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SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Buy American Act''.
SEC. 2. INCREASE OF DOMESTIC CONTENT PERCENTAGE TO 60 PERCENT.
Section 8301 of title 41, United States Code, is amended by adding
at the end the following new paragraph:
``(3) Substantially all.--Articles, materials, or supplies
shall be treated as made substantially all from articles,
materials, or supplies mined, produced, or manufactured in the
United States, if the cost of the domestic components of such
articles, materials, or supplies exceeds 60 percent of the
total cost of all components of such articles, materials, or
supplies.''.
SEC. 3. CRITERIA REQUIRED FOR USE OF OVERSEAS EXCEPTION.
Section 8302 of title 41, United States Code, is amended by adding
at the end the following new subsection:
``(c) Criteria for Use of Overseas Exception.--
``(1) In general.--The exception under subsection (a)(2)(A)
for articles, materials, or supplies to be acquired for use
outside the United States may not be used unless one of the
following criteria is met:
``(A) The articles, materials, or supplies are
needed on an urgent basis.
``(B) The articles, materials, or supplies are to
be purchased using a local supplier.
``(C) A cost analysis described in paragraph (2)
demonstrates that the articles, materials, or supplies
to be acquired (if acquired from a company
manufacturing in the United States) would be more than
50 percent more expensive for the Federal agency
acquiring the articles, materials, or supplies.
``(2) Cost analysis.--In any case in which articles,
materials, or supplies are to be acquired for use outside the
United States and are not needed on an urgent basis or are not
to be purchased using a local supplier, before entering into a
contract an analysis shall be made of the difference in the
cost of acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or supplies in
the United States (including the cost of shipping) and the cost
of acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or supplies
outside the United States (including the cost of shipping).''.
SEC. 4. CRITERIA REQUIRED FOR USE OF PUBLIC INTEREST EXCEPTION.
(a) Buy American Act.--Section 8302 of title 41, United States
Code, as amended by section 3, is further amended by adding at the end
the following new subsection:
``(d) Criteria for Use of Public Interest Exception.--In
determining whether a public interest exception shall be applied under
subsection (a), the head of a Federal agency shall--
``(1) consider the short-term and long-term effects of
applying such exception on employment within the United States,
taking into account information provided by entities that
manufacture the articles, materials, or supplies concerned in
the United States; and
``(2) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
(b) Federal Transit Administration Funds.--Section 5323(j) of title
49, United States Code, is amended by adding at the end the following
new paragraph:
``(10) Criteria for use of public interest waiver.--In
determining whether a public interest waiver shall be issued
under paragraph (2)(A), the Secretary shall--
``(A) consider the short-term and long-term effects
of applying such waiver on employment within the United
States, taking into account information provided by
entities that produce the steel, iron, and goods
concerned in the United States; and
``(B) determine that preserving or increasing
employment within the United States is consistent with
the public interest.''.
(c) Federal Highway Administration Funds.--Section 313 of title 23,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Criteria for Use of Public Interest Finding.--In determining
whether a public interest finding shall be made under subsection
(b)(1), the Secretary shall--
``(1) consider the short-term and long-term effects of
making such finding on employment within the United States,
taking into account information provided by entities that
produce the materials or products concerned in the United
States; and
``(2) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
(d) AMTRAK Funds.--Section 24305(f) of title 49, United States
Code, is amended by adding at the end the following new paragraph:
``(5) In deciding whether a public interest exemption shall be
issued under paragraph (4)(A)(i), the Secretary shall--
``(A) consider the short-term and long-term effects of
issuing such exemption on employment within the United States,
taking into account information provided by entities that
manufacture the articles, material, or supplies concerned in
the United States; and
``(B) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
(e) Federal Railroad Administration High Speed Rail Program
Funds.--Section 24405(a) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(12) In determining whether a public interest waiver shall be
granted under paragraph (2)(A), the Secretary shall--
``(A) consider the short-term and long-term effects of
granting such waiver on employment within the United States,
taking into account information provided by entities that
produce the steel, iron, or goods concerned in the United
States; and
``(B) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
(f) Federal Aviation Administration Funds.--Section 50101 of title
49, United States Code, is amended by adding at the end the following
new subsection:
``(d) Criteria for Use of Public Interest Waiver.--In determining
whether a public interest waiver shall be granted under subsection
(b)(1), the Secretary shall--
``(1) consider the short-term and long-term effects of
granting such waiver on employment within the United States,
taking into account information provided by entities that
produce the steel or goods concerned in the United States; and
``(2) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
(g) Water Pollution Prevention and Control Grants for Construction
of Treatment Works.--Section 1295 of title 33, United States Code, is
amended--
(1) by inserting ``(a) In General.--'' before
``Notwithstanding''; and
(2) by adding at the end the following new subsection:
``(b) Criteria for Use of Public Interest Exception.--In
determining whether a public interest exception shall be applied under
subsection (a), the Administrator shall--
``(1) consider the short-term and long-term effects of
applying such exception on employment within the United States,
taking into account information provided by entities that
manufacture the articles, materials, or supplies concerned in
the United States; and
``(2) determine that preserving or increasing employment
within the United States is consistent with the public
interest.''.
SEC. 5. TRANSPARENCY REQUIREMENTS.
(a) Requirement for Agencies To Notify OMB.--Each agency that
applies an exception to, or grants a waiver under, chapter 83 of title
41, United States Code (popularly referred to as the Buy American Act)
shall submit to the Director of the Office of Management and Budget a
notification of the application of the exception or the grant of a
waiver and a statement describing the procurement and the exception
being applied or waiver granted.
(b) Requirement for Director of OMB To Post on Web Site.--Within 7
days after receipt of any notification under subsection (a), the
Director of the Office of Management and Budget shall post the
notification on a central, publicly accessible website of the Office.
(c) Definition of Agency.--In this section, the term ``agency'' has
the meaning given under section 551 of title 5, United States Code.
SEC. 6. LOANS AND LOAN GUARANTEES TO DOMESTIC MANUFACTURERS UNDER
DEFENSE PRODUCTION ACT.
(a) Program Authorized.--The President, acting through the
Secretary of Defense, may establish and carry out a program to make or
guarantee loans under title III of the Defense Production Act (50
U.S.C. App. 2091 et seq.) to eligible entities in accordance with this
section.
(b) Eligibility Requirements.--The Secretary of Defense shall
establish eligibility requirements for purposes of the loans or loan
guarantees under this section in order to provide assistance to any
entity that--
(1) is a manufacturer in the United States;
(2) is a firm certified as eligible to apply for adjustment
assistance under section 251(c) of the Trade Act of 1974 (19
U.S.C. 2341(c)); and
(3) meets one of the following criteria:
(A) The entity mines, produces, or manufactures a
nonavailable item.
(B) The entity is the last remaining manufacturer
of an item in the United States, as determined by the
Secretary of Defense, and can prove hardship because of
foreign competition.
(C) The entity is the last remaining manufacturer
of an item in the United States and that item is
considered to be vital for national security purposes
by the Department of Defense or another department or
agency of the United States.
(c) Amount of Loan or Loan Guarantee.--The amount of any loan made
or guaranteed under this section may not exceed $5,000,000 per entity.
(d) Use of Funds.--Each eligible entity receiving a loan or loan
guarantee under this section shall use the funds of the loan made or
guaranteed only for one or more of the following purposes:
(1) Increasing its ability to compete for a Government
contract for a nonavailable item.
(2) Increasing its ability to produce a nonavailable item.
(3) Increasing its capacity to produce items that are vital
to national security.
(e) Application Requirements.--To receive a loan or loan guarantee
under this section, an eligible entity shall submit an application to
the Secretary of Defense at such time, in such manner, and containing
such information as the Secretary may require. At a minimum, the
application shall include a statement regarding the number of direct
full-time domestic jobs expected to be created or retained as a result
of the loan made or guaranteed, but such statement shall not be the
sole factor used in determining the award of the loan or loan
guarantee.
(f) Annual Evaluation of Loan or Loan Guarantee Recipients by
Department of Defense.--The Secretary of Defense each year shall
evaluate recipients of loans or loan guarantees under this section to
determine the proper allocation of loan funds that are loaned or
guaranteed.
(g) Definition of Nonavailable Item.--In this section, the term
``nonavailable item'' means any of the following:
(1) An article, material, or supply--
(A) that has been determined by a Federal agency,
pursuant to chapter 83 of title 41, United States Code
(popularly referred to as the Buy American Act), to not
be mined, produced, or manufactured in the United
States in sufficient and reasonably available
commercial quantities of a satisfactory quality; or
(B) that is listed on the list of nonavailable
articles under subpart 25.104 of the Federal
Acquisition Regulation.
(2) An article or item--
(A) that is described in section 2533a(b) of title
10, United States Code, and grown, reprocessed, reused,
or produced in the United States; and
(B) satisfactory quality and sufficient quantity of
which cannot be procured as and when needed at United
States market prices, as determined by the Secretary of
Defense or the Secretary of the military department
concerned, pursuant to section 2533a(c) of such title.
(3) Compliant specialty metal--
(A) as defined in section 2533b(b) of title 10,
United States Code; and
(B) satisfactory quality and sufficient quantity of
which, and in the required form, cannot be procured as
and when needed, as determined by the Secretary of
Defense or the Secretary of the military department
concerned, pursuant to such section 2533b(b).
(4) An item listed in subsection (a) of section 2534 of
title 10, United States Code, if the Secretary determines,
under subsection (d)(4) of such section, that satisfactory
quality of the item manufactured by an entity that is part of
the national technology and industrial base (as defined in
section 2500(1) of such title) is not available. | 21st Century Buy American Act - Deems articles, materials, or supplies as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 60% of the total cost of all components of such articles, materials, or supplies. Prohibits the use of the overseas exception to Buy American requirements unless one of the following criteria is met: (1) the articles, materials, or supplies are needed on an urgent basis; (2) the articles, materials, or supplies are to be purchased using a local supplier; or (3) a cost analysis demonstrates that the articles, materials, or supplies to be acquired would be more than 50% more expensive if made in the United States. Requires the head of a federal agency, in determining whether to apply the public interest exception to Buy American requirements, to: (1) consider the short-term and long-term effects of applying such exception on employment in the United States, and (2) determine that preserving or increasing employment in the United States is consistent with the public interest. Requires each federal agency that applies an exception or grants a waiver to Buy American requirements to submit to the Director of the Office of Management and Budget (OMB) a notification of such exception or waiver. Requires the Director to post such notification on the OMB website. Authorizes the Secretary of Defense (DOD) to establish and carry out a program to make or guarantee loans to certain business entities, up to $500,000 per entity, under the Defense Production Act. Specifies eligibility requirements for such entities, including requirements that such an entity is a manufacturer in the United States, is certified as eligible to apply for trade adjustment assistance, and meets criteria relating to the availability of an item. | {"src": "billsum_train", "title": "21st Century Buy American Act"} | 2,821 | 413 | 0.623214 | 1.980741 | 0.748853 | 5.278873 | 7.495775 | 0.946479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel and National Security Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Domestic steel capacity is an essential part of the
domestic industrial and technological base, as described in
Executive Order Numbered 12919.
(2) Executive Order Numbered 12919--
(A) designates the Nation's domestic industrial and
technological base as the foundation for national
defense preparedness; and
(B) directs that authority provided under the
Defense Production Act of 1950 be used to strengthen
the domestic industrial and technological base to
ensure that such base is capable of responding to all
threats to the national security of the United States.
(3) The influx of cheap imported steel illegally dumped on
the United States has brought about a crisis in the United
States' steel industry that threatens the viability of domestic
steel production.
SEC. 3. PRODUCTIVE CAPACITY AND SUPPLY.
(a) Authorization of Appropriation.--Section 711(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended to read as
follows:
``(b) Title III Authorization.--
``(1) In general.--There are authorized to be appropriated
for each of fiscal years 2002, 2003, and 2004 not to exceed
$1,000,000,000.
``(2) Purchase commitments.--Not less than 50 percent of
the amount appropriated under paragraph (1) for any fiscal year
is authorized to be appropriated solely for purchase
commitments.''.
(b) National Defense Preparedness Domestic Industrial Base Board.--
Title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et
seq.) is amended by adding at the end the following new section:
``SEC. 311. NATIONAL DEFENSE PREPAREDNESS DOMESTIC INDUSTRIAL BASE
BOARD.
``(a) Establishment.--There is hereby established a board to be
known as the National Defense Preparedness Domestic Industrial Base
Board (hereafter in this section referred to as the `Board').
``(b) Membership.--
``(1) Number and appointment.--The Board shall consist of 5
members appointed by the President, from among individuals
who--
``(A) are or have been affiliated with the
Department of Defense or a military department (as
defined in section 101 of title 10, United States Code;
and
``(B) have experience preparing the United States
for a national security emergency or managing the
development and acquisition of weapons or other defense
products.
``(2) Political affiliation.--Not more than 3 members may
be of the same political party.
``(3) Terms.--
``(A) In general.--Each member shall be appointed a
term of 5 years, except as provided in subparagraphs
(A) and (B)
``(B) Terms of initial appointees.--As designated
by the President at the time of appointment, of the
members first appointed--
``(i) 1 shall be appointed for a term of 5
years;
``(ii) 1 shall be appointed for a term of 4
years;
``(iii) 1 shall be appointed for a term of
3 years;
``(iv) 1 shall be appointed for a term of 2
years; and
``(v) 1 shall be appointed for a term of 1
year.
``(4) Vacancies.--
``(A) Appointment for balance of term.--Any member
appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term.
``(B) Continuation of service.--A member may serve
after the expiration of that member's term until a
successor has taken office.
``(C) Appointment to vacancy.--A vacancy in the
Board shall be filled in the manner in which the
original appointment was made.
``(5) Prohibition of compensation of federal employees.--
Members of the Board who are full-time officers or employees of
the United States may not receive additional pay, allowances,
or benefits by reason of their service on the Board.
``(6) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
``(7) Quorum.--3 members of the Board shall constitute a
quorum but a lesser number may hold hearings.
``(c) Chairperson.--The Chairperson of the Board shall be
designated by the President at the time of the appointment.
``(d) Duties.--
``(1) In general.--The Board shall take such action as may
be necessary to ensure uninterrupted availability of national
defense-related products, services, and industrial resources
through long-term purchase agreements with domestic sources.
``(2) One-time en masse purchases.--
``(A) In general.--The Board may, in the Board's
discretion, purchase domestic products, materials, or
industrial resources from a domestic concern that is at
risk of bankruptcy and whose failure would threaten a
critical industry for national security, including the
steel industry, in which such concern is involved.
``(B) Storage for use.--Any product or material
purchased by the Board under subparagraph (A) shall be
kept in storage for use in the event of a national
emergency, in accordance with the Strategic and
Critical Materials Stock Piling Act, or as the
Secretary of Defense or the Secretary of Energy may
otherwise provide.
``(3) Study and monitor critical industries.--The Board
shall study and monitor critical industries, including the
steel industry, for national security and domestic concerns
involved in any such industry to determine which are in danger
of failing or otherwise losing the capacity to provide for
national security.
``(4) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Domestic concern.--The term `domestic
concern' has the same meaning given in section
104(h)(1) of the Foreign Corrupt Practices Act of 1977.
``(B) Domestic product, material, or industrial
resource.--The term `domestic products, materials, or
industrial resources' means--
``(i) in the case of unmanufactured
products, materials, or industrial resources,
products, materials, or resources all or
substantially all of which were mined or
produced in the United States; and
``(ii) in the case of manufactured or
processed products, materials and industrial
resources--
``(I) all or substantially all of
the component products, materials, or
resources were mined or produced in the
United States; and
``(II) all or substantially all of
the manufacturing, processing,
fabrication, or assembly of such
product, material or resource was
conducted within the United States.
``(e) Powers of the Board.--
``(1) Hearings and sessions.--
``(A) In general.--The Board may, for the purpose
of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence
as the Board considers appropriate.
``(B) Oaths and affirmations.--The Board may
administer oaths or affirmations to witnesses appearing
before it.
``(2) Obtaining official data.--
``(A) In general.--Notwithstanding any other
provision of law, the Board may secure directly from
any department or agency of the United States
information necessary to enable it to carry out this
section.
``(B) Request for information.--Upon request of the
Chairperson of the Board, the head of the department or
agency receiving the request for information under
subparagraph (A) shall furnish that information to the
Board.
``(3) Mails.--The Board may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
``(4) Administrative support services.--Upon the request of
the Board, the Administrator of General Services shall provide
to the Board, on a reimbursable basis, the administrative
support services necessary for the Board to carry out this
section.
``(f) Staff.--
``(1) Appointment.--The Board may appoint and fix the pay
of a Director and such additional personnel as the Board
considers appropriate.
``(2) Experts and consultants.--The Board may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``(3) Staff of federal agencies.--Upon request of the
Board, the head of any Federal department or agency may detail,
on a reimbursable basis, any of the personnel of that
department or agency to the Board to assist the Board in
carrying out this section.''.
SEC. 4. MANDATORY REVIEW OF MERGERS, ACQUISITIONS, AND TAKEOVERS OF
DOMESTIC STEEL COMPANIES BY FOREIGN COMPANIES.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(b)) is amended by inserting before the period at the end of
the 1st sentence ``or in any instance in which a person of a foreign
country (as defined in section 3502(d) of the Omnibus Trade and
Competitiveness Act of 1988) seeks to engage in any merger,
acquisition, or takeover that could result in the control by such
person of a domestic steel company''.
SEC. 5. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2166(a)) is amended by striking ``September 30, 2001'' and
inserting ``September 30, 2004''. | Steel and National Security Act - Amends the Defense Production Act of 1950 to extend through FY 2004: (1) the authorization of appropriations for domestic industrial and technological productive capacity and supply, requiring no less than 50 percent of amounts appropriated to be used solely for purchase commitments; and (2) the authority of such Act.Establishes the National Defense Preparedness Domestic Industrial Base Board to: (1) undertake necessary actions to ensure the uninterrupted availability of national defense-related products, services, and industrial resources through long-term purchase agreements with domestic sources; and (2) study and monitor critical industries, including steel, to determine which are in danger of failing or otherwise losing the capacity to provide for national security.Requires mandatory review of any merger, acquisition, or takeover of any domestic steel company by a foreign person. | {"src": "billsum_train", "title": "To amend the Defense Production Act of 1950 to establish the National Defense Preparedness Domestic Industrial Base Board, and for other purposes."} | 2,224 | 174 | 0.627397 | 1.809173 | 0.743654 | 4.40625 | 12.44375 | 0.93125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World Language Advancement and
Readiness Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The national security of the United States continues to
depend on language readiness, in particular among the seventeen
agencies of the Intelligence Community.
(2) The levels of language proficiency required for
national security necessitate long sequences of language
training for personnel in the Intelligence Community and the
Department of Defense.
(3) The future national security and economic well-being of
the United States will depend substantially on the ability of
its citizens to communicate and compete by knowing the
languages and cultures of other countries.
(4) The Federal Government has an interest in ensuring that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this changing international environment.
(5) The Federal Government also has an interest in taking
actions to alleviate the problem of American students being
inadequately prepared to meet the challenges posed by
increasing global interaction among nations.
(6) American elementary schools, secondary schools,
colleges, and universities must place a new emphasis on
improving the teaching of foreign languages, area studies,
counterproliferation studies, and other international fields to
help meet those challenges.
SEC. 3. WORLD LANGUAGE ADVANCEMENT AND READINESS GRANTS.
(a) Program Authority.--The Secretary of Defense, in consultation
with the Director of National Intelligence and the Secretary of
Education, shall carry out a program under which the Secretary of
Defense makes grants, on a competitive basis, to State educational
agencies and local educational agencies to pay the Federal share of the
cost of innovative model programs providing for the establishment,
improvement, or expansion of world language study for elementary school
and secondary school students.
(b) Duration.--Each grant under this Act shall be awarded for a
period of 3 years.
(c) Requirements for State and Local Educational Agencies.--
(1) Grants to state educational agencies.--In awarding a
grant under subsection (a) to a State educational agency, the
Secretary of Defense shall support programs that promote
systemic approaches to improving world language learning in the
State.
(2) Grants to local educational agencies.--In awarding a
grant under subsection (a) to a local educational agency, the
Secretary of Defense shall support programs that--
(A) show the promise of being continued beyond the
grant period;
(B) demonstrate approaches that can be disseminated
to and duplicated in other local educational agencies;
and
(C) may include a professional development
component.
(d) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share for each fiscal year shall be 50 percent.
(2) Exception.--The Secretary of Defense may determine the
Federal share for any local educational agency that the
Secretary determines does not have adequate resources to pay
the non-Federal share.
(e) Allocation of Funds.--
(1) Not less than 75 percent of the funds made available to
carry out this Act for a fiscal year shall be used for the
expansion of world language learning in elementary schools.
(2) Not less than 75 percent of the funds made available to
carry out this Act for a fiscal year shall be used to support
instruction in world languages determined by the Secretary of
Defense to be critical to the national security interests of
the United States.
(3) The Secretary of Defense may reserve not more than 5
percent of funds made available to carry out this Act for a
fiscal year to evaluate the efficacy of programs that receive
grants under subsection (a)
(f) Applications.--
(1) In general.--To be considered for a grant under
subsection (a), a State educational agency or local educational
agency shall submit an application to the Secretary of Defense
at such time, in such manner, and containing such information
and assurances as the Secretary may require.
(2) Special consideration.--The Secretary of Defense shall
give special consideration to applications describing programs
that--
(A) include intensive summer world language
programs for professional development of world language
teachers;
(B) link nonnative English speakers in the
community with the schools in order to promote two-way
language learning;
(C) promote the sequential study of a world
language for students, beginning in elementary schools;
(D) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote world language study;
(E) promote innovative activities, such as dual
language immersion, partial world language immersion,
or content-based instruction; and
(F) are carried out through a consortium comprised
of the agency receiving the grant, an elementary school
or secondary school, and an institution of higher
education (as that term is defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002)).
SEC. 4. DEFINITIONS.
In this Act:
(1) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) World language.--The term ``world language'' means--
(A) any natural language other than English,
including--
(i) languages determined by the Secretary
of Defense to be critical to the national
security interests of the United States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph (A) that
is taught in combination with English as part of a dual
language or immersion learning program. | World Language Advancement and Readiness Act of 2017 This bill directs the Department of Defense to award three-year competitive grants to state and local educational agencies for the establishment, improvement, or expansion of world language (e.g., foreign language or American Sign Language) programs in elementary and secondary schools. | {"src": "billsum_train", "title": "World Language Advancement and Readiness Act of 2017"} | 1,233 | 63 | 0.561894 | 1.46263 | 0.952049 | 3.017857 | 21.517857 | 0.910714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Agency Simplification and
Efficiency Act'' or the ``EASE Act''.
SEC. 2. REQUIREMENT FOR COMPTROLLER GENERAL TO SUBMIT LEGISLATIVE
PROPOSAL TO REORGANIZE EXECUTIVE BRANCH AGENCIES.
(a) Legislative Proposal Requirement.--The Comptroller General of
the United States shall submit one legislative proposal to Congress,
with a copy transmitted to the President at the same time, to
reorganize executive branch agencies in order to achieve the following:
(1) A decrease in the total number of Federal agencies that
promote American competitiveness, exports, and businesses, in
order to improve and simplify support and services for American
businesses.
(2) Cost savings in the performance by the Federal
Government of support and services for American businesses.
(b) Deadline.--The Comptroller General shall submit the legislative
proposal required by subsection (a) not later than one year after the
date of the enactment of this Act.
(c) Agency Defined.--In this Act, the term ``agency'' has the
meaning provided in section 551(1) of title 5, United States Code.
SEC. 3. EXPEDITED CONGRESSIONAL CONSIDERATION OF GAO LEGISLATIVE
PROPOSAL.
(a) Definition.--In this section, the term ``bill'' means only a
bill that implements the legislative proposal submitted to Congress
under section 2(a) and that is introduced within the 90-day period
beginning on the date on which the Comptroller General submits the
legislative proposal to Congress under section 2(a).
(b) Referral.--A bill described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
committee with jurisdiction over the subject matter concerned. A bill
described in subsection (a) introduced in the Senate shall be referred
to the committee with jurisdiction over the subject matter concerned.
An amendment to the bill is not in order in the committee in either
House.
(c) Discharge.--If the committee to which a bill described in
subsection (a) is referred has not reported such a bill (or an
identical bill) by the end of the 20-day period beginning on the date
on which the Comptroller General submits the proposal to the Congress
under section 2, such committee shall be, at the end of such period,
discharged from further consideration of such bill, and such bill shall
be placed on the appropriate calendar of the House involved.
(d) Consideration.--(1) On or after the third day after the date on
which the committee to which such a bill is referred has reported, or
has been discharged (under subsection (c)) from further consideration
of, such a bill, it is in order (even though a previous motion to the
same effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the bill. A Member may
make the motion only on the day after the calendar day on which the
Member announces to the House concerned the Member's intention to make
the motion, except that, in the case of the House of Representatives,
the motion may be made without such prior announcement if the motion is
made by direction of the committee to which the bill was referred. All
points of order against the bill (and against consideration of the
bill) are waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not debatable.
The motion is not subject to amendment, or to a motion to postpone, or
to a motion to proceed to the consideration of other business. A motion
to reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the consideration of
the bill is agreed to, the respective House shall immediately proceed
to consideration of the bill without intervening motion, order, or
other business, and the bill shall remain the unfinished business of
the respective House until disposed of.
(2) Debate on the bill, and on all debatable motions and appeals in
connection therewith, shall be limited to not more than 2 hours, which
shall be divided equally between those favoring and those opposing the
bill. An amendment to the bill is not in order. A motion further to
limit debate is in order and not debatable. A motion to postpone, or a
motion to proceed to the consideration of other business, or a motion
to recommit the bill is not in order. A motion to reconsider the vote
by which the bill is agreed to or disagreed to is not in order.
(3) Immediately following the conclusion of the debate on a bill
described in subsection (a) and a single quorum call at the conclusion
of the debate if requested in accordance with the rules of the
appropriate House, the vote on final passage of the bill shall occur.
(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a bill described in
subsection (a) shall be decided without debate.
(e) Consideration by Other House.--(1) If, before the passage by
one House of a bill of that House described in subsection (a), that
House receives from the other House a bill described in subsection (a),
then the following procedures shall apply:
(A) The bill of the other House shall not be referred to a
committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
(B) With respect to a bill described in subsection (a) of
the House receiving the bill--
(i) the procedure in that House shall be the same
as if no bill had been received from the other House;
but
(ii) the vote on final passage shall be on the bill
of the other House.
(2) Upon disposition of the bill received from the other House, it
shall no longer be in order to consider the bill that originated in the
receiving House.
(f) Computation of Period.--For purposes of subsections (a) and
(c), the days on which either House of Congress is not in session
because of an adjournment of more than three days to a day certain
shall be excluded in the computation of a period.
(g) Rules of the Senate and House.--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 bill 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. | Executive Agency Simplification and Efficiency Act or the EASE Act - Directs the Comptroller General (GAO) to submit one legislative proposal to Congress, with a copy to the President at the same time, to reorganize executive branch agencies to: (1) decrease the total number of agencies that promote American competitiveness, exports, and businesses in order to improve and simplify support and services for American businesses; and (2) achieve cost savings in the performance of support and services for American businesses by the federal government. Provides for expedited consideration of such proposal by the House of Representatives and the Senate. | {"src": "billsum_train", "title": "EASE Act"} | 1,581 | 133 | 0.646946 | 1.714535 | 0.66647 | 4.27193 | 12.885965 | 0.973684 |
SECTION 1. GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS.
(a) Short Title.--This Act may be cited as the ``Gifted and
Talented Students Education Act of 2007''.
(b) Amendment.--Subpart 6 of part D of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended
by adding at the end the following:
``CHAPTER B--GRANT PROGRAM FOR GIFTED AND TALENTED STUDENTS
``SEC. 5467. FINDINGS; ESTABLISHMENT OF PROGRAM; AUTHORIZED ACTIVITIES.
``(a) Findings.--Congress makes the following findings:
``(1) Gifted and talented students give evidence of high
performance capability in specific academic fields, or in areas
such as intellectual, creative, artistic, or leadership
capacity, and require services or activities not ordinarily
provided by a school in order to fully develop such
capabilities. Gifted and talented students are from all
cultural, racial, and ethnic backgrounds, and socioeconomic
groups. Some such students have disabilities and for some,
English is not their first language. Many students from such
diverse backgrounds have been historically underrepresented in
gifted education programs.
``(2) Elementary school students who are gifted and
talented have already mastered 35 to 50 percent of the material
covered in a school year in several subject areas before the
school year begins.
``(3) Elementary school and secondary school teachers have
students in their classrooms with a wide variety of traits,
characteristics, and needs. However, 61 percent of classroom
teachers do not receive training on meeting the needs of
students who are gifted and talented.
``(4) While the families or communities of some gifted
students can provide private programs and services with
appropriately trained staff to supplement public educational
offerings, most high-ability students, especially those from
inner cities, rural communities, or low-income families, must
rely on the services and personnel provided by public schools.
Therefore, gifted education programs, provided by qualified
professionals in the public schools, are needed to provide
equal educational opportunities.
``(5) Parents and families are essential partners to
schools in developing appropriate educational services for
gifted and talented students. They need access to information,
research, and support regarding the characteristics of gifted
children and their educational, and social and emotional needs,
as well as information on available strategies and resources
for education in State and local communities.
``(6) There currently is no Federal requirement to identify
or serve the Nation's approximately 3,000,000 gifted and
talented students.
``(7) While some States and local educational agencies
allocate resources to educate gifted and talented students,
others do not. Additionally, State laws, and State and local
funding, identification, and accountability mechanisms vary
widely, resulting in a vast disparity of services for this
special-needs population.
``(8) To meet the future economic and national security
needs of the United States, it is important that more students
achieve to higher levels, and that highly capable students
receive an education that prepares them to perform the most
highly innovative and creative work that is necessary to secure
our Nation's position in the world.
``(9) United States students are not filling the seats in
our Nation's advanced degree programs in several key fields.
For example, in 2001, 39 percent of the students earning
doctorates in engineering were United States citizens. This
compares to 44 percent in computer science, 47 percent in
mathematics, and 52 percent in physics and astronomy.
``(10) The performance of twelfth-grade advanced students
in the United States on the Third International Mathematics and
Science Study (TIMSS) was among the lowest in the world. In
each of 5 physics content areas in the study and in each of 3
mathematics content areas in the study, the performance of
physics and advanced mathematics students in the United States
was among the lowest of the participating countries.
``(11) In 2007, less than 3 cents out of every $100 of the
Federal K-12 education budget was devoted to meeting the needs
of the Nation's gifted and talented students.
``(b) Program Authorized.--
``(1) Competitive grants to states.--If the amount
appropriated under section 5468 for a fiscal year is greater
than $7,500,000 but less than $57,500,000, then the Secretary
may use such amount to award grants, on a competitive basis, to
State educational agencies to enable the State educational
agencies to award grants to local educational agencies under
section 5467C for developing or expanding gifted and talented
education programs, and providing direct educational services
and materials.
``(2) Formula grants to states.--If the amount appropriated
under section 5468 for a fiscal year equals or exceeds
$57,500,000, then the Secretary may use such amount to award
grants to State educational agencies, from allotments under
section 5467B, to enable the State educational agencies to
award grants to local educational agencies under section 5467C
for developing or expanding gifted and talented education
programs, and providing direct educational services and
materials.
``(c) Authorized Activities.--Grant funds provided under this
chapter shall be used to carry out one or more of the following
activities:
``(1) Any activity described in paragraph (2), (4), (6), or
(7) of section 5464(b).
``(2) Providing direct educational services and materials
to gifted and talented students, which may include curriculum
compacting, modified or adapted curriculum, acceleration,
independent study, and dual enrollment.
``(d) Limitations on Use of Funds.--
``(1) Course work provided through emerging technologies.--
Grant funds provided under this chapter that are used for
activities described in section 5464(b)(7) may include
development of curriculum packages, compensation of distance-
learning educators, or other relevant activities, but grant
funds provided under this chapter may not be used for the
purchase or upgrading of technological hardware.
``(2) State use of funds.--
``(A) In general.--A State educational agency
receiving a grant under this chapter may not use more
than 10 percent of the grant funds for--
``(i) dissemination of general program
information;
``(ii) providing technical assistance under
this chapter;
``(iii) monitoring and evaluation of
programs and activities assisted under this
chapter;
``(iv) providing support for parental
education; or
``(v) creating a State gifted education
advisory board.
``(B) Administrative costs.--A State educational
agency may use not more than 50 percent of the funds
made available to the State educational agency under
subparagraph (A) for administrative costs.
``SEC. 5467A. ALLOTMENTS TO STATES.
``(a) Reservation of Funds.--From the amount made available to
carry out this chapter for any fiscal year, the Secretary shall reserve
\1/2\ of 1 percent for the Secretary of the Interior for programs under
this chapter for teachers, other staff, and administrators in schools
operated or funded by the Bureau of Indian Affairs.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall allot the total amount made available to carry
out this chapter for any fiscal year and not reserved under
subsection (a) to the States on the basis of their relative
populations of individuals aged 5 through 17, as determined by
the Secretary on the basis of the most recent satisfactory
data.
``(2) Minimum grant amount.--No State receiving an
allotment under paragraph (1) may receive less than \1/2\ of 1
percent of the total amount allotted under such paragraph.
``(c) Reallotment.--If any State does not apply for an allotment
under this section for any fiscal year, then the Secretary shall
reallot such amount to the remaining States in accordance with this
section.
``SEC. 5467B. STATE APPLICATION.
``(a) In General.--To be eligible to receive a grant under this
chapter, a State educational agency shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Contents.--Each application under this section shall include
assurances that--
``(1) the funds received under this chapter will be used to
identify and support gifted and talented students, including
gifted and talented students from all economic, ethnic, and
racial backgrounds, such students of limited English
proficiency, and such students with disabilities;
``(2) the funds not retained by the State educational
agency shall be used for the purpose of making, in accordance
with this chapter and on a competitive basis, grants to local
educational agencies;
``(3) the funds received under this chapter shall be used
only to supplement, but not supplant, the amount of State and
local funds expended for the education of, and related services
for, gifted and talented students;
``(4) the State educational agency will provide matching
funds for the activities to be assisted under this chapter in
an amount equal to not less than 10 percent of the grant funds
to be received, which matching funds may be provided in cash or
in kind; and
``(5) the State educational agency shall develop and
implement program assessment models to ensure program
accountability and to evaluate educational effectiveness.
``(c) Approval.--To the extent funds are made available to carry
out this chapter, the Secretary shall approve an application of a State
if such application meets the requirements of this section.
``SEC. 5467C. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Grant Competition.--A State educational agency shall use not
less than 90 percent of the funds made available to the State
educational agency under this chapter to award grants to local
educational agencies (including consortia of local educational
agencies) to enable the local educational agencies to carry out the
authorized activities described in section 5467(c).
``(b) Competitive Process.--Funds provided under this chapter to
local educational agencies shall be distributed to local educational
agencies through a competitive process that results in an equitable
distribution by geographic area within the State.
``(c) Size of Grant.--A State educational agency shall award a
grant under subsection (a) for any fiscal year in an amount sufficient
to meet the needs of the students to be served under the grant.
``SEC. 5467D. LOCAL APPLICATIONS.
``(a) Application.--To be eligible to receive a grant under this
chapter, a local educational agency (including a consortium of local
educational agencies) shall submit an application to the State
educational agency.
``(b) Contents.--Each application under this section shall
include--
``(1) an assurance that the funds received under this
chapter will be used to identify and support gifted and
talented students, including gifted and talented students from
all economic, ethnic, and racial backgrounds, such students of
limited English proficiency, and such students with
disabilities;
``(2) a description of how the local educational agency
will meet the educational needs of gifted and talented
students, including the training of personnel in the education
of gifted and talented students; and
``(3) an assurance that funds received under this chapter
will be used to supplement, not supplant, the amount of funds
the local educational agency expends for the education of, and
related services for, gifted and talented students.
``SEC. 5467E. ANNUAL REPORTING.
``Beginning 1 year after the date of enactment of the Gifted and
Talented Students Education Act of 2007 and for each year thereafter,
the State educational agency shall submit an annual report to the
Secretary that describes the number of students served and the
activities supported with funds provided under this chapter. The report
shall include a description of the measures taken to comply with
paragraphs (1) and (4) of section 5467B(b).
``SEC. 5467F. CONSTRUCTION.
``Nothing in this chapter shall be construed to prohibit a
recipient of funds under this chapter from serving gifted and talented
students simultaneously with students with similar educational needs,
in the same educational settings where appropriate.
``SEC. 5467G. DEFINITIONS.
``For purposes of this chapter:
``(1) Gifted and talented.--
``(A) In general.--Except as provided in
subparagraph (B), the term `gifted and talented' when
used with respect to a person or program--
``(i) has the meaning given the term under
applicable State law; or
``(ii) in the case of a State that does not
have a State law defining the term, has the
meaning given such term by definition of the
State educational agency or local educational
agency involved.
``(B) Special rule.--In the case of a State that
does not have a State law that defines the term, and
the State educational agency or local educational
agency has not defined the term, the term has the
meaning given the term in section 9101.
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``CHAPTER C--AUTHORIZATION OF APPROPRIATIONS
``SEC. 5468. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$170,000,000 for each of fiscal years 2008 through 2012, of which--
``(1) $7,500,000 shall be available for each fiscal year to
carry out chapter A; and
``(2) the remainder shall be available for each fiscal year
to carry out chapter 2.''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
Subpart 6 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7253 et seq.) is amended--
(1) by inserting after the subpart designation the
following:
``CHAPTER A--JACOB K. JAVITS GIFTED AND TALENTED STUDENTS EDUCATION
PROGRAM'';
(2) in section 5461 (20 U.S.C. 7253), by striking ``This
part'' and inserting ``This chapter'';
(3) by striking ``this part'' each place the term appears
and inserting ``this chapter''; and
(4) in section 5464 (20 U.S.C. 7253c)--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively. | Gifted and Talented Students Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award matching grants to states and, through them, competitive subgrants to local educational agencies for the development or expansion of gifted and talented education programs, and the provision of direct educational services and materials.
Specifies that such gifted and talented education programs include: (1) professional development for such students' teachers; (2) the implementation of innovative educational strategies; (3) making materials and services available through state regional educational service centers, institutions of higher education, or other entities; and (4) providing challenging, high-level coursework through technology. | {"src": "billsum_train", "title": "To provide a grant program for gifted and talented students, and for other purposes."} | 3,193 | 138 | 0.548958 | 1.417657 | 0.676898 | 2.210526 | 22.631579 | 0.87218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Discrimination Against Seven
States Act of 2003''.
SEC. 2. DEDUCTION OF STATE AND LOCAL GENERAL SALES TAXES FOR RESIDENTS
OF STATES WITH NO INCOME TAX.
(a) In General.--Subsection (b) of section 164 of the Internal
Revenue Code of 1986 (relating to definitions and special rules) is
amended by adding at the end the following:
``(5) General sales taxes.--For purposes of this section--
``(A) Deduction of state and local sales taxes by
residents of states imposing no income tax.--In the
case of an individual who is a resident for more than
half of the taxable year of a State which imposes no
income tax on income earned within such State by
residents of such State and who elects the application
of this paragraph, subsection (a) shall be applied--
``(i) without regard to the reference to
State and local income taxes,
``(ii) as if State and local general sales
taxes were referred to in a paragraph thereof,
and
``(iii) without regard to the last
sentence.
``(B) Definition of general sales tax.--The term
`general sales tax' means a tax imposed at one rate
with respect to the sale at retail of a broad range of
classes of items.
``(C) Special rules for food, etc.--In the case of
items of food, clothing, medical supplies, and motor
vehicles--
``(i) the fact that the tax does not apply
with respect to some or all of such items shall
not be taken into account in determining
whether the tax applies with respect to a broad
range of classes of items, and
``(ii) the fact that the rate of tax
applicable with respect to some or all of such
items is lower than the general rate of tax
shall not be taken into account in determining
whether the tax is imposed at one rate.
``(D) Items taxed at different rates.--Except in
the case of a lower rate of tax applicable with respect
to an item described in subparagraph (C), no deduction
shall be allowed under this paragraph for any general
sales tax imposed with respect to an item at a rate
other than the general rate of tax.
``(E) Compensating use taxes.--A compensating use
tax with respect to an item shall be treated as a
general sales tax. For purposes of the preceding
sentence, the term `compensating use tax' means, with
respect to any item, a tax which--
``(i) is imposed on the use, storage, or
consumption of such item, and
``(ii) is complementary to a general sales
tax, but only if a deduction is allowable under
this paragraph with respect to items sold at
retail in the taxing jurisdiction which are
similar to such item.
``(F) Special rule for motor vehicles.--In the case
of motor vehicles, if the rate of tax exceeds the
general rate, such excess shall be disregarded and the
general rate shall be treated as the rate of tax.
``(G) Separately stated general sales taxes.--If
the amount of any general sales tax is separately
stated, then, to the extent that the amount so stated
is paid by the consumer (other than in connection with
the consumer's trade or business) to the seller, such
amount shall be treated as a tax imposed on, and paid
by, such consumer.
``(H) Amount of deduction to be determined under
tables.--
``(i) In general.--The amount of the
deduction allowed under this paragraph shall be
determined under tables prescribed by the
Secretary.
``(ii) Requirements for tables.--The tables
prescribed under clause (i)--
``(I) shall reflect the provisions
of this paragraph,
``(II) shall be based on the
average consumption by taxpayers on a
State-by-State basis, as determined by
the Secretary, taking into account
filing status, number of dependents,
adjusted gross income, and rates of
State and local general sales taxation,
and
``(III) need only be determined
with respect to adjusted gross incomes
up to the applicable amount (as
determined under section 68(b)).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Stop Discrimination Against Seven States Act of 2003 - Amends the Internal Revenue Code to permit the deduction of State and local sales taxes by residents of States which do not impose income taxes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow residents of States with no income tax a deduction for State and local sales taxes."} | 1,012 | 43 | 0.462965 | 1.038471 | 0.802361 | 3.514286 | 26.628571 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Banking Act''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``joint resolution of approval'' means only a
joint resolution of either House of Congress--
(A) the title of which is as follows: ``Approving
the permanent extension of section 3 of the Green
Banking Act relating to the special allowance for
financial institutions investing in renewable energy
companies.''; and
(B) the sole matter after the resolving clause of
which is the following : ``Congress approves the
permanent extension of section 3 of the Green Banking
Act effective as of ________.'', with the blank space
being filled with a date that is not more than 25 years
after the date of enactment of this Act; and
(2) the term ``qualified renewable energy activities''
means--
(A) the production of solar energy systems, as
defined in section 2(a) of the National Housing Act (12
U.S.C. 1703(a)), in the United States; or
(B) the production or storage of energy within the
United States that is solely derived from--
(i) solar radiation;
(ii) wind;
(iii) ocean thermal gradients;
(iv) ocean currents and waves;
(v) hydropower;
(vi) the photovoltaic effect (as defined in
section 3 of the Solar Photovoltaic Energy
Research, Development, and Demonstration Act of
1978 (42 U.S.C. 5582));
(vii) geothermal deposits (as defined in
section 613(e) of the Internal Revenue Code of
1986);
(viii) biomass (as defined in section 203
of the Biomass Energy and Alcohol Fuels Act of
1980 (42 U.S.C. 8802)); or
(ix) fusion (as defined in section 3 of the
Magnetic Fusion Energy Engineering Act of 1980
(42 U.S.C. 9302)); and
(C) does not include any activity that facilitates
the production, use, transmission, or transportation of
energy derived from fossil fuels.
SEC. 3. SPECIAL ALLOWANCE FOR FINANCIAL INSTITUTIONS INVESTING IN
RENEWABLE ENERGY COMPANIES.
(a) Interests in Nonbanking Organizations.--
(1) In general.--Section 4 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1843) is amended--
(A) in subsection (c)--
(i) in paragraph (13), by striking ``or''
at the end;
(ii) by redesignating paragraph (14) as
paragraph (15); and
(iii) by inserting after paragraph (13) the
following:
``(14) shares of any company engaged solely in qualified
renewable energy activities if such shares do not exceed 20 per
centum of the outstanding voting shares of such company; or'';
and
(B) in subsection (j)--
(i) in paragraph (1)(A), by inserting ``,
(c)(14),'' after ``(c)(8)'';
(ii) in paragraph (2), by striking
subparagraph (A) and inserting the following:
``(A) Criteria.--
``(i) In general.--In connection with a
notice under this subsection, the Board shall
consider whether performance of the activity by
a bank holding company or a subsidiary of such
company can reasonably be expected to produce
benefits to the public, such as greater
convenience, increased competition, or gains in
efficiency, that outweigh possible adverse
effects, such as undue concentration of
resources, decreased or unfair competition,
conflicts of interests, unsound banking
practices, or risk to the stability of the
United States banking or financial system.
``(ii) Additional criteria.--In connection
with a notice related to an exemption under
subsection (c)(14), the Board shall, in
addition to the criteria listed under clause
(i), consider whether performance of the
activity by a bank holding company or a
subsidiary of such company can reasonably be
expected to produce a positive outcome for
environmental protection, ecological
sustainability, or technology advancement.'';
(iii) in paragraph (4)--
(I) in subparagraph (C)(i), by
inserting ``or (c)(14)'' after
``(c)(8)''; and
(II) in subparagraph (D)(i), by
inserting ``(determined without regard
to 50 percent of the value of any asset
acquired under subsection (c)(14))''
before the period at the end; and
(iv) in paragraph (5)(A), by inserting ``or
(c)(14)'' after ``(c)(8)''.
(2) Technical and conforming amendment.--Section 206 of the
Bank Export Services Act (12 U.S.C. 635a-4) is amended, in the
matter preceding paragraph (1), by striking ``section
4(c)(14)(F)(i)'' and inserting ``section 4(c)(15)(F)(i)''.
(3) Sunset.--The amendments made under this section shall
not apply after the date that is 30 years after the date of
enactment of this Act unless Congress enacts a joint resolution
of approval.
SEC. 4. UNDERWRITING STANDARDS FOR RESIDENTIAL SOLAR.
