authority existed to
make such promises in the first place, and because Congress has
never ratified or acquiesced to this promise, we have no
alternative but to uphold the judgment against the retirees'
breach-of-contract claim. . . . Perhaps Congress will consider
using its legal power to address the moral claims raised by
[the plaintiffs] on their own behalf, and indirectly for other
affected retirees.''.
(4) Only the United States Congress can make good on the
promises recruiters made in good faith to plaintiffs and others
of the World War II and Korean War era.
SEC. 3. WAIVER OF MEDICARE PART B PREMIUM FOR CERTAIN MILITARY
RETIREES.
(a) In General.--Section 1839 of the Social Security Act (42 U.S.C.
1395r) is amended--
(1) in subsection (a)(2), by striking ``The monthly
premium'' and inserting ``Except as provided in subsection (j),
the monthly premium''; and
(2) by adding at the end the following new subsection:
``(j)(1) The amount of the monthly premium for an eligible
individual enrolled under this part is equal to $0.
``(2) For purposes of paragraph (1), the term `eligible individual'
means--
``(A) an individual who is entitled to retired or retainer
pay based upon service in the uniformed services (as defined in
section 101 of title 10, United States Code) that began before
December 7, 1956;
``(B) the spouse (as determined under section 7703 of the
Internal Revenue Code of 1986) of an individual described in
subparagraph (A); and
``(C) the widow or widower, as the case may be, of an
individual described in subparagraph (A).
``(3) With respect to years beginning after the date of the
enactment of this subsection, the monthly premium rate calculated under
subsection (a)(3) for individuals enrolled under this part who are not
eligible individuals under this subsection shall be determined without
regard to benefits and administrative costs attributable to such
eligible individuals during such years.''.
(b) Conforming Amendment.--Subsection (i) of such section is
amended by adding at the end the following new paragraph:
``(7) Inapplicability to certain military retirees.--This
subsection shall not apply to eligible individuals (as defined
in subsection (j)(2)).''.
(c) Effective Date; Rebate Mechanism.--
(1) In general.--The amendments made by this section shall
apply to premiums for months beginning on or after the date
that is 45 days after the date of the enactment of this Act.
(2) Rebate method.--The Secretary of Health and Human
Services shall use the rebate method established pursuant to
section 625(a)(2) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173,
117 Stat. 2318) to provide rebates to eligible individuals (as
defined in subsection (j)(2) of section 1839 of the Social
Security Act, as added by subsection (a)) of any premium or
premium penalty paid under such section for months described in
paragraph (1). | Keeping Faith With the Greatest Generation Military Retirees Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals. | {"src": "billsum_train", "title": "To amend part B of title XVIII of the Social Security Act to waive Medicare part B premiums for certain military retirees."} | 1,071 | 104 | 0.391381 | 1.169787 | 0.302178 | 2.988235 | 11.788235 | 0.917647 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation Extension Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 101. Federal-aid highway programs continuation.
Sec. 102. Administrative expenses.
TITLE II--ADDITIONAL PROGRAMS
Sec. 201. Dingell-Johnson Sport Fish Restoration Act.
TITLE III--RESCISSION
Sec. 301. Rescission of unobligated balances.
SEC. 2. DEFINITIONS.
In this Act and the amendments made by this Act:
(1) Part-year funding date.--The term ``Part-Year Funding
Date'' means January 31, 2012.
(2) Part-year ratio.--The term ``Part-Year Ratio'' means
the ratio calculated by dividing--
(A) the number of days included in the period
beginning on October 1, 2011, and ending on the Part-
Year Funding Date; by
(B) 366.
(3) SAFETEA-LU.--The term ``SAFETEA-LU'' means the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144).
(4) STEA of 2010.--The term ``STEA of 2010'' means the
Surface Transportation Extension Act of 2010 (Public Law 111-
147; 124 Stat. 78).
TITLE I--FEDERAL-AID HIGHWAYS
SEC. 101. FEDERAL-AID HIGHWAY PROGRAMS CONTINUATION.
(a) In General.--Except as otherwise provided in this section,
requirements, authorities, conditions, eligibilities, limitations, and
other provisions authorized under titles I, V, and VI of SAFETEA-LU
(119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of 2008 (122
Stat. 1572), titles I and VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914), titles I and V of the
Transportation Equity Act for the 21st Century (112 Stat. 107), and
title 23, United States Code (excluding chapter 4 of that title), which
would otherwise expire on or cease to apply after September 30, 2011,
are incorporated by reference and shall continue in effect through the
Part-Year Funding Date.
(b) Authorization of Appropriations.--Except as provided in section
102, there are authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) for the period beginning on
October 1, 2011, and ending on the Part-Year Funding Date, a sum equal
to--
(1) the total amount authorized to be appropriated out of
the Highway Trust Fund (other than the Mass Transit Account)
for programs, projects, and activities for fiscal year 2011
under subtitle A of title IV of the STEA of 2010; multiplied by
(2) the Part-Year Ratio.
(c) Use of Funds.--
(1) In general.--Except as otherwise expressly provided in
this section, funds authorized to be appropriated under
subsection (b) for the period beginning on October 1, 2011, and
ending on the Part-Year Funding Date, shall be distributed,
administered, limited, and made available for obligation in the
same manner and in the same proportional amounts as funds
authorized to be appropriated out of the Highway Trust Fund for
fiscal year 2011 to carry out programs, projects, activities,
eligibilities, and requirements under sections 411(d)(2),
411(d)(3)(B), and 411(d)(4) of the STEA of 2010, SAFETEA-LU
(119 Stat. 1144), the SAFETEA-LU Technical Corrections Act of
2008 (122 Stat. 1572), titles I and VI of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1914),
titles I and V of the Transportation Equity Act for the 21st
Century (112 Stat. 107), and title 23, United States Code
(excluding chapter 4 of that title).
(2) Contract authority.--
(A) In general.--Except as provided in subparagraph
(B), funds authorized to be appropriated under this
section--
(i) shall be available for obligation and
shall be administered in the same manner as if
such funds were apportioned under chapter 1 of
title 23, United States Code; and
(ii) for the period beginning on October 1,
2011, and ending on the Part-Year Funding Date,
shall be subject to a limitation on obligations
included in an Act making appropriations for
fiscal year 2012 or a portion of that fiscal
year, except that during such period
obligations subject to such limitation shall
not exceed--
(I) the amount of such limitation
on obligations included in an Act
making appropriations for fiscal year
2012; multiplied by
(II) the Part-Year Ratio.
(B) Exceptions.--A limitation on obligations
described in subparagraph (A)(ii) shall not apply to
any obligation under--
(i) section 125 of title 23, United States
Code; or
(ii) section 105 of title 23, United States
Code for the period beginning on October 1,
2011, and ending on the Part-Year Funding Date,
only in an amount equal to $639,000,000
multiplied by the Part-Year Ratio.
(3) Calculations for distribution of obligation
limitation.--Upon enactment of an Act making appropriations for
the Department of Transportation for fiscal year 2012 (other
than an Act or resolution making continuing appropriations),
the Secretary of Transportation shall--
(A) as necessary for purposes of making the
calculations for the distribution of any obligation
limitation under such Act, annualize the amount of
contract authority provided under this title for
Federal-aid highways and highway safety construction
programs; and
(B) multiply the resulting distribution of any
obligation limitation under such Act by the Part-Year
Ratio.
(d) Extension of Authorizations Under Title V of SAFETEA-LU.--
(1) In general.--Each program authorized under paragraphs
(1) through (5) of section 5101(a) of SAFETEA-LU (119 Stat.
1779) shall be continued for the period beginning on October 1,
2011, and ending on the Part-Year Funding Date, at the funding
level made available for that program for fiscal year 2011,
multiplied by the Part-Year Ratio.
(2) Distribution of funds.--Funds for programs continued
under paragraph (1) shall be distributed to major program areas
under those programs in the same proportions as funds were
allocated for those program areas for fiscal year 2011, except
that designations for specific activities shall not be required
to be continued for the period beginning on October 1, 2011,
and ending on the Part-Year Funding Date.
SEC. 102. ADMINISTRATIVE EXPENSES.
(a) Authorization of Contract Authority.--Notwithstanding any other
provision of this title or any other law, there are authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account), from amounts provided under section 101, for administrative
expenses of the Federal-aid highway program for the period beginning on
October 1, 2011, and ending on the Part-Year Funding Date, an amount
equal to $422,425,000 multiplied by the Part-Year Ratio.
(b) Contract Authority.--Funds authorized to be appropriated by
this section shall be--
(1) available for obligation, and shall be administered, in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code; and
(2) subject to a limitation on obligations for Federal-aid
highways and highway safety construction programs, except that
such funds shall remain available until expended.
TITLE II--ADDITIONAL PROGRAMS
SEC. 201. DINGELL-JOHNSON SPORT FISH RESTORATION ACT.
Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c) is amended--
(1) in subsection (a) by inserting ``and, for the period
beginning on October 1, 2011, and ending on the Part-Year
Funding Date set forth or otherwise established in the Surface
Transportation Extension Act of 2012'' after ``2006 through
2011'' ; and
(2) in subsection (b)(1)(A) by inserting ``and, for the
period beginning on October 1, 2011, and ending on the Part-
Year Funding Date set forth or otherwise established in the
Surface Transportation Extension Act of 2012'' after ``2006
through 2011''.
TITLE III--RESCISSION
SEC. 301. RESCISSION OF UNOBLIGATED BALANCES.
On September 1, 2012, of the unobligated balances of funds
apportioned before that date to each State under chapter 1 of title 23,
United States Code, $3,130,000,000 is permanently rescinded: Provided,
That such rescission shall not apply to the funds distributed in
accordance with sections 130(f) and 104(b)(5) of title 23, United
States Code, sections 133(d)(1) and 163 of that title (as in effect on
the day before the date of enactment of the SAFETEA-LU), or the first
sentence of section 133(d)(3)(A) of title 23, United States Code:
Provided further, That notwithstanding section 1132 of the Energy
Independence and Security Act of 2007 (121 Stat. 1763), in
administering the rescission required under this section, the Secretary
of Transportation shall allow each State to determine the amount of the
required rescission to be drawn from the programs to which the
rescission applies. | Surface Transportation Extension Act of 2012 - Title I: Federal-Aid Highways - (Sec. 101) Continues through January 31, 2012 (Part-Year Funding Date), and authorizes appropriations through that date for, specified federal-aid highway programs under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), the SAFETEA-LU Technical Corrections Act of 2008, the Intermodal Surface Transportation Efficiency Act of 1991, and the Transportation Equity Act for the 21st Century. Includes among extended funds those for: (1) the surface transportation research, development, and deployment program; (2) training and education; (3) the Bureau of Transportation Statistics; (4) university transportation research; and (5) intelligent transportation systems (ITS) research.
Subjects funding for such programs generally to the same manner of distribution, administration, limitation, and availability for obligation, and in the same proportional amounts, as funds authorized to be appropriated for such programs and activities out of the Highway Trust Fund for FY2011.
Subjects contract authority, however, between October 1, 2011, and January 31, 2012, to a specified pro rata limitation on obligations included in any Act making appropriations for FY2012 or a portion of that fiscal year. Waives this obligation limitation, though, for emergency relief and for the equity bonus program.
(Sec. 102) Authorizes the appropriation of a pro rata amount of $422.425 million from the Highway Trust Fund (other than the Mass Transit Account) for administrative expenses of the federal-aid highway program for the period from October 1, 2011, through the Part-Year Funding Date.
Title II: Additional Programs - (Sec. 201) Amends the Dingell-Johnson Sport Fish Restoration Act to continue for the same period of time the authorized distribution of funds under such Act for coastal wetlands, recreational boating safety, projects under the Clean Vessel Act of 19921, boating infrastructure projects, and the National Outreach and Communications Program.
Title III: Rescission - (Sec. 301) Rescinds permanently on September 1, 2012, $3.13 billion of the unobligated balances of funds apportioned before that date to each state under the federal-aid highway program. Exempts from such rescission certain funds distributed for: (1) the elimination of hazards of railway-highway crossings, (2) the highway safety improvement program, (3) safety incentives to prevent drunk driving, and (4) a specified division of apportionment of funds between urbanized areas of over 200,000 population and other areas.
Requires the Secretary of Transportation (DOT) to allow each state to determine the amount of the required rescission to be drawn from the programs to which the rescission applies. | {"src": "billsum_train", "title": "An original bill to extend the authority of Federal-aid highway programs."} | 2,193 | 604 | 0.709685 | 2.687805 | 0.696855 | 3.480151 | 3.68242 | 0.848771 |
SECTION 1. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY
PROJECTS.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2009, with each project to be
carried out in the amount specified for each project:
(1) Construction of an 80-bed replacement facility in Palo
Alto, California, to replace a seismically unsafe acute
psychiatric inpatient building, in an amount not to exceed
$54,000,000.
(2) Construction of an outpatient clinic to meet the
increased demand for diagnostic procedures, ambulatory surgery,
and specialty care in Lee County, Florida, in an amount not to
exceed $131,800,000.
(3) Seismic corrections to Building 1 at the Department of
Veterans Affairs Medical Center in San Juan, Puerto Rico, in an
amount not to exceed $225,900,000.
(4) Construction of a facility for a state-of-the-art
polytrauma healthcare and rehabilitation center in San Antonio,
Texas, in an amount not to exceed $66,000,000.
SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED.
The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2009, as originally authorized
by section 801 of the Veterans Benefits, Health Care, and Information
Technology Act of 2006 (Public Law 109-461; 120 Stat. 3442) and as
follows with each project to be carried out in the amount specified for
that project:
(1) Replacement of the Department of Veterans Affairs
Medical Center, Denver, Colorado, in an amount not to exceed
$769,200,000.
(2) Restoration, new construction, or replacement of the
medical center facility for the Department of Veterans Affairs
Medical Center, New Orleans, Louisiana, due to damage from
Hurricane Katrina, in an amount not to exceed $625,000,000.
SEC. 3. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY
LEASES.
The Secretary of Veterans Affairs may carry out the following major
medical facility leases in fiscal year 2009 at the locations specified,
and in an amount for each lease not to exceed the amount shown for each
such location:
(1) For an outpatient clinic, Brandon, Florida, $4,326,000.
(2) For a community-based outpatient clinic, Colorado
Springs, Colorado, $3,995,000.
(3) For an outpatient clinic, Eugene, Oregon, $5,826,000.
(4) For expansion of an outpatient clinic, Green Bay,
Wisconsin, $5,891,000.
(5) For an outpatient clinic, Greenville, South Carolina,
$3,731,000.
(6) For a community-based outpatient clinic, Mansfield,
Ohio, $2,212,000.
(7) For a satellite outpatient clinic, Mayaguez, Puerto
Rico, $6,276,000.
(8) For a community-based outpatient clinic for Southeast
Phoenix, Mesa, Arizona, $5,106,000.
(9) For interim research space, Palo Alto, California,
$8,636,000.
(10) For expansion of a community-based outpatient clinic,
Savannah, Georgia, $3,168,000.
(11) For a community-based outpatient clinic for Northwest
Phoenix, Sun City, Arizona, $2,295,000.
(12) For a primary care annex, Tampa, Florida, $8,652,000.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations for Major Medical Facility
Projects.--There is authorized to be appropriated to the Secretary of
Veterans Affairs for fiscal year 2009 for the Construction, Major
Projects, account--
(1) $477,700,000 for the projects authorized in section 1;
and
(2) $1,394,200,000 for projects whose authorization is
extended by section 2.
(b) Authorization of Appropriations for Medical Facility Leases.--
There is authorized to be appropriated to the Secretary of Veterans
Affairs for fiscal year 2009 for the Medical Facilities account,
$60,114,000 for the leases authorized in section 3.
(c) Limitation.--The projects authorized in sections 1 and 2 may
only be carried out using--
(1) funds appropriated for fiscal year 2009 pursuant to the
authorization of appropriations in subsection (a) of this
section;
(2) funds available for Construction, Major Projects, for a
fiscal year before fiscal year 2009 that remain available for
obligation;
(3) funds available for Construction, Major Projects, for a
fiscal year after fiscal year 2009 that remain available for
obligation;
(4) funds appropriated for Construction, Major Projects,
for fiscal year 2009 for a category of activity not specific to
a project;
(5) funds appropriated for Construction, Major Projects,
for a fiscal year before 2009 for a category of activity not
specific to a project; and
(6) funds appropriated for Construction, Major Projects,
for a fiscal year after 2009 for a category of activity not
specific to a project. | Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2009 in: (1) Palo Alto, California; (2) Lee County, Florida; (3) San Juan, Puerto Rico; and (4) San Antonio, Texas.
Authorizes the Secretary to carry out projects in FY2009, as originally authorized under the Veterans Benefits, Health Care, and Information Technology Act of 2006, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and New Orleans, Louisiana.
Authorizes the Secretary to carry out specified major medical facility leases (leases) in Arizona, California, Colorado, Florida, Georgia, Ohio, Oregon, Puerto Rico, South Carolina, and Wisconsin.
Authorizes appropriations for projects and leases authorized under this Act. | {"src": "billsum_train", "title": "A bill to authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 2009, and for other purposes."} | 1,080 | 166 | 0.650277 | 1.94158 | 0.683083 | 2.806452 | 6.4 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Infrastructure Banks for
Schools Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1996 study conducted by the American
School & University, $10.42 billion was spent to address the
Nation's education infrastructure needs in 1995, with the
average total cost of a new high school at $15.4 million.
(2) According to the National Center for Education
Statistics, an estimated $127 billion in school repair,
modernization, expansion, and construction is needed.
(3) Approximately 14 million American students attend
schools which report the need for extensive repair or
replacement of one or more buildings.
(4) Academic research has proven a direct correlation
between the condition of school facilities and student
achievement. At Georgetown University, researchers found that
students assigned to schools in poor conditions can be expected
to fall 10.9 percentage points behind those in buildings in
excellent condition. Similar studies have demonstrated up to a
20 percent improvement in test scores when students were moved
from a poor facility to a new facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21.3 million students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
and secondary schools and libraries require the concerted
efforts of all levels of government and all sectors of the
community.
(8) The United States' competitive position within the
world economy is vulnerable if America's future workforce
continues to be educated in schools and libraries not equipped
for the 21st century.
(9) The deplorable state of collections in America's public
school libraries has increased the demands on public libraries.
In many instances, public libraries substitute for school
libraries creating a higher demand for material and physical
space to house literature and educational computer equipment.
(10) Research shows that 50 percent of a child's
intellectual development takes place before age 4. Our nation's
public and school libraries play a critical role in a child's
early development because they provide a wealth of books and
other resources that can give every child a head start on life
and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans to local educational agencies for building or
repairing elementary or secondary schools which provide free
public education (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) and to public libraries for building or repairing
library facilities.
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local educational agencies and public
libraries. Each bank shall apply repayments of principal and interest
on loans to the making of additional loans. The Secretary shall take
final action on an application for a grant under this subsection within
90 days of the date of the submittal of such application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed;
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (5); and
(8) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for assistance under this
section.
(2) Applications for loans.--An application to an
infrastructure bank by a local educational agency or a public
library for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote energy conservation; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan an infrastructure bank shall consider--
(A) the extent to which the local educational
agency or public library involved lacks the fiscal
capacity, including the ability to raise funds through
the full use of such agency's bonding capacity and
otherwise, to undertake the project for which the loan
would be used without the loan;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
project poses to the safety and well-being of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(e) Qualifying Projects.--
(1) In general.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(A) the construction of new elementary or secondary
schools to meet the needs imposed by enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning, including the
repair of leaking roofs, crumbling walls, inadequate
plumbing, poor ventilation equipment, and inadequate
heating or light equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental hazards at
the educational facility involved, such as poor
ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the
Resource Conservation and Recovery Act of 1976
or similar State laws;
(H) work that will enable efficient use of
available energy resources, especially coal, solar
power, and other renewable energy resources;
(I) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities; or
(J) work to construct new public library facilities
or repair or upgrade existing public library
facilities.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
et seq.) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 2002 through
2006, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $500,000,000 for fiscal year 2002 and for each of the
next 4 fiscal years.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
(2) Outlying area.--The term ``outlying area'' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the Republic of Palau.
(3) Public library.--The term ``public library'' means a
library that serves free of charge all residents of a
community, district, or region, and receives its financial
support in whole or in part from public funds. Such term also
includes a research library, which, for the purposes of this
sentence, means a library that--
(A) makes its services available to the public free
of charge;
(B) has extensive collections of books,
manuscripts, and other materials suitable for scholarly
research which are not available to the public through
public libraries;
(C) engages in the dissemination of humanistic
knowledge through services to readers, fellowships,
educational and cultural programs, publication of
significant research, and other activities; and
(D) is not an integral part of an institution of
higher education.
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas. | State Infrastructure Banks for Schools Act of 2001 - Authorizes the Secretary of the Treasury to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks to make loans to: (1) local educational agencies for building or repairing elementary or secondary schools which provide free public education; and (2) public libraries for building or repairing library facilities.Grants consent of Congress to the States to enter into a cooperative agreement with the Secretary, as well as an interstate compact, to establish a multistate infrastructure bank.Prescribes infrastructure bank requirements.Emphasizes that: (1) any infrastructure bank loan shall be used to supplement, not supplant other Federal, State, and local funds; and (2) the contribution of Federal funds into such infrastructure banks shall not be construed as a Federal commitment, guarantee, or obligation to any third party.Mandates review by the Secretary of the financial condition of each infrastructure bank. | {"src": "billsum_train", "title": "To establish State infrastructure banks for education."} | 2,978 | 199 | 0.485023 | 1.498921 | 0.933257 | 3.893855 | 16.407821 | 0.977654 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Menstrual Equity For All Act of
2017''.
SEC. 2. MENSTRUAL HYGIENE PRODUCTS REIMBURSEMENT FROM HEALTH FLEXIBLE
SPENDING ARRANGEMENTS.
(a) In General.--Section 106 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(g) Menstrual Hygiene Products.--
``(1) In general.--Amounts paid or incurred for menstrual
hygiene products shall be treated as a qualified medical
expense eligible for reimbursement from a health flexible
spending arrangement.
``(2) Menstrual hygiene products defined.--For purposes of
paragraph (1), the term `menstrual hygiene products' means
tampons, pads, liners, cups, sponges, douches, wipes, sprays,
and similar products used by women with respect to menstruation
or other genital-tract secretions.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. MENSTRUAL HYGIENE PRODUCTS REFUNDABLE CREDIT.
(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 inserting after section 36B the following new section:
``SEC. 36C. MENSTRUAL HYGIENE PRODUCTS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle with respect to each eligible individual
for whom the taxpayer is allowed a deduction under section 151 an
amount equal to $120.
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--In the case of any taxpayer whose
modified adjusted gross income exceeds the threshold amount,
the amount of the credit allowable under subsection (a) shall
be zero. For purposes of the preceding sentence, the term
`modified adjusted gross income' means adjusted gross income
increased by any amount excluded from gross income under
section 911, 931, or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' means--
``(A) $47,520 in the case of a joint return,
``(B) $35,640 in the case of a head of household,
and
``(C) $23,760 in the case of a separate return.
``(c) Definitions.--For purposes of this section--
``(1) Eligible individual.--The term `eligible individual'
means an individual who uses menstrual hygiene products.
``(2) Menstrual hygiene products defined.--The term
`menstrual hygiene products' shall be determined by the
Secretary of Health and Human Services by regulation and
provided to the Secretary, and shall include tampons, pads,
liners, cups, and similar products used by women with respect
to menstruation.
``(d) Adjustment for Inflation.--
``(1) In general.--For each taxable year beginning after
2017, the dollar amounts in subsections (a) and (b)(2) shall
each be increased by an amount equal to the product of--
``(A) such dollar amount, and
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2016' for `calendar year
1992' in subparagraph (B) thereof.
``(2) Rounding.--If any increase determined under paragraph
(1)--
``(A) in the case of the dollar amount in
subsection (a) is not a multiple of $5, such increase
shall be rounded to the next highest multiple of $5,
and
``(B) in the case of the dollar amount in
subsection (b)(2), is not a multiple of $1,000, such
increase shall be rounded to the next lowest multiple
of $1,000.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section.''.
(b) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Menstrual hygiene products.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 4. MENSTRUAL HYGIENE PRODUCTS AVAILABILITY FOR HOMELESS
INDIVIDUALS UNDER EMERGENCY FOOD AND SHELTER GRANT
PROGRAM.
Subsection (a) of section 316 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11346(a)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) guidelines that ensure that amounts provided under
the program to private nonprofit organizations and local
governments may be used to provide menstrual hygiene products,
including tampons, pads, liners, cups, and similar products
used by women with respect to menstruation.''.
SEC. 5. MENSTRUAL HYGIENE PRODUCTS FOR INMATES AND DETAINEES.
(a) Requirement.--Beginning on the date that is 180 days after the
date of the enactment of this Act, and annually thereafter, the chief
executive officer of each State that receives a grant under subpart 1
of part E of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3750 et seq.) (commonly referred to as the ``Edward
Byrne Memorial Justice Assistance Grant Program'') shall submit to the
Attorney General a certification, in such form and containing such
information as the Attorney General may require, that all female
inmates and detainees in that State have access to menstrual hygiene
products on demand and at no cost to the inmates and detainees.
(b) Reduction in Grant Funding.--In the case of a State whose chief
executive officer fails to submit a certification required under
subsection (a) in a fiscal year, the Attorney General shall reduce the
amount that the State would have otherwise received under section 505
of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3755) by 20 percent for the following fiscal year.
(c) Reallocation.--Amounts not allocated to a State under section
505 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755) for a fiscal year pursuant to subsection (b)
shall be reallocated under such section to States that submit such
certifications.
(d) Determination of Menstrual Hygiene Products.--For the purposes
of subsection (a), the term ``menstrual hygiene products'' shall be
determined by the Attorney General of the United States.
SEC. 6. MENSTRUAL HYGIENE PRODUCTS FOR EMPLOYEES.
Section 6 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 655) is amended by adding at the end the following:
``(g) The Secretary shall by rule promulgate a requirement that
each employer with not less than 100 employees provide menstrual
hygiene products free of charge for employees of the employer.''. | Menstrual Equity For All Act of 2017 This bill establishes a tax credit, a tax exclusion, and requirements that apply to the purchase or distribution of menstrual hygiene products. The bill amends the Internal Revenue Code to: (1) expand the tax exclusion for reimbursements from a health flexible spending arrangement to include amounts paid or incurred for menstrual hygiene products, and (2) allow a refundable tax credit of $120 for certain individuals who use menstrual hygiene products, subject to adjustments for inflation and a limitation based on adjusted gross income. The bill amends the McKinney-Vento Homeless Assistance Act to require the Emergency Food and Shelter Program National Board to establish written guidelines for the Emergency Food and Shelter Program to ensure that funds provided under the program to private nonprofit organizations and local governments may be used to provide menstrual hygiene products. Each state that receives a grant under the Edward Byrne Memorial Justice Assistance Grant Program must annually certify to the Department of Justice (DOJ) that all female inmates and detainees in that state have access to menstrual hygiene products on demand and at no cost to the inmates and detainees. If a state does not submit the required certification, DOJ must reduce the state's grant funding under the program by 20% and reallocate the funding to states that submitted certifications. This bill also amends the Occupational Safety and Health Act of 1970 to require the Department of Labor to issue a rule requiring private employers with not less than 100 employees to provide free menstrual hygiene products for their employees. | {"src": "billsum_train", "title": "Menstrual Equity For All Act of 2017"} | 1,838 | 341 | 0.532375 | 1.735557 | 0.733175 | 3.555556 | 5.263889 | 0.826389 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alexis Agin Identity Theft
Protection Act of 2013''.
SEC. 2. LIMITATION ON DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR
MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 205(r) of the Social Security Act (42
U.S.C. 405(r)) is amended--
(1) in paragraph (2), by inserting ``, and to ensure
completeness, timeliness, and accuracy of,'' after
``transmitting'';
(2) by striking paragraph (3) and inserting the following:
``(3) The Commissioner of Social Security shall, to the extent
feasible, provide for the use of information regarding deceased
individuals furnished to or maintained by the Commissioner, subject to
such safeguards as the Commissioner of Social Security determines are
necessary or appropriate to protect the information from unauthorized
use or disclosure, to any Federal or State agency providing or
administering Federally funded benefits to individuals, other than
benefits under this Act, through a cooperative arrangement with such
agency designed to ensure proper payment of those benefits with respect
to such individuals if--
``(A) under such arrangement the agency provides
reimbursement to the Commissioner of Social Security for the
reasonable costs of carrying out such arrangement, including
the reasonable costs associated with the collection and
maintenance of information regarding deceased individuals
furnished to the Commissioner pursuant to paragraph (1); and
``(B) such arrangement does not conflict with the duties of
the Commissioner of Social Security under paragraph (1).'';
(3) in paragraph (4), by inserting ``or in benefit and
pension plans for employees of the States or local
governments'' after ``by the States'';
(4) by striking paragraph (5) and inserting the following:
``(5)(A) The Commissioner of Social Security may use or provide for
the use of information regarding deceased individuals furnished to or
maintained by the Commissioner, subject to such safeguards as the
Commissioner of Social Security determines are necessary or appropriate
to protect the information from unauthorized use or disclosure,
provided the requirements of subparagraphs (A) and (B) of paragraph (3)
are met and such information is provided--
``(i) to any Federal agency through a cooperative agreement
with such agency for the purpose of law enforcement or tax
administration; or
``(ii) for statistical and research activities conducted by
Federal and State agencies.
``(B) A Federal or State agency may disclose death information
obtained from the Commissioner to a contractor for the purposes of
assisting with such law enforcement, tax administration, or statistical
and research activities, provided that the agency ensures, at a
minimum, that the contractor fulfills the requirements of clauses (ii)
and (iv) of paragraph (7)(E).'';
(5) by striking paragraph (7) and inserting the following:
``(7)(A) For purposes of this paragraph, death information shall
consist of information regarding deceased individuals maintained by the
Commissioner of Social Security, except for information furnished to or
maintained by the Commissioner pursuant to paragraphs (1) or (2), and
the death information to be provided shall consist only of the name,
social security number, date of birth, and date of death of a deceased
individual.''
``(B) The Commissioner may disclose death information under this
paragraph to the Secretary of Defense provided that--
``(i) the Secretary uses the information provided solely
for the purpose of assisting in the identification of
unidentified remains, and
``(ii) the Secretary enforces requirements similar to those
in clauses (i), (ii), (iv), (v), (vi), and (vii) with respect
to any contractor the Secretary hires to assist in such
identifications.
``(C) The Commissioner of Social Security may disclose death
information, except for information furnished to or maintained by the
Commissioner of Social Security pursuant to paragraphs (1) or (2),
provided the requirements of this paragraph and the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
``(D) The Commissioner may disclose--
``(i) to any entity, information maintained by the
Commissioner concerning individuals whose date of death
occurred at least 3 calendar years prior to the year that the
entity requests such information pursuant to a written
agreement; and
``(ii) to any entity `certified' by the Commissioner under
subparagraph (E), information maintained by the Commissioner
concerning individuals whose date of death does not satisfy the
requirements of clause (i), pursuant to a written agreement
between the Commissioner and the entity.
``(E) For purposes of this paragraph an entity is `certified' only
if the Commissioner--
``(i) establishes procedures to certify and decertify
entities eligible to obtain such information;
``(ii) includes in the agreement with such an entity
provisions to require such entity to safeguard the information
provided, assure that the information is used only for the
purpose which was the basis for the certification, assure that
the information is not disclosed by the entity to any other
entity, and include contractual penalties, including monetary
penalties and loss of certification, for the violation of any
requirements imposed by the Commissioner as a condition of
receiving the information;
``(iii) requires that the entity demonstrate that--
``(I) it has a legitimate business need for the
information, which shall include a requirement that the
information regarding a deceased individual will aid in
preventing financial harm to the entity or to a
customer or client of the entity or will aid in
permitting the entity to fulfill an obligation to a
beneficiary of an individual that is contingent upon
the death of such individual; or
``(II) it has a legitimate interest in preventing
fraud or unauthorized financial transactions;
``(iv) requires that the entity demonstrate that it has
infrastructure and procedures in place to prevent wrongful
access to or the disclosure of information provided by the
Commissioner;
``(v) determines that the entity has adequate experience
and expertise in maintaining the confidentiality and security
of information;
``(vi) includes such other requirements and restrictions as
the Commissioner deems appropriate to assure the
confidentiality of the information; and
``(vii) requires that the entity permit periodic and
unscheduled audits of the entity to assure compliance with the
requirements established by the Commissioner.
``(F) The Commissioner shall establish application and other fees
to be paid by entities seeking to be certified or to maintain
certification under this paragraph so that the Commissioner is fully
reimbursed for all costs associated with development of the
certification process, evaluating applications, auditing compliance
with the requirements established by the Commissioner, inspecting
records and assuring compliance with contract requirements, and any
other costs associated with assuring continuing eligibility for
certification under this paragraph.
``(G) For purposes of this paragraph, the terms `entity' or
`entities' includes `individual' and `individuals' respectively.
``(H) The Commissioner may delegate any of the activities under
this paragraph to another agency and may perform any activity through a
contractor, provided that the delegation or contract requires such
agency or contractor to comply with all requirements of this section
and of the implementing policies developed by the Commissioner.'';
(6) by adding at the end the following new paragraph:
``(10) Information related to a deceased individual received by the
Commissioner of Social Security other than as described in paragraph
(1) shall be treated for purposes of paragraph (6) in the same manner
as information received as described in paragraph (1).''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act and each year thereafter through 2019, the Commissioner of
Social Security shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report describing the entities certified by the Commissioner under
section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7))
during the preceding year and their compliance with the requirements of
subparagraph (E) of such section.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on the date that is
60 days after the date of the enactment of this Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on January 1, 2014.
(d) Sunset.--Subparagraphs (C) through (H) of section 205(r)(7) of
the Social Security Act (42 U.S.C. 405(r)(7)) (as amended by subsection
(a)) shall cease to be effective on January 1, 2019, except that--
(1) clauses (ii) and (iv) of subparagraph (E) of such
section shall continue to apply for purposes of section
205(r)(5)(B) of such Act (42 U.S.C. 405(r)(5)(B)) (as amended
by subsection (a)). | Alexis Agin Identity Theft Protection Act of 2013 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the treatment of death information furnished to or maintained by the Social Security Administration (SSA). Authorizes the Commissioner of Social Security to use or provide such information to federal and state agencies for statistical and research activities or to any federal agency for law enforcement or tax administration purposes. Authorizes disclosure of such information by: (1) federal and state agencies to contractors to assist with similar activities, (2) the Commissioner to entities concerning certain individuals who died more than three years earlier as well as to entities certified by the Commissioner, and (3) the Commissioner to the Secretary of Defense (DOD) to assist in the identification of remains. | {"src": "billsum_train", "title": "Alexis Agin Identity Theft Protection Act of 2013"} | 1,962 | 169 | 0.609503 | 1.853809 | 0.615429 | 2.819355 | 12.23871 | 0.858065 |
SECTION 1. IMPLEMENTATION OF THE TRICARE PROGRAM OF THE DEPARTMENT OF
DEFENSE.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the health care program of the Department of Defense,
commonly known as TRICARE--
(A) reflects a commitment to cooperation between
the military departments; and
(B) integrates on a regional basis the provision of
health care by the military medical treatment
facilities under chapter 55 of title 10, United States
Code;
(2) the full implementation of the TRICARE program of the
Department will result in the establishment of a system for the
delivery of health care by the Department that is cohesive,
flexible, and more capable of meeting the requirements of
readiness to provide health care in support of military
operations and of capacity to provide health care on a routine
basis;
(3) the full implementation of the TRICARE program of the
Department will also result in--
(A) improved access to health care for individuals
eligible to participate in the system; and
(B) an enhancement of the capacities of the
Department of Defense medical facilities through--
(i) control over contractor support of such
facilities;
(ii) sharing of resources and
interoperability between the military
departments in the operation of such
facilities; and
(iii) cost containment; and
(4) medicare reimbursement is essential if the TRICARE
program of the Department is to compete effectively among
providers of health care services nationwide.
(b) Reimbursement by Medicare for Care Provided to Medicare-
Eligible Individuals.--(1) In the case of a person who is a medicare-
eligible individual and who is provided care in a facility of the
uniformed services that is certified under subsection (c), the
Secretary of Health and Human Services shall be responsible for making
payments to the certified facility under this section on behalf of the
person.
(2) The responsibilities of the Secretary of Health and Human
Services under this subsection shall be in the same amounts and under
similar terms and conditions under which that Secretary makes payments
to eligible organizations with a risk-sharing contract under such
section 1876.
(3) Upon making payment under this subsection to a certified
facility on behalf of a person, the obligation of the Secretary of
Health and Human Services to provide health care services to the person
shall cease.
(c) Certification of Facilities.--(1) The Secretary of Defense
shall certify to the Secretary of Health and Human Services each year--
(A) a list of all facilities of the uniformed services
that--
(i) meet or exceed medicare requirements that apply
to a public facility; or
(ii) fully comply with requirements established by
the administering Secretaries that are intended to
achieve the same or similar purposes as the
requirements referred to in clause (i) and that are no
less stringent than such requirements; and
(B) a list of all health plans conducted by the Secretary
of Defense that--
(i) meet or exceed medicare HMO requirements that
apply to the health plan of a public entity; or
(ii) fully comply with requirements established by
the administering Secretaries that are intended to
achieve the same or similar purposes as the
requirements referred to in clause (i) and that are no
less stringent than such requirements.
(2) For purposes of the medicare program--
(A) a Department health care facility for which there is a
certification in effect under paragraph (1)(A) and which
provides care to medicare-eligible individuals shall be deemed
to be a medicare provider; and
(B) a health plan for which there is a certification in
effect under paragraph (1)(B) and which provides care to
medicare-eligible individuals shall be deemed to be a medicare
HMO.
(d) Definitions.--In this section:
(1) The term ``administering Secretaries'' has the meaning
given such term in section 1072(3) of title 10, United States
Code.
(2) The term ``medicare program'' means the health
insurance program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
(3) The term ``medicare-eligible individual'' means an
individual who is entitled to benefits under part A of the
medicare program.
(4) The term ``medicare HMO'' means an eligible
organization under section 1876 of the Social Security Act (42
U.S.C. 1395mm).
(5) The term ``medicare provider'' means an individual or
entity furnishing items or services for which payments may be
made under the medicare program. | Expresses the sense of the Senate that: (1) the health care program of the Department of Defense (DOD) known as TRICARE reflects a commitment to cooperation between the military departments and integrates the provision of health care by mlitary medical facilities; (2) full implementation of the TRICARE program will enhance DOD readiness to provide health care in support of military operations, as well as routine military health care, and will result in improved access to health care and enhancement of DOD medical facilities; and (3) Medicare (title XVIII of the Social Security Act) reimbursement is essential if the TRICARE program is to compete effectively among nationwide providers of health care services.
Provides that, in the case of a person who is a Medicare-eligible individual who receives services in a certified military medical facility, the Secretary of Health and Human Services (HHS) shall be responsible for making reimbursement payments to the certified facility providing such care. Requires the Secretary of Defense to certify to the HHS Secretary a list of all military facilities that meet or exceed Medicare requirements that apply to a public facility, as well as all DOD health plans that meet or exceed Medicare HMO requirements. | {"src": "billsum_train", "title": "An original bill to state the sense of the Senate on the TRICARE program of the Department of Defense and to facilitate the full implementation of the program by authorizing the reimbursement of the program for the cost of care provided under the program to certain medicare-eligible individuals."} | 990 | 256 | 0.704363 | 2.056009 | 0.864185 | 4.176991 | 4.150442 | 0.929204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DNA Sexual Assault Justice Act of
2002''.
SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES.
(a) Assessment.--
(1) In general.--The Attorney General shall survey each law
enforcement jurisdiction to assess the backlog of DNA testing
of rape kit samples and other sexual assault evidence.
(2) Determinations.--The Attorney General, acting through
the Director of the National Institute of Justice, shall carry
out an assessment of Federal, State, local, and tribal
territories law enforcement jurisdictions to determine the
amount of--
(A) evidence contained in rape kits that has not
been subjected to DNA testing and analysis; and
(B) evidence from sexual assault crimes that has
not been subjected to DNA testing and analysis.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the assessment carried out under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the results of the assessment carried out under
subsection (a);
(B) the number of rape kit samples and other
evidence from sexual assault crimes that have not been
subjected to DNA testing and analysis; and
(C) a plan for carrying out additional assessments
and reports to continue until all law enforcement
jurisdictions report no backlog in crime scene DNA
testing and analysis.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.
Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended--
(1) in paragraph (2), by inserting ``including samples from
rape kits and nonsuspect cases'' after ``crime scenes''; and
(2) by adding at the end the following:
``(4) To ensure that DNA testing and analysis of samples
from rape kits and nonsuspect cases are carried out in a timely
manner.''.
SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.
Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) $25,000,000 for fiscal year 2003;
``(D) $25,000,000 for fiscal year 2004;
``(E) $25,000,000 for fiscal year 2005; and
``(F) $25,000,000 for fiscal year 2006.''; and
(2) in paragraph (2), by striking subparagraphs (C) and (D)
and inserting the following:
``(C) $100,000,000 for fiscal year 2003;
``(D) $100,000,000 for fiscal year 2004;
``(E) $50,000,000 for fiscal year 2005; and
``(F) $50,000,000 for fiscal year 2006.''.
SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA
BACKLOG ELIMINATION GRANTS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by inserting ``or eligible units of
local government'' after ``eligible States'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``or unit of local government'' after
``State'' each place that term appears;
(B) in paragraph (1), by inserting ``or unit of
local government'' after ``State'';
(C) in paragraph (3), by inserting ``or unit of
local government'' after ``State'' the first time that
term appears;
(D) in paragraph (4)--
(i) by inserting ``or unit of local
government'' after ``State''; and
(ii) by striking ``and'' after the
semicolon;
(E) in paragraph (5)--
(i) by inserting ``or unit of local
government'' after ``State''; and
(ii) by striking the final period and
inserting ``; and''; and
(F) by adding at the end the following:
``(6) if the applicant is a unit of local government,
certify that the applicant participates in a State laboratory
system.'';
(3) in subsection (c), by inserting ``or unit of local
government'' after ``State'';
(4) in subsection (d)(2)(A), by inserting ``or units of
local government'' after ``States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ``or local
government'' after ``State'' each place that term
appears; and
(B) in paragraph (2), by inserting ``or unit of
local government'' after ``State'';
(6) in subsection (f), by inserting ``or unit of local
government'' after ``State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ``or unit of
local government'' after ``State''; and
(B) in paragraph (2), by inserting ``or units of
local government'' after ``States''; and
(8) in subsection (h), by inserting ``or unit of local
government'' after ``State'' each place that term appears.
SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (b)--
(A) in paragraph (5) (as amended by section 5), by
striking ``and'' at the end;
(B) in paragraph (6) (as added by section 5), by
striking the period at the end and inserting: ``;
and''; and
(C) by adding at the end the following:
``(7) ensure that each laboratory performing DNA testing or
analysis satisfies the quality assurance protocols and
practices described in subsection (d)(2).''; and
(2) by adding at the end the following:
``(k) Priority.--In awarding grants under this section, the
Attorney General shall give priority to a State or unit of local
government that has a significant rape kit or nonsuspect case backlog
as compared to other applicants.''.
SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND
INVESTIGATION OF SEXUAL ASSAULT CASES.
(a) Authorization of Grants.--The Attorney General shall make
grants to eligible entities to--
(1) carry out sexual assault examiner training and
certification;
(2) develop sexual assault examiner programs;
(3) acquire or improve forensic equipment;
(4) train law enforcement personnel in the handling of
sexual assault cases and the collection and use of DNA samples
for use as forensic evidence; and
(5) train law enforcement personnel to recognize, detect,
report, and respond to drug-facilitated sexual assaults.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a college, university, or other institute of higher
learning;
(4) sexual assault examination programs, including sexual
assault forensic examiner (SAFE) programs, sexual assault nurse
examiner (SANE) programs, and sexual assault response team
(SART) programs; and
(5) a State sexual assault coalition.
(c) Application.--To receive a grant under this section--
(1) the chief executive officer of a State, unit of local
government, or university that desires a grant under this
section shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the testing will be done in
a laboratory that complies with the quality assurance
and proficiency testing standards for collecting and
processing DNA samples issued by the Director of the
Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994 (42 U.S.C. 14131);
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes; and
(D) if the applicant is a unit of local government,
certification that the applicant participates in a
State laboratory system; and
(2) an existing or proposed sexual assault examination
program shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the program complies with
the standards and recommended protocol developed by the
Attorney General pursuant to section 1405 of the
Victims of Trafficking and Violence Protection Act of
2000 (42 U.S.C. 3796gg note); and
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes.
(d) Priority.--In awarding grants under this section, the Attorney
General shall give priority to proposed or existing sexual assault
examination programs that are serving, or will serve, populations
currently underserved by existing sexual assault examination programs.
(e) Restrictions on Use of Funds.--
(1) Supplemental funds.--Funds made available under this
section shall not be used to supplant State funds, but shall be
used to increase the amount of funds that would, in the absence
of Federal funds, be made available from State sources for the
purposes of this section.
(2) Administrative costs.--An eligible entity may not use
more than 3 percent of the funds it receives under this section
for administrative expenses.
(3) Nonexclusivity.--Nothing in this section shall be
construed to limit or restrict the ability of proposed or
existing sexual assault examination programs to apply for and
obtain Federal funding from any other agency or department or
any other Federal Grant program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $15,000,000 for each of
fiscal years 2003 through 2006 to carry out this section.
SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.
(a) Limitations.--Section 3282 of title 18, United States Code, is
amended--
(1) by striking ``Except'' and inserting the following:
``(a) Limitation.--Except''; and
(2) by adding at the end the following:
``(b) DNA Profile Indictment.--
``(1) In general.--In any indictment found for an offense
under chapter 109A, if the identity of the accused is unknown,
it shall be sufficient to describe the accused as an individual
whose name is unknown, but who has a particular DNA profile.
``(2) Exception.--Any indictment described in paragraph
(1), which is found within 5 years after the offense under
chapter 109A shall have been committed, shall not be subject
to--
``(A) the limitations period described in
subsection (a); and
``(B) the provisions of chapter 208 until the
individual is arrested or served with a summons in
connection with the charges contained in the
indictment.
``(3) Definition.--For purposes of this subsection, the
term `DNA profile' means a set of DNA identification
characteristics.''.
(b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by
inserting before the period at the end the following: ``or in section
3282(b) of title 18, United States Code.''.
(c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of
Criminal Procedure is amended in subdivision (c)(1) by adding at the
end the following: ``For purposes of an indictment referred to in
section 3282 of title 18, United States Code, if the identity of the
defendant is unknown, it shall be sufficient to describe the defendant,
in the indictment, as an individual whose name is unknown, but who has
a particular DNA profile, as defined in that section 3282.''.
SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM.
Section 210306 of the DNA Identification Act of 1994 (42
U.S.C.14134) is amended--
(1) by striking ``There'' and inserting the following:
``(a) In General.--There''; and
(2) by adding at the end the following:
``(b) Increased Grants for CODIS.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out a
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal
year 2003.''.
SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM
(FCOP).
Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135a) is amended by adding at the end the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out this
section $497,000 for fiscal year 2003.''. | DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the FBI to carry out a redesign of the Combined DNA Index System. | {"src": "billsum_train", "title": "To assess the extent of the backlog in DNA analysis of rape kit samples, and to improve investigation and prosecution of sexual assault cases with DNA evidence."} | 3,134 | 331 | 0.662681 | 2.173335 | 0.800898 | 3.956376 | 9.473154 | 0.902685 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Penn School - Reconstruction Era
National Monument Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Penn Center on St. Helena Island in South Carolina is a
unique historical and cultural resource for the understanding
and interpretation of the Reconstruction era.
(2) Penn Center is the site of Penn School, founded in 1862
by Laura M. Towne and Ellen Murray, missionaries from
Pennsylvania. It was one of the first schools in the South for
formerly enslaved African Americans. The school held classes at
Oaks Plantation and Brick Church on St. Helena before moving to
its permanent location.
(3) In 1864, with assistance from the Freedman's Aid
Society of Pennsylvania, Penn School purchased 50 acres of land
across from Brick Church from Hastings Gantt and erected a
schoolhouse shipped from Philadelphia as its first building.
Penn School opened in its permanent location in January 1865,
and the campus has continuously operated in various forms to
the present day.
(4) At its founding, Penn School was a central component of
the Port Royal Experiment, the effort begun by the Lincoln
Administration during the Civil War to help former slaves in
the Sea Islands of the South Carolina Lowcountry become self-
sufficient.
(5) Penn School lasted much longer than the Port Royal
Experiment, thriving for the duration of the Civil War and
through the Reconstruction era, helping thousands transition to
freedom.
(6) After the Civil War ended, Laura Towne advocated for
public funding of schools for African Americans in the Sea
Islands, knowing that the philanthropic missionary
organizations in Pennsylvania which supported Penn School could
not meet the need.
(7) In 1868, Robert Smalls, whose daughter attended Penn
School during the Civil War, won passage of a provision at the
South Carolina constitutional convention requiring compulsory
education for all children ages seven to fourteen that would be
financially supported by the government and free of charge to
attend.
(8) The Compromise of 1877 ended Reconstruction in the
South, withdrawing Federal military protection of African
Americans' rights. The effects on education of African
Americans were immediate. South Carolina quickly stripped
communities of their power to democratically elect school board
members. By June 1877, the people of St. Helena were forbidden
to raise money for educational purposes, effectively ending
their nascent public school system.
(9) Penn School, privately funded by Northern charities,
continued, and as Reconstruction ended and the Jim Crow era
took hold, Penn School became a sanctuary for former slaves and
their descendants, developing a class of rural Black landowners
who built communities and preserved African traditions. This
adaptation of old traditions to a new land forged a unique
culture, which would become known as Gullah.
(10) In 1901, upon the death of co-founder Laura Towne, who
had led the school for 40 years, the Penn School reorganized as
the Penn Normal, Agricultural and Industrial School. Led by new
chairman, Horace Burke Frissell, then President of Hampton
Institute, it adopted the industrial arts curriculum taught at
Hampton and Tuskegee Institutes.
(11) By 1948, Beaufort County was operating public schools
on St. Helena and the other sea islands. Penn Normal,
Agricultural and Industrial School ended its academic mission
and reorganized as Penn Community Services, Inc. (known as Penn
Center), dedicated to civil rights and social justice, the
preservation of Gullah history and culture, and providing
critical services and resources to the community on St. Helena.
(12) In the 1950s and 60s, Penn Center was one of the few
places in the South that Whites and Blacks could gather
together, and as a result many social and political
organizations used the campus to plan activities as part of the
Civil Rights Movement.
(13) Dr. Martin Luther King, Jr., used Penn Center for
Southern Christian Leadership Conference staff retreats and to
plan other activities. Much of SCLC's planning for the great
``March on Washington'' and the ``Poor People's Campaign'' took
place at Penn Center as did several of King's iconic speeches.
(14) The Penn Center campus was designated a National
Historic Landmark District by the Secretary of the Interior in
1974.
(15) Penn Center began to offer legal services,
particularly those involving heirs' property issues, to
preserve African-American family land ownership in St. Helena
and the surrounding area where property had passed from
generation to generation without the benefit of wills or estate
plans as a result of Blacks' lack of access to the legal
system.
(16) In 2000, Congress instructed the National Park Service
to execute the Low Country Gullah Culture Special Resource
Study, which was completed in 2005. Building on those findings,
in 2006 Congress authorized the Gullah/Geechee Cultural
Heritage Corridor, dedicating an entity to the preservation and
interpretation of African-American culture on the Southeast
coast, known as Gullah in North Carolina and South Carolina and
Geechee in Georgia and Florida. Penn Center is at the heart of
this corridor, helping preserve Gullah culture on St. Helena
and throughout the Sea Islands.
(17) The National Park Service's Special Resource Study
stated that, ``Penn School is one of the most historically
significant educational and cultural institutions in the United
States.''.
(18) No unit of the National Park Service is dedicated to
the preservation and interpretation of the Reconstruction Era,
and establishing such a unit at Penn Center will be an
important step in ensuring that the National Park Service
offers a complete version of American history.
SEC. 3. ESTABLISHMENT OF PENN SCHOOL - RECONSTRUCTION ERA NATIONAL
MONUMENT.
(a) Establishment.--There is hereby established Penn School -
Reconstruction Era National Monument in the State of South Carolina,
which shall become a unit of the National Park System when the
Secretary has--
(1) acquired sufficient land or an interest in land within
the boundary of the National Monument to constitute a
manageable unit, as determined by the Secretary; and
(2) entered into a written agreement with Penn Center,
under subsection (d).
(b) Purposes.--The purposes of the National Monument are--
(1) preserving and interpreting for the benefit of future
generations the significant educational, social, and cultural
history in the National Monument and providing a unit of the
National Park Service dedicated to the history of the
Reconstruction Era;
(2) coordinating preservation, protection, and
interpretation efforts by Federal, State, and local
governmental entities, and private and nonprofit organizations;
and
(3) coordinating appropriate management options needed to
ensure the protection, preservation, and interpretation of the
many significant aspects of the National Monument.
(c) Boundaries.--The boundaries of the National Monument are the
same as the boundaries of the Penn Center National Historic Landmark
District as depicted on the map.
(d) Agreement.--The Secretary is authorized to enter into an
agreement with Penn Center--
(1) regarding the transfer of land or interests in land;
and
(2) delineating the respective roles and responsibilities
of the National Park Service and Penn Center in the operation,
maintenance, and interpretation of the National Monument.
(e) Publication of Notice.--Not later than 60 days after the date
on which the conditions in subsection (a) are satisfied, the Secretary
shall publish in the Federal Register notice of the establishment of
the National Monument as a unit of the National Park System.
(f) Land Acquisition.--The Secretary may acquire by donation,
purchase with donated or appropriated funds from a willing seller, or
exchange--
(1) lands or interests in land within the boundary of the
National Monument; and
(2) lands or interests in land in the vicinity of the
National Monument, as determined by the Secretary.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the National
Monument in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753, and 102101 of title 54,
United States Code; and
(B) chapter 3201 of title 54, United States Code.
(b) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with other public and nonpublic parties that
provide for--
(1) National Park Service operation and maintenance of the
national historic park;
(2) collaboration and cooperation by the National Park
Service and Penn Center on management and interpretation of the
National Monument; and
(3) the State or other public and nonpublic parties, under
which the Secretary may identify, interpret, and provide
assistance for the preservation of non-Federal properties
within and adjacent to the National Monument, including
providing for placement of directional and interpretive
signage, exhibits, and technology-based interpretive devices.
(c) Management Plan.--Not later than 3 fiscal years after the date
on which funds are first made available to carry out this Act, the
Secretary shall complete a general management plan for the National
Monument in accordance with--
(1) section 100502 of title 54, United States Code; and
(2) any other applicable laws.
(d) Legal Description and Map.--The Secretary shall prepare a legal
description of the land and interests in land designated as the
National Monument. The legal description and map prepared pursuant to
this subsection shall be on file and available for public inspection in
the appropriate offices.
SEC. 5. AUTHORITY TO CARRY OUT FEDERAL LAW.
Nothing in this Act modifies any authority of the United States to
carry out Federal laws on Federal land located within the National
Monument.
SEC. 6. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Map.--Except for the purposes of section 4(d), the term
``map'' means the map titled ``Penn Center Historic District''
and received on August 22, 1974, by the Department of the
Interior, National Register, as part of the National Register
Nomination Form (Form 10-300) for the Penn Center Historic
District.
(3) National monument.--The term ``National Monument''
means the Penn School - Reconstruction Era National Monument
pursuant to this Act.
(4) Penn center.--The term ``Penn Center'' means Penn
Community Services, Inc., a South Carolina corporation
recognized under section 501(c)(3) of the Internal Revenue Code
of 1986. | Penn School - Reconstruction Era National Monument Act This bill establishes the Penn School - Reconstruction Era National Monument in South Carolina, which shall become a unit of the National Park System (NPS) when the Department of the Interior has: acquired sufficient land or an interest in land within the monument's boundary to constitute a manageable unit, and entered into a written agreement with Penn Community Services, Inc. (known as Penn Center) pursuant to this bill. The bill declares that the monument's boundaries shall be the same as those of the Penn Center National Historic Landmark District. Interior may enter into an agreement with Penn Center: regarding the transfer of land or interests in land; and delineating the respective roles and responsibilities of the National Park Service and Penn Center in the operation, maintenance, and interpretation of the monument. Interior may acquire by donation, purchase from a willing seller, or exchange lands or interests in land within the monument's boundary and within its vicinity. | {"src": "billsum_train", "title": "Penn School - Reconstruction Era National Monument Act"} | 2,288 | 211 | 0.415392 | 1.444503 | 0.623041 | 5.225131 | 11.397906 | 0.931937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Tobacco Sales Enforcement
Act''.
SEC. 2. REVISION OF ACT OF OCTOBER 19, 1949.