Section 1335 of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4565(b)) is amended--
(1) in subsection (b)--
(A) paragraph (3), in the matter following
subparagraph (B), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) develop appropriate and prudent underwriting
guidelines relating to financing for residential solar energy
systems, as defined in section 2(a) of the National Housing Act
(12 U.S.C. 1703(a)), to facilitate the secondary market for
mortgages on housing with such systems for low- and moderate-
income households, including systems not owned by the mortgagor
but subject to lease, power purchase, or other contractual
terms.''; and
(2) by adding at the end the following:
``(e) Report to Congress.--
``(1) Review.--
``(A) In general.--The Director shall conduct a
review to identify ways to increase the financing for
residential solar energy system property improvements
in underserved markets, including examining current
obstacles to such financing.
``(B) Consultation.--In conducting the review under
subparagraph (A), the Director shall solicit the views
of, and consult with--
``(i) Federal agencies supporting housing
finance and financial markets;
``(ii) representatives of State financial
regulators; and
``(iii) appropriate Federal and State
energy agencies.
``(2) Report.--Not later than 18 months after the date of
enactment of this subsection, the Director shall submit to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives a report with--
``(A) the results of the review conducted under
paragraph (1); and
``(B) any legislative recommendations to promote
greater use of residential solar energy systems.''. | Green Banking Act This bill amends the Bank Holding Company Act of 1956 to allow bank holding companies to own up to 20% of companies engaged solely in producing or storing renewable energy power, such as wind and solar power. This allowance terminates 30 years after enactment of this bill unless Congress enacts a joint resolution of approval. This bill amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to require both the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to develop underwriting guidelines for financing residential solar energy systems to facilitate the secondary market for mortgages on housing with such systems for low- and moderate-income households. The Federal Housing Finance Agency must identify ways to increase the financing for residential solar energy system property improvements in underserved markets. | {"src": "billsum_train", "title": "Green Banking Act"} | 1,681 | 177 | 0.493217 | 1.433334 | 0.72502 | 3.105263 | 9.875 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mens Rea Reform Act of 2015''.
SEC. 2. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES.
(a) Chapter 1 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 28. State of mind when not otherwise specifically provided
``(a) Definitions.--In this section--
``(1) the term `covered offense'--
``(A) means an offense--
``(i) specified in--
``(I) this title or any other Act
of Congress;
``(II) any regulation; or
``(III) any law (including
regulations) of any State or foreign
government incorporated by reference
into this title or any other Act of
Congress; and
``(ii) that is punishable by imprisonment,
a maximum criminal fine of at least $2,500, or
both; and
``(B) does not include--
``(i) any offense set forth in chapter 47
or chapter 47A of title 10;
``(ii) any offense incorporated by section
13(a) of this title; or
``(iii) any offense that involves conduct
which a reasonable person would know inherently
poses an imminent and substantial danger to
life or limb;
``(2) the term `knowingly', as related to an element of an
offense, means--
``(A) if the element involves the nature of the
conduct of a person or the attendant circumstances,
that the person is aware that the conduct of the person
is of that nature or that such circumstances exist; and
``(B) if the element involves a result of the
conduct of a person, that the person is aware that it
is practically certain that the conduct of the person
will cause such a result;
``(3) the term `state of mind' means willfully,
intentionally, maliciously, knowingly, recklessly, wantonly,
negligently, or with reason to believe, or any other word or
phrase that is synonymous with or substantially similar to any
such term; and
``(4) the term `willfully', as related to an element of an
offense, means that the person acted with knowledge that the
person's conduct was unlawful.
``(b) Default Requirement.--Except as provided in subsections (c)
and (d), a covered offense shall be construed to require the Government
to prove beyond a reasonable doubt that the defendant acted--
``(1) with the state of mind specified in the text of the
covered offense for each element for which the text specifies a
state of mind; and
``(2) willfully, with respect to any element for which the
text of the covered offense does not specify a state of mind.
``(c) Failure To Distinguish Among Elements.--Except as provided in
subsection (d), if the text of a covered offense specifies the state of
mind required for commission of the covered offense without specifying
the elements of the covered offense to which the state of mind applies,
the state of mind specified shall apply to all elements of the covered
offense, unless a contrary purpose plainly appears.
``(d) Exceptions.--
``(1) In general.--Subsections (b)(2) and (c) shall not
apply with respect to--
``(A) any element for which the text of the covered
offense makes clear that Congress affirmatively
intended not to require the Government to prove any
state of mind with respect to such element;
``(B) any element of a covered offense, to the
extent that the element establishes--
``(i) subject matter jurisdiction over the
covered offense; or
``(ii) venue with respect to trial of the
covered offense; or
``(C) any element of a covered offense, to the
extent that applying subsections (b)(2) and (c) to such
element would lessen the degree of mental culpability
that the Government is required to prove with respect
to that element under--
``(i) precedent of the Supreme Court of the
United States; or
``(ii) any other provision of this title,
any other Act of Congress, or any regulation.
``(2) Mere absence insufficient.--For purposes of paragraph
(1)(A), the mere absence of a specified state of mind for an
element of a covered offense in the text of the covered offense
shall not be construed to mean that Congress affirmatively
intended not to require the Government to prove any state of
mind with respect to that element.
``(e) Applicability.--This section shall apply with respect to a
covered offense--
``(1) without regard to whether the provision or provisions
specifying the covered offense are enacted, promulgated, or
finalized before, on, or after the date of enactment of this
section; and
``(2) that occurred--
``(A) on or after the date of enactment of this
section; or
``(B) before the date of enactment of this section,
unless--
``(i) applying this section to such covered
offense would--
``(I) punish as a crime conduct
that was innocent when done;
``(II) increase the punishment for
the covered offense; or
``(III) deprive a person charged
with the covered offense of any defense
available according to law at the time
the covered offense occurred;
``(ii) a jury has been empaneled and sworn
in a prosecution for the covered offense before
the date of enactment of this section;
``(iii) the first witness has been sworn in
a prosecution for the covered offense tried
without a jury before the date of enactment of
this section; or
``(iv) a sentence has been imposed
following a plea of guilty or nolo contendere
in a prosecution for the covered offense before
the date of enactment of this section.
``(f) Subsequently Enacted Laws.--No law enacted after the date of
enactment of this section shall be construed to repeal, modify the text
or effect of, or supersede in whole or in part this section, unless
such law specifically refers to this section and explicitly repeals,
modifies the text or effect of, or supersedes in whole or in part this
section.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 18, United States Code, is amended by adding at the
end the following:
``28. State of mind when not otherwise specifically provided.''. | Mens Rea Reform Act of 2015 This bill amends the federal criminal code to establish a default intent (state of mind)standardfor a federal criminal offense, unless the provision of law that defines such offense specifically provides otherwise. A federal criminal offense conviction under the default standard requires proof beyond a reasonable doubtthat a defendant acted intentionally and willfully with respect to each element of the offense.If a state of mind is not specified for an element of the offense, it must be shown that the defendant acted willfully. A person who acts "willfully" does so with the knowledge that the conduct is unlawful. The bill sets forth certain exceptions where the default standard shall not apply. Additionally, the bill requires that when a provision of lawidentifies an intentstandard but does not specify which elements of the offense the standard applies to, the identified standard must apply to all elements of the offense. | {"src": "billsum_train", "title": "Mens Rea Reform Act of 2015"} | 1,499 | 195 | 0.510386 | 1.613968 | 0.813144 | 1.626506 | 8.391566 | 0.771084 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Widows and Orphans Act of 2003''.
SEC. 2. NEW SPECIAL IMMIGRANT CATEGORY.
(a) Certain Children and Women at Risk of Harm.--Section 101(a)(27)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) is
amended--
(1) in subparagraph (L), by inserting a semicolon at the
end;
(2) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(N) subject to subsection (j), an immigrant who
is not present in the United States--
``(i) who is--
``(I) referred to a consular,
immigration, or other designated
official by a United States Government
agency, an international organization,
or recognized nongovernmental entity
designated by the Secretary of State
for purposes of such referrals; and
``(II) determined by such official
to be a minor under 10 years of age (as
determined under subsection (j)(5))--
``(aa) for whom no parent
or legal guardian is able to
provide adequate care;
``(bb) who faces a credible
fear of harm related to his or
her age;
``(cc) who lacks adequate
protection from such harm; and
``(dd) for whom it has been
determined to be in his or her
best interests to be admitted
to the United States; or
``(ii) who is--
``(I) referred to a consular or
immigration official by a United States
Government agency, an international
organization or recognized
nongovernmental entity designated by
the Secretary of State for purposes of
such referrals; and
``(II) determined by such official
to be a female who has--
``(aa) a credible fear of
harm related to her sex; and
``(bb) a lack of adequate
protection from such harm.''.
(b) Statutory Construction.--Section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101) is amended by adding at the end the
following:
``(j)(1) No natural parent or prior adoptive parent of any alien
provided special immigrant status under subsection (a)(27)(N)(i) shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.
``(2)(A) No alien who qualifies for a special immigrant visa under
subsection (a)(27)(N)(ii) may apply for derivative status or petition
for any spouse who is represented by the alien as missing, deceased, or
the source of harm at the time of the alien's application and
admission. The Secretary of Homeland Security may waive this
requirement for an alien who demonstrates that the alien's
representations regarding the spouse were bona fide.
``(B) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) may apply for derivative status or petition for
any sibling under the age of 10 years or children under the age of 10
years of any such alien, if accompanying or following to join the
alien. For purposes of this subparagraph, a determination of age shall
be made using the age of the alien on the date the petition is filed
with the Department of Homeland Security.
``(3) An alien who qualifies for a special immigrant visa under
subsection (a)(27)(N) shall be treated in the same manner as a refugee
solely for purposes of section 412.
``(4) The provisions of paragraphs (4), (5), and (7)(A) of section
212(a) shall not be applicable to any alien seeking admission to the
United States under subsection (a)(27)(N), and the Secretary of
Homeland Security may waive any other provision of such section (other
than paragraph 2(C) or subparagraph (A), (B), (C), or (E) of paragraph
(3) with respect to such an alien for humanitarian purposes, to assure
family unity, or when it is otherwise in the public interest. Any such
waiver by the Secretary of Homeland Security shall be in writing and
shall be granted only on an individual basis following an
investigation. The Secretary of Homeland Security shall provide for the
annual reporting to Congress of the number of waivers granted under
this paragraph in the previous fiscal year and a summary of the reasons
for granting such waivers.
``(5) For purposes of subsection (a)(27)(N)(i)(II), a determination
of age shall be made using the age of the alien on the date on which
the alien was referred to the consular, immigration, or other
designated official.
``(6) The Secretary of Homeland Security shall waive any
application fee for a special immigrant visa for an alien described in
section 101(a)(27)(N).''.
(c) Allocation of Special Immigrant Visas.--Section 203(b)(4) of
the Immigration Nationality Act (8 U.S.C. 1153(b)(4)) is amended by
striking ``(A) or (B) thereof'' and inserting ``(A), (B), or (N)
thereof''.
(d) Expedited Process.--Not later than 45 days from the date of
referral to a consular, immigration, or other designated official as
described in section 101(a)(27)(N) of the Immigration and Nationality
Act, as added by subsection (a), special immigrant status shall be
adjudicated and, if granted, the alien shall be paroled to the United
States pursuant to section 212(d)(5) of that Act (8 U.S.C. 1182(d)(5))
and allowed to apply for adjustment of status to permanent residence
under section 245 of that Act (8 U.S.C. 1255) within 1 year of the
alien's arrival in the United States.
(e) Report to Congress.--Not later than 1 year after the date of
enactment of this section, the Secretary of Homeland Security shall
report to the Committees on the Judiciary of the Senate and the House
of Representatives on the progress of the program, including--
(1) data related to the implementation of this section;
(2) data regarding the number of placements of females and
children at risk of harm as referred to in section
101(a)(27)(N) of the Immigration and Nationality Act, as added
by subsection (a); and
(3) any other appropriate information that the Secretary of
Homeland Security determines to be appropriate.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section. | Widows and Orphans Act of 2003 - Amends the Immigration and Nationality Act to establish a special immigrant category (N Visa) for certain orphans and women at risk of harm. | {"src": "billsum_train", "title": "A bill to establish new special immigrant categories."} | 1,542 | 47 | 0.446675 | 1.081939 | 0.984045 | 3.393939 | 41.030303 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fracturing Regulations are Effective
in State Hands Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydraulic fracturing is a commercially viable practice
that has been used in the United States for more than 60 years
in more than 1,000,000 wells;
(2) the Ground Water Protection Council, a national
association of State water regulators that is considered to be
a leading groundwater protection organization in the United
States, released a report entitled ``State Oil and Natural Gas
Regulations Designed to Protect Water Resources'' and dated May
2009 finding that the ``current State regulation of oil and gas
activities is environmentally proactive and preventive'';
(3) that report also concluded that ``[a]ll oil and gas
producing States have regulations which are designed to provide
protection for water resources'';
(4) a 2004 study by the Environmental Protection Agency,
entitled ``Evaluation of Impacts to Underground Sources of
Drinking Water by Hydraulic Fracturing of Coalbed Methane
Reservoirs'', found no evidence of drinking water wells
contaminated by fracture fluid from the fracked formation;
(5) a 2009 report by the Ground Water Protection Council,
entitled ``State Oil and Natural Gas Regulations Designed to
Protect Water Resources'', found a ``lack of evidence'' that
hydraulic fracturing conducted in both deep and shallow
formations presents a risk of endangerment to ground water;
(6) a January 2009 resolution by the Interstate Oil and Gas
Compact Commission stated ``The states, who regulate
production, have comprehensive laws and regulations to ensure
operations are safe and to protect drinking water. States have
found no verified cases of groundwater contamination associated
with hydraulic fracturing.'';
(7) on May 24, 2011, before the Oversight and Government
Reform Committee of the House of Representatives, Lisa Jackson,
the Administrator of the Environmental Protection Agency,
testified that she was ``not aware of any proven case where the
fracking process itself has affected water'';
(8) in 2011, Bureau of Land Management Director Bob Abbey
stated, ``We have not seen evidence of any adverse effect as a
result of the use of the chemicals that are part of that
fracking technology.'';
(9)(A) activities relating to hydraulic fracturing (such as
surface discharges, wastewater disposal, and air emissions) are
already regulated at the Federal level under a variety of
environmental statutes, including portions of--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.); and
(iii) the Clean Air Act (42 U.S.C. 7401 et
seq.); but
(B) Congress has continually elected not to include the
hydraulic fracturing process in the underground injection
control program under the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(10) in 2011, the Secretary of the Interior announced the
intention to promulgate new Federal regulations governing
hydraulic fracturing on Federal land; and
(11) a February 2012 study by the Energy Institute at the
University of Texas at Austin, entitled ``Fact-Based Regulation
for Environmental Protection in Shale Gas Development'', found
that ``[n]o evidence of chemicals from hydraulic fracturing
fluid has been found in aquifers as a result of fracturing
operations''.
SEC. 3. DEFINITION OF FEDERAL LAND.
In this Act, the term ``Federal land'' means--
(1) public lands (as defined in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702));
(2) National Forest System land;
(3) land under the jurisdiction of the Bureau of
Reclamation; and
(4) land under the jurisdiction of the Corps of Engineers.
SEC. 4. STATE AUTHORITY.
(a) In General.--A State shall have the sole authority to
promulgate or enforce any regulation, guidance, or permit requirement
regarding the underground injection of fluids or propping agents
pursuant to the hydraulic fracturing process, or any component of that
process, relating to oil, gas, or geothermal production activities on
or under any land within the boundaries of the State.
(b) Federal Land.--The underground injection of fluids or propping
agents pursuant to the hydraulic fracturing process, or any components
of that process, relating to oil, gas, or geothermal production
activities on Federal land shall be subject to the law of the State in
which the land is located. | Fracturing Regulations are Effective in State Hands Act - Grants any state sole authority to promulgate or enforce any regulation, guidance, or permit requirement with regard to the underground injection of fluids or propping agents pursuant to the hydraulic fracturing process, or any component of such process, relating to oil, gas, or geothermal production activities on or under land within the boundaries of that state.
Makes the underground injection of fluids or propping agents pursuant to such process, or any components of such process, relating to oil, gas, or geothermal production activities on federal land subject to the law of the state in which that land is located. | {"src": "billsum_train", "title": "To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State."} | 1,060 | 145 | 0.488674 | 1.415856 | 0.684337 | 7.404959 | 7.768595 | 0.975207 |
That section 315(a) of
the Communications Act of 1934 (47 U.S.C. 315) is amended to read as
follows:
``(a) Allowance of Television Broadcast Time for certain
Candidates; Censorship Prohibition.--Each licensee operating a
television broadcasting station shall make available without charge to
any legally qualified candidate in the general election for the office
of United States Senator an amount of broadcast time, determined by the
Commission under subsection (d), for use in his or her campaign for
election, subject to the conditions and limitations of subsection (e).
No licensee shall have power of censorship over the material broadcast
under the provisions of this section.
``(b) Equal Opportunities Requirement; Censorship Prohibition;
Allowance of Station Use.--Except in those circumstances to which
subsection (a) applies, if any licensee shall permit any person who is
a legally qualified candidate for any public office to use a
broadcasting station, he or she shall afford equal opportunities to all
other such candidates for the office in the use of such broadcasting
station: Provided, That such licensee shall have no power of censorship
over the material broadcast under the provisions of this section. No
obligation is imposed under this subsection upon any licensee to allow
the use of its station by any such candidate.
``(c) News Appearances Exception; Public Interest; Public Issues
Discussion Opportunities.--Appearance by a legally qualified candidate
on any--
``(1) bona fide newscast;
``(2) bona fide news interview;
``(3) bona fide news documentary (if the appearance of the
candidate is incidental to the presentation of the subject or
subjects covered by the news documentary); or
``(4) on-the-spot coverage of bona fide events (including
but not limited to political conventions and activities
incidental thereto);
shall not be deemed to be use of a broadcasting station within the
meaning of subsections (a) or (b). Nothing in the foregoing sentence
shall be construed as relieving broadcasters, in connection with the
presentation of newscast, news interviews, new documentaries, and on-
the-spot coverage of news events, from the obligation imposed upon them
under this chapter to operate in the public interest and to afford
reasonable opportunity for the discussion of conflicting views on
issues of public importance.
``(d) Rules and Regulations Regarding Allowance of Television
Broadcast Time for Certain Candidates.--The Commission shall, after
consultation with the Federal Election Commission, determine the amount
of television broadcast time that legally qualified major-party
candidates for a Senate office may receive under subsection (a) on the
basis of the amount of television broadcast time used by major-party
candidates in the previous election for the United States Senate,
provided that at a minimum such candidates be provided an amount of
television broadcast time necessary to make a complete presentation of
views to the electorate in the pending election. The amount of
television broadcast time that each candidate is eligible to receive
and the amount of such time that each licensee must make available to
each eligible candidate by name shall be published prior to each Senate
election in the Federal Register by the Commission on a date
established by regulation. The broadcast time made available under
subsection (a) shall be made available during the forty-five-day period
preceding the general election for such office. The Commission shall
ensure that the television broadcast time made available under
subsection (a) shall be made available fairly and equitably, through
licensees commonly used by candidates seeking the particular United
States Senate office, and at hours of the day which reflect television
viewing habits and contemporaneous campaign practices. A legally
qualified candidate of a party other than a party which obtained 5
percent or more of the popular vote in the last presidential election
shall, by regulation of the Commission, be granted an allocation of
broadcast time in proportion to the amount of contributions under $250
such a candidate has received when compared to such contributions
received by candidates of the major parties, provided that such
proportion exceeds 5 percent. The Commission shall require licensees
operating television broadcasting stations to enter into a pooling
agreement to ameliorate any disproportionate financial impact on
particular licensees. For purposes of this subsection, a major party is
a party which obtained more than 5 percent of the popular vote in the
previous presidential election.
``(e) Conditions and Limitations.--The entitlement of any legally
qualified candidate to television broadcast time under subsection (a)
is conditional upon (1) signing an agreement to forgo both the purchase
of any additional amount of television broadcast time, and the
acceptance of any additional amount of television broadcast time
purchased by another, during the period that such time is made
available with respect to such candidacy pursuant to subsection (a) and
the Commission's regulations, and (2) filing a copy of such agreement
with the Commission.
``(f) Penalties and Remedies.--Any candidate who purchases or
accepts purchased television broadcast time in violation of such
agreement shall be subject, upon conviction, to imprisonment of up to
one year or a fine of up to $10,000, or both. Any licensee who sells
television broadcast time to a candidate, who has filed an agreement,
in excess of the time to be provided by such licensee to such candidate
pursuant to subsection (a) and the Commission's regulations shall be
subject to appropriate disciplinary action by the Commission, including
(1) an order requiring the licensee to provide an equal amount of time
to other candidates for the same office, or (2) an order revoking the
licensee's license.''.
Sec. 2. Section 315 of the Communications Act of 1934 is further
amended as follows: (1) in subsection (b) by striking the phrase ``The
charges'' and inserting in lieu thereof ``Except to the extent that the
provisions of subsection (a) apply, the charges''; (2) by redesignating
subsections (b), (c), and (d) as (f), (g), and (h) respectively; and
(3) by adding ``generally'' after ``Rules and regulations'' in
redesignated subsection (h).
Sec. 3. Subsection (a)(7) of section 312 of the Communications Act
of 1934, as amended, is amended to read as follows: ``(7) for willful
or repeated failure to comply with the provisions of section 315 of
this title.''
Sec. 4. Subsection (8) of section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431), as amended, relating to exclusions
from the definition of contributions, is amended as follows: (1) at the
end of paragraph (B)(xiii) by striking the semicolon; (2) at the end of
paragraph (B)(xiv) by striking the period and inserting ``; and'' in
lieu thereof; and (3) at the end of paragraph (B) by adding the
following: ``(xv) the value of any television broadcast time provided
without charge by a licensee pursuant to section 315(a) of the
Communications Act of 1934, as amended.''
Sec. 5. Subsection (9) of section 301 of the Federal Election
Campaign Act of 1971, as amended, relating to exclusions from the
definition of expenditures, is amended as follows: (1) by inserting
after paragraph (B)(i) the following: ``(ii) the provision without
charge of any television broadcast time by a licensee pursuant to
section 315(a) of the Communications Act of 1934, as amended;'' and (2)
by redesignating subsequent subparagraphs accordingly.
Sec. 6. The Federal Communications Commission shall study the
application of section 315(a) of the Communications Act of 1934, as
amended by this Act, to the first general election campaign conducted
under the provisions of that section and shall report the results of
that study, together with recommendations, including recommendations
for legislation, not later than the first day of March following such
general election. The study shall also evaluate the desirability and
feasibility of extending the provisions of section 315(a) of the
Communications Act of 1934 to primary and other election campaigns.
Sec. 7. The Federal Communications Commission shall promulgate
rules and regulations to implement this Act no later than one hundred
and eighty days after the date of enactment of this Act. Sections 1 and
2 of this Act shall not take effect until the first day of July
following the promulgation of such rules and regulations. | Amends the Communications Act of 1934 to require each licensee operating a television (TV) broadcasting station to make available without charge to any legally qualified candidate for the Senate an amount of broadcast time as determined by the Federal Communications Commission (FCC) during the 45-day period preceding such election.
Directs the FCC to: (1) determine the amount of TV broadcast time that such candidates may receive on the basis of the amount of broadcast time used by major party candidates in the previous Senate election, provided that at a minimum such candidates be provided sufficient time to make a complete presentation of views; and (2) ensure that such TV broadcast time be made available fairly and equitably and at hours of the day which reflect TV viewing habits and contemporaneous campaign practices.
Requires that a legally qualified candidate of a party other than a party which obtained five percent or more of the popular vote in the last presidential election be granted an allocation of broadcast time in proportion to the amount of contributions under $250 such candidate has received when compared to such contributions received by candidates of the major parties, provided such proportion exceeds five percent. Directs the FCC to require licensees operating TV broadcasting stations to enter into a pooling agreement to ameliorate any disproportionate financial impact on particular licensees.
Conditions the entitlement to TV broadcast time under this Act upon the candidate's: (1) signing an agreement to forego both the purchase of any additional amount of broadcast time and any additional time purchased by another candidate during the period that such time is made available; and (2) filing a copy of such agreement with the FCC.
Sets forth penalties for any candidate who purchases or accepts purchased TV broadcast time in violation of such agreement. Subjects licensees to appropriate disciplinary action by the FCC.
Amends the Federal Election Campaign Act of 1971 to exclude from the definitions of "contributions" and "expenditures" the value of TV broadcast time provided without charge by a licensee pursuant to the Communications Act of 1934.
Directs the FCC to study the provision of free TV broadcast time to Senate candidates and evaluate the feasibility of extending such provision to primary and other election campaigns. | {"src": "billsum_train", "title": "A bill to provide television broadcast time without charge to Senate candidates, and for other purposes."} | 1,825 | 461 | 0.536919 | 1.846992 | 0.742532 | 4.361244 | 4.174641 | 0.911483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korea Sanctions and Diplomatic
Nonrecognition Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) North Korean negotiators in the Six-Party diplomatic
process did not act in good faith by their refusal to agree to
a transparent verification process for denuclearization
consistent with ``international standards'', including
provisions for nuclear sampling, following North Korea's
removal on October 11, 2008, from the list of state sponsors of
terrorism maintained by the Department of State.
(2) International press reports indicate that North Korea
has continued to provide support to Iran in the areas of
missile technology and nuclear development and has provided
Iran's surrogates, Hezbollah and Hamas, with both missile
technology and training in tunneling techniques with which to
attack Israel, an ally of the United States.
(3) International press reports indicate that North Korea
was engaged for a number of years in assistance to Syria in the
construction of a nuclear reactor in the Syrian desert which
was destroyed in a strike by Israeli forces on September 6,
2007.
(4) North Korean negotiators continue to refuse to address
in a humane and sincere manner the issue of the abduction of
civilians of Japan and the Republic of Korea, both allies of
the United States, as well as the abductions of citizens from a
number of other countries, including France, Lebanon, Romania,
and Thailand.
(5) Defectors coming out of North Korea have provided
testimony that United States permanent resident, Reverend Kim
Dong-shik, the spouse and father of United States citizens, was
tortured and murdered inside North Korea after his abduction by
Pyongyang's agents on the Chinese border in January 2000 and
that his remains are currently being held at a military
facility inside North Korea.
(6) Congress authoritatively expressed its view, in section
202(b)(2) of the North Korean Human Rights Act of 2004 (Public
Law 108-333; 22 U.S.C. 7832(b)(2)) that ``United States
nonhumanitarian assistance to North Korea shall be contingent
on North Korea's substantial progress'' on human rights
improvements, release of and accounting for abductees, family
reunification, reform of North Korea's labor camp system, and
the decriminalization of political expression, none of which
has occurred.
(7) Congress further authoritatively expressed its view, in
section 2 of the North Korean Human Rights Reauthorization Act
of 2008 (Public Law 110-346) that ``human rights and
humanitarian conditions inside North Korea are deplorable'' and
that ``North Korean refugees remain acutely vulnerable''.
(8) Congress has determined that any missile test or launch
conducted by North Korea would be in direct violation of United
Nations Security Council resolution 1695, adopted on July 16,
2006, which ``condemns the multiple launches by the DPRK (North
Korea) of ballistic missiles on July 5 2006 local time'', and
United Nations Security Council resolution 1718, adopted on
October 9, 2006, which ``demands that the DPRK (North Korea)
not conduct any further nuclear test or launch of a ballistic
missile'' and ``decides that the DPRK shall suspend all
activities related to its ballistic missile programme and in
this context re-establish its pre-existing commitments to a
moratorium on missile launching'', and further determines that
the resulting sanctions imposed under such resolution 1718
would again come into full effect following a missile test or
launch.
(9) Congress has further determined that a return by North
Korea to the Six-Party diplomatic process following any missile
test or launch by Pyongyang must include a firm and transparent
commitment to the complete, verifiable and irreversible
dismantlement of all of North Korea's nuclear programs,
including those derived both from plutonium as well as highly
enriched uranium.
(10) Japanese press reports have indicated that a
delegation of approximately fifteen Iranian missile experts
have arrived in North Korea in March 2009 ``to help Pyongyang
prepare for a rocket launch'', including senior officials with
the Iranian rocket and satellite producer Shahid Hemmat
Industrial Group, and that they brought with them a letter from
their President Mahmoud Ahmadinejad to North Korean leader Kim
Jong-Il stressing the importance of cooperating on space
technology.
SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH
KOREA.
Notwithstanding the decision by the Secretary of State on October
11, 2008, to rescind the designation of North Korea as a state sponsor
of terrorism, restrictions against the Government of North Korea that
were imposed by reason of a determination of the Secretary of State
that the Government of North Korea, for purposes of section 6(j) of the
Export Administration Act of 1979 (as continued in effect pursuant to
the International Emergency Economic Powers Act), section 40 of the
Arms Export Control Act, section 620A of the Foreign Assistance Act of
1961, or other provision of law, is a government that has repeatedly
provided support for acts of international terrorism, shall remain in
effect, and shall not be lifted pursuant to such provisions of law,
unless the President certifies to Congress that the Government of North
Korea--
(1) is no longer engaged in the illegal transfer of missile
or nuclear technology, particularly to the governments of Iran,
Syria, or any other country, the government of which the
Secretary of State has determined for purposes of section 6(j)
of the Export Administration Act of 1979 (as continued in
effect pursuant to the International Emergency Economic Powers
Act), section 40 of the Arms Export Control Act, section 620A
of the Foreign Assistance Act of 1961, or other provision of
law, is a government that has repeatedly provided support for
international acts of terrorism;
(2) is no longer engaged in training in combat operations
or tunneling, or harboring, supplying, financing, or supporting
in any way--
(A) Hamas, Hezbollah, the Japanese Red Army, or any
member of such organizations;
(B) any organization designated by the Secretary of
State as a foreign terrorist organization in accordance
with section 219(a) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)); and
(C) any person included on the annex to Executive
Order 13224 (September 21, 2001) and any other person
identified under section 1 of that Executive Order
whose property and interests are blocked by that
section (commonly known as a ``specially designated
global terrorist'');
(3) is no longer engaged in the counterfeiting of United
States currency ``supernotes'';
(4) is no longer engaged in the international trafficking
of illicit narcotics into the United States, Japan, Australia,
or other allied countries of the United States;
(5) has released United States citizens Euna Lee and Laura
Ling, who were working as journalists reporting on refugees on
the North Korean border of China when they were detained by
North Korean guards on March 17, 2009, and has returned the
last remains of United States permanent resident, Reverend Kim
Dong-shik, to his United States citizen widow, family, and
church members, so that he may be provided with a proper
Christian burial in Chicago;
(6) has released the Japanese nationals recognized as
abduction victims by the Government of Japan as well as
abduction victims recognized by the Government of the Republic
of Korea;
(7) has released an estimated 600 surviving South Korean
POWs, and any other surviving POWs from the Korean War, who
have been held in North Korea against their will and in
violation of the Armistice Agreement since hostilities ended in
July, 1953;
(8) has made concrete provisions for unrestricted family
reunification meetings for those individuals among the two-
million strong Korean-American community who maintain family
ties with relatives inside North Korea;
(9) has opened the North Korean penal system, including the
gulag of concentration camps holding an estimated 200,000
political and religious prisoners, to unrestricted and regular
visits by representatives of the International Committee of the
Red Cross (ICRC);
(10) has made provision for unrestricted and regular access
by representatives of the United National High Commissioner for
Refugees to refugees forcibly repatriated to North Korea to
determine their general health and welfare; and
(11) has made concrete provisions for unrestricted contact,
including direct communications and meetings, between
representatives of international and South Korean religious
organizations, including Christians and Buddhists, and their
co-believers inside North Korea.
SEC. 4. CONTINUATION OF DIPLOMATIC NONRECOGNITION OF NORTH KOREA.
(a) Finding.--Congress finds that the United States did not grant
diplomatic recognition to North Korea upon its establishment as a
client regime of the former Soviet Union in 1948. The United States has
consistently continued to withhold such formal diplomatic recognition
during the 59 years since the sudden and unprovoked attack by North
Korean forces on the Republic of Korea on June 25, 1950, an attack
which led directly to the Korean War and the deaths of over 36,000
United States military personnel as well as at least 2,000,000 Koreans
and over 3,000 soldiers from Allied countries.
(b) Continuation of Diplomatic Nonrecognition.--The diplomatic
nonrecognition described in subsection (a), including restrictions on
the establishment of a permanent presence or United States liaison
office inside North Korea, shall remain in effect, until such time as
the President certifies to Congress that the Government of North Korea
has met all of the benchmarks specified in section 3.
SEC. 5. INTERNATIONAL RESPONSE TO A NORTH KOREAN MISSILE LAUNCH.
In the case of the launch of a missile, rocket, or other airborne
object by North Korea in clear violation of United Nations Security
Council resolutions 1695 and 1718, the President shall instruct the
United States Permanent Representative to the United Nations to use the
voice, vote, and influence of the United States to secure adoption of a
United Nations Security Counsel resolution condemning North Korea's
action as a violation of United Nations Security Council resolutions
1695 and 1718 and requiring the implementation of comprehensive
sanctions against North Korea. | North Korea Sanctions and Diplomatic Nonrecognition Act of 2009 - Continues diplomatic, economic, and military sanctions against the government of North Korea as a supporter of international terrorism until the President certifies to Congress that North Korea: (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to Iran and Syria; (2) is not assisting foreign terrorist organizations, engaged in counterfeiting U.S. currency, or engaged in illicit narcotics traffic; (3) has released specified U.S. citizens, Japanese nationals, and surviving Korean War prisoners of war; (4) has undertaken specified family reunification actions; and (5) has undertaken specified penal reforms.
Continues diplomatic nonrecognition of North Korea until such benchmarks have been met.
Directs the President, in the case of a North Korean missile or rocket launch in violation of U.N. Security Council Resolutions 1695 and 1718, to instruct the U.S. Permanent Representative to the United Nations to use U.S. influence to secure adoption of a Security Council resolution condemning North Korea's action and requiring implementation of comprehensive sanctions against North Korea. | {"src": "billsum_train", "title": "To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for other purposes."} | 2,255 | 250 | 0.567278 | 1.799404 | 0.748402 | 3.563725 | 10.102941 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Incentive Act of
1993''.
SEC. 2. EXEMPTED SECURITIES.
Section 3(b) of the Securities Act of 1933 (15 U.S.C. 77c(b)) is
amended by striking ``$5,000,000'' and inserting ``$10,000,000''.
SEC. 3. EXCLUSIONS FROM THE DEFINITION OF INVESTMENT COMPANY.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
(1) in paragraph (1), by inserting after the first sentence
the following new sentence: ``Such issuer shall be deemed to be
an investment company for purposes of the limitations set forth
in subparagraphs (A)(i) and (B)(i) of section 12(d)(1)
governing the purchase or other acquisition by such issuer of
any security issued by a registered investment company and the
sale of any security issued by a registered open-end investment
company to any such issuer.'';
(2) in paragraph (1)(A)--
(A) by inserting after ``issuer'' the first place
it appears ``and the company is or (but for the
exceptions set forth in this paragraph and paragraph
(7)) would be an investment company''; and
(B) by striking ``unless as of the date'' and all
that follows through the end of subparagraph (A) and
inserting a period; and
(3) by amending paragraph (7) to read as follows:
``(7) Any issuer whose outstanding securities are owned
exclusively by persons who, at the time of acquisition of such
securities, are qualified purchasers, except that such issuer
shall be deemed to be an investment company for purposes of the
limitations set forth in subparagraphs (A)(i) and (B)(i) of
section 12(d)(1) governing the purchase or other acquisition by
such issuer of any security issued by a registered investment
company and the sale of any security issued by a registered
open-end investment company to any such issuer.''.
SEC. 4. DEFINITION OF QUALIFIED PURCHASER.
Section 2(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
2(a)) is amended by adding at the end the following new paragraph:
``(51) `Qualified purchaser' means--
``(A) any natural person who owns at least
$10,000,000 in securities of issuers, each of which is
not an affiliated person, as defined in section
2(a)(3)(C), of such person;
``(B) any person, acting for its own account or the
accounts of other qualified purchasers, who in the
aggregate owns and invests on a discretionary basis,
not less than $100,000,000 in securities of issuers,
each of which is not an affiliated person, as defined
in section 2(a)(3)(C), of such person; or
``(C) any person, who may own or invest a lesser
amount in securities than specified in subparagraphs
(A) and (B), that the Commission, by rule or
regulation, has determined does not need the
protections of this title, after consideration of
factors such as--
``(i) a high degree of financial
sophistication, including extensive knowledge
of and experience in financial matters;
``(ii) sizable net worth;
``(iii) a substantial amount of assets
owned or under management;
``(iv) relationship with an issuer; or
``(v) such other factors as the Commission
may determine to be consistent with the purpose
of this paragraph.
The Commission also may adopt such rules and regulations
governing the persons specified in subparagraphs (A) and (B) as
it determines are necessary or appropriate in the public
interest and for the protection of investors.''.
SEC. 5. DEFINITION OF INVESTMENT SECURITIES.
Section 3(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(a)) is amended in the last sentence by striking subparagraph (C) and
inserting the following: ``(C) securities issued by any majority-owned
subsidiary of the owner, unless such subsidiary is an investment
company or is excluded from the definition of an investment company
solely by virtue of paragraph (1) or (7) of subsection (c).''.
SEC. 6. EXEMPTION FOR ECONOMIC, BUSINESS, AND INDUSTRIAL DEVELOPMENT
COMPANIES.
Section 6(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
6(a)) is amended by adding at the end the following new paragraph:
``(5)(A) Any company that is not engaged in the business of
issuing redeemable securities, the operations of which are
subject to regulation by the State in which the company is
organized under a statute governing entities that provide
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State if--
``(i) the organizational documents of the company
state that the activities of the company are limited to
the promotion of economic, business, or industrial
development in the State through the provision of
financial or managerial assistance to enterprises doing
business, or proposing to do business, in that State,
and such other activities that are incidental or
necessary to carry out that purpose;
``(ii) immediately following each sale of the
securities of the company by the company or any
underwriter for the company, not less than 80 percent
of the securities of the company being offered in such
sale, on a class-by-class basis, are held by persons
who reside or have a substantial business presence in
that State;
``(iii) the securities of the company are sold, or
proposed to be sold, by the company or any underwriter
for the company, solely to accredited investors, as
defined in section 2(15) of the Securities Act of 1933,
or to such other persons that the Commission, as
necessary or appropriate in the public interest and
consistent with the protection of investors, may permit
by rule, regulation, or order; and
``(iv) the company does not purchase any security
issued by an investment company, as defined in section
3, or by any company that would be an investment
company except for the exclusions from the definition
of investment company in section 3(c), other than--
``(I) any security that is rated investment
grade by at least 1 nationally recognized
statistical rating organization; or
``(II) any security issued by a registered
open-end investment company that is required by
its investment policies to invest not less than
65 percent of its total assets in securities
described in subclause (I) or securities that
are determined by such registered open-end
investment company to be comparable in quality
to securities described in subclause (I).
``(B) Notwithstanding the exemption provided by this
paragraph, the provisions of section 9 (and, to the extent
necessary to enforce such provisions, sections 38 through 51)
of this title shall apply to a company described in this
paragraph as if the company were an investment company
registered under this title.
``(C) Any company proposing to rely on the exemption
provided by this paragraph shall file with the Commission a
notification stating that the company intends to do so, in such
form and manner as the Commission may prescribe by rule.
``(D) Any company meeting the requirements of this
paragraph may rely on the exemption provided by this paragraph
upon filing with the Commission the notification required by
subparagraph (C), until such time as the Commission determines
by order that such reliance is not in the public interest or
consistent with the protection of investors.
``(E) The exemption provided by this paragraph may be
subject to such additional terms and conditions as the
Commission may by rule, regulation, or order determine are
necessary or appropriate in the public interest or for the
protection of investors.''.
SEC. 7. INTRASTATE CLOSED-END INVESTMENT COMPANY EXEMPTION.
Section 6(d)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-6(d)(1)) is amended by striking ``$100,000'' and inserting
``$10,000,000, or such other amount as the Commission may set by rule,
regulation, or order''.
SEC. 8. DEFINITION OF ELIGIBLE PORTFOLIO COMPANY.
Section 2(a)(46)(C) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(46)(C)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
``(iii) it has total assets of not more
than $4,000,000, and capital and surplus
(shareholders' equity less retained earnings)
of not more than $2,000,000, except that the
Commission may adjust such amounts by rule,
regulation, or order to reflect changes in 1 or
more generally accepted indices or other
indicators for small businesses; or''.
SEC. 9. DEFINITION OF BUSINESS DEVELOPMENT COMPANY.
Section 2(a)(48)(B) of the Investment Company Act of 1940 (15
U.S.C. 80a-2(a)(48)(B)) is amended by inserting before the semicolon at
the end the following: ``, and provided further that a business
development company need not make available significant managerial
assistance with respect to any company described in section
2(a)(46)(C)(iii), or with respect to any other company that meets such
criteria as the Commission may by rule, regulation, or order permit, as
consistent with the public interest, the protection of investors, and
the purposes fairly intended by the policy and provisions of this
title''.
SEC. 10. ACQUISITION OF ASSETS BY BUSINESS DEVELOPMENT COMPANIES.
Section 55(a)(1)(A) of the Investment Company Act of 1940 (15
U.S.C. 80a-54(a)(1)(A)) is amended--
(1) by striking ``or from any person'' and inserting ``from
any person''; and
(2) by inserting before the semicolon ``, or from any other
person, subject to such rules and regulations as the Commission
may prescribe as necessary or appropriate in the public
interest or for the protection of investors''.
SEC. 11. CAPITAL STRUCTURE AMENDMENTS.
Section 61(a) of the Investment Company Act of 1940 (15 U.S.C. 80a-
60(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1)(A) The asset coverage requirements of subparagraphs
(A) and (B) of section 18(a)(1) applicable to business
development companies shall be 200 percent.
``(B) Notwithstanding subparagraph (A) of this section or
subparagraphs (A) and (B) of section 18(a)(2), a business
development company may have an asset coverage of not less than
110 percent, if, immediately before the issuance or sale of
senior securities, the business development company has--
``(i) total interest and dividend income for the 12
months preceding such issuance or sale that exceeds 120
percent of the sum of its total expenses (including
taxes and interest expenses accrued) and dividends
declared on senior securities for that 12-month period;
and
``(ii) either--
``(I) an average of not less than 50
percent of its assets invested in securities
described in paragraphs (1) through (5) of
section 55(a) throughout the preceding 12-month
period; or
``(II) not less than 50 percent of its
assets invested in securities described in
paragraphs (1) through (5) of section 55(a)
throughout 10 months of the preceding 12-month
period.
``(C) It shall be unlawful for any business development
company to issue any class of senior security representing
indebtedness, or to sell any such security pursuant to
subparagraph (B), unless provision is made to prohibit the
declaration of any dividend (except a dividend payable in stock
of the issuer), or the declaration of any other distribution
upon any class of the capital stock of such business
development company, or the purchase of any such capital stock,
unless, in every such case--
``(i) the class of senior securities has, at the
time of the declaration of any such dividend or
distribution or at the time of any such purchase, an
asset coverage of not less than 110 percent after
deducting the amount of such dividend, distribution, or
purchase price, as the case may be; and
``(ii) the business development company complies
with subparagraph (B)(i), except with respect to any
amounts that are required to be distributed to maintain
the status of the company as a regulated investment
company under the Internal Revenue Code of 1986.
``(D) It shall be unlawful for any business development
company to issue any class of senior security representing
stock, or to sell any such security pursuant to subparagraph
(B), unless provision is made to prohibit the declaration of
any dividend (except a dividend payable in common stock of the
issuer), or the declaration of any other distribution, upon the
common stock of such business development company, or the
purchase of any such common stock, unless, in every such case--
``(i) the class of senior securities has, at the
time of the declaration of any such dividend or
distribution or at the time of any such purchase an
asset coverage of not less than 110 percent after
deducting the amount of such dividend, distribution, or
purchase price, as the case may be; and
``(ii) the business development company complies
with subparagraph (B)(i), except with respect to any
amounts that are required to be distributed to maintain
the status of the company as a regulated investment
company under the Internal Revenue Code of 1986.'';
(2) in paragraph (2), by striking ``if such business
development company'' and all that follows through the end of
paragraph (2) and inserting a period;
(3) in paragraph (3)(A)--
(A) by striking ``senior securities representing
indebtedness accompanied by'';
(B) inserting ``accompanied by securities,'' after
``of such company,''; and
(C) in clause (ii), by striking ``senior''; and
(4) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end of clause (iv) and inserting ``; and''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) a business development company may issue
warrants, options, or rights to subscribe to, convert
to, or purchase voting securities not accompanied by
securities, if--
``(i) such warrants, options, or rights
satisfy the conditions in clauses (i) and (iii)
of subparagraph (A); and
``(ii) the proposal to issue such warrants,
options, or rights is authorized by the
shareholders or partners of such business
development company, and such issuance is
approved by the required majority (as defined
in section 57(o)) of the directors of or
general partners in such company on the basis
that such issuance is in the best interests of
the company and its shareholders or
partners.''.
SEC. 12. FILING OF WRITTEN STATEMENTS.
Section 64(b)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-63(b)(1)) is amended by inserting ``and capital structure'' after
``portfolio''.
Passed the Senate November 2, 1993.
Attest:
WALTER J. STEWART,
Secretary.
S 479 ES----2
S 479 ES----3
S 479 ES----4
S 479 ES----5 | Small Business Incentive Act of 1993 - Amends the Securities Act of 1933 to increase from $5 million to $10 million the size of small business offerings that are exempt from the registration requirements of the Act.
Amends the Investment Company Act of 1940 to exclude from its definition of "investment company" any issuer all of whose securities are held by certain investors whom the Securities and Exchange Commission (SEC) has determined are "qualified purchasers" who possess such financial sophistication, net worth, and other specified factors as not to need the protections of such Act. Empowers the SEC to define such "qualified purchasers."
Sets forth conditions under which certain economic, business, and industrial development companies that are already subject to regulation by the State in which they are organized are exempt from the regulatory constraints of such Act.
Increases to $10 million the maximum aggregate amount of proceeds that certain interstate closed-end investment companies may receive from the sale of their outstanding securities and still retain their exempt status under such Act.
Expands the definition of "eligible portfolio company" to include any company which does not have total assets in excess of $4 million and capital and surpluses in excess of $2 million.
Declares that a "business development company" is not required to make available significant managerial assistance with respect to any eligible portfolio company or any other company that meets certain SEC criteria.
Permits a business development company to: (1) acquire the securities of an eligible portfolio company from persons other than such portfolio company itself; (2) issue multiple classes of debt without restriction; and (3) issue warrants, options, or rights to subscribe or convert to or purchase voting securities either alone or accompanied by debt or equity securities.