The Act of October 19, 1949, entitled ``An Act to assist States in
collecting sales and use taxes on cigarettes'' (15 U.S.C. 375 et seq.)
is amended by striking ``That for the purposes of this Act'' and all
that follows through the end of the Act and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Jenkins Act'.
``SEC. 2. INTERSTATE SALES OF CIGARETTES AND SMOKELESS TOBACCO.
``(a) Compliance With Laws.--
``(1) Each person who engages in an interstate sale of
cigarettes or smokeless tobacco or in an interstate
distribution of cigarettes or smokeless tobacco shall comply
with all the excise, sales, and use tax laws applicable to the
sale or other transfer of cigarettes or smokeless tobacco in
the State and place in which the cigarettes or smokeless
tobacco are delivered as though the person were physically
located in that State or place.
``(2) Unless the law of the State and place in which
cigarettes or smokeless tobacco are delivered pursuant to an
interstate sale requires otherwise for the payment of an excise
tax imposed on that sale, the cigarettes or smokeless tobacco
may not be delivered to the buyer unless in advance of the
delivery--
``(A) the excise tax has been paid; and
``(B) any required stamps or other indicia that the
excise tax has been paid are properly affixed or
applied to the cigarettes or smokeless tobacco.
``(3)(A) Each State may compile a list of interstate
sellers of cigarettes or smokeless tobacco who are in
compliance with this Act with respect to that State. If a State
posts a list pursuant to this subsection, no person may
knowingly make an interstate distribution of cigarettes or
smokeless tobacco into that State other than to a person
engaged in the business of manufacturing, distributing or
selling cigarettes or smokeless tobacco unless the person
initiating or ordering the delivery is on the list at the time
of delivery.
``(B) Each State may also compile a list of interstate
sellers of cigarettes or smokeless tobacco who are not in
compliance with this Act with respect to that State. If a State
posts a list pursuant to this subsection, no person make an
interstate distribution of any item into that State for a
person on the list unless--
``(i) the person in good faith determines that the
item does not include cigarettes or smokeless tobacco;
or
``(ii) the delivery is made to a person engaged in
the business of manufacturing, distributing or selling
cigarettes or smokeless tobacco.
``(b) Recordkeeping and Reporting.--Each person who engages in an
interstate sale of cigarettes or smokeless tobacco, or who advertises,
or offers to engage in, such a sale, shall--
``(1) first file with the tobacco tax administrator of the
State and place in which the cigarettes or smokeless tobacco
are to be offered, advertised, or delivered, a statement
setting forth the person's name and trade name (if any), and
the address of that person's principal place of business and
any other place of business, as well as telephone numbers for
each place of business, a principal electronic mail address,
any website addresses, and the name, address and telephone
number of an agent authorized to accept service on behalf of
that person;
``(2) not later than the 10th day of each calendar month,
file with that tobacco tax administrator a memorandum or copy
of the invoice covering each and every interstate sale of
cigarettes or smokeless tobacco by the filer into that State or
place, and each interstate distribution of cigarettes or
smokeless tobacco pursuant to that sale, during the previous
calendar month, and such memorandum or invoice shall include
the name and address of the person to whom the cigarettes or
smokeless tobacco are delivered, the brand, and the type, the
quantity delivered, and the name, address, and phone number of
the person delivering; and
``(3) maintain records, including the information specified
in paragraph (2), for not less than 5 years after the date of
an interstate sale of cigarettes or smokeless tobacco and of
each interstate distribution of cigarettes or smokeless tobacco
pursuant to that sale, and make those records available for
inspection upon the lawful demand of the Attorney General of
the United States, an Attorney General of a State, the
Commissioner of Internal Revenue, or the chief tax collection
official of a State.
``(c) Deeming Rule.--For the purposes of this section--
``(1) an interstate sale or delivery of cigarettes or
smokeless tobacco shall be deemed to have occurred in the State
and place where the buyer obtains personal possession of the
cigarettes or smokeless tobacco; and
``(2) a delivery pursuant to an interstate sale is deemed
to have been initiated or ordered by the seller.
``SEC. 3. CIVIL ACTION.
``(a) In General.--In addition to any other remedies available
under other Federal or State or local law, the Attorney General of a
State may in a civil action obtain any appropriate relief, including
money damages where appropriate, against--
``(1) any person who violates, or is about to engage in a
violation of, section 2; or
``(2) any person who knowingly assists or participates, or
knowingly is about to engage, in such a violation.
``(b) Notice.--It is the sense of Congress that, if the Attorney
General of a State commences a civil action under subsection (a), that
Attorney General should inform the Attorney General of the United
States, and that the Attorney General of the United States should make
information about the case publicly available, through posting the
information on the Internet and through other means.
``SEC. 4. CIVIL PENALTY.
``Whoever violates section 2 is subject to a civil penalty not to
exceed $5,000 in the case of a first violation, and not to exceed
$10,000 in any other case.
``SEC. 5. CRIMINAL PENALTY.
``Whoever violates section 2 shall be fined under title 18, United
States Code, or imprisoned not more than 6 months, or both.
``SEC. 6. NONPREEMPTION.
``This Act does not limit the remedies provided by State or Federal
law with respect to alleged violations of State or Federal law relating
to a sale or distribution of cigarettes or smokeless tobacco, in
connection with an interstate sale or distribution of cigarettes or
smokeless tobacco.
``SEC. 7. DEFINITIONS.
``As used in this Act--
``(1) the term `Attorney General', with respect to a State,
means the chief law enforcement officer of that State, or the
designee of that officer;
``(2) the term `cigarette' means--
``(A) any roll of tobacco wrapped in paper or in
any substance not containing tobacco which is to be
burned;
``(B) any roll of tobacco wrapped in any substance
containing tobacco that, because of its appearance, the
type of tobacco used in the filler, or its packaging or
labeling is likely to be offered to, or purchased by
consumers as a cigarette described in subparagraph (A);
``(C) any roll of tobacco wrapped in any substance
that because of its appearance, the type of tobacco
used in the filler, or its packaging or labeling is
likely to be offered to, or purchased by consumers as a
cigarette; or
``(D) loose rolling tobacco that, because of its
appearance, type, packaging, or labeling, is likely to
be offered to, or purchased by, consumers as tobacco
for making cigarettes;
``(3) the term `smokeless tobacco' has the meaning given
that term in section 9 of the Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4408);
``(4) the term `interstate sale of cigarettes or smokeless
tobacco' means any sale of cigarettes or smokeless tobacco in
interstate or foreign commerce to a person, other than a person
licensed as a distributor in the State where the cigarettes or
smokeless tobacco is delivered, in which the buyer is either
not in the seller's physical presence at the time the request
for purchase is made or not in the seller's physical presence
at the time the buyer obtains personal possession of the
cigarettes or smokeless tobacco;
``(5) the term `interstate or foreign commerce' means
commerce between a State and any place outside that State,
commerce between a State and any Indian lands in that State, or
commerce between points in the same State but through any place
outside that State;
``(6) the term `interstate distribution of cigarettes or
smokeless tobacco' means a delivery or other distribution of
cigarettes or smokeless tobacco pursuant to an interstate sale
of cigarettes or smokeless tobacco;
``(7) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, or
any territory or possession of the United States;
``(8) the term `person' means an individual, a corporation,
company, association, firm, partnership, society, joint stock
company, an Indian tribal organization, or an Indian tribal
government;
``(9) the term `tribal organization' has the meaning given
that term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); and
``(10) the term `Indian lands' has the meaning given that
term in section 3 of the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470bb).''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect on the first day
of the first month beginning on or after 60 days after the date of the
enactment of this Act. | Internet Tobacco Sales Enforcement Act - Amends the Jenkins Act to require each person who engages in an interstate sale of cigarettes or smokeless tobacco or in an interstate distribution of cigarettes or smokeless tobacco to comply with all the excise, sales, and use tax laws applicable to the sale or other transfer of cigarettes or smokeless tobacco in the State and place in which the cigarettes or smokeless tobacco are delivered.
Prohibits the cigarettes or smokeless tobacco from being delivered to the buyer unless in advance of the delivery the excise tax has been paid and any required stamps or other indicia that such tax has been paid are properly affixed or applied, with an exception.
Authorizes a State Attorney General to bring a civil action to obtain any appropriate relief, including money damages where appropriate, against any person who violates such prohibition or who knowingly assists or participates in such a violation. Expresses the sense of Congress that any State Attorney General who commences such a civil action should inform the U.S. Attorney General who should make information about the case publicly available. Authorizes civil penalties for violations. Eliminates the $1,000 criminal penalty limitation. Declares that the Act does not limit the remedies provided by State or Federal law with respect to alleged violations relating to a sale or distribution of cigarettes or smokeless tobacco in connection with an interstate sale or distribution of cigarettes or smokeless tobacco. | {"src": "billsum_train", "title": "To revise and reform the Act commonly called the Jenkins Act, and for other purposes."} | 2,233 | 308 | 0.679378 | 1.989581 | 0.89055 | 5.85098 | 8.290196 | 0.92549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Renewable Fuel and Job
Creation Act of 2017''.
SEC. 2. REFORM AND EXTENSION OF BIODIESEL TAX INCENTIVES.
(a) Income Tax Credit.--
(1) In general.--So much of section 40A of the Internal
Revenue Code as precedes subsection (c) is amended to read as
follows:
``SEC. 40A. BIODIESEL FUELS CREDIT.
``(a) In General.--For purposes of section 38, the biodiesel fuels
credit determined under this section for the taxable year is $1.00 for
each gallon of biodiesel produced by the taxpayer which during the
taxable year--
``(1) is sold by the taxpayer to another person--
``(A) for use by such other person's trade or
business as a fuel or in the production of a qualified
biodiesel mixture (other than casual off-farm
production), or
``(B) who sells such biodiesel at retail to another
person and places such biodiesel in the fuel tank of
such other person, or
``(2) is used by such taxpayer for any purpose described in
paragraph (1).
``(b) Increased Credit for Small Producers.--
``(1) In general.--In the case of any eligible small
biodiesel producer, subsection (a) shall be applied by
increasing the dollar amount contained therein by 10 cents.
``(2) Limitation.--Paragraph (1) shall only apply with
respect to the first 15,000,000 gallons of biodiesel produced
by any eligible small biodiesel producer during any taxable
year.''.
(2) Definitions and special rules.--Section 40A(d) of such
Code is amended by striking all that follows paragraph (1) and
inserting the following:
``(2) Qualified biodiesel mixture; biodiesel mixture.--
``(A) Qualified biodiesel mixture.--
``(i) In general.--The term `qualified
biodiesel mixture' means a biodiesel mixture
which is--
``(I) sold by the producer of such
mixture to any person for use as a
fuel, or
``(II) used by the producer of such
mixture as a fuel.
``(ii) Sale or use must be in trade or
business, etc.--A biodiesel mixture shall not
be treated as a qualified biodiesel mixture
unless the sale or use described in clause (i)
is in a trade or business of the person
producing the biodiesel mixture.
``(B) Biodiesel mixture.--The term `biodiesel
mixture' means a mixture which consists of biodiesel
and diesel fuel (as defined in section 4083(a)(3)),
determined without regard to any use of kerosene.
``(3) Biodiesel not used for a qualified purpose.--If--
``(A) any credit was determined with respect to any
biodiesel under this section, and
``(B) any person uses such biodiesel for a purpose
not described in subsection (a),
then there is hereby imposed on such person a tax equal to the
product of the rate applicable under subsection (a) and the
number of gallons of such biodiesel.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) In general.--No credit shall be determined
under subsection (a) with respect to biodiesel unless
such biodiesel is produced in the United States from
qualified feedstocks. For purposes of this paragraph,
the term `United States' includes any possession of the
United States.
``(B) Qualified feedstocks.--For purposes of
subparagraph (A), the term `qualified feedstock' means
any feedstock which is allowable for a fuel that is
assigned a D code of 4 under section 80.1426(f) of
title 40, Code of Federal Regulations.''.
(3) Rules for small biodiesel producers.--
(A) In general.--Section 40A(e) of such Code is
amended--
(i) by striking ``agri-biodiesel'' each
place it appears in paragraphs (1) and (5)(A)
and inserting ``biodiesel'',
(ii) by striking ``subsection (b)(4)(C)''
each place it appears in paragraphs (2) and (3)
and inserting ``subsection (b)(2)'', and
(iii) by striking ``subsection (a)(3)''
each place it appears in paragraphs (5)(A),
(6)(A)(i), and (6)(B)(i) and inserting
``subsection (b)''.
(B) The heading for subsection (e) of section 40A
of such Code is amended by striking ``Agri-biodiesel''
and inserting ``Biodiesel''.
(C) The headings for paragraphs (1) and (6) of
section 40A(e) of such Code are each amended by
striking ``agri-biodiesel'' and inserting
``biodiesel''.
(4) Renewable diesel.--
(A) In general.--Paragraph (3) of section 40A(f) of
such Code is amended to read as follows:
``(3) Renewable diesel defined.--
``(A) In general.--The term `renewable diesel'
means liquid fuel derived from biomass which--
``(i) is not a mono-alkyl ester,
``(ii) can be used in engines designed to
operate on conventional diesel fuel, and
``(iii) meets the requirements for any
Grade No. 1-D fuel or Grade No. 2-D fuel
covered under the American Society for Testing
and Materials specification D-975-13a.
``(B) Exceptions.--Such term shall not include--
``(i) any liquid with respect to which a
credit may be determined under section 40,
``(ii) any fuel derived from coprocessing
biomass with a feedstock which is not biomass,
or
``(iii) any fuel that is not chemically
equivalent to petroleum diesel fuels that can
meet fuel quality specifications applicable to
diesel fuel, gasoline, or aviation fuel.
``(C) Biomass.--For purposes of this paragraph, the
term `biomass' has the meaning given such term by
section 45K(c)(3).''.
(B) Conforming amendments.--Section 40A(f) of such
Code is amended--
(i) by striking ``Subsection (b)(4)'' in
paragraph (2) and inserting ``Subsection (b)'',
and
(ii) by striking paragraph (4) and
inserting the following:
``(4) Certain aviation fuel.--Except as provided paragraph
(3)(B), the term `renewable diesel' shall include fuel derived
from biomass which meets the requirements of a Department of
Defense specification for military jet fuel or an American
Society for Testing and Materials specification for aviation
turbine fuel.''.
(5) Extension.--Subsection (g) of section 40A of such Code
is amended by striking ``December 31, 2016'' and inserting
``December 31, 2020''.
(6) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 40A and
inserting the following new item:
``Sec. 40A. Biodiesel fuels credit.''.
(b) Excise Tax Credit.--
(1) Reform.--Subsection (c) of section 6426 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Biodiesel Production Credit.--
``(1) In general.--For purposes of this section, the
biodiesel production credit is $1.00 for each gallon of
biodiesel produced by the taxpayer and which--
``(A) is sold by such taxpayer to another person--
``(i) for use by such other person's trade
or business as a fuel or in the production of a
qualified biodiesel mixture (other than casual
off-farm production), or
``(ii) who sells such biodiesel at retail
to another person and places such biodiesel in
the fuel tank of such other person, or
``(B) is used by such taxpayer for any purpose
described in subparagraph (A).
``(2) Definitions.--Any term used in this subsection which
is also used in section 40A shall have the meaning given such
term by section 40A.
``(3) Termination.--This subsection shall not apply to any
sale, use, or removal after December 31, 2020.''.
(2) Producer registration requirement.--Subsection (a) of
section 6426 of such Code is amended by striking ``subsections
(d) and (e)'' in the flush sentence at the end and inserting
``subsections (c), (d), and (e)''.
(3) Recapture.--
(A) In general.--Subsection (f) of section 6426 of
such Code is amended--
(i) by striking ``or biodiesel'' each place
it appears in subparagraphs (A) and (B)(i) of
paragraph (1),
(ii) by striking ``or biodiesel mixture''
in paragraph (1)(A), and
(iii) by redesignating paragraph (2) as
paragraph (3) and by inserting after paragraph
(1) the following new paragraph:
``(2) Biodiesel.--If any credit was determined under this
section or paid pursuant to section 6427(e) with respect to the
production of any biodiesel and any person uses such biodiesel
for a purpose not described in subsection (c)(1), then there is
hereby imposed on such person a tax equal to $1 for each gallon
of such biodiesel.''.
(B) Conforming amendments.--
(i) Paragraph (3) of section 6426(f) of
such Code, as redesignated by subparagraph
(A)(iii), is amended by inserting ``or (2)''
after ``paragraph (1)''.
(ii) The heading for paragraph (1) of
section 6426(f) of such Code is amended by
striking ``Imposition of tax'' and inserting
``In general''.
(4) Limitation.--Section 6426(i) of such Code is amended--
(A) in paragraph (2)--
(i) by striking ``biodiesel or'', and
(ii) by striking ``Biodiesel and'' in the
heading, and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) Biodiesel.--No credit shall be determined under
subsection (a) with respect to biodiesel unless such biodiesel
is produced in the United States from qualified feedstocks (as
defined in section 40A(d)(5)(B)).''.
(5) Clerical amendments.--
(A) The heading of section 6426 of such Code is
amended by striking ``alcohol fuel, biodiesel, and
alternative fuel mixtures'' and inserting ``alcohol
fuel mixtures, biodiesel production, and alternative
fuel mixtures''.
(B) The item relating to section 6426 in the table
of sections for subchapter B of chapter 65 of such Code
is amended by striking ``alcohol fuel, biodiesel, and
alternative fuel mixtures'' and inserting ``alcohol
fuel mixtures, biodiesel production, and alternative
fuel mixtures''.
(c) Excise Payments.--Subsection (e) of section 6427 of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or the biodiesel mixture credit'' in
paragraph (1),
(2) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively, and by inserting
after paragraph (2) the following new paragraph:
``(3) Biodiesel production credit.--If any person produces
biodiesel and sells or uses such biodiesel as provided in
section 6426(c)(1), the Secretary shall pay (without interest)
to such person an amount equal to the biodiesel production
credit with respect to such biodiesel.'',
(3) by striking ``paragraph (1) or (2)'' each place it
appears in paragraphs (4) and (6), as redesignated by paragraph
(2), and inserting ``paragraph (1), (2), or (3)'',
(4) by striking ``alternative fuel'' each place it appears
in paragraphs (4) and (6), as redesignated by paragraph (2),
and inserting ``fuel'', and
(5) in paragraph (7)(B), as redesignated by paragraph (2)--
(A) by striking ``biodiesel mixture (as defined in
section 6426(c)(3))'' and inserting ``biodiesel (within
the meaning of section 40A)'', and
(B) by striking ``December 31, 2016'' and inserting
``December 31, 2020''.
(d) Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's delegate, shall issue preliminary guidance with respect to
the amendments made by this section.
(e) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2016.
(f) Special Rule for 2017.--Notwithstanding any other provision of
law, in the case of any biodiesel mixture credit properly determined
under section 6426(c) of the Internal Revenue Code of 1986 for period
beginning after December 31, 2016, and ending before the date of the
enactment of this Act, such credit shall be allowed, and any refund or
payment attributable to such credit (including any payment under
section 6427(e) of such Code) shall be made, only in such manner as the
Secretary of the Treasury (or the Secretary's delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the date of
the enactment of this Act providing for a one-time submission of claims
covering periods described in the preceding sentence. Such guidance
shall provide for a 180-day period for the submission of such claims
(in such manner as prescribed by such Secretary) to begin not later
than 30 days after such guidance is issued. Such claims shall be paid
by such Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this subsection
within 60 days after the date of the filing of such claim, the claim
shall be paid with interest from such date determined by using the
overpayment rate and method under section 6621 of such Code. | American Renewable Fuel and Job Creation Act of 2017 This bill amends the Internal Revenue Code to modify and extend: (1) the income tax credit for biodiesel and renewable diesel used as fuel, and (2) the excise tax credit for biodiesel fuel mixtures. The bill: (1) makes the credits available to domestic producers of the fuels rather than the policy under current law of providing a mixture credit to the blender of the fuel, (2) increases the income tax credit for certain small biodiesel producers, and (3) extends the credits through 2020. | {"src": "billsum_train", "title": "American Renewable Fuel and Job Creation Act of 2017"} | 3,439 | 116 | 0.606192 | 1.395893 | 0.62364 | 1.954955 | 26.801802 | 0.81982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Rail Justice Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds as follows:
(1) During World War II, more than 75,000 Jews and
thousands of other persons were deported from France to Nazi
concentration camps, on trains operated for profit by the
Societe Nationale des Chemins de fer Francais (in this Act
referred to as ``SNCF''), including deportations to Auschwitz
and Buchenwald. Numerous citizens and residents of the United
States were among those who were on the trains or had relatives
on the trains. United States servicemen who were pilots shot
down over France were also among the persons deported on the
SNCF trains to Nazi concentration camps.
(2) United States citizens and others have sought redress
against SNCF by filing a class action suit in the United States
District Court for the Eastern District of New York. The named
plaintiffs and class members include United States Army Air
Force pilots and United States citizens.
(3) The complaint filed alleges that SNCF, a separate
corporate entity that remained independent during World War II,
operated the deportation trains for a profit, as ordinary
commercial transactions. SNCF remained under French civilian
control throughout World War II and is alleged to have
collaborated willingly with the German Nazi regime.
(4) The complaint alleges that SNCF provided the necessary
rolling stock, scheduled the departures, and supplied the
employees to operate the trains bound for the concentration
camps. SNCF allegedly charged an ordinary passenger coach fare
for the deportations, calculated per person and per kilometer,
and considered these trains as ordinary commercial activities.
The plaintiffs further contend that SNCF herded as many people
as possible into each car, requiring passengers of all ages and
sexes, including the elderly and young children, to stand
throughout the trip of several days' duration, with no
provision for food or water and no sanitary facilities. The
complaint further alleges that SNCF cleaned the trains after
each trip, removing the corpses of persons who perished during
transit due to the execrable conditions of the train cars. The
destination was in each case a camp in which the deportees were
to be exterminated, worked to death, or made to suffer terrible
and inhuman conditions.
(5) The complaint contends that SNCF's actions violated the
Principles of the Nuremberg Tribunal, 1950, relating to crimes
under international law (earlier recognized by the Martens
Clause of the Hague Convention IV of 1907), and aided and
abetted the commission of war crimes and crimes against
humanity. SNCF has not denied its actions and has never
disgorged the money that it was paid for the deportations or
otherwise compensated the deportees or their heirs.
(6) SNCF's records concerning the deportation trains have
not been made available to the plaintiffs, and SNCF archives
concerning its wartime activities are not accessible to the
general public.
(7) SNCF moved to dismiss the lawsuit on a claim of
sovereign immunity under the foreign sovereign immunities
provisions of title 28, United States Code (28 U.S.C. 1330 and
1602 et seq.), even though it is one of the 500 largest
corporations in the world, earns hundreds of millions of
dollars from its commercial activities in the United States,
and is not accorded sovereign immunity under the laws of
France. SNCF's motion to dismiss the lawsuit was granted by the
United States District Court for the Eastern District of New
York. Plaintiffs appealed the decision, their appeal was
granted, and the case was remanded for further proceedings.
Subsequently, in light of Republic of Austria v. Altmann, 541
U.S. 677 (2004), in November 2004, on remand, the Court of
Appeals for the Second Circuit recalled its prior mandate and
determined that SNCF was entitled to immunity and affirmed the
dismissal of the complaint. The Second Circuit stated that
``the railroad's conduct at the time lives on in infamy'' but
concluded that ``the evil actions of the French national
railroad's former private masters in knowingly transporting
thousands to death camps during World War II are not
susceptible to legal redress in Federal court today.''.
(8) This lawsuit, which arises from the unique historical
facts of the deportation of persons to Nazi concentration
camps, presents issues of substantial importance to citizens
and veterans of the United States. Many of those who have
sought redress against SNCF are elderly and would have
difficulty traveling outside the United States in order to
pursue their claims elsewhere. The courts of the United States
are and should be a proper forum for this lawsuit. The Foreign
Sovereign Immunities Act of 1976, which had not been enacted at
the time of SNCF's actions during World War II, was not
intended to bar suit against the SNCF.
SEC. 3. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES.
(a) Jurisdiction of District Courts.--The United States district
courts shall have original jurisdiction, without regard to the amount
in controversy, of any civil action for damages for personal injury or
death that--
(1) arose from the deportation of persons to Nazi
concentration camps during the period beginning on January 1,
1942, and ending on December 31, 1944; and
(2) is brought by any such person, or any heir or survivor
of such person, against a railroad that--
(A) owned or operated the trains on which the
persons were so deported; and
(B) was organized as a separate legal entity at the
time of the deportation, whether or not any of the
equity interest in the railroad was owned by a foreign
state.
(b) Other Laws Not Applicable.--Sections 1330 and 1601 through 1611
of title 28, United States Code, or any other law limiting the
jurisdiction of the United States courts, whether by statute or under
common law, shall not preclude any action under subsection (a).
(c) Inapplicability of Statutes of Limitation.--An action described
in subsection (a) shall not be barred by a defense that the time for
bringing such action has expired under a statute of limitations.
(d) Applicability.--This section shall apply to any action pending
on January 1, 2002, and to any action commenced on or after that date.
SEC. 4. REPORT TO CONGRESS.
In furtherance of international education relating to the Holocaust
and in light of historic and continuing Anti-Semitism in Europe and
throughout the world, the Secretary of State shall submit to the
Congress, not later than the date that is 1 year after the date of the
enactment of this Act, a report describing the extent to which the
public has access to records, including archived information, of any
railroad described in section 2(a)(2) with respect to the deportation
of persons to Nazi concentration camps during the period beginning on
January 1, 1942, and ending on December 31, 1944, on trains owned or
operated by that railroad. | Holocaust Rail Justice Act - Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944; and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity.
Declares that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action; and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2002.
Directs the Secretary of State to report to Congress on the extent to which the public has access to records, including archived information, with respect to the deportation of such persons to Nazi concentration camps on such trains. | {"src": "billsum_train", "title": "To ensure that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons, and for other purposes."} | 1,590 | 202 | 0.471537 | 1.583724 | 0.647898 | 4.462366 | 7.612903 | 0.956989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Pediatric Research Network
Act of 2012''.
SEC. 2. NATIONAL PEDIATRIC RESEARCH NETWORK.
Section 409D of the Public Health Service Act (42 U.S.C. 284h;
relating to the Pediatric Research Initiative) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
``(d) National Pediatric Research Network.--
``(1) Network.--In carrying out the Initiative, the
Director of NIH, acting through the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development and in collaboration with other appropriate
national research institutes and national centers that carry
out activities involving pediatric research, may provide for
the establishment of a National Pediatric Research Network
consisting of the pediatric research consortia receiving awards
under paragraph (2).
``(2) Pediatric research consortia.--
``(A) In general.--The Director of the Institute
may award cooperative agreements and grants to public
or private nonprofit entities--
``(i) for planning, establishing, or
strengthening pediatric research consortia; and
``(ii) for providing basic operating
support for such consortia, including with
respect to--
``(I) basic, clinical, behavioral,
or translational research to meet unmet
needs for pediatric research; and
``(II) training researchers in
pediatric research techniques.
``(B) Research.--The Director of NIH shall ensure
that--
``(i) each consortium receiving an award
under subparagraph (A) conducts or supports at
least one category of research described in
subparagraph (A)(ii)(I) and collectively such
consortia conduct or support all such
categories of research; and
``(ii) one or more such consortia provides
training described in subparagraph (A)(ii)(II).
``(C) Number of consortia.--The Director of NIH may
make awards under this paragraph for not more than 20
pediatric research consortia.
``(D) Organization of consortium.--Each consortium
receiving an award under subparagraph (A) shall--
``(i) be formed from a collaboration of
cooperating institutions;
``(ii) be coordinated by a lead
institution; and
``(iii) meet such requirements as may be
prescribed by the Director of NIH.
``(E) Supplement, not supplant.--Any support
received by a consortium under subparagraph (A) shall
be used to supplement, and not supplant, other public
or private support for activities authorized to be
supported under this paragraph.
``(F) Duration of support.--Support of a consortium
under subparagraph (A) may be for a period of not to
exceed 5 years. Such period may be extended by the
Director of NIH for additional periods of not more than
5 years.
``(3) Coordination of consortia activities.--The Director
of NIH shall--
``(A) as appropriate, provide for the coordination
of activities (including the exchange of information
and regular communication) among the consortia
established pursuant to paragraph (2); and
``(B) require the periodic preparation and
submission to the Director of reports on the activities
of each such consortium.
``(e) Research on Pediatric Rare Diseases or Conditions.--
``(1) In general.--In making awards under subsection (d)(2)
for pediatric research consortia, the Director of NIH shall
ensure that an appropriate number of such awards are awarded to
such consortia that agree to--
``(A) focus primarily on pediatric rare diseases or
conditions (including any such diseases or conditions
that are genetic disorders (such as spinal muscular
atrophy and Duchenne muscular dystrophy) or are related
to birth defects (such as Down syndrome and fragile
X));
``(B) conduct or coordinate one or more multisite
clinical trials of therapies for, or approaches to, the
prevention, diagnosis, or treatment of one or more
pediatric rare diseases or conditions; and
``(C) rapidly and efficiently disseminate
scientific findings resulting from such trials.
``(2) Data coordinating center.--
``(A) Establishment.--In connection with support of
consortia described in paragraph (1), the Director of
NIH shall establish a data coordinating center for the
following purposes:
``(i) To distribute the scientific findings
referred to in paragraph (1)(C).
``(ii) To provide assistance in the design
and conduct of collaborative research projects
and the management, analysis, and storage of
data associated with such projects.
``(iii) To organize and conduct multisite
monitoring activities.
``(iv) To provide assistance to the Centers
for Disease Control and Prevention in the
establishment of patient registries.
``(B) Reporting.--The Director of NIH shall--
``(i) require the data coordinating center
established under subparagraph (A) to provide
regular reports to the Director of NIH and the
Commissioner of Food and Drugs on research
conducted by consortia described in paragraph
(1), including information on enrollment in
clinical trials and the allocation of resources
with respect to such research; and
``(ii) as appropriate, incorporate
information reported under clause (i) into the
Director's biennial reports under section 403.
``(3) Definition.--In this subsection, the term `pediatric
rare disease or condition' means a rare disease or condition
(as defined in section 526(a)(2) of the Federal Food, Drug, and
Cosmetic Act) that affects pediatric populations.''. | National Pediatric Research Network Act of 2012 - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH), in carrying out the Pediatric Research Initiative, to act through the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development and in collaboration with other appropriate national research institutes and national centers that carry out activities involving pediatric research to provide for the establishment of a National Pediatric Research Network.
Authorizes the Director of the Institute to award cooperative agreements and grants to public or private nonprofit entities for: (1) planning, establishing, or strengthening pediatric research consortia; and (2) providing basic operating support for such consortia, including for pediatric research needs and training. Authorizes the Director to make awards for not more than 20 pediatric research consortia. Requires the Director to provide for the coordination of activities among the consortia and to require the periodic preparation and submission of reports on their activities.
Requires the Director of NIH to ensure that an appropriate number of such awards are awarded to consortia that agree to: (1) focus primarily on pediatric rare diseases or conditions; (2) conduct or coordinate multi-site clinical trials of therapies for, or approaches to, the prevention, diagnosis, or treatment of pediatric rare diseases or conditions; and (3) disseminate trial findings.
Requires the Director of NIH to establish a data coordinating center to: (1) distribute such findings; (2) provide assistance in the design and conduct of collaborative research projects and the management, analysis, and storage of data associated with such projects; (3) organize and conduct multi-site monitoring activities; (4) provide assistance to the Centers for Disease Control and Prevention (CDC) in the establishment of patient registries; and (5) report regularly on consortia research. | {"src": "billsum_train", "title": "A bill to amend title IV of the Public Health Service Act to provide for a National Pediatric Research Network, including with respect to pediatric rare diseases or conditions."} | 1,282 | 387 | 0.775074 | 2.391002 | 0.921884 | 4.411932 | 3.284091 | 0.940341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Tobacco Responsibility
Act of 1997''.
SEC. 2. EXPORTS OF TOBACCO PRODUCTS AND ADVERTISING OF TOBACCO PRODUCTS
ABROAD.
(a) Labeling Requirements for Exports.--
(1) Requirements for cigarettes.--It shall be unlawful for
any person subject to the jurisdiction of the United States,
either directly or through a foreign subsidiary or agent of
that person, to export from the United States or any other
country any cigarettes the package of which does not contain
the label statements, in the primary language of the country in
which the cigarettes are intended for consumption, required by
section 4 of the Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1333) for cigarettes manufactured, imported, or
packaged for sale or distribution within the United States.
(2) Smokeless tobacco warning.--It shall be unlawful for
any person subject to the jurisdiction of the United States,
either directly or through a foreign subsidiary or agent of
that person, to export from the United States or any other
country any smokeless tobacco product the package of which does
not contain the label statements, in the primary language of
the country in which the smokeless tobacco product is intended
for consumption, required by section 3 of the Comprehensive
Smokeless Tobacco Health Education Act of 1986.
(3) Waivers.--The President may waive the prohibition
contained in paragraph (1) or (2) if the President determines
that the country in which the exported cigarettes or smokeless
tobacco product are intended for consumption has in effect
requirements for labeling of cigarette packages or smokeless
tobacco product packages substantially similar to or more
stringent than those set forth in section 4 of the Federal
Cigarette Labeling and Advertising Act or section 3 of the
Comprehensive Smokeless Tobacco Health Education Act of 1986.
The President shall publish in the Federal Register all waivers
granted under this paragraph.
(b) Label Statements Required for Advertising Abroad.--
(1) Requirements for cigarettes.--It shall be unlawful for
any person subject to the jurisdiction of the United States,
either directly or through a foreign subsidiary or agent of
that person, to advertise or cause to be advertised abroad any
cigarette unless the advertising contains the label statements,
in the same language as the advertising message, required for
advertising under section 4 of the Federal Cigarette Labeling
and Advertising Act.
(2) Smokeless tobacco requirements.--It shall be unlawful
for any person subject to the jurisdiction of the United
States, either directly or through a foreign subsidiary or
agent of that person, to advertise or cause to be advertised
abroad any smokeless tobacco product unless the labeling
contains the label statements, in the same language as the
advertising message, required for advertising by section 3 of
the Comprehensive Smokeless Tobacco Health Education Act of
1986.
(3) Waiver.--The President may waive the prohibition
contained in paragraph (1) or (2) with respect to a country in
which the advertising is carried out if the President
determines that the country has in effect requirements for
advertising of cigarettes or smokeless tobacco products
substantially similar to or more stringent than those set forth
in section 4 of the Federal Cigarette Labeling and Advertising
Act or section 3 of the Comprehensive Smokeless Tobacco Health
Education Act of 1986. The President shall publish in the
Federal Register all waivers granted under this paragraph.
SEC. 3. PENALTIES.
(a) Fine.--Any person who violates the provisions of section 2
shall be fined not more than $100,000.
(b) Injunction Proceedings.--The district courts of the United
States shall have jurisdiction, for cause shown, to prevent and
restrain violations of section 2 upon the application of the Attorney
General of the United States.
SEC. 4. REPEAL.
Section 12 of the Federal Cigarette Labeling and Advertising Act
(15 U.S.C. 1340) is repealed.
SEC. 5. RESTRICTIONS ON ACTIVITIES ABROAD REGARDING THE MARKETING OF
TOBACCO PRODUCTS.
(a) Prohibition.--No funds appropriated by law may be used by any
officer, employee, department, or agency of the United States or of any
State or local government--
(1) to seek, through negotiation or otherwise, the removal
or reduction by any foreign country of any restrictions which
that country imposes or may impose on the advertising,
manufacture, packaging, taxation, or sale or distribution of
cigarettes, little cigars, snuff, chewing tobacco, or smokeless
tobacco, that is produced in that foreign country; or
(2) to promote the export of cigarettes, little cigars,
snuff, chewing tobacco, or smokeless tobacco to, or the sale or
distribution of cigarettes, little cigars, snuff, chewing
tobacco, or smokeless tobacco in, any foreign country.
(b) Export Promotion Activities.--For purposes of this section, the
term ``promote the export of cigarettes, little cigars, snuff, chewing
tobacco, or smokeless tobacco'' includes any activity designed to
stimulate or assist United States businesses in marketing those
products abroad competitively with businesses from other countries,
including, but not limited to--
(1) trade development and dissemination of foreign
marketing opportunities and other marketing information to
United States producers of those products, including the
expansion of foreign markets for those products;
(2) the development of regional and multilateral economic
policies that enhance United States trade and investment
interests in such products, and the provision of marketing
services with respect to foreign countries and regions; and
(3) the exhibition of such products in other countries.
SEC. 6. COMPOSITION OF SECTION 301 COMMITTEE.
Any interagency committee established to assist the United States
Trade Representative in performing the functions vested in the Trade
Representative under section 301 of the Trade Act of 1974, shall
include, with respect to any case under such section 301 that involves
cigarettes, little cigars, snuff, chewing tobacco, or smokeless
tobacco, representatives of the Department of Health and Human
Services.
SEC. 7. INTERNATIONAL CONFERENCE ON TOBACCO USE.
It is the sense of the Congress that the President should urge the
United Nations, acting through the United States Permanent
Representative to the United Nations, to create a United Nations
Conference to address the use of tobacco worldwide and to implement
regulations to decrease the use of tobacco.
SEC. 8. REGULATORY AUTHORITY.
The President may issue such regulations and orders as may be
necessary to carry out this Act.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Cigarette.--The term ``cigarette'', ``United States'',
``package'', and ``sale or distribution'', have the meanings
given those terms in section 3 of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1332).
(2) Foreign subsidiary.--A person is a ``foreign
subsidiary'' of another person if that person is located
outside the United States or is organized under the laws of a
foreign country, and that person is directly or indirectly
owned or controlled by that other person to the extent of 10
percent or more of its voting stock (in the case of an
incorporated enterprise) or an equivalent interest (in the case
of an unincorporated enterprise), and such term includes a
branch of that other person.
(3) Smokeless tobacco.--The term ``smokeless tobacco''
means any finely cut, ground, powdered, or leaf tobacco that is
intended to be placed in the oral cavity. | International Tobacco Responsibility Act of 1997 - Makes it unlawful to export to a foreign country cigarettes or smokeless tobacco products manufactured, imported, or packaged for distribution in the United States, unless in the country's primary language: (1) the package bears one of the specified warnings; and (2) the advertising bears one of the specified warnings. Authorizes the President to waive such prohibition if the importing country has similar or more stringent labeling or advertising requirements.
Sets forth penalties.
Prohibits the use of funds to: (1) affect restrictions imposed by foreign countries with respect to the sale of tobacco products; or (2) promote the export of such products in such country.
Requires any interagency committee established to assist the United States Trade Representative in performing certain functions to include Department of Health and Human Services representatives with respect to any case involving specified tobacco products.
Expresses the sense of the Congress that the President should urge the United Nations to create a UN Conference to address the use of tobacco worldwide and to implement regulations to decrease its use. | {"src": "billsum_train", "title": "International Tobacco Responsibility Act of 1997"} | 1,663 | 226 | 0.614991 | 1.832902 | 0.804045 | 3.458937 | 7.275362 | 0.879227 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting the
beaches in World War II in the Pacific and Europe, to the cold and
difficult terrain in Korea, the steamy jungles of Vietnam, and the
desert sands of the Middle East.
(2) All Americans should commemorate those who come home having
survived the ordeal of war, and solemnly honor those who made the
ultimate sacrifice in giving their lives for their country.
(3) All Americans should honor the millions of living disabled
veterans who carry the scars of war every day, and who have made
enormous personal sacrifices defending the principles of our
democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's living
disabled veterans by minting and issuing a commemorative silver
dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) Design.--The design of the coins minted under this Act
shall be emblematic of the service of our disabled veterans who,
having survived the ordeal of war, made enormous personal
sacrifices defending the principles of our democracy.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under
this Act.
(2) Use of the united states mint at west point, new york.--It
is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at West Point, New York,
to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per 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 paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the service of our disabled veterans who, having survived the ordeal of war, made enormous personal sacrifices defending the principles of our democracy.
Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.
Limits the period for coin issuance to the calendar year beginning on January 1, 2010.
Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.
Prohibits a surcharge with respect to the issuance under this Act of any coin during a calendar year if, at the time of issuance, it would result in more than the statuory maximum of two commemorative coin programs per year. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States."} | 1,383 | 225 | 0.584126 | 1.734815 | 0.768916 | 5.526882 | 6.698925 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Operations Forces Retention
Improvement Act of 2006''.
SEC. 2. INCLUSION OF SPECIFIED SPECIAL AND INCENTIVE PAYS IN
COMPUTATION OF MILITARY RETIRED PAY FOR MEMBERS OF THE
ARMED FORCES WITH A SPECIAL OPERATIONS FORCES
DESIGNATION.
(a) In General.--Chapter 71 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1415. Members with special operations forces designation:
increase in retired pay for receipt of certain special
pays
``(a) Increase in Retired Pay for Qualifying Members.--The retired
pay of a member who is a qualifying special operations forces member
and who retires on or after the date of the enactment of this section
shall be increased by the amount determined under subsection (b).
``(b) Computation of Increase.--
``(1) Sum of prorated monthly special pays.--The amount of
an increase in retired pay under this section for any member
shall be the sum of the amounts determined under paragraph (2)
for that member.
``(2) Pro rating of special pays.--For each covered monthly
special pay that the member received at any time while on
active duty, there shall be determined the amount that is equal
to the product of--
``(A) the monthly amount of such covered special
pay that the member received for the final month for
which the member received that special pay; and
``(B) the fraction in which--
``(i) the numerator is the number of months
for which the member received that special pay;
and
``(ii) the denominator is the total number
of months for which the member received basic
pay.
``(c) Covered Monthly Special Pays.--For purposes of this section,
the term `covered monthly special pay' means the following incentive
and special pays, each of which is paid on a monthly basis:
``(1) Incentive pay under section 301 of title 37, relating
to performance of hazardous duty required by orders.
``(2) Aviation career incentive pay under section 301a of
title 37.
``(3) Submarine duty incentive pay under section 301c of
title 37.
``(4) Special pay under section 304 of title 37, relating
to diving duty.
``(5) Special pay under section 305 of title 37, relating
to hardship duty.
``(6) Special pay under section 305a of title 37, relating
to career sea pay.
``(7) Special pay under section 305b of title 37, relating
to service as a member of a Weapons of Mass Destruction Civil
Support Team.
``(8) Special pay under section 306 of title 37, relating
to officers holding positions of unusual responsibility and of
a critical nature.
``(9) Special pay under section 307 of title 37, relating
to special duty assignments for enlisted members.
``(10) Special pay under section 310 of title 37, relating
to duty subject to hostile fire or imminent danger.
``(11) Special pay under section 314 of title 37, relating
to qualified members extending duty at designated overseas
locations.
``(12) Incentive pay under section 320 of title 37,
relating to career enlisted flyers.
``(13) Special pay under section 328 of title 37, relating
to combat-related injury rehabilitation.
``(d) Qualifying Special Operations Forces Members.--A member is a
qualifying special operations forces member for the purposes of this
section if the member has a special operations forces personnel
designation and--
``(1) the member was paid special pay for not fewer than 18
months under section 310 of title 37, relating to special pay
for duty subject to hostile fire or imminent danger; or
``(2) the member was assigned to duty in a special
operations forces duty assignment for not less than 60 months
(whether or not consecutive).
``(e) Treatment Under Other Provisions Relating to Retired Pay.--An
amount by which retired pay is increased under this section shall not
be considered to be retired pay--
``(1) for purposes of section 1408 of this title; or
``(2) for purposes of the Survivor Benefit Plan under
subchapter II of chapter 73 of this title.
``(f) Retainer Pay.--In this section, the term `retired pay'
includes retainer pay payable under section 6330 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1415. Members with special operations forces designation: increase
in retired pay for receipt of certain
special pays.''. | Special Operations Forces Retention Improvement Act of 2006 - Amends federal Armed Forces provisions to require the retired military pay of a qualified special operations forces member to be increased by the amount of specified special and incentive pays received by such member prior to retirement.
Requires the member, in order to qualify for such retired pay increase, to have been: (1) paid special pay for duty subject to hostile fire or imminent danger for no fewer than 18 months; and (2) assigned in a special operations forces duty assignment for not less than 60 months. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for the inclusion of certain special and incentive pays in the computation of military retired pay for members of the Armed Forces who have a special operations forces designation."} | 1,070 | 116 | 0.593236 | 1.445333 | 0.587407 | 3.495327 | 9.308411 | 0.897196 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening
Medicare And Repaying Taxpayers Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Expediting Secretarial determination of reimbursement amount to
improve program efficiency.
Sec. 3. Fiscal efficiency and revenue neutrality.
Sec. 4. Reporting requirement safe harbors.
Sec. 5. Use of social security numbers and other identifying
information in reporting.
Sec. 6. Statute of limitations.
SEC. 2. EXPEDITING SECRETARIAL DETERMINATION OF REIMBURSEMENT AMOUNT TO
IMPROVE PROGRAM EFFICIENCY.
Section 1862(b)(2)(B) of the Social Security Act (42 U.S.C.
1395y(b)(2)(B)) is amended by adding at the end the following new
clause:
``(vii) Timely notice of conditional
payment reimbursement.--
``(I) Request for conditional
payment statement.--In the case of a
payment made by the Secretary pursuant
to clause (i) for items and services
provided to the claimant, the claimant
or applicable plan (as defined in
paragraph (8)(F)) may at any time
beginning 120 days before the
reasonably expected date of a
settlement, judgment, award, or other
payment, notify the Secretary that a
payment is reasonably expected, and
request from the Secretary, in
accordance with regulations, a
statement of the conditional payment
reimbursement amount (in this clause
referred to as a `statement of
reimbursement amount') for any payments
subject to reimbursement required under
clause (ii). A claimant or applicable
plan may request a statement under this
subclause only once with respect to
such settlement, judgment, award, or
other payment.
``(II) Secretarial response.--
``(aa) In general.--Not
later than 65 days after the
date of receipt of a request
under subclause (I), the
Secretary shall respond to such
request with a statement of
reimbursement amount, which
shall constitute the
conditional payment subject to
recovery under clause (ii)
related to such settlement,
judgment, award or other
payment.
``(bb) Case of secretarial
failure.--Subject to subclause
(III), if the Secretary fails
to provide such a statement of
reimbursement amount for items
or services subject to
reimbursement required under
clause (ii) in accordance with
this subclause, the claimant,
applicable plan, or an entity
that receives payment from an
applicable plan shall provide
an additional notice to the
Secretary of such failure. If
the Secretary fails to provide
a statement of reimbursement
amount within 30 days of the
date of such additional notice,
the claimant, applicable plan,
and an entity that receives
payment from an applicable plan
shall not be liable for and
shall not be obligated to make
payment subject to this section
for any item or service related
to the request unless the
Secretary demonstrates (in
accordance with regulations)
that the failure was justified
due to exceptional
circumstances (as defined in
such regulations). Such
regulations shall define
exceptional circumstances in a
manner so that not more than 1
percent of the repayment
obligations under this
subclause would qualify as
exceptional circumstances.
``(III) Notice to secretary.--In
the event that a settlement, judgment,
award, or other payment does not occur
(or is no longer reasonably expected to
occur) within 120 days of the date of
an original request under subclause (I)
with respect to a settlement, judgment,
award, or other payment, the claimant
or the applicable plan shall timely
notify the Secretary, and the Secretary
shall be exempt from any obligation
under subclause (II) with respect to a
statement of reimbursement amount
relating to such settlement, judgment,
award, or other payment related to the
notice.
``(IV) Effective date.--The
Secretary shall promulgate final
regulations to carry out this clause
not later than 9 months after the date
of the enactment of this clause. Such
regulations shall require the
disclosure from a claimant or
applicable plan of no more than the
minimum amount of information necessary
for the Secretary to determine the
amount of conditional payment subject
to recovery under clause (ii) related
to such settlement, judgment, award, or
other payment, and may require partial
disclosure (but may not require full
disclosure) of social security numbers
or health identification claim numbers.
``(viii) Right of appeal.--The Secretary
shall promulgate regulations establishing a
right of appeal and appeals process, with
respect to any determination under this
subsection for a payment made under this title
for an item or service under a primary plan,
under which the applicable plan involved, or an
attorney, agent, or third party administrator
on behalf of such applicable plan, may appeal
such determination. Such right of appeal
shall--
``(I) include review through an
administrative law judge and
administrative review board, and access
to judicial review in the district
court of the United States for the
judicial district in which the
appellant is located (or, in the case
of an action brought jointly by more
than one applicant, the judicial
district in which the greatest number
of applicants are located) or in the
District Court for the District of
Columbia; and
``(II) be carried out in a manner
similar to the appeals procedure under
regulations for hearing procedures
respecting notices of determinations of
nonconformance of group health plans
under this subsection.''.
SEC. 3. FISCAL EFFICIENCY AND REVENUE NEUTRALITY.
(a) In General.--Section 1862(b) of the Social Security Act (42
U.S.C. 1395y(b)) is amended--
(1) in paragraph (2)(B)(ii), by striking ``A primary plan''
and inserting ``Subject to paragraph (9), a primary plan''; and
(2) by adding at the end the following new paragraph:
``(9) Exception.--
``(A) In general.--Clause (ii) of paragraph (2)(B)
and any reporting required by paragraph (8) shall not
apply with respect to any settlement, judgment, award,
or other payment by an applicable plan constituting a
total payment obligation to a claimant of not more than
the single threshold amount calculated by the Chief
Actuary of the Centers for Medicare & Medicaid Services
under subparagraph (B) for the year involved.
``(B) Annual computation of thresholds.--Not later
than November 15 before each year, the Chief Actuary of
the Centers for Medicare & Medicaid Services shall
calculate and publish a single threshold amount for
settlements, judgments, awards or other payments for
conditional payment obligations arising from each of
liability insurance (including self-insurance),
workers' compensation laws or plans, and no fault
insurance subject to this section for that year. Each
such annual single threshold amount for a year shall be
set such that the expected average amount to be
credited to the Medicare trust funds of collections of
conditional payments from such settlements, judgments,
awards, or other payments for each of liability
insurance (including self-insurance), workers'
compensation laws or plans, and no fault insurance
subject to this section shall equal the expected
average cost of collection incurred by the United
States (including payments made to contractors) for a
conditional payment from each of liability insurance
(including self-insurance), workers' compensation laws
or plans, and no fault insurance subject to this
section for the year. The Chief Actuary shall include,
as part of such publication for a year--
``(i) the expected average cost of
collection incurred by the United States
(including payments made to contractors) for a
conditional payment arising from each of
liability insurance (including self-insurance),
no fault insurance, and workers' compensation
laws or plans; and
``(ii) a summary of the methodology and
data used by such Chief Actuary in computing
the threshold amount and such average cost of
collection.
``(C) Treatment of ongoing expenses.--For purposes
of this paragraph and with respect to a settlement,
judgment, award, or other payment not otherwise
addressed in clause (ii) of paragraph (2)(B) involving
the ongoing responsibility for medical payments, such
payment shall include only the cumulative value of the
medical payments made and the purchase price of any
annuity or similar instrument.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to years beginning more than 4\1/2\ months after the date of the
enactment of this Act.
SEC. 4. REPORTING REQUIREMENT SAFE HARBORS.
Section 1862(b)(8) of the Social Security Act (42 U.S.C.
1395y(b)(8)) is amended--
(1) in the first sentence of subparagraph (E)(i), by
striking ``shall be subject'' and all that follows through the
end of the sentence and inserting the following: ``may be
subject to a civil money penalty of up to $1,000 for each day
of noncompliance. The severity of each such penalty shall be
based on the knowing, willful, and repeated nature of the
violation.''; and
(2) by adding at the end the following new subparagraph:
``(I) Establishment of safe
harbors.--Not later than 60 days after
the date of the enactment of this
subparagraph, the Secretary shall
publish a notice in the Federal
Register soliciting proposals, which
will be accepted during a 60-day
period, for the specification of
practices for which sanctions will not
be imposed under subparagraph (E),
including for good faith efforts to
identify a beneficiary pursuant to this
paragraph under an applicable entity
responsible for reporting information,
under which this paragraph will be
deemed to have complied with the
reporting requirements under this
paragraph and will not be subject to
such sanctions. After considering the
proposals so submitted, the Secretary,
in consultation with the Attorney
General, shall publish in the Federal
Register, including a 60-day period for
comment, proposed specified practices
for which such sanctions will not be
imposed. After considering any public
comments received during such period,
the Secretary shall issue final rules
specifying such practices.''.
SEC. 5. USE OF SOCIAL SECURITY NUMBERS AND OTHER IDENTIFYING
INFORMATION IN REPORTING.
Section 1862(b)(8)(B) of the Social Security Act (42 U.S.C.
1395y(b)(8)(B)) is amended by adding at the end (after and below clause
(ii)) the following: ``Not later than 1 year after the date of
enactment of this sentence, the Secretary shall modify the reporting
requirements under this paragraph so that an applicable plan in
complying with such requirements is permitted but not required to
access or report to the Secretary beneficiary social security account
numbers or health identification claim numbers.''.
SEC. 6. STATUTE OF LIMITATIONS.
(a) In General.--Section 1862(b) of the Social Security Act (42
U.S.C. 1395y(b)) is amended--
(1) in paragraph (2)(B)(iii), by adding at the end the
following new sentence: ``An action may not be brought by the
United States under this clause with respect to payment owed
unless the complaint is filed not later than 3 years after the
date of the receipt of notice of a settlement, judgment, award,
or other payment made pursuant to paragraph (8) relating to
such payment owed.''; and
(2) in paragraph (8)(E)(i), by adding at the end the
following new sentence: ``A civil money penalty may not be
imposed under this clause with respect to failure to submit
required information unless service of notice of intention to
impose the penalty is provided not later than 3 years after the
date by which the information was required to be submitted.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to actions brought and penalties sought on or after
6 months after the date of the enactment of this Act. | Strengthening Medicare And Repaying Taxpayers Act of 2011- Amends title XVIII (Medicare) of the Social Security Act with respect to any settlement, judgment, award, or other payment between a Medicare claimant and an applicable plan involving a payment made for items and services by the Secretary of Health and Human Services (HHS).
Declares that, in the case of a payment to the claimant by the Secretary, and beginning 120 days before the reasonably expected date of a settlement, judgment, award, or other payment, the claimant or applicable plan may at any time but only once: (1) notify the Secretary that a payment is reasonably expected, and (2) request a statement of the conditional payment reimbursement amount for any payments subject to the required reimbursement.
Requires the Secretary to respond to such a request, within 65 days after receiving it, with a statement of reimbursement amount.
Prescribes procedures for the claimant, an applicable plan, or specified related entities to follow if the Secretary fails to provide such a statement.
Specifies circumstances: (1) in which the claimant, an applicable plan, or specified related entities are shielded from liability for certain payments; and (2) in which the Secretary shall be exempt from any obligation for a statement of reimbursement.
Directs the Secretary to promulgate regulations establishing a right of appeal and appeals process, with respect to any determination for a payment made under such title for an item or service under a primary plan, under which the applicable plan involved, or an attorney, agent, or third party administrator on behalf of such applicable play, may appeal such determination.
Exempts a primary plan, and an entity receiving payment from a primary plan, from any obligation to reimburse the appropriate Trust Fund for a Medicare payment by the Secretary with respect to any settlement, judgment, award, or other payment by an applicable plan constituting a total payment obligation to a claimant of not more than the single threshold amount calculated by the Chief Actuary of the Centers for Medicare & Medicaid Services (CMS). Requires the Chief Actuary to calculate and publish the single threshold amount annually.
Makes discretionary rather than mandatory the current civil money penalty for an applicable plan's noncompliance with requirements to submit insurance information about a claimant. Requires the severity of each penalty to be based on the knowing, willful, and repeated nature of the violation.
Prescribes requirements for the specification of practices for which sanctions will not be imposed on a plan (safe harbors).
Directs the Secretary to modify insurance information reporting requirements so that a plan, in complying with them, is permitted but not required to access or report beneficiary Social Security account numbers or health identification claim numbers.
Sets a three-year statute of limitations on a Medicare secondary payer claim by the Secretary for reimbursement against an applicable plan that becomes a Medicare primary payer pursuant to a settlement, judgment, award, or other judicial action. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act with respect to the application of Medicare secondary payer rules for certain claims."} | 2,686 | 644 | 0.598324 | 2.083471 | 0.738142 | 4.063717 | 4.431858 | 0.920354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Equity Act of
2003''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) Guarantee.--
``(1) In general.--For each of fiscal years 2004 through
2009, the Secretary shall allocate among the States amounts
sufficient to ensure that the percentage for each State of the
total apportionments for the fiscal year for the National
Highway System under section 103(b), the high priority projects
program under section 117, the Interstate maintenance program
under section 119, the surface transportation program under
section 133, metropolitan planning under section 134, the
highway bridge replacement and rehabilitation program under
section 144, the congestion mitigation and air quality
improvement program under section 149, the recreational trails
program under section 206, the Appalachian development highway
system under subtitle IV of title 40, and the minimum guarantee
under this paragraph, equals or exceeds the percentage
determined for the State under paragraph (2).