Provides conditions under which a business development company may:
(1) have a minimum asset coverage of 110 percent; and (2) issue or sell any class of senior security representing indebtedness.
Requires a business development company to file with the SEC a written evaluation of the risk factors involved in investment due to the nature of the company's capital structure. | {"src": "billsum_train", "title": "Small Business Incentive Act of 1993"} | 3,595 | 436 | 0.51833 | 1.701494 | 0.695129 | 2.158537 | 8.009756 | 0.817073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stored Value Device Registration and
Reporting Act of 2010''.
SEC. 2. DEFINITIONS.
(a) Definition of Financial Institution.--Paragraph (2) of section
5312(a) of title 31, United States Code is amended--
(1) by redesignating subparagraphs (Y) and (Z) as
subparagraphs (Z) and (AA), respectively; and
(2) by inserting after subparagraph (X) the following new
subparagraph:
``(Y) a person engaged in the business of--
``(i) issuing stored value devices; or
``(ii) processing transactions related to a
stored value device, including accessing
information pertaining to the funds stored on
such device, retrieving the funds stored on
such device, or adding funds to be stored on
such device;''.
(b) Definition of Monetary Instruments.--Subparagraph (B) of
section 5312(a)(3) of title 31, United States Code, is amended by
inserting after ``travelers' checks,'' the following: ``stored value
devices,''.
(c) Stored Value Device Defined.--Subsection (a) of section 5312 of
title 31, United States Code, is amended by adding at the end the
following new paragraphs:
``(7) Stored value device defined.--The term `stored value
device' means a device that--
``(A) stores, or is capable of storing, funds
represented in electronic format (whether or not
specially encrypted) in such a way as to allow such
funds to be retrievable and transferable
electronically;
``(B) is used to obtain money, goods, services, or
any other thing of value, or that can be used to
initiate a transfer of funds (other than a transfer
originated solely by paper instrument); and
``(C) is not a credit card or a debit card, as such
terms are defined by the Secretary of the Treasury.''.
SEC. 3. REGISTRATION OF STORED VALUE DEVICE BUSINESSES.
(a) In General.--Subchapter II of chapter 53 of title 31, United
States Code, is amended by inserting after section 5330 the following
new section:
``Sec. 5330A. Registration of stored value device businesses
``(a) Registration With Secretary of the Treasury Required.--
``(1) In general.--Any person who owns or controls a stored
value device business shall register the business (whether or
not the business is licensed as a stored value device business
in any State) with the Secretary of the Treasury not later than
the end of the 180-day period beginning on the later of--
``(A) the date of the enactment of the Stored Value
Device Registration and Reporting Act of 2010; or
``(B) the date on which the business is
established.
``(2) Form and manner of registration.--Subject to the
requirements of subsection (b), the Secretary of the Treasury
shall prescribe, by regulation, the form and manner for
registering a stored value device business pursuant to
paragraph (1).
``(3) Businesses remain subject to state law.--This section
shall not be construed as superseding any requirement of State
law relating to stored value device businesses operating in
such State.
``(4) False and incomplete information.--The filing of
false or materially incomplete information in connection with
the registration of a stored value device businesses shall be
considered as a failure to comply with the requirements of this
subchapter.
``(b) Contents of Registration.--The registration of a stored value
device business under subsection (a) shall include the following
information:
``(1) The name and location of the business.
``(2) The name and address of each person who--
``(A) owns or controls the business;
``(B) is a director or officer of the business; or
``(C) otherwise participates in the conduct of the
affairs of the business.
``(3) The name and address of any depository institution at
which the business maintains a transaction account (as defined
in section 19(b)(1)(C) of the Federal Reserve Act).
``(4) An estimate of the volume of business in the coming
year (which shall be reported annually to the Secretary).
``(5) Such other information as the Secretary of the
Treasury may require.
``(c) Agents of Stored Value Device Business.--
``(1) Maintenance of lists of agents.--Pursuant to
regulations which the Secretary of the Treasury shall
prescribe, each stored value device business shall--
``(A) maintain a list containing the names and
addresses of all persons authorized to act as an agent
for such business in connection with activities
described in subsection (d)(1) and such other
information about such agents as the Secretary may
require; and
``(B) make the list and other information available
on request to any appropriate law enforcement agency.
``(2) Treatment of agent.--The Secretary of the Treasury
shall prescribe regulations establishing, on the basis of such
criteria as the Secretary determines to be appropriate, a
threshold point for treating an agent of a stored value device
business as a stored value device business for purposes of this
section.
``(d) Stored Value Device Business Defined.--For purposes of this
section, the term `stored value device business' means a person other
than the United States Postal Service who--
``(1) is engaged in the business of--
``(A) issuing stored value devices; or
``(B) processing transactions related to a stored
value device, including accessing information
pertaining to the funds stored on such device,
retrieving the funds stored on such device, or adding
funds to be stored on such device; and
``(2) is not a depository institution (as defined in
section 5313(g)).
``(e) Civil Penalty for Failure To Comply With Registration
Requirements.--
``(1) In general.--Any person who fails to comply with any
requirement of this section or any regulation prescribed under
this section shall be liable to the United States for a civil
penalty of $5,000 for each such violation.
``(2) Continuing violation.--Each day a violation described
in paragraph (1) continues shall constitute a separate
violation for purposes of such paragraph.
``(3) Assessments.--Any penalty imposed under this
subsection shall be assessed and collected by the Secretary of
the Treasury in the manner provided in section 5321 and any
such assessment shall be subject to the provisions of such
section.
``(f) Small Business Exemption.--The Secretary of the Treasury
shall prescribe regulations establishing, on the basis of such criteria
as the Secretary determines to be appropriate, a threshold point under
which small stored value device businesses will not be required to
register under this section.''.
(b) Clerical Amendment.--The table of sections for chapter 53 of
title 31, United States Code, is amended by inserting after the item
relating to section 5330 the following new item:
``5330A. Registration of stored value device businesses.''.
SEC. 4. STORED VALUE DEVICE STUDY.
(a) In General.--The Secretary of the Treasury, in consultation
with the Attorney General, the Secretary of Homeland Security, and the
Director of National Intelligence, shall carry out a study on stored
value devices. Such study shall include--
(1) an analysis of the extent to which stored value devices
are used for the purpose of providing--
(A) payments related to drug trafficking;
(B) payments related to human trafficking; or
(C) financial support to terror cells operating
within the United States;
(2) an analysis of the extent to which stored value devices
issued by foreign entities are being utilized in the United
States, including the typical countries of origin of such
devices and the typical values of such devices when imported
into the United States;
(3) an analysis of the extent to which stored value devices
issued by United States entities are being utilized outside the
United States, including the typical locations where value is
added to such device and where value is typically subtracted
internationally;
(4) an identification of any trends in stored value
addition and subtraction that appear to be associated with drug
trafficking or human trafficking;
(5) a list of stored value device types which are now or
may soon be used for money trafficking;
(6) recommendations on methods to collect data related to
stored value device transactions for purposes of law
enforcement and intelligence analysis in a manner consistent
with the Foreign Intelligence Surveillance Act and privacy
laws; and
(7) an analysis of whether requiring certain information to
be printed, or otherwise made available, on stored value
devices would help customs and law enforcement officers
identify such devices and track the origins of such devices,
where such information could include the name and address of
the device issuer, the maximum value of funds that can be
stored on such device, and the fact that the device is a stored
value device.
(b) Report.--Not later than the end of the 180-day period beginning
on the date of the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Congress containing all findings and
determinations made in carrying out the study required under subsection
(a).
(c) Stored Value Device Defined.--For purposes of this section, the
term ``stored value device'' shall have the meaning given such term
under section 5312(a)(7) of title 31, United States Code. | Stored Value Device Registration and Reporting Act of 2010 - Treats as a financial institution subject to federal regulation any person engaged in the business of issuing stored value devices or processing transactions related to such devices, including accessing information pertaining to the funds stored on a device, retrieving such funds, or adding funds to be stored on the device.
Treats such stored value devices as monetary instruments. Prescribes procedures for mandatory registration of such devices with the Secretary of the Treasury. Subjects to a civil penalty noncompliance with such requirement
Instructs the Secretary to: (1) prescribe regulations establishing a threshold point under which small stored value device businesses are exempt from such registration requirements; and (2) study and report to Congress on specified uses of such devices, including the extent to which they are used to provide payments related to drug trafficking and human trafficking or financial support to terror cells operating within the United States. | {"src": "billsum_train", "title": "To amend section 5316 of title 31, United States Code, to establish a reporting requirement for any stored value device carried out of, into, or through the United States, to establish registration requirements for stored value device businesses, and for other purposes."} | 2,093 | 194 | 0.58729 | 1.615055 | 0.891758 | 3.115607 | 11.508671 | 0.907514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Reform and
Opportunity Act of 2013''.
SEC. 2. AMENDMENTS TO THE HIGHER EDUCATION ACT.
(a) Definition of Institution of Higher Education.--Section 102(a)
of the Higher Education Act of 1965 (20 U.S.C. 1002(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(2) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``Subject to paragraphs (2) through (4)'' and
inserting ``Subject to paragraphs (2) through (5)'';
(3) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) if accredited by an authorized accreditation
authority in a State that has an alternative
accreditation agreement with the Secretary, as
described in paragraph (5)--
``(i) an institution that provides
postsecondary education;
``(ii) a postsecondary apprenticeship
program; or
``(iii) a postsecondary education course or
program provided by an institution of
postsecondary education, a nonprofit
organization, or a for-profit organization or
business;''; and
(4) by inserting after paragraph (4), the following:
``(5) State alternative accreditation.--
``(A) In general.--Notwithstanding any other
provision of law, a State may establish an alternative
accreditation system for the purpose of establishing
institutions that provide postsecondary education and
postsecondary education courses or programs as eligible
for funding under title IV if the State enters into an
agreement with the Secretary for the establishment of
the alternative accreditation system. Such
institutions, courses, or programs may include--
``(i) institutions that provide
postsecondary education;
``(ii) postsecondary apprenticeship
programs;
``(iii) any other postsecondary education
course or program offered at an institution of
postsecondary education, a nonprofit
organization, or a for-profit organization or
business; and
``(iv) any of the entities described in
clauses (i) through (iii) that do not award a
postsecondary certification, credential, or
degree, provided that such entity provides
credit that will apply toward a postsecondary
certification, credential, or degree.
``(B) Alternative accreditation agreement.--The
alternative accreditation agreement described in
subparagraph (A) shall include the following:
``(i) The designation of one or more
authorized accrediting entities within the
State, such as the State Department of
Education, another State agency, an industry-
specific accrediting agency, or another entity,
and an explanation of the process through which
the State will select such authorized
accrediting entities.
``(ii) The standards or criteria that an
institution that provides postsecondary
education and a postsecondary education course
or program must meet in order to--
``(I) receive an initial
accreditation as part of the
alternative accreditation system; and
``(II) maintain such accreditation.
``(iii) A description of the appeals
process through which an institution that
provides postsecondary education and a
postsecondary education course or program may
appeal to an authorized accrediting entity if
such institution, course, or program is denied
accreditation under the State alternative
accreditation system.
``(iv) Each authorized accrediting entity's
policy regarding the transfer of credits
between institutions that provide postsecondary
education and postsecondary education courses
or programs within the State that are
accredited as part of the alternative
accreditation system.
``(v) The Secretary's reporting
requirements for the State regarding the State
alternative accreditation system, including--
``(I) the contents of reports that
must be submitted to the Secretary,
which may include information such as--
``(aa) in the case of a
postsecondary education course
or program that is accredited
through the State alternative
accreditation system--
``(AA) the number
and percentage of
students who
successfully complete
each such postsecondary
education course or
program; and
``(BB) the number
and percentage of
students who
successfully obtain a
postsecondary
certification,
credential, or degree
using credit obtained
from each such
postsecondary education
course or program; and
``(bb) in the case of an
institution that provides
postsecondary education that is
accredited through the State
alternative accreditation
system--
``(AA) the number
and percentage of
students who
successfully obtain a
postsecondary
certification,
credential, or degree
from such institution;
and
``(BB) the number
and percentage of
students who do not
successfully obtain a
postsecondary
certification,
credential, or degree
from such institution
but do obtain credit
from such institution
toward a postsecondary
degree, credential, or
certification;
``(II) the frequency with which
such reports must be submitted to the
Secretary; and
``(III) any requirements for third
party verification of information
contained in such reports.
``(vi) The State policy regarding public
accessibility to certain information relating
to institutions that provide postsecondary
education and postsecondary education courses
and programs accredited under the State
alternative accreditation system, including--
``(I) the information described in
subclause (I) of clause (v); and
``(II) information about the rates
of job placement for individuals that
have graduated from an institution or
completed a course or program that is
accredited under the State alternative
accreditation system.
``(vii) An assurance by the State that
under the State alternative accreditation
system, only institutions that provide
postsecondary education and postsecondary
education courses or programs that provide
credits toward a postsecondary certification,
credential, or degree (as defined by the State
in accordance with clause (viii)) will be
accredited.
``(viii) The State's definition of a
postsecondary certification, credential, or
degree, as such term applies to the requirement
described in clause (vii).
``(ix) A description of the agreements that
the State will enter into with institutions
that provide postsecondary education and
postsecondary education courses or programs
that are accredited under the alternative
accreditation system to enable such
institutions, courses, or programs to be
eligible under a program authorized under title
IV, for participation in the direct student
loan program, and for the origination of loans
under part D of title IV, and how such
agreements will operate in lieu of the
agreements described in sections 487 and 454.
``(x) A description of how the State will
select institutions that provide postsecondary
education and postsecondary education courses
or programs that are accredited under the
alternative accreditation system, in lieu of
the selection process described in section 453,
for--
``(I) participation in the direct
student loan program under part D of
title IV; and
``(II) approval allowing such
institution, program, or course to
originate direct loans under part D of
title IV.
``(xi) A description of how the State will
administer title IV funds for institutions that
provide postsecondary education, postsecondary
apprenticeship programs, and postsecondary
education courses or programs provided by an
institution of postsecondary education, a
nonprofit organization, or a for-profit
organization or business that are accredited
through the alternative accreditation system.
``(C) Administrative costs for pell grant
students.--
``(i) Pell grants administered by
entities.--In the case of an institution that
provides postsecondary education, a
postsecondary apprenticeship program, or an
entity that provides a postsecondary education
course or program that is accredited through
the alternative accreditation system and that
will administer the Federal Pell Grant, Federal
Perkins Loan, Federal Work-Study, and Federal
Supplemental Educational Opportunity Grants in
accordance with the agreement described in
subparagraph (B)(xi), the Secretary shall, in
lieu of carrying out section 690.10 of title
34, Code of Federal Regulations, and subject to
available appropriations, pay $5.00 to the
institution, apprenticeship program, or entity,
as the case may be, for each student who
receives a Federal Pell Grant at that
institution, apprenticeship program, or entity
for an award year.
``(ii) Pell grants administered by
states.--In the case of an institution that
provides postsecondary education, a
postsecondary apprenticeship program, or an
entity that provides a postsecondary education
course or program that is accredited through
the alternative accreditation system and will
not administer the Federal Pell Grant, Federal
Perkins Loan, Federal Work-Study, and Federal
Supplemental Educational Opportunity Grants,
but will have such programs administered by the
State in accordance with the agreement
described in subparagraph (B)(xi), the
Secretary shall, in lieu of carrying out
section 690.10 of title 34, Code of Federal
Regulations, and subject to available
appropriations, pay $5.00 to the State for each
student who receives a Federal Pell Grant at
that institution, apprenticeship program, or
entity, as the case may be, for an award year.
``(iii) Use of funds.--All funds that an
institution, apprenticeship program, entity, or
the State receives under this subparagraph
shall be used solely to pay the cost of--
``(I) administering the Federal
Pell Grant, Federal Perkins Loan,
Federal Work-Study, and Federal
Supplemental Educational Opportunity
Grants; and
``(II) carrying out the reporting
requirements described under
subparagraph (B)(v).
``(iv) Financial aid services.--If an
institution, apprenticeship program, or entity
described in this subparagraph enrolls a
significant number of students who are
attending less-than-full-time or are
independent students, such institution,
apprenticeship program, entity, or the State,
as the case may be, shall use a reasonable
proportion of the funds provided under this
subparagraph to make financial aid services
available during times and in places that will
most effectively accommodate the needs of those
students.''.
(b) Title IV Eligibility Requirements.--Part G of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended by
adding at the end the following:
``SEC. 493E. STATE ACCREDITED INSTITUTIONS, PROGRAMS, OR COURSES.
``Notwithstanding any other provision of law, an institution,
program, or course that is eligible for funds under this title in
accordance with section 102(a)(1)(B) and meets the requirements of
section 102(a)(5) shall not be required to meet any other requirements
of this title. For purposes of this title, such an institution,
program, or course shall be deemed to be an eligible institution that
meets the requirements of section 487.''. | Higher Education Reform and Opportunity Act of 2013 - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to make the following entities, programs, and courses eligible for funding under title IV if they are accredited by an authorized accreditation authority in a state that has an alternative accreditation agreement with the Secretary of Education: institutions that provide postsecondary courses; postsecondary apprenticeship programs; and postsecondary education courses or programs provided by institutions of postsecondary education, nonprofit organizations, or for-profit organizations or businesses. Lists the items to be included in a state's alternative accreditation agreement with the Secretary, including the standards those entities, programs, and courses must meet to receive and maintain their accreditation. Requires that agreement to include the state's assurance that only entities, programs, and courses that provide credits toward a postsecondary certification, credential, or degree (as defined by the state in the agreement) will be accredited. Establishes the formula for determining the administrative cost allowance for: (1) the entities, programs, and courses that are accredited through the alternative accreditation system and that administer the Federal Pell Grant, Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant programs in accordance with the agreement; and (2) states that will administer those programs for such entities, programs, and courses in accordance with the agreement. | {"src": "billsum_train", "title": "Higher Education Reform and Opportunity Act of 2013"} | 2,405 | 293 | 0.670615 | 1.871919 | 0.943949 | 3.406844 | 8.737643 | 0.920152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Corps 230th Anniversary
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) November 10, 2005, marks the 230th anniversary of the
United States Marine Corps;
(2) the United States Marine Corps has, over the course of its
illustrious 230-year history, fought gallantly in defense of the
United States;
(3) the United States Marine Corps has, over the course of its
storied history, established itself as the Nation's military leader
in amphibious warfare, and will continue in that role as the United
States faces the challenges of the 21st Century;
(4) the United States Marine Corps continues to exemplify the
warrior ethos that has made it a fighting force of international
repute;
(5) all Americans should commemorate the legacy of the United
States Marine Corps so that the values embodied in the ``Corps''
are recognized for the significant contribution they have made in
protecting the United States against its enemies;
(6) in 2001, the Congress authorized the construction of the
Marine Corps Heritage Center, the purpose of which is to provide a
multipurpose facility to be used for historical displays for the
public viewing, curation, and storage of artifacts, research
facilities, classrooms, offices, and associated activities,
consistent with the mission of the Marine Corps;
(7) the Marine Corps Heritage Center is scheduled to open on
November 10, 2005;
(8) the United States should pay tribute to the 230th
anniversary of the United States Marine Corps by minting and
issuing a commemorative silver dollar coin; and
(9) the surcharge proceeds from the sale of a commemorative
coin, which would have no net costs to the taxpayers, would raise
valuable funding for the construction of the Marine Corps Heritage
Center.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, 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.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the warrior ethos of the United States
Marine Corps.
(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 ``2005''; 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
Marine Corps Historical Division and the Commission of Fine Arts;
and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of coins
issued under this Act at a reasonable discount.
(d) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) should be at a reasonable discount.
(e) Limitation.--Notwithstanding subsection (b), 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.
SEC. 7. DISTRIBUTION OF SURCHARGES.
(a) 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 Marine Corps Heritage Foundation for the purposes of construction
of the Marine Corps Heritage Center, as authorized by section 1 of
Public Law 106-398 (114 Stat. 1654).
(b) Audit.--The Marine Corps Heritage Foundation shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received under subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins emblematic of the warrior ethos of the United States Marine Corps.
Requires: (1) all coin sales to include a surcharge of $10 per coin; and (2) all surcharges to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center.
Prohibits such surcharge with respect to the issuance of any coin during a calendar year if the issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation. Authorizes the Secretary of the Treasury to issue guidance to implement this limitation. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and to support construction of the Marine Corps Heritage Center."} | 1,367 | 160 | 0.599285 | 1.746478 | 0.827218 | 4.379562 | 9.109489 | 0.934307 |
That this Act shall be
known as the ``Grassroots Campaigning and Election Reform Act of
1993''.
reliance on in-state contributions
Sec. 2. (a) Chapter 2, section 441 of title 2, United States Code,
is amended by inserting a new subsection (h), and relettering
subsequent sections appropriately:
``(h)(1) It shall be unlawful for any candidate for the Senate of
the United States or the House of Representatives of the United States
to solicit or accept any funds for the purposes of election to the
Senate or the House of Representatives from any individual,
organization, or political action committee that does not reside or
have its headquarters within the State from which such candidate seeks
election.
``(2) Each contributor to a candidate under the terms of paragraph
(1) of this subsection shall provide evidence of the State of residence
of such contributor, pursuant to limits described in paragraph (3) of
this subsection.
``(3)(A) For the purpose of determining the accuracy of any
declaration of residence by a contributor, each candidate for the
Congress of the United States shall maintain records of the home State
of each contributor.
``(B) It shall be presumed that a contributor is a resident of the
candidate's State if the contribution is made in the form of a check
drawn on a bank within such State, and if the contribution is
physically presented to the candidate or his agent in such State or
mailed in an envelope postmarked in such State.
``(C) For any contribution in cash in excess of $99, such name and
address shall be accompanied by a notarized statement attesting to the
accuracy of such name and address.
``(D) Notwithstanding the provisions of subparagraph (B) of this
subsection, any contribution in excess of $499 shall be accompanied by
a notarized statement attesting to the accuracy of the name and address
of the contributor.
``(E) Any contribution from a political party to a candidate shall
be accompanied by a notarized statement as to the residence of the
contributors of such funds.
``(4) Any contribution that fails to meet the criteria described in
paragraph (3) of this subsection shall, within ten days of receipt, be
returned to the contributor, if known, or given to a nonpolitical
health or educational charitable organization of the candidate's choice
within the candidate's State.
``(5) Each violation of this section shall subject the candidate to
a civil penalty of $1,000''.
(b)(1) As of January 31, 1993, each Member of the Senate of the
United States elected in 1992 and each Member of the House of
Representatives of the United States shall rebate to each Member's
contributors, on a pro rata basis, all campaign funds retained as of
January 1, 1993, or donate such funds to a nonpolitical health or
educational charitable organization of the Member's choice within the
Member's State.
(2) As of January 31, 1993, each Member of the Senate of the United
States who was not a candidate for election in 1992 shall rebate to
each Member's contributors, on a pro rata basis, all campaign funds
raised as of such date, or donate such funds to a nonpolitical health
or educational charitable organization of the Member's choice within
the Member's State.
(3) Any funds not rebated or contributed pursuant to this
subsection shall subject the Member to a civil penalty equal to twice
the sums involved.
limitations on political action committees
Sec. 3. (a) Chapter 2, section 441b of title 2, United States Code,
is amended by deleting all of the text following subsection (b)(2)(B).
(b) Chapter 2, section 441a(a)(2) of title 2, United States Code,
is amended by striking out ``5,000'' and inserting in lieu thereof
``500'' in subsection (A), and by placing a period after the word
``committee'' and striking all that follows in subsection (C).
(c) Chapter 2, section 441b of title 2, United States Code, is
amended by inserting the following as a new subparagraph ``(C)'':
``(c) It is unlawful for any bank, labor organization, or
corporation referred to in subparagraph (a) of this section to make any
contribution or expenditure for the establishment, administration, or
solicitation of contributions to any political committee.''.
use of personal wealth for campaign purposes
Sec. 4. Chapter 2, section 441 of title 2, United States Code, is
amended by inserting a new subsection (i), and relettering subsequent
sections appropriately:
``(i)(1)(A) Within fifteen days after a candidate qualifies for the
ballot, under applicable State law, such candidate shall file with the
Commission, a declaration stating whether or not such candidate intends
to expend, in the aggregate:
``(i) At least $250,000, if a candidate for the Senate of
the United States, or
``(ii) At least $100,000, if a candidate for the House of
Representatives of the United States,
from his personal funds, and the funds of his immediate family, and
incur personal loans in excess of such amount, in connection with his
campaign for such office.
``(B) For purposes of this subsection, `immediate family' means a
candidate's spouse, and any child, stepchild, parent, grandparent,
brother, sister, half-brother, or half-sister of the candidate, and the
spouse of any such person and any child, stepchild, parent,
grandparent, brother, half-brother, sister, of half-sister of the
candidate's spouse, and the spouse of any such person.
``(C) The statement required by this subsection shall be in such
form, and shall contain such information, as the Commission may, by
regulation, require.
``(2) Notwithstanding any other provision of law, in any election
in which a candidate declares that he intends to expend more than the
limits described in subparagraph (A) of paragraph (1), or does expend
and incur loans in excess of such limits, or fails to file the
declaration required by this subsection, the limitations on
contributions in subsection (h) of this section, as they apply to all
other candidates in such election in such State, shall be waived and
the limitations on contributions in subsection (a) of this section, as
they apply to all other individuals running for such office, shall be
increased for such election as follows:
``(A) The limitations provided in subsection (a)(1)(A)
shall be increased to an amount equal to 1000 per centum of
such limitation, and
``(B) The limitations provided in subsection (a)(3) shall
be increased to an amount equal to 150 percentum of such
limitation, but only to the extent that contributions above
such limitation are made to candidates affected by the
increased levels provided in subparagraph (A).
``(3) If the limitations described in paragraph (2) of this
subsection are increased pursuant to paragraph (2) for a convention or
a primary election, as they relate to an individual candidate, and such
individual candidate is not a candidate in any subsequent election in
such campaign, including the general election, the provisions of
paragraph (2) shall no longer apply.
``(4) Any candidate who--
``(A) declares, pursuant to subparagraph (1) of this
paragraph that he does not intend to expend, in the aggregate,
more than the limits described in subparagraph (1)(A); and
``(B) subsequently does expend and incur loans in excess of
such amounts, or intends to expend and incur loans in excess of
such amounts,
such candidate shall notify and file an amended declaration with the
Commission and shall notify all other candidates for such office within
twenty-four hours after changing such declaration or exceeding such
limits, whichever first occurs, by sending such notice by certified
mail, return receipt requested. Failure to so notify and so file shall
subject such candidate to a civil penalty equal to twice the fund so
expended.
``(5) Any candidate who incurs personal loans in connection with
his campaign under this Act shall not repay, either directly or
indirectly, such loans from any contributions made to such candidate or
any authorized committee of such candidate, if such contribution was
made following the date of such election.
``(6) Notwithstanding any other provision of law, no candidate
under this title may make expenditures from his personal funds or the
personal funds of his immediate family, or incur personal loans in
connection with his campaign for election to such office at any time
after ninety days before the date of such election, or twenty-four
hours after the primary election for such office, whichever date shall
later occur. The provisions of this paragraph shall apply to all
candidates regardless of whether such candidate has reached the limits
provided in paragraph (1) of this subsection. Violation of this
paragraph shall subject such violator to a civil penalty three times
the funds so expended.
``(7) The Commission shall take such action as it deems necessary
under the enforcement provisions of this Act to assure compliance with
the provisions of this subsection.''.
soft money
Sec. 5. (a) At the appropriate place in the Federal Election
Campaign Act of 1971 (2 U.S.C. 441), insert the following new section:
``( ) (A) Any amount solicited, received or spent by a national,
State, or local committee of a political party, directly or indirectly,
shall be subject to the provisions of this Act, if such amount is
solicited, received, or spent in connection with a Federal election. No
part of such amount may be allocated to a non-Federal account or
otherwise maintained in, or paid from, an account that is not subject
to this Act. This section shall not apply to amounts described in
section 431 (b)(B)(viii) of title 2.
``(B) For purposes of this section, the term ``in connection with a
Federal election'' includes any activity that may affect a Federal
election, including but not limited to the following:
``(1) Voter registration and get-out-the-vote activities;
``(2) Generic activities, including but not limited to any
broadcasting, newspaper, magazine, billboard, mail, or similar
type of communication or public advertising;
``(3) Campaign materials which identify a Federal
candidate, regardless of any other candidate who may also be
identified.''.
severability
Sec. 6. If any provision of this Act, or any amendment made by this
Act, or the application of any such provision to any person or
circumstance is held invalid, the validity of any other such provision,
and the application of such provision to other persons and
circumstances, shall not be affected thereby. | Grassroots Campaigning and Election Reform Act of 1993 - Amends the Federal Election Campaign Act of 1971 to: (1) prohibit congressional candidates from raising campaign funds from outside their State; (2) prohibit the establishment of political committees by banks, labor organizations, or corporations; (3) reduce the amount a person may contribute to a political committee; (4) limit candidate expenditures of personal funds, family funds, or personal loans in connection with an election campaign; and (5) apply restrictions and requirements to soft money. | {"src": "billsum_train", "title": "Grassroots Campaigning and Election Reform Act of 1993"} | 2,305 | 108 | 0.451596 | 1.129247 | 0.665503 | 2.135922 | 22.320388 | 0.854369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reliable and Effective Growth for
Regenerative Health Options that Improve Wellness'' or the ``REGROW
Act''.
SEC. 2. CELLULAR THERAPEUTICS.
(a) Current Pathways.--Nothing in this Act, or the amendments made
by this Act, shall be applied or interpreted as restricting or
otherwise modifying any pathway to market which is (as of the day
immediately before the date of enactment of this Act) provided under
regulations promulgated by the Food and Drug Administration, including
pathways under sections 351 and 361 of the Public Health Service Act
(42 U.S.C. 262 and 264).
(b) Approval for Therapies.--Subpart 1 of part F of title III of
the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by
adding after section 351A the following:
``SEC. 351B. APPROVAL FOR CELLULAR THERAPIES.
``(a) Conditional Approval of Cellular or Tissue Therapeutic.--Not
later than 1 year after the date of enactment of this section, the
Secretary shall establish a program to conditionally approve a cellular
therapeutic product if the sponsor of such product demonstrates
preliminary clinical evidence of safety, and a reasonable expectation
of effectiveness, without initiation of phase III investigations.
``(b) Additional Requirements for Conditional Approval.--A
conditionally approved product under subsection (a) shall, for a 5-year
conditional use period, be manufactured, introduced into interstate
commerce, and used consistent with the regulations in effect at the
time of such use, including good manufacturing practices, without the
approval of an application under section 351(a), if all of the
following apply:
``(1) Such cells or tissues are adult human cells or
tissues.
``(2) Such cells or tissues have been evaluated to examine
immunogenicity and do not provoke a significant unintended
immune response in the recipient.
``(3) Such cells or tissues are--
``(A) minimally manipulated for a nonhomologous
use; or
``(B) more-than-minimally manipulated for a
homologous or nonhomologous use, but are not
genetically modified.
``(4) Such cells or tissues are produced for a specific
indication.
``(5) Such cells or tissues are produced exclusively for a
use that performs, or helps achieve or restore, the same, or
similar, function in the recipient as in the donor.
``(6) Within 5 years of the safety and effectiveness
determination described in this section, the sponsor of the
conditionally approved new product prepares and submits an
application for approval of a biological product under section
351(a), demonstrating potency, purity, safety, and efficacy of
the use. The Secretary may permit continued use of such product
until the Secretary completes the review of the application and
makes a determination. Upon a determination by the Secretary
not to approve the application, use of the cellular therapeutic
shall not be permitted.
``(7) During the conditional approval period, and before
approval of an application under section 351(a), the sponsor
shall prepare and submit annual reports and adverse event
reports to the Secretary containing all the information
required for approved biological products.
``(8) The sponsor has submitted an application under
section 505(i) of the Federal Food, Drug, and Cosmetic Act for
the treatment of the patients during the 5-year conditional use
period.
``(9) The sponsor has not previously received conditional
approval for such product for the same indication.
``(c) Informed Use.--The individual administering a product
approved under subsection (b) shall inform each individual who uses
such product that the product has been conditionally approved based on
studies in a limited population, without proof of efficacy, and that
the Secretary is requiring additional studies of the product.
``(d) Stem Cell Banking.--To be eligible to provide cells for the
uses described under subsection (b), public and private cord blood
banks, tissue banks, and bone marrow repositories shall be in full
compliance with good tissue practice requirements under part 1271 of
title 21, Code of Federal Regulations (or successor regulations), as
applicable.''.
SEC. 3. DEVICES USED IN RECOVERY, PROCESSING, AND DELIVERY OF CELLULAR
THERAPEUTICS.
(a) Clearance.--Section 510(k) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360(k)) is amended--
(1) in paragraph (1), by striking ``, and'' and inserting
``;'';
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) in the case of a cellular therapeutic described in
section 351B(a) of the Public Health Service Act, the general
function of the device used for the recovery, isolation,
processing, or delivery of such cellular therapeutic.''.
(b) Clearance or Approval of Cellular Therapeutics.--Chapter V of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is
amended by inserting after section 515A the following:
``SEC. 515B. CLASSIFICATION OF CELLULAR THERAPEUTICS.
``Clearance or approval of a device that is a cellular therapeutic
described in section 351B(a) of the Public Health Service Act shall be
based on in vitro performance testing and not in vivo human clinical
trials, as appropriate. The Secretary shall classify devices in
accordance with section 513 used for cell therapy (as described in
section 351B(a) of the Public Health Service Act), focusing on the
general use of such devices for harvesting, delivery, or processing
cells and sustaining the viability and functions of the cells in vivo.
The classification regulation shall not require that such devices be
cleared under section 510(k) or approved under section 515 for use with
only specific types of cells or for specific uses unless unique to the
intended use of the device. If the Secretary determines that no
predicate exists, or that a device classified as class III is
sufficiently low risk to justify a lower classification, the Secretary
shall apply the procedure outlined in section 513(f)(2) to permit the
review and marketing of the device.''.
(c) Combination Products.--Section 503(g)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(g)(1)) is amended--
(1) in subparagraph (B), by striking ``or'';
(2) in subparagraph (C), by striking the period and
inserting ``, or''; and
(3) by adding at the end the following:
``(D) cellular components, the agency center charged with
premarket review of biological products shall have primary
jurisdiction.''.
SEC. 4. GUIDANCE; AMENDED REGULATIONS.
(a) Guidance.--Within 1 year of the date of enactment of this Act,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') may issue draft guidance on clarifying the
requirements with respect to cellular therapeutics, as set forth in
section 351B of the Public Health Service Act, as added by section 2,
and devices used in processing or delivery of cellular therapeutics, as
set forth in section 510(k)(3) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360(k)(3)) and section 515B of such Act, as added by
section 3(b). The Secretary shall issue final guidance not later than
180 days after the close of the comment period (including any
extensions of such period) for the draft guidance. Such comment period
may not exceed 60 days.
(b) Amended Regulations.--
(1) In general.--If the Secretary determines that it is
appropriate to amend the regulations under title 21, Code of
Federal Regulations, in order to clarify the requirements of
section 351B of the Public Health Service Act, as added by
section 2, the Secretary shall amend such regulations not later
than 1 year after the date of enactment of this Act.
(2) Procedure.--In amending regulations under paragraph
(1), the Secretary shall--
(A) issue a notice of proposed rulemaking that
includes the proposed regulations;
(B) provide a period of not more than 60 days for
comments on the proposed regulations; and
(C) publish the final regulations not less than 30
days before the effective date of such regulations.
(c) Public Meeting.--In carrying out this Act, including the
amendment made by section 2 and the amendments made by section 3, the
Secretary, not later than 90 days after the date of enactment of this
Act, shall have not less than 1 public meeting on the relevant
regulatory policies relating to cell and tissue products, including any
changes to such policies necessary to encourage innovation and
regulatory certainty with regard to the development of regenerative
medicine products.
SEC. 5. REGENERATIVE MEDICINE STANDARDS.
The Secretary shall work with stakeholders, including regenerative
product manufacturers, academic institutions, standards setting
organizations, and the National Institute of Standards and Technology,
to promote and facilitate an effort to develop, through a transparent
public process, standards that will facilitate regulatory
predictability regarding manufacturing processes and controls for
regenerative medicine products. | Reliable and Effective Growth for Regenerative Health Options that Improve Wellness or the REGROW Act This bill amends the Public Health Service Act to require the Food and Drug Administration (FDA) to conditionally approve certain cellular therapeutic products without initiation of large-scale clinical trials. A conditionally approved cellular therapy may be marketed if certain conditions are met, including conditions on the source, processing, and function of the cells in the product. The sponsor of a conditionally approved cellular therapy must apply for approval of the product as a biological product within five years. Unless the FDA has decided not to approve the product, the product may be marketed during this five-year period and the FDA may permit continued marketing while the application is being reviewed. An individual administering a conditionally approved cellular therapy must inform the recipient regarding conditional approval. The premarket report for a medical device used for cellular therapy must include specified information regarding the preparation or delivery of the cellular therapy. The approval of a medical device that is a cellular therapy must be based on laboratory performance testing and not clinical trials. A medical device used for cellular therapy is subject to medical device classification. The FDA must not limit the use of these devices to only specific cell types unless unique to the use of the device. The Center for Biologics Evaluation and Research has primary jurisdiction for premarket review of combination products that act primarily through cellular components. The Department of Health and Human Services must work with stakeholders to promote the development of standards for regenerative medicine products. | {"src": "billsum_train", "title": "REGROW Act"} | 2,133 | 328 | 0.5916 | 1.730523 | 0.848947 | 2.094077 | 6.606272 | 0.839721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of Natural Resources
Laws on the Public Lands Act of 1996''.
SEC. 2. REPEAL OF EMERGENCY SALVAGE TIMBER SALE PROGRAM.
(a) Definition of Secretary Concerned.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Agriculture, with respect to an
activity involving land in the National Forest System; and
(2) the Secretary of the Interior, with respect to an
activity involving land under the jurisdiction of the Bureau of
Land Management.
(b) Repeal.--Section 2001 of Public Law 104-19 (109 Stat. 240; 16
U.S.C. 1611 note) is repealed.
(c) Suspension.--
(1) In general.--Notwithstanding any outstanding judicial
order or administrative decision interpreting section 2001 of
Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note) (as in
existence prior to the date of enactment of this Act), the
Secretary of Agriculture and the Secretary of the Interior
shall suspend each activity that was being undertaken in whole
or in part under the authority provided in the section, unless
the Secretary concerned determines that the activity would have
been undertaken even in the absence of the subsection.
(2) Resumption of an activity.--The Secretary concerned may
not resume an activity suspended under paragraph (1) until the
Secretary concerned determines that the activity (including any
modification after the date of enactment of this Act) complies
with environmental and natural resource laws.
SEC. 3. STUDIES.
(a) Purpose.--The purpose of this section is to provide factual
information useful to the President and Congress in setting funding and
operational levels for the public forests in order to ensure that the
public forests are operated so that the health of forest resources is
secured with ecological and financial effectiveness.
(b) Nature and Extent of the Situation.--
(1) In general.--The Secretary of Agriculture, through the
research branch of the Forest Service, shall undertake a study
to report on the nature and extent of the forest health
situation in the National Forest System.
(2) Nature.--The nature of forest health shall be
categorized into types of situations, including--
(A) overstocked stands of unmerchantable-size
trees;
(B) stands with excessive fuel loads;
(C) mixed conifer stands with an inappropriate mix
of tree species; and
(D) combinations of the situations described in
subparagraphs (A) through (C).
(3) Extent.--The extent of forest health shall include
acreage estimates of each situation type and shall distinguish
variations in severity.
(4) Representative sample measurements.--If feasible, the
Secretary shall use representative sample measurements with a
specified degree of confidence in extending the measurements to
the whole population.
(5) Presentation.--The report shall present data at the
national forest or a comparable level and shall be displayed
geographically and tabularly.
(6) Review.--The report shall be properly reviewed by the
scientific community prior to transmission under paragraph (7).
(7) Transmission.--The report shall be transmitted to
Congress not later than 1 year after the date of enactment of
this Act.
(c) Ecological Efficacy of Activities.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture shall enter
into a contract with the National Academy of Sciences for the
purpose of conducting a study of the ecological and forest
health consequences of various activities intended, at least in
part, to improve forest health.
(2) Activities examined.--The activities examined under
paragraph (1) shall include--
(A) site preparation for reforestation, artificial
reforestation, natural regeneration, stand release,
precommercial thinning, fertilization, other stand
improvement activities, salvage harvesting, and brush
disposal;
(B) historical as well as recent examples and a
variety of conditions in ecological regions; and
(C) a comparison of various activities within a
watershed, including activities conducted by other
Federal land management agencies.
(3) Transmission.--The report shall be transmitted to the
Chief of the Forest Service and to Congress not later than 2
years after the date of enactment of this Act.
(d) Economic Efficacy of Activities.--
(1) In general.--The Comptroller General of the United
States, through the General Accounting Office, shall conduct a
study of the Federal, State, and local fiscal and other
economic consequences of activities intended, at least in part,
to improve forest health.
(2) Coordination.--The study conducted under this
subsection shall be coordinated with the study conducted under
subsection (c)--
(A) to ensure that the same groups of activities in
the same geographic area are examined; and
(B) to develop historic as well as recent effects
that illustrate financial and economic trends.
(3) Federal fiscal effects.--In assessing the Federal
fiscal effects, the Comptroller General shall distinguish the
net effects on the Treasury of the United States from changes
in the balances in the various special accounts and trust
funds, including appropriated funds used to conduct the
planning, execution, sale administration, support from other
programs, regeneration, site restoration, agency overhead, and
payments in lieu of taxes associated with timber cutting.
(4) Transmission.--The study shall be transmitted to the
Chief of the Forest Service and to Congress not later than 2
years after the date of enactment of this Act.
(e) Improvement of Activities.--In response to the findings of the
National Academy of Sciences and the Comptroller General under
subsections (c) and (d), the Chief of the Forest Service shall assess
opportunities for improvement of, and progress in improving, the
ecological, economic, and fiscal consequences and efficacy for each
national forest.
(f) Forest Service Study.--
(1) In general.--The Chief of the Forest Service shall
conduct a study of alternative systems for administering forest
health-related activities, including, modification of special
account and trust fund management and reporting, land
management service contracting, and government logging.
(2) Similarities and differences.--The study shall compare
and contrast the various alternatives with systems in existence
on the date of the study, including--
(A) ecological effects;
(B) forest health changes;
(C) Federal, State, and local fiscal and other
economic consequences; and
(D) opportunities for the public to be involved in
decisionmaking before activities are undertaken.
(3) Requirements of study.--To ensure the validity of the
study, in measuring the effect of the use of contracting, the
study shall specify the costs that contractors would bear for
health care, retirement, and other benefits afforded public
employees performing the same tasks.
(4) Transmittal.--The report shall be transmitted to
Congress not later than 1 year after the studies conducted
under subsections (c) and (d) are transmitted to Congress.
(g) Public Availability.--The reports conducted under this section
shall be published in a form available to the public at the same time
the reports are transmitted to Congress. Both a summary and a full
report shall be published. | Restoration of Natural Resources Laws on the Public Lands Act of 1996 - Amends Federal law to repeal the emergency salvage timber sale program.
Provides for specified forest health-related studies. | {"src": "billsum_train", "title": "Restoration of Natural Resources Laws on the Public Lands Act of 1996"} | 1,566 | 41 | 0.48549 | 1.160714 | 0.926759 | 3.914286 | 41.542857 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Inspector General
Oversight Council Act of 1998''.
SEC. 2. ESTABLISHMENT OF OFFICE OF INSPECTOR GENERAL OVERSIGHT COUNCIL.
The Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) is amended by adding at the end the following new section:
``SEC. 13. OFFICE OF INSPECTOR GENERAL OVERSIGHT COUNCIL.
``(a) Establishment.--There is hereby established as an independent
establishment in the executive branch a council to be known as the
`Office of Inspector General Oversight Council' (in this section
referred to as the `Council'), the purpose of which shall be to oversee
and review the actions and activities of the Offices of Inspector
General of establishments and designated Federal entities.
``(b) Composition; Qualifications.--(1) The Council shall be
composed of seven members (in this section referred to as the
`Members'), who shall be appointed as follows:
``(A) One member shall be appointed by the Speaker of the
House of Representatives.
``(B) One member shall be appointed by the minority leader
of the House of Representatives.
``(C) One member shall be appointed by the majority leader
of the Senate.
``(D) One member shall be appointed by the minority leader
of the Senate.
``(E) Three members shall be selected jointly by the
Inspectors General of establishments and designated Federal
entities.
``(2) Members shall be appointed from among--
``(A) Inspectors General of establishments and designated
Federal entities; and
``(B) private United States citizens.
``(c) Appointment; Staggering of Terms.--(1) Except as provided in
paragraph (4), Members shall be appointed for a term of 3 years. Any
vacancy in the Council shall be filled in the same manner as the
original appointment.
``(2) Members shall be limited to service of 2 terms on the
Council.
``(3) All appointments to the Council shall be made not later than
90 days after the date of the enactment of the Office of Inspector
General Oversight Council Act of 1998.
``(4) Members initially appointed to the Council under
subparagraphs (A) through (D) of subsection (b)(1) shall be so
appointed for a term of two years.
``(d) Duties.--The duties of the Council shall be as follows:
``(1) To hear and investigate complaints with respect to
decisions and actions of Offices of Inspector General regarding
fraud and abuse in programs and operations of establishments
and other designated Federal entities and other activities
prohibited by law, rule, or regulation.
``(2) To issue recommendations and advice regarding such
complaints.
``(3) In hearing and investigating such complaints, to
provide a means by which information regarding fraud and abuse,
violations of law, rules, or regulations, mismanagement, waste
of funds, abuse of authority, or danger to public health or
safety may be disclosed without fear of retaliation or
disclosure of the identity of the person bringing the
complaint.
``(e) Pay of Members.--Members of the Council shall not be paid by
reason of their work on the Council.
``(f) Travel Expenses.--The members of the Council shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Council.
``(g) Information.--The Council may secure directly from any
department or agency of the United States information that the Council
considers necessary to enable the Council to carry out its
responsibilities under this Act.
``(h) Cooperation From Government Officials.--In carrying out its
duties, any United States Government official responsible for providing
the Council with information necessary for the fulfillment of its
responsibilities shall cooperate fully with the Council.
``(i) Staff.--The Council may appoint a staff director and such
additional personnel as may be necessary to enable the Council to
perform its duties. The Council may fix the pay of the staff director
and other personnel, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable for
level IV of the Executive Schedule under section 5316 of title 5,
United States Code, and the rate of pay for other personnel may not
exceed the maximum rate payable for grade GS-15 of the General
Schedule.
``(j) Procurement of Temporary and Intermittent Services.--The
Council may procure temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for individuals which
do not exceed the daily equivalent of the annual rate of pay payable
for level V of the Executive Schedule under section 5316 of such title.
``(k) Postal and Printing Services.--The Council may use the United
States mails and obtain printing and binding services in the same
manner and under the same conditions as other departments and agencies
of the United States.
``(l) Experts and Consultants.--The Council may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
``(m) Notification to Congress.--The Council shall--
``(1) notify the Committee on Government Reform and
Oversight of the House of Representatives and the Committee on
Governmental Affairs of the Senate regarding activities and
recommendations of the Council; and
``(2) notify the Committee on National Security of the
House of Representatives and the Committee on Armed Services of
the Senate regarding activities and recommendations of the
Council with respect to the Department of Defense.''. | Office of Inspector General Oversight Council Act of 1998 - Amends the Inspector General Act of 1978 to establish an Office of Inspector General Oversight Council as an independent establishment in the executive branch to oversee and review the actions and activities of the Offices of Inspector General of establishments and designated Federal entities. | {"src": "billsum_train", "title": "Office of Inspector General Oversight Council Act of 1998"} | 1,270 | 65 | 0.620477 | 1.42711 | 1.071259 | 6.236364 | 21.8 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access for Safe and Timely
Generics Act of 2015'' or the ``FAST Generics Act of 2015''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Reference product license or approval holders are
restricting competitive access to reference products by
sponsors seeking to develop drugs, generic drugs, and
biosimilars under section 505(b)(2) or 505(j) of the Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)(2) and 355(j)) and
under section 351(k) of the Public Health Service Act (42
U.S.C. 262(k)). These restrictions are deterring and delaying
development of drugs, generic drugs and biosimilars by
extending lawful patent-based monopolies beyond their lawful
patent life.
(2) The enforcement provisions set forth in section 505-
1(f)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355-1(f)(8)) have not been sufficient to prevent anti-
competitive practices that interfere with access to reference
products which is necessary for the timely development of
affordable drugs, generic drugs, and biosimilars.
(3) There is not a regulatory structure in place that is
sufficient to deter or remedy the anti-competitive harm that
results when--
(A) access to reference products is restricted to
sponsors developing drugs, generic drugs, or
biosimilars in accordance with section 505(b)(2) or
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)(2) or 355(j)), and section 351(k) of the
Public Health Service Act (42 U.S.C. 262(k)),
respectively; or
(B) license holders impede the prompt negotiation
and development of a single, shared system of elements
to assure safe use and supporting agreements under
section 505-1(i)(1)(B) of such Act (21 U.S.C. 355-
1(i)(1)(B)), on commercially reasonable terms.
(4) Requiring license holders to comply with requirements
for competitive access to their products, and for the
negotiation and development of single, shared systems of
elements to assure safe use under section 505-1(i)(1)(B) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-
1(i)(1)(B)), and subjecting license holders to liability for
failing to do so, will not impose obligations on the courts
that they cannot adequately and reasonably adjudicate.
SEC. 3. COMPETITIVE ACCESS TO COVERED PRODUCTS FOR DEVELOPMENT
PURPOSES.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505-1
of such Act (21 U.S.C. 355-1) the following new section:
``SEC. 505-2. COMPETITIVE ACCESS TO COVERED PRODUCTS FOR DEVELOPMENT
PURPOSES.
``(a) Definitions.--In this section:
``(1) Covered product.--The term `covered product'--
``(A) means--
``(i) any drug approved under section 505
or biological product licensed under section
351 of the Public Health Service Act;
``(ii) any combination thereof; or
``(iii) when reasonably necessary to
demonstrate sameness, biosimilarity, or
interchangeability for purposes of this
section, section 505, or section 351 of the
Public Health Service Act (as applicable), any
product, including any device, that is marketed
or intended for use with such drug or
biological product; and
``(B) excludes any drug or biological product which
the Secretary has determined to be currently in
shortage and that appears on the drug shortage list in
effect under section 506E, unless the shortage will not
be promptly resolved--
``(i) as demonstrated by the fact that the
drug or biological product has been in shortage
for more than 6 months; or
``(ii) as otherwise determined by the
Secretary.
``(2) Eligible product developer.--The term `eligible
product developer' means a person that seeks to develop a
product for approval pursuant to an application under section
505(b)(2) or 505(j) or for licensing pursuant to an application
under section 351(k) of the Public Health Service Act.
``(3) License holder.--The term `license holder' means the
holder of an application approved under section 505(b) or
section 505(j) of this Act or under section 351 of the Public
Health Service Act for a covered product (including the
holder's agents, wholesalers, distributors, assigns, corporate
affiliates, and contractors).
``(4) REMS.--The term `REMS' means a risk evaluation and
mitigation strategy under section 505-1.
``(5) REMS product.--The term `REMS product' means a
covered product that--
``(A) is subject to a risk evaluation and
mitigation strategy under section 505-1; or
``(B) is deemed under section 909(b) of the Food
and Drug Administration Amendments Act of 2007 to have
in effect an approved risk evaluation and mitigation
strategy under section 505-1.
``(6) REMS impacting product distribution.--The term `REMS
impacting product distribution' means a REMS that contains
elements to assure safe use that impact the distribution of the
product subject to the REMS.
``(b) Competitive Access to Covered Products as a Condition on
Approval or Licensing.--As a condition of approval or licensure, or
continuation or renewal of approval or licensure, of a covered product
under section 505 of this Act or section 351 of the Public Health
Service Act, respectively, the Secretary shall require that the covered
product's license holder not construe or apply any condition or
restriction relating to the sale, resale, or distribution of the
covered product, including any condition or restriction adopted,
imposed, or enforced as an aspect of a risk evaluation and mitigation
strategy, in a way that restricts or has the effect of restricting the
supply of such covered product to an eligible product developer for
development or testing purposes.
``(c) Competitive Access for Development Purposes to Products With
REMS Impacting Product Distribution.--With respect to a product subject
to a REMS impacting product distribution, no aspect of such a REMS
shall be construed or applied by the REMS product's license holder in a
way that prohibits or restricts the supply, at commercially reasonable,
market-based prices, of such REMS product from the REMS product's
license holder to an eligible product developer with an applicable
individual covered product authorization obtained pursuant to
subsection (e) for development and testing purposes.
``(d) Single, Shared System of Elements To Assure Safe Use.--Where
an eligible product developer seeks approval of an application under
505(j) referencing a REMS product whose REMS includes elements to
assure safe use--
``(1) no license holder shall take any step that impedes--
``(A) the prompt development on commercially
reasonable terms of a single, shared system of elements
to assure safe use under section 505-1; or
``(B) the prompt entry on commercially reasonable
terms of an eligible product developer into a
previously approved system of elements to assure safe
use; and
``(2) license holders shall negotiate in good faith towards
the prompt development of (or entry into) a single shared
system of elements to assure safe use under section 505-1(i) on
commercially reasonable terms.
``(e) Procedures for Obtaining Access to Covered Products.--
``(1) Competitive access to products not subject to rems
impacting product distribution.--Notwithstanding any other
provision of law, a license holder that receives a request from
an eligible product developer or its agent for sufficient
supplies of a covered product (that is not subject to a REMS
impacting product distribution) to conduct testing necessary to
support an application under section 505(b)(2) or 505(j) or
under section 351(k) of the Public Health Service Act (or
otherwise meet the requirements for approval of such an
application) shall provide to the eligible product developer or
its agent the quantity requested within 30 days of receipt of
the request at a nondiscriminatory, commercially reasonable,
market-based price for which such covered product has been
previously sold by the license holder to third parties in the
open market.
``(2) Competitive access to products subject to rems
impacting product distribution: individual covered product
authorization.--Any eligible product developer may seek an
authorization to obtain an individual covered product subject
to a REMS impacting product distribution for development and
testing purposes by making a written request to the Secretary.
Within 120 days of receiving such a request, the Secretary
shall, by written notice, issue such authorization for purposes
of--
``(A) development and testing that does not involve
human clinical trials, if the eligible product
developer has agreed to comply with any conditions the
Secretary determines necessary; or
``(B) development and testing that involves human
clinical trials if the eligible product developer has--
``(i) submitted a protocol for testing that
includes protections that will provide an
assurance of safety comparable to the assurance
of safety provided by any distribution
restrictions governing the approval or
licensure of the covered product; or
``(ii) otherwise satisfied the Secretary
that such protections will be provided.
``(3)(A) Process for obtaining product pursuant to an
authorization.--
``(i) An eligible product developer shall be
entitled to obtain, from the license holder of a
covered product subject to a REMS impacting
distribution, sufficient quantities of the covered
product for purposes of development and testing
necessary to support an application under section
505(b)(2) or 505(j) or under section 351(k) of the
Public Health Service Act, or otherwise meet the
requirements for approval of such application, if the
eligible product developer has obtained an applicable
authorization under paragraph (2).
``(ii) Each license holder shall publicly designate
at least one wholesaler or specialty distributor to
receive and fulfill requests for covered products
submitted pursuant to paragraph (1) or clause (i) of
this paragraph.
``(iii) An eligible product developer shall
initiate its acquisition of a covered product under
clause (i) by providing or having its agent provide a
written request for specific quantities of such covered
product to the license holder.
``(B) Request contents and response.--A request under
subparagraph (A)(iii) shall include a statement regarding the
quantity of covered product sought for development or testing
purposes, and state that the eligible product developer has an
authorization under paragraph (2) to obtain the specific
covered product. Within 30 days of receiving such a request,
the wholesaler or specialty distributor shall provide the
requested quantity of the covered product at a non-
discriminatory, commercially reasonable, market-based price for
which such covered product has been previously sold by the
license holder to third parties in the open market.
``(C) Disclosure of information by wholesalers and
specialty distributors.--In the event that a request is made to
a wholesaler or specialty distributor under this paragraph, the
wholesaler or specialty distributor shall not disclose to the
license holder of the covered product involved the identity of
the eligible product developer, but may disclose to such
license holder--
``(i) the fact that a request has been made;
``(ii) the dates on which the request was made and
fulfilled;
``(iii) the commercial terms on which the request
was fulfilled; and
``(iv) the quantity of the covered product
furnished by the wholesaler or specialty distributor in
compliance with the request.
``(D) Imminent hazard.--At any time, the Secretary may
prohibit, limit, or otherwise suspend a transfer of a covered
product to an eligible product developer if the Secretary
determines that the transfer of such product to the eligible
product developer would present an imminent hazard to the
public health. In such cases, the Secretary shall specify the
basis for the determination, including the specific information
available to the Secretary which served as the basis for such
determination, and confirm such determination in writing.
``(f) Enforcement.--
``(1) Remedies.--An eligible product developer that is
aggrieved by a violation of subsection (b), (c), (d), (e)(1) or
(e)(3) by a license holder may sue such license holder in a
court of competent jurisdiction for injunctive relief and
treble damages (including costs and interest of the kind
described in section 4(a) of the Clayton Act (15 U.S.C.
15(a))).
``(2) Rule of construction.--
``(A) Preservation of antitrust laws.--Nothing in
this Act, or the amendments made by this Act, shall be
construed to modify, supersede, or impair the operation
of the antitrust laws.
``(B) Definition.--For purposes of paragraph (1),
the term `antitrust laws' shall have the meaning given
such term in subsection (a) of the 1st section of the
Clayton Act (15 U.S.C. 12), except that such term shall
include section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that such subsection
applies to unfair methods of competition.
``(g) Limitation of Liability.--The holder of an approved
application or license for a covered product shall not be liable for
any claim arising out of an eligible product developer's failure to
follow adequate safeguards to assure safe use of the covered product
during development or testing activities conducted under this
section.''.
(b) Waiver of Single, Shared System Requirement.--Section 505-
1(i)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-
1(i)(1)(B)) is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) the applicant for an abbreviated
new drug application certifies that it
attempted in good faith to create or negotiate
entry into a single, shared system, but was
unable to finalize commercially reasonable
terms with the holder of the listed drug within
120 days, and such certification includes a
description of the efforts made by the
applicant for the abbreviated new drug
application to create or negotiate entry into a
single, shared system.''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect upon enactment, and shall apply to all
approved applications or licenses for a covered product (as defined in
section 505-2(a) of the Federal Food, Drug, and Cosmetic Act, as added
by this section) regardless of whether those applications or licenses
were approved before, on, or after the date of enactment of this Act. | Fair Access for Safe and Timely Generics Act of 2015 or the FAST Generics Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to prohibit the license holder of a Food and Drug Administration (FDA)-approved drug or biological product from restricting availability of the medication for testing by a product developer seeking to develop a drug, generic drug, or biosimilar, including restricting availability with a risk evaluation and mitigation strategy (REMS). Upon request, the license holder of a medication that is not subject to a REMS must provide a product developer with the medication for testing. For a medication subject to a REMS, a product developer must have FDA authorization to obtain the medication before the license holder must provide it. The FDA may authorize a product developer to conduct testing and clinical trials with the medication. A wholesaler or specialty distributor who receives a request from a product developer for a medication for testing may not disclose to the license holder the identity of the product developer. The FDA may prohibit or limit transfer of a medication to a product developer if the transfer poses an imminent hazard to public health. License holders are not liable for claims arising from a product developer testing the medication. The FDA may waive the requirement that a drug use a single, shared system of elements to assure safe use with a comparable approved drug if the product developer is unable to finalize terms for a shared system with the license holder of the approved drug. | {"src": "billsum_train", "title": "FAST Generics Act of 2015"} | 3,454 | 330 | 0.559084 | 1.802028 | 0.695777 | 2.76087 | 11.068841 | 0.898551 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Job Creation and
Urban Revitalization Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increased investment in job creating small business concerns.
Sec. 3. Updating definition of low-income geographic area.
Sec. 4. Expanded uses for operational assistance for small business
concerns located in areas of high
unemployment.
Sec. 5. Definition of area of high unemployment.
Sec. 6. Nationwide distribution of companies to generate new employment
opportunities.
Sec. 7. Limitation on time for final approval.
Sec. 8. Elimination of matching requirement for areas with high
unemployment and areas designated as an
urban manufacturing revitalization area.
Sec. 9. Urban manufacturing revitalization areas.
Sec. 10. Simplified formula for operational assistance grants.
Sec. 11. Expanding operational assistance to conditionally approved
companies.
Sec. 12. Authorization of appropriations.
Sec. 13. Streamlined application for New Markets Venture Capital
Program.
SEC. 2. INCREASED INVESTMENT IN JOB CREATING SMALL BUSINESS CONCERNS.
(a) Developmental Venture Capital and Participation Agreements.--
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689) is amended--
(1) in paragraph (1) by inserting after ``geographic
areas'' the following: ``or encouraging the growth or
continuation of small business concerns located in areas of
high unemployment''; and
(2) in paragraph (6)(B) by inserting after ``geographic
areas'' the following: ``or in small business concerns located
in areas of high unemployment''.
(b) Purposes.--Section 352 of the Small Business Investment Act of
1958 (15 U.S.C. 689a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) to promote economic development in low-income
geographic areas and to create job opportunities in areas of
high unemployment by encouraging developmental venture capital
investments in smaller enterprises and small business concerns
primarily located in such areas; and''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by
inserting after ``geographic areas'' the following:
``and small business concerns located in areas of high
unemployment'';
(B) in subparagraph (B) by inserting after
``geographic areas'' the following: ``or in small
business concerns located in areas of high
unemployment''; and
(C) in subparagraph (C) by inserting after
``smaller enterprises'' the following: ``and small
business concerns''.
(c) Eligibility, Applications, and Requirements for Final
Approval.--Section 354 of the Small Business Investment Act of 1958 (15
U.S.C. 689c) is amended--
(1) in subsection (a)(3) by inserting after ``geographic
areas'' the following: ``or investing in small business
concerns located in areas of high unemployment'';
(2) in subsection (b)--
(A) in paragraph (1) by inserting after
``geographic areas'' the following: ``or in small
business concerns located in areas of high
unemployment''; and
(B) in paragraph (4) by inserting after ``smaller
enterprises'' the following: ``or small business
concerns''; and
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Each'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each''; and
(ii) by adding at the end the following:
``(B) Small business concerns located in areas of
high unemployment.--Each conditionally approved company
engaged primarily in development of and investment in
small business concerns located in areas of high
unemployment shall raise not less than $3,000,000 of
private capital or binding capital commitments from one
or more investors (other than agencies or departments
of the Federal Government) who met criteria established
by the Administrator.''; and
(B) in paragraph (2)(A) by inserting after
``smaller enterprises'' the following: ``or small
business concerns''.
(d) Operational Assistance Grants.--Section 358 of the Small
Business Investment Act of 1958 (15 U.S.C. 689g) is amended--
(1) in subsection (a)(1) by inserting after ``smaller
enterprises'' the following: ``and small business concerns'';
and
(2) in subsection (b)(1) by inserting after ``smaller
enterprises'' the following: ``and small business concerns''.
SEC. 3. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689), as amended by section 2 of this Act, is further amended--
(1) by striking paragraphs (2) and (3);
(2) by inserting after paragraph (1) the following:
``(2) Low-income geographic area.--The term `low-income
geographic area' has the meaning given the term `low-income
community' in section 45D(e) of the Internal Revenue Code of
1986, except that, without regard to that meaning, the term
includes an area of high unemployment.''; and
(3) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
SEC. 4. EXPANDED USES FOR OPERATIONAL ASSISTANCE FOR SMALL BUSINESS
CONCERNS LOCATED IN AREAS OF HIGH UNEMPLOYMENT.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689), as amended by this Act, is further amended in paragraph (4) (as
so redesignated by section 3 of this Act) by inserting after ``business
development'' the following: ``and, with respect to a small business
concern located in an area of high unemployment, assistance that
assists the concern with retooling, updating, or replacing machinery or
equipment''.
SEC. 5. DEFINITION OF AREA OF HIGH UNEMPLOYMENT.
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C.
689), as amended by this Act, is further amended by adding at the end
the following:
``(8) Area of high unemployment.--The term `area of high
unemployment' means a geographic area that the Administrator
determines has an unemployment rate that exceeds the national
unemployment rate.''.
SEC. 6. NATIONWIDE DISTRIBUTION OF COMPANIES TO GENERATE NEW EMPLOYMENT
OPPORTUNITIES.
Paragraph (3) of section 354(c) of the Small Business Investment
Act of 1958 (15 U.S.C. 689c(c)) is amended to read as follows:
``(3) Geographic expansion.--In selecting companies under
paragraph (1), the Administrator shall consider the need to
promote investment nationwide and shall, to the extent
practicable, select at least 1 company from each geographic
region of the Small Business Administration.''.
SEC. 7. LIMITATION ON TIME FOR FINAL APPROVAL.
Section 354(d) of the Small Business Investment Act of 1958 (15
U.S.C. 689c(d)) is amended in the matter preceding paragraph (1) by
striking ``a period of time, not to exceed 2 years,'' and inserting ``2
years''.
SEC. 8. ELIMINATION OF MATCHING REQUIREMENT FOR AREAS WITH HIGH
UNEMPLOYMENT AND AREAS DESIGNATED AS AN URBAN
MANUFACTURING REVITALIZATION AREA.
Section 354(d)(2)(A)(i)(III) of the Small Business Investment Act
of 1958 (15 U.S.C. 689c(d)(2)(A)(i)(III)) is amended by inserting after
``under paragraph (1)'' the following: ``, except that this subclause
shall not apply to a company the Administrator determines is primarily
serving small business concerns located in an area of high unemployment
or in an area designated as an urban manufacturing revitalization area
under subsection (f)''.
SEC. 9. URBAN MANUFACTURING REVITALIZATION AREAS.
(a) In General.--Section 354 of the Small Business Investment Act
of 1958 (15 U.S.C. 689c), as amended by this Act, is further amended by
adding at the end the following:
``(f) Urban Manufacturing Revitalization Areas.--
``(1) In general.--In approving companies under this
section to participate in the New Markets Venture Capital
Program, the Administrator may approve a company to serve,
throughout all States, solely small business concerns located
in areas designated as an urban manufacturing revitalization
area under paragraph (2).
``(2) Designation.--For purposes of paragraph (1), the
Administrator may designate an area as an urban manufacturing
revitalization area if--
``(A) the area is a low-income geographic area;
``(B) the Administrator determines the area is an
urban area; and
``(C) the Administrator determines there is, or was
during the preceding 10-year period, a substantial
presence of businesses in the area the primary business
of which is classified in sector 31, 32, or 33 of the
North American Industrial Classification System.
``(3) Consideration.--In approving a company under
paragraph (1), the Administrator shall give priority to a
company that demonstrates a strong commitment to and experience
in revitalizing and redeveloping urban areas through investment
in and the provision of management and technical assistance to
small business concerns in those areas.
``(4) Coordination.--The Administrator shall work to
coordinate and make available to small business concerns served
by a company approved under paragraph (1) the resources
provided under the entrepreneurial development, contracting,
and financing programs of the Administration.
``(5) Increasing procurement opportunities.--The
Administrator shall designate at least 1 procurement center
representative or commercial market representative to identify
procurement opportunities for small business concerns served by
a company approved under paragraph (1).''.
(b) Capital Requirement.--Section 354(d)(1) of the Small Business
Investment Act of 1958 (15 U.S.C. 689c(d)(1)) is amended by adding at
the end the following:
``(C) Small business concerns located in urban
manufacturing revitalization areas.--Each conditionally
approved company engaged primarily in development of
and investment in small business concerns located in
areas designated as urban manufacturing revitalization
areas under subsection (f) shall raise not less than
$2,000,000 of private capital or binding capital
commitments from one or more investors (other than
agencies or departments of the Federal Government) who
met criteria established by the Administrator.''.
SEC. 10. SIMPLIFIED FORMULA FOR OPERATIONAL ASSISTANCE GRANTS.
Subparagraph (A) of section 358(a)(4) of the Small Business
Investment Act of 1958 (15 U.S.C. 689g(a)(4)) is amended--
(1) by striking ``shall be equal to'' and all that follows
through the period at the end and inserting ``shall be equal to
the lesser of--''; and
(2) by adding at the end the following:
``(i) 10 percent of the resources (in cash
or in kind) raised by the company under section
354(d)(2); or
``(ii) $1,000,000.''.
SEC. 11. EXPANDING OPERATIONAL ASSISTANCE TO CONDITIONALLY APPROVED
COMPANIES.
Section 358(a) of the Small Business Investment Act of 1958 (15
U.S.C. 689g(a)) is amended by adding at the end the following:
``(6) Grants to conditionally approved companies.--
``(A) In general.--Subject to the provisions of
this paragraph, upon the request of a company
conditionally approved under section 354(c), the
Administrator is authorized to make a grant to the
company under this subsection.
``(B) Repayment by companies not approved.--If a
company receives a grant under this paragraph and does
not receive final approval under section 354(e), the
company shall repay the amount of the grant to the
Administrator.
``(C) Deduction from grant to approved company.--If
a company receives a grant under this paragraph and
receives final approval under section 354(e), the
Administrator shall deduct the amount of such grant
from the amount of any immediately succeeding grant the
company receives for operational assistance.
``(D) Amount of grant.--No company may receive a
grant of more than $50,000 under this paragraph.''.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
Section 368(a) of the Small Business Investment Act of 1958 (15
U.S.C. 689q(a)) is amended--
(1) in the matter preceding paragraph (1) by striking
``fiscal years 2001 through 2006'' and inserting ``fiscal years
2012 and 2013'';
(2) in paragraph (1)--
(A) by striking ``$150,000,000'' and inserting
``$75,000,000''; and
(B) by inserting before the period at the end the
following: ``, of which not less than 50 percent shall
be used to guarantee debentures of companies primarily
serving small business concerns located in areas of
high unemployment''; and
(3) in paragraph (2)--
(A) by striking ``$30,000,000'' and inserting
``$15,000,000''; and
(B) by inserting before the period at the end the
following: ``, of which not less than 50 percent shall
be used to make grants to companies primarily serving
small business concerns located in areas of high
unemployment''.
SEC. 13. STREAMLINED APPLICATION FOR NEW MARKETS VENTURE CAPITAL
PROGRAM.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Small Business Administration shall prescribe
standard documents for a New Markets Venture Capital company final
approval application with respect to section 354(e) of the Small
Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator
shall ensure that the standard documents are designed to substantially
reduce the cost burden of the application process for companies. | Job Creation and Urban Revitalization Act of 2011 - Amends the Small Business Investment Act of 1958 to expand the new markets venture capital program (currently, a program under which venture capital companies provide equity capital investments and operational assistance to small businesses in low-income geographic areas) to areas of high unemployment. Allows the operational assistance that companies provide to small businesses in such high-unemployment areas to include retooling, updating, or replacing of machinery or equipment.
Makes the Small Business Administration (SBA) definition of "low-income geographic area" under the program the same as the definition of "low-income community" under the Internal Revenue Code, except that, without regard to such meaning, the term shall include an area of high unemployment.
Requires the SBA Administrator, in conditionally approving companies to participate in the program, to select at least one company from each SBA geographic region.
Directs the Administrator to allow conditionally-approved companies two years (currently, a period of time not to exceed two years) to satisfy capital and other requirements for final approval.
Exempts from a requirement that conditionally-approved companies have certain binding capital commitments in order to provide operational assistance, companies primarily serving small businesses in areas of: (1) high unemployment, or (2) urban manufacturing revitalization.
Authorizes the Administrator to approve a company to serve, throughout all states, solely small businesses in urban manufacturing revitalization areas.
Reduces to $3 million the minimum capital requirements for final approval of conditionally-approved companies engaged primarily in development of and investment in small businesses located in areas of high unemployment. Reduces to $2 million such capital requirements for conditionally-approved companies so engaged primarily with small businesses in urban manufacturing revitalization areas. (Current law would otherwise require any conditionally-approved company to raise at least $5 million.)
Revises the formula for operational assistance grants.
Authorizes such grants to conditionally-approved companies (up to $50,000 per company), provided that repayment is made if such companies do not receive final approval. | {"src": "billsum_train", "title": "To amend the Small Business Investment Act of 1958 to improve the New Markets Venture Capital Program, and for other purposes."} | 3,263 | 436 | 0.648798 | 2.173923 | 0.842191 | 2.595477 | 7.173367 | 0.876884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Accounting Office Oversight
and Improvement Act of 1993''.
TITLE I--INSPECTOR GENERAL OF THE GENERAL ACCOUNTING OFFICE
SEC. 101. ESTABLISHMENT OF INSPECTOR GENERAL.
(a) In General.--Chapter 7 of title 31, United States Code, is
amended--
(1) by redesignating section 704 as section 705; and
(2) by inserting after section 703 the following new
section:
``Sec. 704. Inspector general
``(a) There is established the Office of Inspector General within
the General Accounting Office.
``(b) The Inspector General shall be appointed and perform his
duties in accordance with the provisions of section 8F of the Inspector
General Act of 1978.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 31, United States Code, is amended by striking out
the item relating to section 704 and inserting in lieu thereof the
following:
``704. Inspector General.
``705. Relationship to other laws.''.
SEC. 102. SPECIAL PROVISIONS CONCERNING THE GENERAL ACCOUNTING OFFICE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating sections 8E and 8F as sections 8F and
8G, respectively;
(2) in section 8G (as redesignated by paragraph (1) of this
section)--
(A) by striking out ``8C, or 8D'' and inserting in
lieu thereof ``8C, 8D, or 8E''; and
(B) by striking out ``section 8E(a)'' and inserting
in lieu thereof ``section 8F(a)'';
(3) by inserting after section 8D the following new
section:
``special provisions concerning the general accounting office
``Sec. 8E. (a)(1) For purposes of this section the term `Inspector
General' means the Inspector General of the Office of the Inspector
General for the General Accounting Office established under section 704
of title 31, United States Code.
``(2) To the extent provided under section 705 of title 31, United
States Code--
``(A) the General Accounting Office shall be an
establishment under this Act; and
``(B) the Comptroller General of the United States shall be
the head of such establishment under this Act.
``(b)(1) Notwithstanding section 3 of this Act, the Inspector
General--
``(A) shall be appointed jointly by--
``(i) the Majority Leader and Minority Leader of
the Senate; and
``(ii) the Speaker of the House of Representatives
and the Minority Leader of the House of
Representatives; and
``(B) may only be removed from office by a joint resolution
of Congress, after notice and an opportunity for a hearing,
only for--
``(i) permanent disability;
``(ii) inefficiency;
``(iii) neglect of duty;
``(iv) malfeasance; or
``(v) a felony or conduct involving moral
turpitude.
``(2) An Inspector General removed from office under paragraph
(1)(B) may not be reappointed to the office.''; and
(4) in section 11--
(A) in paragraph (1) by inserting ``, and the
Comptroller General of the United States'' before ``;
as the case may be;'' and
(B) in paragraph (2) by inserting ``, and the
General Accounting Office'' before ``; as the case may
be''.
SEC. 103. COMPENSATION.
Section 5315 of title 5, United States Code, is amended by adding
at the end thereof the following:
``Inspector General, General Accounting Office.''.
SEC. 104. REORGANIZATION WITHIN THE GENERAL ACCOUNTING OFFICE.
The Comptroller General may reorganize, consolidate, or terminate
the Office of Special Investigations and transfer or terminate any
function of such Office consistent with the provisions and amendments
made by this title to--
(1) eliminate the performance of any function by the Office
of Special Counsel, which shall be performed by the Inspector
General of the General Accounting Office after the date of the
enactment of this Act; and
(2) provide for greater efficiency by the General
Accounting Office.
TITLE II--GENERAL ACCOUNTING OFFICE FINAL REPORTS AND CONGRESSIONAL
REQUESTS FOR REPORTS
SEC. 201. FINAL REPORTS AND CONGRESSIONAL REQUESTS FOR REPORTS.
(a) In General.--Chapter 7 of title 31, United States Code, is
amended by inserting after section 720 the following new sections:
``Sec. 721. Final reports
``(a) For purposes of this section, the term `agency' means a
department, agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the District of
Columbia government.
``(b)(1) In addition to actions taken under section 718(b)(1), the
Comptroller General shall provide an agency that is relevant to a
report, an opportunity to review any finding of the General Accounting
Office in such report before such report is final and released.
``(2) After providing the review made available under paragraph
(1), the Comptroller General shall include a summary of the agency
response as a part of the final report.
``(c) To the greatest extent practicable consistent with applicable
law, the Comptroller General shall include a list of all organizational
contacts and sources of information used in each final report.
``(d) If a Member of Congress requests the Comptroller General to
withhold the release of a final report to any person, the Comptroller
General may release such report no earlier than 7 days after the date
on which such request is received.
``(e) A final report may not be released, unless the Comptroller
General makes a written determination included in such report that the
General Accounting Office has complied with all internal quality
control procedures.
``Sec. 722. Congressional requests for reports
``(a) No later than 3 days after receiving a request for a report--
``(1) from the chairman of a committee of the Congress, the
Comptroller General shall notify the ranking member of such
committee that such request was received; and
``(2) from the ranking minority member of a committee of
the Congress, the Comptroller General shall notify the chairman
of such committee that such request was received.
``(b)(1) No later than 3 days after approving a request to prepare
a report for a Member of the Congress the Comptroller General shall--
``(A) notify the Majority Leader and the Minority Leader of
the Senate of such approval if the requester is a Senator; and
``(B) notify the Speaker of the House of Representatives
and the Minority Leader of the House of Representatives of such
approval if the requester is a Member of the House of
Representatives.
``(2) The Comptroller General shall provide appropriate
notification for publication in the Congressional Record of all
approvals of requests from Members of Congress to prepare reports. All
such approvals shall be published in the Congressional Record.
``(c) The Comptroller General shall treat all requests from
chairmen and ranking members of committees of the Congress on an equal
basis.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 7 of title 5, United States Code, is amended by inserting after
the item relating to section 720 the following:
``721. Final reports.
``722. Congressional requests for reports.''.
TITLE III--GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE
SEC. 301. ESTABLISHMENT OF GENERAL ACCOUNTING OFFICE PEER REVIEW
COMMITTEE.
There is established the General Accounting Office Peer Review
Committee (hereafter in this title referred to as the ``Committee'').
SEC. 302. MEMBERSHIP.
(a) Appointment.--(1) The members of the Committee shall be
appointed by the Comptroller General of the United States from a list
of individuals jointly nominated by the Majority Leader and the
Minority Leader of the Senate, and a list of individuals jointly
nominated by the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.
(2) The Comptroller General shall designate one of the members
appointed under paragraph (1) to serve as Chairman of the Committee.
(3) The Comptroller General shall appoint an appropriate individual
to fill any vacancy which may occur on the Committee.
(b) Members.--The Committee shall be composed of no more than 15
members of whom--
(1) 2 members shall be Senators, who shall not be members
of the same political party;
(2) 2 members shall be Members of the House of
Representatives who shall not be members of the same political
party;
(3) 2 members shall be Inspectors General of executive
agencies;
(4) 2 members shall be individuals who are not Federal
officers or employees; and
(5) 7 members shall have experience or expertise in Federal
administrative policymaking, procedure, and processes.
(c) Ex Officio Member.--The Comptroller General shall serve as a
nonvoting ex officio member of the Committee.
(d) Compensation.--(1) No member of the Committee who is a Federal
officer or employee shall receive compensation for service to the
Committee.
(2) Notwithstanding section 1342 of title 31, United States Code,
no member of the Committee who is not a Federal officer or employee
shall receive compensation for service to the Committee.
(e) Travel Expenses.--The members of the Committee who are not
Federal officers and employees shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Committee.
SEC. 303. FUNCTIONS OF THE COMMITTEE.
The Committee shall--
(1) recommend a formal process and standards for review
under which agencies, and affected parties may appeal to the
General Accounting Office to correct factual errors, and to
reconsider findings contained in General Accounting Office
studies, audits, investigations, and reports which are based on
or substantially influenced by erroneous information, or
previously unconsidered information;
(2) recommend procedures to notify the Congress, the
public, and the media of modifications or retractions to
studies, audits, investigations, and reports following a review
described under paragraph (1);
(3) review policies and guidelines, and recommend
improvements to eliminate inappropriate advocacy of policy or
the expression of unsubstantiated conclusions within General
Accounting Office reports and testimony;
(4) recommend improvements to ensure that General
Accounting Office work product is fair, factual, unbiased,
professional and consistent with the purposes for which the
General Accounting Office was established;
(5) review the General Accounting Office's internal quality
control procedures, including--
(A) Government Auditing Standards;
(B) the General Accounting Office's Communications
Manual;
(C) the General Accounting Office Policy Procedures
Manual; and
(D) the Post-Assignment Quality Review System;
(6) recommend procedures for making the requester of any
service by the General Accounting Office to remain anonymous to
the General Accounting Office team members conducting and
overseeing the relevant investigation and reporting activities;
(7) review the General Accounting Office's policies and
procedures, and make recommendations to eliminate duplicative
or superfluous auditing and investigative activities;
(8)(A) provide an estimate to the Congress on the number of
annual man-hours and costs incurred by respondents to General
Accounting Office audits; and
(B) recommend policies, guidelines or procedures to reduce
compliance costs without adversely affecting the necessary
activities of General Accounting Office auditors or the quality
of work product; and
(9) make recommendations to the Comptroller General and the
Congress on measures to--
(A) improve professionalism, impartiality,
independence, and excellence within the General
Accounting Office;
(B) improve hiring practices, employee training and
morale, administrative structure and policies; and
(C) further the purposes for which the General
Accounting Office was established.
SEC. 304. IMPLEMENTATION OF RECOMMENDATIONS.
(a) In General.--To the greatest extent practicable consistent with
applicable law, the Comptroller General shall implement the
recommendations of the Committee (including the establishment or
modification of procedures, guidelines, and standards).
(1) Upon the termination of the Committee the Comptroller
shall submit to Congress a report on the recommendations made
pursuant to this Act.
(b) Notification to the Congress.--No later than 90 days after the
date of the termination of the Committee, the Comptroller General shall
notify the Majority Leader and the Minority Leader of the Senate, and
the Speaker of the House of Representatives and the Minority Leader of
the House of Representatives of any Committee recommendation that the
Comptroller General is unable to implement and the specific reason for
such inability.
SEC. 305. SUPPORT SERVICES.
The General Accounting Office shall provide administrative and
support services for the Committee.
SEC. 306. FEDERAL ADVISORY COMMITTEE ACT.
The provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Committee.
SEC. 307. TERMINATION OF COMMITTEE.
The Committee shall terminate 1 year after the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Inspector General of the General Accounting Office
Title II: General Accounting Office Final Reports and
Congressional Requests for Reports
Title III: General Accounting Office Peer Review Committee
General Accounting Office Oversight and Improvement Act of 1993 -
Title I: Inspector General of the General Accounting Office
- Amends the Inspector General Act of 1978 and other Federal law to: (1) establish an Office of Inspector General in the General Accounting Office (GAO); (2) require the GAO Inspector General (IG) to be appointed jointly by the Speaker and the Minority Leader of the House and the leadership of the Senate; (3) allow removal only for cause; and (4) set the IG's annual salary.
(Sec. 104) Authorizes the Comptroller General (CG) to make changes with regard to GAO's Office of Special Investigations that are consistent with this title.
Title II: General Accounting Office Final Reports and Congressional Requests for Reports
- Amends Federal law to require the CG to: (1) provide an agency of the Federal Government or the District of Columbia government relevant to a report an opportunity to review any finding of GAO in such report before it is final and released; (2) include a summary of the post-review agency response in the final report; and (3) include, to the greatest extent practicable, a list of all organizational contacts and informational sources used in each final report.
(Sec. 201) Authorizes the CG to release a final report no earlier than seven days after receiving a Member of Congress' request to withhold such release.
Prohibits release of a final report unless the CG includes in it a written determination that GAO has complied with all internal quality control procedures.
Sets forth procedures for releasing or preparing a report upon request by committee chairmen, ranking minority members, or individual Members. Requires CG to treat all requests from committee chairmen and ranking members on an equal basis.
Title III: General Accounting Office Peer Review Committee
- Establishes the General Accounting Office Peer Review Committee. Lists Committee functions, which include recommending a formal process and standards for review under which agencies, and affected parties, may appeal to GAO for correction of factual errors and for reconsideration of study, audit, investigation, and report findings based on erroneous or unconsidered information.
(Sec. 304) Requires the CG to implement Committee recommendations to the greatest extent practicable consistent with applicable law. | {"src": "billsum_train", "title": "General Accounting Office Oversight and Improvement Act of 1993"} | 3,062 | 551 | 0.496782 | 1.577981 | 0.574616 | 2.918367 | 5.67551 | 0.869388 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Exposure Mitigation Act of
2017''.
SEC. 2. OPT-OUT OF MANDATORY COVERAGE REQUIREMENT FOR COMMERCIAL
PROPERTIES.
(a) Amendments to Flood Disaster Protection Act of 1973.--The Flood
Disaster Protection Act of 1973 is amended--
(1) in section 3(a) (42 U.S.C. 4003(a))--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(12) `residential improved real estate' means improved
real estate that--
``(A) is primarily used for residential purposes,
as defined by the Federal entities for lending
regulation; and
``(B) secures financing or financial assistance
provided through a federally related single family loan
progam, as defined by the Federal entities for lending
regulation.''; and
(2) in section 102 (42 U.S.C. 4012a)--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) by inserting ``residential''
before ``improved real estate''; and
(II) by inserting ``residential''
before ``building or mobile home'';
(ii) in paragraph (2)--
(I) by inserting ``residential''
before ``improved real estate''; and
(II) by inserting ``residential''
before ``building or mobile home''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by
inserting ``residential'' before
``improved real estate''; and
(II) in the matter after and below
subparagraph (B), by inserting
``residential'' before ``building or
mobile home'';
(B) in subsection (c)(3), by striking ``, in the
case of any residential property, for any structure
that is a part of such property'' and inserting ``for
any structure that is part of a residential property'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by inserting ``residential''
before ``improved real estate''; and
(II) by inserting ``residential''
before ``building or mobile home'' each
place such term appears; and
(ii) in paragraph (5)--
(I) in subparagraph (A)--
(aa) by inserting
``residential'' before
``improved real estate'' each
place such term appears; and
(bb) by inserting
``residential'' before
``building or mobile home''
each place such term appears;
(II) in subparagraph (B), by
inserting ``residential'' before
``building or mobile home'' each place
such term appears; and
(III) in subparagraph (C), by
inserting ``residential'' before
``building or mobile home''; and
(D) in subsection (h)--
(i) by inserting ``residential'' before
``improved real estate'' each place such term
appears; and
(ii) in the matter preceding paragraph (1),
by inserting ``residential'' before ``building
or mobile home''.
(b) Amendments to National Flood Insurance Act of 1968.--The
National Flood Insurance Act of 1968 is amended--
(1) in section 1364(a) (42 U.S.C. 4104a(a))--
(A) in paragraph (1), by inserting ``residential''
before ``improved real estate'';
(B) in paragraph (2), by inserting ``residential''
before ``improved real estate''; and
(C) in paragraph (3)(A), by inserting
``residential'' before ``building'';
(2) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a)--
(i) by inserting ``residential'' before
``improved real estate''; and
(ii) by inserting ``residential'' before
``building'';
(B) in subsection (b)(2)--
(i) by inserting ``residential'' before
``building'' each place such term appears; and
(ii) by inserting ``residential'' before
``improved real estate'' each place such term
appears;
(C) in subsection (d), by inserting ``residential''
before ``improved real estate'' each place such term
appears; and
(D) in subsection (e)--
(i) by inserting ``residential'' before
``improved real estate''; and
(ii) by inserting ``residential'' before
``building'' each place such term appears; and
(3) in section 1370 (42 U.S.C. 4121)--
(A) in paragraph (8), by inserting ``residential''
before ``improved real estate'';
(B) by redesignating paragraphs (14) and (15) as
paragraphs (15) and (16), respectively; and
(C) by inserting after paragraph (13) the following
new paragraph:
``(14) the term `residential improved real estate' means
improved real estate that--
``(A) is primarily used for residential purposes,
as defined by the Federal entities for lending
regulation; and
``(B) secures financing or financial assistance
provided through a federally related single family loan
progam, as defined by the Federal entities for lending
regulation;''.
(c) Rule of Construction.--This section and the amendments made by
this section may not be construed to prohibit the Administrator of the
Federal Emergency Management Agency from offering flood insurance
coverage under the National Flood Insurance Program for eligible non-
residential properties, other residential multifamily properties, or
structures financed with commercial loans, or to prohibit the purchase
of such coverage for such eligible properties.
SEC. 3. RISK TRANSFER REQUIREMENT.
Subsection (e) of section 1345 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4081(e)) is amended--
(1) by striking ``(e) Risk Transfer.--The Administrator''
and inserting the following:
``(e) Risk Transfer.--
``(1) Authority.--The Administrator''; and
(2) by adding at the end the following new paragraph:
``(2) Required risk transfer coverage.--
``(A) Requirement.--Not later than the expiration
of the 18-month period beginning upon the date of the
enactment of this paragraph and at all times
thereafter, the Administrator shall annually cede a
portion of the risk of the flood insurance program
under this title to the private reinsurance or capital
markets, or any combination thereof, and at rates and
terms that the Administrator determines to be
reasonable and appropriate, in an amount that--
``(i) is sufficient to maintain the ability
of the program to pay claims; and
``(ii) manages and limits the annual
exposure of the flood insurance program to
flood losses in accordance with the probable
maximum loss target established for such year
under subparagraph (B).
``(B) Probable maximum loss target.--The
Administrator shall for each fiscal year, establish a
probable maximum loss target for the national flood
insurance program that shall be the maximum probable
loss under the national flood insurance program that is
expected to occur in such fiscal year.
``(C) Considerations.--In establishing the probable
maximum loss target under subparagraph (B) for each
fiscal year and carrying out subparagraph (A), the
Administrator shall consider--
``(i) the probable maximum loss targets for
other United States public natural catastrophe
insurance programs, including as State wind
pools and earthquake programs;
``(ii) the probable maximum loss targets of
other risk management organizations, including
the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation;
``(iii) catastrophic, actuarial, and other
appropriate data modeling results of the
national flood insurance program portfolio;
``(iv) the availability of funds in the
National Flood Insurance Fund established under
section 1310 (42 U.S.C. 4017);
``(v) the availability of funds in the
National Flood Insurance Reserve Fund
established under section 1310A (42 U.S.C.
4017a);
``(vi) the availability of borrowing
authority under section 1309 (42 U.S.C. 4016);
``(vii) the ability of the Administrator to
repay outstanding debt;
``(viii) amounts appropriated to the
Administrator to carry out the national flood
insurance program;
``(ix) reinsurance, capital markets,
catastrophe bonds, collateralized reinsurance,
resilience bonds, and other insurance-linked
securities, and other risk transfer
opportunities; and
``(x) any other factor the Administrator
determines appropriate.
``(D) Multi-year contracts.--Nothing in this
paragraph may be construed to prevent or prohibit the
Administrator from complying with the requirement under
subparagraph (A) regarding ceding risk through
contracts having a duration longer than one year.''.
SEC. 4. COMMUNITY FLOOD MAPS.
(a) Technical Mapping Advisory Council.--Section 100215 of the
Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101a) is
amended--
(1) in subsection (c)--
(A) in paragraph (5)(B), by striking ``and'' at the
end;
(B) by redesignating paragraph (6) as paragraph
(9); and
(C) by inserting after paragraph (5) the following
new paragraphs:
``(6) recommend to the Administrator methods or actions to
make the flood mapping processes more efficient;
``(7) recommend to the Administrator methods or actions to
minimize any cost, data, and paperwork requirements of the
flood mapping processes;
``(8) assist communities, and in particular smaller
communities, in locating the resources required to participate
in the development of flood elevations and flood hazard area
designations; and''; and
(2) by adding at the end the following new subsection:
``(m) Community Flood Maps.--
``(1) Standards and procedures.--In addition to the other
duties of the Council under this section, not later than the
expiration of the 12-month period beginning on the date of the
enactment of this subsection, the Council shall recommend to
the Administrator standards and requirements for chief
executive officers, or entities designated by chief executive
officers, of States and communities participating in the
National Flood Insurance Program to use in mapping flood
hazards located in States and communities that choose to
develop alternative maps to the flood insurance rate maps
developed by the Agency. The recommended standards and
requirements shall include procedures for providing
notification and appeal rights to individuals within the
communities of the proposed flood elevation determinations.