``(2) State percentages.--
``(A) In general.--Except as provided in
subparagraph (B), the percentage for each State
referred to in paragraph (1) is the percentage that is
equal to 95 percent of the ratio that--
``(i) the estimated tax payments
attributable to highway users in the State paid
into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal
year for which data are available; bears to
``(ii) the estimated tax payments
attributable to highway users in all States
paid into the Highway Trust Fund (other than
the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) Exception.--In the case of a State having a
population density of less than 50 individuals per
square mile according to the 2000 decennial census, the
percentage referred to in paragraph (1) shall be the
greater of--
``(i) the percentage determined under
subparagraph (A); or
``(ii) the percentage specified in
subsection (e).
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in
subsection (a)(1) (other than the high priority projects
program, metropolitan planning, the recreational trails
program, the Appalachian development highway system, and the
minimum guarantee under subsection (a)) is equal to the product
obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1) (other than the high priority
projects program, metropolitan planning, the
recreational trails program, the Appalachian
development highway system, and the minimum
guarantee under subsection (a)) for a fiscal
year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2004 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2004 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(2) for the fiscal year
exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(2) that exceeds
100 percent.''; and
(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(2)(B)(ii) and (d)''. | Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile).
Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to increase the minimum allocation provided to States for use in carrying out certain highway programs."} | 1,255 | 255 | 0.736291 | 2.339273 | 0.937376 | 4.278261 | 5.030435 | 0.904348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Mariana Islands College
Access Act of 2009''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of the Northern Mariana Islands to have greater
choices among institutions of higher education.
SEC. 3. PUBLIC SCHOOL GRANTS.
(a) Grants.--
(1) In general.--From amounts appropriated under subsection
(i), the Governor shall award grants to eligible institutions
that enroll eligible students to pay the difference between the
tuition and fees charged for in-State students and the tuition
and fees charged for out-of-State students on behalf of each
eligible student enrolled in the eligible institution.
(2) Maximum student amounts.--The amount paid on behalf of
an eligible student under this section shall be--
(A) not more than $15,000 for any one award year
(as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $75,000 in the aggregate.
(3) Proration.--The Governor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (i) for any fiscal year are insufficient to award a
grant in the amount determined under subsection (a) on behalf
of each eligible student enrolled in an eligible institution,
then the Governor, in consultation with the Secretary of
Education, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
who has not received funds under this section for a
preceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students.
(2) Adjustments.--The Governor, in consultation with the
Secretary of Education, may adjust the amount of tuition and
fee payments made under paragraph (1) based on--
(A) the financial need of the eligible students to
avoid undue hardship to the eligible students; or
(B) undue administrative burdens on the Governor.
(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and need of eligible students.
(c) Definitions.--In this section:
(1) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public four-year institution of higher
education located in one of the several States, the
District of Columbia, Puerto Rico, or Guam;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with the Governor
containing such conditions as the Governor may specify,
including a requirement that the institution use the
funds made available under this section to supplement
and not supplant assistance that otherwise would be
provided to eligible students from the Northern Mariana
Islands.
(2) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the Northern Mariana Islands
for not less than the 12 consecutive months preceding
the commencement of the freshman year at an institution
of higher education;
(B) graduated from a secondary school in the
Northern Mariana Islands, or received the recognized
equivalent of a secondary school diploma while
domiciled in the Northern Mariana Islands, on or after
January 1, 2008;
(C) begins the individual's undergraduate course of
study within the three calendar years (excluding any
period of service on active duty in the Armed Forces,
or service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c)); and
(F) has not completed the individual's first
undergraduate baccalaureate course of study.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Governor.--The term ``Governor'' means the Governor of
the Commonwealth of the Northern Mariana Islands.
(5) Secondary school.--The term ``secondary school'' has
the meaning given that term under section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(d) Construction.--Nothing in this Act shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
(e) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
(f) Administration of Program.--
(1) In general.--The Governor shall carry out the program
under this section in consultation with the Secretary. The
Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section if the Governor determines that
doing so is a more efficient way of carrying out the program.
(2) Policies and procedures.--The Governor, in consultation
with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(3) Memorandum of agreement.--The Governor and the
Secretary shall enter into a Memorandum of Agreement that
describes--
(A) the manner in which the Governor shall consult
with the Secretary with respect to administering the
program under this section; and
(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program under this section (which
may include access to the information in the common
financial reporting form developed under section 483 of
the Higher Education Act of 1965 (20 U.S.C. 1090)).
(g) Governor's Report.--The Governor shall report to Congress
annually regarding--
(1) the number of eligible students attending each eligible
institution and the amount of the grant awards paid to those
institutions on behalf of the eligible students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students; and
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
(h) GAO Report.--Beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall monitor the
effect of the program assisted under this section on educational
opportunities for eligible students. The Comptroller General shall
analyze whether eligible students had difficulty gaining admission to
eligible institutions because of any preference afforded in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to Congress and the Governor. In
addition the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which Northern Mariana
Islands students can gain admission, including admission aided
by assistance provided under this Act, due to--
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
(C) absence of admission programs benefitting
minority students; and
(2) report the findings of the analysis described in
paragraph (1) and the assessment described in paragraph (2) to
Congress and the Governor.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Commonwealth of the Northern Mariana Islands to
carry out this section $15,000,000 for each of the fiscal years 2010
through 2015, and such sums as may be necessary for each of the
succeeding fiscal years. Such funds shall remain available until
expended.
(j) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2010.
SEC. 4. ASSISTANCE TO THE NORTHERN MARIANA COLLEGE.
(a) In General.--Subject to the availability of appropriations
under subsection (d), the Secretary of Education shall provide
financial assistance to the Northern Marianas College for each fiscal
year for which appropriations are made available under such subsection
to enable the College to carry out activities authorized under this
section.
(b) Subgrant Required.--From the financial assistance provided
under subsection (a), the President and Board of Regents of Northern
Marianas College shall award a grant to an eligible institution of
higher education to plan and implement a vocational training program at
Northern Marianas College.
(c) Program Requirements.--The vocational training program
established under subsection (b)--
(1) shall award certificates of completion in areas that
include--
(A) food preparation, food and beverage services,
and the culinary arts;
(B) hospitality management;
(C) carpentry;
(D) electrical skills;
(E) plumbing; and
(F) other construction skills; and
(2) may use funds for--
(A) personnel hiring and relocation;
(B) faculty and staff salaries;
(C) rental of office, classroom, storage, and
administrative space;
(D) rental or purchase of furniture, equipment,
supplies, and materials directly related to classroom
use;
(E) rental or purchase of furniture, equipment,
supplies, and materials directly related to faculty or
administrative use; and
(F) climate control of facilities, and operation
and maintenance of facilities and equipment.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commonwealth of the Northern Mariana Islands to
carry out this section $2,000,000 for each of the fiscal years 2010
through 2015.
SEC. 5. GENERAL REQUIREMENTS.
(a) Personnel.--The Secretary of Education shall arrange for the
assignment of an individual, pursuant to subchapter VI of chapter 33 of
title 5, United States Code, to serve as an adviser to the Governor
with respect to the programs assisted under this Act.
(b) Administrative Expenses.--The Governor may use not more than 5
percent of the funds made available for a program under section 3 for a
fiscal year to pay the administrative expenses of a program under
section 3 for the fiscal year.
(c) Inspector General Review.--Each of the programs assisted under
this Act shall be subject to audit and other review by the Inspector
General of the Department of Education in the same manner as programs
are audited and reviewed under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Gifts.--The Governor may accept, use, and dispose of donations
of services or property for purposes of carrying out this Act.
(e) Maximum Student Amount Adjustments.--The Governor shall
establish rules to adjust the maximum student amounts described in
section 3(a)(2)(B) for eligible students described in section 3(c)(2)
who transfer between the eligible institutions described in section
3(c)(1)(A). | Northern Mariana Islands College Access Act of 2009 - Directs the Governor of the Northern Mariana Islands to use federal funds authorized by this Act to award grants to public four-year institutions of higher education (IHEs) located in the states, the District of Columbia, Puerto Rico, or Guam to cover the difference between the in-state and out-of-state tuition and fees for students who have: (1) been domiciled in the Northern Mariana Islands for at least the 12 months preceding their enrollment in the IHE; and (2) received on or after January 1, 2008, a secondary school diploma or its equivalent while domiciled there.
Requires the Comptroller General to monitor the progam's effectiveness in expanding educational opportunities for such students.
Directs the Secretary of Education to provide financial assistance to Northern Marianas College so it can award a subgrant to an IHE to plan and implement a vocational training program at the College that awards certificates of completion in areas that include: (1) food preparation, services, and the culinary arts; (2) hospitality management; (3) carpentry; (4) electrical skills; (5) plumbing; and (6) other construction skills. | {"src": "billsum_train", "title": "To establish a program that enables college-bound residents of the Northern Mariana Islands to have greater choices among institutions of higher education, and for other purposes."} | 2,662 | 247 | 0.52179 | 1.535232 | 0.688279 | 3.294372 | 10.718615 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Watershed Forestry
Program Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) trees and forests are critical to the long-term health
and proper ecological functioning of the Chesapeake Bay and the
Chesapeake Bay watershed;
(2) the Chesapeake Bay States are losing forest land to
urban and suburban growth at a rate of nearly 100 acres per
day;
(3) the Forest Service has a vital role to play in
assisting States, local governments, and nonprofit
organizations in carrying out forest conservation, restoration,
and stewardship projects and activities; and
(4) existing programs do not ensure the support necessary
to meet Chesapeake Bay forest goals.
(b) Purposes.--The purposes of this Act are--
(1) to expand and strengthen cooperative efforts to
protect, restore, and manage forests in the Chesapeake Bay
watershed; and
(2) to contribute to the achievement of the goals of the
Chesapeake Bay Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chesapeake bay agreement.--The term ``Chesapeake Bay
Agreement'' means the formal, voluntary agreements--
(A) executed to achieve the goal of restoring and
protecting the Chesapeake Bay ecosystem and the living
resources of the Chesapeake Bay ecosystem; and
(B) signed by the Council.
(2) Chesapeake bay state.--The term ``Chesapeake Bay
State'' means each of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia and the
District of Columbia.
(3) Coordinator.--The term ``Coordinator'' means the
Coordinator of the program designated under section 4(b)(1)(B).
(4) Council.--The term ``Council'' means the Chesapeake Bay
Executive Council.
(5) Program.--The term ``program'' means the Chesapeake Bay
watershed forestry program carried out under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service
and the Coordinator.
SEC. 4. CHESAPEAKE BAY WATERSHED FORESTRY PROGRAM.
(a) In General.--The Secretary shall carry out a Chesapeake Bay
watershed forestry program under which the Secretary shall make grants
and provide technical assistance to eligible entities to restore and
conserve forests in the Chesapeake Bay watershed, including grants and
assistance--
(1) to promote forest conservation, restoration, and
stewardship efforts in urban, suburban, and rural areas of the
Chesapeake Bay watershed;
(2) to accelerate the restoration of riparian forest
buffers in the Chesapeake Bay watershed;
(3) to assist in developing and carrying out projects and
partnerships in the Chesapeake Bay watershed;
(4) to promote the protection and sustainable management of
forests in the Chesapeake Bay watershed;
(5) to develop communication and education resources that
enhance public understanding of the value of forests in the
Chesapeake Bay watershed;
(6) to conduct research, assessment, and planning
activities to restore and protect forest land in the Chesapeake
Bay watershed; and
(7) to contribute to the achievement of the goals of the
Chesapeake Bay Agreement.
(b) Office; Coordinator.--
(1) In general.--The Secretary shall--
(A) maintain an office within the Forest Service to
carry out the program; and
(B) designate an employee of the Forest Service as
Coordinator of the program.
(2) Duties.--As part of the program, the Coordinator, in
cooperation with the Secretary and the Chesapeake Bay Program,
shall--
(A) provide grants and technical assistance to
restore and protect forests in the Chesapeake Bay
watershed;
(B) enter into partnerships to carry out forest
restoration and conservation activities at a watershed
scale using the resources and programs of the Forest
Service;
(C) in collaboration with other units of the Forest
Service, other Federal agencies, and State forestry
agencies, carry out activities that contribute to the
goals of the Chesapeake Bay Agreement;
(D) work with units of the National Forest System
in the Chesapeake Bay watershed to ensure that the
units are managed in a manner that--
(i) protects water quality; and
(ii) sustains watershed health;
(E) represent the Forest Service in deliberations
of the Chesapeake Bay Program; and
(F) support and collaborate with the Forestry Work
Group for the Chesapeake Bay Program in planning and
implementing program activities.
(c) Eligible Entities.--To be eligible to receive assistance under
the program, an entity shall be--
(1) a Chesapeake Bay State;
(2) a political subdivision of a Chesapeake Bay State;
(3) a university or other institution of higher education;
(4) an organization operating in the Chesapeake Bay
watershed that is described in section 501(c) of the Internal
Revenue Code of 1986 and is exempt from taxation under section
501(a) of that Code; or
(5) any other person in the Chesapeake Bay watershed that
the Secretary determines to be eligible.
(d) Grants.--
(1) In general.--The Secretary shall make grants to
eligible entities under the program to carry out projects to
protect, restore, and manage forests in the Chesapeake Bay
watershed.
(2) Federal share.--The Federal share of a grant made under
the program shall not exceed 75 percent, as determined by the
Secretary.
(3) Types of projects.--The Secretary may make a grant to
an eligible entity for a project in the Chesapeake Bay
watershed that--
(A) improves habitat and water quality through the
establishment, protection, or stewardship of riparian
or wetland forests or stream corridors;
(B) builds the capacity of State forestry agencies
and local organizations to implement forest
conservation, restoration, and stewardship actions;
(C) develops and implements watershed management
plans that--
(i) address forest conservation needs; and
(ii) reduce urban and suburban runoff;
(D) provides outreach and assistance to private
landowners and communities to restore or conserve
forests in the watershed;
(E) implements communication, education, or
technology transfer programs that broaden public
understanding of the value of trees and forests in
sustaining and restoring the Chesapeake Bay watershed;
(F) coordinates and implements community-based
watershed partnerships and initiatives that--
(i) focus on--
(I) the expansion of the urban tree
canopy; and
(II) the restoration or protection
of forest land; or
(ii) integrate the delivery of Forest
Service programs for restoring or protecting
watersheds;
(G) provides enhanced forest resource data to
support watershed management;
(H) enhances upland forest health to reduce risks
to watershed function and water quality; or
(I) conducts inventory assessment or monitoring
activities to measure environmental change associated
with projects carried out under the program.
(4) Chesapeake bay watershed foresters.--Funds made
available under section 6 may be used by a Chesapeake Bay State
to employ a State watershed forester to work with the
Coordinator to carry out activities and watershed projects
relating to the program.
(e) Study.--
(1) In general.--The Secretary, in consultation with the
Council, shall conduct a study of urban and rural forests in
the Chesapeake Bay watershed, including--
(A) an evaluation of the state, and threats to the
sustainability, of forests in the Chesapeake Bay
watershed;
(B) an assessment of forest loss and fragmentation
in the Chesapeake Bay watershed;
(C) an identification of forest land within the
Chesapeake Bay watershed that should be restored or
protected; and
(D) recommendations for expanded and targeted
actions or programs needed to achieve the goals of the
Chesapeake Bay Agreement.
(2) Report.--Not later than 1 year after amounts are first
made available under section 6, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the study.
SEC. 5. WATERSHED FORESTRY RESEARCH PROGRAM.
(a) In General.--The Secretary, in cooperation with the Council,
shall establish a watershed forestry research program for the
Chesapeake Bay watershed.
(b) Administration.--In carrying out the watershed forestry
research program established under subsection (a), the Secretary
shall--
(1) use a combination of applied research, modeling,
demonstration projects, implementation guidance, strategies for
adaptive management, training, and education to meet the needs
of the residents of the Chesapeake Bay States for managing
forests in urban, developing, and rural areas;
(2) solicit input from local managers and Federal, State,
and private researchers, with respect to air and water quality,
social and economic implications, environmental change, and
other Chesapeake Bay watershed forestry issues in urban and
rural areas;
(3) collaborate with the Chesapeake Bay Program Scientific
and Technical Advisory Committee and universities in the
Chesapeake Bay States to--
(A) address issues in the Chesapeake Bay Agreement;
and
(B) support modeling and informational needs of the
Chesapeake Bay program; and
(4) manage activities of the watershed forestry research
program in partnership with the Coordinator.
(c) Watershed Forestry Research Strategy.--Not later than 1 year
after the date of enactment of this Act, the Secretary, in
collaboration with the Northeastern Forest Research Station and the
Southern Forest Research Station, shall submit to Congress a strategy
for research to address Chesapeake Bay watershed goals, including
recommendations for implementation and leadership of the program.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the program
$3,500,000 for each of fiscal years 2006 through 2012, of which--
(1) not more than $500,000 shall be used to conduct the
study required under section 4(e); and
(2) not more than $1,000,000 for any fiscal year shall be
used to carry out the watershed forestry research program under
section 5.
SEC. 7. REPORT.
Not later than December 31, 2007, and annually thereafter, the
Secretary shall submit to Congress a comprehensive report that
describes the costs, accomplishments, and outcomes of the activities
carried out under the program. | Chesapeake Bay Watershed Forestry Program Act of 2005 - Directs the Secretary of Agriculture, through the Forest Service and the program Coordinator, to carry out a Chesapeake Bay watershed forestry program under which the Secretary shall make grants and provide technical assistance to eligible entities to restore and conserve forests in the Chesapeake Bay watershed, including grants and assistance to: (1) promote forest conservation, restoration, and stewardship efforts; (2) accelerate the restoration of riparian forest buffers; (3) assist in developing and carrying out projects and partnerships; (4) promote the protection and sustainable management of forests; (5) develop public communication and education resources; (6) conduct forest research, assessment, and planning activities; and (7) contribute to the achievement Chesapeake Bay Agreement goals.
Directs the Secretary to designate a Forest Service employee as program Coordinator. Sets forth the Coordinator's responsibilities.
Defines an eligible entity as: (1) a Chesapeake Bay state (Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia), or a political subdivision thereof; (2) a university or other institution of higher education; (3) a tax-exempt organization operating in the Chesapeake Bay watershed; or (4) any other person in the Chesapeake Bay watershed determined by the Secretary as eligible.
Directs the Secretary to: (1) make grants (75% federal maximum) to such entities to carry out specified program projects; (2) conduct a study of urban and rural forests in the Chesapeake Bay watershed; and (3) establish a watershed forestry research program for the Chesapeake Bay watershed.
Authorizes the use of funds under this Act to employ a state watershed forester to work with the Coordinator. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture to establish a program to expand and strengthen cooperative efforts to restore and protect forests in the Chesapeake Bay watershed, and for other purposes."} | 2,384 | 389 | 0.736676 | 2.130284 | 0.814353 | 4.556213 | 6.221893 | 0.952663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Low Emissions Energy
Plan 2020 Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) President Obama has stated a goal of deploying
1,000,000 plug-in hybrid and electric vehicles by 2015;
(2) the United States needs to develop--
(A) the electric recharging infrastructure to fuel
those vehicles; and
(B) uniform standards and protocols for deployment
and integration of recharging infrastructure to serve
commercial vehicles as well as consumer vehicles; and
(3) plug-in hybrid and electric vehicles offer a number of
benefits, including emissions reductions, decreasing dependence
on imported oil, and advanced energy storage for the electric
grid.
SEC. 3. DEFINITIONS.
In this Act:
(1) Plan.--The term ``Plan'' means the national
transportation low emissions energy plan developed under
section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation, acting in coordination with the Secretary of
Energy and the Administrator of the Environmental Protection
Agency.
SEC. 4. NATIONAL TRANSPORTATION LOW EMISSIONS ENERGY PLAN.
(a) In General.--The Secretary shall establish a stakeholder-driven
process to develop, not later than 18 months after the date of
enactment of this Act, a national transportation low emissions energy
plan.
(b) Requirements.--The Plan shall--
(1) project the near- and long-term need for and location
of electric drive vehicle refueling infrastructure at strategic
locations across all major national highways, roads, and
corridors;
(2) identify infrastructure and standardization needs for
electricity providers, infrastructure providers, vehicle
manufacturers, and electricity purchasers; and
(3) establish an aspirational goal of achieving strategic
deployment of electric vehicle infrastructure by 2020.
(c) Stakeholders.--In developing the Plan, the Secretary shall
involve, on a voluntary basis, stakeholders that include--
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of--
(A) energy utilities;
(B) the vehicles industry;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry; and
(G) highway rest stop vendors; and
(4) such other stakeholders as the Secretary may determine
to be necessary.
(d) Public Charge Access Ports.--The Plan shall--
(1) prioritize the development of--
(A) standardized public charge access ports with
wireless or smart card billing capability; and
(B) level I and level II charge port systems (that
charge an electric vehicle over a period of 8 to 14
hours and 4 to 8 hours, respectively) that will meet
the energy requirements of the majority of plug-in
hybrid and battery electric vehicles;
(2) examine the feasibility of level III charge port
systems that can charge an electric vehicle over a period of 10
to 20 minutes; and
(3) focus on infrastructure that provides consumers with
the lowest cost while providing convenient charge system
access.
(e) LEEP Coordinator.--The Secretary may designate 1 full-time
position within the Department of Transportation to be known as the
``LEEP coordinator'' with responsibility to oversee--
(1) the development of the Plan; and
(2) the implementation of the regional pilot projects under
section 5.
SEC. 5. PILOT PROJECTS.
(a) In General.--The Secretary may establish 4 pilot projects to
demonstrate electric drive vehicles and infrastructure--
(1) in rural locations; and
(2) in commercial use.
(b) Requirements.--The Secretary shall--
(1) establish the pilot projects after the publication of
the Plan;
(2) use the Plan to determine which regions of the United
States are most ready to demonstrate electric vehicle
infrastructure;
(3) carry out the pilot projects in different regions of
the United States; and
(4) ensure that--
(A) at least 1 pilot project is carried out in a
rural region of the United States; and
(B) at least 1 pilot project is focused on freight
issues.
(c) Financial Resources.--In carrying out the regional pilot
projects, the Secretary shall coordinate the use of appropriate
financial incentives, grant programs, and other Federal financial
resources to ensure that electric infrastructure delivery entities are
able to participate in the regional pilot projects.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as are necessary--
(1) to develop the Plan;
(2) to pay the salary and expenses of the LEEP coordinator
described in section 4(e); and
(3) to carry out the regional pilot projects under section
5. | Transportation Low Emissions Energy Plan 2020 Act - Directs the Secretary of Transportation (DOT), in coordination with the Secretary of Energy (DOE) and the Administrator of the Environmental Protection Agency (EPA), to establish a stakeholder-driven process to develop a national transportation low emissions energy plan.
Requires such plan to: (1) project the near- and long-term need for and location of electric drive vehicle refueling infrastructure at strategic locations across all major national highways, roads, and corridors; (2) identify infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, and electricity purchasers; (3) establish a goal of achieving strategic deployment of electric vehicle infrastructure by 2020; (4) prioritize the development of standardized public charge access ports with wireless or smart card billing capability and level I and level II charge port systems (that charge an electric vehicle over a period of 8 to 14 hours and 4 to 8 hours, respectively) that will meet the energy requirements of the majority of plug-in hybrid and battery electric vehicles; (5) examine the feasibility of level III charge port systems that can charge over a period of 10 to 20 minutes; and (6) focus on infrastructure that provides consumers with the lowest cost while providing convenient charge system access.
Authorizes the Secretary to: (1) designate within DOT a LEEP coordinator to oversee Plan development and the implementation of regional pilot projects; and (2) establish four pilot projects to demonstrate electric drive vehicles and infrastructure in rural locations and in commercial use. | {"src": "billsum_train", "title": "A bill to require the Secretary of Transportation to develop a national transportation low emissions energy plan."} | 998 | 313 | 0.684837 | 2.113799 | 0.881457 | 6.0301 | 3.311037 | 0.966555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to
saving children and healing families, nationally headquartered
in the village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'',
was founded on December 12, 1917, by Servant of God Father
Edward Flanagan;
(3) Boys Town was created to serve children of all races
and religions;
(4) news of Father Flanagan's work spread worldwide with
the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father
Flanagan to take his message to the world, and he traveled the
globe visiting war orphans and advising government leaders on
how to care for displaced children;
(6) Boys Town has grown exponentially, and now provides
care to children and families across the country in 11 regions,
including California, Nevada, Texas, Nebraska, Iowa, Louisiana,
North Florida, Central Florida, South Florida, Washington, DC,
New York, and New England;
(7) the Boys Town National Hotline provides counseling to
more than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research into Usher
Syndrome;
(9) each year, Boys Town programs impact the lives of more
than 2,000,000 children and families across America; and
(10) December 12th, 2017, will mark the 100th Anniversary
of Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall mint and issue not more than
350,000 $1 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of one of the largest nonprofit
child care agencies in the United States, Boys Town.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Executive Director of Boys Town and the Commission of Fine
Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per 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 paid to Boys Town, which funds
will be made available to promote and provide for the cause of Boys
Town, to care and assist children and families in underserved
communities across America.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of Father Flanagan's Boys Town as may be related to the
expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin programs issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection. | Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins to commemorate the centennial of the founding of Father Flanagan's Boys Town.
Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States.
Permits issuance of such coins only between January 1, 2017, and December 31, 2018.
Requires all such coin sales to include a surcharge of $10 per coin.
Requires all surcharges received by the Secretary from coin sales to be paid to Boys Town to: (1) promote and provide for the cause of Boys Town, and (2) care and assist children and families in underserved communities across America. | {"src": "billsum_train", "title": "A bill to authorize the minting of a coin in honor of the Centennial of Boys Town, and for other purposes."} | 1,364 | 171 | 0.645095 | 2.153492 | 0.862067 | 4.509934 | 8.251656 | 0.933775 |
SECTION 1. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY GROUP ACTIVITY,
WINTER HARBOR, MAINE.
(a) Transfer of Jurisdiction of Schoodic Point Property
Authorized.--(1) The Secretary of the Navy may transfer, without
consideration, to the Secretary of the Interior administrative
jurisdiction of a parcel of real property, including any improvements
thereon and appurtenances thereto, consisting of approximately 26 acres
as generally depicted as Tract 15-116 on the map entitled ``Acadia
National Park Schoodic Point Area'', numbered 123/80,418 and dated May
2001. The map shall be on file and available for inspection in the
appropriate offices of the National Park Service.
(2) The transfer authorized by this subsection shall occur, if at
all, concurrently with the reversion of administrative jurisdiction of
a parcel of real property consisting of approximately 71 acres, as
depicted as Tract 15-115 on the map referred to in paragraph (1), from
the Secretary of the Navy to the Secretary of the Interior as
authorized by Public Law 80-260 (61 Stat. 519) and to be executed on or
about June 30, 2002.
(b) Conveyance of Corea and Winter Harbor Properties Authorized.--
The Secretary of the Navy may convey, without consideration, to the
State of Maine, any political subdivision of the State of Maine, or any
tax-supported agency in the State of Maine, all right, title, and
interest of the United States in and to any of the parcels of real
property, including any improvements thereon and appurtenances thereto,
consisting of approximately 485 acres and comprising the former
facilities of the Naval Security Group Activity, Winter Harbor, Maine,
located in Hancock County, Maine, except for the real property
described in subsection (a)(1).
(c) Transfer of Personal Property.--The Secretary of the Navy shall
transfer, without consideration, to the Secretary of the Interior in
the case of the real property transferred under subsection (a), or to
any recipient of such real property in the case of real property
conveyed under subsection (b), any or all personal property associated
with such real property so transferred or conveyed, including--
(1) the ambulances and any fire trucks or other
firefighting equipment; and
(2) any personal property required to continue the
maintenance of the infrastructure of such real property,
including the generators and an uninterrupted power supply in
building 154 at the Corea site.
(d) Maintenance of Property Pending Conveyance.--The Secretary of
the Navy shall maintain any real property, including any improvements
thereon, appurtenances thereto, and supporting infrastructure, to be
conveyed under subsection (b) in accordance with the protection and
maintenance standards specified in section 101-47.4913 of title 41,
Code of Federal Regulations, until the earlier of--
(1) the date of the conveyance of such real property under
subsection (b); or
(2) September 30, 2003.
(e) Interim Lease.--(1) Until such time as any parcel of real
property to be conveyed under subsection (b) is conveyed by deed under
that subsection, the Secretary of the Navy may lease such parcel to any
person or entity determined by the Secretary to be an appropriate
lessee of such parcel.
(2) The amount of rent for a lease under paragraph (1) shall be the
amount determined by the Secretary to be appropriate, and may be an
amount less than the fair market value of the lease.
(3) Notwithstanding any other provision of law, the Secretary shall
credit any amount received for a lease of real property under paragraph
(1) to the appropriation or account providing funds for the operation
and maintenance of such property or for the procurement of utility
services for such property. Amounts so credited shall be merged with
funds in the appropriation or account to which credited, and shall be
available for the same purposes, and subject to the same conditions and
limitations, as the funds with which merged.
(f) Reimbursement for Environmental and Other Assessments.--(1) The
Secretary of the Navy may require each recipient of real property
conveyed under subsection (b) to reimburse the Secretary for the costs
incurred by the Secretary for any environmental assessment, study, or
analysis carried out by the Secretary with respect to such property
before completing the conveyance under that subsection.
(2) The amount of any reimbursement required under paragraph (1)
shall be determined by the Secretary, but may not exceed the cost of
the assessment, study, or analysis for which reimbursement is required.
(3) Section 2695(c) of title 10, United States Code, shall apply to
any amount received by the Secretary under this subsection.
(g) Description of Property.--The exact acreage and legal
description of the real property transferred under subsection (a), and
each parcel of real property conveyed under subsection (b), shall be
determined by a survey satisfactory to the Secretary of the Navy. The
cost of any survey under the preceding sentence for real property
conveyed under subsection (b) shall be borne by the recipient of the
real property.
(h) Additional Terms and Conditions.--The Secretary of the Navy may
require such additional terms and conditions in connection with any
conveyance under subsection (b), and any lease under subsection (e), as
the Secretary considers appropriate to protect the interests of the
United States.
SEC. 2. TRANSFER OF FUNDS TO DEPARTMENT OF THE INTERIOR.
The Secretary of Defense shall transfer to the Secretary of the
Interior amounts as follows:
(1) $5,000,000 for purposes of capital investments for the
development of a research and education center at Acadia
National Park, Maine.
(2) $1,400,000 for purposes of operation and maintenance
activities at Acadia National Park, Maine.
SEC. 3. FINANCIAL ASSISTANCE.
(a) Grant Assistance for Town of Winter Harbor.--(1) The Secretary
of the Navy shall, by grant, provide financial assistance to the Town
of Winter Harbor, Maine (in this subsection referred to as the
``Town''), in each of fiscal years 2002, 2003, and 2004, for the
purpose of reimbursing the Town for costs incurred in making
improvements to the water and sewer systems of the Town for the benefit
of the Naval Security Group Activity, Winter Harbor, Maine, located in
Hancock County, Maine.
(2) The amount of the grant under paragraph (1) in fiscal year 2002
shall be $68,000.
(3) The amount of the grant under paragraph (1) in each of fiscal
years 2003 and 2004 shall be the amount, not to exceed $68,000, jointly
determined by the Secretary and the Town to be appropriate to reimburse
the Town as described in that paragraph in the applicable fiscal year.
(b) Grant Assistance for School Administrative District.--(1) The
Secretary shall, by grant, provide financial assistance to the School
Administrative District (SAD) operating Sumner High School, Sullivan,
Maine.
(2) The purpose of the grant is to offset the loss of impact aid
under title VIII of the Elementary and Secondary Education Act of 1965
that the local educational agency experienced for fiscal years 2000 and
2001 as a result of the closure of the Naval Security Group Activity,
Winter Harbor, Maine.
(3) The amount of the grant under paragraph (1) shall be $86,000.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Transfers of Funds to Department of Interior.--There is hereby
authorized to be appropriated for the Department of Defense for fiscal
year 2002, $6,400,000 for purposes of the transfers of funds required
by section 2.
(b) Grants.--There is hereby authorized to be appropriated for the
Department of the Navy for purposes of the grants required by section
3, amounts as follows:
(1) For fiscal year 2002, $154,000.
(2) For each of fiscal years 2003 and 2004, such amounts as
may be necessary.
(c) Supplement Not Supplant.--The amounts authorized to be
appropriated by this section for the Department of Defense, or for the
Department of the Navy, for a fiscal year are in addition to any other
amounts authorized to be appropriated for such Department for such
fiscal year under any other provision of law.
(d) Availability.--Amounts authorized to be appropriated by this
section for a fiscal year shall remain available until expended,
without fiscal year limitation. | Authorizes the Secretary of the Navy to transfer to: (1) the Secretary of the Interior administrative jurisdiction over specified property at the Naval Security Group Activity, Winter Harbor, Maine concurrently with the reversion of administrative jurisdiction over other specified property from the Secretary of the Navy to the Secretary of the Interior; and (2) the State of Maine, or any political subdivision or tax-supported agency therein, the former facilities of such Security Group Activity, except for the property transferred above. Requires the Secretary to maintain the facilities to be transferred until the earlier of the date of transfer or September 30, 2003. Authorizes the Secretary to lease such property to any appropriate entity in the interim. Requires reimbursement to the Secretary for the costs of any environmental assessment, study, or analysis.Directs the Secretary of Defense to transfer to the Secretary of the Interior specified amounts for: (1) the development of a research and education center at Acadia National Park, Maine; and (2) operation and maintenance activities there.Directs the Secretary of the Navy to provide financial assistance to Winter Harbor in each of FY 2002 through 2004 as reimbursement for costs incurred in making water and sewage system improvements for the benefit of the Group Activity there. | {"src": "billsum_train", "title": "A bill to authorize the transfer and conveyance of real property at the Naval Security Group Activity, Winter Harbor, Maine, and for other purposes."} | 1,776 | 249 | 0.583702 | 1.884661 | 0.916109 | 3.860759 | 7.223629 | 0.932489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mitigation Facilitation Act of
2015''.
SEC. 2. MITIGATION LOAN AND LOAN GUARANTEE PROGRAM.
(a) Definitions.--In this section:
(1) Eligible public entity.--The term ``eligible public
entity'' means a political subdivision of a State, including--
(A) a duly established town, township, or county;
(B) an entity established for the purpose of
regional governance;
(C) a special purpose entity; and
(D) a joint powers authority, or other entity
certified by the Governor of a State, to have authority
to implement a mitigation project required by the
Secretary under a permit required by section 404 of the
Federal Water Pollution Control Act (33 U.S.C. 1344).
(2) Program.--The term ``program'' means the mitigation
loan and loan guarantee program established by the Secretary
under subsection (b)(1).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(b) Loan and Loan Guarantee Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a
program to provide loans and loan guarantees to eligible public
entities to enable the eligible public entities--
(A) to purchase credits from mitigation banks or
in-lieu fee programs; or
(B) to acquire interests in real property that are
acquired pursuant to a mitigation project required by
the Secretary under a permit required by section 404 of
the Federal Water Pollution Control Act (33 U.S.C.
1344).
(2) Application; approval process.--
(A) Application.--
(i) In general.--To be eligible to receive
a loan or loan guarantee under the program, an
eligible public entity shall submit to the
Secretary an application at such time, in such
form and manner, and including such information
as the Secretary may require.
(ii) Solicitation of applications.--On a
rolling basis, the Secretary shall accept from
eligible public entities applications for loans
and loan guarantees in accordance with this
section.
(B) Approval by secretary.--
(i) In general.--Not later than 120 days
after receipt of an application under
subparagraph (A), the Secretary shall approve
or disapprove the application.
(ii) Factors.--In approving or disapproving
an application of an eligible public entity
under clause (i), the Secretary may consider--
(I) whether the financial plan of
the eligible public entity for use of
the loan or loan guarantee is in
compliance with any requirements set
forth in the applicable permit;
(II) whether the eligible public
entity has the ability to repay a loan
or meet the terms of a loan guarantee
under the program; and
(III) any other factor that the
Secretary determines to be appropriate.
(C) Administration of loans and loan guarantees.--
As soon as practicable after the date on which the
Secretary approves an application under subparagraph
(B), the Secretary shall--
(i) establish the loan or loan guarantee
with respect to the eligible public entity that
is the subject of the application (including
such terms and conditions as the Secretary may
prescribe); and
(ii) carry out the administration of the
loan or loan guarantee.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary.
(d) Termination of Authority.--The authority under this section
shall terminate on the date that is 10 years after the date of
enactment of this Act. | Mitigation Facilitation Act of 2015 This bill requires the U.S. Army Corps of Engineers to establish a mitigation loan and loan guarantee program to enable political subdivisions of states to: (1) purchase credits from mitigation banks or in-lieu fee programs, or (2) acquire interests in property that are acquired pursuant to a mitigation project required by the Corps of Engineers under a Clean Water Act permit to discharge dredged or fill material into waters of the United States. Mitigation banks and in-lieu fee programs are designed to compensate for lost functions of waters of the United States resulting from activities under those permits. The authority provided by the bill expires in 10 years. | {"src": "billsum_train", "title": "Mitigation Facilitation Act of 2015"} | 827 | 146 | 0.594293 | 1.839211 | 0.65078 | 2.460317 | 5.896825 | 0.761905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Highway Borders and Trade
Act of 2003''.
SEC. 2. COORDINATED BORDER INFRASTRUCTURE PROGRAM.
Subchapter I of chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. Coordinated border infrastructure program
``(a) Definitions.--In this section:
``(1) Border region.--The term `border region' means the
portion of a border State that is located within 100 kilometers
of a land border crossing with Canada or Mexico.
``(2) Border state.--The term `border State' means any
State that has a boundary in common with Canada or Mexico.
``(3) Commercial vehicle.--The term `commercial vehicle'
means a vehicle that is used for the primary purpose of
transporting cargo in international or interstate commercial
trade.
``(4) Passenger vehicle.--The term `passenger vehicle'
means a vehicle that is used for the primary purpose of
transporting individuals.
``(b) Program.--The Secretary shall establish and implement a
coordinated border infrastructure program under which the Secretary
shall make allocations to border States for projects within a border
region to improve the efficient and safe movement of people and goods
at or across the border between the United States and Canada and the
border between the United States and Mexico.
``(c) Eligible Uses.--Allocations to States under this section may
only be used in a border region for--
``(1) improvements to transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
``(2) construction of highways and related safety and
safety enforcement facilities that will facilitate vehicle and
cargo movements relating to international trade, including
cargo inspection facilities and equipment;
``(3) operational improvements, including improvements
relating to electronic data interchange and use of
telecommunications, to expedite cross-border vehicle and cargo
movement;
``(4) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross-border vehicle and cargo movements;
``(5) projects in Canada or Mexico proposed by 1 or more
border States that directly and predominantly facilitate cross-
border vehicle and commercial cargo movements at the
international gateways or ports of entry into a border region;
and
``(6) planning and environmental studies.
``(d) Mandatory Program.--
``(1) In general.--For each fiscal year, the Secretary
shall allocate among border States, in accordance with the
formula described in paragraph (2), funds to be used in
accordance with subsection (c).
``(2) Formula.--Subject to paragraph (3), the amount
allocated to a border State under this subsection shall be
determined by the Secretary, as follows:
``(A) 25 percent in the ratio that--
``(i) the average annual weight of all
cargo entering the border State by commercial
vehicle across the international border with
Canada or Mexico, as the case may be; bears to
``(ii) the average annual weight of all
cargo entering all border States by commercial
vehicle across the international borders with
Canada and Mexico.
``(B) 25 percent in the ratio that--
``(i) the average trade value of all cargo
imported into the border State and all cargo
exported from the border State by commercial
vehicle across the international border with
Canada or Mexico, as the case may be; bears to
``(ii) the average trade value of all cargo
imported into all border States and all cargo
exported from all border States by commercial
vehicle across the international borders with
Canada and Mexico.
``(C) 25 percent in the ratio that--
``(i) the number of commercial vehicles
annually entering the border State across the
international border with Canada or Mexico, as
the case may be; bears to
``(ii) the number of all commercial
vehicles annually entering all border States
across the international borders with Canada
and Mexico.
``(D) 25 percent in the ratio that--
``(i) the number of passenger vehicles
annually entering the border State across the
international border with Canada or Mexico, as
the case may be; bears to
``(ii) the number of all commercial
vehicles annually entering all border States
across the international borders with Canada
and Mexico.
``(3) Data source.--
``(A) In general.--The data used by the Secretary
in making allocations under this subsection shall be
based on the Bureau of Transportation Statistics
Transborder Surface Freight Dataset (or other similar
database).
``(B) Basis of calculation.--All formula
calculations shall be made using the average values for
the most recent 5-year period for which data are
available.
``(4) Minimum allocation.--Notwithstanding subparagraph
(B), for each fiscal year, each border State shall receive at
least \1/2\ of 1 percent of the funds made available for
allocation under this subsection for the fiscal year.
``(e) Cost Sharing.--The Federal share of the cost of a project
carried out using funds allocated under this section shall not exceed
80 percent.
``(f) Transfer of Funds to the Administrator of General Services.--
``(1) In general.--At the request of a State, funds
allocated to the State under this section shall be transferred
to the Administrator of General Services for the purpose of
funding a project under the administrative jurisdiction of the
Administrator in a border State if the Secretary determines,
after consultation with the State transportation department, as
appropriate, that--
``(A) the Administrator should carry out the
project; and
``(B) the Administrator agrees to use the funds to
carry out the project.
``(2) No augmentation of appropriations.--Funds transferred
under paragraph (1) shall not be deemed to be an augmentation
of the amount of appropriations made to the General Services
Administration.
``(3) Administration.--Funds transferred under paragraph
(1) shall be administered in accordance with the procedures
applicable to the General Services Administration, except that
the funds shall be available for obligation in the same manner
as other funds apportioned under this chapter.
``(4) Transfer of obligation authority.--Obligation
authority shall be transferred to the Administrator of General
Services in the same manner and amount as funds are transferred
for a project under paragraph (1).
``(g) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $200,000,000
for each of fiscal years 2004 through 2009.
``(2) Obligation authority.--Funds made available to carry
out this section shall be available for obligation as if the
funds were apportioned in accordance with section 104.
``(3) Exclusion from calculation of minimum guarantee.--The
Secretary shall calculate the amounts to be allocated among the
States under section 105 without regard to amounts made
available to the States under this subsection.''.
SEC. 3. NATIONAL TRADE CORRIDOR PROGRAM.
Subchapter I of chapter 1 of title 23, United States Code, is
further amended by adding at the end the following:
``Sec. 166. National trade corridor program
``(a) Definition of Intermodal Road Connector.--In this section,
the term `intermodal road connector' means a connector highway that
provides motor vehicle access between a route on the National Highway
System and 1 or more major intermodal water port facilities at least 1
of which accepts at least 50,000 20-foot equivalent units of container
traffic (or 200,000 tons of container or noncontainer traffic) per year
of international trade or trade between Alaska or Hawaii and the 48
contiguous States.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a program
to allocate funds to States to be used for coordinated
planning, design, and construction of corridors of national
significance.
``(2) Applications.--A State that seeks to receive an
allocation under this section shall submit to the Secretary an
application in such form, and containing such information, as
the Secretary may request.
``(c) Eligibility of Corridors.--The Secretary may make allocations
under this section with respect to--
``(1) a high priority corridor in a State--
``(A) that is identified in section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 2031); and
``(B) any part of which is located in a border
region (as defined in section 165(a)); and
``(2) an intermodal road connector.
``(d) Eligible Uses of Funds.--A State may use an allocation under
this section to carry out, for an eligible corridor described in
subsection (c)--
``(1) a feasibility study;
``(2) a comprehensive corridor planning and design
activity;
``(3) a location and routing study;
``(4) multistate and intrastate coordination for each
corridor;
``(5) environmental review; and
``(6) construction.
``(e) Allocation Formula.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall allocate funds among States under this section in
accordance with a formula determined by the Secretary after
taking into consideration, with respect to the applicable
corridor in the State--
``(A) the average annual weight of freight
transported on the corridor;
``(B) the percentage by which freight traffic
increased, during the most recent 5-year period for
which data are available, on the corridor; and
``(C) the annual average number of tractor-trailer
trucks that use the corridor to access other States.
``(2) Maximum allocation.--Not more than 10 percent of the
funds made available for a fiscal year for allocation under
this section may be allocated to any State for the fiscal year.
``(f) Coordination of Planning.--Planning with respect to a
corridor for which an allocation is made under this section shall be
coordinated with--
``(1) transportation planning being carried out by the
States and metropolitan planning organizations along the
corridor; and
``(2) to the extent appropriate, transportation planning
being carried out by--
``(A) Federal land management agencies;
``(B) tribal governments; and
``(C) government agencies in Mexico or Canada.
``(g) Cost Sharing.--The Federal share of the cost of a project
carried out using funds allocated under this section shall not exceed
80 percent.
``(h) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section $200,000,000
for each of fiscal years 2004 through 2009.
``(2) Obligation authority.--Funds made available to carry
out this section shall be available for obligation as if the
funds were apportioned in accordance with section 104.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 1101(a) of the Transportation Equity Act for the 21st
Century (112 Stat. 111) is amended by striking paragraph (9) and
inserting the following:
``(9) Coordinated border infrastructure program and
national trade corridor program.--For the coordinated border
infrastructure program and national trade corridor program
under sections 165 and 166, respectively, of title 23, United
States Code, $400,000,000 for each of fiscal years 2004 through
2009.''.
(b) Sections 1118 and 1119 of the Transportation Equity Act for the
21st Century (112 Stat. 161) are repealed.
(c) The analysis for subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after the item relating to section
164 the following:
``165. Coordinated border infrastructure program.
``166. National trade corridor program.''. | National Highway Borders and Trade Act of 2003 - Directs the Secretary of Transportation to establish and implement a coordinated border infrastructure program under which the Secretary shall make allocations to border States (i.e., States with a common boundary with Canada or Mexico) for projects within a border region (the portion of a border State located within 100 kilometers of a land border crossing with Canada or Mexico) to improve the efficient and safe movement of people and goods at or across the U.S.-Canadian and U.S.-Mexican borders.
Permits allocations to States to be used in a border region only for specified: (1) improvements to transportation and supporting infrastructure that facilitate cross-border vehicle and cargo movement; (2) construction of highways and related safety and safety enforcement facilities; (3) operational improvements; (4) international coordination of planning, programming, and border operation; (5) projects in Canada or Mexico proposed by border States that directly and predominantly facilitate cross-border vehicle and commercial cargo movements; and (6) planning and environmental studies.
Directs the Secretary to allocate among border States funds based on a formula which takes into consideration the average annual weight of cargo entering a border State by commercial vehicles across the international borders and the average trade value of all cargo imported and exported. Sets the Federal cost share of projects under this Act at 80 percent.
Directs the Secretary to carry out a program to allocate funds to States for coordinated planning, design, and construction of corridors of national significance. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to establish programs to facilitate international and interstate trade."} | 2,603 | 315 | 0.713627 | 1.96107 | 0.878189 | 5.097902 | 8.77972 | 0.965035 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardsmen and Reservists Financial
Relief Act of 2005''.
SEC. 2. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR INDIVIDUALS
CALLED TO ACTIVE DUTY FOR AT LEAST 179 DAYS.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to 10-percent additional tax on early
distributions from qualified retirement plans) is amended by adding at
the end the following new subparagraph:
``(G) Distributions from retirement plans to
individuals called to active duty.--
``(i) In general.--Any qualified reservist
distribution.
``(ii) Amount distributed may be repaid.--
Any individual who receives a qualified
reservist distribution may, at any time during
the 2-year period beginning on the day after
the end of the active duty period, make one or
more contributions to an individual retirement
plan of such individual in an aggregate amount
not to exceed the amount of such distribution.
The dollar limitations otherwise applicable to
contributions to individual retirement plans
shall not apply to any contribution made
pursuant to the preceding sentence. No
deduction shall be allowed for any contribution
pursuant to this clause.
``(iii) Qualified reservist distribution.--
For purposes of this subparagraph, the term
`qualified reservist distribution' means any
distribution to an individual if--
``(I) such distribution is from an
individual retirement plan, or from
amounts attributable to employer
contributions made pursuant to elective
deferrals described in subparagraph (A)
or (C) of section 402(g)(3) or section
501(c)(18)(D)(iii),
``(II) such individual was (by
reason of being a member of a reserve
component (as defined in section 101 of
title 37, United States Code)), ordered
or called to active duty for a period
in excess of 179 days or for an
indefinite period, and
``(III) such distribution is made
during the period beginning on the date
of such order or call and ending at the
close of the active duty period.
``(iv) Application of subparagraph.--This
subparagraph applies to individuals ordered or
called to active duty after September 11, 2001,
and before September 12, 2007. In no event
shall the 2-year period referred to in clause
(ii) end before the date which is 2-years after
the date of the enactment of this
subparagraph.''.
(b) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (III), by striking
``and'' at the end of subclause (IV) and inserting ``or'', and
by inserting after subclause (IV) the following new subclause:
``(V) the date on which a period
referred to in section
72(t)(2)(G)(iii)(III) begins, and''.
(2) Section 403(b)(7)(A)(ii) of such Code is amended by
inserting ``unless such amount is a distribution to which
section 72(t)(2)(G) applies or'' after ``distributee''.
(3) Section 403(b)(11) of such Code is amended by striking
``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by
inserting after subparagraph (B) the following new
subparagraph:
``(C) for distributions to which section
72(t)(2)(G) applies.''.
(c) Effective Date; Waiver of Limitations.--
(1) Effective date.--The amendment made by this section
shall apply to distributions after September 11, 2001.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period. | Guardsmen and Reservists Financial Relief Act of 2005 - Amends the Internal Revenue Code to exempt from the ten percent penalty on early distributions from tax-exempt retirement plans, withdrawals made by military reservists or national guardsmen called to active duty for a period in excess of 179 days or for an indefinite period. Permits reimbursement of such withdrawals within two years after the end of the active duty period. Applies the provisions of this Act to individuals ordered or called to active duty after September 11, 2001, and before September 12, 2007, for retirement plan distributions made after September 11, 2001. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from retirement plans during the period that a military reservist or national guardsman is called to active duty for an extended period, and for other purposes."} | 1,016 | 136 | 0.617288 | 1.558344 | 0.639016 | 4.0625 | 7.589286 | 0.901786 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Microloan
Amendments and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MICROLOAN
Sec. 101. Transmission of credit reporting information.
Sec. 102. Flexible credit.
Sec. 103. Intermediary eligibility requirements.
Sec. 104. Average loan size.
Sec. 105. Technical assistance.
Sec. 106. Entrepreneurs with disabilities.
TITLE II--PRIME
Sec. 201. Short title.
Sec. 202. PRIME.
Sec. 203. Conforming repeal.
TITLE I--MICROLOAN
SEC. 101. TRANSMISSION OF CREDIT REPORTING INFORMATION.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended by adding at the end the following:
``(14) Credit reporting information.--The Administrator
shall establish a process, for use by a lender making a loan to
a borrower under this subsection, under which the lender
provides to the major credit reporting agencies the information
about the borrower that is relevant to credit reporting, such
as the payment activity of the borrower on the loan.''.
SEC. 102. FLEXIBLE CREDIT.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended, in each of paragraphs (1)(B)(i) and (11)(B), by striking
``short-term,''.
SEC. 103. INTERMEDIARY ELIGIBILITY REQUIREMENTS.
Section 7(m)(2) of the Small Business Act (15 U.S.C. 636(m)(2)) is
amended--
(1) in subparagraph (A) by striking ``paragraph (10)'' and
inserting ``paragraph (11)''; and
(2) by amending subparagraph (B) to read as follows:
``(B) has--
``(i) at least--
``(I) 1 year of experience making
microloans to startup, newly
established, or growing small business
concerns; or
``(II) 1 full-time employee who has
not less than 3 years experience making
microloans to startup, newly
established, or growing small business
concerns; and
``(ii) at least 1 year of experience
providing, as an integral part of its microloan
program, intensive marketing, management, and
technical assistance to its borrowers.''.
SEC. 104. AVERAGE LOAN SIZE.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended by striking ``$7,500'' and inserting ``$10,000'' in each of the
following places: paragraph (3)(F)(iii), paragraph (6)(C)(i), and
paragraph (6)(C)(ii).
SEC. 105. TECHNICAL ASSISTANCE.
Section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
636(m)(4)(E)) is amended as follows:
(1) Pre-loan.--Clause (i) is amended by striking ``25
percent'' and inserting ``35 percent''.
(2) Third party contracts.--Clause (ii) is amended by
striking ``25 percent'' and inserting ``35 percent''.
SEC. 106. ENTREPRENEURS WITH DISABILITIES.
Section 7(m)(1)(A)(i) of the Small Business Act (15 U.S.C.
636(m)(1)(A)(i)) is amended by inserting ``disabled,'' before ``and
minority entrepreneurs''.
TITLE II--PRIME
SEC. 201. SHORT TITLE.
This title may be cited as the ``Program for Investment in
Microentrepreneurs Act'' or the ``PRIME Act''.
SEC. 202. PRIME.
The Small Business Act is amended--
(1) by redesignating section 37 as 99; and
(2) by inserting after section 36 the following:
``SEC. 37. PRIME PROGRAM.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Capacity building services.--The term `capacity
building services' means services provided to an organization
that is, or that is in the process of becoming, a
microenterprise development organization or program, for the
purpose of enhancing its ability to provide training and
services to disadvantaged entrepreneurs.
``(2) Disadvantaged entrepreneur.--The term `disadvantaged
entrepreneur' means a microentrepreneur that is--
``(A) a very low-income person;
``(B) a low-income person; or
``(C) an entrepreneur that lacks adequate access to
capital or other resources essential for business
success, or is economically disadvantaged, as
determined by the Administrator.
``(3) Collaborative.--The term `collaborative' means 2 or
more nonprofit entities that agree to act jointly as a
qualified organization under this section.
``(4) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, pueblo, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation, as defined in or established pursuant to
the Alaska Native Claims Settlement Act, which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(5) Intermediary.--The term `intermediary' means a
private, nonprofit entity that seeks to serve microenterprise
development organizations and programs as authorized under
subsection (d).
``(6) Low-income person.--The term `low-income person'
means a person having an income, adjusted for family size, of
not more than--
``(A) for metropolitan areas, 80 percent of the
area median income; and
``(B) for nonmetropolitan areas, the greater of--
``(i) 80 percent of the area median income;
or
``(ii) 80 percent of the statewide
nonmetropolitan area median income.
``(7) Microentrepreneur.--The term `microentrepreneur'
means the owner or developer of a microenterprise.
``(8) Microenterprise.--The term `microenterprise' means a
sole proprietorship, partnership, or corporation that--
``(A) has fewer than 5 employees; and
``(B) generally lacks access to conventional loans,
equity, or other banking services.
``(9) Microenterprise development organization or
program.--The term `microenterprise development organization or
program' means a nonprofit entity, or a program administered by
such an entity, including community development corporations or
other nonprofit development organizations and social service
organizations, that provides services to disadvantaged
entrepreneurs.
``(10) Poverty line.--The term `poverty line' means the
official poverty line defined by the Office of Management and
Budget based on the most recent data available from the Bureau
of the Census. The Administrator shall revise annually (or at
any shorter interval the Administrator determines to be
feasible and desirable) the poverty line. The required revision
shall be accomplished by multiplying the official poverty line
by the percentage change in the Consumer Price Index for All
Urban Consumers during the annual or other interval immediately
preceding the time at which the revision is made.
``(11) Training and technical assistance.--The term
`training and technical assistance' means services and support
provided to disadvantaged entrepreneurs, such as assistance for
the purpose of enhancing business planning, marketing,
management, financial management skills, and assistance for the
purpose of accessing financial services.
``(12) Very low-income person.--The term `very low-income
person' means having an income, adjusted for family size, of
not more than 150 percent of the poverty line.
``(b) Establishment of Program.--The Administrator shall establish
a microenterprise technical assistance and capacity building grant
program to provide assistance from the Administration in the form of
grants to qualified organizations in accordance with this section.
``(c) Uses of Assistance.--A qualified organization shall use
grants made under this section--
``(1) to provide training and technical assistance to
disadvantaged entrepreneurs;
``(2) to provide training and capacity building services to
microenterprise development organizations and programs and
groups of such organizations to assist such organizations and
programs in developing microenterprise training and services;
``(3) to aid in researching and developing the best
practices in the field of microenterprise and technical
assistance programs for disadvantaged entrepreneurs; and
``(4) for such other activities as the Administrator
determines are consistent with the purposes of this section.
``(d) Qualified Organizations.--For purposes of eligibility for
assistance under this section, a qualified organization shall be--
``(1) a nonprofit microenterprise development organization
or program (or a group or collaborative thereof) that has a
demonstrated record of delivering microenterprise services to
disadvantaged entrepreneurs;
``(2) an intermediary;
``(3) a microenterprise development organization or program
that is accountable to a local community, working in
conjunction with a State or local government or Indian tribe;
or
``(4) an Indian tribe acting on its own, if the Indian
tribe can certify that no private organization or program
referred to in this paragraph exists within its jurisdiction.