``(2) Exemption from rulemaking.--Until such time as the
Administrator promulgates regulations implementing paragraph
(1) of this subsection, the Administrator may, notwithstanding
any other provision of law, adopt policies and procedures
necessary to implement such paragraphs without undergoing
notice and comment rulemaking and without conducting regulatory
analyses otherwise required by statute, regulation, or
executive order.''.
(b) FEMA Identification of Flood-prone Areas.--Subsection (a) of
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101(a)) is amended--
(1) in paragraph (2), by striking the period at the end and
inserting ``; and'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A), and (B), respectively, and realigning such
subparagraphs so as to be indented 4 ems from the left margin;
(3) by striking ``is authorized to consult'' and inserting
the following: ``is authorized--
``(1) to consult'';
(4) by adding at the end the following new paragraph:
``(2) to receive proposed alternative maps from communities
developed pursuant to standards and requirements recommended by
the Technical Mapping Advisory Council, as required by section
100215(m) of the Biggert-Waters Flood Insurance Reform Act of
2012 (42 U.S.C. 4101a(m)) and adopted by the Administrator as
required by section 100216(c)(3) of such Act (42 U.S.C.
4101b(c)(3)), so that the Administrator may--
``(A) publish information with respect to all flood
plain areas, including coastal areas located in the
United States, which have special flood hazards, and
``(B) establish or update flood-risk zone data in
all such areas, and make estimates with respect to the
rates of probable flood caused loss for the various
flood risk zones for each of these areas until the date
specified in section 1319.''.
(c) National Flood Mapping Program.--Section 100216 of the Biggert-
Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4101b) is
amended--
(1) in subsection (a), by inserting ``prepared by the
Administrator, or by a community pursuant to section 1360(a)(2)
of the National Flood Insurance Act of 1968,'' after ``Program
rate maps'';
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``and'' at the
end;
(B) in paragraph (2)(C), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(3) establish and adopt standards and requirements for
development by States and communities of alternative flood
insurance rate maps to be submitted to the Administrator
pursuant to section 1360(a)(2) of the National Flood Insurance
Act of 1968, taking into consideration the recommendations of
the Technical Mapping Advisory Council made pursuant to section
100215(m) of this Act (42 U.S.C. 4101a(m)); and
``(4) in the case of proposed alternative maps received by
the Administrator pursuant to such section 1360(a)(2), not
later than the expiration of the 6-month period beginning upon
receipt of such proposed alternative maps--
``(A) determine whether such maps were developed in
accordance with the standards and requirements adopted
pursuant to paragraph (3) of this subsection; and
``(B) approve or disapprove such proposed maps for
use under National Flood Insurance Program.''; and
(3) in subsection (d)(1), by inserting ``maximum'' before
``30-day period'' each place such term appears in subparagraphs
(B) and (C). | Taxpayer Exposure Mitigation Act of 2017 This bill amends the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 to limit the required purchase of flood insurance in certain circumstances to only residential properties (currently, the requirement applies to all types of property). It also requires the Federal Emergency Management Agency (FEMA) to annually transfer a portion of the risk from the National Flood Insurance Program (NFIP) to private reinsurance or capital markets. The amount of transferred risk must be based on a probable maximum loss target for NFIP established by FEMA each fiscal year. The bill amends the Biggert-Waters Flood Insurance Reform Act of 2012 to require FEMA to establish standards for the development of alternative flood insurance rate maps by local and state governments. FEMA must consider recommendations made by the Technical Mapping Advisory Council when establishing these standards. FEMA must approve the use of these alternative maps under NFIP. | {"src": "billsum_train", "title": "Taxpayer Exposure Mitigation Act of 2017"} | 3,368 | 201 | 0.440376 | 1.207553 | 0.606711 | 2.494186 | 17.726744 | 0.843023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-Time Homebuyer Savings Account
Act of 2016''.
SEC. 2. FIRST-TIME HOMEBUYER ACCOUNT.
(a) In General.--Part VIII of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 530A. FIRST-TIME HOMEBUYER ACCOUNT.
``(a) In General.--A first-time homebuyer account shall be exempt
from taxation under this subtitle. Notwithstanding the preceding
sentence, the first-time homebuyer account shall be subject to the
taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable organizations).
``(b) First-Time Homebuyer Account.--The term `first-time homebuyer
account' means a trust created or organized in the United States
exclusively for the purpose of paying the qualified principal residence
purchase expenditures of an individual who is the designated
beneficiary of the trust (and designated as a first-time homebuyer
account at the time created or organized), but only if the written
governing instrument creating the trust meets the following
requirements:
``(1) No contribution will be accepted--
``(A) unless it is in cash,
``(B) except in the case of a rollover
contribution, if such contribution would result in
aggregate contributions--
``(i) for the taxable year exceeding
$14,000 (200 percent of such amount in effect
for the taxable year in the case of individuals
who are married, own a first-time homebuyer
account jointly, and file a joint return for
the taxable year),
``(ii) for all taxable years exceeding
$50,000, and
``(C) if the fair market value of the account to
exceeds, or to the extent such contribution would
result in the fair market value of the account
exceeding, $150,000.
``(2) The trustee is a bank (as defined in section 408(n))
or another person who demonstrates to the satisfaction of the
Secretary that the manner in which that person will administer
the trust will be consistent with the requirements of this
section or who has so demonstrated with respect to any
individual retirement plan.
``(3) No part of the trust assets will be invested in life
insurance contracts.
``(4) The assets of the trust shall not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Qualified Principal Residence Purchase Expenditures.--For
purposes of this section--
``(1) In general.--The term `qualified principal residence
purchase expenditures' means, with respect to a designated
beneficiary who is a first-time homebuyer--
``(A) any amount paid toward the purchase price of
a principal residence of the beneficiary,
``(B) any amount required to be paid to settle the
purchase of such residence, and
``(C) any amount required to be paid by the
beneficiary to obtain acquisition indebtedness with
respect to such residence.
``(2) Purchase price.--The term `purchase price' means the
adjusted basis of the residence on the date such residence is
purchased.
``(d) Tax Treatment.--
``(1) Distributions.--
``(A) In general.--If distributions from a first-
time homebuyer account for the taxable year do not
exceed the qualified principal residence purchase
expenditures of the designated beneficiary for the
taxable year, no amount shall be includible in gross
income.
``(B) Distributions in excess of expenditures.--If
such distributions exceed such expenditures for the
taxable year, such distributions shall be includible in
the gross income of the distributee in the manner as
provided in section 72 (to the extent not excluded from
gross income under any other provision of this
chapter), reduced by an amount which bears the same
ratio to the amount otherwise so includible as such
expenses bear to such distributions.
``(C) Additional tax for distributions not used for
first-time homebuyer purposes.--
``(i) In general.--The tax imposed by this
chapter for any taxable year on any taxpayer
who receives a payment or distribution from a
first-time homebuyer account which is
includible in gross income shall be increased
by the applicable percentage of the amount
which is so includible.
``(ii) Applicable percentage.--For purposes
of clause (i), the applicable percentage is--
``(I) in the case of a payment or
distribution made not later than 10
years after the date of the first
contribution to the account, 5 percent,
and
``(II) in the case of any other
payment or distribution, 10 percent.
``(iii) Exceptions.--Clause (i) shall not
apply if the payment or distributions--
``(I) is made to a beneficiary (or
to the estate of the designated
beneficiary) on or after the death of
the designated beneficiary,
``(II) is attributable to the
designated beneficiary's being disabled
(within the meaning of section
72(m)(7)), or
``(III) are made under rules
similar to the rules under section
408(d)(4) (relating to contributions
returned before due date of return).
``(D) Rollovers.--Subparagraph (A) shall not apply
to any amount paid or distributed from a first-time
homebuyer account to the extent that the amount
received is paid, not later than the 60th day after the
date of such payment or distribution, into another
first-time homebuyer account for the benefit of the
same beneficiary. The preceding sentence shall not
apply to any payment or distribution if it applied to
any prior payment or distribution during the 12-month
period ending on the date of the payment or
distribution.
``(E) Change in beneficiary.--Any change in the
beneficiary of a first-time homebuyer account shall not
be treated as a distribution for purposes of
subparagraph (A).
``(F) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section for any qualified principal residence
purchase expenditures to the extent taken into account
in determining the amount of the exclusion under this
paragraph.
``(2) Estate and gift tax with respect to the account.--
Rules similar to the rules of paragraphs (2), (4), and (5) of
section 529(c) shall apply for purposes of this section.
``(3) Tax treatment after death of account holder.--
``(A) Jointly held accounts.--In the case of a
first-time homebuyer account which was jointly held by
spouses, if the surviving spouse acquires the deceased
spouse's interest in a first-time homebuyer account by
reason of being the designated beneficiary of such
account at the death, such account shall be treated as
if the spouse were the sole account holder.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account holder, any person
acquires the account holder's interest in an
first-time homebuyer account in a case to which
subparagraph (A) does not apply--
``(I) such account shall cease to
be a first-time homebuyer account as of
the date of death, and
``(II) an amount equal to the fair
market value of the assets in such
account on such date shall be
includible if such person is not the
estate of such holder, in such person's
gross income for the taxable year which
includes such date, or if such person
is the estate of such holder, in such
holder's gross income for the last
taxable year of such holder.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent or the decedent's spouse) with respect
to amounts included in gross income under
clause (i).
``(e) Other Definitions and Special Rules.--For purposes of this
section--
``(1) First-time homebuyer.--
``(A) In general.--The term `first-time homebuyer'
means any individual if such individual (and if
married, such individual's spouse) has had no present
ownership interest in a principal residence.
``(B) Special rule for divorced individuals.--Any
individual who is divorced and is not described in
subparagraph (A) shall be treated as a first-time
homebuyer for purposes of this section if such
individual had no present ownership interest in a
principal residence since such individual's most recent
divorce and during the 3-year period ending on the date
of the purchase of the principal residence with respect
to which payments from a first-time homebuyer account
are made under this section.
``(2) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(3) Designated beneficiary.--The term `designated
beneficiary' means--
``(A) the individual designated at the commencement
of the first-time homebuyer account as the beneficiary
of amounts paid (or to be paid) to the account, or
``(B) in the case of a change in beneficiaries
described in subsection (d)(1)(C), the individual who
is the new beneficiary
``(4) Account ownership.--Except in the case of individuals
who are married, an account may be owned by only one individual
and may only have one designated beneficiary.
``(5) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 2017, the
dollar amounts under subsection (b)(1) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2007' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount after adjustment under the preceding sentence is
not a multiple of $100, such amount shall be rounded to the
next lower multiple of $100.''.
(b) Excess Contributions.--
(1) In general.--Section 4973(a) of such Code is amended by
striking ``or'' at the end of paragraph (5), by inserting
``or'' at the end of paragraph (6), and by inserting after
paragraph (6) the following new paragraph:
``(7) a first-time homebuyer account (within the meaning of
section 530A),''.
(2) Excess contributions.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(i) Excess Contributions to First-Time Homebuyer Account.--In the
case of a first-time homebuyer account, the term `excess contributions'
means the amount by which the amount contributed for the taxable year
to such account (other than contributions described in section
530A(d)(1)(C) (iv) and (v)) exceeds the contribution limits under
section 530A(b). For purposes of the preceding sentence, any
contribution which is distributed from the account in a distribution to
which section 530A(d)(1)(C)(iii)(III) applies shall be treated as an
amount not contributed.''.
(c) Clerical Amendment.--The table of sections for part VIII of
subchapter F of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 530A. First-time homebuyer account.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | First-Time Homebuyer Savings Account Act of 2016 This bill amends the Internal Revenue Code to provide for tax-preferred savings accounts for first-time homebuyers. An individual may make up to $14,000 per year in after-tax contributions to the account, subject to a $50,000 lifetime contribution limit, a $150,000 limit on the fair market value of the account, and adjustments for inflation after 2017. Distributions from the account that are used to pay the qualified principal residence purchase expenditures of the designated beneficiary are excluded from gross income. A "qualified principal residence purchase expenditure" is, with respect to a designated beneficiary who is a first-time homebuyer, any amount: (1) paid toward the purchase price of a principal residence of the beneficiary, (2) required to be paid to settle the purchase of such residence, or (3) required to be paid by the beneficiary to obtain acquisition indebtedness with respect to the residence. Excess contributions to the account, distributions that exceed the qualified principal residence purchase expenditures of the beneficiary, and distributions that are not used for first-time homebuyer purposes are subject to specified taxes. | {"src": "billsum_train", "title": "First-Time Homebuyer Savings Account Act of 2016"} | 2,697 | 244 | 0.646476 | 1.950227 | 0.806673 | 3.247748 | 11.018018 | 0.896396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Small Conduit
Hydropower Development and Rural Jobs Act of 2012''.
SEC. 2. AUTHORIZATION.
Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
485h(c)) is amended--
(1) by striking ``The Secretary is authorized to enter into
contracts to furnish water'' and inserting ``(1) The Secretary
is authorized to enter into contracts to furnish water'';
(2) by striking ``(1) shall'' and inserting ``(A) shall'';
(3) by striking ``(2) shall'' and inserting ``(B) shall'';
(4) by striking ``respecting the terms of sales of electric
power and leases of power privileges shall be in addition and
alternative to any authority in existing laws relating to
particular projects'' and inserting ``respecting the sales of
electric power and leases of power privileges shall be an
authorization in addition to and alternative to any authority
in existing laws related to particular projects, including
small conduit hydropower development''; and
(5) by adding at the end the following:
``(2) When carrying out this subsection, the Secretary shall first
offer the lease of power privilege to an irrigation district or water
users association operating the applicable transferred work, or to the
irrigation district or water users association receiving water from the
applicable reserved work. The Secretary shall determine a reasonable
time frame for the irrigation district or water users association to
accept or reject a lease of power privilege offer.
``(3) The National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) shall not apply to small conduit hydropower development,
excluding siting of associated transmission on Federal lands, under
this subsection.
``(4) The Power Resources Office of the Bureau of Reclamation shall
be the lead office of small conduit hydropower policy and procedure-
setting activities conducted under this subsection.
``(5) Nothing in this subsection shall obligate the Western Area
Power Administration, the Bonneville Power Administration, or the
Southwestern Power Administration to purchase or market any of the
power produced by the facilities covered under this subsection and none
of the costs associated with production or delivery of such power shall
be assigned to project purposes for inclusion in project rates.
``(6) Nothing in this subsection shall alter or impede the delivery
and management of water by Bureau of Reclamation facilities, as water
used for conduit hydropower generation shall be deemed incidental to
use of water for the original project purposes. Lease of power
privilege shall be made only when, in the judgment of the Secretary,
the exercise of the lease will not be incompatible with the purposes of
the project or division involved, nor shall it create any unmitigated
financial or physical impacts to the project or division involved. The
Secretary shall notify and consult with the irrigation district or
legally organized water users association operating the transferred
work in advance of offering the lease of power privilege and shall
prescribe such terms and conditions that will adequately protect the
planning, design, construction, operation, maintenance, and other
interests of the United States and the project or division involved.
``(7) Nothing in this subsection shall alter or affect any existing
agreements for the development of conduit hydropower projects or
disposition of revenues.
``(8) In this subsection:
``(A) Conduit.--The term `conduit' means any Bureau of
Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or
similar manmade water conveyance that is operated for the
distribution of water for agricultural, municipal, or
industrial consumption and not primarily for the generation of
electricity.
``(B) Irrigation district.--The term `irrigation district'
means any irrigation, water conservation or conservancy
district, multicounty water conservation or conservancy
district, or any separate public entity composed of two or more
such districts and jointly exercising powers of its member
districts.
``(C) Reserved work.--The term `reserved work' means any
conduit that is included in project works the care, operation,
and maintenance of which has been reserved by the Secretary,
through the Commissioner of the Bureau of Reclamation.
``(D) Transferred work.--The term `transferred work' means
any conduit that is included in project works the care,
operation, and maintenance of which has been transferred to a
legally organized water users association or irrigation
district.
``(E) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(F) Small conduit hydropower.--The term `small conduit
hydropower' means a facility capable of producing 1.5 megawatts
or less of electric capacity.''.
Passed the House of Representatives March 7, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act of 2012 - Amends the Reclamation Project Act of 1939 to authorize the Secretary of the Interior (acting through the Bureau of Reclamation) to contract for the development of small conduit hydropower at Bureau facilities.
Defines: (1) "small" as 1.5 megawatts or less; and (2) "conduit" as a tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance.
Requires that power privilege leases be offered first to an irrigation district or water users association operating or receiving water from the applicable transferred or reserved work.
Defines: (1) reserved work as any conduit included in project works whose care, operation, and maintenance has been reserved by the Secretary (through the Bureau); and (2) transferred work as any conduit included in project works whose care, operation, and maintenance has been transferred to a legally organized water users association or irrigation district.
Exempts the small conduit hydropower development authorized by this Act from the National Environmental Policy Act of 1969 (NEPA), except with respect to siting of associated transmission on federal lands.
Makes the Bureau's Power Resources Office the lead office for such small conduit hydropower policy and procedure-setting activities. (Thus excludes such activities from the jurisdiction of the Federal Energy Regulatory Commission [FERC].)
Declares that nothing in this Act shall: (1) obligate specified power administrations to purchase or market the power produced by such facilities, (2) alter or impede the delivery and management of water for original project purposes, or (3) alter or affect any existing agreements for conduit hydropower development projects or disposition of revenues. Deems water used for conduit hydropower generation to be incidental to use of water for the original project purposes.
Allows the lease of power privilege only when the exercise of the lease will not be incompatible with, or create unmitigated financial or physical impacts to, the applicable project or division.
Directs the Secretary to: (1) notify and consult with the appropriate irrigation district or water users association operating a transferred conduit before offering such a lease; and (2) prescribe terms and conditions to protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. | {"src": "billsum_train", "title": "To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes."} | 1,054 | 491 | 0.668274 | 2.394249 | 0.800222 | 4.031111 | 2.22 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bruce Vento Stand Down Act''.
SEC. 2. FINDINGS, COMMENDATION, AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) veterans outreach activities known as ``Stand Down
events'' have proven to be an effective form of outreach and a
successful way to provide assistance to those veterans,
frequently homeless, who have most often not otherwise used or
availed themselves of existing service delivery functions; and
(2) Stand Down events have been most effective when managed
by a committee composed of representatives of the Department of
Veterans Affairs, other agencies (Federal, State, or local),
veteran service organizations, and homeless service providers
and such shared leadership brings to this partnership access to
diverse resources with which to carry out those events.
(b) Sense of Congress Concerning Department of Defense Support.--It
is the sense of Congress that the several branches of the Armed Forces
and the National Guard--
(1) have provided valuable support and services to
establish and maintain the delivery of services to veterans at
Stand Down events; and
(2) should continue to do so to the extent that their
various missions, responsibilities, and roles permit.
(c) Commendation of Veterans' Organizations.--Congress hereby--
(1) commends and recognizes national and local veterans'
organizations, which have provided valuable support and
services to veterans at Stand Down events and have been
instrumental to the success of such events, for their
outstanding contributions to those events; and
(2) strongly encourages those organizations to continue to
provide volunteers and resources for those events.
(d) Purpose.--The purpose of this Act is to authorize the Secretary
of Veterans Affairs--
(1) to provide assistance to meet the needs of all veterans
at Stand Down events; and
(2) to work with veterans service organizations and other
not-for-profit organizations to determine the best means for
organizing and carrying out Stand Down events.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS AUTHORIZATION FOR STAND DOWN
EVENTS.
(a) In General.--(1) Subchapter VII of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1775. Stand Down events
``(a) The Secretary may (directly or in conjunction with a
governmental or other entity)--
``(1) carry out Stand Down events; and
``(2) in connection with any Stand Down event, whether
carried out by the Secretary or by another sponsoring entity--
``(A) provide outreach services;
``(B) use or provide any property and resources of
the Department that the Secretary determines are not
otherwise reasonably needed by the Department; and
``(C) provide any other benefit or service of the
Department that the Secretary considers appropriate.
``(b) For purposes of this section:
``(1) The term `Stand Down event' means an event to provide
target veterans with one to three days of safety and security,
access to assistance such as food, shelter, clothing, benefits
certification, and health care, and any other form of
assistance that the Secretary considers appropriate.
``(2) The term `target veteran' means a veteran who is
without a home, unemployed, experiencing health or social
adjustment challenges, or otherwise in need of assistance.
``(c) The Secretary shall establish and implement a pilot program
under which the Secretary shall carry out (directly or in conjunction
with a governmental or other entity) at least one Stand Down event in
each State during each calendar year. The Secretary may carry out (or
otherwise participate in) as many additional Stand Down events during
any year as the Secretary determines to be needed.
``(d) Not later than February 1 of each year, the Secretary shall
submit to the Congress a report containing--
``(1) for the preceding year, a description of the
implementation of the pilot program established under
subsection (c);
``(2) the Secretary's recommendations, if any, for
legislation regarding the pilot program; and
``(3) any other matter that the Secretary considers
appropriate regarding Stand Down events.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1775. Stand Down events.''.
(b) Effective Dates.--(1) Subsection (c) of section 1775 of title
38, United States Code, as added by subsection (a), shall take effect
beginning with 2002.
(2) The first report under subsection (d) of such section shall be
submitted not later than February 1, 2003. | Bruce Vento Stand Down Act - Expresses the sense of Congress that several branches of the Armed Forces and the National Guard have provided and should continue to provide valuable service in the delivery of services to veterans at Stand Down events (events to provide food, shelter, health care, benefit certification and other help to veterans in need of assistance). Commends veterans' organizations for their outstanding contributions to these events and encourages their continued efforts.Authorizes the Secretary of Veterans Affairs to provide outreach and other services as well as property and resources in support of these events. Requires the Secretary to establish a pilot program to conduct (alone or collaboratively) at least one Stand Down event in each State each year. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to conduct veterans outreach programs known as Stand Down events and to establish a pilot program to provide for an annual Stand Down event in each State."} | 1,009 | 154 | 0.649557 | 1.971281 | 0.8049 | 2.902985 | 7.410448 | 0.902985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Banking Services Costs
Assessment Act of 2001''.
SEC. 2. CONSUMER BANKING COSTS ASSESSMENT.
(a) In General.--Section 1002 of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended
to read as follows:
``SEC. 1002. SURVEY OF BANK FEES AND SERVICES.
``(a) Annual Survey Required.--The Board of Governors of the
Federal Reserve System shall obtain annually a sample, which is
representative by type and size of the institution and geographic
location, of the following retail banking services and products
provided by insured depository institutions and insured credit unions
(along with related fees and minimum balances):
``(1) Checking and other transaction accounts.
``(2) Negotiable order of withdrawal and savings accounts.
``(3) Automated teller machine transactions.
``(4) Other electronic transactions.
``(5) Credit Cards.
``(b) Minimum Survey Requirement.--The annual survey described in
subsection (a) shall meet the following minimum requirements:
``(1) Checking and other transaction accounts.--Data on
checking and transaction accounts shall include, at a minimum,
the following:
``(A) Monthly and annual fees and minimum balances
to avoid such fees.
``(B) Minimum opening balances.
``(C) Check processing fees.
``(D) Check printing fees.
``(E) Balance inquiry fees.
``(F) Fees imposed for using a teller or other
institution employee.
``(G) Stop payment order fees.
``(H) Nonsufficient fund fees.
``(I) Overdraft fees.
``(J) Deposit items returned fees.
``(K) Availability of no-cost or low-cost accounts
for consumers who maintain low balances.
``(2) Negotiable order of withdrawal accounts and savings
accounts.--Data on negotiable order of withdrawal accounts and
savings accounts shall include, at a minimum, the following:
``(A) Monthly and annual fees and minimum balances
to avoid such fees.
``(B) Minimum opening balances.
``(C) Rate at which interest is paid to consumers.
``(D) Check processing fees for negotiable order of
withdrawal accounts.
``(E) Check printing fees for negotiable order of
withdrawal accounts.
``(F) Balance inquiry fees.
``(G) Fees imposed for using a teller or other
institution employee.
``(H) Stop payment order fees for negotiable order
of withdrawal accounts.
``(I) Nonsufficient fund fees for negotiable order
of withdrawal accounts.
``(J) Overdraft fees for negotiable order of
withdrawal accounts.
``(K) Deposit items returned fees.
``(L) Availability of no-cost or low-cost accounts
for consumers who maintain low balances.
``(3) Automated teller transactions.--Data on automated
teller machine transactions shall include, at a minimum, the
following:
``(A) Annual and monthly fees.
``(B) Card fees.
``(C) Fees charged to customers for withdrawals,
deposits, transfers between accounts, balance inquiries
through institution-owned machines.
``(D) Fees charged to customers for withdrawals,
deposits, transfers between accounts, balance inquiries
through machines owned by others.
``(E) Fees charged to noncustomers for withdrawals,
deposits, transfers between accounts, balance inquiries
through institution-owned machines.
``(F) Point-of-sale transaction fees.
``(G) Surcharges.
``(4) Other electronic transactions.--Data on other
electronic transactions shall include, at a minimum, the
following:
``(A) Wire transfer fees.
``(B) Fees related to payments made over the
Internet or through other electronic means.
``(5) Credit card charges and fees.--Data related to credit
cards shall include, at a minimum, the following:
``(A) Application fees.
``(B) Annual and monthly fees.
``(C) Rates of interest charged for purchases and
cash advances, when an account is not in default.
``(D) Rates of interest charged for purchases and
cash advances, when an account is in default.
``(E) Average annual finance charges paid by
customers.
``(F) Late payment fees.
``(G) Cash advance and convenience check fees.
``(H) Balance transfer fees.
``(I) Over-the-credit-limit fees.
``(J) Foreign currency conversion fees.
``(6) Other fees and charges.--Data on any other fees and
charges that the Board of Governors of the Federal Reserve
System determines to be appropriate to meet the purposes of
this section.
``(c) Annual Report to Congress Required.--
``(1) Preparation.--The Board of Governors of the Federal
Reserve System shall prepare a report of the results of each
survey conducted pursuant to subsections (a) and (b).
``(2) Contents of the report.--In addition to the data
required to be collected pursuant to subsections (a) and (b),
each report prepared pursuant to paragraph (1) shall include a
description of any discernible trend, in the Nation as a whole,
in each of the 50 States, and in each metropolitan statistical
area (as defined by the Director of the Office of Management
and Budget), in the cost and availability of the retail banking
services, including those described in subsections (a) and (b)
(including related fees and minimum balances), that delineates
differences between institutions on the basis of the type of
institution, the size of the institution and any engagement of
the institution in multistate activity.
``(3) Submission to congress.--The Board of Governors of
the Federal Reserve System shall submit an annual report to the
Congress not later than June 1, 2002, and not later than June 1
of each subsequent year.
``(d) Definitions.--For purposes of this section, the term `insured
depository institution' has the meaning given such term in section 3 of
the Federal Deposit Insurance Act, and the term `insured credit union'
has the meaning given such term in section 101 of the Federal Credit
Union Act.''.
(b) Repeal of Sunset Provision.--Section 108 of the Riegle-Neal
Interstate Banking and Branching Efficiency Act of 1994 is hereby
repealed.
(c) Nonapplicability of Other Provision of Law.--Section 3003(a)(1)
of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C.
1113 note) shall not apply to any report required to be submitted under
section 1002(b) of Financial Institutions Reform, Recovery, and
Enforcement Act of 1989. | Consumer Banking Services Costs Assessment Act of 2001- Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to require the Board of Governors of the Federal Reserve System to obtain and report to Congress annually on a representative sample of enumerated retail banking services and products offered by insured depository institutions and credit unions, including related fees and minimum balances, as well as electronic transactions. | {"src": "billsum_train", "title": "To authorize permanently an annual survey and report by the Board of Governors of the Federal Reserve System on fees charged for retail banking services."} | 1,540 | 87 | 0.60125 | 1.51951 | 0.98566 | 3.861111 | 20.222222 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``401(k) Protection Act of 1996''.
SEC. 2. QUALIFIED EMPLOYER PLANS PROHIBITED FROM MAKING LOANS THROUGH
CREDIT CARDS AND OTHER INTERMEDIARIES.
(a) In General.--Subsection (a) of section 401 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(35) Prohibition of loans through credit cards and other
intermediaries.--A trust shall not constitute a qualified trust
under this section if the plan makes any loan to any
beneficiary under the plan through the use of any credit card
or any other intermediary.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning after the date of the enactment of this
Act.
SEC. 3. LOANS FROM QUALIFIED EMPLOYER PLANS TREATED AS DISTRIBUTIONS
UNLESS USED TO PURCHASE A FIRST HOME, TO PAY HIGHER
EDUCATION OR FINANCIALLY DEVASTATING MEDICAL EXPENSES, OR
DURING PERIODS OF UNEMPLOYMENT.
(a) In General.--Subsection (p) of section 72 of the Internal
Revenue Code of 1986 (relating to loans treated as distributions) is
amended by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively, and by inserting after paragraph (2)
the following new paragraph:
``(3) Exception only to apply to certain loans.--Paragraph
(2) shall apply to any loan only if such loan is--
``(A) a qualified first-time homebuyer loan (as
defined in paragraph (7)),
``(B) a qualified higher education loan (as defined
in paragraph (8)),
``(C) a qualified medical expense loan (as defined
in paragraph (9)), or
``(D) a qualified unemployment loan (as defined in
paragraph (10)).''
(b) Definitions.--Subsection (p) of section 72 of such Code is
amended by adding at the end the following new paragraphs:
``(7) Qualified first-time homebuyer loan.--
``(A) In general.--For purposes of paragraph (3),
the term `qualified first-time homebuyer loan' means
any loan received by an individual to the extent the
amount of the loan is used within a reasonable period
to pay qualified acquisition costs with respect to a
principal residence of a first-time homebuyer who is
such individual, the spouse of such individual, or any
child, grandchild, or ancestor of such individual or
the individual's spouse.
``(B) Qualified acquisition costs.--For purposes of
this paragraph, the term `qualified acquisition costs'
means the costs of acquiring, constructing, or
reconstructing a residence. Such term includes any
usual or reasonable settlement, financing, or other
closing costs.
``(C) First-time homebuyer; other definitions.--For
purposes of this paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' means any individual
if--
``(I) such individual (and if
married, such individual's spouse) had
no present ownership interest in a
principal residence during the 2-year
period ending on the date of
acquisition of the principal residence
to which this paragraph applies, and
``(II) subsection (h) or (k) of
section 1034 did not suspend the
running of any period of time specified
in section 1034 with respect to such
individual on the day before the date
the loan is received.
``(ii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iii) Date of acquisition.--The term
`date of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (A) applies is
entered into, or
``(II) on which construction or
reconstruction of such a principal
residence is commenced.
``(8) Qualified higher education loan.--For purposes of
paragraph (3)--
``(A) In general.--The term `qualified higher
education loan' means any loan received by an
individual to the extent the amount of the loan is used
within a reasonable period to pay expenses for tuition,
fees, books, supplies, and equipment required for the
enrollment or attendance of--
``(i) the individual,
``(ii) the individual's spouse, or
``(iii) any child (as defined in section
151(c)(3)), grandchild, or ancestor of the
individual or the individual's spouse,
at an eligible educational institution (as defined in
section 135(c)(3)).
``(B) Coordination with savings bond provisions.--
The amount of qualified higher education expenses for
any taxable year shall be reduced by any amount
excludable from gross income under section 135.
``(9) Qualified medical expense loan.--The term `qualified
medical expense loan' means any loan received by an individual
to the extent the amount of the loan does not exceed the amount
allowable as a deduction under section 213 to the individual
for amounts paid during the taxable year for medical care
(determined without regard to whether the taxpayer itemizes
deductions for such taxable year).
``(10) Qualified unemployment loan.--The term `qualified
unemployment loan' means any loan to an individual after
separation from employment, if--
``(A) such individual has received unemployment
compensation for 12 consecutive weeks under any Federal
or State unemployment compensation law by reason of
such separation, and
``(B) such loan is received during any taxable year
during which such unemployment compensation is paid or
the succeeding taxable year.
To the extent provided in regulations, a self-employed
individual shall be treated as meeting the requirements of
subparagraph (A) if, under Federal or State law, the individual
would have received unemployment compensation but for the fact
the individual was self-employed.''
(c) Effective Date.--The amendments made by this section shall
apply to loans made after the date of the enactment of this Act. | 401(k) Protection Act of 1996 - Amends the Internal Revenue Code with respect to qualified employer plans to: (1) prohibit loans made through credit cards or other intermediaries; and (2) treat loans as distributions unless used to purchase a first-time home, pay higher education or financially devastating medical costs, or used during periods of unemployment. | {"src": "billsum_train", "title": "401(k) Protection Act of 1996"} | 1,439 | 74 | 0.5701 | 1.449355 | 0.916359 | 3 | 18.75 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access Improvement
Act''.
SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES
PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PRIMARY HEALTH SERVICES PROVIDERS SERVING HEALTH
PROFESSIONAL SHORTAGE AREAS.
``(a) Allowance of Credit.--In the case of a qualified primary
health services provider, there is allowed as a credit against the tax
imposed by this chapter for any taxable year in a mandatory service
period an amount equal to the product of--
``(1) the lesser of--
``(A) the number of months of such period occurring
in such taxable year, or
``(B) 60 months, reduced by the number of months
taken into account under this paragraph with respect to
such provider for all preceding taxable years (whether
or not in the same mandatory service period),
multiplied by
``(2) $1,000.
``(b) Qualified Primary Health Services Provider.--For purposes of
this section, the term `qualified primary health services provider'
means any physician who for any month during a mandatory service period
is certified by the Bureau to be a primary health services provider
who--
``(1) is providing primary health services--
``(A) full time, and
``(B) to individuals at least 80 percent of whom
reside in a health professional shortage area,
``(2) is not receiving during such year a scholarship under
the National Health Service Corps Scholarship Program or the
Indian health professions scholarship program or a loan
repayment under the National Health Service Corps Loan
Repayment Program or the Indian Health Service Loan Repayment
Program,
``(3) is not fulfilling service obligations under such
Programs, and
``(4) has not defaulted on such obligations.
``(c) Mandatory Service Period.--For purposes of this section, the
term `mandatory service period' means the period of 60 consecutive
calendar months beginning with the first month the taxpayer is a
qualified primary health services provider. In the case of an
individual who is such a provider on the date of enactment of the
Health Care Access Improvement Act, such term means the period of 60
consecutive calendar months beginning with the first month after such
date.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Bureau.--The term `Bureau' means the Bureau of Health
Care Delivery and Assistance, Health Resources and Services
Administration of the United States Public Health Service.
``(2) Physician.--The term `physician' has the meaning
given to such term by section 1861(r) of the Social Security
Act.
``(3) Primary health services provider.--The term `primary
health services provider' means a provider of basic health
services (as described in section 330(b)(1)(A)(i) of the Public
Health Service Act).
``(4) Health professional shortage area.--The term `health
professional shortage area' means a health professional
shortage area (as defined in section 332(a)(1) of the Public
Health Service Act).
``(e) Recapture of Credit.--
``(1) In general.--If, during any taxable year, there is a
recapture event, then the tax of the taxpayer under this
chapter for such taxable year shall be increased by an amount
equal to the product of--
``(A) the applicable percentage, and
``(B) the aggregate unrecaptured credits allowed to
such taxpayer under this section for all prior taxable
years.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the recapture
The applicable recap-
event occurs during:
ture percentage is:
Months 1-24.............. 100
Months 25-36............. 75
Months 37-48............. 50
Months 49-60............. 25
Months 61 and thereafter. 0.
``(B) Timing.--For purposes of subparagraph (A),
month 1 shall begin on the first day of the mandatory
service period.
``(3) Recapture event defined.--
``(A) In general.--For purposes of this subsection,
the term `recapture event' means the failure of the
taxpayer to be a qualified primary health services
provider for any month during any mandatory service
period.
``(B) Cessation of designation.--The cessation of
the designation of any area as a rural health
professional shortage area after the beginning of the
mandatory service period for any taxpayer shall not
constitute a recapture event.
``(C) Secretarial waiver.--The Secretary may waive
any recapture event caused by extraordinary
circumstances.
``(4) No credits against tax.--Any increase in tax under
this subsection shall not be treated as a tax imposed by this
chapter for purposes of determining the amount of any credit
under subpart A, B, or D of this part.''.
(b) Clerical Amendment.--The table of sections for subpart A 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 25A the
following new item:
``Sec. 25B. Primary health services
providers serving health
professional shortage areas.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Health Care Access Improvement Act - Amends the Internal Revenue Code to allow a limited tax credit to qualified primary health services providers who establish practices in health professional shortage areas. | {"src": "billsum_train", "title": "Health Care Access Improvement Act"} | 1,304 | 37 | 0.484962 | 1.030859 | 0.843434 | 2.84375 | 36.59375 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in U.S. Territories, Not
Corporations Act of 2011''.
SEC. 2. LIMITATION ON GOVERNMENT ASSISTANCE TO RUM PRODUCERS.
Subsection (e) of section 7652 of the Internal Revenue Code of 1986
(relating to shipments of rum to the United States) is amended by
redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
respectively, and by inserting after paragraph (2) the following new
paragraph:
``(3) Limitation on government assistance to rum
producers.--
``(A) In general.--If the amount of direct and
indirect government assistance paid or incurred by any
covered government during any calendar year to persons
producing rum within the jurisdiction of such
government exceeds the limitation under subparagraph
(B), the amount which would (but for this paragraph) be
covered into the treasury of such government under this
subsection shall be reduced for each of the 2
succeeding calendar years by the amount of such excess.
``(B) Limitation.--The limitation under this
subparagraph is the amount equal to 15 percent of the
amount which would (but for this paragraph) be covered
into the treasury of such government under this section
for the calendar year.
``(C) Separate application to each producer.--The
provisions of subparagraphs (A) and (B) shall also be
applied separately to each rum producer, taking into
account only the assistance paid or incurred by any
covered government to such producer and only such
producer's production to which subsection (a)(3) or
(b)(3) applies, whichever is applicable.
``(D) Government assistance.--For purposes of this
paragraph--
``(i) Direct government assistance.--The
term `direct government assistance' includes
any transfer of funds, grant, subsidy (other
than any generally available tax subsidy),
loan, equity investment, loan guarantee,
production or marketing incentive, income or
price support, provision of goods or services
(other than generally available infrastructure
and public services), and such other assistance
provided by a covered government as the
Secretary identifies as consistent with the
purposes of this paragraph.
``(ii) Indirect government assistance.--The
term `indirect government assistance' includes
any amounts expended by a covered government--
``(I) to promote, market, or
otherwise support the rum industry
within the jurisdiction of such
government,
``(II) to pay principal and
interest on, and expenses related to,
indebtedness incurred, the proceeds of
which are used to provide rum
subsidies, or
``(III) for any other purpose
identified by the Secretary as
consistent with the purposes of this
paragraph.
``(iii) Certain debt-financed payments
excluded.--The terms `direct government
assistance' and `indirect government
assistance' shall not include any payment made
by a covered government to a rum producer out
of funds raised through a loan (including the
issuance of a debt instrument), but shall
include any payment of principal and interest
on the loan (or debt instrument).
``(E) Annual reports.--Each covered government
shall, for each calendar year, submit a report to the
Secretary detailing the amount and type of direct and
indirect government assistance provided by such
government to each rum producer during such calendar
year and to rum producers in the aggregate during such
year. Such report shall be submitted at such time, and
in such form, as is prescribed by the Secretary.
``(F) Covered government.--For purposes of this
paragraph, the term `covered government' means the
government of Puerto Rico and the government of the
Virgin Islands.''.
SEC. 3. MAXIMUM AND MINIMUM ALLOCATIONS OF RUM EXCISE TAXES BETWEEN
PUERTO RICO AND THE VIRGIN ISLANDS.
Section 7652 of the Internal Revenue Code of 1986 is amended by
inserting after subsection (h) the following new subsection:
``(i) Limitations on Allocation of Rum Excise Taxes Between Puerto
Rico and the Virgin Islands.--
``(1) In general.--Notwithstanding subsections (a), (b),
and (e), if, without regard to this subsection and subsection
(e)(3), the Secretary determines that the respective shares of
Puerto Rico and the Virgin Islands of the aggregate amount to
be covered into their treasuries under this section for any
calendar year are not within the parameters of paragraph (2),
the Secretary shall increase or decrease such shares to the
extent necessary to bring them within such parameters.
``(2) Parameters.--The parameters of this paragraph are
that--
``(A) Puerto Rico's share shall be at least 65
percent but not more than 70 percent of such aggregate
amount, and
``(B) the Virgin Islands's share shall be at least
30 percent but not more than 35 percent of such
aggregate amount.
``(3) Application with subsection (e)(3).--This subsection
shall be applied before subsection (e)(3).''.
SEC. 4. DENIAL OF COVER OVER FOR RUM REDISTILLED INTO CANE NEUTRAL
SPIRITS.
Section 7652 of the Internal Revenue Code of 1986 is amended by
inserting after subsection (i) the following new subsection:
``(j) Denial of Cover Over for Rum Redistilled Into Cane Neutral
Spirits.--No amount shall be covered over under subsection (a) or (b)
with respect to rum which is redistilled into cane neutral spirits
after being brought into the United States. The Secretary shall
prescribe such information reporting as the Secretary determines
necessary to carry out the preceding sentence.''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this section shall apply to calendar years after
2011.
(b) Denial of Cover Over for Rum Redistilled Into Cane Neutral
Spirits.--The amendment made by section 4 shall apply to rum brought
into the United States after the date of the enactment of this Act. | Investing in U.S. Territories, Not Corporations Act of 2011 - Amends the Internal Revenue Code, with respect to shipments of rum to the United States from Puerto Rico and the Virgin Islands, to: (1) limit during a two-year period the amount of direct and indirect government assistance by the governments of Puerto Rico and the Virgin Islands to rum producers from rum excise taxes covered-over into the treasuries of such governments to 15% of the amounts covered-over, (2) impose limitations on the allocation of rum excise taxes between Puerto Rico and the Virgin Islands, and (3) deny any payment of rum excise taxes covered over into the treasuries of Puerto Rico and the Virgin Islands for rum redistilled into cane neutral spirits after being brought into the United States. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to regulate the subsidies paid to rum producers in Puerto Rico and the Virgin Islands, and for other purposes."} | 1,366 | 181 | 0.54889 | 1.519348 | 0.685356 | 3.66443 | 8.322148 | 0.926174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DTV Delay Act''.
SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE.
(a) In General.--Section 3002(b) of the Digital Television
Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is
amended--
(1) by striking ``February 18, 2009;'' in paragraph (1) and
inserting ``June 13, 2009;''; and
(2) by striking ``February 18, 2009,'' in paragraph (2) and
inserting ``that date''.
(b) Extension of Coupon Program.--Section 3005(c)(1)(A) of that Act
(47 U.S.C. 309 note) is amended by striking ``March 31, 2009,'' and
inserting ``July 31, 2009,''.
(c) Conforming Amendments.--
(1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is
amended by striking ``February 17, 2009.'' and inserting ``June
12, 2009.''.
(2) Section 309(j)(14)(A) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)(A)) is amended by striking ``February 17,
2009.'' and inserting ``June 12, 2009.''.
(3) Section 337(e)(1) of the Communications Act of 1934 (47
U.S.C. 337(e)(1)) is amended by striking ``February 17, 2009,''
and inserting ``June 12, 2009,''.
(d) License Terms.--
(1) Extension.--The Federal Communications Commission shall
extend the terms of the licenses for the recovered spectrum,
including the license period and construction requirements
associated with those licenses, for a 116-day period.
(2) Definition.--In this subsection, the term ``recovered
spectrum'' means--
(A) the recovered analog spectrum, as such term is
defined in section 309(j)(15)(C)(vi) of the
Communications Act of 1934; and
(B) the spectrum excluded from the definition of
recovered analog spectrum by subclauses (I) and (II) of
such section.
SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
(a) Treatment of Expired Coupons.--Section 3005(c)(1) of the
Digital Television Transition and Public Safety Act of 2005 (47 U.S.C.
309 note) is amended by adding at the end the following:
``(D) Expired coupons.--The Assistant Secretary may
issue to a household, upon request by the household,
one replacement coupon for each coupon that was issued
to such household and that expired without being
redeemed.''.
(b) Conforming amendment.--Section 3005(c)(1)(A) of the Digital
Television Transition and Public Safety Act of 2005 (47 U.S.C. 309
note) is amended by striking ``receives, via the United States Postal
Service,'' and inserting ``redeems''.
SEC. 4. IMPLEMENTATION.
(a) Permissive Early Termination Under Existing Requirements.--
Nothing in this Act is intended to prevent a licensee of a television
broadcast station from terminating the broadcasting of such station's
analog television signal (and continuing to broadcast exclusively in
the digital television service) prior to the date established by law
under section 3002(b) of the Digital Television Transition and Public
Safety Act of 2005 for termination of all licenses for full-power
television stations in the analog television service (as amended by
section 2 of this Act) so long as such prior termination is conducted
in accordance with the Federal Communications Commission's requirements
in effect on the date of enactment of this Act, including the flexible
procedures established in the Matter of Third Periodic Review of the
Commission's Rules and Policies Affecting the Conversion to Digital
Television (FCC 07-228, MB Docket No. 07-91, released December 31,
2007).
(b) Public Safety Radio Services.--
(1) Use on cleared spectrum.--Notwithstanding the
amendments made by section 2, if--
(A) a television broadcast station ceases the
broadcasting of such station's analog television
service under subsection (a) of this section prior to
June 12, 2009, and
(B) as a consequence of such cessation, spectrum
between frequencies 768 and 776 megahertz, inclusive,
and 798 and 806 megahertz, inclusive, becomes available
for non-television broadcast use prior to June 12,
2009, the Federal Communications Commission shall
permit the use of such spectrum for authorized public
safety radio services if the Commission determines that
such use is in the public interest and does not cause
harmful interference to full-power television stations
in the analog or digital television service.
(2) Expedited procedures.--The Federal Communications
Commission may use expedited procedures, and may waive such
rules as may be necessary, to make a determination on an
application made under paragraph (1) to begin such use of such
spectrum by a public safety agency (as such term is defined in
section 3006(d)(1) of the Digital Television Transition and
Public Safety Act of 2005) in not less than 2 weeks after the
date of submission of such application.