``(e) Allocation of Assistance; Subgrants.--
``(1) Allocation of assistance.--
``(A) In general.--The Administrator shall allocate
assistance from the Administration under this section
to ensure that--
``(i) activities described in subsection
(c)(1) are funded using not less than 75
percent of amounts made available for such
assistance; and
``(ii) activities described in subsection
(c)(2) are funded using not less than 15
percent of amounts made available for such
assistance.
``(B) Limit on individual assistance.--No single
person may receive more than 10 percent of the total
funds appropriated under this section in a single
fiscal year.
``(2) Targeted assistance.--The Administrator shall ensure
that not less than 50 percent of the grants made under this
section are used to benefit very low-income persons, including
those residing on Indian reservations.
``(3) Subgrants authorized.--
``(A) In general.--A qualified organization
receiving assistance under this section may provide
grants using that assistance to qualified small and
emerging microenterprise organizations and programs,
subject to such rules and regulations as the
Administrator determines to be appropriate.
``(B) Limit on administrative expenses.--Not more
than 7.5 percent of assistance received by a qualified
organization under this section may be used for
administrative expenses in connection with the making
of subgrants under subparagraph (A).
``(4) Diversity.--In making grants under this section, the
Administrator shall ensure that grant recipients include both
large and small microenterprise organizations, serving urban,
rural, and Indian tribal communities serving diverse
populations.
``(5) Prohibition on preferential consideration of certain
sba program participants.--In making grants under this section,
the Administrator shall ensure that any application made by a
qualified organization that is a participant in the program
established under section 7(m) does not receive preferential
consideration over applications from other qualified
organizations that are not participants in such program.
``(f) Matching Requirements.--
``(1) In general.--Financial assistance under this section
shall be matched with funds from sources other than the Federal
Government on the basis of not less than 50 percent of each
dollar provided by the Administration.
``(2) Sources of matching funds.--Fees, grants, gifts,
funds from loan sources, and in-kind resources of a grant
recipient from public or private sources may be used to comply
with the matching requirement in paragraph (1).
``(3) Exception.--
``(A) In general.--In the case of an applicant for
assistance under this section with severe constraints
on available sources of matching funds, the
Administrator may reduce or eliminate the matching
requirement in paragraph (1).
``(B) Limitation.--Not more than 10 percent of the
total funds made available from the Administration in
any fiscal year to carry out this section may be
excepted from the matching requirement in paragraph
(1), as authorized by subparagraph (A).
``(g) Applications for Assistance.--An application for assistance
under this section shall be submitted in such form and in accordance
with such procedures as the Administrator shall establish.
``(h) Recordkeeping.--
``(1) In general.--A qualified organization receiving
assistance from the Administration under this section shall
keep such records, for such periods as may be prescribed by the
Administrator and necessary to disclose the manner in which any
assistance under this section is used and to demonstrate
compliance with the requirements of this section.
``(2) User profile information.--The Administrator shall
require each qualified organization receiving assistance from
the Administration under this section to compile such data, as
is determined to be appropriate by the Administrator, on the
gender, race, ethnicity, national origin, or other pertinent
information concerning individuals that utilize the services of
the assisted organization to ensure that targeted populations
and low-income residents of investment areas are adequately
served.
``(3) Access to records.--The Administrator shall have
access on demand, for the purpose of determining compliance
with this section, to any records of a qualified organization
that receives assistance from the Administration under this
section.
``(4) Review.--Not less than annually, the Administrator
shall review the progress of each assisted organization in
carrying out its strategic plan, meeting its performance goals,
and satisfying the terms and conditions of its assistance
agreement.
``(5) Reporting.--
``(A) Annual reports.--The Administrator shall
require each qualified organization receiving
assistance from the Administration under this section
to submit an annual report to the Administrator on its
activities, its financial condition, and its success in
meeting performance goals, in satisfying the terms and
conditions of its assistance agreement, and in
complying with other requirements of this section, in
such form and manner as the Administrator shall
specify.
``(B) Availability of reports.--The Administrator,
after deleting or redacting any material as appropriate
to protect privacy or proprietary interests, shall make
such reports submitted under subparagraph (A) available
for public inspection.
``(i) Implementation.--The Administrator shall, by regulation,
establish such requirements as may be necessary to carry out this
section.''.
SEC. 203. CONFORMING REPEAL.
Subtitle C (15 U.S.C. 6901 et seq.) of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994 is
repealed.
Passed the House of Representatives September 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Jorge E. Sorensen,
Deputy Clerk. | Microloan Amendments and Modernization Act - Title I: Microloan - (Sec. 101) Amends the Small Business Act with regard to the Microloan program (a program administered by the Small Business Administration [SBA] to provide small-scale loans to startup, newly established, or growing small businesses for working capital or the acquisition of materials, supplies, or equipment) to require the SBA Administrator to establish a process under which a lender provides to the major credit reporting agencies information about the borrower that is relevant to credit reporting (such as loan payment activity).
(Sec. 102) Removes the requirement that Microloan loans be short-term only.
(Sec. 103) Requires Microloan loan intermediaries to have one full-time employee who has at least three years experience making microloans.
(Sec. 104) Increases from $7,500 to $10,000 the limit for loans made to intermediaries that will receive a reduced interest rate.
(Sec. 105) Increases from 25% to 35% of grant funds received by Microloan intermediaries the amount that may be used to provide information and technical assistance to small businesses that are prospective borrowers.
(Sec. 106) Includes disabled entrepreneurs and small business owners under the Microloan program.
Title II: PRIME - Program for Investment in Microentrepreneurs Act or PRIME Act - (Sec. 202) Directs the Administrator to establish a technical assistance and capacity building grant program to provide assistance to microenterprises (small businesses with fewer than five employees and generally lacking access to conventional loans, equity, or other banking services) through grants to qualified microenterprise development organizations. Requires the Administrator to ensure that at least 50% of the grants made are used to benefit very low-income persons, including those residing on Indian reservations. Provides a 50% matching funds requirement, with an exception for applicants with severe constraints on available sources of matching funds. Outlines recordkeeping requirements for organizations receiving grants. Requires such organizations to report annually to the Administrator on its activities, financial condition, and success in meeting performance goals.
(Sec. 203) Repeals provisions of the Riegle Community Development and Regulatory Improvement Act of 1994 which established a Program for Investment in Microentrepreneurs (PRIME). | {"src": "billsum_train", "title": "To amend the Small Business Act to improve the Microloan program, and for other purposes."} | 3,407 | 512 | 0.674615 | 2.354778 | 0.732856 | 2.794811 | 7.132075 | 0.889151 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia-Hercegovina Self-Defense Act
of 1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) On July 10, 1991, the United States adopted a policy
suspending all licenses and other approvals to export or
otherwise transfer defense articles and defense services to
Yugoslavia.
(2) On September 25, 1991, the United Nations Security
Council adopted Resolution 713, which imposed a mandatory
international embargo on all deliveries of weapons and military
equipment to Yugoslavia.
(3) The United States considered the policy adopted July
10, 1991, to comply fully with Resolution 713 and therefore
took no additional action in response to that resolution.
(4) On January 8, 1992, the United Nations Security Council
adopted Resolution 727, which decided that the mandatory arms
embargo imposed by Resolution 713 should apply to any
independent states that might thereafter emerge on the
territory of Yugoslavia.
(5) On February 29 and March 1, 1992, the people of Bosnia-
Hercegovina voted in a referendum to declare independence from
Yugoslavia.
(6) On April 7, 1992, the United States recognized the
Government of Bosnia-Hercegovina.
(7) On May 22, 1992, the Government of Bosnia-Hercegovina
was admitted to full membership in the United Nations.
(8) Consistent with Resolution 727, the United States has
continued to apply the policy adopted July 10, 1991, to
independent states that have emerged on the territory of the
former Yugoslavia, including Bosnia-Hercegovina.
(9) Subsequent to the adoption of Resolution 727 and
Bosnia-Hercegovina's independence referendum, the siege of
Sarajevo began and fighting spread to other areas of Bosnia-
Hercegovina.
(10) The Government of Serbia intervened directly in the
fighting by providing significant military, financial, and
political support and direction to Serbian-allied irregular
forces in Bosnia-Hercegovina.
(11) In statements dated May 1 and May 12, 1992, the
Conference on Security and Cooperation in Europe declared that
the Government of Serbia and the Serbian-controlled Yugoslav
National Army were committing aggression against the Government
of Bosnia-Hercegovina and assigned to them prime responsibility
for the escalation of bloodshed and destruction.
(12) On May 30, 1992, the United Nations Security Council
adopted Resolution 757, which condemned the Government of
Serbia for its continued failure to respect the territorial
integrity of Bosnia-Hercegovina.
(13) Serbian-allied irregular forces have, over the last
year, occupied approximately 70 percent of the territory of
Bosnia-Hercegovina, committed gross violations of human rights
in the areas they have occupied, and established a secessionist
government committed to eventual unification with Serbia.
(14) The military and other support and direction provided
to Serbian-allied irregular forces in Bosnia-Hercegovina
constitutes an armed attack on the Government of Bosnia-
Hercegovina by the Government of Serbia within the meaning of
Article 51 of the United Nations Charter.
(15) Under Article 51, the Government of Bosnia-
Hercegovina, as a member of the United Nations, has an inherent
right of individual or collective self-defense against the
armed attack from the Government of Serbia until the United
Nations Security Council has taken measures necessary to
maintain international peace and security.
(16) The measures taken by the United Nations Security
Council in response to the armed attack on Bosnia-Hercegovina
have not been adequate to maintain international peace and
security.
(17) Bosnia-Hercegovina has been unable successfully to
resist the armed attack from Serbia because it lacks the means
to counter heavy weaponry that Serbia obtained from the
Yugoslav National Army upon the dissolution of Yugoslavia, and
because the mandatory international arms embargo has prevented
Bosnia-Hercegovina from obtaining from other countries the
means to counter such heavy weaponry.
(18) On December 18, 1992, with the affirmative vote of the
United States, the United Nations General Assembly adopted
Resolution 47/121, which urged the United Nations Security
Council to exempt Bosnia-Hercegovina from the mandatory arms
embargo imposed by Resolution 713.
(19) In the absence of adequate measures to maintain
international peace and security, continued application to the
Government of Bosnia-Hercegovina of the mandatory international
arms embargo imposed by the United Nations Security Council
prior to the armed attack on Bosnia-Hercegovina undermines that
government's right of individual or collective self-defense and
therefore contravenes Article 51 of the United Nations Charter.
(20) Bosnia-Hercegovina's right of self-defense under
Article 51 of the United Nations Charter includes the right to
ask for military assistance from other countries and to receive
such assistance if offered.
SEC. 3. UNITED STATES ARMS EMBARGO OF THE GOVERNMENT OF BOSNIA-
HERCEGOVINA.
(a) Termination.--The President shall terminate the United States
arms embargo of the Government of Bosnia-Hercegovina upon receipt from
that government of a request for assistance in exercising its right of
self-defense under Article 51 of the United Nations Charter.
(b) Definition.--As used in this section, the term ``United States
arms embargo of the Government of Bosnia-Hercegovina'' means the
application to the Government of Bosnia-Hercegovina of--
(1) the policy adopted July 10, 1991, and published in the
Federal Register of July 19, 1991 (58 Fed. Reg. 33322) under
the heading ``Suspension of Munitions Export Licenses to
Yugoslavia''; and
(2) any similar policy being applied by the United States
Government as of the date of receipt of the request described
in subsection (a) pursuant to which approval is routinely
denied for transfers of defense articles and defense services
to the former Yugoslavia.
SEC. 4. UNITED STATES MILITARY ASSISTANCE FOR BOSNIA-HERCEGOVINA.
(a) Policy.--The President should provide appropriate military
assistance to the Government of Bosnia-Hercegovina upon receipt from
that government of a request for assistance in exercising its right of
self-defense under Article 51 of the United Nations Charter.
(b) Authorization of Military Assistance.--
(1) Drawdown authority.--If the Government of Bosnia-
Hercegovina requests United States assistance in exercising its
right of self-defense under Article 51 of the United Nations
Charter, the President is authorized to direct the drawdown of
defense articles from the stocks of the Department of Defense,
defense services of the Department of Defense, and military
education and training in order to provide assistance to the
Government of Bosnia-Hercegovina. Such assistance shall be
provided on such terms and conditions as the President may
determine.
(2) Limitation on value of transfers.--The aggregate value
(as defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, and military
education and training provided under this subsection may not
exceed $200,000,000.
(3) Expiration of authorization.--The authority provided to
the President in paragraph (1) expires at the end of fiscal
year 1994.
(4) Limitation on activities.--Members of the United States
Armed Forces who perform defense services or provide military
education and training outside the United States under this
subsection may not perform any duties of a combatant nature,
including any duties related to training and advising that may
engage them in combat activities.
(5) Reports to congress.--Within 60 days after any exercise
of the authority of paragraph (1) and every 60 days thereafter,
the President shall report in writing to the Speaker of the
House of Representatives and the President pro tempore of the
Senate concerning the defense articles, defense services, and
military education and training being provided and the use made
of such articles, services, and education and training.
(6) Reimbursement.--(A) Defense articles, defense services,
and military education and training provided under this
subsection shall be made available without reimbursement to the
Department of Defense except to the extent that funds are
appropriated pursuant to subparagraph (B).
(B) There are authorized to be appropriated to the
President such sums as may be necessary to reimburse the
applicable appropriation, fund, or account for the value (as
defined in section 664(m) of the Foreign Assistance Act of
1961) of defense articles, defense services, or military
education and training provided under this subsection. | Bosnia-Hercegovina Self-Defense Act of 1993 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia-Hercegovina upon receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter.
Authorizes the President to direct the drawdown of defense articles and services and military education and training to provide assistance to Bosnia-Hercegovina if it makes such request. Limits the amount of such assistance. Bars members of the U.S. armed forces who provide such assistance from performing combatant duties outside of the United States.
Authorizes appropriations. | {"src": "billsum_train", "title": "Bosnia-Hercegovina Self-Defense Act of 1993"} | 1,873 | 148 | 0.49261 | 1.457592 | 0.531573 | 3.73913 | 14.756522 | 0.886957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Courts, Public
Defender Service, and Court Services and Offender Supervision Agency
Act of 2014''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Authorization To Collect Debts and Erroneous Payments From
Employees.--
(1) In general.--Chapter 17 of title 11, District of
Columbia Official Code, is amended by adding at the end of
subchapter II the following new section:
``Sec. 11-1733. Collection, compromise, and waiver of employee debts
and erroneous payments
``(a) Collection of Debts and Erroneous Payments Made to
Employees.--
``(1) Authority to collect.--If the Executive Officer
determines that an employee or former employee of the District
of Columbia Courts is indebted to the District of Columbia
Courts because of an erroneous payment made to or on behalf of
the employee, or any other debt, the Executive Officer may
collect the amount of the indebtedness in accordance with this
subsection.
``(2) Timing of collection.--Any debt authorized to be
collected under this subsection may be collected in monthly
installments or at officially established regular pay period
intervals, by deduction in reasonable amounts from the current
pay of the employee.
``(3) Source of deductions.--Deductions described in
paragraph (2) may be made from any wages, salary, compensation,
remuneration for services, or other authorized pay, including
but not limited to incentive pay, back pay, and lump sum leave
payments, but not including retirement pay.
``(4) Limit on amount.--The amount deducted with respect to
an employee for any period may not exceed 20 percent of the
employee's disposable pay, except that a greater percentage may
be deducted upon consent of the employee involved.
``(5) Collections after employment.--If an employee's
employment ends before collection of the amount of the
employee's indebtedness is completed, deductions may be made
from later non-periodic government payments of any nature due
the former employee, except retirement pay, and such deductions
may be made without regard to the limit under paragraph (4).
``(b) Notice and Hearing Required.--
``(1) In general.--Except as provided in paragraph (3),
prior to initiating any proceedings under subsection (a) to
collect any indebtedness of an individual, the Executive
Officer shall provide the individual with--
``(A) a minimum of 30 days written notice,
informing such individual of the nature and amount of
the indebtedness determined by the District of Columbia
Courts to be due, the intention of the Courts to
initiate proceedings to collect the debt through
deductions from pay, and an explanation of the rights
of the individual under this section;
``(B) an opportunity to inspect and copy Court
records relating to the debt;
``(C) an opportunity to enter into a written
agreement with the Courts, under terms agreeable to the
Executive Officer, to establish a schedule for the
repayment of the debt; and
``(D) an opportunity for a hearing in accordance
with paragraph (2) on the determination of the Courts
concerning the existence or the amount of the debt, and
in the case of an individual whose repayment schedule
is established other than by a written agreement
pursuant to subparagraph (C), concerning the terms of
the repayment schedule.
``(2) Procedures for hearings.--
``(A) Availability of hearing upon request.--A
hearing under this paragraph shall be provided if the
individual, on or before the fifteenth day following
receipt of the notice described in paragraph (1)(A),
and in accordance with such procedures as the Executive
Officer may prescribe, files a petition requesting such
a hearing.
``(B) Basis for hearing.--Unless the hearing
officer determines that the existence or the amount of
the debt turns on an issue of credibility or veracity
or cannot be resolved by a review of the documentary
evidence, the hearing shall be on the written
submissions.
``(C) Stay of collection proceedings.--The timely
filing of a petition for hearing shall stay the
commencement of collection proceedings.
``(D) Independent officer.--A hearing under this
paragraph shall be conducted by an independent hearing
officer appointed in accordance with regulations
promulgated under subsection (e).
``(E) Deadline for decision.--The hearing officer
shall issue a final decision regarding the questions
covered by the hearing at the earliest practicable
date, but not later than 60 days after the hearing.
``(3) Exception.--Paragraphs (1) and (2) shall not apply to
routine intra-Courts adjustments of pay that are attributable
to clerical or administrative errors or delays in processing
pay documents that have occurred within the 4 pay periods
preceding the adjustment and to any adjustment that amounts to
$50 or less, if at the time of such adjustment, or as soon
thereafter as practical, the individual is provided written
notice of the nature and the amount of the adjustment and a
point of contact for contesting such adjustment.
``(c) Compromise.--
``(1) Authority to compromise claims.--The Executive
Officer may--
``(A) compromise a claim to collect an indebtedness
under this section if the amount involved is not more
than $100,000; and
``(B) suspend or end collection action on such a
claim if it appears that no person liable on the claim
has the present or prospective ability to pay a
significant amount of the claim or if the cost of
collecting the claim is likely to be more than the
amount recovered.
``(2) Effect of compromise.--A compromise under this
subsection is final and conclusive unless gotten by fraud,
misrepresentation, presenting a false claim, or mutual mistake
of fact.
``(3) No liability of official responsible for
compromise.--An accountable official is not liable for an
amount paid or for the value of property lost or damaged if the
amount or value is not recovered because of a compromise under
this subsection.
``(d) Waiver of Claim.--
``(1) Authority to waive claims.--Upon application from a
person liable on a claim to collect an indebtedness under this
section, the Executive Officer may, with written justification,
waive the claim if collection would be--
``(A) against equity;
``(B) against good conscience; and
``(C) not in the best interests of the Courts.
``(2) Limitations on authority.--The Executive Officer may
not exercise the authority under this subsection to waive a
claim if--
``(A) in the Executive Officer's opinion, there
exists, in connection with the claim, an indication of
fraud, misrepresentation, fault, or lack of good faith
on the part of the employee, former employee, or any
other person having an interest in obtaining a waiver
of the claim; or
``(B) the application for waiver is received in the
Executive Officer's office after the expiration of 3
years immediately following the date on which the
erroneous payment was discovered or 3 years after the
date of the enactment of this section, whichever is
later, except if the claim involves money owed for
Federal health benefits, Federal life insurance, or
Federal retirement benefits.
``(3) Denial of application for waiver.--A decision by the
Executive Officer to deny an application for a waiver under
this subsection shall be the final administrative decision of
the District government.
``(4) Refund of amounts already collected against claim
subsequently waived.--If the Courts have been reimbursed for a
claim under this section in whole or in part, and a waiver of
the claim is then granted, the employee or former employee
shall be entitled to a refund of the amount of the
reimbursement upon application for that refund, so long as the
application is received not later than 2 years after the
effective date of the waiver.
``(5) Effect on accounts of courts.--In the audit and
settlement of accounts of any accountable official, full credit
shall be given for any amounts with respect to which collection
by the Courts is waived under this subsection.
``(6) Validity of payments.--An erroneous payment or debt,
the collection of which is waived under this subsection, is a
valid payment for all purposes.
``(7) No effect on other authorities.--Nothing contained in
this subsection shall be construed to affect in any way the
authority under any other statute to litigate, settle,
compromise, or waive any claim of the District of Columbia.
``(e) Regulations.--The Executive Officer's authority under this
section shall be subject to regulations promulgated by the Joint
Committee on Judicial Administration.''.
(2) Clerical amendment.--The table of contents of chapter
17 of title 11, District of Columbia Official Code, is amended
by adding at the end of the items relating to subchapter II the
following new item:
``11-1733. Collection, compromise, and waiver of employee debts and
erroneous payments.''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to erroneous payments made and debts
incurred before, on, or after the date of the enactment of this
Act.
(b) Authorization To Purchase Uniforms for Personnel.--Section 11-
1742(b), District of Columbia Official Code, is amended by adding at
the end the following new sentence: ``Under the authority of the
previous sentence, the Executive Officer may purchase uniforms to be
worn by nonjudicial employees of the District of Columbia Courts whose
responsibilities warrant the wearing of uniforms, so long as the cost
of furnishing a uniform to an employee during a year does not exceed
the amount applicable for the year under section 5901(a)(1) of title 5,
United States Code (relating to the uniform allowance for employees of
the Government of the United States).''.
SEC. 3. AUTHORITIES OF COURT SERVICES AND OFFENDER SUPERVISION AGENCY.
(a) Authority To Develop and Operate Incentive Programs for
Sentenced Offenders.--Section 11233(b)(2)(F) of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 24-
133(b)(2)(F), D.C. Official Code) is amended by striking ``sanctions''
and inserting ``sanction and incentive''.
(b) Permanent Authority To Accept Gifts.--Section 11233(b)(3)(A) of
such Act (sec. 24-133(b)(3)(A), D.C. Official Code) is amended to read
as follows:
``(A) Authority to accept gifts.--The Director may
accept, solicit, and use on behalf of the Agency any
monetary or nonmonetary gift, donation, bequest, or use
of facilities, property, or services for the purpose of
aiding or facilitating the work of the Agency.''.
(c) Permanent Authority To Accept and Use Reimbursements From
District Government.--Section 11233(b)(4) of such Act (sec. 24-
133(b)(4)) is amended by striking ``During fiscal years 2006 through
2008, the Director'' and inserting ``The Director''.
SEC. 4. AUTHORITIES OF PUBLIC DEFENDER SERVICE.
(a) Acceptance and Use of Services of Volunteers.--Section 307(b)
of such Act (sec. 2-1607(b), D.C. Official Code) is amended by striking
``the Service may accept public grants and private contributions made
to assist it'' and inserting ``the Service may accept and use public
grants, private contributions, and voluntary and uncompensated
(gratuitous) services to assist it''.
(b) Treatment of Members of Board of Trustees as Employees of
Service for Purposes of Liability.--
(1) In general.--Section 303(d) of such Act (sec. 2-
1603(d), D.C. Official Code) is amended by striking ``employees
of the District of Columbia'' and inserting ``employees of the
Service''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of the
District of Columbia Courts and Justice Technical Corrections
Act of 1998 (Public Law 105-274).
Passed the House of Representatives July 14, 2014.
Attest:
KAREN L. HAAS,
Clerk. | . District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014 - (Sec. 2) Amends the District of Columbia Code to authorize the Executive Officer of the District of Columbia courts to: collect debts owed to the District of Columbia Courts because of erroneous payments made to current and former court employees, or any other debt; and purchase uniforms to be worn by certain nonjudicial employees of the District courts, so long as the cost of furnishing a uniform during a year does not exceed the amount applicable to the uniform allowance for federal employees. (Sec. 3) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 (NCRS-GIA) to authorize the Director of the Court Services and Offender Supervision Agency to develop and operate intermediate incentive programs for sentenced offenders. Makes permanent the Director's authority to accept, solicit, and use on behalf of the Agency: (1) any monetary or nonmonetary gift, donation, bequest, or use of facilities, property, or services to aid or facilitate the work of the Agency; and (2) reimbursements from the District government for space and services provided, on a cost reimbursable basis. (Sec. 4) Amends the NCRS-GIA to: authorize the Public Defender Service, upon approval of the Board of Trustees, to accept and use public grants, private contributions, and voluntary and uncompensated (gratuitous) services to assist it. (Currently, the Service is authorized only to accept but not use these grants and contributions.); and deem members of the Board of Trustees, as of October 21, 1998, to be employees of the Service instead of District employees for purposes of any action brought against them. | {"src": "billsum_train", "title": "District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2014"} | 2,831 | 388 | 0.511075 | 1.837287 | 0.731509 | 3.890208 | 7.418398 | 0.905045 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Marriage Violates the Human
Rights of Girls Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Child marriage, also known as ``forced marriage'' or
``early marriage'', is a harmful traditional practice that
deprives girls of their basic human rights.
(2) Child marriage as a traditional practice, as well as
through coercion or force, is a violation of article 16 of the
Universal Declaration of Human Rights, which states, ``Marriage
shall be entered into only with the free and full consent of
intending spouses.''.
(3) According to the United Nations Children's Fund
(UNICEF), an estimated 60,000,000 girls in developing countries
now ages 20 to 24 were married under the age of 18, and if
present trends continue, more than 100,000,000 more girls in
developing countries will be married as children over the next
decade, according to the Population Council.
(4) The rape, violent abuse, and physical exploitation of
young girls, at times as young as ten years old, are frequent
consequences of children forced into marriages in countries
such as Bangladesh where 57 percent of girls are married by age
15.
(5) Factors perpetuating child marriage include poverty, a
lack of educational or employment opportunities for girls,
parental concerns to ensure sexual relations within marriage,
the dowry system, and the perceived lack of value of girls.
(6) Child marriage has negative effects on girls' health,
including significantly increased risk of maternal death and
morbidity, obstetric fistula, sexually transmitted diseases,
including HIV/AIDS, and infant mortality and morbidity.
(7) Girls' schooling, creating safe community spaces for
girls, and programs for skills building for out-of-school girls
are all effective and evidence-based strategies for preventing
child marriage and creating a pathway to the empowerment of
girls by addressing conditions of poverty, low status, and
norms that contribute to child marriage.
(8) Secretary of State Hillary Rodham Clinton has stated
that, ``Stopping child marriage is not just a must for moral or
human rights reasons--it lays the foundation for so many other
things we hope to achieve. Primary education. Improved child
and maternal health. Sustainable economic development that
includes girls.''.
SEC. 3. CHILD MARRIAGE DEFINED.
In this Act, the term ``child marriage'' means the marriage of a
girl or boy, not yet the minimum age for marriage stipulated in law in
the country in which the girl or boy is a resident or, where there is
no such law, under the age of 18.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) child marriage is a violation of human rights and the
prevention and elimination of child marriage should be a
foreign policy goal of the United States;
(2) the practice of child marriage undermines United States
investments in foreign assistance to promote education and
skills building for girls, reduce maternal and child mortality,
reduce maternal illness, halt the transmission of HIV/AIDS,
prevent gender-based violence, and reduce poverty; and
(3) educational opportunities for girls, economic
opportunities for women, and reducing maternal and child
mortality are critical to achieving the global health and
development objectives of the United States, including efforts
to prevent HIV/AIDS.
SEC. 5. RESEARCH AND DATA.
(a) In General.--The Secretary of State, the Administrator of the
United States Agency for International Development, and the heads of
other relevant departments and agencies shall--
(1) collect and make publicly available data on the
incidence of child marriage in countries that receive foreign
or development assistance from the United States where the
practice of child marriage is prevalent, including to the
extent appropriate the countries listed in subsection (b); and
(2) collect and make publicly available data on the impact
of the incidence of child marriage and the age at marriage on
progress in meeting key development goals.
(b) Countries.--The countries referred to in subsection (a)(1) are
Afghanistan, Bangladesh, Burkina Faso, Cameroon, the Central African
Republic, Chad, the Democratic Republic of the Congo, the Dominican
Republic, Eritrea, Ethiopia, Guinea, Honduras, India, Madagascar,
Malawi, Mali, Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal,
Sierra Leone, Tanzania, Uganda, and Zambia.
SEC. 6. DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(g)(1) The report required by subsection (d) shall include, for
each country in which child marriage is prevalent, including to the
extent appropriate the countries listed in paragraph (2), a description
of the status of the practice of child marriage in such country and the
type and amount of United State foreign assistance being used for the
primary goal of preventing child marriage in such country.
``(2) The countries referred to in paragraph (1) are Afghanistan,
Bangladesh, Burkina Faso, Cameroon, the Central African Republic, Chad,
the Democratic Republic of the Congo, the Dominican Republic, Eritrea,
Ethiopia, Guinea, Honduras, India, Madagascar, Malawi, Mali,
Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal, Sierra Leone,
Tanzania, Uganda, and Zambia.
``(3) In this subsection, the term `child marriage' means the
marriage of a girl or boy, not yet the minimum age for marriage
stipulated in law or under the age of 18 if no such law exists, in the
country in which such girl or boy is a resident.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following new subsection:
``(j)(1) The report required by subsection (b) shall include, for
each country in which child marriage is prevalent, including to the
extent appropriate the countries listed in paragraph (2), a description
of the status of the practice of child marriage in such country and the
type and amount of United State foreign assistance being used for the
primary goal of preventing child marriage in such country.
``(2) The countries referred to in paragraph (1) are Afghanistan,
Bangladesh, Burkina Faso, Cameroon, the Central African Republic, Chad,
the Democratic Republic of the Congo, the Dominican Republic, Eritrea,
Ethiopia, Guinea, Honduras, India, Madagascar, Malawi, Mali,
Mozambique, Nepal, Nicaragua, Niger, Nigeria, Senegal, Sierra Leone,
Tanzania, Uganda, and Zambia.
``(3) In this subsection, the term `child marriage' means the
marriage of a girl or boy, not yet the minimum age for marriage
stipulated in law or under the age of 18 if no such law exists, in the
country in which such girl or boy is a resident.''. | Child Marriage Violates the Human Rights of Girls Act of 2011 - Defines "child marriage" as the marriage of a girl or boy not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident, or where there is no such law, under the age of 18.
Expresses the sense of Congress that: (1) child marriage is a violation of human rights and its prevention and elimination should be a U.S. foreign policy goal; and (2) educational opportunities for girls, economic opportunities for women, and reducing maternal and child mortality are critical to U.S. global health and development objectives, including efforts to prevent HIV/AIDS.
Directs the Secretary of State, the Administrator of the United States Agency for International Development (USAID), and the heads of other relevant departments and agencies to collect and make available data on the incidence of child marriage in specified countries that receive U.S. foreign or development assistance where the practice of child marriage is prevalent.
Amends the Foreign Assistance Act of 1961 to require that Department of State reports on human rights practices for specified countries include a description of the status of child marriage for each country in which child marriage is prevalent. | {"src": "billsum_train", "title": "To protect girls in developing countries through the prevention of child marriage, and for other purposes."} | 1,547 | 254 | 0.602129 | 1.93933 | 0.722647 | 5.517094 | 6.324786 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF THE ARMED
FORCES.
Notwithstanding any other provision of law or any regulation, the
Secretary of Homeland Security shall use the fingerprints provided by
an individual at the time the individual enlists in the Armed Forces to
satisfy any requirement for fingerprints as part of an application for
naturalization if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 or 1440);
(2) was fingerprinted in accordance with the requirements
of the Department of Defense at the time the individual
enlisted in the Armed Forces; and
(3) submits an application for naturalization not later
than 12 months after the date the individual enlisted in the
Armed Forces.
SEC. 3. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS OF THE
ARMED FORCES.
(a) Citizenship Advocate.--The Secretary of Defense shall establish
the position of Citizenship Advocate at each Military Entry Processing
Station to provide information and assistance related to the
naturalization process to members of the Armed Forces. An individual
serving as a Citizenship Advocate may be a civilian.
(b) Written Materials.--The Secretary of Defense shall ensure that
written information describing the naturalization process for members
of the Armed Forces is provided to each individual who is not a citizen
of the United States at the time that the individual enlists in the
Armed Forces.
(c) Telephone Hot Line.--The Secretary of Homeland Security shall--
(1) establish a dedicated toll free telephone service
available only to members of the Armed Forces and the families
of such members to provide information related to
naturalization pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 or 1440),
including the status of an application for such naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department of Homeland
Security who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces
and the families of such members; and
(B) are physically located in the same unit as the
military processing unit that adjudicates applications
for naturalization pursuant to such section 328 or 329;
and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information provided
by the employees who operate the telephone service required by
paragraph (1), including the breadth of the knowledge related
to the naturalization process of such employees.
SEC. 4. PROVISION OF INFORMATION ON NATURALIZATION TO THE PUBLIC.
Not later than 30 days after the date that a modification to any
law or regulation related to the naturalization process becomes
effective, the Secretary of Homeland Security shall update the
appropriate application form for naturalization, the instructions and
guidebook for obtaining naturalization, and the Internet website
maintained by the Secretary of Homeland Security to reflect such
modification.
SEC. 5. REPORTS.
(a) Adjudication Process.--Not later than 120 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional committees a
report on the entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the Immigration
and Nationality Act (8 U.S.C. 1439 or 1440), including the process that
begins at the time the application is mailed to, or received by, the
Secretary of Homeland Security, regardless of whether the Secretary
determines that such application is complete, through the final
disposition of such application. Such report shall include a
description of--
(1) the methods of the Secretary of Homeland Security and
the Secretary of Defense to prepare, handle, and adjudicate
such applications;
(2) the effectiveness of the chain of authority,
supervision, and training of employees of the Government or of
other entities, including contract employees, who have any role
in such process or adjudication; and
(3) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this Act by the
Secretary of Homeland Security and the Secretary of Defense,
including studying any technology that may be used to improve
the efficiency of the naturalization process for members of the
Armed Forces.
(2) Report.--Not later than 180 days after the date that
the Comptroller General submits the report required by
subsection (a), the Comptroller General shall submit to the
appropriate congressional committees a report on the study
required by paragraph (1). The report shall include any
recommendations of the Comptroller General for improving the
implementation of this Act by the Secretary of Homeland
Security or the Secretary of Defense.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives. | Kendell Frederick Citizenship Assistance Act - Directs the Secretary of Homeland Security to use the fingerprints provided by an individual at the time of military enlistment to satisfy any fingerprint requirements as part of an application for naturalization if the individual: (1) may be naturalized under provisions of the Immigration and Nationality Act; (2) was fingerprinted in accordance with requirements of the Department of Defense (DOD) at the time of enlistment; and (3) submits an application for naturalization within 12 months after the date of enlistment.
Requires the Secretary of Defense to establish the position of Citizenship Advocate at each military entry processing station to provide information and assistance to members of the Armed Forces on the naturalization process.
Requires the Secretary of Homeland Security to: (1) establish a toll-free naturalization assistance telephone number available only to members and their families; and (2) after any modification of naturalization laws, update the appropriate application form, instructions and guidebook, and Internet website to reflect such modification.
Directs the Comptroller General to: (1) report to the congressional defense and judiciary committees on the entire process for adjudication of an application for naturalization; and (2) conduct a study on the implementation of this Act by the Secretaries of Homeland Security and Defense. | {"src": "billsum_train", "title": "A bill to assist members of the Armed Forces in obtaining United States citizenship, and for other purposes."} | 1,182 | 278 | 0.673993 | 2.015582 | 0.885977 | 4.115226 | 4.419753 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Reform Act of 2006''.
SEC. 2. PROHIBITION ON UNIVERSAL DEFAULT AND UNILATERAL CHANGES TO
CARDHOLDER AGREEMENTS.
Chapter 4 of the Truth in Lending Act (15 U.S.C. 1666 et seq.) is
amended--
(1) by redesignating section 171 as section 173; and
(2) by adding at the end the following:
``Sec. 171. Universal defaults prohibited
``(a) In General.--No credit card issuer may use any adverse
information concerning any consumer, including any information
contained in any consumer report (as defined in section 603) or any
change in the credit score of the consumer, as the basis for increasing
any annual percentage rate of interest applicable to a credit card
account of the consumer under an open end consumer credit plan, or to
remove or increase any introductory annual percentage rate of interest
applicable to such account.
``(b) Exception.--The limitation under subsection (a) shall not
apply to--
``(1) a credit card issuer that increases an annual
percentage rate of interest in accordance with a credit card
agreement that provides for rate changes according to changes
in an index or formula; or
``(2) the removal or increase in an introductory annual
percentage rate of interest applicable to the usage or payment
of such account because of actions or omissions of a consumer
that are directly related to such account.
``(c) Notice to Consumer.--The limitation under subsection (a) on
the use of adverse information by a credit card issuer shall be clearly
and conspicuously described to the consumer by the credit card issuer
in any disclosure or statement required under subsection (a) or (b) of
section 127.
``(d) Unilateral Changes in Credit Card Agreement Prohibited.--
``(1) In general.--No credit card issuer may amend or
change the terms of a credit card contract or agreement under
an open end consumer credit plan, unless the consumer has
provided specific written consent, in a separate document
signed or initialed by the consumer, to the change or amendment
of such terms.
``(2) Authority to payoff balances.--A cardholder shall
have the right to repay all existing balances under the terms
in effect when the balances were incurred.
``(3) Construction.--Termination of an account due to
failure to agree to a change in terms shall not constitute a
default under an existing cardholder agreement, and shall not
trigger an obligation to immediately repay the obligation in
full.''.
SEC. 3. CAP ON FEES CHARGED BY CREDITORS.
(a) In General.--Chapter 4 of the Truth in Lending Act (15 U.S.C.
1666 et seq.) is amended by adding at the end the following:
``Sec. 172. Limitations on late payment fees and other adverse
consequences
``(a) In General.--If a late payment fee is to be imposed with
respect to a credit card account under an open end consumer credit plan
due to the failure of the consumer to make payment on or before a
required payment due date, the credit card issuer shall state clearly
and conspicuously on the billing statement--
``(1) the date on which the payment must be postmarked, if
paid by mail, or by the date on which a consumer initiates a
payment using an electronic fund transfer (as defined under
section 903 of the Electronic Fund Transfers Act), in order to
avoid the imposition of a late fee with respect to the payment;
and
``(2) the amount of the late payment fee to be imposed if
payment is postmarked after such date.
``(b) Limitation.--No card issuer may, with respect to a credit
card account under an open end consumer credit plan, impose a late
payment fee, raise the annual percentage rate on the credit card
account for late payment, or impose other adverse consequences for late
payment if the cardholder's payment is postmarked on or before the
required postmark date stated in accordance with subsection (a)(1).
``(c) Cap on Fees.--The amount of any fee or charge that a credit
card issuer may impose in connection with any default, omission, or
violation of the cardholder agreement, including any late payment fee,
over the limit fee, increase in the applicable annual percentage rate
of interest, or any similar fee or charge, may not exceed an amount
that is reasonably related to the cost to the card issuer of such
default, omission, violation, or similar event.''.
(b) Conforming Amendment.--Section 127(b) of the Truth in Lending
Act (15 U.S.C. 1637(b)) is amended by striking paragraph (12).
(c) Clerical Amendment.--The table of sections for chapter 4 of the
Truth in Lending Act (15 U.S.C. 1666 et seq.) is amended by inserting
after the item relating to section 170 the following new items:
``171. Universal defaults prohibited.
``172. Cap on fees.''.
SEC. 4. VERIFICATION OF ABILITY TO PAY CREDIT OBLIGATIONS.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following:
``(h) Verification of Ability to Pay.--
``(1) In general.--A credit card issuer may not open any
credit card account for any person under an open end consumer
credit plan, or increase any credit limit applicable to such an
account, unless the credit card issuer has determined, at the
time at which the account is opened or the credit limit
increased, that the consumer will be able to make the scheduled
payments under the terms of the transaction, based on a
consideration of their current and expected income, current
obligations, and employment status.
``(2) Regulations.--The Board shall prescribe, by
regulation, the appropriate formula for determining the ability
of a consumer to pay and the criteria to be considered in
making any such determination for purposes of this subsection.
``(3) Prohibitions.--The Board, by regulation or order,
shall prohibit acts or practices in connection with any credit
card account under an open end consumer credit plan--
``(A) that the Board finds to be unfair, deceptive,
or designed to evade the provisions of this title; and
``(B) that the Board finds to be associated with
abusive lending practices, or that are otherwise not in
the interest of the consumer.''.
SEC. 5. EFFECTIVE DATES.
The amendments made by this Act shall take effect 6 months after
the date of enactment of this Act, except that the Board shall begin to
propose such regulations as may be appropriate to implement such
amendments on or after the date of enactment of this Act. | Credit Card Reform Act of 2006 - Amends the Truth in Lending Act to prohibit a credit card issuer from using any adverse information concerning any consumer (including information contained in any consumer report, or any change in the consumer's credit score) as the basis for increasing any annual percentage rate of interest (APR) applicable to a credit card account under an open end consumer credit plan, or from removing or increasing any introductory APR.
Prohibits a credit card issuer, also, from changing the terms of a credit card contract or agreement under an open end consumer credit plan without written consumer consent.
Prohibits a credit card issuer from imposing adverse consequences for late payment if the cardholder's payment is postmarked or initiated by electronic funds transfer on or before the required postmark date in accordance with this Act.
Limits late payment and related fees to an amount reasonably related to the cost to the card issuer of consumer default, omission, or violation of the credit plan agreement.
Requires a credit card issuer to verify, when the account is opened or the credit limit increased, that the consumer will be able to make the scheduled payments based on a consideration of current and expected income, current obligations, and employment status. | {"src": "billsum_train", "title": "A bill to amend the Truth in Lending Act, to prohibit universal default practices by credit card issuers, to limit fees that may be imposed on credit card accounts, and to require credit card issuers to verify a prospective consumer's ability to pay before extending credit to the consumer, and for other purposes."} | 1,560 | 274 | 0.673114 | 1.83755 | 0.871677 | 4.659574 | 5.919149 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Copper and Lead Evaluation and
Reporting Act of 2016'' or the ``CLEAR Act''.
SEC. 2. LEAD AND COPPER IN DRINKING WATER.
(a) Regulations Required.--Section 1412(b) of the Safe Drinking
Water Act (42 U.S.C. 300g-1(b)) is amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(2) by inserting after paragraph (13) the following:
``(14) Lead and copper in drinking water.--Not later than
180 days after the date of enactment of the CLEAR Act, the
Administrator shall promulgate lead and copper regulations
that--
``(A) based on the amount of lead that would result
in a blood lead level greater than 5 micrograms per
deciliter in an average, healthy infant who consumes
infant formula made with water, establish a health-
based household action level for lead and copper that
triggers--
``(i) not later than 28 days after the date
on which the household action level is reached,
plain-language consumer notification that is
culturally and linguistically appropriate;
``(ii) a report to the appropriate public
health agency; and
``(iii) an examination by the public water
system of service line material and, if
applicable, the initiation of the removal by
the public water system of any lead portion of
the service line;
``(B) provide for frequent and culturally and
linguistically appropriate multi-media outreach in
plain language about the health risk and protection
available to--
``(i) consumers with known or suspected
full or partial lead service lines;
``(ii) public and private institutions and
facilities that serve individuals of any other
vulnerable population, including--
``(I) children;
``(II) pregnant women; and
``(III) an immunocompromised
population, such as--
``(aa) individuals living
with auto immune deficiency
syndrome or human
immunodeficiency virus; and
``(bb) the elderly; and
``(iii) caregivers and healthcare providers
for any individual described in clause (i) or
(ii);
``(C) require, for each monitoring period, each
public water system to publish on a publicly accessible
website of the public water system, or distribute by
carrier route presort if the public water system does
not maintain a publicly accessible website, or
distribute door-to-door if a substantial portion of the
population served by the public water system does not
have access to the Internet or is elderly--
``(i) the number of households served by
the public water system that have a household
action level that is greater than the household
action level established by the Administrator
under subparagraph (A);
``(ii) all levels of lead and copper found
in each monitoring period; and
``(iii) the most recent 90th percentile
levels for lead and copper, as compared to the
system action levels for lead and copper;
``(D) in the case of a community that has a lead
service line, require the public water system to
provide a public statement of lead service line
ownership that includes the legal basis of that
determination of ownership; and
``(E) modify lead monitoring requirements to
provide for--
``(i) voluntary consumer-requested tap
sampling for lead; and
``(ii) the use of any result of a tap
sample described in clause (i)--
``(I) to inform--
``(aa) consumer action to
reduce the risk of lead in the
home of the consumer; and
``(bb) in the case of a tap
sample that is higher than the
household action level
established in subparagraph
(A), the consumer and the
appropriate public health
agency; and
``(II) to assess--
``(aa) if the tap sample
meets the site selection
criteria described in the
regulations issued by the
Administrator for the control
of lead and copper, the
effectiveness of corrosion
control treatment; or
``(bb) any other potential
cause of an elevated lead
level.''.
(b) Conforming Amendments.--Section 1415(e) of the Safe Drinking
Water Act (42 U.S.C. 300g-4(e)) is amended--
(1) in paragraph (2)(A), by striking ``1412(b)(15)'' and
inserting ``1412(b)(16)''; and
(2) in paragraph (7)(A)--
(A) in clause (ii), by striking ``1412(b)(15)'' and
inserting ``1412(b)(16)''; and
(B) in clause (iii), by striking ``1412(b)(15)(A)''
and inserting ``1412(b)(16)(A)''. | Copper and Lead Evaluation and Reporting Act of 2016 or the CLEAR Act This bill amends the Safe Drinking Water Act to require the Environmental Protection Agency to promulgate new lead and copper regulations that would set a health-based, household action level for lead and copper that triggers: (1) a consumer notification of drinking water contamination; (2) a report to the appropriate public health agency; and (3) an examination by the public water system of service line material and, if applicable, the removal of lead portions of the service line. That action level must be based on the amount of lead that would result in a blood lead level greater than five micrograms per deciliter in an average, healthy infant who consumes infant formula made with water. The regulations must also: provide outreach about the health risk and protection available to consumers with known or suspected lead service lines, institutions and facilities that serve other vulnerable populations, and the caregivers and health care providers of those consumers or populations; require reporting by public water systems for each monitoring period to the populations they serve on information concerning lead and copper levels; require public water systems to provide a public statement of lead service line ownership where a community has such lines; modify monitoring requirements to provide for voluntary, consumer-requested tap samples for lead; and provide for utilizing the results of those samples. | {"src": "billsum_train", "title": "CLEAR Act"} | 1,115 | 278 | 0.714617 | 2.083287 | 0.839194 | 3.450758 | 3.844697 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2005''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL
HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE
PROGRAM.
(a) Coverage of Services.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (Y), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (Z), by inserting ``and'' after
the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(AA) marriage and family therapist services (as defined
in subsection (bbb)(1)) and mental health counselor services
(as defined in subsection (bbb)(3));''.
(2) Definitions.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended by adding at the end the following
new subsection:
``Marriage and Family Therapist Services; Marriage and Family
Therapist; Mental Health Counselor Services; Mental Health Counselor
``(bbb)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least 2
years of clinical supervised experience in marriage and family
therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
and family therapists, is licensed or certified as a marriage
and family therapist in such State.
``(3) The term `mental health counselor services' means services
performed by a mental health counselor (as defined in paragraph (4))
for the diagnosis and treatment of mental illnesses which the mental
health counselor is legally authorized to perform under State law (or
the State regulatory mechanism provided by the State law) of the State
in which such services are performed, as would otherwise be covered if
furnished by a physician or as incident to a physician's professional
service, but only if no facility or other provider charges or is paid
any amounts with respect to the furnishing of such services.
``(4) The term `mental health counselor' means an individual who--
``(A) possesses a master's or doctor's degree in mental
health counseling or a related field;
``(B) after obtaining such a degree has performed at least
2 years of supervised mental health counselor practice; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of mental
health counselors or professional counselors, is licensed or
certified as a mental health counselor or professional
counselor in such State.''.
(3) Provision for payment under part b.--Section
1832(a)(2)(B) of the Social Security Act (42 U.S.C.
1395k(a)(2)(B)) is amended by adding at the end the following
new clause:
``(v) marriage and family therapist
services and mental health counselor
services;''.
(4) Amount of payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and (V)'' and inserting ``(V)'';
and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to marriage and
family therapist services and mental health counselor
services under section 1861(s)(2)(AA), the amounts paid
shall be 80 percent of the lesser of the actual charge
for the services or 75 percent of the amount determined
for payment of a psychologist under subparagraph (L)''.
(5) Exclusion of marriage and family therapist services and
mental health counselor services from skilled nursing facility
prospective payment system.--Section 1888(e)(2)(A)(ii) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended
by inserting ``marriage and family therapist services (as
defined in section 1861(bbb)(1)), mental health counselor
services (as defined in section 1861(bbb)(3)),'' after
``qualified psychologist services,''.
(6) Inclusion of marriage and family therapists and mental
health counselors as practitioners for assignment of claims.--
Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C.
1395u(b)(18)(C)) is amended by adding at the end the following
new clauses:
``(vii) A marriage and family therapist (as defined in
section 1861(bbb)(2)).
``(viii) A mental health counselor (as defined in section
1861(bbb)(4)).''.
(b) Coverage of Certain Mental Health Services Provided in Certain
Settings.--
(1) Rural health clinics and federally qualified health
centers.--Section 1861(aa)(1)(B) of the Social Security Act (42
U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a
clinical social worker (as defined in subsection (hh)(1)),''
and inserting ``, by a clinical social worker (as defined in
subsection (hh)(1)), by a marriage and family therapist (as
defined in subsection (bbb)(2)), or by a mental health
counselor (as defined in subsection (bbb)(4)),''.
(2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of
the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is
amended by inserting ``or one marriage and family therapist (as
defined in subsection (bbb)(2))'' after ``social worker''.
(c) Authorization of Marriage and Family Therapists to Develop
Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of
the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by
inserting ``marriage and family therapist (as defined in subsection
(bbb)(2)),'' after ``social worker,''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to services furnished on or after January 1, 2006. | Seniors Mental Health Access Improvement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services and mental health counselor services generally, and particularly such services provided in rural health clinics and in hospice programs.
Amends Medicare part C (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system.
Authorizes marriage and family therapists to develop discharge plans for post-hospital services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the medicare program, and for other purposes."} | 1,722 | 120 | 0.507194 | 1.273763 | 0.632815 | 2.886598 | 14.164948 | 0.845361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Customer Non-Discrimination Act''.
SEC. 2. PUBLIC ACCOMMODATIONS.
(a) Prohibition on Discrimination or Segregation in Public
Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C.
2000a) is amended--
(1) in subsection (a), by inserting ``sex, sexual
orientation, gender identity,'' before ``or national origin'';
and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``stadium'' and
all that follows and inserting ``stadium or other place
of or establishment that provides exhibition,
entertainment, recreation, exercise, amusement,
gathering, or display;'';
(B) by redesignating paragraph (4) as paragraph
(6); and
(C) by inserting after paragraph (3) the following:
``(4) any establishment that provides a good, service, or
program, including a store, shopping center, online retailer or
service provider, salon, bank, gas station, food bank, service
or care center, shelter, travel agency, or funeral parlor, or
establishment that provides health care, accounting, or legal
services;
``(5) any train service, bus service, car service, taxi
service, airline service, station, depot, or other place of or
establishment that provides transportation service; and''.
(b) Prohibition on Discrimination or Segregation Under Law.--
Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting
``sex, sexual orientation, gender identity,'' before ``or national
origin''.
(c) Definitions and Rules of Construction.--Title II of such Act
(42 U.S.C. 2000a et seq.) is amended by adding at the end the
following:
``SEC. 208. DEFINITIONS AND RULES.
``(a) Definitions.--
``(1) Race; color; religion; sex; sexual orientation;
gender identity; national origin.--The term `race', `color',
`religion', `sex', `sexual orientation', `gender identity', or
`national origin', used with respect to an individual,
includes--
``(A) the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of another person with whom the
individual is associated or has been associated; and
``(B) a perception or belief, even if inaccurate,
concerning the race, color, religion, sex, sexual
orientation, gender identity, or national origin,
respectively, of the individual.
``(2) Gender identity.--The term `gender identity' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
``(3) Including.--The term `including' means including, but
not limited to, consistent with the term's standard meaning in
Federal law.
``(4) Sex.--The term `sex' includes--
``(A) a sex stereotype;
``(B) pregnancy, childbirth, or a related medical
condition; and
``(C) sexual orientation or gender identity.
``(5) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.
``(b) Rules.--In this title--
``(1) (with respect to sex) pregnancy, childbirth, or a
related medical condition shall not receive less favorable
treatment than other physical conditions; and
``(2) (with respect to gender identity) an individual shall
not be denied access to a shared facility, including a
restroom, a locker room, and a dressing room, that is in
accordance with the individual's gender identity.
``SEC. 209. RULES OF CONSTRUCTION.
``(a) Claims and Remedies Not Precluded.--Nothing in this title
shall be construed to limit the claims or remedies available to any
individual for an unlawful practice on the basis of race, color,
religion, sex, sexual orientation, gender identity, or national origin
including claims brought pursuant to section 1979 or 1980 of the
Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including the
Federal law amended by the Customer Non-Discrimination Act, regulation,
or policy.
``(b) No Negative Inference.--Nothing in this title shall be
construed to support any inference that any Federal law prohibiting a
practice on the basis of sex does not prohibit discrimination on the
basis of pregnancy, childbirth, or a related medical condition, sexual
orientation, gender identity, or a sex stereotype.
``(c) Scope of an Establishment.--A reference in this title to an
establishment--
``(1) shall be construed to include an individual whose
operations affect commerce and who is a provider of a good,
service, or program; and
``(2) shall not be construed to be limited to a physical
facility or place.
``SEC. 210. CLAIMS.
``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.) shall not provide a claim concerning, or a defense to a claim
under this title or provide a basis for challenging the application or
enforcement of this title.''. | Customer Non-Discrimination Act This bill amends the Civil Rights Act of 1964 to include sex, sexual orientation, and gender identity among the prohibited categories of discrimination or segregation in places of public accommodation. It defines: "sex" to include a sex stereotype, sexual orientation or gender identity, and pregnancy, childbirth, or a related medical condition; "sexual orientation" as homosexuality, heterosexuality, or bisexuality; and "gender identity" as gender-related identity, appearance, mannerisms, or characteristics, regardless of the individual's designated sex at birth. The bill expands the categories of public accommodations to include places or establishments that provide: exhibitions, recreation, exercise, amusement, gatherings, or displays; goods, services, or programs, including a store, a shopping center, an online retailer or service provider, a salon, a bank, a gas station, a food bank, a service or care center, a shelter, a travel agency, a funeral parlor, or a health care, accounting, or legal service; or transportation services. "Establishment" shall not be construed to be limited to a physical facility or place. Protections against discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin must include protections against discrimination based on: (1) an association with another person who is a member of such a protected class; or (2) a perception or belief, even if inaccurate, that an individual is a member of such a protected class. The bill prohibits the Religious Freedom Restoration Act of 1993 from providing a claim, defense, or basis for challenging such protections. The bill prohibits denial of an individual's access to a shared facility (including a restroom, a locker room, and a dressing room) that is in accordance with the individual's gender identity. | {"src": "billsum_train", "title": "Customer Non-Discrimination Act"} | 1,273 | 430 | 0.6154 | 1.812746 | 0.73244 | 3.882192 | 3.063014 | 0.841096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Literacy Improvement Act
of 2008''.
SEC. 2. FINANCIAL LITERACY EDUCATION GRANTS.
(a) In General.--Part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by inserting
after section 5537 the following:
``Subpart 13A--Financial Literacy Education
``SEC. 5538. FINANCIAL LITERACY EDUCATION GRANTS.
``(a) Authorization.--The Secretary shall award grants to eligible
entities to enable such entities--
``(1) to award subgrants to local entities to provide
financial literacy education; and
``(2) to carry out activities designed to promote financial
literacy education.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a State educational agency; or
``(2) a State partnership consisting of--
``(A) a State educational agency; and
``(B) a nonprofit organization with experience and
a proven quality track record in financial literacy or
personal finance education programs.
``(c) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
``(d) Formula.--From the total amount appropriated under subsection
(g) for a fiscal year, the Secretary shall allot to each State for such
fiscal year an amount that bears the same relation to such total amount
as the amount such State received under part A of title I for such
fiscal year bears to the total amount received by all States under part
A of title I for such fiscal year.
``(e) Use of Funds.--
``(1) Subgrants to eligible local entities.--
``(A) Eligible local entity.--In this section, the
term `eligible local entity' means--
``(i) a local educational agency; or
``(ii) a local partnership consisting of--
``(I) a local educational agency;
and
``(II) not less than 1 of the
following:
``(aa) A nonprofit
organization with experience
and a proven track record in
quality financial literacy or
personal finance education
programs.