(c) Expedited Rulemaking.--Notwithstanding any other provision of
law, the Federal Communications Commission and the National
Telecommunications Information Administration shall, not later than 30
days after the date of enactment of this Act, each adopt or revise its
rules, regulations, or orders or take such other actions as may be
necessary or appropriate to implement the provisions, and carry out the
purposes, of this Act and the amendments made by this Act.
SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2011.'' and inserting ``2012.''.
SEC. 6. EMERGENCY DESIGNATION.
Each amount made available under section 3005 of the Digital
Television Transition and Public Safety Act of 2005 (47 U.S.C. 309
note) as a result of the amendments made by this Act is designated as
an emergency requirement and necessary to meet emergency needs pursuant
to section 204(a) of S. Con. Res. 21 (110th Congress) and section
301(b)(2) of S. Con. Res. 70 (110th Congress), the concurrent
resolutions on the budget for fiscal years 2008 and 2009.
Passed the Senate January 26, 2009.
Attest:
Secretary.
111th CONGRESS
1st Session
S. 328
_______________________________________________________________________
AN ACT
To postpone the DTV transition date. | DTV Delay Act - Amends the Digital Television Transition and Public Safety Act of 2005 to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the license period and construction requirements associated with those licenses.
Extends to July 31, 2009, the deadline for requesting digital-to-analog converter box coupons. Authorizes the issuance, on request, of one replacement coupon for each coupon that expired without being redeemed.
Declares that this Act does not prevent a station from ending analog broadcasting (and continuing to broadcast exclusively digitally) before June 13, 2009.
Requires the FCC to permit the use, for authorized public safety radio services, of certain spectrum cleared as a result of a television station ceasing to broadcast analog signals before June 12, 2009, provided the FCC determines that such use does not cause harmful interference to full-power analog or digital television stations.
Amends the Communications Act of 1934 to extend through September 30, 2012 (under current law, September 30, 2011), the authority of the FCC to grant a license or permit under provisions relating to competitive bidding.
Designates the amounts made available by this Act as an emergency requirement and necessary to meet emergency needs under the concurrent resolutions on the budget for FY2008-2009. | {"src": "billsum_train", "title": "A bill to postpone the DTV transition date."} | 1,559 | 305 | 0.588127 | 1.539585 | 0.805819 | 3.040892 | 5.089219 | 0.884758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Price Support Elimination
Act of 1993''.
SEC. 2. ELIMINATION OF TOBACCO PRICE SUPPORT AND PRODUCTION ADJUSTMENT
PROGRAMS.
(a) Price Support Program.--
(1) Parity price support.--Section 101 of the Agricultural
Act of 1949 (7 U.S.C. 1441) is amended--
(A) in the first sentence of subsection (a), by
striking ``tobacco (except as otherwise provided
herein), corn,'' and inserting ``corn'';
(B) by striking subsections (c), (g), (h), and (i);
(C) in subsection (d)(3)--
(i) by striking ``, except tobacco,''; and
(ii) by striking ``and no price support
shall be made available for any crop of tobacco
for which marketing quotas have been
disapproved by producers;''; and
(D) by redesignating subsection (d) as subsection
(c).
(2) No net cost provisions.--Sections 106, 106A, and 106B
of such Act (7 U.S.C. 1445, 1445-1, and 1445-2) are repealed.
(3) Definition of basic agricultural commodity.--Section
408(c) of such Act (7 U.S.C. 1428(c)) is amended by striking
``tobacco,''.
(4) Review of burley tobacco imports.--Section 3 of Public
Law 98-59 (7 U.S.C. 625) is repealed.
(5) Powers of commodity credit corporation.--Section 5(a)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714c(a)) is amended by inserting after ``agricultural
commodities'' the following: ``(other than tobacco)''.
(b) Acreage Allotments and Marketing Quotas.--
(1) Declaration of policy.--Section 2 of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1282) is amended by striking
``tobacco,''.
(2) Definitions.--Section 301(b) of such Act (7 U.S.C.
1301(b)) is amended--
(A) in paragraph (3)--
(i) by striking subparagraph (C); and
(ii) by redesignating subparagraph (D) as
subparagraph (C);
(B) in paragraph (6)(A), by striking ``tobacco,'';
(C) in paragraph (7), by striking the following:
``Tobacco (flue-cured), July 1-June 30;
``Tobacco (other than flue-cured), October 1-
September 30;'';
(D) in paragraph (10)--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraph (C) as
subparagraph (B);
(E) in paragraph (11)(B), by striking ``and
tobacco'';
(F) in paragraph (12), by striking ``tobacco,'';
(G) in paragraph (14)--
(i) by striking ``(A)''; and
(ii) by striking subparagraphs (B), (C),
and (D);
(H) by striking paragraph (15);
(I) in paragraph (16)--
(i) by striking subparagraph (B); and
(ii) by redesignating subparagraph (C) as
subparagraph (B); and
(J) by redesignating paragraphs (16) and (17) as
paragraphs (15) and (16), respectively.
(3) Parity payments.--Section 303 of such Act (7 U.S.C.
1303) is amended by striking ``rice, or tobacco,'' and
inserting ``or rice,''.
(4) Marketing quotas.--Part I of subtitle B of title III of
such Act (7 U.S.C. 1311 et seq.) is repealed.
(5) Administrative provisions.--Section 361 of such Act (7
U.S.C. 1361) is amended by striking ``tobacco,''.
(6) Adjustment of quotas.--Section 371 of such Act (7
U.S.C. 1371) is amended--
(A) in subsection (a), by striking ``peanuts, or
tobacco'' and inserting ``or peanuts''; and
(B) in subsection (b), by striking ``peanuts or
tobacco'' and inserting ``or peanuts''.
(7) Reports and records.--Section 373 of such Act (7 U.S.C.
1373) is amended--
(A) by striking ``peanuts, or tobacco'' each place
it appears in subsections (a) and (b) and inserting
``or peanuts''; and
(B) in subsection (a)--
(i) in the first sentence, by striking
``all persons engaged in the business of
redrying, prizing, or stemming tobacco for
producers,''; and
(ii) in the last sentence, by striking
``$500;'' and all that follows through the
period at the end of the sentence and inserting
``$500.''.
(8) Regulations.--Section 375(a) of such Act (7 U.S.C.
1375(a)) is amended by striking ``peanuts, or tobacco'' and
inserting ``or peanuts''.
(9) Eminent domain.--Section 378 of such Act (7 U.S.C.
1378) is amended--
(A) in the first sentence of subsection (c), by
striking ``cotton, tobacco, and peanuts'' and inserting
``cotton and peanuts''; and
(B) by striking subsections (d), (e), and (f).
(10) Burley tobacco farm reconstitution.--Section 379 of
such Act (7 U.S.C. 1379) is amended--
(A) in subsection (a)--
(i) by striking ``(a)''; and
(ii) in paragraph (6), by striking ``, but
this clause (6) shall not be applicable in the
case of burley tobacco''; and
(B) by striking subsections (b) and (c).
(11) Acreage-poundage quotas.--Section 4 of the Act
entitled ``An Act to amend the Agricultural Adjustment Act of
1938, as amended, to provide for acreage-poundage marketing
quotas for tobacco, to amend the tobacco price support
provisions of the Agricultural Act of 1949, as amended, and for
other purposes'', approved April 16, 1965 (7 U.S.C. 1314c
note), is repealed.
(12) Burley tobacco acreage allotments.--The Act entitled
``An Act relating to burley tobacco farm acreage allotments
under the Agricultural Adjustment Act of 1938, as amended'',
approved July 12, 1952 (7 U.S.C. 1315), is repealed.
(13) Transfer of allotments.--Section 703 of the Food and
Agriculture Act of 1965 (7 U.S.C. 1316) is repealed.
(14) Advance recourse loans.--Section 13(a)(2)(B) of the
Food Security Improvements Act of 1986 (7 U.S.C. 1433c-
1(a)(2)(B)) is amended by striking ``tobacco and''.
(15) Tobacco field measurement.--Section 1112 of the
Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203)
is amended by striking subsection (c).
(c) Transition Provisions.--
(1) Liability.--The amendments made by this section shall
not affect the liability of any person under any provision of
law as in effect before the application of the amendments in
accordance with section 5(a).
(2) Tobacco Stocks and Loans.--The Secretary of Agriculture
shall issue regulations that require--
(A) the orderly disposition of tobacco stocks; and
(B) the repayment of all tobacco price support
loans outstanding on the date of enactment of this Act
by not later than 1 year after the effective date of
this Act.
SEC. 3. ELIMINATION OF FEDERAL CROP INSURANCE FOR TOBACCO.
(a) In General.--Section 518 of the Federal Crop Insurance Act (7
U.S.C. 1518) is amended by striking ``tobacco,''.
(b) Conforming Amendment.--The third sentence of section 508(a) of
such Act (7 U.S.C. 1508(a)) is amended by striking ``Except in the case
of tobacco, insurance'' and inserting ``Insurance''.
SEC. 4. PROHIBITION ON RESEARCH, EXTENSION, OR ANALYSIS OF TOBACCO
PRODUCTION OR MARKETING.
Section 1405 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3121) is amended--
(1) by striking ``responsibilities'' and all that follows
through ``Sec. 1405. The'' and inserting the following:
``SEC. 1405. RESPONSIBILITIES OF THE SECRETARY AND DEPARTMENT OF
AGRICULTURE.
``(a) In General.--The''; and
(2) by adding at the end the following new subsection:
``(b) Prohibition on Tobacco Research, Extension, and Analysis.--
Notwithstanding any other provision of law, no funds made available to
the Department of Agriculture or an administrative unit of the
Department may be used to conduct research, extension, or analysis
related to the production or marketing of tobacco.''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall apply beginning with the
marketing year that begins after the date of enactment of this Act.
(b) Tobacco Research, Extension, and Analysis.--The amendments made
by section 4 shall become effective on the date of enactment of this
Act. | Tobacco Price Support Elimination Act of 1993 - Amends specified agricultural Acts to eliminate price supports and other production and marketing assistance for tobacco. | {"src": "billsum_train", "title": "Tobacco Price Support Elimination Act of 1993"} | 2,386 | 33 | 0.544834 | 1.246812 | 0.694781 | 1.8 | 76.64 | 0.76 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor, Human, and Civil Rights Trade
Policy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has played a leading role in
developing global human rights standards since the inception of
the country.
(2) The first 10 amendments to the Constitution are among
the guiding principles that helped develop the Universal
Declaration of Human Rights.
(3) First Lady Eleanor Roosevelt led the United States
delegation and the United Nations in drafting the Universal
Declaration of Human Rights.
(4) December 10, 2016, marked the 68th anniversary of the
adoption of the Universal Declaration of Human Rights.
(5) The General Assembly of the United Nations adopted the
International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights in
1966.
(6) The United Kingdom implemented the Slave Trade Act of
1807, setting a global precedent towards the eventual
abolishment of slavery in the Americas that the United States
eventually followed.
(7) The world celebrated the 210th anniversary of the
abolition of the transatlantic slave trade on May 1, 2017.
(8) On January 1, 2017, the United States recognized the
154th anniversary of the Emancipation Proclamation.
(9) The United States has continuously enacted legislation
and ratified amendments to the Constitution to improve the
protections of the rights of all persons in the United States,
including--
(A) the 13th Amendment to the Constitution,
ratified in 1865;
(B) the Civil Rights Act of 1866 (14 Stat. 27);
(C) the 14th Amendment to the Constitution,
ratified in 1868;
(D) the 19th Amendment to the Constitution,
ratified in 1920;
(E) the Social Security Act of 1935 (42 U.S.C. 301
et seq.);
(F) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(G) the Housing Act of 1949 (63 Stat. 413);
(H) the Equal Pay Act of 1963 (Public Law 88-38; 77
Stat. 56);
(I) the Civil Rights Act of 1964 (Public Law 88-
352; 78 Stat. 241);
(J) the Voting Rights Act of 1965 (Public Law 89-
110; 79 Stat. 437);
(K) the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(L) the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.);
(M) the McKinney-Vento Homeless Assistance Act of
1987 (42 U.S.C. 11301 et seq.);
(N) the Civil Rights Restoration Act of 1988
(Public Law 100-259; 102 Stat. 28);
(O) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(P) the Civil Rights Act of 1991 (Public Law 102-
166; 105 Stat. 1071);
(Q) the Fannie Lou Hamer, Rosa Parks, Coretta Scott
King, Cesar E. Chavez, Barbara C. Jordan, William C.
Velasquez, and Dr. Hector P. Garcia Voting Rights Act
Reauthorization and Amendments Act of 2006 (Public Law
109-246; 120 Stat. 577); and
(R) the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act of 2009 (Public Law 111-84; 123
Stat. 2835).
(10) Labor, human, and civil rights standards and
protections require constant review and attention.
(11) The Millennium Development Goals of the United Nations
set forth a 15-year plan to combat poverty, hunger, disease,
illiteracy, environmental degradation, and discrimination.
(12) The 43rd General Assembly of the Organization of
American States adopted the Inter-American Convention against
Racism, Racial Discrimination and Related Forms of Intolerance
on June 5, 2013.
(13) The Global Slavery Index estimates that as many as
45,800,000 people around the world were in some form of modern
slavery in 2016.
(14) The United States supported the adoption of the
Universal Declaration of Human Rights in the United Nations
General Assembly and has ratified significant international
human rights treaties, including the International Convention
on the Elimination of Racism and Discrimination (November 20,
1994), the International Convention on the Prevention and
Punishment of the Crime of Genocide (February 23, 1989), the
International Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (November 20,
1994), and the International Covenant on Civil and Political
Rights (September 8, 1992).
(15) The United States has ratified two of the eight
fundamental conventions outlined by the International Labor
Organization, including the Convention (ILO 105) concerning the
abolition of forced labor (September 25, 1992) and the
Convention (ILO 182) concerning the prohibition and immediate
action for the elimination of the worst forms of child labor
(December 2, 2000).
(16) The United States has also ratified the Optional
Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography
(January 23, 2003) and the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in
Armed Conflicts (January 23, 2003).
(17) The United States signed the Convention on the Rights
of Persons with Disabilities on July 30, 2009.
(18) The United States is expected to be a regional and
global leader in the international civil and human rights
movement, including by fighting discrimination, xenophobia,
human, labor, and civil rights abuses as a part of both
domestic and foreign policy.
(19) Throughout United States history, Congress has
addressed, debated, and advanced the protection of human rights
through legislation relating to taxes and international trade.
(20) On May 10, 2007, President George W. Bush negotiated
an agreement with the leadership of the 110th Congress, which
intended to strengthen labor, environmental, intellectual
property, access to medicines, health, investment, government
procurement, and port security standards in United States trade
agreements.
(21) This bipartisan deal, referred to as the ``May 10th
Agreement'', made significant progress in recognizing that
human, labor, and civil rights must be an integral component of
United States trade policy.
(22) United States trade policy cannot be static in a
changing global economy, and it is critical that United States
trade policy proactively advance domestic and global efforts to
improve human, civil, and labor rights and conditions.
(23) The trade negotiating objectives of the United States
should also address current, emerging, and future attempts to
undermine or fail to enhance the living, labor, civil, and
human rights standards of the United States or its trading
partners.
SEC. 3. STRENGTHENING TRADE, LABOR, AND HUMAN RIGHTS.
The Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4201 et seq.) is amended as follows:
(1) In section 103(b)(3)--
(A) in subparagraph (B)(ii), by striking
``strictly''; and
(B) by adding at the end the following:
``(C) For purposes of subparagraph (B)(ii), a
provision may be necessary or appropriate, with respect
to a trade agreement, if the provision addresses issues
relating to a party to the agreement, such as human
rights.
``(D) Notwithstanding subparagraph (A), the
provisions of section 151 of the Trade Act of 1974
shall only apply to an implementing bill submitted for
an agreement that--
``(i) achieves the principle negotiating
objectives with respect to labor described in
section 102(b)(10);
``(ii) explicitly provides that, with
respect to any country that is a party to the
agreement--
``(I) any union in such country
shall not be required to affiliate with
any confederation and shall be free to
form and affiliate with any vertical or
horizontal workers organization,
including any confederation, sector-
wide, or industry-wide union of its own
choosing;
``(II) workers in such country
shall have the right to freely form and
join an autonomous and independent
union of their choosing;
``(III) any union in such country
engaged in collective bargaining with
an employer shall be required to
demonstrate majority support of that
employer's workers, on behalf of whom
it is negotiating, prior to
registration of any collective
bargaining agreement;
``(IV) for purposes of the labor
obligations in the agreement relating
to procedural guarantees for labor law
enforcement, any administrative, quasi-
judicial, judicial, or labor tribunals
or boards composed of members with
direct or indirect interest in matters
before them shall not be considered
impartial and independent;
``(V) for purposes of evaluating
any measures taken by a country to
substantially reform its laws or
institutions to comply with the core
labor standards of the trade agreement,
an independent panel of experts must
regularly examine and publicly report
on the implementation of such reforms,
provide recommendations, and identify
concerns relating to the compliance of
such country with its labor obligations
under the agreement, based on input
from the parties to the trade
agreement, interested stakeholders, and
any other relevant information and
reporting; and
``(VI) if such independent panel
determines that such country is not in
compliance with its obligations, the
determination shall be treated as an
initial report of an arbitration panel
under the trade agreement, and the
matter shall be addressed in accordance
with the normal procedures laid out for
such cases, including through an
agreement to eliminate the
nonconformity in the first instance or,
as a last resort, to suspend benefits
under the trade agreement; and
``(iii) implements a trade agreement
between parties that consistently demonstrate
respect for internationally recognized human
rights, as indicated through assessments such
as the annual Country Reports on Human Rights
Practices or the Trafficking in Persons Report,
over a period of at least ten years.''.
(2) In section 111--
(A) by amending paragraph (7)(E) to read as
follows:
``(E) the elimination of discrimination, including
discrimination on the basis of race, color, sex, sexual
orientation, gender identity, religion, political
opinion, national extraction, social origin, age,
disability, HIV/AIDS status, engagement in organizing
activities, or union membership, with respect to
employment and occupation.'';
(B) by redesignating paragraphs (18) through (23)
as paragraphs (19) through (24), respectively; and
(C) by inserting after paragraph (17) the
following:
``(18) Internationally recognized human rights.--The term
`internationally recognized human rights' means the rights
stated in the following:
``(A) The Universal Declaration of Human Rights.
``(B) The International Covenant on Economic,
Social and Cultural Rights.
``(C) The Convention on the Elimination of All
Forms of Discrimination Against Women and its Optional
Protocol.
``(D) The Convention on the Rights of the Child.
``(E) The Convention on the Rights of Persons with
Disabilities and its Optional Protocol.
``(F) The Convention for the Protection of All
Persons from Enforced Disappearance.
``(G) The First Optional Protocol to the Covenant
on Civil and Political Rights.
``(H) The Optional Protocol to the Convention
Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.''. | Labor, Human, and Civil Rights Trade Policy Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require trade agreement implementing bills to: (1) achieve the negotiating objectives of adherence by parties to internationally recognized core labor standards; and (2) ensure that parties demonstrate respect for internationally recognized human rights, as indicated through assessments over a period of at least 10 years. For purposes of the meaning of core labor standards, the bill expands the definition of employment discrimination. | {"src": "billsum_train", "title": "Labor, Human, and Civil Rights Trade Policy Act"} | 2,549 | 104 | 0.429077 | 1.126022 | 0.362046 | 3.354167 | 25.666667 | 0.916667 |
SECTION 1. SENSE OF CONGRESS ON IRAQ.
(a) Findings.--Congress makes the following findings:
(1) We respect the constitutional authorities given a
President in Article II, Section 2, which states that ``The
President shall be commander in chief of the Army and Navy of
the United States;'' it is not the intent of this Act to
question or contravene such authority, but to accept the offer
to Congress made by the President on January 10, 2007, that,
``if members have improvements that can be made, we will make
them. If circumstances change, we will adjust''.
(2) The United States' strategy and operations in Iraq can
only be sustained and achieved with support from the American
people and with a level of bipartisanship.
(3) Over 137,000 American military personnel are currently
serving in Iraq, like thousands of others since March 2003,
with the bravery and professionalism consistent with the finest
traditions of the United States armed forces, and are deserving
of the support of all Americans, which they have strongly.
(4) Many American service personnel have lost their lives,
and many more have been wounded, in Iraq, and the American
people will always honor their sacrifices and honor their
families.
(5) The U.S. Army and Marine Corps, including their Reserve
and National Guard organizations, together with components of
the other branches of the military, are under enormous strain
from multiple, extended deployments to Iraq and Afghanistan.
(6) These deployments, and those that will follow, will
have lasting impacts on the future recruiting, retention and
readiness of our nation's all volunteer force.
(7) In the National Defense Authorization Act for Fiscal
Year 2006, the Congress stated that ``calendar year 2006 should
be a period of significant transition to full sovereignty, with
Iraqi security forces taking the lead for the security of a
free and sovereign Iraq''.
(8) United Nations Security Council Resolution 1723,
approved November 28, 2006, ``determin[ed] that the situation
in Iraq continues to constitute a threat to international peace
and security''.
(9) Iraq is experiencing a deteriorating and ever-widening
problem of sectarian and intra-sectarian violence based upon
political distrust and cultural differences between some Sunni
and Shia Muslims.
(10) Iraqis must reach political settlements in order to
achieve reconciliation, and the failure of the Iraqis to reach
such settlements to support a truly unified government greatly
contributes to the increasing violence in Iraq.
(11) The responsibility for Iraq's internal security and
halting sectarian violence must rest primarily with the
Government of Iraq and Iraqi Security Forces.
(12) U.S. Central Command Commander General John Abizaid
testified to Congress on November 15, 2006, ``I met with every
divisional commander, General Casey, the Corps Commander, [and]
General Dempsey. We all talked together. And I said, in your
professional opinion, if we were to bring in more American
troops now, does it add considerably to our ability to achieve
success in Iraq? And they all said no. And the reason is,
because we want the Iraqis to do more. It's easy for the Iraqis
to rely upon us to do this work. I believe that more American
forces prevent the Iraqis from doing more, from taking more
responsibility for their own future''.
(13) Iraqi Prime Minister Nouri al-Maliki stated on
November 27, 2006, that ``The crisis is political, and the ones
who can stop the cycle of aggravation and bloodletting of
innocents are the politicians''.
(14) There is growing evidence that Iraqi public sentiment
opposes the continued U.S. troop presence in Iraq, much less
increasing the troop level.
(15) In the fall of 2006, leaders in the Administration and
Congress, as well as recognized experts in the private sector,
began to express concern that the situation in Iraq was
deteriorating and required a change in strategy; and, as a
consequence, the Administration began an intensive,
comprehensive review by all components of the Executive branch
to devise a new strategy.
(16) In December 2006, the bipartisan Iraq Study Group
issued a valuable report, suggesting a comprehensive strategy
that includes ``new and enhanced diplomatic and political
efforts in Iraq and the region, and a change in the primary
mission of U.S. forces in Iraq that will enable the United
States to begin to move its combat forces out of Iraq
responsibly''.
(17) On January 10, 2007, following consultations with the
Iraqi Prime Minister, the President announced a new strategy
(hereinafter referred to as the ``plan''), which consists of
three basic elements: diplomatic, economic, and military; the
central component of the military element is an augmentation of
the present level of U.S. military forces through additional
deployments of approximately 21,500 U.S. military troops to
Iraq.
(18) On January 10, 2007, the President said that the
``Iraqi government will appoint a military commander and two
deputy military commanders for their capital'' and that U.S.
forces will ``be embedded in their formations;'' and in
subsequent testimony before the Armed Services Committee on
January 25, 2007, by the retired former Vice Chief of the Army,
it was learned that there will also be a comparable U.S.
command in Baghdad, and that this dual chain of command may be
problematic because ``the Iraqis are going to be able to move
their forces around at times where we will disagree with that
movement,'' and called for clarification.
(19) This proposed level of troop augmentation far exceeds
the expectations of many of us as to the reinforcements that
would be necessary to implement the various options for a new
strategy, and led many members of Congress to express outright
opposition to augmenting our troops by 21,500.
(20) The Government of Iraq has promised repeatedly to
assume a greater share of security responsibilities, disband
militias, consider Constitutional amendments and enact laws to
reconcile sectarian differences, and improve the quality of
essential services for the Iraqi people; yet, despite those
promises, little has been achieved.
(21) The President said on January 10, 2007, that ``I've
made it clear to the Prime Minister and Iraq's other leaders
that America's commitment is not open-ended'' so as to dispel
the contrary impression that exists.
(22) The recommendations in this Act should not be
interpreted as precipitating any immediate reduction in, or
withdrawal of, the present level of forces.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Senate disagrees with the ``plan'' to augment our
forces by 21,500, and urges the President instead to consider
all options and alternatives for achieving the strategic goals
set forth below;
(2) the Senate believes that the United States should
continue vigorous operations in Anbar province, specifically
for the purpose of combating an insurgency, including elements
associated with the Al Qaeda movement, and denying terrorists a
safe haven;
(3) the Senate believes a failed state in Iraq would
present a threat to regional and world peace, and the long-term
security interests of the United States are best served by an
Iraq that can sustain, govern, and defend itself, and serve as
an ally in the war against extremists;
(4) the Congress should not take any action that will
endanger United States military forces in the field, including
the elimination or reduction of funds for troops in the field,
as such action with respect to funding would undermine their
safety or harm their effectiveness in pursuing their assigned
missions;
(5) the primary objective of the overall U.S. strategy in
Iraq should be to encourage Iraqi leaders to make political
compromises that will foster reconciliation and strengthen the
unity government, ultimately leading to improvements in the
security situation;
(6) the military part of this strategy should focus on
maintaining the territorial integrity of Iraq, denying
international terrorists a safe haven, conducting
counterterrorism operations, promoting regional stability,
supporting Iraqi efforts to bring greater security to Baghdad,
and training and equipping Iraqi forces to take full
responsibility for their own security;
(7) United States military operations should, as much as
possible, be confined to these goals, and should charge the
Iraqi military with the primary mission of combating sectarian
violence;
(8) the military Rules of Engagement for this plan should
reflect this delineation of responsibilities, and the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff should
clarify the command and control arrangements in Baghdad;
(9) the United States Government should transfer to the
Iraqi military, in an expeditious manner, such equipment as is
necessary;
(10) the United States Government should engage selected
nations in the Middle East to develop a regional,
internationally sponsored peace-and-reconciliation process for
Iraq;
(11) the Administration should provide regular updates to
the Congress, produced by the Commander of United States
Central Command and his subordinate commanders, about the
progress or lack of progress the Iraqis are making toward this
end; and
(12) our overall military, diplomatic and economic strategy
should not be regarded as an ``open-ended'' or unconditional
commitment, but rather as a new strategy that hereafter should
be conditioned upon the Iraqi government's meeting benchmarks
that must be delineated in writing and agreed to by the Iraqi
Prime Minister. Such benchmarks should include, but not be
limited to, the deployment of that number of additional Iraqi
security forces as specified in the plan in Baghdad, ensuring
equitable distribution of the resources of the Government of
Iraq without regard to the sect or ethnicity of recipients,
enacting and implementing legislation to ensure that the oil
resources of Iraq benefit Sunni Arabs, Shia Arabs, Kurds, and
other Iraqi citizens in an equitable manner, and the authority
of Iraqi commanders to make tactical and operational decisions
without political intervention.
(c) Frequency of Reports on Certain Aspects of Policy and
Operations.--The United States Policy in Iraq Act (section 1227 of
Public Law 109-163; 119 Stat. 3465; 50 U.S.C. 1541 note) is amended by
adding at the end the following new subsection:
``(d) Frequency of Reports on Certain Aspects of United States
Policy and Military Operations in Iraq.--Not later than 30 days after
the date of the enactment of this subsection, and every 30 days
thereafter until all United States combat brigades have redeployed from
Iraq, the President shall submit to Congress a report on the matters
set forth in paragraphs (1)(A), (1)(B), and (2) of subsection (c). To
the maximum extent practicable each report shall be unclassified, with
a classified annex if necessary.''. | Expresses the sense of Congress that: (1) the Senate disagrees with the plan to augment our forces in Iraq by 21,500 and urges the President to consider all options for achieving the strategic goals set forth below; (2) the Senate believes the United States should continue operations in Anbar province, specifically for the purpose of combating an insurgency, including Al Qaeda associated elements, and denying terrorists a safe haven; (3) the Senate believes a failed state in Iraq would present a threat to regional and world peace, and the long-term U.S. security interests are best served by an Iraq that can govern and defend itself and serve as an ally in the war against extremists; (4) Congress should not take any action that will endanger U.S. military forces in the field, including the elimination or reduction of funds for such troops; (5) the primary objective of U.S. strategy in Iraq should be to encourage Iraqi leaders to make political compromises that will strengthen the unity government and lead to security improvements; (6) the military part of this strategy should focus on maintaining Iraq's territorial integrity, denying international terrorists a safe haven, conducting counterterrorism operations, promoting regional stability, supporting Iraqi efforts to bring greater security to Baghdad, and training and equipping Iraqi forces; (7) U.S. military operations should, as much as possible, be confined to these goals and should charge the Iraqi military with the primary mission of combating sectarian violence; (8) the military Rules of Engagement for this plan should reflect this delineation of responsibilities and the Secretary of Defense and the Chairman of the Joint Chiefs of Staff should clarify the command and control arrangements in Baghdad; (9) the U.S. government should transfer necessary military equipment to the Iraqi military; (10) the U.S. government should engage selected nations in the Middle East to develop a regional, internationally sponsored peace-and-reconciliation process for Iraq; (11) the Administration should provide regular updates to Congress; and (12) our overall military, diplomatic, and economic strategy should not be regarded as open-ended but rather as a new strategy conditioned upon the Iraqi government's meeting delineated benchmarks agreed to by the Iraqi Prime Minister.
Amends the United States Policy in Iraq Act to require the President to report monthly to Congress respecting specified aspects of U.S. policy and military operations in Iraq until U.S. combat troops are redeployed from Iraq. | {"src": "billsum_train", "title": "A bill to express the sense of Congress on Iraq."} | 2,318 | 533 | 0.565466 | 2.029279 | 0.611476 | 6.177243 | 4.886214 | 0.986871 |
SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date. | Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses."} | 1,935 | 35 | 0.51306 | 1.154988 | 0.66091 | 1.814815 | 68.62963 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Improvement Act of
2009''.
SEC. 2. REQUIREMENTS FOR WAIVERS.
(a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``through 2011''
and inserting ``through 2013''; and
(B) in paragraph (3), by striking ``to the maximum
extent practicable''; and
(2) by adding at the end the following new subsection:
``(c) Special Rules.--The following rules shall apply in carrying
out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
not in the public interest to enter into a contract in
accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)).
``(2) Calculation of domestic and non-domestic bids.--
``(A) Preference.--A Federal agency entering into a
contract shall give preference to a company submitting
a bid on the contract that manufactures in the United
States the article, material, or supply for which the
bid is solicited, if--
``(i) that company's bid is substantially
the same as a bid made by a company that does
not manufacture the article, material, or
supply in the United States; or
``(ii) that company is the only company
that manufactures in the United States the
article, material, or supply for which the bid
is solicited.
``(B) Exclusion of start-up costs in calculating
cost of bid.--When comparing bids between domestic
entities and non-domestic entities, costs related to
the start-up of a project shall be excluded from a
domestic bid.
``(C) Unreasonable cost determination.--
``(i) In general.--The head of a Federal
agency shall not determine the cost of
acquiring articles, materials, or supplies
produced or manufactured in the United States
to be unreasonable under subsection (a) unless
the acquisition of such articles, materials, or
supplies would increase the cost of the overall
project by more than 25 percent.
``(ii) Rule of construction.--Nothing in
this subparagraph shall be construed as
reducing the percentage increase required as of
the date of the enactment of the Buy American
Improvement Act of 2009 for a determination of
unreasonable cost applicable to projects under
Department of Defense contracts.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case in which the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost of
acquiring the articles, materials, or supplies from a
company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
determined that--
``(A) domestic production cannot be initiated
without significantly delaying the project for which
the article, material, or supply is to be procured; and
``(B) a substitutable article, material, or supply
is not available in reasonable quantities and of
satisfactory quality from a company in the United
States.
``(5) Effect on domestic employment.--In determining
whether a public interest waiver shall be granted under
subsection (a), the head of a Federal agency shall--
``(A) consider the short-term and long-term effects
of granting such a waiver on employment within the
United States; and
``(B) determine any significant decrease in
domestic employment to be against the public interest.
``(6) Transparency in waivers.--
``(A) Requests for waivers.--Not later than 7 days
after a Federal agency receives a written request for a
waiver under subsection (a), the head of the agency
shall publish the request on a publicly available
website of the agency in an easily identifiable
location and shall provide the public with a reasonable
period of time for notice and comment before issuing a
waiver.
``(B) Waivers granted.--Not later than 30 days
after a Federal agency decides to issue a waiver under
subsection (a), the head of the agency shall publish
the decision and the justification for the decision in
the Federal Register and on a publicly available
website of the agency in an easily identifiable
location.''.
(b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended by adding at the end the following new subsections:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Office of Federal
Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the
legislative or judicial branch of the Federal Government.
``(d) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if the cost of
the domestic components of such articles, materials, or supplies
exceeds 75 percent of the total cost of all components of such
articles, materials, or supplies.''.
(c) Conforming Amendments.--
(1) Section 2(a) of the Buy American Act (41 U.S.C. 10a(a))
is amended by striking ``department or independent
establishment'' and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) in subsection (a), by striking ``department or
independent establishment'' and inserting ``Federal
agency''; and
(B) in subsection (b), by striking ``department,
bureau, agency, or independent establishment'' and
inserting ``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriation Act, 1950 (41 U.S.C. 10d) is amended by striking
``department or independent establishment'' and inserting
``Federal agency''.
SEC. 3. REGULATIONS ADDRESSING USE OF PROJECT SEGMENTATION TO AVOID
APPLICABILITY OF BUY AMERICAN REQUIREMENTS .
Not later than 90 days after the date of the enactment of this Act,
the Federal Acquisition Regulatory Council established under section
25(a) of the Office of Federal Procurement Policy Act (41 U.S.C.
421(a)) shall amend the Federal Acquisition Regulation to ensure that
the requirements of section 2 of the Buy American Act (41 U.S.C. 10a)
apply to component projects that have been disaggregated from a larger
project for purposes of avoiding applicability of such requirements to
such larger project.
SEC. 4. GAO REPORT AND RECOMMENDATIONS.
(a) Report on Scope of Waivers.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall report to Congress recommendations to be used in
determining, for purposes of applying the waiver provision of section
2(a) of the Buy American Act, whether acquiring articles, materials,
and supplies mined, produced, or manufactured in the United States
would be inconsistent with the public interest.
(b) Recommendations.--The report described in subsection (a) shall
include recommendations--
(1) for standards for determining inconsistency with the
public interest, including how to incorporate the impact on
domestic employment in such standards; and
(2) for establishing procedures for applying the waiver
provisions of the Buy American Act that can be consistently
applied, including how to investigate waiver requests and
evaluate domestic content requirements.
SEC. 5. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.
This Act, and the amendments made by this Act, shall be applied in
a manner consistent with United States obligations under international
agreements. | Buy American Improvement Act of 2009 - Amends the Buy American Act to: (1) extend through FY2013 the requirement for federal agencies to report to specified congressional committees on the amount of agency acquisitions from entities that manufacture products outside the United States; (2) apply such Act to executive, legislative, and judicial branch agencies; and (3) require articles to be treated as made substantially all from articles mined, produced, or manufactured in the United States if the cost of the domestic components exceeds 75% of the total cost of all components.
Prohibits federal agencies from determining that: (1) it would not be in the public interest to enter into a contract subject to Buy American requirements after a solicitation of offers notice for such contract is published; (2) the cost of acquiring products manufactured in the United States is unreasonable unless such acquisition would increase the cost of the overall project by more than 25%; or (3) an article is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of satisfactory quality unless the agency has determined that domestic production cannot be initiated without significantly delaying the project and that a substitutable article is not available from a company in the United States.
Requires agencies: (1) to give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only one that manufactures the product in the United States; (2) to exclude costs related to the startup of a project from a domestic bid; (3) to apply Buy American requirements without regard to whether products to be acquired are for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis; (4) in determining whether to grant a public interest waiver of Buy American requirements, to consider any predicted significant decrease in domestic employment to be against the public interest; and (5) to publish waivers requested and waivers granted on a publicly available website.
Directs: (1) the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to ensure that Buy American requirements apply to component projects that have been disaggregated from a larger project for purposes of avoiding applicability of such requirements to the larger project; and (2) the Comptroller General to report to Congress recommendations to be used in determining whether acquiring articles mined, produced, or manufactured in the United States would be inconsistent with the public interest.
Requires this Act to be applied in a manner consistent with U.S. obligations under international agreements. | {"src": "billsum_train", "title": "To amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes."} | 2,063 | 558 | 0.625977 | 2.03207 | 0.824327 | 4.21165 | 3.551456 | 0.930097 |
SECTION 1. SHORT TITLE.
This Act be cited as the ``Internet Prescription Drug Consumer
Protection Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Legitimate Internet sellers of prescription drugs can
offer substantial benefits to consumers. These potential
benefits include convenience, privacy, valuable information,
competitive prices, and personalized services.
(2) Unlawful Internet sellers of prescription drugs may
dispense inappropriate, contaminated, counterfeit, or subpotent
prescription drugs that could put at risk the health and safety
of consumers.
(3) Unlawful Internet sellers have exposed consumers to
significant health risks by knowingly filling invalid
prescriptions, such as prescriptions based solely on an online
questionnaire, or by dispensing prescription drugs without any
prescription.
(4) The ease with which web sites can be created and
removed and the lack of readily available information to
identify Internet sellers creates significant barriers to
effective law enforcement efforts against unlawful Internet
sellers.
(5) Consumers may have difficulty distinguishing legitimate
from unlawful Internet sellers, as well as foreign from
domestic Internet sellers, of prescription drugs.
(6) States need additional enforcement tools to take
effective action against unlawful domestic Internet sellers and
the Federal agencies need additional enforcement tools to take
effective action against unlawful foreign Internet sellers.
(b) Purpose.--The purpose of this Act is to provide Federal and
State law enforcement with adequate tools to take effective action
against interstate Internet sellers of prescription drugs who illegally
sell such drugs to consumers in the United States and to protect such
consumers against potential harms that may result from purchasing such
drugs from such sellers.
SEC. 3. AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following:
``SEC. 503B. INTERNET PRESCRIPTION DRUG SALES.
``(a) Definitions.--For purposes of this section:
``(1) Consumer.--The term `consumer' means a person (other
than an entity licensed or otherwise authorized under Federal
or State law as a pharmacy or to dispense or distribute
prescription drugs) that purchases or seeks to purchase
prescription drugs through the Internet.
``(2) Home page.--The term `home page' means the entry
point or main web page for an Internet site.
``(3) Internet.--The term `Internet' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected worldwide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio,
including electronic mail.
``(4) Interstate internet seller.--
``(A) In general.--The term `interstate Internet
seller' means a person whether in the United States or
abroad, that engages in, offers to engage in, or causes
the delivery or sale of a prescription drug through the
Internet and has such drug delivered directly to the
consumer via the Postal Service, or any private or
commercial interstate carrier to a consumer in the
United States who is residing in a State other than the
State in which the seller's place of business is
located. This definition excludes a person who only
delivers a prescription drug to a consumer, such as an
interstate carrier service.
``(B) Exemption.--With respect to the consumer
involved, the term `interstate Internet seller' does
not include a person described in subparagraph (A)
whose place of business is located within 75 miles of
the consumer.
``(5) Link.--The term `link' means either a textual or
graphical marker on a web page that, when clicked on, takes the
consumer to another part of the Internet, such as to another
web page or a different area on the same web page, or from an
electronic message to a web page.
``(6) Pharmacy.--The term `pharmacy' means any place
licensed or otherwise authorized as a pharmacy under State law.
``(7) Prescriber.--The term `prescriber' means an
individual, licensed or otherwise authorized under applicable
Federal and State law to issue prescriptions for prescription
drugs.
``(8) Prescription drug.--The term `prescription drug'
means a drug under section 503(b)(1).
``(9) Valid prescription.--The term `valid prescription'
means a prescription that meets the requirements of section
503(b)(1) and other applicable Federal and State law.
``(10) Web site; site.--The terms `web site' and `site'
mean a specific location on the Internet that is determined by
Internet protocol numbers or by a domain name.
``(b) Requirements for Interstate Internet Sellers.--
``(1) In general.--Each interstate Internet seller shall
comply with the requirements of this subsection with respect to
the sale of, or the offer to sell, prescription drugs through
the Internet and shall at all times display on its web site
information in accordance with paragraph (2).
``(2) Web site disclosure information.--An interstate
Internet seller shall post in a visible and clear manner (as
determined by regulation) on the home page of its web site, or
on a page directly linked to such home page--
``(A) the street address of the interstate Internet
seller's place of business, and the telephone number of
such place of business;
``(B) each State in which the interstate Internet
seller is licensed or otherwise authorized as a
pharmacy, or if the interstate Internet seller is not
licensed or otherwise authorized by a State as a
pharmacy, each State in which the interstate Internet
seller is licensed or otherwise authorized to dispense
prescription drugs, and the type of State license or
authorization;
``(C) in the case of an interstate Internet seller
that makes referrals to or solicits on behalf of a
prescriber, the name of each prescriber, the street
address of each such prescriber's place of business,
the telephone number of such place of business, each
State in which each such prescriber is licensed or
otherwise authorized to prescribe prescription drugs,
and the type of such license or authorization; and
``(D) a statement that the interstate Internet
seller will dispense prescription drugs only upon a
valid prescription.
``(3) Date of posting.--Information required to be posted
under paragraph (2) shall be posted by an interstate Internet
seller--
``(A) not later than 90 days after the effective
date of this section if the web site of such seller is
in operation as of such date; or
``(B) on the date of the first day of operation of
such seller's web site if such site goes into operation
after such date.
``(4) Qualifying statements.--An interstate Internet seller
shall not indicate in any manner that posting disclosure
information on its web site signifies that the Federal
Government has made any determination on the legitimacy of the
interstate Internet seller or its business.
``(5) Disclosure to state licensing boards.--An interstate
Internet seller licensed or otherwise authorized to dispense
prescription drugs in accordance with applicable State law
shall notify each State entity that granted such licensure or
authorization that it is an interstate Internet seller, the
name of its business, the Internet address of its business, the
street address of its place of business, and the telephone
number of such place of business.
``(6) Regulations.--The Secretary is authorized to
promulgate such regulations as are necessary to carry out the
provisions of this subsection. In issuing such regulations, the
Secretary--
``(A) shall take into consideration disclosure
formats used by existing interstate Internet seller
certification programs; and
``(B) shall in defining the term `place of
business' include provisions providing that such place
is a single location at which employees of the business
perform job functions, and not a post office box or
similar locale.''.
(b) State Enforcement of Federal Law Regarding Internet Sellers of
Prescription Drugs.--Chapter III of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding at the end
the following:
``state proceedings regarding internet sales of prescription drugs
``Sec. 310A. (a) In General.--A State, through its attorney
general, may bring in its own name, and in an appropriate district
court of the United States, proceedings against an interstate Internet
seller of a prescription drug for the civil enforcement, or to restrain
violations of section 503B(b), or paragraph (1) or (2) of section
503(b), on behalf of consumers who reside in that State and have been
or are being adversely affected by such violations. Through such
proceedings, the State may with respect to such violations--
``(1) obtain a permanent nationwide injunction;
``(2) enforce compliance; or
``(3) obtain such other relief as the court may find
appropriate.
``(b) Notice to Secretary and Appropriate Federal Agencies.--A
State--
``(1) shall serve prior written notice of any civil action
under subsection (a) upon the Secretary and the appropriate
Federal agencies and provide to the Secretary and such agencies
a copy of its complaint, except in any case where such prior
notice is not feasible, in which case the State shall serve
such notice immediately upon instituting such action; and
``(2) may proceed with the civil action unless another
State attorney general or a Federal agency has filed a
complaint against the same party for the same violations under
this section prior to receiving notice and the civil action
brought by the State attorney general or such agency is still
ongoing or there has been a final judgment.
``(c) Rights of President.--The President shall have the right to
intervene in any action brought under subsection (a), and upon so
intervening, to be heard in all matters arising therein and to file
notices of appeal.
``(d) Applicability of Subpoenas.--Subpoenas for witnesses who are
required to attend a court of the United States, in any district, may
run into any other district in any proceeding under this section.
``(e) Construction.--For purposes of bringing any civil action
under subsection (a), nothing in this section shall prevent a State
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary or other evidence or to
bring an action under the laws of such State to obtain remedies under
that State's laws.
``(f) Definitions.--For purposes of this section, the terms
`interstate Internet seller', `Internet', and `prescription drug' have
the meanings given such terms in section 503B.''.
(c) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(aa) The failure to post information required under section
503B(b)(2) or knowingly making a materially false statement when
posting such information as required under such section or violating
section 503B(b)(4).''.
SEC. 4. PUBLIC EDUCATION.
The Secretary of Health and Human Services shall engage in
activities to educate the public about the dangers of purchasing
prescription drugs from unlawful Internet sources. The Secretary should
educate the public about effective public and private sector consumer
protection efforts, as appropriate, with input from the public and
private sectors, as appropriate.
SEC. 5. STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services, after consultation with the
Attorney General, shall submit to Congress a report providing
recommendations for coordinating the activities of Federal agencies
regarding interstate Internet sellers that operate from foreign
countries and for coordinating the activities of the Federal Government
with the activities of governments of foreign countries regarding such
interstate Internet sellers.
SEC. 6. CIVIL ACTIONS REGARDING PROPERTY.
Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333) is amended by adding at the end the following subsection:
``(i)(1) If a person is alienating or disposing of property, or
intends to alienate or dispose of property which is obtained as a
result of or is traceable to a violation by an interstate Internet
seller of paragraph (1) or (2) of section 503(b), the President may
commence a civil action in any Federal court--
``(A) to enjoin such alienation or disposition of property;
or
``(B) for a restraining order to--
``(i) prohibit any person from withdrawing,
transferring, removing, dissipating, or disposing of
any such property or property of equivalent value; and
``(ii) appoint a temporary receiver to administer
such restraining order.
``(2) Proceedings under paragraph (1) shall be carried out in the
same manner as apply under section 1345 of title 18, United States
Code.''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect 6 months after
the date of enactment of this Act, except that the authority of the
Secretary of Health and Human Services to commence the process of
rulemaking is effective on the date of enactment of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary. | Authorizes each State to bring proceedings against an Internet seller on behalf of affected consumers (requiring notice of such proceedings to the Secretary of Health and Human Services and appropriate Federal agencies). Allows the President to intervene in such actions.