``(bb) An educational
service agency.
``(cc) A recipient of an
Excellence in Economic
Education grant under subpart
13.
``(dd) An institution of
higher education.
``(ee) A community
organization.
``(ff) A representative of
local business.
``(B) Authorization of subgrants.--An eligible
entity that receives a grant under this section shall
use 75 percent of such grant funds to award subgrants
to eligible local entities.
``(C) Applications.--
``(i) In general.--An eligible local entity
that desires to receive a subgrant under this
paragraph shall submit an application to the
eligible entity at such time, in such manner,
and accompanied by such information as the
eligible entity may require.
``(ii) Review of applications.--The
eligible entity shall review applications
submitted under clause (i) in the same manner
as applications are reviewed under section
5534(b).
``(D) Use of funds.--An eligible local entity that
receives a subgrant under this paragraph--
``(i) shall use the subgrant funds to--
``(I) implement teacher training
programs to embed financial literacy
and personal finance education into
core academic subjects;
``(II) administer financial
literacy assessments on not less than
an annual basis in, at a minimum, the
grade levels selected by the State
pursuant to paragraph (2)(A); and
``(III) implement financial
literacy activities and sequences of
study within core academic subjects;
and
``(ii) may use the subgrant funds to
implement school-based activities, including
after school activities, to enhance student
understanding and experiential learning with
consumer, economic, and personal finance
concepts.
``(E) Report.--An eligible local entity that
receives a subgrant under this paragraph shall include
in the annual report card under section 1111(h)(2) the
same information on student achievement on the
financial literacy assessments, administered pursuant
to subparagraph (D), as required, pursuant to section
1111(h)(2), of the other State academic assessments
described in section 1111(b)(3).
``(2) State activities.--An eligible entity that receives a
grant under this section shall use 25 percent of such grant
funds to carry out the following:
``(A) The development of financial literacy
standards in not less than 3 grade levels, including
not less than 1 grade level in elementary school, not
less than 1 grade level in middle school, and not less
than 1 grade level in high school.
``(B) The development of appropriate financial
literacy assessments in the grade levels determined
under subparagraph (A) that are valid, reliable, and
comparable across the State.
``(C) Teacher professional development programs to
embed financial literacy or personal finance education
into core academic subjects.
``(D) An evaluation of the impact of financial
literacy or personal finance education on students'
understanding of financial literacy concepts.
``(f) Matching Funds.--An eligible entity that receives a grant
under this section shall provide, from non-Federal sources, an amount
equal to 25 percent of the amount of the grant award to carry out
activities required under this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $125,000,000 for each of fiscal
years 2009 through 2014.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 5537 the following:
``Subpart 13A--Financial Literacy Education
``Sec. 5538. Financial literacy education grants.''.
SEC. 3. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL LITERACY.
Part A of title III of the Higher Education Act of 1965 (20 U.S.C.
1057 et seq.) is amended by adding at the end the following:
``SEC. 318. GRANTS TO PROMOTE POSTSECONDARY FINANCIAL LITERACY.
``(a) Authorization of Grant Awards.--The Secretary shall award
grants, on a competitive basis, to eligible entities to enable such
entities to provide financial literacy courses or course components to
students.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) an institution of higher education; or
``(2) a partnership consisting of--
``(A) an institution of higher education; and
``(B) a nonprofit organization with experience and
a proven track record in quality financial literacy or
personal finance education programs.
``(c) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require.
``(d) Minimum Grant Amount.--The Secretary shall award grants under
this section in amounts of not less than $500,000.
``(e) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant funds to develop and implement
financial literacy education, activities, student organizations, or
counseling that increase student knowledge in consumer, economic, and
personal financial concepts.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $125,000,000 for each of the
fiscal years 2009 through 2014.''. | Financial Literacy Improvement Act of 2008 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award formula matching grants to states or partnerships between states and experienced nonprofit providers of financial literacy or personal finance education programs.
Requires grantees to use 25% of the grant funds to: (1) develop financial literacy standards and assessments for at least three grade levels; (2) create teacher training programs to embed financial literacy or personal finance education into core academic subjects; and (3) evaluate the impact such education has on students' financial literacy.
Requires the remaining grant funds to be used for subgrants to local educational agencies (LEAs) or partnerships between LEAs and community organizations, local businesses, or other educational entities to implement such financial literacy activities, including student assessments and teacher training.
Amends the Higher Education Act of 1965 to direct the Secretary to award competitive grants to institutions of higher education (IHEs) or partnerships between IHEs and experienced nonprofit providers of financial literacy or personal finance education programs for activities that increase student knowledge in consumer, economic, and personal financial concepts. | {"src": "billsum_train", "title": "A bill to provide grants to promote financial literacy."} | 1,792 | 231 | 0.662502 | 1.693059 | 0.827759 | 2.453271 | 7.53271 | 0.845794 |
of Disapproval Defined.--For purposes of this
section, the term ``joint resolution of disapproval'' means a joint
resolution under section 3.
SEC. 3. CONGRESSIONAL DISAPPROVAL PROCEDURE.
(a) Joint Resolution Defined.--For purposes of this section, the
term ``joint resolution'' means only a joint resolution introduced
during the period beginning on the date on which a report referred to
in section 2(a)(1) is received by Congress and ending 60 days
thereafter (excluding days either House of Congress is adjourned for
more than 3 days during a session of Congress), the title of which is
``Joint Resolution disapproving the rule submitted by the President on
____, relating to military tribunals'', containing no whereas clauses,
and the matter after the resolving clause of which is as follows:
``That Congress disapproves the rule submitted by the President on
____, relating to military tribunals, and such rule shall have no force
or effect.'' (The blank spaces being appropriately filled in).
(b) Submission Date Defined.--For purposes of this section, the
term ``submission date'' means, with respect to a military tribunal
rule, the date on which the Congress receives the report submitted
under section 2(a)(1) with respect to that military tribunal rule.
(c) Referral to Committees.--A joint resolution described in
subsection (a) shall be referred to the committees in each House of
Congress with jurisdiction.
(d) Special Procedures in the Senate.--(1) A joint resolution
described in subsection (a) shall be considered in the Senate in
accordance with the provisions of this subsection.
(2) If the committee to which is referred a joint resolution
described in subsection (a) has not reported such joint resolution (or
an identical joint resolution) at the end of 20 calendar days after the
submission date, such committee shall be discharged from further
consideration of such joint resolution upon a petition supported in
writing by 30 Members of the Senate, and such joint resolution shall be
placed on the calendar.
(3) When the committee to which a joint resolution is referred has
reported, or when a committee is discharged (under paragraph (2)) from
further consideration of a joint resolution described in subsection
(a), it is at any time thereafter in order (even though a previous
motion to the same effect has been disagreed to) for a motion to
proceed to the consideration of the joint resolution, and all points of
order against the joint resolution (and against consideration of the
joint resolution) are waived. The motion is not subject to amendment,
or to a motion to postpone, or to a motion to proceed to the
consideration of other business. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in order. If
a motion to proceed to the consideration of the joint resolution is
agreed to, the joint resolution shall remain the unfinished business of
the Senate until disposed of.
(4) Debate on the joint resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between those favoring and
those opposing the joint resolution. A motion further to limit debate
is in order and not debatable. An amendment to, or a motion to
postpone, or a motion to proceed to the consideration of other
business, or a motion to recommit the joint resolution is not in order.
(5) Immediately following the conclusion of the debate on a joint
resolution described in subsection (a), and a single quorum call at the
conclusion of the debate if requested in accordance with the rules of
the Senate, the vote on final passage of the joint resolution shall
occur.
(6) Appeals from the decisions of the chair relating to the
application of the rules of the Senate to the procedure relating to a
joint resolution described in subsection (a) shall be decided without
debate.
(7) The procedures specified in this subsection shall not apply to
the consideration of a joint resolution of disapproval with respect to
a military tribunal rule--
(A) after the expiration of the 60 session days beginning
with the applicable submission or publication date, or
(B) if the report under section 2(a)(1) was submitted
during the period referred to in section 2(d)(1), after the
expiration of the 60 session days beginning on the 15th session
day after the succeeding session of Congress first convenes.
(e) Proceedings in Second House.--If, before the passage by one
House of a joint resolution of that House described in subsection (a),
that House receives from the other House a joint resolution described
in subsection (a), then the following procedures shall apply:
(1) The joint resolution of the other House shall not be
referred to a committee.
(2) With respect to a joint resolution described in
subsection (a) of the House receiving the joint resolution--
(A) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(B) the vote on final passage shall be on the joint
resolution of the other House.
(f) Exercise of Rulemaking Power.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) The term ``military tribunal'' means a military
commission or other military tribunal (other than a court-
martial).
(2) The term ``military tribunal rule'' means the whole or
part of an agency statement of general or particular
applicability and future effect designed to implement,
interpret, or prescribe law or policy, or describing the
organization, procedure, or practice requirements of a
Department or agency, with regard to carrying out military
tribunals.
SEC. 5. JUDICIAL REVIEW.
No determination, finding, action, or omission under this Act shall
be subject to judicial review.
SEC. 6. REPORTING REQUIREMENTS FOR MILITARY TRIBUNALS.
(a) In General.--(1) Subchapter XI of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice) is amended by
adding at the end the following new section:
``Sec. 940a. Art. 140a. Reports to Congress on military tribunals
``(a) For each military tribunal, the President shall submit to
Congress periodic reports on the activities of that military tribunal.
The first such report with respect to a military tribunal shall be
submitted not later than six months after the date on which the
military tribunal is convened and shall include an identification of
the accused and the offense charged. Each succeeding report with
respect to a military tribunal shall be submitted not later than six
months after the date on which the preceding report was submitted.
``(b) A report under this section shall be submitted in
unclassified form, but may included a classified annex.
``(c) In this section, the term `military tribunal' means a
military commission or other military tribunal (other than a court-
martial).''.
(2) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:
``940a. 140a. Reports to Congress on military tribunals.''.
(b) Effective Date.--Section 940a of title 10 United States Code,
as added by subsection (a), shall apply with respect to any military
tribunal covered after, or pending on, that date of the enactment of
this Act. In the case of a military tribunal pending on the date of the
enactment of this Act, the first report required by such section shall
be submitted not later than six months after the date of the enactment
of this Act. | Military Tribunal Regulations Review Act - Requires the President, before a military tribunal rule takes effect, to submit to Congress a report containing: (1) a copy of the rule; (2) a concise statement relating to the rule; and (3) its proposed effective date. Sets forth congressional procedures for rule disapproval by joint resolution.Directs the President to submit to Congress periodic reports on the activities of each military tribunal. | {"src": "billsum_train", "title": "To provide for congressional review of regulations relating to military tribunals."} | 1,865 | 93 | 0.523747 | 1.293444 | 0.969025 | 2.096386 | 21.048193 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eurasia Foundation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There has been established in the District of Columbia
a private, nonprofit corporation known as the Eurasia
Foundation (hereafter in this Act referred to as the
``Foundation''), which is not an agency or establishment of the
United States Government.
(2) In recognition of the valuable contributions of the
Foundation to long-range United States foreign policy
interests, the United States Government has, through the United
States Agency for International Development and the Department
of State, provided financial support for the Foundation.
(3) It is in the interest of the United States, and the
further strengthening of cooperation with the countries of
Eurasia, to establish a more permanent mechanism for United
States Government financial support for the ongoing activities
of the Foundation, while preserving the independent character
of the Foundation.
(b) Purposes.--The purposes of the Foundation are to--
(1) promote civil society, private enterprise, and sound
public administration and policy only in the countries of
Eurasia and in lending encouragement and assistance to citizens
of such countries in their own efforts to develop more open,
just, and democratic societies;
(2) strengthen indigenous institutions only in the
countries of Eurasia in order to foster national development,
constructive social change, equitable economic growth, and
cooperative international relationships that are fully
consistent with and supportive of long-term United States
interests with respect to the countries of Eurasia; and
(3) conduct programs in response to initiatives in the
countries of Eurasia that would be difficult or impossible for
an official United States entity, and, as a result of its
position in the countries of Eurasia, to respond quickly and
flexibly to meet new opportunities.
SEC. 3. GRANTS TO THE FOUNDATION.
(a) Grants Required.--
(1) In general.--The Secretary of State shall award an
annual grant to the Foundation to enable the Foundation to
carry out the purposes described in section 2(b).
(2) Additional requirements.--Each grant awarded under
paragraph (1) shall--
(A) consist of funds specifically appropriated for
grants to the Foundation; and
(B) be contingent upon a grant agreement between
the Secretary and the Foundation that requires the
Foundation to--
(i) only use grant funds for activities
that the Board of Directors of the Foundation
determines are consistent with the purposes
described in section 2(b); and
(ii) otherwise comply with the requirements
of this Act.
(b) Rule of Construction.--Nothing in this Act may be construed
to--
(1) make the Foundation an agency or establishment of the
United States Government; or
(2) make the members of the Board of Directors of the
Foundation, or the officers or employees of the Foundation,
officers or employees of the United States.
(c) Oversight.--The Foundation and its grantees shall be subject to
the appropriate oversight procedures of Congress.
(d) Other Funding.--The Foundation may accept funding from non-
United States Government sources to complement United States Government
funding.
(e) Sense of Congress.--It is the sense of Congress that--
(1) a Foundation, funded for fiscal year 2009 at the levels
authorized under section 7, and at appropriate levels in
subsequent fiscal years, can contribute significantly to the
political, economic, and social development of democracy and
human rights in the countries of Eurasia;
(2) notwithstanding the Foundation's distinguished record
of performance, organizations that seek competitive grants
typically perform in a more transparent and effective manner;
and
(3) to the maximum extent possible, the Foundation should
seek competitive grants to supplement appropriations from the
United States Government, and at least 20 percent of the
funding received in each fiscal year by the Foundation should
be from non-United States Government sources to ensure
continued strong performance of the Foundation.
SEC. 4. ELIGIBILITY OF THE FOUNDATION FOR GRANTS.
(a) Funding for Covered Programs Only.--The Foundation may provide
funding only for programs that are consistent with the purposes set
forth in section 2(b).
(b) Compensation for Officers and Employees of the Foundation.--If
an individual who is an officer or employee of the United States
Government serves as a member of the Board of Directors or as an
officer or employee of the Foundation, that individual may not receive
any compensation or travel expenses in connection with service
performed for the Foundation.
(c) Prohibition Respecting Financial Matters.--The Foundation shall
not issue any shares of stock or declare or pay any dividends. No part
of the assets of the Foundation shall inure to the benefit of any
member of the Board of Directors of the Foundation, any officer or
employee of the Foundation, or any other individual, except as salary
or reasonable compensation for expenses incurred in the performance of
duties to the Foundation.
(d) Audit of Accounts; Reporting Requirements.--
(1) Audit of accounts.--The accounts of the Foundation
shall be audited annually in accordance with chapter 75 of
title 31, United States Code.
(2) Reporting requirements.--The report of each such
independent audit shall be included in the annual report
required under subsection (g). The audit report shall set forth
the scope of the audit and include such statements as are
necessary to present fairly the Foundation's assets and
liabilities, surplus or deficit, with an analysis of the
changes therein during the year, supplemented in reasonable
detail by a statement of the Foundation's income and expenses
during the year, and a statement of the application of funds,
together with the independent auditor's opinion of those
statements.
(e) Audit of Financial Transactions.--
(1) Audit of financial transactions.--The Government
Accountability Office may audit the financial transactions of
the Foundation for each fiscal year in accordance with such
principles, procedures, rules, and regulations as may be
prescribed by the Comptroller General of the United States.
(2) Reporting requirements.--The Comptroller General of the
United States shall simultaneously submit, to the President,
the Foundation, and the appropriate congressional committees, a
report regarding each audit described in paragraph (1) that
contains--
(A) any comments and information as the Comptroller
General determines to be necessary to inform the
appropriate congressional committees of the financial
operations and condition of the Foundation; and
(B) any recommendations that the Comptroller
General considers advisable.
(f) Recordkeeping Requirements; Audit and Examination of Books.--
(1) Recordkeeping requirements.--The Foundation shall
ensure that each recipient of financial assistance provided
through the Foundation under this Act maintains such records as
may be reasonably necessary to--
(A) fully disclose--
(i) the amount and the disposition by such
recipient of the proceeds of such assistance;
(ii) the total cost of the project or
undertaking in connection with which such
assistance is given or used; and
(iii) the amount and nature of that portion
of the cost of the project or undertaking
supplied by other sources; and
(B) facilitate an effective audit.
(2) Audit and examination of books.--The Foundation shall
ensure that the Foundation, any of its duly authorized
representatives, the Comptroller General of the United States,
and any duly authorized representative of the Comptroller
General has access to any books, documents, papers, and records
of the recipient that are pertinent to assistance provided
through the Foundation under this Act for the purpose of audit
and examination.
(g) Annual Report; Testimony Relating to Report.--
(1) Annual report.--
(A) In general.--Not later than June 30 of each
year, the Foundation shall submit an annual report for
the preceding fiscal year to the President and to the
appropriate congressional committees.
(B) Contents.--The report submitted under
subparagraph (A)--
(i) shall include a comprehensive, detailed
report of the Foundation's operations,
activities, financial condition, and
accomplishments under this Act;
(ii) should include any information
regarding allegations or reports on the misuse
of funds and how such allegations or reports
were addressed by the Foundation; and
(iii) may include such recommendations as
the Foundation determines to be appropriate.
(2) Testimony relating to report.--The Board members and
officers of the Foundation shall be available to testify before
appropriate committees of the Congress with respect to--
(A) the report required under paragraph (1);
(B) the report of any audit made by the Comptroller
General of the United States pursuant to subsection
(e); or
(C) any other matter requested by any such
committee.
(h) Grantee; Conflict of Interest.--A member of the Board of
Directors of the Foundation who serves as a member of the board of
directors or an officer of a grantee of the Foundation--
(1) may not receive compensation for services provided to
the grantee; and
(2) shall be entitled to reimbursement for travel and other
expenses incurred by the member in connection with the member's
other duties on behalf of such grantee.
SEC. 5. AGREEMENT BETWEEN FOUNDATION AND SUCCESSOR OR RELATED ENTITY TO
THE U.S. RUSSIA INVESTMENT FUND.
(a) Agreement Required.--The Foundation and any successor or
related entity to the U.S. Russia Investment Fund shall enter into a
memorandum of understanding for the purpose of--
(1) coordinating activities carried out by the Foundation
and the successor or related entity; and
(2) ensuring that the activities of 1 entity do not
duplicate the activities of the other entity.
(b) Deadline.--The Foundation and the successor or related entity
described in subsection (a) shall enter into the memorandum of
understanding described in subsection (a) by not later than the later
of--
(1) 90 days after the date of the enactment of this Act, if
the successor or related entity is established on or before the
date of the enactment of this Act; or
(2) 90 days after the date on which the successor or
related entity is established, if such entity is established
after the date of the enactment of this Act.
(c) Submission to Secretary of State and Congress.--Not later than
30 days after the date on which the parties enter into the memorandum
of understanding described in subsection (a), the Foundation and the
successor or related entity described in subsection (a) shall submit a
copy of the memorandum of understanding described in subsection (a) to
the Secretary of State and to the appropriate congressional committees.
(d) Successor or Related Entity to the U.S. Russia Investment Fund
Defined.--In this section, the terms ``successor or related entity to
the U.S. Russia Investment Fund'' and ``successor or related entity''
mean any organization, corporation, limited-liability partnership,
foundation, or other corporate structure that receives any or all of
the remaining funds of the U.S. Russia Investment Fund after the
liquidation of assets upon closure of the U.S. Russia Investment Fund.
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) Countries of eurasia.--The term ``countries of
Eurasia'' means Armenia, Azerbaijan, Belarus, Georgia,
Kazakhstan, the Kyrgyz Republic, Moldova, the Russian
Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $15,000,000 for fiscal year 2009; and
(2) such sums as may be necessary for fiscal year 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriation under subsection (a) are authorized to
remain available until the date that is 2 years after the last day of
the fiscal year for which the amount was appropriated. | Eurasia Foundation Act - Directs the Secretary of State to make an annual grant to the Eurasia Foundation to: (1) promote civil society, private enterprise, and public administration and policy in the countries of Eurasia; (2) strengthen indigenous institutions that foster national development, social change, economic growth, and cooperative international relationships consistent with U.S. interests in Eurasia; and (3) conduct programs in the countries of Eurasia that would be difficult or impossible for an official U.S. entity.
Sets forth provisions respecting: (1) grant eligibility; (2) audits; (3) recordkeeping; and (4) reports.
Directs the Foundation and any successor or related entity to the U.S. Russia Investment Fund to enter into a memorandum of understanding to: (1) coordinate activities carried out by the Foundation and the successor or related entity; and (2) ensure that the activities of one entity do not duplicate the activities of the other entity.
Authorizes FY2009-FY2010 appropriations. | {"src": "billsum_train", "title": "A bill to authorize grants to the Eurasia Foundation, and for other purposes."} | 2,646 | 208 | 0.607168 | 1.809035 | 0.818458 | 4.178947 | 12.957895 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonprofit Athletic Organization
Protection Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(2) Harm.--The term ``harm'' includes physical,
nonphysical, economic, and noneconomic losses.
(3) Noneconomic loss.--The term ``noneconomic loss'' means
any loss resulting from physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means--
(A) any organization which is described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code; or
(B) any not-for-profit organization which is
organized and conducted for public benefit and operated
primarily for charitable, civic, educational,
religious, welfare, or health purposes.
(5) Nonprofit athletic organization.--The term ``nonprofit
athletic organization'' means a nonprofit organization that has
as one of its primary functions the adoption of rules for
sanctioned or approved athletic competitions and practices. The
term includes the employees, agents, and volunteers of such
organization, provided such individuals are acting within the
scope of their duties with the nonprofit athletic organization.
(6) State.--The term ``State'' includes the District of
Columbia, and any commonwealth, territory, or possession of the
United States.
SEC. 3. LIMITATION ON LIABILITY FOR NONPROFIT ATHLETIC ORGANIZATIONS.
(a) Liability Protection for Nonprofit Athletic Organizations.--
Except as provided in subsections (b) and (c), a nonprofit athletic
organization shall not be liable for harm caused by an act or omission
of the nonprofit athletic organization in the adoption of rules for
sanctioned or approved athletic competitions or practices if--
(1) the nonprofit athletic organization was acting within
the scope of the organization's duties at the time of the
adoption of the rules at issue;
(2) the nonprofit athletic organization was, if required,
properly licensed, certified, or authorized by the appropriate
authorities for the competition or practice in the State in
which the harm occurred or where the competition or practice
was undertaken; and
(3) the harm was not caused by willful or criminal
misconduct, gross negligence, or reckless misconduct on the
part of the nonprofit athletic organization.
(b) Responsibility of Employees, Agents, and Volunteers to
Nonprofit Athletic Organizations.--Nothing in this section shall be
construed to affect any civil action brought by any nonprofit athletic
organization against any employee, agent, or volunteer of such
organization.
(c) Exceptions to Nonprofit Athletic Organization Liability
Protection.--If the laws of a State limit nonprofit athletic
organization liability subject to one or more of the following
conditions, such conditions shall not be construed as inconsistent with
this section:
(1) A State law that requires a nonprofit athletic
organization to adhere to risk management procedures, including
mandatory training of its employees, agents, or volunteers.
(2) A State law that makes the nonprofit athletic
organization liable for the acts or omissions of its employees,
agents, and volunteers to the same extent as an employer is
liable for the acts or omissions of its employees.
(3) A State law that makes a limitation of liability
inapplicable if the civil action was brought by an officer of a
State or local government pursuant to State or local law.
SEC. 4. PREEMPTION.
This Act preempts the laws of any State to the extent that such
laws are inconsistent with this Act, except that this Act shall not
preempt any State law that provides additional protection from
liability relating to the rule-making activities of nonprofit athletic
organizations.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the date of
enactment of this Act.
(b) Application.--This Act applies to any claim for harm caused by
an act or omission of a nonprofit athletic organization that is filed
on or after the effective date of this Act but only if the harm that is
the subject of the claim or the conduct that caused the harm occurred
on or after such effective date. | Nonprofit Athletic Organization Protection Act of 2003 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct.
States that this exemption shall not be construed to affect civil actions brought by nonprofit athletic organizations against their employees, agents, or volunteers.
Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government.
Preempts inconsistent State laws except for those that provide additional protections from liability relating to the rule-making activities of nonprofit athletic organizations. | {"src": "billsum_train", "title": "To provide immunity for nonprofit athletic organizations in lawsuits arising from claims of ordinary negligence relating to the passage or adoption of rules for athletic competitions and practices."} | 1,055 | 252 | 0.571667 | 1.602233 | 0.90577 | 5.626609 | 4.180258 | 0.974249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Biotechnology Investment Act
of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the oceans have for millennia been a source of food,
minerals and other natural products;
(2) molecular biology and biotechnology hold tremendous
potential to expand the range and increase the utility of
products from the oceans;
(3) marine biotechnology can improve the condition of
marine ecosystems by developing substitute products that
decrease the harvest pressure on living resources, improving
the production of aquaculture, providing new tools for
understanding ecological and evolutionary processes, and
improving the techniques for remediation of environmental
damage;
(4) the United States is currently preeminent in marine
biotechnology but its competitive edge is threatened by
inadequate public investment compared with other leaders in
this field; and
(5) in order to support job creation, stimulate private
sector investment, and maintain preeminence in marine
biotechnology, the United States should establish a national
program for marine biotechnology within the National Sea Grant
College Program and greatly increase its investment in this
promising new area of research and development.
SEC. 3. MARINE BIOTECHNOLOGY PROGRAM.
The National Sea Grant College Program Act (33 U.S.C. 1121 et seq.)
is amended by inserting after section 205 the following:
``SEC. 206A. MARINE BIOTECHNOLOGY PROGRAM.
``(a) Definition of Marine Biotechnology.--As used in this section
and section 203(4), the term `marine biotechnology' means the
application of molecular and cellular biology to marine and fresh water
organisms for the purpose of identifying, developing, and enhancing
products derived from those organisms.
``(b) Marine Biotechnology Program.--Subject to the availability of
appropriations under section 212(c), the National Sea Grant College
Program provided for under section 204 shall include a marine
biotechnology program under which the Secretary, acting through the
Director, shall--
``(1) make grants and enter into contracts in accordance
with this section; and
``(2) engage in other activities authorized under this Act;
to further research, development, risk assessment, education and
technology transfer in marine biotechnology.
``(c) Administration.--In carrying out the marine biotechnology
program, the Secretary shall--
``(1) coordinate the relevant activities of the directors
of the sea grant colleges and the Marine Biotechnology Review
Panel established under subsection (f); and
``(2) provide general oversight of the review process under
subsection (f)(1) to ensure that the marine biotechnology
program produces the highest quality research, development,
education, and technology transfer.
``(d) Grants and Contracts.--
``(1) Applications.--Applications for grants and contracts
under this subsection shall be--
``(A) made in such form and manner, and include
such content and submissions, as the Secretary shall by
regulation prescribe;
``(B) forwarded through the appropriate directors
of sea grant colleges to the National Sea Grant Office;
and
``(C) reviewed by the Marine Biotechnology Review
Panel in accordance with subsection (f).
``(2) Terms and conditions.--Any reference in subsection
(d) of section 205 or in the last sentence of subsection (a) of
section 205 to grants and contracts provided for under that
section shall be treated, as the context requires, as including
any grant applied for or made, or contract applied for or
entered into, under this section.
``(3) Awarding of grants and contracts.--
``(A) Panel recommendations.--Subject to
subparagraph (B) and subsection (e), the Secretary
shall award grants and contracts under this section on
the basis of the recommendations for award made by the
Marine Biotechnology Review Panel under subsection (f).
``(B) General exceptions.--The Secretary shall not
award a grant or contract if the Secretary determines
that the award--
``(i) is based on a recommendation from the
Panel that may involve a conflict of interest;
``(ii) fails to meet the requirements of
this section; or
``(iii) fails to comply with relevant
governmental or institutional procedures for
the management of external grant or contract
programs.
``(C) Exception relating to genetically modified
organisms.--The Secretary shall not award a grant or
contract involving the release of genetically modified
organisms, as defined in subsection (e)(1), unless the
activities proposed in the grant or contract that
involve genetically modified organisms--
``(i) have been reviewed and approved under
other applicable Federal law; or
``(ii) are found by the Secretary, based on
a written assessment, to pose no significant
environmental risk.
``(D) Documentation.--The Secretary shall document,
and promptly inform the Panel of, each recommended
award that is rejected under subparagraph (B) or (C).
``(E) Funding.--Grants made, and contracts entered
into, under this section shall be funded with moneys
available from appropriations made pursuant to the
authorization provided for under section 212(c).
``(e) Research on Genetically Modified Organisms.--
``(1) Definition.--As used in this subsection, the term
`genetically modified organism' means a living marine or
freshwater organism in which the genetic material has been
purposely altered at the molecular or cellular level in a way
that could not result from the natural reproductive process of
that species.
``(2) Safe conduct of certain research.--The Secretary
shall ensure that any activity funded by the National Sea Grant
College Program involving genetically modified organisms
complies with--
``(A) the guidelines for research involving
recombinant DNA molecules published in the Federal
Register on May 7, 1986 (51 F.R. 16958 et seq.); and
``(B) when promulgated (unless paragraph (3)
applies), the performance standards for safely
conducting research involving genetically modified
finfish and shellfish developed by the Agricultural
Biotechnology Research Advisory Committee.
``(3) Sea grant program performance standards.--The
performance standards referred to in subparagraph 2(B) shall
not apply if the Secretary publishes in the Federal Register
performance standards for the National Sea Grant College
Program for safely conducting research involving genetically
modified finfish and shellfish.
``(4) Termination of award.--The Secretary shall promptly
withdraw any award of the National Sea Grant College Program
for activities involving genetically modified organisms if the
Secretary determines that the grantee or contractee in question
has failed to abide by the guidelines and applicable
performance standards referred to in this subsection.
``(f) Marine Biotechnology Review Panel.--
``(1) Establishment and duties.--Subject to the
availability of appropriations under section 212(c), the
Director, in consultation with the directors of the sea grant
colleges, shall convene a panel, to be known as the Marine
Biotechnology Review Panel, that shall--
``(A) review, on a competitive basis, the
applications made under this section for grants and
contracts to determine their respective scientific,
technical, educational, and commercial merits and
likely contributions toward achieving the purposes of
this section; and
``(B) on the basis of the review under subparagraph
(A), and with due regard for the overall balance and
coordination of the marine biotechnology program, make
recommendations to the Secretary regarding the awarding
of grants and contracts under this section.
``(2) Composition.--The Marine Biotechnology Review Panel
shall--
``(A) consist of not more than 15 individuals with
scientific or technical expertise in marine
biotechnology or relevant related fields, including at
least 1 qualified individual with expertise in marine
or freshwater ecological risk assessment;
``(B) reflect a balance among areas of expertise
consistent with the purposes of this section;
``(C) not include Federal employees or directors of
sea grant colleges; and
``(D) reflect geographic balance, consistent with
the primary objectives of a high level expertise and
balance among areas of expertise.
``(3) Allowances.--Each member of the Marine Biotechnology
Review Panel shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
``(4) FACA not applicable.--The Federal Advisory Committee
Act does not apply to the Marine Biotechnology Review Panel.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the National Sea Grant College Program Act (33
U.S.C. 1131) is amended--
(1) by striking out ``209,'' in subsection (b) and
inserting ``209 but not including section 206A,'';
(2) by redesignating subsections (c), (d), and (e) as
subsection (d), (e), and (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Marine Biotechnology Program.--
``(1) Grants and contracts.--There is authorized to be
appropriated to carry out the provisions of section 206A (other
than for administration) an amount--
``(A) for each of fiscal years 1994 and 1995, not
to exceed $20,000,000; and
``(B) for each of fiscal year 1996 and 1997, not to
exceed $25,000,000.
``(2) Administration.--There is authorized to be
appropriated for the administration of section 206A, an
amount--
``(A) for each of fiscal years 1994 and 1995, not
to exceed $200,000; and
``(B) for each of fiscal years 1996 and 1997, not
to exceed $250,000.''.
SEC. 5. DEFINITION.
Section 203(4) of the National Sea Grant College Program Act (33
U.S.C. 1122(4)) is amended by inserting ``marine biotechnology,'' after
``marine technology,''.
Passed the House of Representatives July 13, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Marine Biotechnology Investment Act of 1993 - Amends the National Sea Grant College Program Act to establish: (1) a program to further research, development, risk assessment, education, and technology transfer in marine biotechnology, regulating research on genetically modified organisms; and (2) the Marine Biotechnology Review Panel.
Authorizes appropriations. | {"src": "billsum_train", "title": "Marine Biotechnology Investment Act of 1993"} | 2,230 | 72 | 0.627069 | 1.527848 | 1.303556 | 4.444444 | 32.761905 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridgeport Indian Colony Land Trust,
Health, and Economic Development Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Bridgeport Indian Colony is a federally recognized
Indian tribe with a reservation located near the town of
Bridgeport, in Mono County, California.
(2) The Tribe's reservation is approximately 40 acres, and
was established by Federal law in 1974.
(3) The reservation lands are insufficient for the Tribe's
housing and community development needs.
(4) The Tribe's reservation is located approximately 0.24
miles from Highway 182.
(5) Between the Tribe's reservation and Highway 182 is an
undeveloped piece of Federal land, of which a 31.86 acre parcel
would be suitable to be added to the reservation and held in
trust by the United States for the benefit of the Tribe.
(6) The expansion of the reservation will facilitate a
much-needed expansion of the Tribe's ability to provide housing
for its membership, a community activity center, and tribal
economic development.
(7) Many tribal members have expressed interest in moving
back to the reservation if housing and job opportunities can be
made available.
(8) A large portion of the nongovernmental labor force and
business in Mono County is seasonal in nature, and unemployment
in Mono County is approximately 10 percent.
(9) Transfer of this parcel, to be held in trust for the
Tribe, will expedite the creation of job opportunities in this
rural community for both tribal members and the non-Indian
community.
(10) In addition to the need for expansion of the
reservation, the Tribe has significant health needs that could
be facilitated by a separate Federal parcel being held in trust
by the United States for the benefit of the Tribe.
(11) The Tribe is a member of the Toiyabe Indian Health
Project, a nonprofit consortium of area Indian tribes which
provides the Indian and non-Indian residents of the area with
health care services, partially funded by the Indian Health
Service.
(12) The Toiyabe Indian Health Project operates other
facilities in Bishop and Lone Pine, California.
(13) In the 1980s, the Tribe applied for and received a
Community Development Block Grant from the Department of
Housing and Urban Development in order to build a healthcare
facility in Mono County.
(14) With Toiyabe Indian Health Project directing the
project, the Camp Antelope Health Clinic was built on a 7.16
acre parcel of Federal land one mile north of Walker,
California, approximately 30 miles from the Tribe's
reservation.
(15) The Toiyabe Indian Health Project closed the Camp
Antelope Health Clinic in 2006.
(16) The Tribe and the Toiyabe Indian Health Project have
agreed that the health clinic needs to be reopened.
(17) Tribal members have to drive 90 miles to Bishop to
obtain Indian healthcare services.
(18) Taking the additional land into trust will assist the
Tribe and the Toiyabe Indian Health Project in providing
healthcare services to Indians and non-Indians in the area.
(19) The investment of Federal funds in the development of
the health clinic adds to the importance of maintaining the
parcel under Federal ownership.
(20) On October 20, 2009, the Mono County Board of
Supervisors voted to support the transfer of land into trust
under this Act.
(21) On April 20, 2010, the Mono County Board of
Supervisors agreed unanimously to enter into a Memorandum of
Understanding with the Tribe, thus supporting the Tribe's
efforts to have these parcels of land transferred into trust
SEC. 3. LANDS TO BE TAKEN INTO TRUST.
(a) In General.--Subject to valid existing rights, all right,
title, and interest (including improvements and appurtenances) of the
United States in and to the Federal lands described in subsection (b)
are hereby declared to be held in trust by the United States for the
benefit of the Bridgeport Indian Colony.
(b) Federal Lands Described.--The Federal lands referred to in
subsection (a) are the approximately 39.36 acres described as follows:
(1) The South half of the South half of the Northwest
quarter of the Northwest quarter of the Northeast quarter and
the North half of the Southwest quarter of the Northwest
quarter of the Northeast quarter of Section 21, Township 8
North, Range 23 East, Mount Diablo Meridian, containing 7.5
acres, more or less, as identified on the map titled
``Bridgeport Camp Antelope Parcel''.
(2) Lots 1 and 2 of the survey plat attached, containing
31.86 acres, more or less. | Bridgeport Indian Colony Land Trust, Health, and Economic Development Act of 2010 - Declares certain federal lands in Mono County, California, to be held in trust by the United States for the benefit of the Bridgeport Indian Colony. | {"src": "billsum_train", "title": "To take certain Federal lands in Mono County, California, into trust for the benefit of the Bridgeport Indian Colony."} | 1,009 | 54 | 0.560004 | 1.391974 | 0.674205 | 6.116279 | 22.418605 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supercomputer Post-shipment
Verification Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Section 1213 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1934)
requires the Secretary of Commerce to conduct post-shipment
verification of each digital computer with a composite
theoretical performance of more than 2,000 millions of
theoretical operations per second (MTOPS) that is exported from
the United States on or after November 18, 1997, to countries
specified in section 1213(b) of that Act.
(2) Section 1213(b) of that Act identified the countries
covered by the post-shipment verification requirement as those
countries listed as ``Computer Tier 3'' eligible countries in
section 740.7 of title 15 of the Code of Federal Regulations,
as in effect on June 10, 1997. Computer Tier 3 countries are
countries that have been identified as countries of concern for
national security or proliferation reasons such as Russia, the
People's Republic of China, India, Pakistan, and Israel.
(3) Section 1213 of that Act also requires the Secretary of
Commerce to submit an annual report to congressional committees
on the results of post-shipment verifications required by that
section during the preceding year.
(4) The Committee on Armed Services of the House of
Representatives received the first of these reports on January
7, 1999. The report identified 390 high-performance computers
as having been exported to Computer Tier 3 countries during the
period beginning on November 18, 1997, and ending on November
17, 1998.
(5) The report also identified 286 supercomputer exports
covered by the post-shipment verification requirement for which
a post-shipment verification was not conducted.
(6) The report stated that 190 of the instances where a
post-shipment verification was not conducted involved exports
to the People's Republic of China. The Secretary of Commerce
reported that the People's Republic of China did not allow
post-shipment verifications to be conducted.
(7) Because post-shipment verifications were not conducted
in a number of instances, the United States Government does not
know if the computers in question are being used for benign
commercial purposes, or for purposes that benefit military or
proliferation promoting projects.
SEC. 3. AMENDMENT TO THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL
YEAR 1998.
(a) Annual Report.--Section 1213 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1934) is amended by striking subsection (c) and inserting the
following:
``(c) Annual Report.--The Secretary of Commerce shall submit, on
January 1 of each year, a report to the congressional committees
specified in section 1215 on the results of post-shipment verifications
conducted under this section covering exports carried out during the
preceding fiscal year. Each such report shall include a list of all the
items subject to the post-shipment verifications that were so exported
and, with respect to each such export, the following:
``(1) The destination country.
``(2) The date of export.
``(3) The intended end use and intended end user.
``(4) The results of the post-shipment verification.''.
(b) Moratorium on Exports.--Section 1213 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
1934) is further amended by adding at the end the following:
``(e) Moratorium on Export of Supercomputers Until Post-Shipment
Verifications Have Been Conducted.--
``(1) For exports prior to october 1, 1998.--Until all post
shipment verifications required by subsection (a) have been
conducted for exports carried out during the period beginning
on November 18, 1997, and ending on September 30, 1998, no
digital computers with a composite theoretical performance of
more than 2,000 MTOPS may be exported or reexported to a
country specified in subsection (f).
``(2) For subsequent exports.--Until all post shipment
verifications required by subsection (a) have been conducted
for exports carried out during the period addressed in each
report required by subsection (c), no digital computers with a
composite theoretical performance of more than 2,000 MTOPS may
be exported or reexported to a country specified in subsection
(f).
``(f) Countries Covered by Moratorium.--For the purposes of
subsection (e), a country specified in this subsection is a country
that has been the recipient of the export of any computer described in
subsection (a) for which the post-shipment verification required by
subsection (a) has not been conducted.''.
SEC. 4. REPORTS.
(a) Report on Delinquent Post-Shipment Verifications.--When all
post-shipment verifications are conducted with respect to a country to
fulfill the requirements of section 1213(e) of the National Defense
Authorization Act for Fiscal Year 1998, as added by section 3 of this
Act, the Secretary of Commerce shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report on the results of those post-shipment
verifications. The report shall include a list identifying all the
items subject to the post-shipment verifications that were exported
from the United States to that country during the applicable time
period specified in paragraph (1) or (2) of such section 1213(e) and,
with respect to each such export, the following:
(1) The date of export.
(2) The intended end use and intended end user.
(3) The results of the post-shipment verification.
(b) Report on Impact of Supercomputer Exports on National
Security.--The Secretary of Defense shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives a report on the impact on national security of
the export of digital computers with a composite theoretical
performance of more than 2,000 MTOPS to countries listed as ``Computer
Tier 3'' eligible countries in section 740.7 of title 15 of the Code of
Federal Regulations, as in effect on June 10, 1997. This report shall
be submitted not later than 120 days after the date of the enactment of
this Act. The report shall be submitted in both classified and
unclassified form. | Supercomputer Post-shipment Verification Act of 1999 - Prohibits the export or reexport of digital computers with a composite theoretical performance of more than 2,000 MTOPS to a country that has been a recipient of such exports for which post-shipment verifications have not been made during the period beginning on November 18, 1997, and ending September 30, 1998. Prohibits the subsequent export or reexport of such computers to such country until all post-shipment verifications have been made.
Requires the Secretary of Commerce to report annually to specified congressional committees on the results of post-shipment verifications during the previous fiscal year.
Directs the Secretary of Defense to report to specified congressional committees on the impact on national security of the export of such computers to countries listed as "Computer Tier 3" eligible under section 740.7 of title 15 of the Code of Federal Regulations. | {"src": "billsum_train", "title": "Supercomputer Post-shipment Verification Act of 1999"} | 1,403 | 198 | 0.706951 | 2.175594 | 0.748156 | 4.08642 | 8.179012 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fish and Wildlife
Foundation Establishment Act Amendments of 1998''.
SEC. 2. PURPOSES.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(b)) is amended by striking paragraph
(1) and inserting the following:
``(1) to encourage, accept, and administer private gifts of
property for the benefit of, or in connection with, the
activities and services of the Department of the Interior or
the Department of Commerce, particularly the United States Fish
and Wildlife Service and the National Oceanic and Atmospheric
Administration, to further the conservation and management of
fish, wildlife, and plant resources;''.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--Section 3 of the National Fish
and Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended
by striking subsection (a) and inserting the following:
``(a) Establishment and Membership.--
``(1) In general.--The Foundation shall have a governing
Board of Directors (referred to in this Act as the `Board'),
which shall consist of 25 Directors appointed in accordance
with subsection (b), each of whom shall be a United States
citizen.
``(2) Representation of diverse points of view.--To the
maximum extent practicable, the membership of the Board shall
represent diverse points of view relating to conservation and
management of fish, wildlife, and plants.
``(3) Not federal employees.--Appointment as a Director of
the Foundation shall not constitute employment by, or the
holding of an office of, the United States for the purpose of
any Federal law.''.
(b) Appointment and Terms.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
striking subsection (b) and inserting the following:
``(b) Appointment and Terms.--
``(1) Agency heads.--The Director of the United States Fish
and Wildlife Service and the Under Secretary of Commerce for
Oceans and Atmosphere shall be Directors of the Foundation.
``(2) Appointments by the secretary of the interior.--
``(A) In general.--Subject to subparagraph (B),
after consulting with the Secretary of Commerce and
considering the recommendations submitted by the Board,
the Secretary of the Interior shall appoint 23
Directors who meet the criteria established by
subsection (a), of whom--
``(i) at least 6 shall be knowledgeable or
experienced in fish and wildlife conservation;
``(ii) at least 4 shall be educated or
experienced in the principles of fish and
wildlife management; and
``(iii) at least 4 shall be knowledgeable
or experienced in ocean and coastal resource
conservation.
``(B) Transition provision.--
``(i) Continuation of terms.--The 15
Directors serving on the Board as of the date
of enactment of this paragraph shall continue
to serve until the expiration of their terms.
``(ii) New directors.--The Secretary of the
Interior shall appoint 8 new Directors; to the
maximum extent practicable those appointments
shall be made not later than 45 calendar days
after the date of enactment of this paragraph.
``(3) Terms.--
``(A) In general.--Subject to subparagraph (B),
each Director (other than a Director described in
paragraph (1)) shall be appointed for a term of 6
years.
``(B) Initial appointments to new member
positions.--Of the Directors appointed by the Secretary
of the Interior under paragraph (2)(B)(ii), the
Secretary shall appoint--
``(i) 2 Directors for a term of 2 years;
``(ii) 3 Directors for a term of 4 years;
and
``(iii) 3 Directors for a term of 6 years.
``(4) Vacancies.--
``(A) In general.--The Secretary of the Interior
shall fill a vacancy on the Board; to the maximum
extent practicable the vacancy shall be filled not
later than 45 calendar days after the occurrence of the
vacancy.
``(B) Term of appointments to fill unexpired
terms.--An individual appointed to fill a vacancy that
occurs before the expiration of the term of a Director
shall be appointed for the remainder of the term.
``(5) Reappointment.--An individual (other than an
individual described in paragraph (1)) shall not serve more
than 2 consecutive terms as a Director, excluding any term of
less than 6 years.''.
(c) Procedural Matters.--Section 3 of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702) is amended by
adding at the end the following:
``(h) Procedural Matters.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Foundation.''.
(d) Technical Amendments.--
(1) Section 4(c)(5) of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3703(c)(5)) is amended
by striking ``Directors of the Board'' and inserting
``Directors of the Foundation''.
(2) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended by striking
``Secretary'' and inserting ``Secretary of the Interior or the
Secretary of Commerce''.
(3) Section 6 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3705) is amended by inserting ``or
the Department of Commerce'' after ``Department of the
Interior''.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) Principal Office of the Foundation.--Section 4(a)(3) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(a)(3)) is amended by inserting after ``the District of Columbia''
the following: ``or in a county in the State of Maryland or Virginia
that borders on the District of Columbia''.
(b) Investment and Deposit of Federal Funds.--Section 4(c) of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703(c)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) to invest any funds provided to the Foundation by the
Federal Government in obligations of the United States or in
obligations or securities that are guaranteed or insured by the
United States;
``(4) to deposit any funds provided to the Foundation by
the Federal Government into accounts that are insured by an
agency or instrumentality of the United States;
``(5) to make use of any interest or investment income that
accrues as a consequence of actions taken under paragraph (3)
or (4) to carry out the purposes of the Foundation;
``(6) to use Federal funds to make payments under
cooperative agreements entered into with willing private
landowners to provide substantial long-term benefits for the
restoration or enhancement of fish, wildlife, and plant
resources on private land;''.
(c) Agency Approval of Acquisitions of Property.--Section 4(e)(1)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) the Foundation notifies the Federal agency that
administers the program under which the funds were provided of
the proposed acquisition, and the agency does not object in
writing to the proposed acquisition within 45 calendar days
after the date of the notification.''.
(d) Repeal.--Section 304 of Public Law 102-440 (16 U.S.C. 3703
note) is repealed.
(e) Agency Approval of Conveyances and Grants.--Section 4(e)(3)(B)
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3703(e)(3)(B)) is amended by striking clause (ii) and inserting
the following:
``(ii) the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided of the proposed conveyance or provision of Federal
funds, and the agency does not object in writing to the
proposed conveyance or provision of Federal funds within 45
calendar days after the date of the notification.''.
(f) Reconveyance of Real Property.--Section 4(e) of the National
Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3703(e)) is
amended by striking paragraph (5) and inserting the following:
``(5) Reconveyance of real property.--The Foundation shall
convey at not less than fair market value any real property
acquired by the Foundation in whole or in part with Federal
funds if the Foundation notifies the Federal agency that
administers the Federal program under which the funds were
provided, and the agency does not disagree within 45 calendar
days after the date of the notification, that--
``(A) the property is no longer valuable for the
purpose of conservation or management of fish,
wildlife, and plants; and
``(B) the purposes of the Foundation would be
better served by use of the proceeds of the conveyance
for other authorized activities of the Foundation.''.
(g) Termination of Condemnation Limitation.--Section 4 of the
National Fish and Wildlife Foundation Establishment Act (16 U.S.C.
3703) is amended by striking subsection (d).
(h) Expenditures for Printing Services or Capital Equipment.--
Section 4 of the National Fish and Wildlife Foundation Establishment
Act (16 U.S.C. 3703) (as amended by subsection (g)) is amended by
inserting after subsection (c) the following:
``(d) Expenditures for Printing Services or Capital Equipment.--The
Foundation shall not make any expenditure of Federal funds in
connection with any 1 transaction for printing services or capital
equipment that is greater than $10,000 unless the expenditure is
approved by the Federal agency that administers the Federal program
under which the funds were provided.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3709) is amended by striking subsections
(a), (b), and (c) and inserting the following:
``(a) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this Act for each of fiscal years 1999 through
2003--
``(A) $25,000,000 to the Department of the
Interior; and
``(B) $5,000,000 to the Department of Commerce.
``(2) Requirement of advance payment.--The amount made
available for a fiscal year under paragraph (1) shall be
provided to the Foundation in an advance payment of the entire
amount on October 1, or as soon as practicable thereafter, of
the fiscal year.
``(3) Use of appropriated funds.--Subject to paragraph (4),
amounts made available under paragraph (1) shall be provided to
the Foundation for use for matching, on a 1-to-1 basis,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(4) Prohibition on use for administrative expenses.--No
Federal funds made available under paragraph (1) shall be used
by the Foundation for administrative expenses of the
Foundation, including for salaries, travel and transportation
expenses, and other overhead expenses.
``(b) Additional Authorization.--
``(1) In general.--In addition to the amounts authorized to
be appropriated under subsection (a), the Foundation may accept
Federal funds from a Federal agency under any other Federal law
for use by the Foundation to further the conservation and
management of fish, wildlife, and plant resources in accordance
with the requirements of this Act.
``(2) Use of funds accepted from federal agencies.--Federal
funds provided to the Foundation under paragraph (1) shall be
used by the Foundation for matching, in whole or in part,
contributions (whether in currency, services, or property) made
to the Foundation by private persons and State and local
government agencies.
``(c) Prohibition on Use of Grant Amounts for Litigation and
Lobbying Expenses.--Amounts provided as a grant by the Foundation shall
not be used for--
``(1) any expense related to litigation; or
``(2) any activity the purpose of which is to influence
legislation pending before Congress.''.
SEC. 6. LIMITATION ON AUTHORITY.
The National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.) is amended by adding at the end the following:
``SEC. 11. LIMITATION ON AUTHORITY.
``Nothing in this Act authorizes the Foundation to perform any
function the authority for which is provided to the National Park
Foundation by Public Law 90-209 (16 U.S.C. 19e et seq.).''.
Passed the Senate October 6 (legislative day, October 2),
1998.
Attest:
GARY SISCO,
Secretary. | National Fish and Wildlife Foundation Establishment Act Amendments of 1998 - Amends the National Fish and Wildlife Foundation Establishment Act (the Act) to expand the National Fish and Wildlife Foundation's authority to accept and administer private gifts within the Departments of Commerce and the Interior.
(Sec. 3) Increases the Foundation's Board of Directors from 15 to 25 members, including the Director of the United States Fish and Wildlife Service and the Under Secretary of Commerce for Oceans and Atmosphere.
(Sec. 4) Authorizes the Foundation to have its principal offices in Washington, D.C. (as currently provided), or in the bordering counties of Maryland and Virginia.
Sets forth conditions for the Foundation to: (1) acquire and convey property, including agency approval; and (2) invest and deposit Federal funds.
Revises provisions relating to agency approval of acquisitions of property and of conveyances and grants. Sets forth limitations relating to the Foundation's: (1) reconveyance of real property; and (2) expenditures for printing services or capital equipment.
Repeals an exemption from State or local government condemnation for Foundation lands, water, and interests valuable for fish and wildlife conservation or management.
Amends the Wild Bird Conservation Act of 1992 to repeal specified grant and audit provisions with respect to the Foundation.
(Sec. 5) Authorizes appropriations through FY 2003 for the Departments of Commerce and the Interior to carry out activities under the Act. Authorizes the Foundation to accept funds from a Federal agency under any other Federal law to further its conservation activities. Sets forth matching fund requirements.
Prohibits Foundation grants from being used for litigation expenses or for lobbying the Congress.
(Sec. 6) Declares that nothing in the Act authorizes the Foundation to perform any function for which authority is provided to the National Park Foundation by specified Federal law. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Establishment Act Amendments of 1998"} | 2,998 | 402 | 0.572073 | 1.851991 | 0.767011 | 2.818942 | 7.440111 | 0.846797 |
SECTION 1. IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS.
(a) Short Title.--This section may be cited as the ``Immigrants to
New Americans Act''.
(b) Findings.--Congress finds the following:
(1) In 1997, there were an estimated 25,800,000 foreign-
born individuals residing in the United States. That number is
the largest number of such foreign-born individuals ever in
United States history and represents a 6,000,000, or 30
percent, increase over the 1990 census figure of 19,800,000 of
such foreign-born individuals. The Bureau of the Census
estimates that the recently arrived immigrant population
(including the refugee population) currently residing in the
Nation will account for 75 percent of the population growth in
the United States over the next 50 years.
(2) For millions of immigrants settling into the Nation's
hamlets, towns, and cities, the dream of ``life, liberty, and
the pursuit of happiness'' has become a reality. The wave of
immigrants, from various nationalities, who have chosen the
United States as their home, has positively influenced the
Nation's image and relationship with other nations. The diverse
cultural heritage of the Nation's immigrants has helped define
the Nation's culture, customs, economy, and communities. By
better understanding the people who have immigrated to the
Nation, individuals in the United States better understand what
it means to be an American.
(3) There is a critical shortage of teachers with the
skills needed to educate immigrant students and their families
in nonconcentrated, nontraditional, immigrant communities as
well as communities with large immigrant populations. The large
influx of immigrant families over the last decade presents a
national dilemma: The number of such families with school-age
children, requiring assistance to successfully participate in
elementary schools, secondary schools, and communities in the
United States, is increasing without a corresponding increase
in the number of teachers with skills to accommodate their
needs.
(4) Immigrants arriving in communities across the Nation
generally settle into high-poverty areas, where funding for
programs to provide immigrant students and their families with
the services the students and families need to successfully
participate in elementary schools, secondary schools, and
communities in the United States is inadequate.
(5) The influx of immigrant families settling into many
United States communities is often the result of concerted
efforts by local employers who value immigrant labor. Those
employers realize that helping immigrants to become productive,
prosperous members of a community is beneficial for the local
businesses involved, the immigrants, and the community.
Further, local businesses benefit from the presence of the
immigrant families because the families present businesses with
a committed and effective workforce and help to open up new
market opportunities. However, many of the communities into
which the immigrants have settled need assistance in order to
give immigrant students and their families the services the
students and families need to successfully participate in
elementary schools, secondary schools, and communities, in the
United States.
(c) Purpose.--The purpose of this section is to establish a grant
program, within the Department of Education, that provides funding to
partnerships of local educational agencies and community-based
organizations for the development of model programs to provide to
immigrant students and their families the services the students and
families need to successfully participate in elementary schools,
secondary schools, and communities, in the United States.
(d) Definitions.--In this section:
(1) Community-based organization; elementary school; local
educational agency; secondary school.--The terms ``community-
based organization'', ``elementary school'', ``local educational
agency'', and ``secondary school'' have the meanings given the terms in
section 14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(2) Immigrant.--The term ``immigrant'' has the meaning
given the term in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(e) Program Authorized.--
(1) In general.--The Secretary is authorized to award not
more than 10 grants in a fiscal year to eligible partnerships
for the design and implementation of model programs to--
(A) assist immigrant students to achieve in
elementary schools and secondary schools in the United
States by offering such educational services as English
as a second language classes, literacy programs,
programs for introduction to the education system, and
civics education; and
(B) assist parents of immigrant students by
offering such services as parent education and literacy
development services and by coordinating activities
with other entities to provide comprehensive community
social services such as health care, job training,
child care, and transportation services.
(2) Duration.--Each grant awarded under this section shall
be awarded for a period of not more than 5 years. A partnership
may use funds made available through the grant for not more
than 1 year for planning and program design.
(f) Applications for Grants.--
(1) In general.--Each eligible partnership desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
(2) Eligible partnerships.--To be eligible to receive a
grant under this section, a partnership--
(A) shall include--
(i) at least 1 local educational agency;
and
(ii) at least 1 community-based
organization; and
(B) may include another entity such as an
institution of higher education, a local or State
government agency, a private sector entity, or another
entity with expertise in working with immigrants.
(3) Required documentation.--Each application submitted by
a partnership under this section for a proposed program shall
include documentation that--
(A) the partnership has the qualified personnel
required to develop, administer, and implement the
proposed program; and
(B) the leadership of each participating school has
been involved in the development and planning of the
program in the school.
(4) Other application contents.--Each application submitted
by a partnership under this section for a proposed program
shall include--
(A) a list of the organizations entering into the
partnership;
(B) a description of the need for the proposed
program, including data on the number of immigrant
students, and the number of such students with limited
English proficiency, in the schools or school districts
to be served through the program and the
characteristics of the students described in this
subparagraph, including--
(i) the native languages of the students to
be served;
(ii) the proficiency of the students in
English and the native languages;
(iii) achievement data for the students
in--
(I) reading or language arts (in
English and in the native languages, if
applicable); and
(II) mathematics; and
(iv) the previous schooling experiences of
the students;
(C) a description of the goals of the program;
(D) a description of how the funds made available
through the grant will be used to supplement the basic
services provided to the immigrant students to be
served;
(E) a description of activities that will be
pursued by the partnership through the program,
including a description of--
(i) how parents, students, and other
members of the community, including members of
private organizations and nonprofit
organizations, will be involved in the design and implementation of the
program;
(ii) how the activities will further the
academic achievement of immigrant students
served through the program;
(iii) methods of teacher training and
parent education that will be used or developed
through the program, including the
dissemination of information to immigrant
parents, that is easily understandable in the
language of the parents, about educational
programs and the rights of the parents to
participate in educational decisions involving
their children; and
(iv) methods of coordinating comprehensive
community social services to assist immigrant
families;
(F) a description of how the partnership will
evaluate the progress of the partnership in achieving
the goals of the program;
(G) a description of how the local educational
agency will disseminate information on model programs,
materials, and other information developed under this
section that the local educational agency determines to
be appropriate for use by other local educational
agencies in establishing similar programs to facilitate
the educational achievement of immigrant students;
(H) an assurance that the partnership will annually
provide to the Secretary such information as may be
required to determine the effectiveness of the program;
and
(I) any other information that the Secretary may
require.
(g) Selection of Grantees.--
(1) Criteria.--The Secretary, through a peer review
process, shall select partnerships to receive grants under this
section on the basis of the quality of the programs proposed in
the applications submitted under subsection (f), taking into
consideration such factors as--
(A) the extent to which the program proposed in
such an application effectively addresses differences
in language, culture, and customs;
(B) the quality of the activities proposed by a
partnership;
(C) the extent of parental, student, and community
involvement;
(D) the extent to which comprehensive community
social services are made available;
(E) the quality of the plan for measuring and
assessing success; and
(F) the likelihood that the goals of the program
will be achieved.
(2) Geographic distribution of programs.--The Secretary
shall approve applications under this section in a manner that
ensures, to the extent practicable, that programs assisted
under this section serve different areas of the Nation,
including urban, suburban, and rural areas, with special
attention to areas that are experiencing an influx of immigrant
groups (including refugee groups), and that have limited prior
experience in serving the immigrant community.
(h) Evaluation and Program Development.--
(1) Requirement.--Each partnership receiving a grant under
this section shall--
(A) conduct a comprehensive evaluation of the
program assisted under this section, including an
evaluation of the impact of the program on students,
teachers, administrators, parents, and others; and
(B) prepare and submit to the Secretary a report
containing the results of the evaluation.
(2) Evaluation report components.--Each evaluation report
submitted under this section for a program shall include--
(A) data on the partnership's progress in achieving
the goals of the program;
(B) data showing the extent to which all students
served by the program are meeting the State's student
performance standards, including--
(i) data comparing the students served to
other students, with regard to grade retention
and academic achievement in reading and
language arts, in English and in the native
languages of the students if the program
develops native language proficiency, and in
mathematics; and
(ii) a description of how the activities
carried out through the program are coordinated
and integrated with the overall school program
of the school in which the program described in
this section is carried out, and with other
Federal, State, or local programs serving
limited English proficient students;
(C) data showing the extent to which families
served by the program have been afforded access to
comprehensive community social services; and
(D) such other information as the Secretary may
require.
(i) Administrative Funds.--A partnership that receives a grant
under this section may use not more than 5 percent of the grant funds
received under this section for administrative purposes.
(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2001 and such sums as may be necessary for each of the
4 succeeding fiscal years. | Limits the number of such grants to ten in a fiscal year. Limits the duration of any such grant to five years, with not more than one year for planning and design. Requires that each partnership eligible to receive such a grant include at least one local educational agency and at least one community-based organization. Allow such a partnership to include another entity such as an institution of higher education, a local or State government agency, a private sector entity, or another entity with expertise in working with immigrants.
Authorizes appropriations. | {"src": "billsum_train", "title": "Immigrants to New Americans Act"} | 2,487 | 118 | 0.340679 | 0.953699 | 0.43337 | 4.048544 | 23.543689 | 0.883495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Television Transition
Consumer Relief Act of 2008''.
SEC. 2. TEMPORARY DUTY SUSPENSION AND RELIQUIDATION OF CERTAIN DIGITAL-
TO-ANALOG CONVERTER BOXES AND TELEVISION TUNERS.
(a) Findings.--Congress finds the following:
(1) The Digital Television Transition and Public Safety Act
of 2005 (Public Law 109-171) provided that all full power
television broadcasts be switched to digital format on February
17, 2009.
(2) Nearly 20,000,000 United States consumers do not
subscribe to cable or satellite television service and millions
more have untethered television sets that only receive over-
the-air signals.
(3) Upon the conversion to the digital format mandated by
Congress, these households will no longer receive any
television signal unless they are equipped with digital-to-
analog converters.
(4) Low and middle income families, rural residents,
American Indians, senior citizens, the infirmed and the
physically and mentally impaired are less likely to own
television sets capable of receiving a digital signal without
the purchase of digital-to-analog converters.
(5) The conversion to an all digital format should not
place an unfair economic burden on those families of the United
States least able to afford it.
(6) The U.S. Customs and Border Protection agency is
collecting an import tax, or duty, on converter boxes, which
adds to the costs of converting to receiving a digital signal.
(b) Sense of Congress.--It is the sense of Congress that the costs
to convert to an all digital format should be affordable for all people
of the United States, and especially those of lower incomes.
(c) Definition of Digital-to-Analog Converter Box.--The U.S. Notes
at the beginning of subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by adding at the end
the following:
``20. For purposes of headings 9902.85.28 and 9902.85.29, the term
`digital-to-analog converter box' means a stand-alone device that does
not contain features or functions except those necessary to enable a
consumer to convert any channel broadcast in the digital television
service into a format that the consumer can display on television
receivers designed to receive and display signals only in the analog
television service, but may also include a remote control device.''.
(d) Temporary Duty Suspensions.--
(1) Digital-to-analog converter boxes.--Subchapter II of
chapter 99 of the Harmonized Tariff Schedule of the United
States is amended by inserting in numerical sequence the
following new heading:
`` 9902.85.28 Digital-to-analog Free No change No change On or before 12/ ''.
converter boxes 31/2009.......
(provided for in
subheading
8528.71.40)......
(2) Certain television tuners.--Such subchapter is further
amended by inserting in numerical sequence the following new
heading:
`` 9902.85.29 Television tuners Free No change No change On or before 12/ ''.
used in the 31/2009.......
United States
assembly of
digital-to-analog
converter boxes
(provided for in
subheading
8529.90.29)......
(e) Retroactive Effective Date.--The amendments made by subsection
(d) apply to goods entered, or withdrawn from warehouse for
consumption, on or after December 1, 2007.
(f) Reliquidation of Entries.--
(1) In general.--Notwithstanding section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law and
subject to the provisions of paragraph (2), the U.S. Customs
and Border Protection shall, not later than 90 days after the
receipt of a request described in paragraph (2), liquidate or
reliquidate as applicable any entry described in paragraph (4)
at the applicable rate under subchapter II of chapter 99 of the
Harmonized Tariff Schedule of the United States, as amended by
subsection (d).
(2) Requests.--Liquidation or reliquidation may be made
under paragraph (1) with respect to an entry described in
paragraph (4) only if--
(A) a request therefore is filed with U.S. Customs
and Border Protection not later than 90 days after the
date of the enactment of this Act; and
(B) the request contains sufficient information to
enable U.S. Customs and Border Protection to locate the
entry or reconciliation entry if it cannot be located.
(3) Payment of amounts owed.--Any amounts owed by the
United States pursuant to the liquidation or reliquidation of
any entry under paragraph (1) shall be paid, with interest, not
later than 180 days after the date of such liquidation or
reliquidation.
(4) Entries described.--The entries referred to in
paragraph (1) are the entries, or withdrawals from warehouse
for consumption, of goods to which duty-free treatment is
provided by subsections (d) and (e)--
(A) that was made on or after December 1, 2007; and
(B) with respect to which there would have been no
duty if subsection (d) of this Act had applied to such
entry or withdrawal. | Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes. | {"src": "billsum_train", "title": "A bill to suspend temporarily the duty on digital-to-analog converter boxes, and for other purposes."} | 1,178 | 35 | 0.521795 | 1.359274 | 0.322529 | 3.535714 | 37.571429 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space and Aeronautics Prize Act''.
SEC. 2. NATIONAL ENDOWMENT FOR SPACE AND AERONAUTICS.
(a) Establishment.--There is established a National Endowment for
Space and Aeronautics (referred to in this Act as the ``Endowment'').
(b) Purpose.--The purpose of the Endowment is--
(1) to further the public's knowledge of and inspiration by
the Earth, the Earth's atmosphere, human and robotic
spaceflight and science missions, and celestial bodies in
space;
(2) to carry out a program to award cash prizes in
recognition of outstanding achievements in basic, advanced, and
applied research, technology development, and prototype
demonstration that have the potential for application to the
Nation's space and aeronautical endeavors in conjunction with,
or independent of, the National Aeronautics and Space
Administration (in this Act referred to as ``NASA'');
(3) to carry out a program for tasteful advertising of
commercial products and services in conjunction with the
Nation's space and aeronautics endeavors in conjunction with,
or independent of, NASA; and
(4) to encourage private gifts of real and personal
property or any income therefrom or other interest therein for
the benefit of, or in connection with, the Nation's aeronautics
and space endeavors to include those of the National
Aeronautics and Space Administration, its activities and its
services.
(c) Chairperson of the Endowment.--The Endowment shall be headed by
a Chairperson, who shall be appointed by the President, by and with the
advice and consent of the Senate. Under the supervision and direction
of the President, the Chairperson shall be responsible for the exercise
of all powers and the discharge of all duties of the Endowment, and
shall have authority and control over all personnel and activities
thereof. The Chairperson shall not engage in any other business,
vocation, or employment while serving as such.
(d) Terms.--The Chairperson shall serve for a term of 4 years and
shall be eligible for reappointment. Upon expiration of the
chairperson's term of office the Chairperson shall serve until the
Chairperson's successor shall be appointed.
(e) Duties.--The Chairperson shall correlate the programs of the
Endowment, insofar as practicable, with existing programs of Federal,
State, regional, or private groups, and shall develop the programs of
the Endowment with due regard to the contribution to the objectives of
this section which can be made by other Federal agencies under existing
programs. The Chairperson may enter into interagency agreements to
promote or assist the space and aeronautics activities of other Federal
agencies on a reimbursable or nonreimbursable basis, and may use funds
authorized to be appropriated for the purposes of subsection (b) for
the costs of such activities.
(f) Authority of Endowment.--In the performance of carrying out the
purposes specified in subsection (b), the Endowment is authorized--
(1) to make, promulgate, issue, rescind, and amend rules
and regulations governing the manner of its operations and the
exercise of the powers vested in it by law;
(2) to appoint and fix the compensation of such officers
and employees as may be necessary to carry out the purposes
specified in subsection (b), in accordance with civil service
laws; and
(3) to appoint such advisory committees as may be
appropriate for purposes of consultation and advice to the
Endowment.
(g) Gifts; Devises; Bequests.--
(1) In general.--Except as provided in subparagraph (2),
the Endowment may accept, receive, solicit, hold, administer,
and use any gifts, devises, or bequests, either absolutely or
in trust, of real or personal property or any income therefrom
or other interest therein for the benefit of or in connection
with the Nation's aeronautics and space endeavors to include
those of NASA, its activities or its services, including a
gift, devise, or bequest that is encumbered, restricted, or
subject to beneficial interests of private persons if any
current or future interest therein is for the benefit of the
Nation's aeronautics and space endeavors or NASA, its
activities or its services. For purposes of this paragraph, an
interest in real property includes easements or other rights
for preservation, conservation, protection, or enhancement by
and for the public of natural, scenic, historic, scientific,
educational, inspirational, or recreational resources.
(2) Limitation.--The Endowment may not accept a gift,
devise, or bequest which entails any expenditure other than
from the resources of the Endowment.
(3) Property of the united states.--Gifts and other
transfers made to or for the use of the Endowment shall be
regarded as contributions, gifts, or transfers to or for the
use of the United States.
(h) Powers of the Endowment.--
(1) Contract.--The Endowment, with the advice of NASA and
other agencies as appropriate, shall have the power to enter
into contracts or grants, to execute instruments, and generally
to do any and all lawful acts necessary or appropriate
consistent with the purposes of the Endowment specified in
subsection (b).
(2) Payment.--No payment shall be made under this section
except upon application therefor which is submitted to the
Endowment in accordance with regulations issued and procedures
established by the Chairperson. Neither NASA nor any employee
thereof is authorized to accept funds from the Endowment.
(3) Coordination with nasa.--The Endowment may utilize the
services and facilities of NASA, and such services and
facilities may be made available on request to the extent
practicable without reimbursement therefor.
(i) Reporting.--Promptly at the end of each fiscal year, the
Endowment shall transmit to Congress an annual report of its
proceedings and activities, including a full and complete statement of
its receipts, expenditures, and investments.
SEC. 3. PRIZE AWARD PROGRAM TO ENCOURAGE DEVELOPMENT OF ADVANCED SPACE
AND AERONAUTICAL TECHNOLOGIES.
(a) Authority.--The Chairperson may carry out a program to award
cash prizes in recognition of outstanding achievements in basic,
advanced, and applied research, technology development, and prototype
demonstration that have the potential for application to the
performance of the space and aeronautical activities of the National
Aeronautics and Space Administration.
(b) Competition Requirements.--The Endowment shall--
(1) widely advertise prize competitions and use a
competitive process for the selection of recipients of prizes
under this section.
(2) make a determination prior to the advertisement
required under paragraph (1) if an individual prize might have
benefits for private entities within the United States as well
as NASA.
(c) Registration.--
(1) In general.--The Endowment shall require potential
recipients of prizes to register for any prize competition
under the program established under this section, and, as part
of the registration process, to assume any and all risks and
waive claims against the United States Government and its
related entities for any injury, death, damage, loss of
property or revenue or profits, whether direct, indirect or
consequential, arising from their participation in a
competition, whether such injury, death, damage or loss arises
through negligence or otherwise, except in the case of willful
misconduct.
(2) Related entity.--The term ``related entity'' includes a
contractor or subcontractor at any tier, a supplier, user,
customer, cooperating party, grantee, investigator or detailee.
(d) Limitations.--The following limitations apply:
(1) The total amount of cash prizes budgeted in a fiscal
year may not exceed $150,000,000.
(2) No prize competition may result in the award of more
than $10,000,000 in cash prizes without the approval of the
Chairperson or designee.
(e) Availability of Funds.--Funds appropriated for the program
authorized by this section shall remain available for 2 years.
(f) Report.--The Chairperson shall transmit to the Committees on
Appropriations and on Commerce, Science, and Transportation of the
Senate and to the Committees on Appropriations and on Science of the
House of Representatives a report on the administration of the program
for that fiscal year. The report shall include--
(1) the space and aeronautics applications for which cash
prizes were awarded;
(2) the total amount of the cash prizes awarded; and
(3) the methods used for solicitation and evaluation of
submissions, together with an assessment of the effectiveness
of those methods.
SEC. 4. ORBITAL DEMONSTRATION PRIZE AUTHORITY.
(a) In General.--The Endowment shall carry out a program to award a
prize for the demonstration of a space flight vehicle to carry at least
1 person to a minimum altitude of 400 kilometers originating from
within the United States or its territories, complete at least 3
complete orbits of the Earth, and return safely to the Earth. It is
highly desirable for the space flight vehicle to demonstrate a high
degree of reusability for future flights beyond the demonstration
flight.
(b) Additional Requirements.--In order to be eligible for the prize
described in this section, the space flight vehicle--
(1) shall be built with the capacity to carry a minimum of
3 persons;
(2) shall not have been substantially developed under a
contract or grant from any foreign or domestic government;
(3) may use a foreign or domestic space launch vehicle to
launch the space flight vehicle to orbit; and
(4) comply with, or obtain waivers for, all international,
national, regional, or local laws or regulations which pertain
to the activities described in this section.
(c) Amount of Prize.--The total amount of cash prize for the
program described in this section may not exceed $100,000,000.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Space and Aeronautics Prize Act - Establishes a National Endowment for Space and Aeronautics, to be headed by a Chairman appointed by the President, to: (1) further the public's knowledge of and inspiration by the Earth, the Earth's atmosphere, human and robotic spaceflight and science missions, and celestial bodies; (2) carry out a program to award cash prizes for outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration in conjunction with or independent of the National Aeronautics and Space Administration (NASA); (3) carry out advertising of commercial products and services in conjunction with such endeavors; and (4) encourage private gifts for the benefit of such endeavors.
Requires the Endowment annually to report to Congress.
Authorizes the Chairman to carry out a program to award cash prizes for outstanding achievements in basic, advanced, and applied research, technology development, and prototype demonstration that have potential for application to the activities of NASA. Requires the Chairman annually to report to specified congressional committees on the administration of such program.
Requires the Endowment to carry out a program to award a prize for the demonstration of a space flight vehicle to carry at least one person to a minimum altitude of 400 kilometers from within the United States or its territories, complete at least three Earth orbits, and return safely. | {"src": "billsum_train", "title": "To provide for a prize program to encourage development of space and aeronautics technologies and establish an endowment to further educate and inspire the public's interest in space and aeronautics."} | 2,222 | 298 | 0.682547 | 2.032473 | 0.833829 | 5.610039 | 7.687259 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Egyptian Counterterrorism and
Political Reform Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Egypt is not a reliable ally in the war on terrorism.
(2) The Middle East Media Research Institute (MEMRI)
reports that only two weeks before the September 11, 2001,
attacks, the Egyptian Government daily newspaper Al-Akhbar
published a column that stated: ``The Statue of Liberty, in New
York Harbor, must be destroyed because of following the idiotic
American policy that goes from disgrace to disgrace in the
swamp of bias and blind fanaticism.''.
(3) According to the Middle East Media Research Institute,
the Egyptian Government weekly newspaper Al-Ahram Al-Arabi
published on September 22, 2001, an op-ed article that stated:
``For many long years, America made many peoples in the world
cry. It was always [America] that carried out the acts; now,
acts are being carried out [against] it. A cook who concocts
poison must one day also taste that poison!''.
(4) In the 1979 peace treaty between Egypt and Israel,
signed after the Camp David Accords, each party agreed ``to
ensure that acts or threats of belligerency, hostility or
violence do not originate from and are not committed from
within its territory . . . against the population, citizens, or
property of the other party.''.
(5) The Israeli Defense Forces have repeatedly found arms
smuggling tunnels between Egypt and the Gaza Strip. More than
40 tunnels were discovered in 2003. Some of these tunnels
originate in Egyptian army and police outposts.
(6) Egyptian President Mubarak publicly stated that
Hezbollah had a ``right'' to attack Israelis in Southern
Lebanon.
(7) The Middle East Media Research Institute reports that
Dr. Ahmad Al-Tayyeb, recently appointed by the Egyptian
Government to be the Mufti of Egypt, told a conference at the
University of Cairo in March 2003 that ``martyrdom operations,
in which the Palestinians blow up targets of the Israeli
occupation, are actions that are 100 percent permitted
according to Islamic religious law, and it is forbidden to
facilitate attack of a Muslim country . . . Any attempt to
invade Iraq is forbidden by Islamic religious law and by
morality, and Islam forbids it, and even commands its believers
to resist attempts at invasion and occupation.''.
(8) According to the Middle East Media Research Institute,
on August 17, 2001, the Egyptian Government daily newspaper Al-
Akhbar contained an editorial that stated: ``All that we have
left to say to the sons of Palestine . . . Kill your enemies
wherever you may find them. This is a life and death conflict
between you and them and it will not be over through calming
attempts. The only thing that will force your enemy to
surrender and to accept your demands is force, whatever the
sacrifices may be.''.
(9) On May 9, 2003, President Bush stated: ``Over time, the
expansion of liberty throughout the world is the best guarantee
of security throughout the world. Freedom is the way to peace.
. . . We're determined to help build a Middle East that grows
in hope, instead of resentment. Because of the ideals and
resolve of this Nation, you and I will not live in an age of
terror. We will live in an age of liberty.''.
(10) In November 2003 President Bush stated: ``The great
and proud nation Egypt . . . should show the way toward
democracy in the Middle East.''.
(11) The United States Government's Middle East Partnership
Initiative (MEPI) ``champions an expanded public space where
democratic voices can be heard in the political process, and
the people have a choice in governance''.
(12) Egypt is a dictatorship. The due process and
separation of powers key to any functioning democracy have been
stifled in Egypt since Hosni Mubarak assumed the presidency
more than 22 years ago. The so-called emergency powers he
renews every three years allow him to arrest political
opponents, their family and friends. Some experts believe that
President Mubarak's refusal to name a successor or vice
president suggests his intention to have his son, Gamal
Mubarak, succeed him.
(13) Egypt regularly tortures its citizens. According to
the Egyptian Organization for Human Rights approximately 13,000
to 16,000 people are detained without charge on suspicion of
security or political offenses in Egypt each year. Amnesty
International published a report last year stating that
``everyone taken into detention in Egypt is at risk of
torture''.
(14) The Washington Post reported on January 6, 2004, that
14 people have been allegedly tortured and killed in Egyptian
jails over the course of the past 2 years.
(15) The Coptic Christian minority of between 6 and 10
million in Egypt is victimized regularly, and remains without
protection. The Government of Egypt has never taken
responsibility for the arrest and torture of more than 1,200
Copts in late 1998 in the wake of sectarian violence.
(16) In the 1979 peace treaty between Egypt and Israel,
each party agreed ``that the normal relationship between them
will include full recognition, diplomatic, economic and
cultural relations, termination of economic boycotts, and
discriminatory barriers to the free movement of people and
good, and will guarantee the mutual enjoyment by citizens of
the due process of law''.
(17) As a member of the Arab League, which maintains a
boycott against Israel, Egypt recalled its ambassador to Israel
in November of 2000, putting immense strain on the diplomatic
relations established between the two countries 25 years ago at
Camp David.
(18) In the 1979 peace treaty between Egypt and Israel,
each party agreed that ``the Parties shall seek to foster
mutual understanding and tolerance and will, accordingly,
abstain from hostile propaganda against each other''.
(19) The American Jewish Committee reported that the
government controlled newspaper, Al-Ahkbar, published two
award-winning columns entitled, ``Thanks to Hitler''. The
Middle East Media Research Institute reported that another
government controlled paper, Al-Ahram, suggested that
``responsibility for [the August bombing in the Iraqi city of
Najaf] is Western responsibility--and more specifically,
American''.
(20) The television series ``Knight Without a Horse'' was
broadcast on Egypt's state-run television during Ramadan 2002.
The television program was based on the Protocols of the Elders
of Zion, an anti-Semitic document that suggests that Jews are
planning to take over the world.
(21) On March 23, 2003, The Washington Post reported: ``The
most popular singer in Egypt is Shaaban Abdel-Rahim, an
illiterate man whose tape `I hate Israel' has sold more than 5
million copies. One of the most successful plays, `Mama
America', a virulently anti-American piece by well-known artist
Mohammed Sobhi, has been running for months.''.
SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE FOR EGYPT.
(a) Prohibition.--Notwithstanding any other provision of law, for
fiscal year 2005 and subsequent fiscal years, United States military
assistance may not be provided for Egypt.
(b) Waiver.--The President may waive the application of subsection
(a) for a fiscal year if the President determines and certifies to
Congress that it is in the national security interests of the United
States to do so.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the amount of United States military assistance that
would have been provided for Egypt for a fiscal year but for
the application of section 3(a) should be provided for Egypt
for such fiscal year in the form of economic support fund
assistance under chapter 4 of part II of the Foreign Assistance
Act of 1961 and further that such assistance should be in
addition to economic support fund assistance already proposed
to be provided for Egypt for such fiscal year;
(2) funds for economic support fund assistance for Egypt
should not be used by the armed forces of Egypt;
(3) 30 days prior to the initial obligation of funds for
economic support fund assistance for Egypt for a fiscal year,
the President should certify to Congress that procedures have
been established to ensure that the Comptroller General will
have access to appropriate United States financial information
in order to review the uses of such funds; and
(4) the agreement among the United States, Egypt, and
Israel to decrease the overall amount of United States foreign
assistance for both countries should continue.
SEC. 5. DEFINITION.
In this Act, the term ``United States military assistance'' means--
(1) assistance for nonproliferation, anti-terrorism,
demining and related programs and activities, including
assistance under chapter 8 of part II of the Foreign Assistance
Act of 1961 (relating to anti-terrorism assistance) and
assistance under chapter 9 of part II of such Act, section 504
of the FREEDOM Support Act, section 23 of the Arms Export
Control Act, or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the dest | Egyptian Counterterrorism and Political Reform Act - Prohibits military assistance to Egypt unless the President determines and certifies to Congress that it is in the national security interests to provide assistance for a given fiscal year.
Expresses the sense of Congress that: (1) funds that would have been provided for military assistance should be given in the form of economic support fund assistance and not used by the armed forces of Egypt; (2) the President should certify the establishment of procedures to ensure access by the Comptroller General to appropriate financial information in order to review the use of these funds; and (3) the agreement among the United States, Egypt, and Israel to decrease the overall amount of U.S. foreign assistance for both countries should continue. | {"src": "billsum_train", "title": "To prohibit United States military assistance for Egypt and to express the sense of Congress that the amount of military assistance that would have been provided for Egypt for a fiscal year should be provided in the form of economic support fund assistance."} | 2,043 | 153 | 0.332743 | 1.108423 | 0.735983 | 4.421429 | 13.8 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Secure Federal Websites Act
of 2014''.
SEC. 2. ENSURING FUNCTIONALITY AND SECURITY OF NEW FEDERAL WEBSITES
THAT COLLECT PERSONALLY IDENTIFIABLE INFORMATION.
(a) Certification Requirement.--
(1) In general.--Except as otherwise provided under this
subsection, an agency may not deploy or make available to the
public a new Federal PII website until the date on which the
chief information officer of the agency submits a certification
to Congress that the website is fully functional and secure.
(2) Transition.--In the case of a new Federal PII website
that is operational on the date of the enactment of this Act,
paragraph (1) shall not apply until the end of the 90-day
period beginning on such date of enactment. If the
certification required under paragraph (1) for such website has
not been submitted to Congress before the end of such period,
the head of the responsible agency shall render the website
inaccessible to the public until such certification is
submitted to Congress.
(3) Exception for beta website with explicit permission.--
Paragraph (1) shall not apply to a website (or portion thereof)
that is in a development or testing phase, if the following
conditions are met:
(A) A member of the public may access PII-related
portions of the website only after executing an
agreement that acknowledges the risks involved.
(B) No agency compelled, enjoined, or otherwise
provided incentives for such a member to access the
website for such purposes.
(4) Construction.--Nothing in this section shall be
construed as applying to a website that is operated entirely by
an entity (such as a State or locality) that is independent of
the Federal Government, regardless of the receipt of funding in
support of such website from the Federal Government.
(b) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given that
term under section 551 of title 5, United States Code.
(2) Fully functional.--The term ``fully functional'' means,
with respect to a new Federal PII website, that the website can
fully support the activities for which it is designed or
intended with regard to the eliciting, collection, storage, or
maintenance of personally identifiable information, including
handling a volume of queries relating to such information
commensurate with the purpose for which the website is
designed.
(3) New federal personally identifiable information website
(new federal pii website).--The terms ``new Federal personally
identifiable information website'' and ``new Federal PII
website'' mean a website that--
(A) is operated by (or under a contract with) an
agency;
(B) elicits, collects, stores, or maintains
personally identifiable information of individuals and
is accessible to the public; and
(C) is first made accessible to the public and
collects or stores personally identifiable information
of individuals, on or after October 1, 2012.
(4) Operational.--The term ``operational'' means, with
respect to a website, that such website elicits, collects,
stores, or maintains personally identifiable information of
members of the public and is accessible to the public.
(5) Personally identifiable information (pii).--The terms
``personally identifiable information'' and ``PII'' mean any
information about an individual elicited, collected, stored, or
maintained by an agency, including--
(A) any information that can be used to distinguish
or trace the identity of an individual, such as a name,
a social security number, a date and place of birth, a
mother's maiden name, or biometric records; and
(B) any other information that is linked or
linkable to an individual, such as medical,
educational, financial, and employment information.
(6) Responsible agency.--The term ``responsible agency''
means, with respect to a new Federal PII website, the agency
that is responsible for the operation (whether directly or
through contracts with other entities) of the website.
(7) Secure.--The term ``secure'' means, with respect to a
new Federal PII website, that the following requirements are
met:
(A) The website is in compliance with subchapter
III of chapter 35 of title 44, United States Code.
(B) The website ensures that personally
identifiable information elicited, collected, stored,
or maintained in connection with the website is
captured at the latest possible step in a user input
sequence.
(C) The responsible agency for the website has
taken reasonable efforts to minimize domain name
confusion, including through additional domain
registrations.
(D) The responsible agency requires all personnel
who have access to personally identifiable information
in connection with the website to have completed a
Standard Form 85P and signed a non-disclosure agreement
with respect to personally identifiable information,
and the agency takes proper precautions to ensure only
trustworthy persons may access such information.
(E) The responsible agency maintains (either
directly or through contract) sufficient personnel to
respond in a timely manner to issues relating to the
proper functioning and security of the website, and to
monitor on an ongoing basis existing and emerging
security threats to the website.
(8) State.--The term ``State'' means each State of the
United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized
Indian tribe.
SEC. 3. PRIVACY BREACH REQUIREMENTS.
(a) Information Security Amendment.--Subchapter III of chapter 35
of title 44, United States Code, is amended by adding at the end the
following:
``Sec. 3550. Privacy breach requirements
``(a) Policies and Procedures.--The Director of the Office of
Management and Budget shall establish and oversee policies and
procedures for agencies to follow in the event of a breach of
information security involving the disclosure of personally
identifiable information, including requirements for--
``(1) not later than 72 hours after the agency discovers
such a breach, or discovers evidence that reasonably indicates
such a breach has occurred, notice to the individuals whose
personally identifiable information could be compromised as a
result of such breach;
``(2) timely reporting to a Federal cybersecurity center,
as designated by the Director of the Office of Management and
Budget; and
``(3) any additional actions that the Director finds
necessary and appropriate, including data breach analysis,
fraud resolution services, identity theft insurance, and credit
protection or monitoring services.
``(b) Required Agency Action.--The head of each agency shall ensure
that actions taken in response to a breach of information security
involving the disclosure of personally identifiable information under
the authority or control of the agency comply with policies and
procedures established by the Director of the Office of Management and
Budget under subsection (a).
``(c) Report.--Not later than March 1 of each year, the Director of
the Office of Management and Budget shall report to Congress on agency
compliance with the policies and procedures established under
subsection (a).
``(d) Federal Cybersecurity Center Defined.--The term `Federal
cybersecurity center' means any of the following:
``(1) The Department of Defense Cyber Crime Center.
``(2) The Intelligence Community Incident Response Center.
``(3) The United States Cyber Command Joint Operations
Center.
``(4) The National Cyber Investigative Joint Task Force.
``(5) Central Security Service Threat Operations Center of
the National Security Agency.
``(6) The United States Computer Emergency Readiness Team.
``(7) Any successor to a center, team, or task force
described in paragraphs (1) through (6).
``(8) Any center that the Director of the Office of
Management and Budget determines is appropriate to carry out
the requirements of this section.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 35 of title 44, United States Code, is
amended by adding at the end the following:
``3550. Privacy breach requirements.''.
Passed the House of Representatives July 28, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Safe and Secure Federal Websites Act of 2014 - (Sec. 2) Prohibits a federal agency from deploying or making available to the public a new federal personally identifiable information website (new Federal PII Website) until the chief information officer of the agency submits a certification to Congress that the website is fully functional and secure, as those terms are defined by this Act. Defines "new Federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains personally identifiable information (i.e., information that can be used to identify an individual, such as a social security number, a date and place of birth, a mother's maiden name, biometric records, or other information linked to an individual); and (3) is first made accessible to the public and collects or stores personally identifiable information on or after October 1, 2012. Exempts beta websites designed for testing and development if users execute an agreement acknowledging the risks involved. (Sec. 3) Directs the Director of the Office of Management and Budget (OMB) to establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of personally identifiable information, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose personally identifiable information could be compromised as a result of such breach; (2) timely reporting to a federal cyber security center designated by this Act; and (3) any additional actions that the Director finds necessary and appropriate. Requires: (1) agency heads to ensure that agency actions taken in response to a breach comply with OMB policies and procedures established by this Act; and (2) the OMB Director to report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures. | {"src": "billsum_train", "title": "Safe and Secure Federal Websites Act of 2014"} | 1,796 | 409 | 0.616294 | 2.052679 | 0.792201 | 4.702128 | 4.531915 | 0.941489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Energy Research and Development
Act of 2016''.
SEC. 2. WIND ENERGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary of Energy shall carry out a program
of research and development to--
(1) improve the energy efficiency, reliability, and
capacity of wind energy generation;
(2) optimize the design and adaptability of wind energy
systems to the broadest practical range of atmospheric
conditions; and
(3) reduce the cost of permitting, construction, operation,
and maintenance of wind energy systems.
(b) Program.--The program under this section shall focus on
research, development, and testing of--
(1) wind power plant performance and operations including--
(A) wind flows and turbine-to-turbine interactions;
(B) energy conversion potential;
(C) turbine control paradigms; and
(D) turbine component and integrated plant systems;
(2) new materials and designs to make innovative wind
turbine rotor and drivetrain concepts including--
(A) higher tip speed rotor designs;
(B) low noise rotor designs;
(C) more cost-effective rotor designs that are able
to be integrated into current turbines;
(D) advanced drivetrain and generator concepts; and
(E) modular construction and onsite assembly
techniques;
(3) offshore wind-specific projects including--
(A) fixed and floating substructure concepts;
(B) projects to assess and mitigate the impacts of
hurricane wind flow and other United States-specific
conditions;
(C) innovative operations and maintenance
strategies;
(D) analysis of offshore meteorological and
oceanographic data collection; and
(E) offshore infrastructure monitoring;
(4) wind power forecasting and atmospheric measurement
systems;
(5) the distributed wind energy sector;
(6) transformational technologies for harnessing wind
energy, including airborne wind energy concepts; and
(7) other research areas as determined by the Secretary.
SEC. 3. WIND ENERGY TECHNOLOGY VALIDATION AND MARKET TRANSFORMATION
PROGRAM.
(a) In General.--The Secretary of Energy shall conduct a wind
energy technology validation and market transformation program. In
carrying out this section, the Secretary shall ensure that--
(1) the program demonstrates and validates new wind energy
technologies with the potential to be cost-competitive for
land-based, offshore, and distributed applications; and
(2) demonstration projects carried out under this program
are--
(A) conducted in collaboration with industry and,
as appropriate, with academic institutions; and
(B) of sufficient size and geographic diversity to
measure wind energy system performance under the full
productive range of wind conditions in the United
States.
(b) Cost-Sharing.--The Secretary shall carry out the program under
this section in compliance with section 988(a) through (d) and section
989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d)
and 16353).
SEC. 4. WIND ENERGY EXPANSION PROGRAM.
(a) In General.--The Secretary of Energy shall conduct a program of
research, development, demonstration, and commercial application
activities to reduce barriers to the widespread adoption of wind power.
Barriers addressed by this program may include--
(1) grid integration challenges; and
(2) permitting issues associated with the potential impacts
of wind power systems on wildlife, radar systems, and airspace.
(b) Wildlife Impact Mitigation.--The program described in this
section shall support the development of new wildlife impact mitigation
technologies to reduce the potential impacts of wind energy facilities
on--
(1) bald and golden eagles;
(2) bat species; and
(3) other species which may impede the widespread
deployment of wind power.
(c) Education and Outreach.--The program described in this section
shall support education and outreach activities to disseminate
information and promote public understanding of wind technologies,
including the Collegiate Wind Competition.
SEC. 5. WIND ENERGY INCUBATOR FUNDING.
The Secretary of Energy shall maintain a wind energy incubator
program to support innovative technologies that are not represented in
a significant way in the Department of Energy's current portfolio of
wind energy research activities or in current technology roadmaps.
SEC. 6. COORDINATION.
To the maximum extent practicable the Secretary of Energy shall
coordinate activities under this Act with other relevant programs of
the Department of Energy and other Federal research programs.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of the fiscal years 2017
through 2021. | Wind Energy Research and Development Act of 2016 This bill directs the Department of Energy (DOE) to carry out a research and development program to: (1) improve the energy efficiency, reliability, and capacity of wind energy generation; (2) optimize the design and adaptability of wind energy systems to the broadest practical range of atmospheric conditions; and (3) reduce the cost of permitting, construction, operation, and maintenance of wind energy systems. DOE must also conduct a wind energy technology validation and market transformation program for demonstrating and validating new wind energy technologies with the potential to be cost-competitive for land-based, offshore, and distributed applications. DOE must conduct a program of research, development, demonstration, and commercial application activities to reduce barriers to the widespread adoption of wind power. The program must support developing new wildlife impact mitigation technologies to reduce the potential impacts of wind energy facilities on wildlife species. DOE must maintain a wind energy incubator program to support innovative technologies that are not represented in a significant way in DOE's current portfolio of wind energy research activities or in current technology roadmaps. | {"src": "billsum_train", "title": "Wind Energy Research and Development Act of 2016"} | 1,005 | 223 | 0.693709 | 1.908332 | 0.953992 | 7.126168 | 4.425234 | 0.920561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Remediation Research
Act of 2005''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Methamphetamine use and production is growing rapidly
throughout the United States.
(2) Some materials and chemical residues remaining from the
production of methamphetamine pose novel environmental problems
in locations where methamphetamine laboratories have been
closed.
(3) There has been little standardization of measures for
determining when the site of a former methamphetamine
laboratory has been successfully remediated.
(4) Initial cleanup actions are generally limited to
removal of hazardous substances and contaminated materials that
pose an immediate threat to public health or the environment.
It is not uncommon for significant levels of contamination to
be found throughout residential structures where
methamphetamine has been manufactured, partially because of a
lack of knowledge of how to achieve an effective cleanup.
(5) Data on methamphetamine laboratory-related contaminants
of concern are very limited, and uniform cleanup standards do
not currently exist. In addition, procedures for sampling and
analysis of contaminants need to be researched and developed.
(6) Many States are struggling with establishing assessment
and remediation guidelines and programs to address the rapidly
expanding number of methamphetamine laboratories being closed
each year.
SEC. 3. VOLUNTARY GUIDELINES.
(a) Establishment of Voluntary Guidelines.--Not later than one year
after the date of enactment of this Act, the Assistant Administrator
for Research and Development of the Environmental Protection Agency (in
this Act referred to as the ``Assistant Administrator''), in
consultation with the National Institute of Standards and Technology,
shall establish voluntary guidelines, based on the best currently
available scientific knowledge, for the remediation of former
methamphetamine laboratories, including guidelines regarding
preliminary site assessment and the remediation of residual
contaminants.
(b) Considerations.--In developing the voluntary guidelines under
subsection (a), the Assistant Administrator shall consider, at a
minimum--
(1) relevant standards, guidelines, and requirements found
in Federal, State, and local laws and regulations;
(2) the varying types and locations of former
methamphetamine laboratories; and
(3) the expected cost of carrying out any proposed
guidelines.
(c) States.--The voluntary guidelines should be designed to assist
State and local governments in the development and the implementation
of legislation and other policies to apply state-of-the-art knowledge
and research results to the remediation of former methamphetamine
laboratories. The Assistant Administrator shall work with State and
local governments and other relevant non-Federal agencies and
organizations, including through the conference described in section 5,
to promote and encourage the appropriate adoption of the voluntary
guidelines.
(d) Updating the Guidelines.--The Assistant Administrator shall
periodically update the voluntary guidelines as the Assistant
Administrator, in consultation with States and other interested
parties, determines to be necessary and appropriate to incorporate
research findings and other new knowledge.
SEC. 4. RESEARCH PROGRAM.
The Assistant Administrator shall establish a program of research
to support the development and revision of the voluntary guidelines
described in section 3. Such research shall--
(1) identify methamphetamine laboratory-related chemicals
of concern;
(2) assess the types and levels of exposure to chemicals of
concern identified under paragraph (1), including routine and
accidental exposures, that may present a significant risk of
adverse biological effects;
(3) identify the research efforts necessary to better
address biological effects and to minimize adverse human
exposures;
(4) evaluate the performance of various methamphetamine
laboratory cleanup and remediation techniques; and
(5) support other research priorities identified by the
Assistant Administrator in consultation with States and other
interested parties.
SEC. 5. TECHNOLOGY TRANSFER CONFERENCE.
(a) Conference.--Not later than 180 days after the date of
enactment of this Act, and at least every third year thereafter, the
Assistant Administrator shall convene a conference of appropriate State
agencies, as well as individuals or organizations involved in research
and other activities directly related to the environmental, or
biological impacts of former methamphetamine laboratories. The
conference should be a forum for the Assistant Administrator to provide
information on the guidelines developed under section 3 and on the
latest findings from the research program described in section 4, and
for the non-Federal participants to provide information on the problems
and needs of States and localities and their experience with guidelines
developed under section 3.
(b) Report.--Not later than 3 months after each conference, the
Assistant Administrator shall submit a report to the Congress that
summarizes the proceedings of the conference, including a summary of
any recommendations or concerns raised by the non-Federal participants
and how the Assistant Administrator intends to respond to them. The
report shall also be made widely available to the general public.
SEC. 6. RESIDUAL EFFECTS STUDY.
(a) Study.--Not later than 6 months after the date of enactment of
this Act, the Assistant Administrator shall enter into an arrangement
with the National Academy of Sciences for a study of the status and
quality of research on the residual effects of methamphetamine
laboratories. The study shall identify research gaps and recommend an
agenda for the research program described in section 4. The study shall
pay particular attention to the need for research on the impacts of
methamphetamine laboratories on--
(1) the residents of buildings where such laboratories are,
or were, located, with particular emphasis given to biological
impacts on children; and
(2) first responders.
(b) Report.--Not later than 3 months after the completion of the
study, the Assistant Administrator shall transmit to Congress a report
on how the Assistant Administrator will use the results of the study to
carry out the activities described in sections 3 and 4.
SEC. 7. METHAMPHETAMINE DETECTION RESEARCH AND DEVELOPMENT PROGRAM.
The Director of National Institute of Standards and Technology, in
consultation with the Assistant Administrator, shall support a research
program to develop--
(1) new methamphetamine detection technologies, with
emphasis on field test kits and site detection; and
(2) appropriate standard reference materials and validation
procedures for methamphetamine detection testing.
SEC. 8. SAVINGS CLAUSE.
Nothing in this Act shall be construed to add to or limit the
regulatory authority of the Environmental Protection Agency.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Environmental Protection Agency.--There are authorized to be
appropriated to the Environmental Protection Agency to carry out this
Act $3,000,000 for each of the fiscal years 2006 through 2009.
(b) National Institute of Standards and Technology.--There are
authorized to be appropriated to the National Institute of Standards
and Technology to carry out this Act $1,500,000 for each of the fiscal
years 2006 through 2009.
Passed the House of Representatives December 13, 2005.
Attest:
KAREN L. HAAS,
Clerk. | Methamphetamine Remediation Research Act of 2006 - Directs the Administrator of the Environmental Protection Agency, not later than one year after the enactment of this Act, to: (1) establish voluntary guidelines, based on the best available scientific knowledge, for the remediation of former methampehtamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; (2) consider relevant federal, state, and local requirements in developing the guidelines, the varying types and locations of former methamphetamine laboratories, and the cost of carrying out such guidelines; (3) work with state and local governments and other relevant non-federal agencies in adopting the voluntary guidelines; (4) periodically update such guidelines; and (5) establish a research program to support the development and revision of such guidelines.
Directs the Administrator: (1) not later than 180 days after the date of enactment of this Act and every three years thereafter, to convene a conference of appropriate state agencies, individuals, and organizations involved in research and other activities directly relating to the environmental or biological impact of former methamphetamine laboratories; (2) to submit a report to Congress that summarizes the proceedings of the conference, including a summary of recommendations and concerns of non-federal participants; and (3) to make such report widely available to the general public.
Directs the Administrator to enter into an arrangement with the National Academy of Sciences (NAS) for a study of the status and quality of research on the residual effects of methamphetanmine laboratories and to report to Congress on the uses of such study.
Requires the Director of the National Institute of Standards and Technology to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.
Authorizes appropriations for FY2007-FY2008. | {"src": "billsum_train", "title": "To provide for a research program for remediation of closed methamphetamine production laboratories, and for other purposes."} | 1,499 | 417 | 0.738895 | 2.631077 | 1.041763 | 4.722527 | 3.832418 | 0.953297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dr. Martin Luther King, Jr.,
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Dr. Martin Luther King, Jr., dedicated his life to
securing the Nation's fundamental principles of liberty and
justice for all its citizens.
(2) Dr. Martin Luther King, Jr., was the leading civil
rights advocate of his time, spearheading the civil rights
movement in the United States during the 1950's and 1960's.
(3) Dr. Martin Luther King, Jr., was the keynote speaker at
the August, 28, 1963, March on Washington, the largest rally of
the civil rights movement, during which, from the steps of the
Lincoln Memorial and before a crowd of over 200,000 people, he
delivered his famous ``I Have A Dream'' speech, one of the
classic orations in American history.
(4) Dr. Martin Luther King, Jr., was a champion of
nonviolence, fervently advocated nonviolent resistance as the
strategy to end segregation and racial discrimination in
America, and was awarded the 1964 Nobel Peace Prize in
recognition for his efforts.
(5) All Americans should commemorate the legacy of Martin
Luther King, Jr. so ``that one day this Nation will rise up and
live out the true meaning of its creed: `We hold these truths
to be self-evident; that all men are created equal.'''.
(6) Efforts are underway to secure the personal papers of
Dr. Martin Luther King, Jr., for the Library of Congress so
that they may be preserved and studied for generations to come.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--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 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 350,000 $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 1,000,000 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. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act from any available source, including from stockpiles
established under the Strategic and Critical Materials Stock Piling
Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the inspirational life and works of
Dr. Martin Luther King, Jr.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2003''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning August 28, 2003.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2003.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 8(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.
(d) Marketing.--The Secretary, in cooperation with the Legacy Fund
of the Library of Congress, shall develop and implement a marketing
program to promote and sell the coins issued under this Act both within
the United States and internationally.
SEC. 8. 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 $3 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 Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress
for the purpose of securing the personal papers of Dr. Martin Luther
King, Jr., for the Library of Congress.
(c) Audits.--The Dr. Martin Luther King, Jr., Legacy Fund 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 Fund
under subsection (b). | Mandates prompt payment of all surcharges received from the coin sales to the Dr. Martin Luther King, Jr., Legacy Fund of the Library of Congress for the purpose of securing the personal papers of Dr. Martin Luther King, Jr., for the Library of Congress. | {"src": "billsum_train", "title": "Dr. Martin Luther King, Jr., Commemorative Coin Act"} | 1,591 | 59 | 0.477974 | 1.420408 | 0.817644 | 9.387755 | 29.102041 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Warfare Capabilities
Enhancement Act of 2016''.
SEC. 2. FIELDING OF ELECTROMAGNETIC SPECTRUM WARFARE SYSTEMS AND
ELECTRONIC WARFARE CAPABILITIES.
Funds authorized to be appropriated for electromagnetic spectrum
warfare systems and electronic warfare may be used for the development
and fielding of electromagnetic spectrum warfare systems and electronic
warfare capabilities.
SEC. 3. INCLUSION OF ELECTRONIC WARFARE PROGRAMS IN THE RAPID
ACQUISITION AUTHORITY PROGRAM.
(a) In General.--Section 806(c)(1) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 10
U.S.C. 2302 note) is amended by adding at the end the following new
subparagraph:
``(D)(i) In the case of any supplies and associated support
services that, as determined in writing by the Secretary of
Defense without delegation, are urgently needed to eliminate a
deficiency in electronic warfare that if left unfilled is
likely to result in critical mission failure, the loss of life,
property destruction, or economic effects, the Secretary may
use the procedures developed under this section in order to
accomplish the rapid acquisition and deployment of needed
offensive or defensive electronic warfare capabilities,
supplies, and associated support services.
``(ii) The Secretary of Defense shall ensure, to the extent
practicable, that for the purposes of electronic warfare
acquisition, the Department of Defense shall consider use of
the following procedures:
``(I) The rapid acquisition authority provided
under this section.
``(II) Use of other transactions authority provided
under section 2371 of title 10, United States Code.
``(III) The acquisition of commercial items using
simplified acquisition procedures.
``(IV) The authority for procurement for
experimental purposes provided under section 2373 of
title 10, United States Code.
``(iii) In this subparagraph, the term `electronic warfare'
means military action involving the use of electromagnetic and
directed energy to control the electromagnetic spectrum or to
attack the enemy, and includes electromagnetic spectrum
warfare, which encompasses military communications and sensing
operations that occur in the electromagnetic operational
domain.''.
(b) Conforming Amendments.--Section 2373 of title 10, United States
Code, is amended--
(1) in subsection (a), by striking ``and aeronautical
supplies'' and inserting ``, aeronautical supplies, and
electronic warfare''; and
(2) by adding at the end of the following new subsection:
``(c) Electronic Warfare Defined.--The term `electronic warfare'
means military action involving the use of electromagnetic and directed
energy to control the electromagnetic spectrum or to attack the enemy,
and includes electromagnetic spectrum warfare, which encompasses
military communications and sensing operations that occur in the
electromagnetic operational domain.''.
SEC. 4. AUTHORITY TO WAIVE THE JOINT REQUIREMENTS OVERSIGHT COUNCIL
(JROC) FOR CERTAIN ELECTRONIC WARFARE PROGRAMS.
(a) Alternate Review.--The Secretary of Defense shall delegate to
the Office of the Secretary of Defense's senior electronic warfare
executive the authority to review and validate all Joint Capabilities
Integration and Development System documents for electronic warfare
acquisition programs notwithstanding section 181 of title 10, United
States Code.
(b) JROC Appeal.--The Joint Requirements Oversight Council may
appeal to the Office of the Secretary of Defense to review any program
through the normal Joint Capabilities Integration and Development
System process.
SEC. 5. ELECTRONIC WARFARE EXECUTIVE COMMITTEE REPORTS TO CONGRESS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Electronic Warfare Executive Committee shall
submit to the congressional defense committees a strategic plan with
measurable and timely objectives to achieve its mission according to
the following metrics:
(1) Progress on intra-service ground and air
interoperabilities.
(2) Progress in streamlining the requirements, acquisition,
and budget process to further a rapid electronic warfare
acquisition process.
(3) The efficiency and effectiveness of the acquisition
process for priority electronic warfare items.
(4) The training methods and requirements of the military
services for training in contested electronic warfare
environments.
(5) Capability gaps with respect to near-peer adversaries
identified pursuant to a capability gap assessment.
(6) A joint strategy on achieving near real-time system
adaption to rapidly advancing modern digital electronics.
(7) Progress on increasing innovative electromagnetic
spectrum warfighting methods and operational concepts that
provide advantages within the electromagnetic spectrum
operational domain.
(b) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives. | Electronic Warfare Capabilities Enhancement Act of 2016 This bill permits the use of appropriations authorized for electromagnetic spectrum warfare systems and electronic warfare in order to develop and field electromagnetic spectrum warfare systems and electronic warfare capabilities. The Bob Stump National Defense Authorization Act for Fiscal Year 2003 is amended to include electronic warfare programs in the rapid acquisition authority program. Electronic warfare is military action involving the use of electromagnetic and directed energy to control the electromagnetic spectrum or to attack the enemy, and includes electromagnetic spectrum warfare, which encompasses military communications and sensing operations that occur in the electromagnetic operational domain. The Department of Defense shall delegate to the senior electronic warfare executive the authority to review and validate all Joint Capabilities Integration and Development System documents for electronic warfare acquisition programs. The Electronic Warfare Executive Committee shall submit to the congressional defense committees a strategic plan with measurable and timely objectives to achieve its mission according to specified metrics. | {"src": "billsum_train", "title": "Electronic Warfare Capabilities Enhancement Act of 2016"} | 1,137 | 192 | 0.692694 | 1.790354 | 0.997283 | 6.382353 | 5.770588 | 0.958824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurses' Higher Education and Loan
Repayment Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Health Resources and Services Administration
estimates there is currently a shortage of more than 200,000
registered nurses nationwide and projects the shortage will
grow to over 1 million nurses by 2020, 36 percent less than
needed to meet demand for nursing care.
(2) The shortage of qualified nursing faculty is the
primary factor driving the inability of nursing schools to
graduate more registered nurses to meet the Nation's growing
workforce demand.
(3) There continues to be strong interest on the part of
young Americans to enter the nursing field. The National League
for Nursing estimates that 88,000 qualified applications, or
one out of every three submitted to basic registered nurse
programs in 2006, were rejected due to lack of capacity.
(4) The American Association of Colleges of Nursing (in
this Act referred to as the ``AACN'') estimates that 49,948
applicants were turned away specifically from baccalaureate and
graduate schools of nursing in 2008 and over 70 percent of the
schools responding to the AACN survey reported a lack of nurse
faculty as the number one reason for turning away qualified
applicants. Likewise, nearly 70 percent of the associate's
degree registered nurse programs responding to the most recent
American Association of Community Colleges Nursing Survey
reported a lack of faculty to teach as the number one reason
for turning away qualified applicants.
(5) Large numbers of faculty members at schools of nursing
in the United States are nearing retirement. According to the
AACN, the average age of a nurse faculty member is 55 years old
and the average age at retirement is 62.
(6) The current nationwide nurse faculty vacancy rate is
estimated to be as high as 7.6 percent, including 814 vacant
positions at schools of nursing offering baccalaureate and
advanced degrees and, in 2006, as many as 880 in associate's
degree programs.
(7) Market forces have created disincentives for
individuals qualified to become nurse educators from pursing
this career. The average annual salary for an associate
professor of nursing with a master's degree is nearly 20
percent less than the average salary for a nurse practitioner
with a master's degree, according to the 2007 salary survey by
the journal ADVANCE for Nurse Practitioners.
(8) The most recent Health Resources and Services
Administration survey data indicates that from a total of more
than 2 million registered nurses, only 143,113 registered
nurses with a bachelor's degree and only 51,318 registered
nurses with an associate's degree have continued their
education to earn a master's degree in the science of nursing,
the minimum credential necessary to teach in all types of
registered nurse programs. The majority of these graduates do
not become nurse educators.
(9) Current Federal incentive programs to encourage nurses
to become educators are inadequate and inaccessible for many
interested nurses.
(10) A broad incentive program must be available to willing
and qualified nurses that will provide financial support and
encourage them to pursue and maintain a career in nursing
education.
SEC. 3. NURSE FACULTY LOAN REPAYMENT PROGRAM.
Part E of title VIII of the Public Health Service Act (42 U.S.C.
297a et seq.) is amended by inserting after section 846A the following
new section:
``SEC. 846B. NURSE FACULTY LOAN REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, may
enter into an agreement with eligible individuals for the repayment of
education loans, in accordance with this section, to increase the
number of qualified nursing faculty.
``(b) Agreements.--Each agreement entered into under subsection (a)
shall require that the eligible individual shall serve as a full-time
member of the faculty of an accredited school of nursing for a total
period, in the aggregate, of at least 4 years during the 6-year period
beginning on the later of--
``(1) the date on which the individual receives a master's
or doctorate nursing degree from an accredited school of
nursing; or
``(2) the date on which the individual enters into an
agreement under subsection (a).
``(c) Agreement Provisions.--Agreements entered into pursuant to
subsection (a) shall be entered into on such terms and conditions as
the Secretary may determine, except that--
``(1) not more than 10 months after the date on which the
6-year period described under subsection (b) begins, but in no
case before the individual starts as a full-time member of the
faculty of an accredited school of nursing, the Secretary shall
begin making payments, for and on behalf of that individual, on
the outstanding principal of, and interest on, any loan of that
individual obtained to pay for such degree;
``(2) for an individual who has completed a master's degree
in nursing--
``(A) payments may not exceed $10,000 per calendar
year; and
``(B) total payments may not exceed $40,000; and
``(3) for an individual who has completed a doctorate
degree in nursing--
``(A) payments may not exceed $20,000 per calendar
year; and
``(B) total payments may not exceed $80,000.