Directs the Secretary to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments.
Authorizes the President to initiate a civil action to enjoin or restrain the alienation or disposal of property obtained as a result of, or traceable to, a violation of this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Internet Prescription Drug Consumer Protection Act of 2000"} | 3,086 | 155 | 0.515716 | 1.425512 | 0.624254 | 2.93617 | 20.085106 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Religious Minorities
Persecuted by ISIS Act of 2015''.
SEC. 2. PROCESSING MECHANISMS.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of State, in consultation with the Secretary of Homeland
Security, shall establish or use existing refugee processing mechanisms
in Iraq and in other countries determined appropriate by the Secretary,
through which aliens described in section 3(a) may apply and interview
for admission to the United States as refugees. Such processing
mechanisms shall ensure that background and security checks of such
aliens are conducted, which shall include the use of biographic and
biometric data to check an alien's identity against all appropriate
records and databases maintained by the Secretary of Homeland Security,
the Attorney General, the Secretary of State, and any other Federal
agency determined appropriate by the Secretary of Homeland Security in
order to determine any whether an alien may be inadmissible to the
United States.
SEC. 3. UNITED STATES REFUGEE PROGRAM PROCESSING PRIORITIES.
(a) In General.--Refugees of special humanitarian concern eligible
for Priority 2 processing under the refugee resettlement priority
system who may apply directly to the United States Refugee Admissions
Program shall include aliens who are or were nationals or residents of
Iraq or Syria who have been persecuted or have a credible fear of being
persecuted by the group commonly known as the Islamic State of Iraq and
the Levant (or any successor name), or by a similar group, based on--
(1) the alien's membership in a minority group, including a
religious or ethnic minority group;
(2) the alien's gender; or
(3) other characteristics identified by the Secretary of
State, or the designee of the Secretary.
(b) Eligibility for Admission as a Refugee.--No alien shall be
denied the opportunity to apply for admission under this section solely
because such alien--
(1) qualifies as an immediate relative;
(2) is eligible for any other immigrant classification; or
(3) was referred to apply for admission to the United
States as a refugee by a United States nonprofit organization
that is exempt from Federal income taxes under section
501(c)(3) of the Internal Revenue Code.
(c) Permitting Certain Aliens Within Categories To Reapply for
Refugee Status.--Each alien described in subsection (a) who after, June
1, 2014, and before the date of the enactment of this Act was denied
refugee status shall be permitted to reapply for such status. Such an
application shall be determined taking into account the application of
this Act.
(d) Protection of Aliens.--In the case that the Secretary of State,
in consultation with the Secretary of Homeland Security, determines
that an alien who is described in subsection (a) and who has applied
for admission to the United States as a refugee under section 207 of
the Immigration and Nationality Act (8 U.S.C. 1157) using the processes
under section 2 is in imminent danger, the Secretary shall make a
reasonable effort to provide such alien with protection or the
immediate removal from that country.
SEC. 4. DETERMINATIONS OF REFUGEE APPLICATIONS.
(a) Record of Determination.--The adjudicator of an application for
admission to the United States as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) submitted by an alien
who is described in section 3(a) using the processes under section 2
shall consider all relevant evidence and maintain a record of the
evidence considered.
(b) Legal Representation.--An applicant described in subsection (a)
may be represented, including at a refugee interview, at no expense to
the Government, by an attorney or accredited representative who--
(1) was chosen by the applicant; and
(2) is authorized by the Secretary of Homeland Security to
be recognized as the representative of such applicant in an
adjudication under this section.
(c) Written Decision Required.--A decision to deny an application
of an alien described in subsection (a)--
(1) shall be in writing; and
(2) shall provide, to the maximum extent feasible,
information on the reason for the denial, including--
(A) the facts underlying the determination;
(B) the basis of any negative credibility finding;
and
(C) whether there is a waiver of inadmissibility
available to the applicant.
(d) Review of Denials of Refugee Status.--
(1) In general.--Not later than 120 days after being denied
admission to the United States as a refugee under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), an
applicant described in subsection (a) may file a request with
the Secretary of Homeland Security for review of such denial.
(2) Review by trained refugee officers.--Not later than 90
days after receiving a request for review under paragraph (1),
a refugee officer who has received training on reviewing a
denial described in paragraph (1), other than the refugee
officer who adjudicated the alien's application for admission,
shall review such denial.
(3) Standard for review.--The Secretary shall publish on
the Internet website of the Department of Homeland Security the
standard to be applied to the review of a denial described in
paragraph (1).
(4) Decisions of requests for review.--A refugee officer
reviewing a denial described in paragraph (1) may, upon
review--
(A) affirm the denial;
(B) reverse the denial; or
(C) reopen the application and conduct further
investigation and interviews to determine whether the
denial should be affirmed or reversed.
(5) Written decision required for affirmed denials.--In the
case that the refugee officer reviewing the denial described in
paragraph (1) affirms the denial, the decision affirming such
denial shall--
(A) be in writing; and
(B) provide, to the maximum extent feasible,
information relating to the reason for the denial,
including the information described in subsection
(c)(2).
SEC. 5. EXPEDITED SYSTEM FOR PRIORITY 2 REFUGEE PROCESSING.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State, in consultation with the
Secretary of Homeland Security, shall submit to the Committee on the
Judiciary of the House of Representatives, the Committee on Foreign
Affairs of the House of Representatives, the Committee on the Judiciary
of the Senate, and the Committee on Foreign Relations of the Senate a
report containing a plan to expedite the processing of applications for
admission to the United States as a refugee under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) of aliens described in
section 3(a) who apply for admission using the processes under section
2, which shall include information relating to--
(1) expediting the processing of such refugees for
resettlement, including through temporary expansion of the
Refugee Corps of United States Citizenship and Immigration
Services;
(2) increasing the number of personnel of the Department of
State and the Department of Homeland Security devoted to the
processing of such applications;
(3) streamlining existing systems for conducting background
and security checks of such aliens;
(4) establishing facilities to process such applications at
appropriate locations in or near Erbil or Basrah, Iraq, and the
processing of such applications in such facilities; and
(5) the projections of the Secretary of Homeland Security
for the number of refugee interviews that will be conducted
pursuant to section 2 for each month of fiscal years 2016 and
2017, including the number of interviews that will be conducted
pursuant to referrals from the Office of the United Nations
High Commissioner for Refugees, and a plan to increase the
number of such interviews.
(b) Expedited Process.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Homeland Security, shall implement the plan contained
in the report under subsection (a).
SEC. 6. REPORTS.
(a) Annual Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter through 2018, the
Secretary of State, in consultation with the Secretary of Homeland
Security, shall submit to Congress an unclassified report, with a
classified annex if necessary, which includes--
(1) an assessment of the financial, security, and personnel
considerations and resources necessary to carry out the
provisions of this Act;
(2) the number of aliens described in section 3(a);
(3) the number of such aliens who have applied for
admission to the United States as a refugee under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157) using
the processes under section 2; and
(4) in the case of such applications pending for longer
than 180 days, the reason that refugee status has not been
granted in each such case.
(b) Report on Video-Conference Refugee Interviews.--Not later than
120 days after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary of State, shall
submit to Congress an unclassified report, with a classified annex if
necessary, which includes--
(1) the number of aliens who applied for admission as a
refugee under section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) in 2014 who are awaiting interviews in
locations inaccessible to U.S. Citizenship and Immigration
Services officers;
(2) the number of locations worldwide to which Refugee
Corps Officer circuit rides were suspended in 2014 due to
security considerations; and
(3) a proposal for how to implement interviews via video-
conference for aliens who applied for admission the United
States as a refugee under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), who currently reside in
locations where Refugee Corps circuit rides have been
suspended.
SEC. 7. POLICY OF THE UNITED STATES GOVERNMENT.
It is the policy of the United States government that when conflict
arises, the United States, working in concert with the international
community, should undertake its best efforts to protect local
populations and enable them to remain in their home countries or
neighboring host countries in safety and dignity; that when such
conflicts produce forced international displacement, the United States
government should contribute to efforts to provide a safe environment
for displaced populations in their host countries until they can be
safely and humanely repatriated once the conflict is over; that, in
cases where refugees have been allowed by a host country to remain
permanently in such country, the United States government should
encourage such countries to integrate such refugees in safety and
dignity; and that, in the case of refugees facing strong
vulnerabilities during or after the conflict who determine that their
best durable solution is third country resettlement, the United States,
working with the international community, should do all it can to
facilitate access to resettlement in another country, including
resettlement to the United States when such refugees are of special
humanitarian concern to the United States, such as the most vulnerable
and those with family members in the United States. | Protecting Religious Minorities Persecuted by ISIS Act of 2015 This bill directs the Secretary of State to establish or use existing refugee processing mechanisms in Iraq and in other countries through which aliens from Iraq or Syria who have been persecuted, or have a credible fear of being persecuted, by the Islamic State of Iraq and the Levant (ISIS/ISIL), or a similar group, based on gender or religious or ethnic membership may apply directly to the United States Refugee Admissions Program for priority 2 refugee admission to the United States. The processing mechanisms shall ensure that background and security checks are conducted, including the use of biographic and biometric data. The Secretary of State shall: (1) report to Congress a plan to expedite the processing of refugee admissions applications for such aliens, and (2) implement the plan within 180 days of enactment of this Act. It is U.S. policy that when conflict arises the United States should: undertake efforts with the international community to protect local populations and enable them to remain safely in their home countries or in neighboring host countries until they can be safely repatriated; and facilitate third country resettlement if necessary, including U.S. resettlement when such refugees are of special humanitarian concern to the United States. | {"src": "billsum_train", "title": "Protecting Religious Minorities Persecuted by ISIS Act of 2015"} | 2,463 | 282 | 0.714685 | 2.110934 | 0.96571 | 4.025424 | 9.563559 | 0.957627 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Impact Assessments Act of
2008'' or the ``HIA Act of 2008''.
SEC. 2. STUDIES BY THE GOVERNMENT ACCOUNTABILITY OFFICE TO IDENTIFY
BEST PRACTICES OF ASSESSING THE PLANNING AND IMPACT OF
LAND USE, BUILDING DESIGN, AND SOCIAL POLICY ON COMMUNITY
HEALTH.
(a) Study Regarding Health Impact Assessments.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to determine the best practices,
standardized tools, and models for using health impact
assessments as a method to promote health and reduce health
disparities through social policy, land use, the built
environment, and other public policies and projects which have
an impact on the public health. Such study shall specifically
examine the potential use of health impact assessments to link
social determinants of health to land use policies and social
policies.
(2) Submission of report.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that describes
the results of the study conducted under paragraph (1).
(b) Review of Federal Policies and Programs.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to review the positive and
negative health consequences of Federal policies and programs,
and how to consider health impact assessments for any Federal,
State or local project that involves Federal funding or work
performed by the Federal Government. In conducting such study,
the Comptroller General shall examine, and may use as a model,
the environmental impact statements process required by the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Submission of report.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report that describes
the results of the study conducted under paragraph (1).
SEC. 3. NATIONAL DEMONSTRATION PROGRAM.
(a) Center.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall award
a grant to an institution of higher education to--
(A) provide technical assistance and grants for
States and localities to provide to States or local
health departments or metropolitan planning
organizations or local planning departments expertise
on health impact assessments;
(B) collect and disseminate best practices and
provide technical assistance and training about the
scope and uses of heath impact assessments related to
community planning and policy making;
(C) develop necessary data and evidence to inform
health impact assessments and land use and community
design and other broad policy decisions; and
(D) administer the demonstration grant program
described in subsection (b).
(2) Consultation.--In carrying out the grant under
paragraph (1), the Center awarded such grant shall consult with
national organizations with advice and experience regarding
health impact assessments.
(b) Demonstration Program.--
(1) In general.--The Center awarded the grant under
subsection (a) shall award grants to eligible entities to carry
out a demonstration project to establish and implement
effective processes and models for designing and administering
health impact assessments.
(2) Eligible entity.--For purposes of this subsection, the
term ``eligible entity'' means--
(A) a State government, a State health department,
or a State planning department; or
(B) a local government, a local health department,
or a local planning department.
(3) Consultation among state entities and among local
entities.--An eligible entity described in subparagraph (A) or
(B) of paragraph (2) that receives a grant under this
subsection shall consult with the other eligible entities
described under such subparagraph (A) or (B), respectively, in
carrying out the activities under the grant.
(c) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) to carry out subsection (a), $1,000,000 for fiscal year
2009, and such sums as may be necessary for each of fiscal
years 2010 through 2013; and
(2) to carry out subsection (b), $4,000,000 for fiscal year
2009, and such sums as may be necessary for each of fiscal
years 2010 and 2011.
SEC. 4. EXPANSION OF ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
(a) In General.--The Director of the Centers for Disease Control
and Prevention shall expand the capacity of such Centers to promote the
health impact assessment processes to improve public health and health
equity and reduce health disparities in land use, the physical
environment, social policies, and exposure to health risks. Such
expansion shall include developing guidance for assessing the public
participation and potential health effects of land use and design,
housing and transportation policy and plans, and other social policy
decisions as appropriate, the expansion of training efforts, and the
development and dissemination of training tools.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for fiscal year 2009,
and such sums as may be necessary for each of fiscal years 2010 through
2013.
SEC. 5. DEFINITIONS.
In this Act:
(1) Built environment.--The term ``built environment''
means an environment consisting of all buildings, spaces, and
products that are created or modified by individuals,
including--
(A) homes, schools, workplaces, parks and
recreation areas, greenways, business areas, and
transportation systems;
(B) electric transmission lines;
(C) waste disposal sites; and
(D) land-use planning and policies that impact
urban, rural, and suburban communities.
(2) Health impact assessment.--The term ``health impact
assessment'' means any combination of procedures, methods,
tools, and means used to analyze the actual or potential
effects of a policy, program, or project on the health of a
population (including the distribution of those effects within
the population), and that identifies appropriate actions to
manage those effects. Such term may include assessments that
can objectively evaluate the potential health effects of a
project or policy and provide recommendations to improve health
outcomes through collaboration, public transparency, and
accountability in policy making about the societal dimensions
of health.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Health Impact Assessments Act of 2008 or the HIA Act of 2008 - Directs the Comptroller General to conduct a study to determine the best practices, standardized tools, and models for using health impact assessments as a method to promote health and reduce health disparities through social policy, land use, the built environment, and other public policies and projects.
Requires the Comptroller General to review: (1) the positive and negative health consequences of federal policies and programs; and (2) how to consider health impact assessments for any federal, state, local project that involves federal funding or work performed by the federal government.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award a grant to an institution of higher education to: (1) provide for expertise on health impact assessment to states, local health departments, metropolitan planning organizations, and local planning departments; (2) collect and disseminate best practices and provide technical assistance and training about the scope and uses of health impact assessments related to community planning and policy making; (3) develop necessary data and evidence to inform health impact assessments and land use and community design and other broad policy decisions; and (4) carry out a demonstration project to establish and implement effective processes and models for designing and administering health impact assessments.
Requires the Director to expand CDC's capacity to promote the health impact assessment processes, including by developing guidance for assessing the public participation and potential health effects of social policy decisions. | {"src": "billsum_train", "title": "A bill to stimulate social policy and community environments to improve health by encouraging policies and programs to improve community health by policy and design, and for other purposes."} | 1,408 | 319 | 0.757716 | 2.363955 | 0.823066 | 5.493289 | 4.40604 | 0.97651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compact-Impact Aid Act of 2013''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) In approving the Compact of Free Association it was not
the intent of Congress to cause adverse consequences for
States, territories, and other jurisdictions of the United
States.
(2) Congress declared that if any adverse consequences to
States, territories, and other jurisdictions of the United
States resulted from implementation of the Compact of Free
Association, Congress would act sympathetically and
expeditiously to redress those adverse consequences.
(3) The Government Accountability Office has reported that
migration from the Freely Associated States has had a
significant impact on Guam, the Commonwealth of the Northern
Mariana Islands, and the State of Hawaii and some areas of the
continental United States.
(4) By placing demands on local governments for health,
educational, and other social services, migration under the
Compact has adversely affected the budgetary resources of
several States and territories.
(5) Insufficient sums have been appropriated to cover the
costs incurred by Guam, the Commonwealth of the Northern
Mariana Islands, and the State of Hawaii, resulting from
increased demands placed on health, educational, and other
social services by individuals from the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
(b) Purpose.--It is the purpose of this Act to address the unfunded
mandate and adverse financial consequences resulting from the Compact
by meeting the obligations set forth in the Compact.
SEC. 3. ENSURING MANDATORY APPROPRIATIONS AND HEALTH SERVICES
REIMBURSEMENT AS PART OF COMPACT-IMPACT AID.
(a) In General.--Section 104(e)(6) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1904(e)(6)) is amended to read as
follows:
``(6) Impact costs.--
``(A) Authorization and continuing
appropriations.--
``(i) In general.--There is hereby
authorized and appropriated to the Secretary of
the Interior, for fiscal year 2013,
$185,000,000 with subsequent increases as
needed to address significant increases in
migration for grants to any local government of
the United States that demonstrates financial
strain due to demands on public services by
significant immigration of individuals from the
Federated States of Micronesia, the Republic of
the Marshall Islands, and the Republic of
Palau, and to aid in defraying costs incurred
by their governments as a result of increased
demands placed on health, educational, social,
or public safety services, or infrastructure
related to such services due to the residence
of qualified nonimmigrants.
``(ii) Awarding.--The grants under clause
(i) shall be--
``(I) awarded and administered by
the Department of the Interior, Office
of Insular Affairs, or any successor
thereto, in accordance with
regulations, policies and procedures
applicable to grants so awarded and
administered; and
``(II) used only for health,
educational, social, or public safety
services, or infrastructure related to
such services, specially affected by
qualified nonimmigrants.
``(iii) Enumeration.--For purposes of
carrying out this subparagraph, the Secretary
of the Interior shall provide for periodic
enumerations of qualified nonimmigrants in the
States and territories of the United States.
The enumerations--
``(I) shall be conducted at such
intervals as the Secretary of the
Interior shall determine; and
``(II) shall be supervised by the
United States Bureau of the Census or
any other organization that the
Secretary of the Interior selects.
``(iv) Allocation.--The Secretary of the
Interior shall allocate to each of the
governments of qualified affected areas, grants
under clause (i) for a fiscal year on the basis
of the ratio of the number of qualified
immigrants (as most recently enumerated under
clause (iii)) in the respective jurisdiction to
the total of such numbers for all the
jurisdictions.
``(B) Treatment of certain health care impact
costs.--Notwithstanding any other provision of law, for
purposes of providing medical assistance for qualified
nonimmigrants under title XIX of the Social Security
Act in the case of a State or territory referred to in
subparagraph (A)(i)--
``(i) such individuals shall be treated in
the same manner as an individual described in
section 402(a)(2)(G) of Public Law 104-193, as
amended;
``(ii) the Federal medical assistance
percentage shall be the same percentage as is
applied to medical assistance for services
which are received through an Indian Health
Service Facility; and
``(iii) payments under such title for
medical assistance for such individuals shall
not be taken into account in applying any
limitations under section 1108 of the Social
Security Act.
``(C) Qualified nonimmigrant defined.--In this
paragraph, term `qualified nonimmigrant' means a person
admitted to the United States pursuant to--
``(i) section 141 of the Compact of Free
Association set forth in title II; or
``(ii) section 141 of the Compact of Free
Association between the United States and the
Government of Palau.''.
(b) Effective Date.--Section 104(e)(6)(B) of the Compact of Free
Association Act of 1985, as amended by subsection (a), shall apply to
medical assistance for items and services furnished during or after
fiscal year 2013. | Compact-Impact Reimbursement Act of 2013 - Amends the Compact of Free Association Act of 1985 to authorize and appropriate FY2013 funds to the Secretary of the Interior for: (1) grants to any local government of the United States that demonstrates financial strain due to demands on public services by significant immigration from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and (2) aid in defraying costs incurred as a result of increased demands placed on health, educational, social, or public safety services, or infrastructure related to such services due to the residence of qualified nonimmigrants. Directs the Secretary to provide for periodic enumerations of qualified nonimmigrants in the states and territories of the United States. Defines "qualified nonimmigrant" as a person admitted to the United States pursuant to: (1) section 141 of the Compact of Free Association set forth in title II, or (2) section 141 of the Compact of Free Association between the United States and the government of Palau. | {"src": "billsum_train", "title": "Compact-Impact Aid Act of 2013"} | 1,246 | 236 | 0.651198 | 2.080692 | 0.960926 | 5.302564 | 5.733333 | 0.94359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Access for America's
Soldiers Act of 2003''.
SEC. 2. OPPORTUNITY FOR ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE
MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the enactment of
this section, a qualified individual (described in subsection (b)) may
make an irrevocable election under this section to become entitled to
basic educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before, on, or after July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member
and continues to serve on active duty for some or all of the
one-year period referred to in subsection (a).
``(3) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(4) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who makes an election under this
section to become entitled to basic educational assistance under this
chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$2,700; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(4), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--Section 3017(b)(1) of such title is
amended--
(1) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(2) in subparagraph (B), by inserting ``or 3018D(c)'' after
``under section 3018C(e)''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Educational Access for America's Soldiers Act of 2003 - Authorizes an individual, during the year following enactment of this Act, to make an irrevocable election for entitlement to basic educational assistance under the Montgomery GI Bill if such individual: (1) first became a member of the armed forces or entered active duty before, on, or after July 1, 1985; (2) has served on active duty without a break in service and continues to serve for some or all of the year before enactment of this Act; (3) has completed requirements of a secondary school diploma or the equivalent of 12 semester hours in a program leading to a standard college degree; and (4) is discharged or released from active duty honorably.Requires such individual's basic pay to be reduced, over an 18-month period, until the total reduction is $2,700, as a contribution toward such educational assistance. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for any servicemember who did not enroll for the program of educational assistance under the Montgomery GI Bill an opportunity to enroll for that program."} | 1,114 | 195 | 0.655241 | 1.7342 | 0.912295 | 3.739884 | 6.069364 | 0.953757 |
SECTION 1. ESTABLISHMENT OF NATIONAL COMMISSION ON FAIRNESS IN MILITARY
COMPENSATION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission on Fairness in Military Compensation'' (in
this Act referred to as the ``Commission'').
(b) Membership of Commission.--The Commission shall consist of 16
members, as follows:
(1) The Secretary of Defense.
(2) The Secretary of Agriculture.
(3) The Director of the Office of Management and Budget.
(4) The Secretary of Health and Human Services.
(5) Two Members of the Senate, one Member selected by the
President pro tempore of the Senate and one Member selected by
the minority leader of the Senate.
(6) Two Members of the House of Representatives, one Member
selected by the Speaker of the House and one Member selected by
the minority leader of the House of Representatives.
(7) Eight additional members appointed by the President
from the general public or as representatives of nonprofit or
military advocacy organizations, such as--
(A) the American Legion;
(B) the Veterans of Foreign Wars;
(C) the USO;
(D) the Non-Commissioned Officers Association;
(E) the Retired Enlisted Association;
(F) the Fleet Reserve Association;
(G) the Association of the United States Army;
(H) the National Military Family Association; and
(I) the Air Force Sergeants Association.
(c) Time for Appointment.--The members of the Commission required
to be appointed or selected under subsection (b) shall be appointed or
selected not later than 6 months after the date of the enactment of
this Act.
(d) Chairperson.--The Commission shall elect a Chairperson from
among its membership.
SEC. 2. FUNCTIONS OF COMMISSION.
(a) Review of Fairness of Military Compensation.--The Commission
shall determine the extent to which members of the Armed Forces or
their dependents have come to rely on food stamps, the special
supplemental food program under section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), and other Federal or local assistance
programs as a necessary supplement to their regular military
compensation and the circumstances that lead to such dependence. In the
case of members of the Armed Forces stationed outside the United States
who are unable to receive such assistance, the Commission shall also
determine the general standard of living for these members and their
dependents.
(b) Report and Recommendations.--On the basis of the review
conducted under subsection (a), the Commission shall prepare and submit
to the President and Congress a report containing the findings of the
Commission and specific recommendations on possible changes in the
military pay structure or other methods to ensure that members of the
Armed Forces receive adequate compensation so that they are able to
provide for themselves and their families without seeking special
financial assistance to maintain a decent standard of living. The
report shall be submitted within 180 days after the first meeting of
the Commission.
SEC. 3. GENERAL POWERS OF COMMISSION.
(a) Quorum.--A majority of the members of the Commission shall
constitute a group for the transaction of business.
(b) Vacancies.--Any vacancy on the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(c) Prohibition of Additional Pay.--Members of the Commission who
are officers or employees of the United States shall receive no
additional pay, allowances, or benefits by reason of their service on
the Commission. Members appointed from among private citizens of the
United States may be allowed travel expenses, including per diem, in
lieu of subsistence, as authorized by law for persons serving
intermittently in the government service to the extent funds are
available for such expenses.
(d) Hearings.--For the purpose of carrying out this Act, the
Commission may hold such hearings and sit and act at such times and
places as the Commission may find advisable.
(e) Rules and Regulations.--The Commission may adopt such rules and
regulations as may be necessary to establish its procedures and to
govern the manner of its operations, organization, and personnel.
(f) Assistance From Federal Agencies.--(1) The Commission may
request from the head of any Federal agency or instrumentality such
information as the Commission may require for the purpose of this Act.
Upon request made by the Chairperson of the Commission, each such
agency or instrumentality shall furnish such information to the
Commission, to the extent permitted by law and subject to the
exceptions set forth in section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act).
(2) Upon request of the Chairperson of the Commission, the head of
any Federal agency or instrumentality shall, to the extent possible and
subject to the discretion of such head--
(A) make any of the facilities and services of such agency
or instrumentality available to the Commission; and
(B) detail any of the personnel of such agency or
instrumentality to the Commission, on a reimbursable basis, to
assist the Commission in carrying out its duties under this
Act, except that any expenses of the Commission incurred under
this subparagraph shall be subject to the limitation on total
expenses set forth in section 4(b).
(g) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(h) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts
with State agencies, private firms, institutions, and individuals for
the purpose of conducting research or surveys necessary to enable the
Commission to discharge its duties under this Act, subject to the
limitation on total expenses set forth in section 4(b).
(i) Staff.--Subject to such rules and regulations as may be adopted
by the Commission, the Chairperson of the Commission (subject to the
limitation on total expenses set forth in section 4(b)) shall have the
power to appoint, terminate, and fix the compensation (without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of provision of law,
relating to the number, classification, and General Schedule rates) of
an Executive Director, and of such additional staff as the Chairperson
deems advisable to assist the Commission, at rates not to exceed a rate
to the maximum rate for GS-15, of the General Schedule under section
5332 of such title.
SEC. 4. EXPENSES OF COMMISSION.
(a) In General.--Any expenses of the Commission shall be paid from
such funds as may be available to the Secretary of Defense.
(b) Limitation.--The total expenses of the Commission shall not
exceed $750,000.
(c) GAO Audit.--Prior to the termination of the Commission, the
Comptroller General of the United States shall conduct an audit of the
financial books and records of the Commission to determine that the
limitation on expenses has been met, and shall include its
determination in an opinion to be included in the report of the
Commission.
SEC. 5. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date on which the
Commission submits its final report under section 2(b). | Establishes the National Commission on Fairness in Military Compensation to: (1) determine the extent to which military personnel or their dependents rely on food stamps, the special supplemental food program under the Child Nutrition Act of 1966, and other Federal or local assistance programs as a necessary supplement to their regular military compensation, and the circumstances that lead to such dependence; and (2) submit to the President and the Congress a report on its findings and its recommendations on possible changes in the military pay structure so that military personnel will receive adequate compensation and no longer rely on such other forms of assistance. Limits to $750,000 the total authorized expenses of the Commission. Requires the Comptroller General to audit Commission books and records in order to ensure compliance with such expense limit. Terminates the Commission 30 days after submission of its report. | {"src": "billsum_train", "title": "To establish a national commission to review the regular military compensation of members of the Armed Forces and develop recommendations to end the dependence of some members and their families on Federal and local assistance programs."} | 1,605 | 172 | 0.579892 | 1.598021 | 0.958965 | 3.35625 | 9.3125 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury Act of
2006''.
SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Prevention of Traumatic Brain Injury.--Clause (ii) of section
393A(b)(3)(A) of the Public Health Service Act (42 U.S.C. 280b-1b) is
amended by striking ``from hospitals and trauma centers'' and inserting
``from hospitals and emergency departments''.
(b) National Program for Traumatic Brain Injury Surveillance and
Registries.--Part J of title III of the Public Health Service Act (42
U.S.C. 280b et seq.) is amended--
(1) by redesignating the first section 393B (relating to
the use of allotments for rape prevention education) as section
392A and moving such section so that it follows section 392;
and
(2) by amending section 393B--
(A) in the section heading, by inserting
``surveillance and'' after ``national program for
traumatic brain injury'';
(B) by striking ``(a) In General.--''; and
(C) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``to collect data concerning--'' and inserting
``may make grants to States or their designees to
develop or operate the State's traumatic brain injury
surveillance system or registry to determine the
incidence and prevalence of traumatic brain-related
injury disability, to ensure the uniformity of
reporting under such system or registry, to link
individuals with traumatic brain injury to services and
supports, and to link such individuals with academic
institutions to conduct applied research that will
support the development of such surveillance systems
and registries as may be necessary. A surveillance
system or registry under this section shall provide for
the collection of data concerning--''.
(c) Authorization of Appropriations.--Section 394A of the Public
Health Service Act (42 U.S.C. 280b-3) is amended--
(1) by striking ``For the purpose'' and inserting ``(a) For
the purpose'';
(2) by striking ``and'' after ``for fiscal year 1994;'';
(3) by striking ``and'' after ``through 1998,'';
(4) by striking the second period at the end; and
(5) by inserting ``, and such sums as may be necessary for
each of fiscal years 2006 through 2010'' before the period at
the end.
SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.
Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
(1) in subparagraph (D) of subsection (d)(4), by striking
``head brain injury'' and inserting ``brain injury''; and
(2) in subsection (i), by inserting ``, and such sums as
may be necessary for each of fiscal years 2006 through 2010''
before the period at the end.
SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY.
(a) Amendment.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393B
the following:
``SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY.
``(a) Study.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention with respect to paragraph
(1) and the Director of the National Institutes of Health with respect
to paragraphs (2) and (3), shall conduct a study with respect to
traumatic brain injury for the purpose of carrying out the following:
``(1) In collaboration with appropriate State and local
health-related agencies--
``(A) determining the incidence and prevalence of
traumatic brain injury in all age groups in the general
population of the United States, including
institutional settings, such as nursing homes,
correctional facilities, psychiatric hospitals, child
care facilities, and residential institutes for people
with developmental disabilities; and
``(B) collecting, maintaining, and reporting
national trends in traumatic brain injury.
``(2) Identifying common therapeutic interventions which
are used for the rehabilitation of individuals with such
injuries, and, subject to the availability of information,
including an analysis of--
``(A) the effectiveness of each such intervention
in improving the functioning, including return to work
or school and community participation, of individuals
with brain injuries;
``(B) the comparative effectiveness of
interventions employed in the course of rehabilitation
of individuals with brain injuries to achieve the same
or similar clinical outcome; and
``(C) the adequacy of existing measures of outcomes
and knowledge of factors influencing differential
outcomes.
``(3) Developing practice guidelines for the rehabilitation
of traumatic brain injury at such time as appropriate
scientific research becomes available.
``(b) Dates Certain for Reports.--Not later than 3 years after the
date of the enactment of the Traumatic Brain Injury Act of 2005, the
Secretary shall submit to the Congress a report describing findings
made as a result of carrying out subsection (a).
``(c) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to trauma. The Secretary may revise the
definition of such term as the Secretary determines necessary.''.
(b) Conforming Amendment.--Public Law 104-166 (42 U.S.C. 300d-61
note) is amended by striking section 4.
SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) State Grants for Demonstration Projects Regarding Traumatic
Brain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C.
300d-52) is amended--
(1) in subsection (a)--
(A) by striking ``may make grants to States'' and
inserting ``may make grants to States and American
Indian consortia''; and
(B) by striking ``health and other services'' and
inserting ``rehabilitation and other services'';
(2) in subsection (b)--
(A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and
(3)(A)(iv), by striking the term ``State'' each place
such term appears and inserting the term ``State or
American Indian consortium''; and
(B) in paragraph (2), by striking ``recommendations
to the State'' and inserting ``recommendations to the
State or American Indian consortium'';
(3) in subsection (c)--
(A) by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium''; and
(B) in paragraph (1), by striking `` each $2'' and
inserting ``each $5'';
(4) in subsection (e), by striking ``A State that
received'' and all that follows through the period and
inserting ``A State or American Indian consortium that received
a grant under this section prior to the date of the enactment
of the Traumatic Brain Injury Act of 2005 may complete the
activities funded by the grant.'';
(5) in subsection (f)--
(A) in the subsection heading, by inserting ``and
American Indian Consortium'' after ``State'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), paragraph (1)(E), paragraph (2)(A),
paragraph (2)(B), paragraph (3) in the matter preceding
subparagraph (A), paragraph (3)(E), and paragraph
(3)(F), by striking the term ``State'' each place such
term appears and inserting ``State or American Indian
consortium'';
(C) in clause (ii) of paragraph (1)(A), by striking
``children and other individuals'' and inserting
``children, youth, and adults''; and
(D) in subsection (h)--
(i) by striking ``Not later than 2 years
after the date of the enactment of this
section, the Secretary'' and inserting ``Not
less than bi-annually, the Secretary''; and
(ii) by inserting ``section 1253, and
section 1254,'' after ``programs established
under this section,'';
(6) by amending subsection (i) to read as follows:
``(i) Definitions.--For purposes of this section:
``(1) The terms `American Indian consortium' and `State'
have the meanings given to those terms in section 1253.
``(2) The term `traumatic brain injury' means an acquired
injury to the brain. Such term does not include brain
dysfunction caused by congenital or degenerative disorders, nor
birth trauma, but may include brain injuries caused by anoxia
due to near drowning. The Secretary may revise the definition
of such term as the Secretary determines necessary, after
consultation with States and other appropriate public or
nonprofit private entities.''; and
(7) in subsection (j), by inserting ``, and such sums as
may be necessary for each of the fiscal years 2006 through
2010'' before the period.
(b) State Grants for Protection and Advocacy Services.--Section
1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended--
(1) in subsections (d) and (e), by striking the term
``subsection (i)'' each place such term appears and inserting
``subsection (l)'';
(2) in subsection (g), by inserting ``each fiscal year not
later than October 1,'' before ``the Administrator shall pay'';
(3) by redesignating subsections (i) and (j) as subsections
(l) and (m), respectively;
(4) by inserting after subsection (h) the following:
``(i) Data Collection.--The Administrator of the Health Resources
and Services Administration and the Commissioner of the Administration
on Developmental Disabilities shall enter into an agreement to
coordinate the collection of data by the Administrator and the
Commissioner regarding protection and advocacy services.
``(j) Training and Technical Assistance.--
``(1) Grants.--For any fiscal year for which the amount
appropriated to carry out this section is $6,000,000 or
greater, the Administrator shall use 2 percent of such amount
to make a grant to an eligible national association for
providing for training and technical assistance to protection
and advocacy systems.
``(2) Definition.--In this subsection, the term `eligible
national association' means a national association with
demonstrated experience in providing training and technical
assistance to protection and advocacy systems.
``(k) System Authority.--In providing services under this section,
a protection and advocacy system shall have the same authorities,
including access to records, as such system would have for purposes of
providing services under subtitle C of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000.''; and
(5) in subsection (l) (as redesignated by this
subsection)--
(A) by striking ``and'' after ``fiscal year 2001,''
; and
(B) by inserting ``and such sums as may be
necessary for each of the fiscal years 2006 through
2010''. | Traumatic Brain Injury Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to conduct a study to: (1) determine the incidence and prevalence of traumatic brain injury; (2) report national trends in traumatic brain injury; (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries; and (4) develop practice guidelines for such rehabilitation.
Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia (currently, only states) to improve access to rehabilitation (currently, health) and other services regarding traumatic brain injury.
Requires the Administration and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the expansion and improvement of traumatic brain injury programs, and for other purposes."} | 2,618 | 227 | 0.551514 | 1.544697 | 0.725209 | 3.861905 | 11.257143 | 0.919048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients Right to Know Act of
2013''.
SEC. 2. PROTECTION OF CERTAIN HEALTH INSURANCE DISCLOSURES.
(a) In General.--Section 2715 of the Public Health Service Act (42
U.S.C. 300gg-15) is amended by adding at the end the following new
subsection:
``(h) Protection of Disclosure of Fee and Other Additional
Information.--
``(1) In general.--A health insurance issuer or sponsor of
a group health plan, with respect to its annual summary of
benefits and coverage explanation provided under subsection
(d)--
``(A) shall include (effective for plan years
beginning on or after January 1, 2016, and in addition
to the information required to be disclosed under this
section)--
``(i) the applicable additional information
relating to fees described in paragraph (2);
and
``(ii) the applicable additional
information included under paragraph (3)(D);
and
``(B) shall not be subject to any administrative
action by the Secretary or by a State authority with
respect to any disclosure made on or after the date of
the enactment of this subsection of such applicable
additional information if the disclosure is made based
upon a good faith estimate of such information and is
in accordance with such standards as the Secretary may
establish to carry out this subsection.
``(2) Fee information.--The additional information
described in this paragraph, with respect to a health insurance
issuer issuing health insurance coverage in the individual,
small, or large group market and with respect to the sponsor of
a group health plan, is as follows:
``(A) Fee on health insurance providers.--The
annual fee on health insurance providers under section
9010 of the Patient Protection and Affordable Care Act
(26 U.S.C. 4001 note).
``(B) PCORI tax.--Fees imposed under subchapter B
of chapter 34 of the Internal Revenue Code of 1986
(relating to funding the Patient-Centers Outcome
Research Institute).
``(C) Reinsurance contributions.--Reinsurance
contributions required under section 1341(b) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18061(b)).
``(D) Proposed health insurance exchange user
fee.--Fees imposed on health plans relating to
participation in an Exchange under subtitle D of title
I of the Patient Protection and Affordable Care Act (42
U.S.C. 18021 et seq.).
``(E) Risk corridor payments.--Risk corridor
payments required under section 1342(b)(2) of the
Patient Protection and Affordable Care Act (42 U.S.C.
18062(b)(2)).
``(F) Risk adjustment charges.--Risk adjustment
charges imposed under section 1343(a)(1) of the Patient
Protection and Affordable Care Act (42 U.S.C.
18063(a)(1)).
In the case of health insurance coverage, such costs may be
calculated separately for such coverage in the individual
market, in the small group market, and in the large group
market for the health insurance issuer involved.
``(3) Other information.--
``(A) Study.--The Comptroller General of the United
States shall conduct a study of methods of calculating
the impact on average premium costs associated with
each of the following:
``(i) Market impact of guaranteed issue and
community rating.--The requirement for
guaranteed issuance of coverage under section
2702 and community rated premiums under section
2701.
``(ii) Age rating impact.--The requirement
of section 2701(a)(1)(A)(iii) (relating to
limitations on age rating).
``(iii) Women's preventive services.--The
requirement for coverage of women's preventive
services under section 2713.
``(iv) Minimum essential health benefits
coverage.--The requirement that coverage
provide for at least 60 percent of the
actuarial value of essential health benefits
under section 1302(d) of the Patient Protection
and Affordable Care Act. (42 U.S.C. 18022(d)).
``(B) Consultation.--In conducting such study, the
Comptroller General shall consult with health insurance
issuers and State health insurance commissioners.
``(C) Report.--Not later than October 1, 2014, the
Comptroller General shall submit to each House of
Congress and the Secretary a report on the study
conducted under subparagraph (A).
``(D) Inclusion of additional information.--After
submission of such report, the Secretary may also
include in the information required to be disclosed
under paragraph (1)(A)(ii) information on the impact on
premiums of each of the requirements described in
subparagraph (A).
``(4) Retention of state rate setting authority.--Nothing
in this subsection shall be construed to preempt State
authority to regulate, reject, alter, or require additional
information in support of rates for health insurance coverage
or oversight authority of the Secretary.''. | Patients Right to Know Act of 2013 - Amends the Public Health Service Act to require health plans to include in their annual summary of benefits and coverage explanations: (1) the annual fee on health insurance providers under the Patient Protection and Affordable Care Act, (2) the annual fees imposed on health insurance policies, (3) required contributions by health plans to the reinsurance program, (4) user fees on health plans participating in health insurance exchanges, (5) payments by health plans whose costs are lower than the target amount (premiums collected minus administrative costs), and (6) charges assessed by states on health plans whose enrollees have a lower actuarial risk than the average actuarial risk of all enrollees in a state. Allows such costs to be calculated separately for individual, small group, or large group markets. Requires the Comptroller General (GAO) to study the methods of calculating the impact on average premium costs associated with: (1) guaranteed issuance of coverage and community rated premiums, (2) limitations on age rating, (3) required coverage of women's preventive services, and (4) the requirement that plans cover at least 60% of the actuarial value of essential health benefits. | {"src": "billsum_train", "title": "Patients Right to Know Act of 2013"} | 1,133 | 262 | 0.495868 | 1.331305 | 0.760241 | 2.653846 | 4.166667 | 0.876068 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Nutraceutical
Research and Education Act''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Consumers spend annually an estimated $12,000,000,000
on dietary supplements and billions more on medical and similar
foods. Nevertheless, the health benefits of these products have
not, in most cases, been demonstrated by clinical testing or
other means. In consequence, specific health claims may not be
advanced for them. Consumers are thus left uncertain as to the
value of these products in promoting health and well-being, and
preventing or reducing the risk of disease, including the
management of a disease or condition. The companies that
produce these products desire to provide them to consumers with
specific health claims based on clinical testing. The Federal
Government demands sound scientific evidence of safety and
effectiveness in order to fulfill its statutory mandate to
protect and promote the public health.
(2) Because dietary supplements and similar foods are
natural products widely available without a strong proprietary
position, a person who now finances the cost of research
successfully demonstrating the health benefits of such a
product receives no special economic benefit in the marketplace
to repay that cost. Others, who have not contributed to those
research costs, may nevertheless embrace the findings of that
research to support identical claims for their own versions of
the product. Without economic incentive to research and develop
new products, those who would finance the cost of research are
presently focusing their efforts on promotional activities to
the disservice of the public interest and health.
(3) It is in the national interest to encourage clinical
research into the health benefits of dietary supplements,
medical foods, and other foods.
(4) Current regulatory and epistemological chaos exists
with regard to health claims for foods, dietary supplement, and
medical foods. It is in the national interest to provide a
category of products that have recognized health benefits but
are not drugs and to recognize that these products are safe
when used as indicated on their labeling.
(5) It is necessary to promote research into the health
benefits of dietary supplements, medical foods, and other foods
and to require that these health benefits be established by the
results of clinical studies.
(6) It is necessary to establish a regulatory system within
the Food and Drug Administration for reviewing health claims of
health benefits of such products which is less burdensome than
the traditional regulatory scheme for drugs and to stimulate
the industry to devote resources to proving the health claims
anticipated under this Act since such claims relate to the
possibility of preventing or reducing the risk of disease,
including the management of a disease or health condition.
(7) It is necessary to update the present regulatory scheme
to reflect the fact that such products can safely prevent
disease and health conditions, manage or improve health, or
reduce the risk of disease.
(b) Statement of Purpose.--It is the purpose of this Act to--
(1) promote research into the health benefits of dietary
supplements, medical foods, and other foods;
(2) establish a simplified process within the Food and Drug
Administration for reviewing, on a case by case method, health
claims of health benefits of such nutraceutical products made
under a petition under section 403(r)(4) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(r)(3));
(3) prescribe a period of exclusive marketing protection
for a person that demonstrates the health benefits of a dietary
supplement, medical food, or other food, and who markets such
product in association with approved labeling that describes
its contribution to human health; and
(4) confirm the health benefits of these products as
determined by clinical trials, and disseminate this information
to the public and the health care profession, so that the
public and the health care profession may integrate this
knowledge into practice.
SEC. 3. DEFINITIONS.
Section 201 (21 U.S.C 321) is amended by adding at the end the
following:
``(kk) The term `nutraceutical' means a dietary supplement, food,
or medical food, as respectively defined in paragraphs (f) and (ff) and
section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)), that--
``(1) possesses health benefits; and
``(2) is safe for human consumption in such
quantity, and with such frequency, as required to
realize such properties.
``(ll) The term `health benefit', when used with reference to a
nutraceutical, means a benefit which prevents or reduces the risk of a
disease or health condition, including the management of a disease or
health condition or the improvement of health.
SEC. 4. HEALTH CLAIMS.
(a) Nutraceutical Health Claim.--Section 403(r)(5)(D) (21 U.S.C.
343(r)(5)(D)) is amended by inserting before the period the following:
``except that in the case of a claim made with respect to a
nutraceutical, the regulation shall be issued by the Secretary under
subparagraph (4)(D)''.
(b) Petition.--Section 403(r)(4) (21 U.S.C. 343(r)(4)) is amended
by adding at the end the following:
``(D)(i) Any person may file a petition with the Secretary to issue
a regulation relating to a claim for a nutraceutical described in
subparagraph (5)(D).
``(ii) A petition filed under subclause (i) shall be prepared in
such form, and submitted in such manner, as the Secretary may
prescribe, and, with respect to the product sought to be introduced as
a nutraceutical, shall contain the following:
``(I) A report of at least 1 clinical trial which has been
conducted on the product which is the subject of the petition.
Such clinical trial results shall address the potential health
benefits of the product and its safety. The results of the
clinical trial must demonstrate and characterize the beneficial
relationship or the significance of the relationship of the
nutraceutical in such product to a disease or its affects on a
health related condition, health problem, or health status. The
clinical trial must have a sufficient size to prove the
benefits and may have as its endpoints either surrogate markers
or clinical endpoints to support the claim. The application may
also include epidemiological or preclinical studies in support
of the clinical trial. The amount of evidence necessary to
sustain a claim will be determined by the Secretary on a case
by case basis.
``(II) Evidence that it is safe for human consumption in
such quantity, and with such frequency, as required to provide
the health benefits.
``(III) A complete description, in the case of a processed
product, as to its ingredients or chemical composition.