``(d) Breach of Agreement.--
``(1) In general.--In the case of any agreement made under
subsection (a), the individual is liable to the Federal
Government for the total amount paid by the Secretary under
such agreement, and for interest on such amount at the maximum
legal prevailing rate, if the individual fails to meet the
agreement terms required under subsection (b).
``(2) Waiver or suspension of liability.--In the case of an
individual making an agreement for purposes of paragraph (1),
the Secretary shall provide for the waiver or suspension of
liability under such paragraph if compliance by the individual
with the agreement involved is impossible or would involve
extreme hardship to the individual or if enforcement of the
agreement with respect to the individual would be
unconscionable.
``(3) Date certain for recovery.--Subject to paragraph (2),
any amount that the Federal Government is entitled to recover
under paragraph (1) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(4) Availability.--Amounts recovered under paragraph (1)
shall be available to the Secretary for making loan repayments
under this section and shall remain available for such purpose
until expended.
``(e) Eligible Individual Defined.--For purposes of this section,
the term `eligible individual' means an individual who--
``(1) is a United States citizen, national, or lawful
permanent resident;
``(2) holds an unencumbered license as a registered nurse;
and
``(3) has either already completed a master's or doctorate
nursing program at an accredited school of nursing or is
currently enrolled on a full-time or part-time basis in such a
program.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2010 through 2014 to carry out this Act. Such sums shall
remain available until expended.
``(g) Sunset.--The provisions of this section shall terminate on
December 31, 2020.''. | Nurses' Higher Education and Loan Repayment Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to repay education loans in exchange for an individual working as a full-time member of the faculty of an accredited school of nursing. Terminates the provisions of this Act on December 31, 2020. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish a graduate degree loan repayment program for nurses who become nursing school faculty members."} | 1,610 | 87 | 0.433199 | 1.144364 | 0.541619 | 4.225 | 19.5 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The past decade has been a turbulent time for health
care facilities and nurses.
(2) Recent research published in the Journal of the
American Medical Association has shown that registered nurse
staffing levels have a significant impact on preventable deaths
in hospitals, and that the odds of patient mortality increase 7
percent for every additional patient added to the average
registered nurse's workload.
(3) Recent research supported by the Agency for Health Care
Research and Quality, the Centers for Medicare & Medicaid
Services, and the National Institute for Nursing Research shows
that inadequate registered nurse staffing is directly related
to serious complications such as pneumonia, upper
gastrointestinal bleeding, and urinary tract infections, as
well as failure to stop deaths caused by shock, cardiac arrest,
sepsis, and deep vein thrombosis in hospitalized patients.
(4) The Joint Commission on the Accreditation of Healthcare
Organizations recently reported that inadequate nurse staffing
contributes to nearly a quarter of all unexpected incidents
that kill or injure hospitalized patients.
(5) The Institute of Medicine has reported that both
nursing-to-resident staffing levels and the ratio of
professional nurses to other nursing personnel are important
indicators of high quality of care, and that the participation
of registered nurses in direct care giving and in the provision
of hands-on guidance to nurse assistants is positively
associated with quality of care in nursing facilities.
(6) Recent research conducted by the Centers for Medicare &
Medicaid Services found strong, objective proof that nurse
staffing in nursing homes is directly related to quality
measures such as sepsis, urinary tract infections, incidence of
pressure sores, resisting care improvement, and weight loss.
(7) As a payer for inpatient and outpatient hospital
services for individuals entitled to benefits under the
medicare and medicaid programs established under titles XVIII
and XIX of the Social Security Act, the Federal Government has
a compelling interest in promoting the safety of such
individuals by requiring providers participating in such
programs to provide these individuals with information
regarding nurse staffing levels.
SEC. 3. PUBLIC DISCLOSURE OF STAFFING AND OUTCOMES DATA.
(a) Disclosure of Staffing and Outcomes.--Any provider under the
medicare program shall, as a condition of continued participation in
such program, make publicly available information regarding nurse
staffing and patient outcomes as specified by the Secretary. Such
information shall include at least the following:
(1) The number of registered nurses providing direct
patient care. This information shall be expressed both in raw
numbers, in terms of total hours of nursing care per patient
(including adjustment for case mix and acuity), and as a
percentage of nursing staff, and shall be broken down in terms
of the total nursing staff, each unit, and each shift.
(2) The number of licensed practical nurses or licensed
vocational nurses providing direct care. This information shall
be expressed both in raw numbers, in terms of total hours of
nursing care per patient (including adjustment for case mix and
acuity), and as a percentage of nursing staff, and shall be
broken down in terms of the total nursing staff, each unit, and
each shift.
(3) Numbers of unlicensed personnel utilized to provide
direct patient care. This information shall be expressed both
in raw numbers and as a percentage of nursing staff and shall
be broken down in terms of the total nursing staff, each unit,
and each shift.
(4) The average number of patients per registered nurse,
licensed practical nurse, or unlicensed personnel providing
direct patient care. This information shall be broken down in
terms of the total nursing staff, each unit, and each shift.
(5) Risk-adjusted patient mortality rate (in raw numbers
and by diagnosis or diagnostic-related group).
(6) Incidence of adverse patient care incidents, including
as such incidents at least medication errors, patient injury,
pressure ulcers, nosocomial infections, and nosocomial urinary
tract infections.
(7) Methods used for determining and adjusting staffing
levels and patient care needs and the provider's compliance
with these methods.
(b) Disclosure of Complaints.--Data regarding complaints filed with
the State agency, the Centers for Medicare & Medicaid Services, or an
accrediting agency, compliance with the standards of which have been
deemed to demonstrate compliance with conditions of participation under
the medicare program, and data regarding investigations and findings as
a result of those complaints and the findings of scheduled inspection
visits, shall be made publicly available.
(c) Information on Data.--All data made publicly available under
this section shall indicate the source and currency of the data
provided.
(d) Waiver for Small Providers.--The Secretary may reduce reporting
requirements under this section in the case of a small provider (as
defined by the Secretary) for whom the imposition of the requirements
would be unduly burdensome.
(e) Reporting to Secretary.--Providers shall submit to the
Secretary in a uniform manner (as prescribed by the Secretary) the
nursing staff information described in subsection (a) through
electronic means not less frequently than quarterly.
(f) Secretarial Responsibilities.--The Secretary shall--
(1) make the information submitted pursuant to subsection
(a) publicly available, including by publication of such
information on the Internet site of the Department of Health
and Human Services; and
(2) provide for the auditing of such information for
accuracy as a part of the process of determining whether a
provider is eligible for continued participation in the
medicare program.
(g) Definitions.--For purposes of this section:
(1) Licensed practical nurse or licensed vocational
nurse.--The term ``licensed practical nurse or licensed
vocational nurse'' means an individual who is entitled under
State law or regulation to practice as a licensed practical
nurse or a licensed vocational nurse.
(2) Publicly available.--The term ``publicly available''
means, with respect to information of a provider, information
that is--
(A) provided to the Secretary and to any State
agency responsible for licensing or accrediting the
provider;
(B) provided to any State agency which approves or
oversees health care services delivered by the provider
directly or through an insuring entity or corporation;
and
(C) provided to any member of the public which
requests such information directly from the provider.
(3) Medicare program.--The term ``medicare program'' means
the programs under title XVIII of the Social Security Act.
(4) Provider.--The term ``provider'' means an entity that
is--
(A) a psychiatric hospital described in section
1861(f) of the Social Security Act (42 U.S.C.
1395x(f));
(B) a provider of services described in section
1861(u) of such Act (42 U.S.C. 1395x(u)), other than a
skilled nursing facility, as defined in section 1819(a)
of such Act (42 U.S.C. 1395i-3(a));
(C) a rural health clinic described in section
1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2));
(D) an ambulatory surgical center described in
section 1832(a)(2)(F)(i) of such Act (42 U.S.C.
1395k(a)(2)(F)(i)); or
(E) a renal dialysis facility described in section
1881(b)(1)(A) of such Act (42 U.S.C. 1395rr(b)(1)(A)).
(5) Registered nurse.--The term ``registered nurse'' means
an individual who is entitled under State law or regulation to
practice as a registered nurse.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PUBLIC DISCLOSURE OF ACCURATE DATA ON NURSING FACILITY
STAFFING.
(a) Medicare.--Section 1819(b)(8) of the Social Security Act (42
U.S.C. 1395i-3(b)) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``The information posted under this subparagraph
shall include information regarding nurse staffing with respect
to beds made available by reason of an agreement under section
1883.''; and
(2) by adding at the end the following new subparagraphs:
``(C) Submission and posting of data.--
``(i) In general.--Beginning on January 1,
2005, a skilled nursing facility shall submit
to the Secretary in a uniform manner (as
prescribed by the Secretary) the nursing staff
data described in section 3(a) of the Patient
Safety Act of 2004 through electronic means not
less frequently than quarterly and the
Secretary shall make such data publicly
available (as defined in section 3(g)(2) of
such Act), including by posting such data on an
Internet website.
``(ii) Information on nurse aides.--In
addition to the nursing staff data described in
clause (i), a skilled nursing facility shall
submit to the Secretary the numbers of nurse
aides (as defined in paragraph (5))(F))
utilized to provide direct patient care. This
information shall be expressed both in raw
numbers and as a percentage of nursing staff
and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
``(D) Audit of data.--As part of each standard
survey conducted under subsection (g)(2)(A), there
shall be an audit of the nursing staff data reported
under subparagraph (C) to ensure that such data are
accurate.''.
(b) Medicaid.--Section 1919(b)(8) of the Social Security Act (42
U.S.C. 1395r(b)(8)) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``The information posted under this subparagraph
shall include information regarding nurse staffing with respect
to beds made available by reason of an agreement under section
1883.''; and
(2) by adding at the end the following new subparagraphs:
``(C) Submission and posting of data.--
``(i) In general.--Beginning on January 1,
2005, a nursing facility shall submit to the
Secretary in a uniform manner (as prescribed by
the Secretary) the nursing staff data described
in section 3(a) of the Patient Safety Act of
2004 through electronic means not less
frequently than quarterly and the Secretary
shall make such data publicly available (as
defined in section 3(g)(2) of such Act),
including by posting such data on an Internet
website.
``(ii) Information on nurse aides.--In
addition to the nursing staff data described in
clause (i), a skilled nursing facility shall
submit to the Secretary the numbers of nurse
aides (as defined in paragraph (5))(F))
utilized to provide direct patient care. This
information shall be expressed both in raw
numbers and as a percentage of nursing staff
and shall be broken down in terms of the total
nursing staff, each unit, and each shift.
``(D) Audit of data.--As part of each standard
survey conducted under subsection (g)(2)(A), there
shall be an audit of the nursing staff data reported
under subparagraph (C) to ensure that such data are
accurate.''.
SEC. 5. CREATING A STAFFING QUALITY MEASURE FOR CONSUMERS TO COMPARE
NURSING FACILITIES.
(a) In General.--Beginning no later than 90 days after the date of
the enactment of this Act, and for as long as the Secretary of Health
and Human Services publishes quality measures to help the public
compare the quality of care that nursing facilities provide, these
quality measures shall include a quality measure for nursing staff
that--
(1) reflects the average daily total nursing hours worked
for the quarterly reporting period for which data are submitted
under sections 1819(b)(8)(C) and 1919(b)(8)(C) of the Social
Security Act (as added by subsections (a)(2) and (b)(2),
respectively, of section 4), as well as, in the case of a
skilled nursing facility, other information required to be
reported under section 3(a);
(2) is sensitive to case mix and quality outcomes;
(3) indicates the percentile in which each nursing facility
falls compared with other nursing facilities in the State;
(4) indicates the rate of retention of registered nurses,
licensed practical nurses, and certified nurse assistants; and
(5) includes such other measures as the Secretary
determines to be appropriate.
The Secretary shall not be required to comply with the requirements of
paragraph (2) to the extent that the development of a methodology to
comply with such requirement would delay the implementation of this
section.
(b) Form and Manner.--The nursing facility comparative staffing
measure described in subsection (a) shall be displayed in the same form
and manner as information that the Secretary displays to help the
public compare the quality of care that nursing facilities provide.
SEC. 6. PROTECTION OF CERTAIN ACTIVITIES BY EMPLOYEES OF MEDICARE
PROVIDERS.
(a) In General.--Subject to subsection (c), no provider under the
medicare program shall terminate or take other adverse employment
action (including the failure to promote an individual or provide any
employment-related benefit, an adverse evaluation or decision made in
relation to accreditation, certification, credentialing or licensing of
an individual, or other adverse personnel action) against any employee
or group of employees for actions taken for the purpose of--
(1) notifying the provider of conditions which the employee
or group of employees identifies, in communications with the
provider, as dangerous or potentially dangerous or injurious
to--
(A) patients who currently receive services from
the provider;
(B) individuals who are likely to receive services
from the provider; or
(C) employees of the provider;
(2) notifying a Federal or State agency or an accreditation
agency, compliance with the standards of which have been deemed
to demonstrate compliance with conditions of participation
under the medicare program, of such conditions as are
identified in paragraph (1);
(3) notifying other individuals of conditions which the
employee or group of employees reasonably believe to be such as
are described in paragraph (1);
(4) discussing such conditions as are identified in
paragraph (1) with other employees for the purposes of
initiating action described in paragraph (1), (2), or (3); or
(5) other related activities as specified in regulations
promulgated by the Secretary of Health and Human Services.
(b) Sanction.--A provider that takes an action in violation of
subsection (a) is subject to a civil money penalty of not more than
$20,000 for each such action. The provisions of section 1128A of the
Social Security Act (other than subsections (a) and (b)) shall apply to
civil money penalties under this subsection in the same manner as they
apply to a penalty or proceeding under section 1128A(a) of such Act.
(c) Exception.--The provisions of subsection (a) shall not apply to
the knowing or reckless provision of substantially false information by
an employee or group of employees.
SEC. 7. REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report on--
(1) the manner in which the Secretary intends to implement
reporting of additional nurse staffing variables such as unit
worked, day of week (weekday and weekend), and type of care
(direct or administrative) provided; and
(2) the most effective mechanisms for auditing nurse
staffing data under sections 1819(b)(8)(D) and 1919(b)(8)(D) of
the Social Security Act (as added by subsections (a)(2) and
(b)(2), respectively, of section 4) and for auditing nurse
staffing date under section 3(f)(2). | Patient Safety Act of 2004 - Requires any provider under the Medicare program (title XVIII of the Social Security Act ), as a condition of continued participation in such program, to make publicly available information regarding nurse staffing and patient outcomes as specified by the Secretary.
Requires the public availability of data regarding complaints filed with the State agency, the Centers for Medicare & Medicaid Services, or an accrediting agency, compliance with the standards of which have been deemed to demonstrate Medicare participation compliance, and data regarding investigations and findings as a result of those complaints and the findings of scheduled inspection visits.
Requires the Secretary to provide for the auditing of such information for accuracy as a part of the process of determining whether a provider is eligible for continued participation in the Medicare program.
Amends SSA title XVIII and XIX (Medicaid) to provide for public disclosure of accurate data on nursing facility staffing.
Creates a staffing quality measure for consumers to compare nursing facilities.
Prohibits adverse employment actions by Medicare providers against their employees for notifying the provider, or any Federal or State agency or accreditation agency, of conditions which are dangerous or potentially dangerous to patients. | {"src": "billsum_train", "title": "To require Medicare providers to disclose publicly staffing and performance in order to promote improved consumer information and choice."} | 3,514 | 262 | 0.529723 | 1.556192 | 0.675313 | 5.972851 | 14.547511 | 0.959276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation and Regional
Infrastructure Project Bonds Act of 2013'' or ``TRIP Bonds Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Our Nation's highways, transit systems, railroads,
ports, and inland waterways drive our economy, enabling all
industries to achieve growth and productivity that makes
America strong and prosperous.
(2) The establishment, maintenance, and improvement of the
national transportation network is a national priority, for
economic, environmental, energy, security, and other reasons.
(3) The ability to move people and goods is critical to
maintaining State, metropolitan, rural, and local economies.
(4) The construction of infrastructure requires combining
skills from numerous occupations, including those in the
contracting, engineering, planning and design, materials
supply, manufacturing, distribution, and safety industries.
(5) Investing in transportation infrastructure creates
long-term capital assets for the Nation that will help the
United States address its enormous infrastructure needs and
improve its economic productivity.
(6) Investment in transportation infrastructure creates
jobs and spurs economic activity to put people back to work and
stimulate the economy.
(7) Every billion dollars in transportation investment has
the potential to create up to 30,000 jobs.
(8) Every dollar invested in the Nation's transportation
infrastructure yields at least $5.70 in economic benefits
because of reduced delays, improved safety, and reduced vehicle
operating costs.
(9) Numerous experts have noted that the estimated cost to
maintain and improve our Nation's highways, bridges, and other
critical transportation infrastructure significantly exceeds
what is currently being provided by all levels of government.
(b) Purpose.--The purpose of this Act is to provide financing for
additional transportation infrastructure capital investments.
SEC. 3. CREDIT TO HOLDERS OF TRIP BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54G. TRIP BONDS.
``(a) TRIP Bond.--For purposes of this subpart, the term `TRIP
bond' means any bond issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this section for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a State infrastructure bank,
``(2) the bond is issued by or for the benefit of a State
infrastructure bank and is in registered form (within the
meaning of section 149(a)),
``(3) the State infrastructure bank designates such bond
for purposes of this section,
``(4) the term of each bond which is part of such issue
does not exceed 30 years,
``(5) the issue meets the requirements of subsection (e),
``(6) the State infrastructure bank certifies that the
State meets the State contribution requirement of subsection
(h), as in effect on the date of issuance, and
``(7) the State infrastructure bank certifies the State
meets the requirement described in subsection (i).
``(b) Qualified Project.--For purposes of this section--
``(1) In general.--The term `qualified project' means a
capital transportation infrastructure project of any
governmental unit or other person, including roads, bridges,
rail and transit systems, ports, and inland waterways proposed
and approved by a State infrastructure bank, but does not
include costs of operations or maintenance with respect to such
project.
``(2) Certain projects.--Such term also includes any flood
damage risk reduction project with a completed Report of the
Chief of Engineers, with the proceeds of issued bonds available
for a State to provide to the United States Army Corps of
Engineers (under section 5 of the Act entitled `An Act
authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes,'
approved June 22, 1936 (33 U.S.C. 701h)) funds in excess of any
required non-Federal cost share for such project.
``(c) Applicable Credit Rate.--In lieu of section 54A(b)(3), for
purposes of section 54A(b)(2), the applicable credit rate with respect
to an issue under this section is the rate equal to an average market
yield (as of the day before the date of sale of the issue) on
outstanding comparable-term corporate debt obligations (determined in
such manner as the Secretary prescribes).
``(d) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (a) by any State
infrastructure bank shall not exceed the TRIP bond limitation
amount allocated to such bank under paragraph (3).
``(2) National limitation amount.--There is a TRIP bond
limitation amount for each calendar year. Such limitation
amount is--
``(A) $5,000,000,000 for 2014,
``(B) $5,000,000,000 for 2015,
``(C) $10,000,000,000 for 2016,
``(D) $10,000,000,000 for 2017,
``(E) $10,000,000,000 for 2018,
``(F) $10,000,000,000 for 2019, and
``(G) except as provided in paragraph (4), zero
thereafter.
``(3) Allocations to states.--
``(A) In general.--The TRIP bond limitation amount
for each calendar year shall be allocated by the
Secretary among the States such that each State is
allocated 2 percent of such amount.
``(B) Return of unused allocations.--Any allocation
to a State under subparagraph (A) which remains unused
on the last day of the calendar year for which the
allocation was made shall be relinquished by the State
and reallocated by the Secretary proportionally among
participating States.
``(4) Carryover of unused issuance limitation.--If for any
calendar year the TRIP bond limitation amount under paragraph
(2) exceeds the amount of TRIP bonds issued during such year,
such excess shall be carried forward to 1 or more succeeding
calendar years as an addition to the TRIP bond limitation
amount under paragraph (2) for such succeeding calendar year
and until used by issuance of TRIP bonds.
``(e) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the State infrastructure bank reasonably expects--
``(A) at least 100 percent of the available project
proceeds of such issue are to be spent for 1 or more
qualified projects within the 5-year expenditure period
beginning on such date,
``(B) within the 12-month period beginning on such
date, to incur a binding commitment with a third party
for such third party--
``(i) to spend at least 10 percent of the
proceeds of such issue within the 12-month
period following the date of entering into such
commitment, or
``(ii) to commence construction within the
12-month period following the date of entering
into such commitment with respect to any
qualified project or combination of qualified
projects the costs of which account for at
least 10 percent of the proceeds of such issue,
and
``(C) to proceed with due diligence to complete
such projects and to spend the proceeds of such issue.
``(2) Rules regarding continuing compliance after 5-year
determination.--To the extent that less than 100 percent of the
available project proceeds of such issue are expended by the
close of the 5-year expenditure period beginning on the date of
issuance, the State infrastructure bank shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(f) Recapture of Portion of Credit Where Cessation of
Compliance.--If any bond which when issued purported to be a TRIP bond
ceases to be such a bond, the State infrastructure bank shall pay to
the United States (at the time required by the Secretary) an amount
equal to the sum of--
``(1) the aggregate of the credits allowable under section
54A with respect to such bond (determined without regard to
section 54A(c)) for taxable years ending during the calendar
year in which such cessation occurs and each succeeding
calendar year ending with the calendar year in which such bond
is redeemed by the bank, and
``(2) interest at the underpayment rate under section 6621
on the amount determined under paragraph (1) for each calendar
year for the period beginning on the first day of such calendar
year.
``(g) TRIP Bonds Trust Accounts.--
``(1) In general.--The following amounts shall be held in a
TRIP Bonds Trust Account (including 1 or more subaccounts) by
each State infrastructure bank:
``(A) The proceeds from the sale of all bonds
issued by or for the benefit of such bank under this
section.
``(B) The amounts described in subsection (h).
``(C) Any earnings on any amounts described in
subparagraph (A) or (B).
``(2) Use of funds.--Amounts in each TRIP Bonds Trust
Account may be used only to pay costs of qualified projects,
pay interest (if any) on TRIP bonds, and redeem TRIP bonds,
except that amounts withdrawn from the TRIP Bonds Trust Account
to pay costs of qualified projects may not exceed the proceeds
from the sale of TRIP bonds described in subsection (a)(1).
``(3) Use of remaining funds in trip bonds trust account.--
Upon the redemption of all TRIP bonds issued by the State
infrastructure bank under this section, any remaining amounts
in the TRIP Bonds Trust Account held by such bank shall be
available to pay the costs of any qualified project in such
State.
``(4) Applicability of federal law.--The requirements of
any Federal law, including titles 23, 40, and 49 of the United
States Code, which would otherwise apply to projects to which
the United States is a party or to funds made available under
such law and projects assisted with those funds shall apply
to--
``(A) funds made available under each TRIP Bonds
Trust Account for similar qualified projects, other
than contributions required under subsection (h), and
``(B) similar qualified projects assisted through
the use of such funds.
``(5) Investment.--Subject to subsections (e) and (f), it
shall be the duty of the State infrastructure bank to invest in
investment grade obligations such portion of the TRIP Bonds
Trust Account held by such Bank as is not, in the judgment of
such bank, required to meet current withdrawals. To the extent
cost-effective, investments should be made in securities that
support infrastructure investment at the State and local level.
``(h) State Contribution Requirements.--
``(1) In general.--For purposes of subsection (a)(6), the
State contribution requirement of this subsection is met if the
State infrastructure bank has obtained a commitment, not later
than the date of issuance of the bond, for deposit into the
TRIP Bonds Trust Account equal annual installments sufficient,
together with earnings thereon, to repay the principal of the
TRIP bond at maturity.
``(2) State contributions may not include federal funds.--
For purposes of this subsection, State contributions shall not
be derived, directly or indirectly, from Federal funds,
including any transfers from the Highway Trust Fund under
section 9503.
``(3) Requirements in lieu of any other matching
contribution requirements.--For purposes of subsection (g)(4),
the TRIP bond proceeds may be applied toward any State matching
contribution requirement under any other Federal law.
``(i) Utilization of Updated Construction Technology for Qualified
Projects.--For purposes of subsection (a)(7), the requirement of this
subsection is met if the appropriate State agency relating to the
qualified project is utilizing updated construction technologies.
``(j) Other Definitions and Special Rules.--For purposes of this
section--
``(1) State infrastructure bank.--
``(A) In general.--The term `State infrastructure
bank' means a State infrastructure bank established
under section 610 of title 23, United States Code, and
includes a joint venture among 2 or more State
infrastructure banks. Such term also includes, with
respect to any State that has not established a State
infrastructure bank prior to the date of the enactment
of this section, the State Department of Transportation
of such State, or such other public instrumentality
designated by the State to issue bonds under this
section.
``(B) Special authority.--Notwithstanding any other
provision of law, a State infrastructure bank shall be
authorized to perform any of the functions necessary to
carry out the purposes of this section, including the
making of direct grants to qualified projects from
available project proceeds of TRIP bonds issued by such
bank.
``(2) Prohibition on use of highway trust fund.--
Notwithstanding any other provision of law, no funds derived
from the Highway Trust Fund established under section 9503
shall be used to pay for credits under this section.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``or'' at the end of subparagraph
(D),
(B) by inserting ``or'' at the end of subparagraph
(E),
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) a TRIP bond,'', and
(D) by inserting ``(paragraphs (3), (4), and (6),
in the case of a TRIP bond)'' after ``and (6)''.
(2) Subparagraph (C) of section 54A(d)(2) of such Code is
amended by striking ``and'' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting ``,
and'', and by adding at the end the following new clause:
``(vi) in the case of a TRIP bond, a
purpose specified in section 54G(a)(1).''.
(c) Clerical Amendment.--The table of sections for subpart I of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 54G. TRIP bonds.''.
(d) Effective Date.--The amendments made by this Act shall apply to
bonds issued after December 31, 2013. | Transportation and Regional Infrastructure Project Bonds Act of 2013 or TRIP Bonds Act - Amends the Internal Revenue Code to allow an income tax credit for any TRIP bond issued by or for the benefit of a state infrastructure bank as part of an issue, if 100% of the available project proceeds from such issue are to be used for expenditures incurred for one or more qualified projects. Requires proceeds from the sale of bonds issued under this Act to be held in a TRIP Bonds Trust Account (including one or more subaccounts). Defines "qualified project" as a capital transportation infrastructure project (including roads, bridges, rail and transit systems, ports, and inland waterways) proposed and approved by a state infrastructure bank, as well as any flood damage risk reduction project with a completed Report of the Chief of Engineers of the Army Corps of Engineers. | {"src": "billsum_train", "title": "TRIP Bonds Act"} | 3,220 | 196 | 0.542148 | 1.672999 | 0.719456 | 4.382716 | 19.135802 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2007''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) by amending paragraph (4) to read as follows:
``(4) award grants to pay for or train officers hired to
perform intelligence, anti-terror, or homeland security
duties;'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine;
``(17) establish criminal gang enforcement task forces,
consisting of members of Federal, State, and local law
enforcement authorities (including Federal, State, and local
prosecutors), for the coordinated investigation, disruption,
apprehension, and prosecution of criminal gangs and offenders
involved in local or multi-jurisdictional gang activities; and
``(18) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who has been honorably discharged from the Armed
Forces of the United States.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this paragraph.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated--
(A) by striking ``the Federal share shall decrease
from year to year for up to 5 years'' and inserting
``unless the Attorney General waives the non-Federal
contribution requirement as described in the preceding
sentence, the non-Federal share of the costs of hiring
or rehiring such officers may be less than 25 percent
of such costs for any year during the grant period,
provided that the non-Federal share of such costs shall
not be less than 25 percent in the aggregate for the
entire grant period, but the State or local government
should make an effort to increase the non-Federal share
of such costs during the grant period''; and
(B) by adding at the end the following new
sentence: ``The preceding sentences shall not apply
with respect to any program, project, or activity
provided by a grant made pursuant to subsection
(b)(4).''; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall''; and
(B) in paragraph (8), by striking ``share of the
cost'' and all that follows and inserting ``share of
the costs during the grant period, how the applicant
will maintain the increased hiring level of the law
enforcement officers, and how the applicant will
eventually assume responsibility for all of the costs
for such officers;''; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--Except as provided in subsection (b), a grant
made under this part may be renewed, without limitations on the
duration of such renewal, to provide additional funds if the Attorney
General determines that the funds made available to the recipient were
used in a manner required under an approved application and if the
recipient can demonstrate significant progress in achieving the
objectives of the initial application.
``(b) Grants for Hiring.--Grants made under this part for hiring or
rehiring additional career law enforcement officers may be renewed for
up to 5 years, except that the Attorney General may waive such 5-year
limitation for good cause.
``(c) No Cost Extensions.--Notwithstanding subsections (a) and (b),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a)--
(A) by striking ``that would, in the absence of
Federal funds received under this part, be made
available from State or local sources'' and inserting
``that the Attorney General determines would, in the
absence of Federal funds received under this part, be
made available for the purpose of the grant under this
part from State or local sources''; and
(B) by adding at the end the following new
sentence: ``The preceding sentence shall not apply with
respect to funds made available under this part by a
grant made pursuant to subsection (a) for the purposes
described in subsection (b)(4).''; and
(2) by striking subsection (c).
(e) Study of Program Effectiveness.--Section 1705 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-4) is
amended by adding at the end the following new subsection:
``(d) Study of Program Effectiveness.--
``(1) In general.--The Attorney General shall provide for a
scientific study of the effectiveness of the programs,
projects, and activities funded under this part in reducing
crime.
``(2) Study.--The Attorney General shall select one or more
institutions of higher education, including historically Black
colleges and universities, to conduct the study described in
paragraph (1).
``(3) Reports.--Not later than 4 years after the date of
the enactment of the COPS Improvements Act of 2007, the
institution or institutions selected under paragraph (2) shall
report the findings of the study described in paragraph (1) to
the Attorney General. Not later than 30 days after the receipt
of such report, the Attorney General shall report such findings
to the appropriate committees of Congress, along with any
recommendations the Attorney General may have relating to the
effectiveness of the programs, projects, and activities funded
under this part in reducing crime.''.
(f) Enforcement Actions.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(1) in the section heading, by striking ``revocation or
suspension of funding'' and inserting ``enforcement actions'';
and
(2) by striking ``revoke or suspend'' and all that follows
and inserting ``take any enforcement action available to the
Department of Justice.''.
(g) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended by
inserting ``who is a sworn law enforcement officer'' after ``permanent
basis''.
(h) Authorization of Appropriations.--Section 1001(a)(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(11)) is amended--
(1) in subparagraph (A), by striking ``1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``1,150,000,000 for each of fiscal years 2008 through 2013'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3 percent
may be used for technical assistance under section
1701(d)'' and inserting ``5 percent may be used for
technical assistance under section 1701(f)''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(i) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(j) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''.
SEC. 3. REPORT BY INSPECTOR GENERAL REQUIRED.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall submit to Congress a report on the Public Safety and
Community Policing (``COPS ON THE BEAT'') grant program authorized by
part Q of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd et seq.), including the elements described in
subsection (b).
(b) Elements of Report.--The report submitted under subsection (a)
shall include information on the following, with respect to the grant
program described in such subsection:
(1) The effect of the program on the rate of violent crime,
drug offenses, and other crimes.
(2) The degree to which State and local governments awarded
a grant under the program contribute State and local funds,
respectively, for law enforcement programs and activities.
(3) Any waste, fraud, or abuse within the program.
(c) Random Sampling Required.--For purposes of subsection (a), the
Inspector General of the Department of Justice shall audit and review a
random sampling of State and local law enforcement agencies. Such
sampling shall include--
(1) law enforcement agencies of various sizes;
(2) law enforcement agencies that serve various
populations; and
(3) law enforcement agencies that serve areas of various
crime rates.
Passed the House of Representatives May 15, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | COPS Improvements Act of 2007 - (Sec. 2) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for: (1) the hiring or training of law enforcement officers for intelligence, anti-terror, and homeland security duties; (2) the hiring of school resource officers; (3) school-based partnerships between local law enforcement agencies and schools to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools; (4) innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; (5) criminal gang enforcement task forces; and (6) enhanced community policing and crime prevention grants that meet emerging law enforcement needs.
Allows COPS program grants to be used to hire former members of the Armed Forces to serve as career law enforcement officers for community-oriented policing, particularly in communities adversely affected by a recent military base closing.
Authorizes the Attorney General to make grants to: (1) assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and (2) develop new technologies to assist state and local law enforcement agencies in crime prevention.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS grant program.
Authorizes the Attorney General to renew COP program grants if grant recipients can demonstrate significant progress in achieving the objectives of the initial grant application.
Requires the Attorney General to select one or more institutions of higher education, including historically Black colleges and universities, to conduct a scientific study of the effectiveness of the programs, projects, and activities funded by the COPS program. Requires such institutions to report on on their studies to the Attorney General not later than four years after the enactment of this Act. Requires the Attorney General to report to Congress on such studies.
Increases and extends through FY2013 the authorization of appropriations for the COPS program. Increases from 3 to 5% the amount of funds available for technical assistance. Specifies amounts to be made available for hiring officers and prosecutors, and for technology grants.
(Sec. 3) Requires the Inspector General of the Department of Justice to report to Congress on the COPS program, including information on: (1) the effect of the program on the rate of violent crime, drug offenses, and other crimes; (2) the degree to which state and local governments awarded a COPS grant contribute funds for law enforcement programs and activities; and (3) any waste, fraud, or abuse in the program. Requires the Inspector General to audit and review a random sampling of state and local law enforcement agencies in preparing such report. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes."} | 3,647 | 627 | 0.603344 | 1.915779 | 0.730893 | 4.354724 | 6.024955 | 0.942959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Lands Against Narcotics
Trafficking Act of 2015'' or the ``PLANT Act''.
SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMENDMENTS.
(a) Cultivating or Manufacturing Controlled Substances on Federal
Property.--Section 401(b)(5) of the Controlled Substances Act (21
U.S.C. 841(b)(5)) is amended, in the matter preceding subparagraph (A),
by striking ``as provided in this subsection'' and inserting ``for not
more than 10 years, in addition to any other term of imprisonment
imposed under this subsection''.
(b) Environmental Harms and Other Hazards.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall amend and review the Federal
Sentencing Guidelines and policy statements to ensure that the
guidelines provide for a penalty enhancement of not less than 1 offense
level for a violation of section 401(a) of the Controlled Substances
Act (21 U.S.C. 841(a)) while on Federal property or while intentionally
trespassing on the property of another if the offense--
(1) creates a hazard to humans, wildlife, or domestic
animals;
(2) degrades or harms the environment or natural resources;
or
(3) pollutes an aquifer, spring, stream, river, or body of
water.
(c) Stream Diversion or Clear Cutting on Federal Property or While
Intentionally Trespassing on the Property of Another.--
(1) Prohibition on stream diversion or clear cutting on
federal property or while intentionally trespassing on the
property of another.--Section 401(b) of the Controlled
Substances Act (21 U.S.C. 841(b)), as amended by subsection
(a), is amended by adding at the end the following:
``(8) Destruction of bodies of water or timber.--
``(A) In general.--Any person who violates
subsection (a) in a manner that diverts, redirects,
obstructs, or drains an aquifer, spring, stream, river,
or body of water or clear cuts timber while cultivating
or manufacturing a controlled substance on Federal
property or while cultivating or manufacturing a
controlled substance while intentionally trespassing on
the property of another shall be fined an amount not to
exceed--
``(i) the amount authorized in accordance
with this section;
``(ii) the amount authorized in accordance
with the provisions of title 18, United States
Code;
``(iii) $500,000 if the defendant is an
individual; or
``(iv) $1,000,000 if the defendant is other
than an individual.
``(B) Use of amounts from fines.--
``(i) In general.--The Secretary of the
Treasury shall transfer to the Secretary of the
Interior, for use in accordance with clause
(ii), the amounts received as fines for a
violation described in subparagraph (A).
``(ii) Funds.--The Secretary of the
Interior shall use the amounts transferred
under clause (i) to address the environmental
damage caused by any offense described in
subparagraph (A).''.
(2) Federal sentencing guidelines enhancement.--Pursuant to
its authority under section 994 of title 28, United States
Code, the United States Sentencing Commission shall review and
amend the Federal Sentencing Guidelines and policy statements
to ensure that the guidelines provide for a penalty enhancement
of not less than 1 offense level for a violation of section
401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if
the offense involves the diversion, redirection, obstruction,
or draining of an aquifer, spring, stream, river, or body of
water or the clear cut of timber while cultivating or
manufacturing a controlled substance on Federal property or
while cultivating or manufacturing a controlled substance while
intentionally trespassing on the property of another.
(3) Technical and conforming amendment.--Section
1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(b)(1)(A)) is amended--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by inserting after clause (ii) the following:
``(iii) section 401(b)(8) of the Controlled
Substances Act (21 U.S.C. 841(b)(8)); and''.
(d) Booby Traps on Federal Property.--Section 401(d)(1) of the
Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting
``cultivated,'' after ``is being''.
(e) Use or Possession of Firearms in Connection With Drug Offenses
on Federal Property or While Intentionally Trespassing on the Property
of Another.--Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall
review and amend the Federal Sentencing Guidelines and policy
statements to ensure that the guidelines provide for a penalty
enhancement of not less than 1 offense level for a violation of section
401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the
offense involves the possession of a firearm while cultivating or
manufacturing a controlled substance on Federal property or while
cultivating or manufacturing a controlled substance while intentionally
trespassing on the property of another. | Protecting Lands Against Narcotics Trafficking Act of 2015 or the PLANT Act Amends the Controlled Substances Act to: (1) impose an additional term of up to ten years' imprisonment for cultivating or manufacturing controlled substances on federal property; and (2) apply the prohibition against assembling, maintaining, or placing a booby trap on federal property where a controlled substance is being manufactured to federal property where a controlled substance is being cultivated. Directs the U.S. Sentencing Commission to amend and review the Federal Sentencing Guidelines to provide for a penalty enhancement of not less than one offense level for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a controlled substance or a counterfeit substance while on federal property or while intentionally trespassing on the property of another if such offense: (1) creates a hazard to humans, wildlife, or domestic animals; (2) degrades or harms the environment or natural resources; (3) pollutes an aquifer, spring, stream, river, or body of water; (4) involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance; or (5) involves the possession of a firearm while cultivating or manufacturing controlled substances. Prohibits, and sets penalties of up to $500,000 for an individual or $1 million for other than an individual for, diverting, redirecting, obstructing, or draining an aquifer, spring, stream, river, or body of water or clear cutting timber while cultivating or manufacturing a controlled substance on federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another. Requires such fines to be transferred to the Department of the Interior for use in addressing the environmental damage caused by the offense. | {"src": "billsum_train", "title": "PLANT Act"} | 1,313 | 434 | 0.721754 | 2.233855 | 0.851506 | 5.574648 | 2.932394 | 0.88169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Stability Oversight
Council Reform Act''.
SEC. 2. FUNDING.
(a) In General.--Section 155 of the Financial Stability Act of 2010
(12 U.S.C. 5345) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``be immediately
available to the Office'' and inserting ``be available
to the Office, as provided for in appropriation Acts'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2); and
(2) in subsection (d), by amending the heading to read as
follows: ``Assessment Schedule.--''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2016.
SEC. 3. QUARTERLY REPORTING.
Section 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343)
is amended by adding at the end the following:
``(g) Quarterly Reporting.--
``(1) In general.--Not later than 60 days after the end of
each quarter, the Office shall submit reports on the Office's
activities to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
``(2) Contents.--The reports required under paragraph (1)
shall include--
``(A) the obligations made during the previous
quarter by object class, office, and activity;
``(B) the estimated obligations for the remainder
of the fiscal year by object class, office, and
activity;
``(C) the number of full-time equivalents within
the Office during the previous quarter;
``(D) the estimated number of full-time equivalents
within each office for the remainder of the fiscal
year; and
``(E) actions taken to achieve the goals,
objectives, and performance measures of the Office.
``(3) Testimony.--At the request of any committee specified
under paragraph (1), the Office shall make officials available
to testify on the contents of the reports required under
paragraph (1).''.
SEC. 4. PUBLIC NOTICE AND COMMENT PERIOD.
Section 153(c) of the Financial Stability Act of 2010 (12 U.S.C.
5343(c)) is amended by adding at the end the following:
``(3) Public notice and comment period.--The Office shall
provide for a public notice and comment period of not less than
90 days before issuing any proposed report, rule, or
regulation.
``(4) Additional report requirements.--
``(A) In general.--Except as provided under
paragraph (3), the requirements under section 553 of
title 5, United States Code, shall apply to a proposed
report of the Office to the same extent as such
requirements apply to a proposed rule of the Office.
``(B) Exception for certain reports.--This
paragraph and paragraph (3) shall not apply to a report
required under subsection (g)(1) or section
154(d)(1).''.
SEC. 5. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH.
Section 153 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5343), as amended by section 3, is further
amended by adding at the end the following new subsection:
``(h) Additional Duties.--
``(1) Annual work plan.--
``(A) In general.--The Director shall, after a
period of 60 days for public notice and comment,
annually publish a detailed work plan concerning the
priorities of the Office for the upcoming fiscal year.
``(B) Requirements.--The work plan shall include
the following:
``(i) A unique alphanumeric identifier and
detailed description of any report, study,
working paper, grant, guidance, data
collection, or request for information that is
expected to be in progress during, or scheduled
to begin in, the upcoming fiscal year.
``(ii) For each item listed under clause
(i), a target date for any significant actions
related to such item, including the target
date--
``(I) for the release of a report,
study, or working paper;
``(II) for, and topics of, a
meeting of a working paper group and
each solicitation of applications for
grants; and
``(III) for the issuance of
guidance, data collections, or requests
for information.
``(iii) A list of all technical and
professional advisory committees that is
expected to be convened in the upcoming fiscal
year pursuant to section 152(h).
``(iv) The name and professional
affiliations of each individual who served
during the previous fiscal year as an academic
or professional fellow pursuant to section
152(i).
``(v) A detailed description of the
progress made by primary financial regulatory
agencies in adopting a unique alphanumeric
system to identify legally distinct entities
that engage in financial transactions (commonly
known as a `Legal Entity Identifier'),
including a list of regulations requiring the
use of such a system and actions taken to
ensure the adoption of such a system by primary
financial regulatory agencies.
``(2) Public reports.--
``(A) Consultation.--In preparing any public report
with respect to a specified entity, class of entities,
or financial product or service, the Director shall
consult with any Federal department or agency with
expertise in regulating the entity, class of entities,
or financial product or service.
``(B) Report requirements.--A public report
described in subparagraph (A) shall include--
``(i) an explanation of any changes made as
a result of a consultation under this
subparagraph and, with respect to any changes
suggested in such consultation that were not
made, the reasons that the Director did not
incorporate such changes; and
``(ii) information on the date, time, and
nature of such consultation.
``(C) Notice and comment.--Before issuing any
public report described in subparagraph (A), the
Director shall provide a period of 90 days for public
notice and comment on the report.
``(3) Cybersecurity plan.--
``(A) In general.--The Office shall develop and
implement a cybersecurity plan that uses appropriate
safeguards that are adequate to protect the integrity
and confidentiality of the data in the possession of
the Office.
``(B) GAO review.--The Comptroller General of the
United States shall annually audit the cybersecurity
plan and its implementation described in subparagraph
(A).''.
Passed the House of Representatives April 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Financial Stability Oversight Council Reform Act This bill amends the Financial Stability Act of 2010 to make the budgets of the Financial Stability Oversight Council (FSOC) and the Office of Financial Research (OFR) subject to the annual appropriations process and to establish requirements for reports and a public notice and comment period. (Sec. 2) The budgets of the FSOC and the OFR are funded by assessments on financial institutions which are deposited into the Financial Research Fund and, under current law, are immediately available to be spent. This bill requires the funding from the Financial Research Fund to be made available by appropriations Acts. (Sec. 3) The OFR must submit quarterly reports to Congress regarding its: finances; workforce; and actions taken to achieve the goals, objectives, and performance measures of the office. (Sec. 4) The OFR must provide a public notice and comment period of at least 90 days before issuing any proposed report, rule, or regulation. (Sec. 5) The bill expands the duties of the OFR to include: publishing an annual work plan; consulting with other federal departments and agencies with relevant expertise prior to preparing any public report with respect to a specified entity, class of entities, or financial product or service; and developing and implementing a cybersecurity plan. The Government Accountability Office must annually audit the cybersecurity plan and its implementation. | {"src": "billsum_train", "title": "Financial Stability Oversight Council Reform Act"} | 1,538 | 302 | 0.56299 | 1.633876 | 0.688566 | 2.9631 | 5.276753 | 0.785978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment in America Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research and development performed in the United States
results in quality jobs, better and safer products, increased
ownership of technology-based intellectual property, and higher
productivity in the United States.
(2) The extent to which companies perform and increase
research and development activities in the United States is in
part dependent on Federal tax policy.
(3) Congress should make permanent a research and
development credit that provides a meaningful incentive to all
types of taxpayers.
SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. INCREASE IN RATES OF ALTERNATIVE INCREMENTAL CREDIT.
(a) In General.--Subparagraph (A) of section 41(c)(4) of the
Internal Revenue Code of 1986 (relating to election of alternative
incremental credit) is amended--
(1) by striking ``2.65 percent'' and inserting ``3
percent'',
(2) by striking ``3.2 percent'' and inserting ``4
percent'', and
(3) by striking ``3.75 percent'' and inserting ``5
percent''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
SEC. 5. ALTERNATIVE SIMPLIFIED CREDIT FOR QUALIFIED RESEARCH EXPENSES.
(a) In General.--Subsection (c) of section 41 of the Internal
Revenue Code of 1986 (relating to base amount) is amended by
redesignating paragraphs (5) and (6) as paragraphs (6) and (7),
respectively, and by inserting after paragraph (4) the following new
paragraph:
``(5) Election of alternative simplified credit.--
``(A) In general.--At the election of the taxpayer,
the credit determined under subsection (a)(1) shall be
equal to 12 percent of so much of the qualified
research expenses for the taxable year as exceeds 50
percent of the average qualified research expenses for
the 3 taxable years preceding the taxable year for
which the credit is being determined.
``(B) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(i) Taxpayers to which subparagraph
applies.--The credit under this paragraph shall
be determined under this subparagraph if the
taxpayer has no qualified research expenses in
any 1 of the 3 taxable years preceding the
taxable year for which the credit is being
determined.
``(ii) Credit rate.--The credit determined
under this subparagraph shall be equal to 6
percent of the qualified research expenses for
the taxable year.
``(C) Election.--An election under this paragraph
shall apply to the taxable year for which made and all
succeeding taxable years unless revoked with the
consent of the Secretary. An election under this
paragraph may not be made for any taxable year to which
an election under paragraph (4) applies.''
(b) Coordination With Election of Alternative Incremental Credit.--
(1) In general.--Section 41(c)(4)(B) of the Internal
Revenue Code of 1986 (relating to election) is amended by
adding at the end the following: ``An election under this
paragraph may not be made for any taxable year to which an
election under paragraph (5) applies.''
(2) Transition rule.--In the case of an election under
section 41(c)(4) of the Internal Revenue Code of 1986 which
applies to the taxable year which includes the date of the
enactment of this Act, such election shall be treated as
revoked with the consent of the Secretary of the Treasury if
the taxpayer makes an election under section 41(c)(5) of such
Code (as added by subsection (a)) for such year.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Investment in America Act of 2003 - Amends the Internal Revenue Code to make permanent the credit for increasing research activities. Increases the alternative incremental credit rates. Provides an alternative credit for qualified research expenses. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently extend the research credit, to increase the rates of the alternative incremental credit, and to provide an alternative simplified credit for qualified research expenses."} | 1,014 | 44 | 0.581733 | 1.361826 | 1.107248 | 3.421053 | 23.605263 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pediatric, Adolescent, and Young
Adult Cancer Survivorship Research and Quality of Life Act of 2011''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) An estimated 12,400 children and adolescents under age
20 are diagnosed with cancer each year.
(2) In 1960, only 4 percent of children with cancer
survived more than 5 years, but by 2011, cure rates have
increased to 78 percent for children and adolescents under age
20.
(3) The population of survivors of childhood cancers has
grown dramatically, to more than 300,000 individuals of all
ages as of 2007.
(4) As many as \2/3\ of childhood cancer survivors are
likely to experience at least one late effect of treatment,
with as many as \1/4\ experiencing a late effect that is
serious or life-threatening. The most common late effects of
childhood cancer are neurocognitive, psychological,
cardiopulmonary, endocrine, and musculoskeletal effects and
secondary malignancies.
(5) The late effects of cancer treatment may change as
treatments evolve, which means that the monitoring and
treatment of cancer survivors may need to be modified on a
routine basis.
(6) The Institute of Medicine, in its reports on cancer
survivorship entitled ``Childhood Cancer Survivorship:
Improving Care and Quality of Life'', states that an organized
system of care and a method of care for pediatric cancer
survivors is needed.
SEC. 3. CANCER SURVIVORSHIP PROGRAMS.
(a) Cancer Survivorship Programs.--Subpart 1 of part C of title IV
of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by
adding at the end the following:
``SEC. 417G. PILOT PROGRAMS TO EXPLORE MODEL SYSTEMS OF CARE FOR
PEDIATRIC CANCER SURVIVORS.
``(a) In General.--The Secretary may make grants to eligible
entities to establish pilot programs to develop, study, or evaluate
model systems for monitoring and caring for childhood cancer survivors.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means--
``(1) a medical school;
``(2) a children's hospital;
``(3) a cancer center; or
``(4) any other entity with significant experience and
expertise in treating survivors of childhood cancers.
``(c) Use of Funds.--The Secretary may make a grant under this
section to an eligible entity only if the entity agrees--
``(1) to use the grant to establish a pilot program to
develop, study, or evaluate one or more model systems for
monitoring and caring for cancer survivors; and
``(2) in developing, studying, and evaluating such systems,
to give special emphasis to--
``(A) the design of protocols for different models
of follow-up care, monitoring, and other survivorship
programs (including peer support and mentoring
programs);
``(B) the development of various models for
providing multidisciplinary care;
``(C) the dissemination of information and the
provision of training to health care providers about
how to provide linguistically and culturally competent
follow-up care and monitoring to cancer survivors and
their families;
``(D) the development of support programs to
improve the quality of life of cancer survivors;
``(E) the design of systems for the effective
transfer of treatment information and care summaries
from cancer care providers to other health care
providers (including risk factors and a plan for
recommended follow-up care);
``(F) the dissemination of the information and
programs described in subparagraphs (A) through (E) to
other health care providers (including primary care
physicians and internists) to cancer survivors and
their families, where appropriate; and
``(G) the development of initiatives that promote
the coordination and effective transition of care
between cancer care providers, primary care physicians,
and mental health professionals.
``(d) Funding.--For each of fiscal years 2013 through 2017, the
Secretary may transfer out of funds otherwise appropriated to the
Department of Health and Human Services for a fiscal year the amount
necessary to carry out this section.
``SEC. 417G-1. WORKFORCE DEVELOPMENT COLLABORATIVE ON MEDICAL AND
PSYCHOSOCIAL CARE FOR CHILDHOOD CANCER SURVIVORS.
``(a) In General.--Not later than 1 year after the date of
enactment of the Pediatric, Adolescent, and Young Adult Cancer
Survivorship Research and Quality of Life Act of 2011, the Secretary
may convene a Workforce Development Collaborative on Medical and
Psychosocial Care for Pediatric Cancer Survivors (referred to in this
paragraph as the `Collaborative'). The Collaborative shall be a cross-
specialty, multidisciplinary group composed of educators, consumer and
family advocates, and providers of psychosocial and biomedical health
services.
``(b) Goals and Reports.--The Collaborative shall submit to the
Secretary a report establishing a plan to meet the following objectives
for medical and psychosocial care workforce development:
``(1) Identifying, refining, and broadly disseminating to
healthcare educators information about workforce competencies,
models, and preservices curricula relevant to providing medical
and psychosocial services to individuals with pediatric
cancers.
``(2) Adapting curricula for continuing education of the
existing workforce using efficient workplace-based learning
approaches.
``(3) Developing the skills of faculty and other trainers
in teaching psychosocial health care using evidence-based
teaching strategies.
``(4) Strengthening the emphasis on psychosocial healthcare
in educational accreditation standards and professional
licensing and certification exams by recommending revisions to
the relevant oversight organizations.
``(5) Evaluating the effectiveness of patient navigators in
pediatric cancer survivorship care.
``(6) Evaluating the effectiveness of peer support programs
in the psychosocial care of pediatric cancer patients and
survivors.
``(c) Funding.--For each of fiscal years 2013 through 2017, the
Secretary may transfer out of funds otherwise appropriated to the
Department of Health and Human Services for a fiscal year the amount
necessary to carry out this section.''.
(b) Technical Amendment.--
(1) In general.--Section 3 of the Hematological Cancer
Research Investment and Education Act of 2002 (Public Law 107-
172; 116 Stat. 541) is amended by striking ``section 419C'' and
inserting ``section 417C''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in section 3 of the
Hematological Cancer Research Investment and Education Act of
2002 (Public Law 107-172; 116 Stat. 541).
SEC. 4. GRANTS TO IMPROVE CARE FOR PEDIATRIC CANCER SURVIVORS.
Section 417E of the Public Health Service Act (42 U.S.C. 285a-11)
is amended--
(1) in the heading, by striking ``research and awareness''
and inserting ``research, awareness, and survivorship'';
(2) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(4); and
(B) by inserting after paragraph (1) the following:
``(2) Research on causes of health disparities in pediatric
cancer survivorship.--
``(A) Grants.--The Director of NIH, acting through
the Director of the Institute, in coordination with
ongoing research activities, may make grants to
entities to conduct research relating to--
``(i) needs and outcomes of pediatric
cancer survivors within minority or other
medically underserved populations;
``(ii) health disparities in pediatric
cancer survivorship outcomes within minority or
other medically underserved populations;
``(iii) barriers that pediatric cancer
survivors within minority or other medically
underserved populations face in receiving
follow-up care; and
``(iv) familial, socioeconomic, and other
environmental factors and the impact of such
factors on treatment outcomes and survivorship.
``(B) Balanced approach.--In making grants for
research under subparagraph (A)(i) on pediatric cancer
survivors within minority or other medically
underserved populations, the Director of NIH shall
ensure that such research addresses both the physical
and the psychological needs of such survivors.
``(3) Research on late effects and follow-up care for
pediatric cancer survivors.--The Director of NIH, in
coordination with ongoing research activities, shall conduct or
support research on follow-up care for pediatric cancer
survivors, with special emphasis given to--
``(A) the development of indicators used for long-
term patient tracking and analysis of the late effects
of cancer treatment for pediatric cancer survivors;
``(B) the identification of risk factors associated
with the late effects of cancer treatment;
``(C) the identification of predictors of
neurocognitive and psychosocial outcomes;
``(D) initiatives to protect cancer survivors from
the late effects of cancer treatment;
``(E) transitions in care for pediatric cancer
survivors;
``(F) training of professionals to provide
linguistically and culturally competent follow-up care
to pediatric cancer survivors; and
``(G) different models of follow-up care.''; and
(3) in subsection (d), by striking ``2013'' and inserting
``2017''. | Pediatric, Adolescent, and Young Adult Cancer Survivorship Research and Quality of Life Act of 2011 - Amends the Public Health Service Act to allow the Secretary of Health and Human Services (HHS) to make grants to eligible entities to establish pilot programs to develop, study, or evaluate model systems for monitoring and caring for childhood cancer survivors.
Authorizes the Secretary to convene a Workforce Development Collaborative on Medical and Psychosocial Care for Pediatric Cancer to establish a plan to meet specified objectives relating to medical and psychosocial care workforce development, including: (1) disseminating to health care educators information relevant to providing medical and psychosocial services to individuals with pediatric cancers; (2) adapting curricula for continuing education of the existing workforce; and (3) strengthening the emphasis on psychosocial health care in educational accreditation standards and professional licensing and certification.
Reauthorizes and expands the National Cancer Institute's pediatric cancer research and awareness program to include research onfollow-up care for pediatric cancer survivors. Authorizes the Director of the National Institutes of Health (NIH) to make grants for pediatric cancer research, including research related to: (1) pediatric cancer survivors within minority or other medically underserved populations, and (2) health disparities in pediatric cancer survivorship outcomes. | {"src": "billsum_train", "title": "A bill to improve and enhance research and programs on childhood cancer survivorship, and for other purposes."} | 2,082 | 271 | 0.580168 | 1.702863 | 1.097963 | 4.778723 | 8.106383 | 0.940426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Transportation Advancement
Act of 2009''.
SEC. 2. PURPOSES.
The purposes of this Act are to enhance the energy security of the
United States, reduce dependence on imported oil, improve the energy
efficiency of the transportation sector, and reduce emissions through
the expansion of grid supported transportation, through programs to--
(1) develop, with industry, research institutions, National
Laboratories, and institutions of higher education, projects to
foster--
(A) the commercialization of plug-in electric drive
vehicle technology for various sizes and applications
of vehicles; and
(B) growth in employment in the United States in
electric drive design and manufacturing of components
and vehicles; and
(2) optimize the availability of the existing electric
infrastructure for use in fueling light duty transportation and
other on-road and nonroad vehicles to minimize the use of
vehicles and equipment that use petroleum.
SEC. 3. NEAR-TERM ELECTRIC TRANSPORTATION.
(a) In General.--Paragraph (1) of subsection (c) of section 131 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17011(c)(1)) is amended--
(1) by striking ``Act'' and inserting ``paragraph'';
(2) by striking ``establish a program to provide grants''
and inserting ``establish or maintain a competitive grant and
revolving loan program to provide grants and make loans''; and
(3) by adding the following new subparagraphs at the end
thereof:
``(A) Grant and loan selection.--The Secretary
shall select grant and loan recipients based on the
overall cost-effectiveness of a proposed qualified
electric transportation project in reducing emissions
of criteria pollutants, emissions of greenhouse gases,
and petroleum usage.
``(B) Revolving loans.--
``(i) Criteria.--The Secretary shall
establish criteria for the provision of loans
under this subsection.
``(ii) Funding.--Of amounts made available
to carry out this subsection, the Secretary
shall use amounts not used to provide grants to
make loans under this subsection.''.
(b) Priority.--Paragraph (2) of subsection (c) of section 131 of
the Energy Independence and Security Act of 2007 (42 U.S.C.
17011(c)(2)) is amended by striking ``grants under'' and inserting
``grants and loans under''.
SEC. 4. ELECTRIC TRANSPORTATION INVENTORY.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011) is amended by adding at the end the following new
subsection:
``(e) Market Assessment Program.--The Secretary, in consultation
with the Administrator and private industry, shall carry out a
program--
``(1) to inventory and analyze existing electric
transportation technologies and hybrid transportation
technologies and markets; and
``(2) to identify and implement methods of promoting
existing and emerging applications of electric transportation
technologies and hybrid transportation technologies.''.
SEC. 5. ELECTRICITY USAGE PROGRAM AND CERTIFICATION.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by section 4 of this Act, is further amended
by adding at the end the following new subsections:
``(f) Electricity Usage Program.--
``(1) In general.--The Secretary, in consultation with the
Administrator and private industry, shall carry out a program--
``(A) to work with utilities to develop low-cost,
simple methods of--
``(i) using off-peak electricity; or
``(ii) managing on-peak electricity use;
``(B) to develop systems and processes--
``(i) to enable plug-in electric drive
vehicles to enhance the availability of
emergency back-up power for consumers; and
``(ii) to work with utilities and other
interested stakeholders to study and
demonstrate the implications of the
introduction of plug-in electric drive vehicles
and other types of electric transportation
technology on the production of electricity
from renewable resources; and
``(C) to study and demonstrate the potential value
to the electric grid to use the energy stored in on-
board storage systems of plug-in electric drive
vehicles to improve the efficiency and reliability of
the grid generation system.
``(g) Plug-in Hybrid Electric Vehicle and Electric Transportation
Technology Certification.--
``(1) In general.--For the purpose of enabling the
introduction of plug-in hybrid electric drive vehicles and
electric transportation technology into commercial use, the
Administrator shall develop, in consultation with industry, the
Secretary, and the National Laboratories, a program to
certify--
``(A) the emissions of criteria pollutants, fuel
economy, and petroleum usage of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(2) Certification.--The certifications made pursuant to
paragraph (1) shall include consideration of--
``(A) the entire vehicle propulsion system, not
just the engine;
``(B) nightly off-board charging; and
``(C) different engine turn-on control strategies.
``(3) Task force.--Not later than 6 months after the date
of enactment of this subsection, the Administrator shall
establish a task force representing auto manufacturers, truck
manufacturers, National Laboratories, public agencies,
utilities, and other interested stakeholders to recommend
certification protocols for certifying--
``(A) the emissions, fuel economy, and petroleum
usage of a wide variety of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(4) Public comment.--Not later than 2 years after the
date of enactment of this subsection, the Administrator shall
publish the certification protocols recommended pursuant to
paragraph (3) for public comment.
``(5) Final protocols.--Not later than 3 years after the
date of enactment of this subsection, the Administrator shall
adopt and publish final certification protocols for
certifying--
``(A) the emissions, fuel economy, and petroleum
usage of a wide variety of plug-in hybrid electric
drive vehicles; and
``(B) the emissions reductions, fuel economy
improvements, and petroleum usage reductions from other
forms of electric transportation technology.
``(6) Evaluation and modification of electric
transportation technology protocols.--
``(A) Evaluation.--Not later than 2 years after the
adoption of the certification protocols pursuant to
paragraph (5), and every 2 years thereafter, the
Administrator, in consultation with the Secretary,
appropriate Federal agencies, and interested
stakeholders shall evaluate and modify, as necessary,
such certification protocols to ensure that--
``(i) for plug-in hybrid electric drive
vehicles, such protocols accurately measure
emissions, fuel economy, and petroleum usage of
such vehicles; and
``(ii) for other forms of electric
transportation technology, such protocols
accurately measure emissions reductions, fuel
economy improvements, and petroleum usage
reductions from such technology.
``(B) Modification.--The Administrator shall modify
such certification protocols for such plug-in hybrid
electric drive vehicles and electric transportation
technologies to realize the full potential of the
benefits of such vehicles and technologies, in terms of
reduction of emissions of criteria pollutants,
reduction of energy use, and reduction of petroleum
use. In modifying such certification protocols, the
Administrator shall consider--
``(i) the entire vehicle propulsion system,
not just the engine;
``(ii) nightly off-board charging, as
applicable; and
``(iii) different engine turn-on control
strategies.
``(7) Plug-in hybrid electric drive vehicle.--For purposes
of this subsection, the term `plug-in hybrid electric drive
vehicle' means a light-duty, medium-duty, or heavy-duty on-road
or nonroad vehicle that is propelled by any combination of--
``(A) an electric motor and on-board, rechargeable
energy storage system capable of operating the vehicle
in intermittent or continuous all-electric mode and
that is rechargeable using an off-board source of
electricity; and
``(B) an internal combustion engine or heat engine
using any combustible fuel.''.
SEC. 6. CITY CARS.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by sections 4 and 5 of this Act, is further
amended by adding at the end the following new subsection:
``(h) City Cars.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary of Transportation
in consultation with the Secretary, appropriate Federal
agencies, and interested stakeholders in the public, private,
and non-profit sectors, shall study, and submit a report to
Congress on the benefits, including the petroleum savings of,
and barriers to, the widespread deployment of a potential new
class of vehicles known as City Cars with performance
capability that exceeds that of low speed vehicles but is less
than that of passenger vehicles, and that may be battery
electric, fuel cell electric, or plug-in hybrid electric drive
vehicles. Such study shall examine, and such report shall
recommend, appropriate safety requirements for such vehicles
based on patterns of usage. Such study shall examine the
benefits and issues associated with limiting City Cars to a
maximum speed of 35 mph, 45 mph, 55 mph, or any other maximum
speed, and such report shall make a recommendation regarding
the maximum speed of such City Cars.
``(2) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
SEC. 7. TRANSITION TO FUEL NEUTRAL EPA REGULATIONS.
Section 131 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17011), as amended by sections 4, 5, and 6 of this Act, is
further amended by adding at the end the following new subsection:
``(i) Transition to Fuel and Technology Neutral Regulations.--
``(1) Findings.--The Congress finds the following:
``(A) In light of advances in automotive engine
technologies since the passage of the Clean Air Act (42
U.S.C. 7401 et seq.), it is necessary to modify the
control of mobile source emissions pursuant to such Act
to establish fuel and technology neutral mobile source
emissions control programs.
``(B) Replacement of current emissions control
requirements with a new fuel and technology neutral
program that encourages use of the most fuel efficient
and environmentally benign vehicles could include all
vehicle technologies, including vehicles with spark-
ignited engines, compression-ignited engines, and other
engine types, dual fueled vehicles, flexible fuel
vehicles, fuel cell electric vehicles, battery electric
vehicles, plug-in hybrid electric vehicles, corded
electric vehicle equipment, and other electric
propulsion technologies.
``(2) Reports.--
``(A) Not later than 1 year after the date of
enactment of this subsection, the Administrator shall
submit a report to Congress describing all of the fuel
definitions and technology definitions specific to
vehicles in Federal law and regulation and recommend
how such definitions may be changed to be fuel and
technology neutral.
``(B) Not later than 18 months after the date of
enactment of this subsection, the Administrator shall
submit a report to Congress describing how petroleum
reductions, emissions reductions, and reductions in
full fuel cycle criteria pollutants may be incorporated
into the fuel and technology neutral emissions
reduction program required under paragraph (3),
including any changes needed to existing law to achieve
the purposes of the Electric Transportation Advancement
Act of 2009.
``(3) Rulemaking.--Not later than 2 years after the
submission of the report required under paragraph (2)(B), the
Administrator shall adopt final rules to implement a fuel and
technology neutral program to reduce tailpipe and evaporative
emissions of criteria pollutants from mobile sources. Such
program shall take effect not later than 10 years after the
date of enactment of this subsection.
``(4) Fuel and technology neutral mobile source emission
control program.--In this subsection, the term `fuel and
technology neutral mobile source emissions control program'
means a fuel and technology neutral program described under
paragraph (1)(B) that contains emissions controls for criteria
pollutants from mobile sources and a credit-based compliance
mechanism for manufacturers of mobile source technologies that
is at least as protective of public health as the previous
applicable emissions control program.
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out this subsection.''.
SEC. 8. RESEARCH AND DEVELOPMENT DIVERSIFICATION.
Subsection (m) of section 641 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17231(m)) is amended by adding at the
end the following new sentence: ``Of amounts made available to carry
out the programs established under subsections (i), (j), and (k), not
more than 30 percent shall be awarded to the National Laboratories.''. | Electric Transportation Advancement Act of 2009 - Amends the Energy Independence and Security Act of 2007 to direct the Secretary of Energy to make loans as well as (under current law) grants for qualified electric transportation projects, especially near-term projects.
Directs the Secretary to inventory existing electric transportation technologies and hybrid transportation technologies and markets and implement methods of promoting them.
Directs the Secretary to: (1) work with utilities to develop low-cost, simple methods of using off-peak electricity or managing on-peak electricity use; (2) develop systems to enable plug-in electric drive vehicles to enhance the availability of emergency back-up power for consumers and work with utilities to study and demonstrate the implications of the introduction of plug-in electric drive vehicles and other types of electric transportation technology on electrical production from renewable resources; and (3) study and demonstrate the potential value to the electric grid of using energy stored in on-board storage systems of plug-in electric drive vehicles.
Directs the Administrator of the Environmental Protection Agency (EPA) to develop a program to certify: (1) emissions of criteria pollutants, fuel economy, and petroleum usage of plug-in hybrid electric drive vehicles; and (2) emissions reductions, fuel economy improvements, and petroleum usage reductions from other forms of electric transportation technology.
Requires the EPA Administrator to establish a task force to recommend certification protocols.
Directs the Secretary of Transportation to study and report to Congress on the benefits of and barriers to the widespread deployment of City Cars with performance capability that exceeds that of low-speed vehicles but is less than that of passenger vehicles, and that may be battery electric, fuel cell electric, or plug-in hybrid electric drive vehicles.
Directs the EPA Administrator to: (1) recommend to Congress how vehicle fuel definitions may be changed to be fuel and technology neutral; and (2) report to Congress on how petroleum, emissions, and pollutant reductions may be incorporated into the fuel and technology neutral emissions reduction program.
Limits the amount of certain electric vehicle energy storage research and development funding available to the National Laboratories. | {"src": "billsum_train", "title": "To enhance the energy security of the United States, reduce dependence on imported oil, improve the energy efficiency of the transportation sector, and reduce emissions through the expansion of grid supported transportation."} | 2,889 | 425 | 0.632438 | 2.011131 | 0.706678 | 4.568675 | 6.648193 | 0.949398 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Development Lab Act of
2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The effectiveness of United States foreign assistance
can be greatly enhanced by fostering innovation, applying
science and technology, and leveraging the expertise and
resources of the private sector to find low-cost, common sense
solutions to today's most pressing development challenges.
(2) Breakthroughs that accelerate economic growth and
produce better health outcomes in developing countries can help
support the growth of healthier, more stable societies and
foster trade relationships that translate into jobs and
economic growth in the United States.
(3) In 2014, the Office of Science and Technology and the
Office of Innovation and Development Alliances at the United
States Agency for International Development (USAID) were
streamlined and merged into the United States Global
Development Lab.
(4) The Lab partners with entrepreneurs, experts,
nongovernmental organizations, universities, and science and
research institutions to find solutions to specific development
challenges in a faster, more cost-efficient, and more
sustainable way.
(5) The Lab utilizes competitive innovation incentive
awards, a ``pay-for-success'' model, whereby a development
challenge is identified, competitions are launched, ideas with
the greatest potential for success are selected and tested, and
awards are provided only after the objectives of a competition
have been substantially achieved.
(6) Enhancing the authorities that support this pay-for-
success model will better enable the Lab to diversify and
expand both the number and sources of ideas that may be
developed, tested, and brought to scale, thereby increasing
USAID's opportunity to apply high value, low-cost solutions to
specific development challenges.
SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB.
(a) Establishment.--There is established in USAID an entity to be
known as the United States Global Development Lab.
(b) Duties.--The duties of the Lab shall include--
(1) increasing the application of science, technology,
innovation and partnerships to develop and scale new solutions
to end extreme poverty;
(2) discovering, testing, and scaling development
innovations to increase cost effectiveness and support United
States foreign policy and development goals;
(3) leveraging the expertise, resources, and investment of
businesses, nongovernmental organizations, science and research
organizations, and universities to increase program impact and
sustainability;
(4) utilizing innovation-driven competitions to expand the
number and diversity of solutions to development challenges;
and
(5) supporting USAID missions and bureaus in applying
science, technology, innovation, and partnership approaches to
decisionmaking, procurement, and program design.
(c) Authorities.--
(1) In general.--In carrying out the duties of the Lab
under subsection (b), the Administrator, in addition to such
other authorities as may be available to the Administrator,
including authorities under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the
limitations described in paragraph (3), is authorized to--
(A) use not more than $15,000,000 of funds made
available to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of
1961 in a fiscal year to provide funding to improve
health outcomes;
(B) provide innovation incentive awards (as defined
in section 4(5) of this Act); and
(C) use funds made available to carry out the
provisions of part I of the Foreign Assistance Act of
1961 for the employment of not more than 30 individuals
on a limited term basis pursuant to schedule A of
subpart C of part 213 of title 5, Code of Federal
Regulations, or similar provisions of law or
regulations.
(2) Recovery of funds.--
(A) Authority.--
(i) In general.--In carrying out the duties
of the Lab under subsection (b), the
Administrator, subject to the limitation
described in clause (ii), is authorized to
require a person or entity that receives
funding under a grant, contract, or cooperative
agreement made by the Lab to return to the Lab
any program income that is attributable to
funding under such grant, contract, or
cooperative agreement.
(ii) Limitation.--The amount of program
income that a person or entity is required to
return to the Lab under clause (i) shall not
exceed the amount of funding that the person or
entity received under the grant, contract, or
cooperative agreement.
(B) Treatment of payments.--
(i) In general.--The amount of any program
income returned to the Lab pursuant to
subparagraph (A) may be credited to the account
from which the obligation and expenditure of
funds under the grant, contract, or cooperative
agreement described in subparagraph (A) was
made.
(ii) Availability.--
(I) In general.--Except as provided
in subclause (II), amounts returned and
credited to an account under clause
(i)--
(aa) shall be merged with
other funds in the account; and
(bb) shall be available for
the same purposes and period of
time for which other funds in
the account are available for
programs and activities of the
Lab.
(II) Exception.--Amounts returned
and credited to an account under clause
(i) may not be used to pay for the
employment of individuals described in
paragraph (1)(C).
(3) Limitations.--
(A) In general.--Concurrent with the submission of
the Congressional Budget Justification for Foreign
Operations for each fiscal year, the Administrator
shall submit to the appropriate congressional
committees a detailed accounting of USAID's use of
authorities under this section, including the sources,
amounts, and uses of funding under each of paragraphs
(1) and (2).
(B) Innovation incentive awards.--In providing
innovation incentive awards under paragraph (1)(B), the
Administrator shall notify the appropriate
congressional committees not later than 15 days after
providing any such award.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(3) Innovation incentive award.--The term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem
relating to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices, facilitating further development
of an idea or practice by third parties.
(4) Lab.--The term ``Lab'' means the United States Global
Development Lab established under section 3.
(5) USAID.--The term ``USAID'' means the United States
Agency for International Development. | Global Development Lab Act of 2016 This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, whose duties shall include: increasing the application of science, technology, innovation and partnerships to develop new solutions to end extreme poverty; discovering and testing development innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise, resources, and investment of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact and sustainability; utilizing innovation-driven competitions to expand the number and diversity of solutions to development challenges; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. | {"src": "billsum_train", "title": "Global Development Lab Act of 2016"} | 1,526 | 158 | 0.673963 | 2.122914 | 0.803509 | 6.171233 | 10.178082 | 0.910959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Allowance Modernization
Act of 2016''.
SEC. 2. AMENDMENTS.
(a) Former Presidents.--The first section of the Act entitled ``An
Act to provide retirement, clerical assistants, and free mailing
privileges to former Presidents of the United States, and for other
purposes'', approved August 25, 1958 (commonly known as the ``Former
Presidents Act of 1958'') (3 U.S.C. 102 note), is amended by striking
the matter preceding subsection (e) and inserting the following:
``(a) In General.--Each former President shall be entitled for the
remainder of his or her life to receive from the United States--
``(1) an annuity at the rate of $200,000 per year, subject to
subsection (c); and
``(2) a monetary allowance at the rate of $200,000 per year,
subject to subsections (c) and (d).
``(b) Duration; Frequency.--
``(1) In general.--The annuity and allowance under subsection
(a) shall each--
``(A) commence on the day after the date on which an
individual becomes a former President;
``(B) terminate on the date on which the former President
dies; and
``(C) be payable by the Secretary of the Treasury on a
monthly basis.
``(2) Appointive or elective positions.--The annuity and
allowance under subsection (a) shall not be payable for any period
during which a former President holds an appointive or elective
position in or under the Federal Government to which is attached a
rate of pay other than a nominal rate.
``(c) Cost-of-Living Increases.--Effective December 1 of each year,
each annuity and allowance under subsection (a) that commenced before
that date shall be increased by the same percentage by which benefit
amounts under title II of the Social Security Act (42 U.S.C. 401 et
seq.) are increased, effective as of that date, as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
``(d) Limitation on Monetary Allowance.--
``(1) In general.--Notwithstanding any other provision of this
section, the monetary allowance payable under subsection (a)(2) to
a former President for any 12-month period--
``(A) except as provided in subparagraph (B), may not
exceed the amount by which--
``(i) the monetary allowance that (but for this
subsection) would otherwise be so payable for such 12-month
period, exceeds (if at all)
``(ii) the applicable reduction amount for such 12-
month period; and
``(B) shall not be less than the amount determined under
paragraph (4).
``(2) Definition.--
``(A) In general.--For purposes of paragraph (1), the term
`applicable reduction amount' means, with respect to any former
President and in connection with any 12-month period, the
amount by which--
``(i) the sum of--
``(I) the adjusted gross income (as defined in
section 62 of the Internal Revenue Code of 1986) of the
former President for the most recent taxable year for
which a tax return is available; and
``(II) any interest excluded from the gross income
of the former President under section 103 of such Code
for such taxable year, exceeds (if at all)
``(ii) $400,000, subject to subparagraph (C).
``(B) Joint returns.--In the case of a joint return,
subclauses (I) and (II) of subparagraph (A)(i) shall be applied
by taking into account both the amounts properly allocable to
the former President and the amounts properly allocable to the
spouse of the former President.
``(C) Cost-of-living increases.--The dollar amount
specified in subparagraph (A)(ii) shall be adjusted at the same
time that, and by the same percentage by which, the monetary
allowance of the former President is increased under subsection
(c) (disregarding this subsection).
``(3) Disclosure requirement.--
``(A) Definitions.--In this paragraph--
``(i) the terms `return' and `return information' have
the meanings given those terms in section 6103(b) of the
Internal Revenue Code of 1986; and
``(ii) the term `Secretary' means the Secretary of the
Treasury or the Secretary of the Treasury's delegate.
``(B) Requirement.--A former President may not receive a
monetary allowance under subsection (a)(2) unless the former
President discloses to the Secretary, upon the request of the
Secretary, any return or return information of the former
President or spouse of the former President that the Secretary
determines is necessary for purposes of calculating the
applicable reduction amount under paragraph (2) of this
subsection.
``(C) Confidentiality.--Except as provided in section 6103
of the Internal Revenue Code of 1986 and notwithstanding any
other provision of law, the Secretary may not, with respect to
a return or return information disclosed to the Secretary under
subparagraph (B)--
``(i) disclose the return or return information to any
entity or person; or
``(ii) use the return or return information for any
purpose other than to calculate the applicable reduction
amount under paragraph (2).
``(4) Increased costs due to security needs.--With respect to
the monetary allowance that would be payable to a former President
under subsection (a)(2) for any 12-month period but for the
limitation under paragraph (1), the Administrator of General
Services, in coordination with the Director of the United States
Secret Service, shall determine the amount of the allowance that is
needed to pay the increased cost of doing business that is
attributable to the security needs of the former President.''.
(b) Surviving Spouses of Former Presidents.--
(1) Increase in amount of monetary allowance.--Subsection (e)
of the first section of the Former Presidents Act of 1958 is
amended--
(A) in the first sentence, by striking ``$20,000 per
annum,'' and inserting ``$100,000 per year (subject to
paragraph (4)),''; and
(B) in the second sentence--
(i) in paragraph (2), by striking ``and'' at the end;
(ii) in paragraph (3)--
(I) by striking ``or the government of the District
of Columbia''; and
(II) by striking the period and inserting ``;
and''; and
(iii) by inserting after paragraph (3) the following:
``(4) shall, after its commencement date, be increased at the
same time that, and by the same percentage by which, annuities of
former Presidents are increased under subsection (c).''.
(2) Coverage of widower of a former president.--Subsection (e)
of the first section of the Former Presidents Act of 1958, as
amended by paragraph (1), is amended--
(A) by striking ``widow'' each place it appears and
inserting ``widow or widower''; and
(B) by striking ``she'' and inserting ``she or he''.
(c) Subsection Headings.--The first section of the Former
Presidents Act of 1958 is amended--
(1) in subsection (e), by inserting after the subsection
enumerator the following: ``Widows and Widowers.--'';
(2) in subsection (f), by inserting after the subsection
enumerator the following: ``Definition.--''; and
(3) in subsection (g), by inserting after the subsection
enumerator the following: ``Authorization of Appropriations.--''.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act or an amendment made by this Act shall be
construed to affect--
(1) any provision of law relating to the security or protection
of a former President or a member of the family of a former
President; or
(2) funding, under the Former Presidents Act of 1958 or any
other law, to carry out any provision of law described in paragraph
(1).
SEC. 4. TRANSITION RULES.
(a) Former Presidents.--In the case of any individual who is a
former President on the date of enactment of this Act, the amendment
made by section 2(a) shall be applied as if the commencement date
referred in subsection (b)(1)(A) of the first section of the Former
Presidents Act of 1958, as amended by section 2(a), coincided with such
date of enactment.
(b) Widows.--In the case of any individual who is the widow of a
former President on the date of enactment of this Act, the amendments
made by section 2(b)(1) shall be applied as if the commencement date
referred to in subsection (e)(1) of the first section of the Former
Presidents Act of 1958, as amended by section 2(b)(1), coincided with
such date of enactment.
SEC. 5. APPLICABILITY.
For a former President receiving a monetary allowance under the
Former Presidents Act of 1958 on the day before the date of enactment
of this Act, the limitation under subsection (d)(1) of the first
section of that Act, as amended by section 2(a), shall apply to the
monetary allowance of the former President, except to the extent that
the application of the limitation would prevent the former President
from being able to pay the cost of a lease or other contract that is in
effect on the day before the date of enactment of this Act and under
which the former President makes payments using the monetary allowance,
as determined by the Administrator of General Services.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Presidential Allowance Modernization Act of 2016 (Sec. 2) This bill revises provisions relating to presidential pensions to allow former Presidents a lifetime annual annuity of $200,000 and an additional annual monetary allowance of $200,000, each adjusted annually for cost-of-living increases as provided by the Social Security Act. It reduces the annual monetary allowance by the amount that a former President's adjusted gross income in a taxable year exceeds $400,000. The bill prohibits the monetary allowance from being less than the amount that the General Services Administration and the U.S. Secret Service determine is needed to pay the increased cost of doing business that is attributable to the security needs of the former President. The annuity and allowance shall not be payable for any period during which a former President holds an appointive or elective position in or under the federal government that pays more than a nominal rate. The bill increases from $20,000 to $100,000 the annual annuity of a surviving spouse of a former President. (Sec. 3) Nothing in this bill shall be construed to affect: (1) a law relating to the security or protection of a former President or a family member of a former President, or (2) funding to carry out such security or protection. (Sec. 4) The bill applies to an individual who is a former President or the widow of a former President as of the date of enactment. (Sec. 5) For a former President receiving a monetary allowance before the enactment of this bill, the reduction of the monetary allowance for adjusted gross income required by this bill applies, except to the extent that it would prevent the former President from being able to pay the cost of a lease or other contract that is in effect on the day before enactment of this bill and under which the former President makes payments using the monetary allowance. | {"src": "billsum_train", "title": "Presidential Allowance Modernization Act of 2016"} | 2,289 | 468 | 0.593909 | 1.81626 | 0.707421 | 4.255747 | 5.905172 | 0.887931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Textbook Affordability and
Transparency Act of 2007''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) According to a 2005 report by the Government
Accountability Office (in this section referred to as ``GAO''),
college textbook costs have risen at twice the rate of
inflation.
(2) According to the GAO report, the cost of textbooks can
increase a student's overall college costs from 8 percent at
private institutions to over 72 percent at some public
institutions and community colleges.
(3) According to a report by the Advisory Committee on
Student Financial Assistance, requested by Congress, current
grant and scholarship programs which can barely meet the
challenge of rising tuition costs are not sufficient to
mitigate the costs of college textbooks.
(4) According to the GAO report, publishers have begun to
develop and distribute alternatives to college textbooks in
order to provide less expensive materials, but they have had to
incorporate the development costs into the prices of domestic
textbook sales.
(5) According to the GAO report, there has not been a
sufficient demand for textbook alternatives to offset
publishers' development costs and reduce the overall costs of
college textbooks.
(6) According to the GAO report, publishers have engaged in
agreements with overseas distributors to restrict the re-
importation of overseas textbooks in the United States,
regardless of content similarities, thus restricting students
from purchasing lower-cost textbooks from overseas.
(b) Sense of Congress.--It is the sense of Congress that:
(1) There is not sufficient communication and transparency
between all the stakeholders in the textbook market, leading to
unnecessary frustrations and misunderstandings about the rising
costs of college textbooks.
(2) The textbook market by its nature puts students at a
disadvantage when it comes to affecting the prices of textbooks
because it does not include them in the decision-making process
for ultimate textbook purchases.
(3) Students should be fully informed about the costs of
textbooks before registering for classes in order to be aware
of the full cost of higher education.
(4) Students should have the ability, whenever possible, to
seek out and purchase lower-cost alternatives to textbooks so
as to reduce the cost of higher education.
SEC. 3. PURPOSE AND INTENT.
The purpose of this Act is to ensure that every student in higher
education is offered better and more timely access to affordable course
materials by educating and informing faculty, students, administrators,
institutions of higher education, bookstores, distributors, and
publishers on all aspects of the selection, purchase, sale, and use of
the course materials. It is the intent of this Act--
(1) to have all involved parties work together to identify
ways to decrease the cost of college textbooks and supplemental
materials for students while protecting the academic freedom of
faculty members to select high quality course materials for
students;
(2) that--
(A) textbook publishers and distributors should
work with faculty to understand the cost to students of
purchasing faculty selected textbooks, including the
disclosure of prices and bundling practices;
(B) college bookstores should work with faculty to
review timelines and processes for ordering and
stocking selected textbooks, and disclose textbook
costs to faculty and students in a timely manner;
(C) institutions of higher education should be
encouraged to implement numerous options to address
textbook affordability; and
(D) institutions of higher education should work
with student organizations to help students understand
the factors driving textbook costs and available
methods and resources to mitigate the effects of those
costs.
SEC. 4. DEFINITIONS.
In this Act:
(1) College textbook.--The term ``college textbook'' means
a textbook, or a set of textbooks, used for a course in
postsecondary education at an institution of higher education.
(2) Course schedule.--The term ``course schedule'' means a
listing of the courses or classes offered by an institution of
higher education for an academic period.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Publisher.--The term ``publisher'' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
(5) Supplemental material.--The term ``supplemental
material'' means educational material published or produced to
accompany a college textbook, including printed materials,
computer disks, web site access, and electronically distributed
materials.
SEC. 5. PUBLISHER REQUIREMENTS.
(a) College Textbook Pricing Information.--When a publisher
provides a faculty member of an institution of higher education with
information regarding a college textbook or supplemental material
available, the publisher shall include, with any such information and
in writing, the following:
(1) The price at which the publisher would make the college
textbook or supplemental material available to the bookstore on
the campus of, or otherwise associated with, such institution
of higher education.
(2) The full history of revisions for the college textbook
or supplemental material.
(3) Whether the college textbook or supplemental material
is available in any other format, including paperback and
unbound, and the price at which the publisher would make the
college textbook or supplemental material in the other format
available to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
(b) Unbundling of Textbooks From Supplemental Materials.--A
publisher that sells a college textbook and any supplemental material
accompanying such college textbook as a single bundled item shall also
make available the college textbook and each supplemental material as
separate and unbundled items, each separately priced.
SEC. 6. PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN COURSE
SCHEDULES.
(a) Internet Course Schedules.--Each institution of higher
education that receives Federal assistance, to the maximum extent
practicable, shall--
(1) disclose the International Standard Book Number of
required and recommended textbooks, related materials and
supplies, including retail price information, for each course
listed in the institution's course schedule used for pre-
registration and registration purposes;
(2) if the International Standard Book Number is not
available for the items listed in paragraph (1), the
institution shall use the author and title; and
(3) if the institution determines that the disclosure of
the information described in the preceding paragraphs for a
course is not practicable, then it should indicate so by
placing the designation ``To Be Determined'' in lieu of the
information required under such paragraphs.
(b) Written Course Schedules.--In the case of an institution of
higher education that receives Federal assistance and that does not
publish the institution's course schedule for the subsequent academic
period on the Internet, the institution of higher education shall
include the information required under subsection (a) in any printed
version of the institution's course schedule as it is available at the
time of the course schedule's printing.
SEC. 7. AVAILABILITY OF INFORMATION FOR COLLEGE TEXTBOOK SELLERS.
An institution of higher education that receives Federal assistance
shall make available, as soon as is practicable, upon the request of
any seller of college textbooks (other than a publisher) that meets the
requirements established by the institution, the most accurate
information available regarding--
(1) the institution's course schedule for the subsequent
academic period; and
(2) for each course or class offered by the institution for
the subsequent academic period--
(A) the information required by section 6(a) for
each college textbook or supplemental material required
or recommended for such course or class;
(B) the number of students enrolled in such course
or class; and
(C) the maximum student enrollment for such course
or class. | College Textbook Affordability and Transparency Act of 2007 - Requires publishers informing teachers at institutions of higher education about available textbooks or supplements to include written information concerning: (1) the price the publisher would charge the bookstore associated with such institution for such items; (2) the full history of revisions for such items; and (3) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore for items in those formats.
Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them as separately priced and unbundled items.
Directs federally-assisted institutions of higher education to include on printed or internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires an institution to: (1) use the author and title if the ISBN is unavailable; and (2) indicate that the required information has yet to be determined if its disclosure for a course is impractical.
Requires such institutions to provide sellers of textbooks (other than publishers) that meet their requirements with: (1) their course schedules for the subsequent academic period; (2) the information this Act requires to be placed on each course schedule regarding each textbook or supplement required or recommended for each course; and (3) the number of students enrolled, and the maximum enrollment, in each course. | {"src": "billsum_train", "title": "To ensure that college textbooks and supplemental materials are available and affordable."} | 1,673 | 308 | 0.544485 | 1.625808 | 0.648124 | 2.469751 | 5.779359 | 0.911032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stable Oil Supply (SOS) Home Heating
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) more than 35 percent of families in the northeastern
United States depend on oil to heat their homes each winter,
and most of those families have no practical alternative to
paying the going price for heating oil or seeking public or
private assistance to pay for heating oil;
(2) consumers experienced sudden and dramatic increases in
prices for home heating oil during the winters of 1989, 1996,
and 1999, causing hardship to families and other people of the
United States, including people on fixed and low incomes,
people living in rural areas, the elderly, farmers, truckers
and the driving public, and governments that pay home heating
oil bills;
(3) a substantial part of each sudden increase in home
heating oil prices has been caused by vastly inadequate
supplies of home heating oil accumulated during the summer,
fall, and winter months by importers, refiners, and
wholesalers; and
(4) increased stability in home heating oil prices is
necessary to maintain the economic vitality of the Northeast.
(b) Purpose.--The purpose of this Act is to ensure that minimally
adequate stocks of home heating oil are accumulated in the Northeast to
meet reasonably foreseeable demand during each winter while protecting
consumers from sudden increases in the price of home heating oil.
SEC. 3. DEFINITIONS.
Section 152 of the Energy Policy and Conservation Act (15 U.S.C.
6232) is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (11) as paragraphs (3), (4), (5), (8),
(9), (10), (11), (12), (13), and (14);
(2) by inserting after paragraph (1) the following:
``(2) Home heating oil.--
``(A) In general.--The term `home heating oil'
means distillate fuel oil.
``(B) Inclusions.--The term `home heating oil'
includes No. 1 and No. 2 diesel and fuel oils.'';
(3) by inserting after paragraph (5) (as redesignated by
paragraph (1)) the following:
``(6) Northeast.--The term `Northeast' means the States of
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, and New Jersey.
``(7) Primary heating oil inventory.--
``(A) In general.--The term `primary heating oil
inventory' means a heating oil inventory held by an
importer, refiner, or wholesaler.
``(B) Exclusion.--The term `primary heating oil
inventory' does not include any inventory held by a
retailer for the direct sale to an end user of home
heating oil.''; and
(4) by adding at the end the following:
``(15) Wholesaler.--The term `wholesaler' means any person
that--
``(A) owns, operates, leases, or otherwise controls
a bulk terminal having a total petroleum storage
capacity of 50,000 barrels or more;
``(B) stores home heating oil; and
``(C)(i) resells petroleum products to retail
businesses that market the petroleum products to end
users; or
``(ii) receives petroleum products by tanker,
barge, or pipeline.
``(16) Winter season.--The term `winter season' means the
months of November through March.''.
SEC. 4. HOME HEATING OIL RESERVE FOR THE NORTHEAST.
Part B of the Energy Policy and Conservation Act (15 U.S.C. 6231 et
seq.) is amended by inserting after section 157 the following:
``SEC. 157A. VOLUNTARY PLANS FOR HOME HEATING OIL RESERVE.
``(a) Submission and Development of Voluntary Plans.--Importers,
refiners, and wholesalers that hold primary heating oil inventories for
sale to markets in the Northeast, acting individually or in 1 or more
groups, should, for the purposes of ensuring stability in energy fuel
markets and protecting consumers from dramatic swings in price--
``(1) develop voluntary plans, in consultation with
interested individuals from nonprofit organizations and the
public and private sectors, to maintain readily available
minimum product inventories of heating oil in the Northeast,
possibly in combination with the hedging of future inventories,
to mitigate the risk of severe price increases to consumers and
to reduce adverse impacts on the regional and national
economies; and
``(2) submit the voluntary plans to the Secretary not later
than 180 days after the date of enactment of this section.
``(b) Certification and Report.--
``(1) In general.--If the Secretary determines that a plan
submitted under subsection (a)--
``(A) is likely to achieve the purposes of this
Act, the Secretary shall so certify, and the importer,
refiner, or wholesaler shall implement the plan; or
``(B) is not likely to achieve the purposes of this
section, the Secretary shall issue a statement
explaining why the plan does not appear likely to
achieve those purposes.
``(2) Report.--Not later than 240 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the findings and reasons for a
certification or failure to certify a plan under this
subsection.
``(c) Defense to Antitrust Actions.--
``(1) In general.--There shall be available as a defense to
a civil or criminal action brought under the antitrust laws (or
any similar State law) with respect to an action taken to
develop and carry out a voluntary plan under subsection (a) by
an importer, refiner, or wholesaler the fact that--
``(A) the action is taken--
``(i) in the course of developing the
voluntary plan; and
``(ii) in the course of carrying out the
voluntary plan, if the voluntary plan is
certified by the Secretary under subsection
(b);
``(B) the action is not taken for the purpose of
injuring competition; and
``(C) the importer, refiner, or wholesaler is in
compliance with this section.
``(2) Limitation.--Except in the case of an action taken to
develop a voluntary plan, the defense provided in paragraph (1)
shall be available only if the person asserting the defense
demonstrates that the action was specified in, or within the
reasonable contemplation of, a voluntary plan certified by the
Secretary.
``(3) Burden of proof.--A person interposing the defense
under paragraph (1) shall have the burden of proof, except that
the burden shall be on the person against which the defense is
asserted with respect to whether an action is taken for the
purpose of injuring competition.
``(d) Report.--Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Secretary shall submit to
Congress a report describing the results of the implementation of all
voluntary plans certified under this section, including specific
compliance by importers, refiners, and wholesalers that serve the
Northeast market with respect to the adequacy of the home heating oil
supply.
``(e) Plan Adopted by Secretary.--If, by the date that is 240 days
after the date of enactment of this section, for each importer,
refiner, and wholesaler in the Northeast, a certified plan is not
implemented in accordance with subsection (b), the Secretary shall
adopt and implement a plan in accordance with section 157B.
``SEC. 157B. HOME HEATING OIL RESERVE FOR THE NORTHEAST.
``(a) Establishment of Private Home Heating Oil Reserves.--If a
certified plan described in section 157A is not implemented in
accordance with that section for each importer, refiner, and wholesaler
that stores home heating oil for sale in the Northeast, not later than
300 days after the date of enactment of this section, the Secretary
shall establish a private home heating oil reserve for the Northeast in
accordance with this section.
``(b) Inventory.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall periodically monitor supply levels as necessary
to ensure that each importer, refiner, and wholesaler of home heating
oil that stores home heating oil for sale in the Northeast shall have
in inventory and readily available to refiners in the Northeast a
quantity of home heating oil that the Secretary determines is equal to
the quantity that each importer, refiner, or wholesaler may reasonably
be expected to require to supply the needs of its customers during the
present or following winter season without subjecting consumers to
sudden price increases that are due in part to inadequate buildup of
heating oil inventories.
``(2) Limitation.--The Secretary shall not require any
importer, refiner, or wholesaler to store any product under
paragraph (1) in a quantity greater than 95 percent of the
average storage capacity for home heating oil reasonably
available to the importer, refiner, or wholesaler during the
preceding 2 years.
``(3) Increased inventory.--If the Secretary determines
that an inventory of home heating oil does not meet the
requirement of under paragraph (1), the Secretary may direct an
importer, refiner, or wholesaler to acquire, store, and
maintain in readily available inventories any quantity of home
heating oil that the Secretary determines to be necessary to
supply heating oil needs in the Northeast without subjecting
consumers to sudden price increases that are due in part to
inadequate buildup of heating oil inventories.
``(4) Regulations.--As soon as practicable after the date
of enactment of this section, the Secretary shall promulgate
regulations necessary to carry out this section, including
regulations that--
``(A) authorize civil penalties to enforce this
section; and
``(B) provide that the Secretary shall cooperate
with State energy authorities in carrying out this
section.
``(c) Excess Inventory.--At the end of each winter season, the
Administrator of the Environmental Protection Agency shall take
appropriate and reasonable action to enable importers, refiners, and
wholesalers of home heating oil to sell any remaining excess
inventories of heating oil that the importers, refiners, and
wholesalers may have.
``(d) Implementation.--In implementing this section, the Secretary
shall ensure, to the maximum extent practicable, that the manner of
implementation supports the maintenance of an economically sound and
competitive petroleum industry.
``(e) Report.--Not later than 1 year after the implementation of a
plan under this section, the Secretary shall submit to Congress a
report describing the results of the implementation of the plan,
including specific compliance by importers, refiners, and wholesalers
in the Northeast with respect to home heating oil supply buildup.''. | Directs the Secretary of Energy to report to Congress regarding the certification status of submitted voluntary plans.
Provides a defense to an antitrust action brought against such voluntary plans.
Requires the Secretary, if a certified plan is not implemented for each such importer, refiner, and wholesaler, to establish a private home heating oil reserve for the Northeast, according to specified requirements. | {"src": "billsum_train", "title": "Stable Oil Supply (SOS) Home Heating Act"} | 2,437 | 83 | 0.459363 | 1.223924 | 0.553504 | 3.183099 | 31.971831 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Workers Protection Act
of 2005''.
SEC. 2. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS.
(a) Limitations.--
(1) In general.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end the
following new section:
``SEC. 42. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS.
``(a) Conversions to Contractor Performance of Federal
Activities.--An activity or function of an executive agency that is
converted to contractor performance under Office of Management and
Budget Circular A-76 may not be performed by the contractor or any
subcontractor at a location outside the United States except to the
extent that such activity or function was previously performed by
Federal Government employees outside the United States.
``(b) Other Federal Contracts.--(1) A contract that is entered into
by the head of an executive agency may not be performed outside the
United States except to meet a requirement of the executive agency for
the contract to be performed specifically at a location outside the
United States.
``(2) The prohibition in paragraph (1) does not apply in the case
of a contract of an executive agency if--
``(A) the President determines in writing that it is
necessary in the national security interests of the United
States for the contract to be performed outside the United
States; or
``(B) the head of such executive agency makes a
determination and reports such determination on a timely basis
to the Director of the Office of Management and Budget that--
``(i) the property or services needed by the
executive agency are available only by means of
performance of the contract outside the United States;
and
``(ii) no property or services available by means
of performance of the contract inside the United States
would satisfy the executive agency's need.
``(3) Paragraph (1) does not apply to the performance of a contract
outside the United States under the exception provided in subsection
(a).
``(c) State Contracts.--(1) Except as provided in paragraph (2),
funds appropriated for financial assistance for a State may not be
disbursed to or for such State during a fiscal year unless the chief
executive of that State has transmitted to the Administrator for
Federal Procurement Policy, not later than April 1 of the preceding
fiscal year, a written certification that none of such funds will be
expended for the performance outside the United States of contracts
entered into by such State.
``(2) The prohibition on disbursement of funds to or for a State
under paragraph (1) does not apply with respect to the performance of a
State contract outside the United States if--
``(A) the chief executive of such State--
``(i) determines that the property or services
needed by the State are available only by means of
performance of the contract outside the United States
and no property or services available by means of
performance of the contract inside the United States
would satisfy the State's need; and
``(ii) transmits a notification of such
determination to the head of the executive agency of
the United States that administers the authority under
which such funds are disbursed to or for the State; and
``(B) the head of the executive agency receiving the
notification of such determination--
``(i) confirms that the facts warrant the
determination;
``(ii) approves the determination; and
``(iii) transmits a notification of the approval of
the determination to the Director of the Office of
Management and Budget.
``(3) In this subsection, 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, the Virgin Islands, Guam, American Samoa, and the Trust
Territory of the Pacific Islands.
``(d) Inapplicability of Limitations.--The limitations in
subsections (b) and (c) shall not apply to procurement covered by the
Agreement on Government Procurement of the World Trade Organization (as
described in section 101(d)(17) of the Uruguay Round Agreement Act (19
U.S.C. 3511(d)(17))).
``(e) Responsibilities of OMB.--The Director of the Office of
Management and Budget shall--
``(1) maintain--
``(A) the waivers granted under subsection (b)(2),
together with the determinations and certifications on
which such waivers were based; and
``(B) the notifications received under subsection
(c)(2)(B)(iii); and
``(2) submit to Congress promptly after the end of each
quarter of each fiscal year a report that sets forth--
``(A) the waivers that were granted under
subsection (b)(2) during such quarter; and
``(B) the notifications that were received under
subsection (c)(2)(B)(iii) during such quarter.
``(f) Annual GAO Review.--The Comptroller General shall--
``(1) review, each fiscal year, the waivers granted during
such fiscal year under subsection (b)(2) and the disbursements
of funds authorized pursuant to the exception in subsection
(c)(2); and
``(2) promptly after the end of such fiscal year, transmit
to Congress a report containing a list of the contracts covered
by such waivers and exception together with a brief description
of the performance of each such contract outside the United
States.''.
(2) Clerical amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following
new item:
``Sec. 42. Limitations on off-shore performance of contracts.''.
(b) Inapplicability to States During First Two Fiscal Years.--
Section 42(c) of the Office of Federal Procurement Policy Act (as added
by subsection (a)) shall not apply to disbursements of funds to a State
during the fiscal year in which this Act is enacted and the next fiscal
year.
SEC. 3. REPEAL OF SUPERSEDED LAW.
Section 647 of the Transportation, Treasury, and Independent
Agencies Appropriations Act, 2004 (division F of Public Law 108-199) is
amended by striking subsection (e).
SEC. 4. EFFECTIVE DATE AND APPLICABILITY.
This Act and the amendments made by this Act shall take effect 30
days after the date of the enactment of this Act and, subject to
subsection (b) of section 2, shall apply with respect to new contracts
entered into on or after such date. | United States Workers Protection Act of 2005 - Amends the Office of Federal Procurement Policy Act to prohibit: (1) outsourced federal government work from being performed by a contractor or any subcontractor outside the United States unless federal employees previously performed such work outside the United States; (2) work on a contract from being performed outside the United States unless it is necessary in order to meet a requirement for the contract to be performed specifically at a location outside the United States or the President deems it necessary for national security reasons, or the head of the executive agency makes and reports a determination to the Director of the Office of Management and Budget that the property or services needed are available only outside the United States and no property or services available inside the United States would satisfy the agency's need; and (3) federal funds from being disbursed to a state until the Governor of the state has transmitted written certification that none of the funds will be spent for the performance of contracts outside the United States and if the Governor of such state determines that the property and services needed by the state are available only outside the United States and no property or services available inside the United States would satisfy the state's need and transmits a notification of such determination to the agency head administering the authority under which such funds are disbursed to or for such state. | {"src": "billsum_train", "title": "A bill to protect United States workers from competition of foreign workforces for performance of Federal and State contracts."} | 1,492 | 281 | 0.72325 | 2.194972 | 0.855645 | 3.579767 | 5.322957 | 0.918288 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Diamonds Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Diamonds are being used by rebels and dictators to
finance military activities, overthrow legitimate governments,
subvert international efforts to promote peace and stability,
and commit horrifying atrocities against unarmed civilians.
During the past decade, more than 6,500,000 people from Sierra
Leone, Angola, and the Democratic Republic of the Congo have
been driven from their homes by wars waged in large part for
control of diamond mining areas. A million of these are
refugees eking out a miserable existence in neighboring
countries, and tens of thousands have fled to the United
States. Approximately 2,400,000 people have died in the
fighting.
(2) The countries caught in this fighting are home to
nearly 70,000,000 people whose societies have been torn apart
not only by fighting, but by the thousands of children forced
to become soldiers, by the tens of thousands of women and girls
raped and forced into sexual slavery, and by a campaign of
forced amputations that has maimed and killed even more men,
women, and children.
(3) In the past decade, the United States Government has
sent more than $2,000,000,000 in humanitarian aid to the people
caught up in the wars. Over the same period, approximately
$10,000,000,000 in diamonds were smuggled out of these same
countries. Much of this money was used to continue and spread
the wars.
(4) The United States Government and human rights advocates
recently began working to block the trade in conflict diamonds.
Their efforts have helped to build a consensus that action is
urgently needed, and they have persuaded the legitimate diamond
industry that its own interests demand a comprehensive effort
to end the diamond smuggling that fuels these conflicts.
(5) The United Nations Security Council, acting under
chapter VII of the Charter of the United Nations, has
prohibited all states from importing diamonds from, and
exporting weapons to, certain countries affected by diamond-
related conflicts. Unfortunately, diamond smugglers continue
funding rebel movements, and the sanctions have not been
sufficiently effective to achieve their goals. In turn, this
illicit trade has facilitated trade in narcotics, arms
proliferation, regional destabilization, money laundering, and
other criminal enterprises. This has severely hampered efforts
by the United States to safeguard its citizens from drugs,
terrorism, and other threats to the security of the American
people.
(6) Without effective action to prohibit trade in conflict
diamonds, the trade in legitimate diamonds faces the threat of
a consumer backlash that could damage the economies of
countries not involved in the trade in conflict diamonds and
penalize members of the legitimate trade and the people they
employ. To prevent that, South Africa and more than 20 other
countries are involved in working, through the ``Kimberley
Process'', toward devising a solution to this problem. As the
consumer of two-thirds of the world's supply of diamonds, the
United States has an obligation to help sever the link between
diamonds and conflict and press for implementation of an
effective solution.
SEC. 3. RESTRICTIONS ON IMPORTATION OF DIAMONDS.
(a) Restrictions.--
(1) Requirements for imported diamonds.--Diamonds may not
be imported into the United States unless the country exporting
the diamonds to the United States is implementing a system of
controls on the export and import of rough diamonds that meets
the requirements of paragraph (2), consistent with United
Nations General Assembly Resolution 55/56 adopted on December
1, 2000, or a future international agreement which implements
such controls and to which the United States is a signatory.
(2) Requirements for system of controls.--The system of
controls referred to in paragraph (1) shall include the
following:
(A) Rough diamonds, when exported from the country
in which they were extracted, shall be sealed in a
secure, transparent container or bag by appropriate
government officials of that country.
(B) The sealed container or bag described in
subparagraph (A) shall include a fully visible document
that--
(i) certifies the country from which the
rough diamonds were extracted;
(ii) records a unique export registration
number for, and the total carat weight and
number of, the rough diamonds in the container
or bag; and
(iii) is issued by the government of that
country.
(C) The country from whose territory the rough
diamonds are exported shall establish a database
containing at least the information on exports of rough diamonds
described in subparagraph (B).
(D) Any country into whose territory the rough
diamonds are first imported prior to polishing or other
processing--
(i) shall permit importation of the rough
diamonds only in a container or bag described
in subparagraphs (A) and (B); and
(ii) can verify, on the basis of
documentation provided to it by electronic or
other reliable means, the legitimacy of the
export document included in the sealed
container or bag in which the rough diamonds
were shipped, using the database maintained in
the country of export.
(E) Appropriate government authorities shall
conduct physical inspections of the sealed containers
and bags of rough diamonds to ensure compliance with
the requirements of this paragraph.
(b) Monitoring.--The President shall ensure that the system of
controls described in subsection (a) is monitored by appropriate
agencies of the United States.
(c) Presidential Advisory Commission.--
(1) Purposes.--The President shall appoint an advisory
commission, the purposes of which shall be--
(A) to make recommendations to the President on the
effectiveness of the monitoring under subsection (b),
and on ways to improve such monitoring; and
(B) to develop a labeling system, that could be
used by diamond and jewelry vendors, that would certify
to consumers that a diamond imported into the United
States has been subject to a system of controls on
rough diamonds described in subsection (a).
(2) Membership.--The advisory commission shall be composed
of 11 members, 3 of whom shall be representatives of private
voluntary organizations, and 2 of whom shall be representatives
of the diamond industry. The remaining members may be appointed
from appropriate agencies of the United States and other
interested parties.
SEC. 4. PENALTIES.
(a) In General.--Violations of section 3 are subject to civil and
criminal penalties under the laws of the United States to the same
extent as any other violation of the customs laws of the United States.
(b) Blocking Assets and Prohibiting Transactions.--The President
may exercise the authorities he has under the International Economic
Powers Act (50 U.S.C. 1701 et seq.), without regard to section 202 of
that Act, to block, and prohibit transactions in, property owned or
controlled by any person who exports diamonds to the United States from
a country that fails to meet the requirements of section 3(a) of this
Act. The penalties provided in section 206 of the International
Economic Powers Act shall apply to violations of licenses, orders, or
regulations issued under this subsection to the same extent as such
penalties apply with respect to violations under that Act.
(c) Proceeds From Fines and Forfeited Goods.--The proceeds derived
from fines imposed for violations of section 3(a), and from the seizure
and forfeiture of goods imported in violation of section 3(a), shall,
in addition to amounts otherwise available for such purposes, be
available only for--
(1) the War Victims Fund administered by the Agency for
International Development or any successor program to assist
victims of foreign wars; and
(2) grants under section 131 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2152a).
SEC. 5. RESTRICTIONS ON OPIC AND EXPORT-IMPORT BANK.
(a) OPIC.--The Overseas Private Investment Corporation may not
insure, reinsure, guarantee, or finance any investment in connection
with a project involving the mining, polishing or other processing, or
sale of diamonds in a country that fails to meet the requirements of
section 3(a).
(b) Export-Import Bank.--The Export-Import Bank of the United
States may not guarantee, insure, extend credit, or participate in an
extension of credit in connection with the export of any goods to a
country for use in an enterprise involving the mining, polishing or
other processing, or sale of diamonds in a country that fails to meet
the requirements of section 3(a).
SEC. 6. ANNUAL REPORT.
The President shall transmit to the Congress, not later than 6
months after the date of the enactment of this Act, and not later than
September 30 of each subsequent calendar year, a report--
(1) describing and evaluating the effectiveness of the
system of controls on trade in diamonds described in section
3(a);
(2) identifying those countries that are implementing those
controls;
(3) identifying those countries that are not implementing
those controls, and describing the effects of that failure on
the trade in diamonds used to support conflict in the country
or regions in which the diamonds are extracted; and
(4) describing in detail technological developments that
allow--
(A) the determination of where a diamond was mined;
and
(B) the marking and tracking of rough and polished
diamonds.
SEC. 7. GAO REPORT.
Not later than 3 years after the date of the enactment of this Act,
the Comptroller General of the United States shall report to the
Congress on the effectiveness of the provisions of this Act in
preventing the importation of diamonds traded in violation of the
system of controls described in section 3(a). The Comptroller General
shall include in the report any recommendations on any modifications to
this Act that may be necessary.
SEC. 8. NEGOTIATION OF INTERNATIONAL AGREEMENT.
It is the sense of the Congress that the President should take the
necessary steps to negotiate an international agreement, working in
concert with the Kimberley Process referred to in section 2(6), to
eliminate the trade in diamonds used to support conflict in the country
or regions in which the diamonds are extracted. Such an agreement
should create an effective global certification system covering diamond
exporting and importing countries, and should include those elements
described in section 3(a)(2).
SEC. 9. DEFINITIONS.
In this Act:
(1) Diamonds.--The term ``diamonds'' includes any diamonds
or diamond jewelry, classified under heading 7102 or 7113 of
the Harmonized Tariff Schedule of the United States, other than
diamond jewelry not exceeding $25,000 in value imported by or
on account of a person for personal use and accompanying that
person upon entry into the United States.
(2) Rough diamonds.--The term ``rough diamonds'' means
diamonds that are unworked, or simply sawn, cleaved, or bruted,
classified under heading 7102 of the Harmonized Tariff Schedule
of the United States.
(3) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
SEC. 10. EFFECTIVE DATE AND WAIVERS.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect on the date that is 6 months after the date of the
enactment of this Act.
(b) Waiver Authority.--The President may waive the applicability of
this Act with respect to a country for a period of not more than 6
months if the President, before granting the waiver--
(1) determines that the country is making significant
progress toward concluding an international agreement described
in section 8 or is implementing the system of controls on the
export and import of rough diamonds described in section 3(a);
and
(2) transmits that determination, with the reasons
therefor, to the Congress. | Clean Diamonds Act - Prohibits the import of diamonds into the United States unless the exporting country is implementing a system of controls on the export or import of rough diamonds that meets specified requirements, consistent with United Nations General Assembly Resolution 55/56 adopted on December 1, 2000, or a future international agreement which implements such controls and to which the United States is a signatory. Sets forth both civil and criminal penalties for violations of the requirements of this Act.Prohibits the Overseas Private Investment Corporation and the Export-Import Bank from engaging in certain transactions in connection with projects or exports to countries violating the requirements of this Act.Expresses the sense of Congress that the President should take steps to negotiate an international agreement to eliminate the trade in diamonds used to support conflict in the country or regions in which such diamonds are mined.Provides a waiver for the requirements of this Act. | {"src": "billsum_train", "title": "To prohibit the importation of diamonds unless the countries exporting the diamonds into the United States have in place a system of controls on rough diamonds, and for other purposes."} | 2,639 | 204 | 0.410269 | 1.3553 | 0.731688 | 5.138554 | 14.63253 | 0.933735 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.