``(IV) Information adequate to enable the Secretary to
determine, where pertinent, that the methods used in, and the
facilities and controls used for, processing and packing the
product are sufficient to preserve its identity, strength,
quality, and purity.
``(V) Such samples of the product as the Secretary may
require.
``(VI) A specimen of the labeling proposed to be used with
the product, when introduced or delivered for introduction into
commerce as a nutraceutical, that accurately and completely
describes its health benefits under its stated conditions of
use.
``(iii) Within 7 days of the receipt of a petition, the Secretary
shall cause it to be published in the Federal Register to provide
notice to the public that the petition has been filed. Such notice
shall contain the name of the petitioner, date and time of filing, a
summary and description of the proposed product, and the nature of the
proposed health claim.
``(iv) When a petition is filed for a nutraceutical claim under
subparagraph (5)(D), no other petition for a product which is the same
as or similar to the product for which a petition has been filed and no
other petition for a claim which is the same or similar to the claim
for which a petition has been filed may be filed until final action has
been taken on the first petition.
``(v) A person who files a petition for a claim for a nutraceutical
claim under subparagraph (5)(D) may apply to the Secretary to amend the
petition when the amendment is required by a change in the product due
to new and unexpected findings in research on the product or the
disease or condition for which the product is being proposed.
``(vi) The Secretary shall refer any petition filed for a
nutraceutical claim under subclause (i) to the Advisory Council on
Nutraceuticals established under section 7 of the Nutraceutical
Research and Education Act.
``(vii) The Secretary shall take final action on a petition which--
``(I) was filed under subclause (i), and
``(II) was determined by such Advisory Council on
Nutraceuticals to be worthy of review,
not later than 6 months after the date the petition is filed.''.
SEC. 5. MARKET PROTECTION FOR NUTRACEUTICAL.
(a) In General.--Section 403(r) is amended by adding at the end the
following:
``(8) If the Secretary issues a regulation in response to a
petition filed under subparagraph (4) relating to a claim for a
nutraceutical described in subparagraph (5)(D), the Secretary may not
issue another regulation for an essentially identical nutraceutical
claim during the 10-year period that begins on the date that the
Secretary approved the original petition, except that--
``(A) if a petition is submitted for an essentially
identical nutraceutical claim for a nutraceutical the intended
use of which provides greater effectiveness, greater safety, or
otherwise a major contribution to patient care, the Secretary
may issue a regulation under subparagraph (4)(D) for such
claim; or
``(B) if a petition is subsequently revoked, another
petition may be submitted to the Secretary for an essentially
identical nutraceutical claim.''.
(b) Misbranding.--Section 402 (21 U.S.C. 342) is amended by adding
at the end the following:
``(h) If it is a nutraceutical and it has not had a petition
approved under section 403(r)(4)(D).''.
SEC. 6. GOOD MANUFACTURING PRACTICES.
Section 402(g) (21 U.S.C 342(g)) is amended by--
(1) inserting ``, including a nutraceutical'' after
``dietary supplement'' in subparagraph (1); and
(2) inserting ``, including nutraceuticals'' after
``dietary supplements'' in subparagraph (2).
SEC. 7. ADVISORY COUNCIL ON NUTRACEUTICALS.
(a) Establishment.--There is established within the Food and Drug
Administration an advisory council to be known as the ``Advisory
Council on Nutraceuticals''.
(b) Duties.--The Advisory Council shall evaluate the merit of each
petition filed for a nutraceutical health claim under section
403(r)(4)(D) of the Federal Food, Drug, and Cosmetic Act, including the
proposed labeling of the product that is the subject of the petition,
and submit its evaluation to the Secretary. The evaluation of the
Advisory Council shall determine if a petition is worthy of review by
the Food and Drug Administration and whether it conflicts with any
other petition.
(c) Membership.--
(1) In general.--The Advisory Council shall consist of ex
officio members and not more than 6 additional members
appointed by the Secretary. The ex officio members shall be
nonvoting members.
(2) Ex officio members.--The ex officio members of the
Advisory Council shall be the Secretary, the Director of the
National Institutes of Health (hereinafter in this Act referred
to as the ``Director of NIH''), and such additional officers or
employees of the United States as the Secretary determines
necessary for the Advisory Council to carry out its functions.
(3) Other members.--The members of the Advisory Council who
are not ex officio members shall be appointed by the Secretary
from among individuals distinguished in the fields of health,
nutrition, or biomedical research.
(d) Compensation.--Members of the Advisory Council who are officers
or employees of the United States shall serve on the Advisory Council
as part of their official duties, and shall not receive additional
compensation therefor. Other members of the Advisory Council shall
receive, for each day (including traveltime) they are engaged in the
performance of Advisory Council functions, compensation at rates not to
exceed the daily equivalent of the annual rate in effect for grade ES-1
(5 U.S.C. 5382). Such other members, when performing Advisory Council
functions (including travel to and from Advisory Council meetings),
shall be entitled to travel expenses (including per diem in lieu of
subsistence) as authorized by section 5703 of title 5, United States
Code, for persons in the Government service employed intermittently.
(e) Term.--The term of office of an appointed member of the
Advisory Council is 4 years, except that any member appointed to fill a
vacancy for an unexpired term shall be appointed for the remainder of
such term and the Secretary shall make appointments to the Advisory
Council in such a manner as to ensure that the terms of the members do
not all expire in the same year. A member may serve after the
expiration of the member's term for 180 days after the date of such
expiration. A member who has been appointed for a term of 4 years may
not be reappointed to the Advisory Council before 2 years from the date
of expiration of such term of office. If a vacancy occurs in the
Advisory Council among the appointed members, the Secretary shall make
an appointment to fill the vacancy within 90 days from the date the
vacancy occurs.
(f) Chair.--The Secretary shall select the chair of the Advisory
Council from among the appointed members. The term of office of the
chair shall be 2 years.
(g) Meetings and Procedures.--The Advisory Council shall meet at
the call of the chair, or at the direction of the Director of the
National Institutes of Health, but with sufficient frequency to ensure
prompt evaluation of every nutraceutical petition referred to it by the
Secretary. The Advisory Council shall adopt rules governing its
procedures.
(h) Federal Advisory Committee Act.--Meetings and proceedings of
the Advisory Council shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. Appendix).
SEC. 8. NUTRACEUTICAL INDEX.
The Secretary shall maintain, and periodically publish in the
Federal Register, an index that shall list--
(1) the name and description of each nutraceutical for
which there is an approved petition, the name and address of
the applicant, and the date upon which the Secretary approved
the petition; and
(2) each petition pending with the Secretary, the date upon
which it was filed with the Secretary, the name and address of
the applicant, and a description of the nutraceutical and the
claim made for the nutraceutical that is the subject of that
petition.
SEC. 10. SMALL BUSINESS ANTITRUST EXEMPTION.
(a) Exemption.--It shall not be unlawful under the antitrust laws
for 2 or more small businesses to agree to combine their resources to
meet the requirements of section 403(r) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(r)) for claims of health benefits of a
nutraceutical.
(b) Definitions.--
(1) Antitrust laws.--The term ``antitrust laws'' has the
meaning given such term in subsection (a) of the first section
of the Clayton Act (15 U.S.C. 12(a)), except that such term
includes section 5 of the Federal Trade Commission Act (15
U.S.C. 45) to the extent such section applies to unfair methods
of competition.
(2) Nutraceutical.--The term ``nutraceutical'' has the
meaning given such term in section 201(k)(k) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(k)(k)).
(3) Small business.--The term ``small business'' has the
meaning given such term in section 736(d)(3)(A) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379h(d)(3)(A)).
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 90
days after the date of its enactment. | (Sec. 4) Allows any person to petition the Secretary of Health and Human Services to issue a regulation regarding a nutraceutical claim. Requires that the petition contain specified information, including a report of at least one clinical trial and evidence that the nutraceutical is safe.
(Sec. 5) Prohibits the Secretary, if the Secretary issues a regulation in response to a petition, from issuing another regulation for an essentially identical nutraceutical claim for ten years, unless: (1) the new petition involves a use that provides greater effectiveness, greater safety, or otherwise a major contribution to patient care; or (2) the first petition is subsequently revoked. Deems a food adulterated if it is a nutraceutical and it: (1) has not had a petition approved; or (2) has been prepared, packed, or held under conditions that do not meet good manufacturing practice regulations. Authorizes the Secretary to issue such regulations.
(Sec. 7) Establishes in the Food and Drug Administration (FDA) the Advisory Council on Nutraceuticals to evaluate whether a petition is worthy of review by the FDA and whether the petition conflicts with any other petition. Exempts the Council from the Federal Advisory Committee Act.
(Sec. 8) Directs the Secretary to maintain and periodically publish an index, with specified contents, listing: (1) each nutraceutical having an approved petition; and (2) each pending petition.
(Sec. 10 (sic)) Makes it not unlawful under the antitrust laws for two or more small businesses to agree to combine their resources to meet FDCA requirements for claims of nutraceutical health benefits. Defines: (1) "antitrust laws" as it is defined in specified provisions of the Clayton Act plus specified provisions of the Federal Trade Commission Act as those provisions apply to unfair methods of competition; and (2) "small businesses" as entities that have fewer than 500 employees, including employees of affiliates. | {"src": "billsum_train", "title": "Nutraceutical Research and Education Act"} | 3,801 | 440 | 0.44442 | 1.464942 | 0.552592 | 3.048257 | 9.112601 | 0.876676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the `` Mercury Pollution Reduction Act of
2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and hundreds of
thousands of children born annually in the United States are at
risk of neurological problems relating to mercury exposure in
utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 5 use the obsolete ``mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7)(A) less than 5 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (6) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 95 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(8) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(9) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(10) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definitions.--In this section:
``(1) Chlor-alkali facility.--The term `chlor-alkali
facility' means a facility used for the manufacture of chlorine
or caustic soda using a mercury cell process.
``(2) Hazardous waste; solid waste.--The terms `hazardous
waste' and `solid waste' have the meanings given those terms in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
``(b) Prohibition; Use Prior to Prohibition.--
``(1) Prohibition.--Effective on the date 24 months after
the enactment of this section, the manufacture of chlorine or
caustic soda using mercury cells is prohibited in the United
States and the export of any mercury, mercury cells, mercury
compounds, and mixtures containing mercury by any person is
prohibited.
``(2) Mercury storage.--Within 24 months after the
enactment of this section, the Secretary of Energy shall
develop a system for the storage of all mercury, mercury cells,
mercury compounds, and mixtures containing mercury if such
mercury, cell, compound, or mixture is from a chlor-alkali
facility.
``(c) Reporting.--
``(1) In general.--Not later than 24 months after the
enactment of this section, the owner or operator of each chlor-
alkali facility shall submit to the Administrator and the State
in which the chlor-alkali facility is located a report that
identifies--
``(A) each type and quantity of mercury-containing
hazardous waste and nonhazardous solid waste generated
by the chlor-alkali facility during the preceding
calendar year;
``(B) the mercury content of the wastes;
``(C) the manner in which each waste was managed,
including the location of each offsite location to
which the waste was transported for subsequent handling
or management;
``(D) the volume of mercury released, intentionally
or unintentionally, into the air or water by the chlor-
alkali facility, including mercury released from
emissions or vaporization;
``(E) the volume of mercury estimated to have
accumulated in pipes and plant equipment of the chlor-
alkali facility, including a description of--
``(i) the applicable volume for each type
of equipment; and
``(ii) methods of accumulation; and
``(F) the quantity and forms of mercury found in
all products produced for sale by the chlor-alkali
facility.
``(2) Avoidance of duplication.--To avoid duplication, the
Administrator may permit the owner or operator of a facility
described in paragraph (1) to combine and submit the report
required under this subsection with any report required to be
submitted by the owner or operator under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
``(d) Inventory.--
``(1) In general.--For each chlor-alkali facility that
ceases operations on or after January 1, 2009, not later than 1
year after the date of cessation of operations, the
Administrator, in consultation with the State in which the
facility is located, shall conduct a comprehensive mercury
inventory covering the life and closure of the chlor-alkali
facility, taking into account--
``(A) the total quantity of mercury purchased to
start and operate the chlor-alkali facility;
``(B) the total quantity of mercury remaining in
mercury cells and other equipment at the time of
closure of the chlor-alkali facility;
``(C) the estimated quantity of mercury in
hazardous waste, nonhazardous solid waste, and products
generated at the chlor-alkali facility during the
operational life of the chlor-alkali facility; and
``(D) the estimated aggregate mercury releases from
the chlor-alkali facility into air and other
environmental media.
``(2) Records and information.--In carrying out paragraph
(1), the Administrator is authorized and directed to obtain
mercury purchase records and such other information from each
chlor-alkali facility as are necessary to determine, as
accurately as practicable from available information, the
magnitude and nature of mercury releases from the chlor-alkali
facility into air and other environmental media.
``(3) Authorities.--This Administrator shall use the
authorities of section 11 and any other appropriate authorities
of this Act to carry out this subsection.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by
inserting after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''.
(2) Enforcement.--Section 15 of such Act is amended by
striking out ``or 6'' and inserting ``, 6, or 6A'' in each
place it appears. | Mercury Pollution Reduction Act of 2009 - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit: (1) the manufacture of chlorine or caustic soda using mercury cells; and (2) the export of any mercury, mercury cells, mercury compounds, and mixtures containing mercury.
Requires the Secretary of Energy to develop a system for the storage of all mercury, mercury cells, mercury compounds, and mixtures containing mercury from a chlor-alkali facility.
Requires the owner or operator of each chlor-alkali facility to report to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located on mercury waste, emissions, and content in products.
Requires the Administrator to: (1) conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after January 1, 2009; and (2) obtain mercury purchase records and such other information from each such facility as are necessary to determine the magnitude and nature of mercury releases from the facility into air and other environmental media. | {"src": "billsum_train", "title": "To amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes."} | 1,864 | 279 | 0.610113 | 1.74299 | 0.769461 | 5.24031 | 6.612403 | 0.968992 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed and nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, archaeological, natural,
ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts and firewood.--Nothing
in this section precludes the traditional collection of
firewood and pinon nuts for noncommercial personal use
within the Conservation Area--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes Rio Grande Del Norte National Conservation Area in New Mexico, consisting of approximately 235,980 acres of public land in Taos and Rio Arriba Counties for the purposes of conserving, protecting, and enhancing the cultural, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of such Conservation Area. Sets forth requirements for the management of the Conservation Area regarding motorized vehicles and new roads, grazing, collection of pine nuts and firewood for noncommercial use, and utility right-of-way upgrades.
Requires the Secretary to ensure the protection of religious and cultural sites and to provide occasional access to them by tribal members for traditional cultural and customary uses.
Requires the Secretary to develop a management plan for the Conservation Area. Makes any acquired land within the boundary of the Conservation Area part of such Area.
Bars the changing of the management status of any area within the boundary of the Conservation Area that is: (1) designated as a component of the National Wild and Scenic Rivers System, or (2) managed as an area of critical environmental concern.
Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System. Makes any acquired land or interests within the boundary of the wilderness areas part of the area in which the land is located. Sets forth requirements for the management of the wilderness areas regarding livestock grazing, protective perimeters and buffer zones, and activities and uses conducted outside the wilderness areas.
Releases the public land within the San Antonio Wilderness Study Area not designated as wilderness from further study for designation as wilderness.
Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System.
Specifies this Act's effect on fish and wildlife located on public land in New Mexico.
Withdraws federal land within the Conservation Area and the Wilderness designated by this Act, including any acquired land and interests, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Prohibits anything in this Act from enlarging, diminishing, or otherwise modifying any treaty rights.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes."} | 2,868 | 530 | 0.628249 | 1.905772 | 0.774854 | 4.797826 | 5.506522 | 0.928261 |
SECTION 1. RESIDENCE STAR PROGRAM.
(a) In General.--Subtitle A of title IV of the Energy Independence
and Security Act of 2007 is amended by adding at the end the following:
``SEC. 414. RESIDENCE STAR PROGRAM.
``(a) Definitions.--In this section:
``(1) High-performance energy efficiency measure.--The term
`high-performance energy efficiency measure' has the meaning
given that term in section 424.
``(2) Residence star program.--The term `Residence Star
program' means the voluntary program established under
subsection (b).
``(3) Separate residential spaces.--The term `separate
residential spaces' means areas within a residential building
that are leased or otherwise occupied by a tenant or other
occupant for a period of time pursuant to the terms of a
written agreement.
``(b) Residence Star.--Not later than 6 months after the date of
enactment of this section, the Administrator of the Environmental
Protection Agency, in consultation with the Secretary, shall establish
a voluntary program within the Energy Star program established by
section 324A of the Energy Policy and Conservation Act (42 U.S.C.
6294a), which may be known as Residence Star, to promote energy
efficiency in separate residential spaces.
``(c) Recognition of Separate Residential Spaces.--
``(1) Occupancy-based recognition.--In establishing the
Residence Star program, the Administrator shall, following
public notice and an opportunity for comment--
``(A) in a manner similar to the Energy Star rating
system for commercial buildings, develop policies and
procedures to recognize separate residential spaces
with respect to which the owner of the separate
residential space voluntarily achieves high levels of
energy efficiency;
``(B) establish building occupancy categories
eligible for Residence Star recognition; and
``(C) consider other forms of recognition for
separate residential spaces with respect to which the
owner of the separate residential space lowers energy
consumption.
``(2) Design- and construction-based recognition.--In
establishing the Residence Star program, the Administrator,
following public notice and an opportunity for comment, shall
develop policies and procedures to recognize separate
residential spaces with respect to which the owner of the
separate residential space uses high-performance energy
efficiency measures in design and construction.
``(3) Audits required.--
``(A) Initial audit.--In establishing the Residence
Star program, the Administrator shall require that in
order for a separate residential space to be eligible
to receive recognition under this subsection, the owner
of the separate residential space shall submit the
separate residential space to an audit by a third party
to certify that the requirements of the program are met
with respect to the separate residential space.
``(B) Maintenance audits.--In establishing the
Residence Star program, the Administrator shall require
that in order for a separate residential space to be
eligible to maintain recognition under this subsection,
the owner of the separate residential space shall, not
later than 7 years after the date on which the initial
audit is conducted under subparagraph (A), and every 7
years thereafter, submit the separate residential space
to an audit by a third party to certify that the
requirements of the program continue to be met with
respect to the separate residential space.
``(C) Contents.--The Administrator shall require
that an audit conducted under this paragraph shall
include--
``(i) an assessment of the energy
efficiency of the separate residential space;
``(ii) an estimate of the monetary and
energy savings the tenant or other occupant of
the separate residential space can expect
annually as a result of such energy efficiency,
as determined based on standards of measurement
established by the Administrator, in
consultation with the Secretary; and
``(iii) any other requirements determined
appropriate by the Administrator, in
consultation with the Secretary, following
public notice and an opportunity for comment.
``(D) Use of estimates.--
``(i) Use by owners.--The owner of a
separate residential space that is recognized
under the Residence Star program may, with
respect to such separate residential space,
display, publish, or otherwise use for purposes
of advertising the estimate of the monetary and
energy savings included in the most recent
audit of the separate residential space
conducted under this paragraph.
``(ii) Use by third parties.--Third
parties, including realtors and property
managers, may display, publish, or otherwise
use for purposes of advertising the estimate of
the monetary and energy savings included in the
most recent audit of a separate residential
space conducted under this paragraph on behalf
of an owner permitted to do so under clause
(i).
``(E) Criteria for third party auditors.--In
establishing the Residence Star program, the
Administrator, following public notice and an
opportunity for comment, shall develop criteria for
third parties to be eligible to conduct audits under
this paragraph.
``(d) Branding.--
``(1) Creation.--The Administrator, in consultation with
the Secretary, shall create a logo and branding for the
Residence Star program.
``(2) Permitted use.--
``(A) Use by owners.--The owner of a separate
residential space that is recognized under the
Residence Star program may, with respect to such
separate residential space, display, publish, or
otherwise use for purposes of advertising the logo and
branding created under paragraph (1).
``(B) Use by third parties.--Third parties,
including realtors and property managers, may display,
publish, or otherwise use for purposes of advertising
the logo and branding created under paragraph (1) on
behalf of an owner permitted to do so under
subparagraph (A).
``(3) Prohibited use.--An owner of a separate residential
space that is not recognized under the Residence Star program
may not, with respect to such separate residential space,
display, publish, or otherwise use for purposes of advertising
the logo and branding created under paragraph (1).
``(e) Publication of List.--The Administrator, in consultation with
the Secretary, shall publish and maintain, on an Internet website, a
list of separate residential spaces that are recognized under the
Residence Star program.
``(f) Preservation of Integrity.--The Administrator and the
Secretary shall preserve the integrity of the Residence Star brand.
``(g) Report.--Not later than 2 years after the date on which the
Residence Star program is established, the Administrator, in
consultation with the Secretary, shall submit to Congress a report on
the results of the program.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Energy Independence and Security Act of 2007 is amended by
inserting after the item relating to section 413 the following new
item:
``Sec. 414. Residence Star program.''. | This bill amends the Energy Independence and Security Act of 2007 to require the Environmental Protection Agency (EPA) to establish a Residence Star program within the Energy Star program to recognize owners of separate residential spaces who voluntarily achieve high levels of energy efficiency. Owners recognized under the program and certain other third parties may advertise: (1) estimates of the monetary and energy savings included in the most recent program audit for their spaces, and (2) the Residence Star brand. | {"src": "billsum_train", "title": "To establish a Residence Star program, and for other purposes."} | 1,471 | 92 | 0.610709 | 1.556508 | 0.710573 | 3.10989 | 15.527473 | 0.868132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Care Accessibility Act
of 2015''.
SEC. 2. LIABILITY PROTECTIONS FOR HEALTH PROFESSIONAL VOLUNTEERS AT
COMMUNITY HEALTH CENTERS.
Section 224 of the Public Health Service Act (42 U.S.C. 233) is
amended by adding at the end the following:
``(q)(1) For purposes of this section, a health professional
volunteer at an entity described in subsection (g)(4) shall, in
providing a health professional service eligible for funding under
section 330 to an individual, be deemed to be an employee of the Public
Health Service for a calendar year that begins during a fiscal year for
which a transfer was made under paragraph (4)(C). The preceding
sentence is subject to the provisions of this subsection.
``(2) In providing a health service to an individual, a health care
practitioner shall for purposes of this subsection be considered to be
a health professional volunteer at an entity described in subsection
(g)(4) if the following conditions are met:
``(A) The service is provided to the individual at the
facilities of an entity described in subsection (g)(4), or
through offsite programs or events carried out by the entity.
``(B) The entity is sponsoring the health care practitioner
pursuant to paragraph (3)(B).
``(C) The health care practitioner does not receive any
compensation for the service from the individual or from any
third-party payer (including reimbursement under any insurance
policy or health plan, or under any Federal or State health
benefits program), except that the health care practitioner may
receive repayment from the entity described in subsection
(g)(4) for reasonable expenses incurred by the health care
practitioner in the provision of the service to the individual.
``(D) Before the service is provided, the health care
practitioner or the entity described in subsection (g)(4) posts
a clear and conspicuous notice at the site where the service is
provided of the extent to which the legal liability of the
health care practitioner is limited pursuant to this
subsection.
``(E) At the time the service is provided, the health care
practitioner is licensed or certified in accordance with
applicable law regarding the provision of the service.
``(3) Subsection (g) (other than paragraphs (3) and (5)) and
subsections (h), (i), and (l) apply to a health care practitioner for
purposes of this subsection to the same extent and in the same manner
as such subsections apply to an officer, governing board member,
employee, or contractor of an entity described in subsection (g)(4),
subject to paragraph (4) and subject to the following:
``(A) The first sentence of paragraph (1) applies in lieu
of the first sentence of subsection (g)(1)(A).
``(B) With respect to an entity described in subsection
(g)(4), a health care practitioner is not a health professional
volunteer at such entity unless the entity sponsors the health
care practitioner. For purposes of this subsection, the entity
shall be considered to be sponsoring the health care
practitioner if--
``(i) with respect to the health care practitioner,
the entity submits to the Secretary an application
meeting the requirements of subsection (g)(1)(D); and
``(ii) the Secretary, pursuant to subsection
(g)(1)(E), determines that the health care practitioner
is deemed to be an employee of the Public Health
Service.
``(C) In the case of a health care practitioner who is
determined by the Secretary pursuant to subsection (g)(1)(E) to
be a health professional volunteer at such entity, this
subsection applies to the health care practitioner (with
respect to services performed on behalf of the entity
sponsoring the health care practitioner pursuant to
subparagraph (B)) for any cause of action arising from an act
or omission of the health care practitioner occurring on or
after the date on which the Secretary makes such determination.
``(D) Subsection (g)(1)(F) applies to a health care
practitioner for purposes of this subsection only to the extent
that, in providing health services to an individual, each of
the conditions specified in paragraph (2) is met.
``(4)(A) Amounts in the fund established under subsection (k)(2)
shall be available for transfer under subparagraph (C) for purposes of
carrying out this subsection.
``(B) Not later May 1 of each fiscal year, the Attorney General, in
consultation with the Secretary, shall submit to the Congress a report
providing an estimate of the amount of claims (together with related
fees and expenses of witnesses) that, by reason of the acts or
omissions of health professional volunteers, will be paid pursuant to
this section during the calendar year that begins in the following
fiscal year. Subsection (k)(1)(B) applies to the estimate under the
preceding sentence regarding health professional volunteers to the same
extent and in the same manner as such subsection applies to the
estimate under such subsection regarding officers, governing board
members, employees, and contractors of entities described in subsection
(g)(4).
``(C) Not later than December 31 of each fiscal year, the Secretary
shall transfer from the fund under subsection (k)(2) to the appropriate
accounts in the Treasury an amount equal to the estimate made under
subparagraph (B) for the calendar year beginning in such fiscal year,
subject to the extent of amounts in the fund.
``(5)(A) This subsection takes effect on October 1, 2017, except as
provided in subparagraph (B).
``(B) Effective on the date of the enactment of this subsection--
``(i) the Secretary may issue regulations for carrying out
this subsection, and the Secretary may accept and consider
applications submitted pursuant to paragraph (3)(B); and
``(ii) reports under paragraph (4)(B) may be submitted to
the Congress.''. | Family Health Care Accessibility Act of 2015 This bill amends the Public Health Service Act to deem a health professional volunteer providing primary health care to an individual at a community health center or through programs or events carried out by a center to be an employee of the Public Health Service for purposes of any civil action that may arise from providing services to patients. For a volunteer to be covered by this liability protection, the Department of Health and Human Services must approve the center's application to sponsor the volunteer. | {"src": "billsum_train", "title": "Family Health Care Accessibility Act of 2015"} | 1,277 | 105 | 0.511209 | 1.24992 | 0.923011 | 2.520833 | 12.958333 | 0.8125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price Gouging Act of 2005''.
SEC. 2. PRICE GOUGING PROHIBITION FOLLOWING MAJOR DISASTERS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is
amended--
(1) by redesignating sections 25 and 26 (15 U.S.C. 57c, 58)
as sections 26 and 27, respectively; and
(2) by inserting after section 24 (15 U.S.C. 57b-5) the
following:
``SEC. 25. PROTECTION FROM PRICE GOUGING FOLLOWING MAJOR DISASTERS.
``(a) Definitions.--In this section:
``(1) Affected area.--The term `affected area' means an
area affected by a major disaster declared by the President
under Federal law in existence on the date of enactment of this
subsection.
``(2) Price gouging.--The term `price gouging' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
``(3) Supplier.--The term `supplier' means any person that
sells gasoline or diesel fuel for resale or ultimate
consumption.
``(4) Unconscionably excessive price.--The term
`unconscionably excessive price' means a price charged in an
affected area for gasoline or diesel fuel that--
``(A) represents a gross disparity, as determined
by the Commission in accordance with subsection (e),
between the price charged for gasoline or diesel fuel
and the average price of gasoline or diesel fuel
charged by suppliers in the affected area during the
30-day period immediately before the President declares
the existence of a major disaster; and
``(B) is not attributable to increased wholesale or
operational costs incurred by the supplier in
connection with the sale of gasoline or diesel fuel.
``(b) Determination of the Commission.--Following the declaration
of a major disaster by the President, the Commission shall--
``(1) consult with the Attorney General, the United States
Attorney for the district in which the disaster occurred, and
State and local law enforcement officials to determine whether
any supplier in the affected area is charging or has charged an
unconscionably excessive price for gasoline or diesel fuel
provided in the affected area; and
``(2) establish within the Commission--
``(A) a toll-free hotline that a consumer may call
to report an incidence of price gouging in the affected
area; and
``(B) a program to develop and distribute to the
public informational materials in English and Spanish
to assist residents of the affected area in detecting
and avoiding price gouging.
``(c) Price Gouging Involving Disaster Victims.--
``(1) Offense.--During the 180-day period after the date on
which a major disaster is declared by the President, no
supplier shall sell, or offer to sell, gasoline or diesel fuel
in an affected area at an unconscionably excessive price.
``(2) Action by commission.--
``(A) In general.--During the period described in
paragraph (1), the Commission shall conduct
investigations to determine whether any supplier in an
affected area is in violation of paragraph (1).
``(B) Positive determination.--If the Commission
determines under subparagraph (A) that a supplier is in
violation of paragraph (1), the Commission shall take
any action the Commission determines to be appropriate
to remedy the violation.
``(3) Civil penalties.--A supplier that commits an offense
described in paragraph (1) may, in a civil action brought in a
court of competent jurisdiction, be subject to--
``(A) a civil penalty of not more than $500,000;
``(B) an order to pay special and punitive damages;
``(C) an order to pay reasonable attorney's fees;
``(D) an order to pay costs of litigation relating
to the offense;
``(E) an order for disgorgement of profits earned
as a result of a violation of paragraph (1); and
``(F) any other relief determined by the court to
be appropriate.
``(4) Criminal penalty.--A supplier that knowingly commits
an offense described in paragraph (1) shall be imprisoned not
more than 1 year.
``(5) Action by victims.--A person, Federal agency, State,
or local government that suffers loss or damage as a result of
a violation of paragraph (1) may bring a civil action against a
supplier in any court of competent jurisdiction for
disgorgement, special or punitive damages, injunctive relief,
reasonable attorney's fees, costs of the litigation, and any
other appropriate legal or equitable relief.
``(6) Action by state attorneys general.--An attorney
general of a State, or other authorized State official, may
bring a civil action in the name of the State, on behalf of
persons residing in the State, in any court of competent
jurisdiction for disgorgement, special or punitive damages,
reasonable attorney's fees, costs of litigation, and any other
appropriate legal or equitable relief.
``(7) No preemption.--Nothing in this section preempts any
State law.
``(d) Report.--Not later than 1 year after the date of enactment of
this subsection, and annually thereafter, the Commission shall submit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives a report describing--
``(1) the number of price gouging complaints received by
the Commission for each major disaster declared by the
President during the preceding year;
``(2) the number of price gouging investigations of the
Commission initiated, in progress, and completed as of the date
on which the report is prepared;
``(3) the number of enforcement actions of the Commission
initiated, in progress, and completed as of the date on which
the report is prepared;
``(4) an evaluation of the effectiveness of the toll-free
hotline and program established under subsection (b)(2); and
``(5) recommendations for any additional action with
respect to the implementation or effectiveness of this section.
``(e) Definition of Gross Disparity.--Not later than 180 days after
the date of enactment of this subsection, the Commission shall
promulgate regulations to define the term `gross disparity' for
purposes of this section.''.
SEC. 3. EFFECT OF ACT.
Nothing in this Act, or an amendment made by this Act, affects any
authority of the Federal Trade Commission in existence on the date of
enactment of this Act with respect to price gouging actions. | Price Gouging Act of 2005 - Amends the Federal Trade Commission Act to direct the Federal Trade Commission to: (1) consult with certain senior law enforcement officials following the declaration of a major disaster by the President in order to determine whether any supplier is charging unconscionably excessive prices for gasoline or diesel fuel in the affected area; (2) establish a toll-free hotline to receive consumer reports of price gouging in the affected area; and (3) establish a program to develop and distribute public informational materials in English and Spanish to assist residents of the affected area in detecting and avoiding price gouging.
Prohibits unconscionably excessive prices for any gasoline or diesel fuel in an affected area during the 180-day period after the date on which a major disaster is declared by the President.
Subjects violations of this Act to specified civil and criminal penalties.
Authorizes victims and state Attorneys General to bring a civil action against violators of this Act. | {"src": "billsum_train", "title": "A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters."} | 1,488 | 207 | 0.635283 | 1.846585 | 0.954388 | 4.303867 | 7.546961 | 0.911602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Pension Start-Up
Credit Act of 1998''.
SEC. 2. CREDIT FOR PENSION PLAN START-UP COSTS OF SMALL EMPLOYERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. SMALL EMPLOYER PENSION PLAN START-UP COSTS.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible employer, the small employer pension plan start-up cost credit
determined under this section for any taxable year is an amount equal
to 50 percent of the qualified start-up costs paid or incurred by the
taxpayer during the taxable year.
``(b) Dollar Limitation.--The amount of the credit determined under
this section for any taxable year shall not exceed--
``(1) $1,000 for the first taxable year ending after the
date the employer established the qualified employer plan to
which such costs relate,
``(2) $500 for each of the second and third taxable years
ending after such date, and
``(3) zero for each taxable year thereafter.
``(c) Eligible Employer.--For purposes of this section,
``(1) In general.--The term `eligible employer' has the
meaning given such term by section 408(p)(2)(C)(i).
``(2) Employers maintaining qualified plans during 1997 not
eligible.--Such term shall not include an employer if such
employer (or any predecessor employer) maintained a qualified
plan (as defined in section 408(p)(2)(D)(ii)) with respect to
which contributions were made, or benefits were accrued, for
service in 1997. If only individuals other than employees
described in subparagraph (A) or (B) of section 410(b)(3) are
eligible to participate in the qualified employer plan referred
to in subsection (d)(1), then the preceding sentence shall be
applied without regard to any qualified plan in which only
employees so described are eligible to participate.
``(d) Other Definitions.--For purposes of this section--
``(1) Qualified start-up costs.--
``(A) In general.--The term `qualified start-up
costs' means any ordinary and necessary expenses of an
eligible employer which--
``(i) are paid or incurred in connection
with the establishment of a qualified employer
plan in which at least 2 individuals are
eligible to participate, and
``(ii) are of a nonrecurring nature.
``(B) Plan must be established before january 1,
2001.--Such term shall not include any expense in
connection with a plan established after December 31,
2000.
``(2) Qualified employer plan.--The term `qualified
employer plan' has the meaning given to such term by section
4972(d).
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (n) or (o) of section 414, shall be treated as one
person.
``(2) Disallowance of deduction.--No deduction shall be
allowable under this chapter for any qualified start-up costs
for which a credit is determined under subsection (a).
``(3) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ``plus'' at the end of paragraph (11), by striking the
period at the end of paragraph (12) and inserting ``, plus'', and by
adding at the end the following new paragraph:
``(13) in the case of an eligible employer (as defined in
section 45D(c)), the small employer pension plan start-up cost
credit determined under section 45D(a).''.
(c) Conforming Amendments.--
(1) Section 39(d) of such Code is amended by adding at the
end the following new paragraph:
``(8) No carryback of small employer pension plan start-up
cost credit before effective date.--No portion of the unused
business credit for any taxable year which is attributable to
the small employer pension plan start-up cost credit determined
under section 45D may be carried back to a taxable year ending
on or before the date of the enactment of section 45D.''.
(2) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45D. Small employer pension plan
start-up costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred in taxable years ending after the date
of the enactment of this Act. | Small Business Pension Start-Up Credit Act of 1998 - Amends the Internal Revenue Code to permit a three-year business credit of 50 percent of small employer pension plan start-up costs, with a limit of $1000 for the first year and $500 for each of the second and third years. | {"src": "billsum_train", "title": "Small Business Pension Start-Up Credit Act of 1998"} | 1,185 | 64 | 0.539496 | 1.2468 | 0.165086 | 4.338983 | 17.779661 | 0.915254 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Military Voting
Support Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of the Senate regarding the importance of voting by
members of the uniformed services.
Sec. 3. Standard for invalidation of ballots cast by absent uniformed
services voters in Federal elections.
Sec. 4. Guarantee of residency and voting rights.
Sec. 5. Use of buildings on military installations and reserve
component facilities as polling places.
Sec. 6. Maximizing the access of recently separated uniformed services
voters to the polls.
Sec. 7. Uniformed services electronic voting demonstration project.
Sec. 8. Governors' reports on implementation of Federal Voting
Assistance Program recommendations.
SEC. 2. SENSE OF THE SENATE REGARDING THE IMPORTANCE OF VOTING BY
MEMBERS OF THE UNIFORMED SERVICES.
It is the sense of the Senate that each administrator of a Federal,
State, or local election should--
(1) be aware of the importance of the ability of each
uniformed services voter (as defined in section 7(a)(4)) to
exercise their right to vote; and
(2) perform their duties with the intent to ensure that--
(A) each uniformed services voter receives the
utmost consideration and cooperation when voting; and
(B) each valid ballot cast by such a voter is duly
counted.
SEC. 3. STANDARD FOR INVALIDATION OF BALLOTS CAST BY ABSENT UNIFORMED
SERVICES VOTERS IN FEDERAL ELECTIONS.
(a) In General.--Section 102 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1) is amended--
(1) by striking ``Each State'' and inserting ``(a) In
General.--Each State''; and
(2) by adding at the end the following:
``(b) Standards for Invalidation of Certain Ballots.--
``(1) In general.--A State may not refuse to count a ballot
submitted in an election for Federal office by an absent
uniformed services voter on the grounds that the ballot was
improperly or fraudulently cast unless the State finds clear
and convincing evidence of fraud in the preparation or casting
of the ballot by the voter.
``(2) Clear and convincing evidence.--For purposes of this
subsection, the lack of a witness signature, address, postmark,
or other identifying information may not be considered clear
and convincing evidence of fraud (absent any other information
or evidence).
``(3) No effect on filing deadlines under state law.--
Nothing in this subsection may be construed to affect the
application to ballots submitted by absent uniformed services
voters of any ballot submission deadline applicable under State
law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to ballots described in section 102(b) of the
Uniformed and Overseas Citizens Absentee Voting Act (as added by such
subsection) that are submitted with respect to elections that occur
after the date of enactment of this Act.
SEC. 4. GUARANTEE OF RESIDENCY AND VOTING RIGHTS.
(a) Guarantee of Residency.--Article VII of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C. 700 et seq.) is amended by
adding at the end the following:
``Sec. 704. (a) For purposes of voting for any Federal office (as
defined in section 301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431)) or any office of a State, a person in the military service
who is absent from a State because of compliance with military or naval
orders shall not, solely by reason of that absence, be deemed to have--
``(1) lost a residence or domicile in any State (regardless
of the intent of the person);
``(2) acquired a residence or domicile in any other State;
or
``(3) become resident in or a resident of any other State.
``(b) In this section, the term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or a
territory or possession of the United States.''.
(b) Guarantee of Voting Rights.--
(1) Registration and balloting.--Section 102 of the
Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff-1)
(as amended by section 3) is amended by adding at the end the
following:
``(c) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and runoff elections for State
and local office; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter, if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(2) Conforming amendment.--The heading of title I of the
Uniformed and Overseas Absentee Voting Act (42 U.S.C. 1973ff et
seq.) is amended to read as follows:
``TITLE I--REGISTRATION AND VOTING BY ABSENT UNIFORMED SERVICES VOTERS
AND OVERSEAS VOTERS IN ELECTIONS''.
SEC. 5. USE OF BUILDINGS ON MILITARY INSTALLATIONS AND RESERVE
COMPONENT FACILITIES AS POLLING PLACES.
(a) Use of Military Installations Authorized.--Section 2670 of
title 10, United States Code, is amended--
(1) by striking ``Under'' and inserting ``(a) Use by Red
Cross.--Under'';
(2) by striking ``this section'' and inserting ``this
subsection''; and
(3) by adding at the end the following new subsection:
``(b) Use as Polling Places.--(1) Notwithstanding chapter 29 of
title 18 (including sections 592 and 593 of such title), the Secretary
of a military department may make a building located on a military
installation under the jurisdiction of the Secretary available for use
as a polling place in any Federal, State, or local election for public
office.
``(2) Once a military installation is made available as the site of
a polling place with respect to a Federal, State, or local election for
public office, the Secretary shall continue to make the site available
for subsequent elections for public office unless the Secretary
provides to Congress advance notice in a reasonable and timely manner
of the reasons why the site will no longer be made available as a
polling place.
``(3) In this section, the term `military installation' has the
meaning given the term in section 2687(e) of this title.''.
(b) Use of Reserve Component Facilities.--
(1) Use permitted by secretary.--Section 18235 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(c) Pursuant to a lease or other agreement under subsection
(a)(2), the Secretary may make a facility covered by subsection (a)
available for use as a polling place in any Federal, State, or local
election for public office notwithstanding chapter 29 of title 18
(including sections 592 and 593 of such title). Once a facility is made
available as the site of a polling place with respect to an election
for public office, the Secretary shall continue to make the facility
available for subsequent elections for public office unless the
Secretary provides to Congress advance notice in a reasonable and
timely manner of the reasons why the facility will no longer be made
available as a polling place.''.
(2) Use permitted by states.--Section 18236 of such title
is amended by adding at the end the following new subsection:
``(e) Pursuant to a lease or other agreement under subsection
(c)(1), a State may make a facility covered by subsection (c) available
for use as a polling place in any Federal, State, or local election for
public office notwithstanding chapter 29 of title 18 (including
sections 592 and 593 of such title).''.
(c) Conforming Amendments to Title 18.--
(1) Not considered troops at polls.--Section 592 of title
18, United States Code, is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
in accordance with section 2670(b), 18235, or 18236 of title 10.''.
(2) Not considered interference by armed forces.--Section
593 of such title is amended by adding at the end the
following:
``This section shall not prohibit the use of buildings located on
military installations, or the use of reserve component facilities, as
polling places in Federal, State, and local elections for public office
in accordance with section 2670(b), 18235, or 18236 of title 10.''.
(d) Conforming Amendment to Voting Rights Law.--Section 2003 of the
Revised Statutes (42 U.S.C. 1972) is amended by adding at the end the
following: ``Making a military installation or reserve component
facility available as a polling place in a Federal, State, or local
election for public office in accordance with section 2670(b), 18235,
or 18236 of title 10, United States Code, shall be deemed to be
consistent with this section.''.
(e) Clerical Amendments.--
(1) The heading of section 2670 of title 10, United States
Code, is amended to read as follows:
``Sec. 2670. Buildings on military installations: use by American
National Red Cross and as polling places in Federal,
State, and local elections''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 159 of such title is
amended to read as follows:
``2670. Buildings on military installations: use by American National
Red Cross and as polling places in Federal,
State, and local elections.''.
SEC. 6. MAXIMIZING THE ACCESS OF RECENTLY SEPARATED UNIFORMED SERVICES
VOTERS TO THE POLLS.
(a) In General.--For purposes of voting in any primary, special,
general, or runoff election for Federal office (as defined in section
301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), each
State shall, with respect to any recently separated uniformed services
voter requesting to vote in the State--
(1) deem the voter to be a resident of the State;
(2) waive any requirement relating to any period of
residence or domicile in the State for purposes of registering
to vote or voting in that State;
(3) accept and process, with respect to any primary,
special, general, or runoff election, any otherwise valid voter
registration application from the voter on the day of the
election; and
(4) permit the voter to vote in that election.
(b) Definitions.--
(1) State.--The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
(2) Recently separated uniformed services voter.--The term
``recently separated uniformed services voter'' means any
individual that was a uniformed services voter (as defined in
section 7(a)(4)) on the date that is 60 days before the date on
which the individual seeks to vote and who--
(A) presents to the election official Department of
Defense form 214 evidencing their former status as such
a voter, or any other official proof of such status;
(B) is no longer such a voter; and
(C) is otherwise qualified to vote.
SEC. 7. UNIFORMED SERVICES ELECTRONIC VOTING DEMONSTRATION PROJECT.
(a) Definitions.--In this section:
(1) Federal office.--The term ``Federal office'' has the
meaning given such term in section 301 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(3) Uniformed services.--The term ``uniformed services''
means the Army, Navy, Air Force, Marine Corps, and Coast Guard,
the commissioned corps of the Public Health Service, and the
commissioned corps of the National Oceanic and Atmospheric
Administration.
(4) Uniformed services voter.--The term ``uniformed
services voter'' means--
(A) a member of a uniformed service on active duty;
(B) a member of the merchant marine (as defined in
section 107 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-6)); and
(C) a spouse or dependent of a member referred to
in subparagraph (A) or (B) who is qualified to vote.
(b) Demonstration Project.--During the elections for Federal office
held in 2002, the Secretary shall establish a demonstration project for
the purpose of determining the feasibility and advisability of the use
of an electronic voting system by uniformed services voters during the
elections for Federal office to be held in 2004.
(c) Report.--Not later than June 1, 2003, the Secretary shall
submit a report to Congress on the demonstration project conducted
under subsection (b) together with such recommendations for legislative
and administrative action as the Secretary determines appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 8. GOVERNORS' REPORTS ON IMPLEMENTATION OF FEDERAL VOTING
ASSISTANCE PROGRAM RECOMMENDATIONS.
(a) Definitions.--In this section:
(1) Legislative recommendation.--The term ``legislative
recommendation'' means a recommendation of the Presidential
designee suggesting a modification in the laws of a State for
the purpose of maximizing the access to the polls of absent
uniformed services voters and overseas voters, including each
recommendation made under section 104 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3).
(2) Presidential designee.--The term ``Presidential
designee'' means the head of the executive department
designated under section 101 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff).
(b) Reports.--During the period described in subsection (c), not
later than 90 days after the date on which a State receives a
legislative recommendation, the State shall submit to the Presidential
designee and to each Member of Congress that represents that State, a
report on the status of the implementation of that recommendation.
(c) Period Described.--The period described in this subsection is
the period beginning on the date of enactment of this Act and ending 3
years after such date. | Military Voting Support Act of 2001 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to prohibit: (1) a State from refusing to count a ballot submitted in an election for Federal office by an absent uniformed services voter because it was improperly or fraudulently cast, unless the State finds clear and convincing evidence of fraud in ballot preparation or casting; and (2) lack of identifying information from being considered clear and convincing evidence of fraud.Amends the Soldiers' and Sailors' Civil Relief Act of 1940, for purposes of voting for any State or Federal office, to prohibit a person in military service absent from a State because of compliance with military or naval orders, from being deemed, solely by reason of that absence, to have: (1) lost a residence or domicile in any State; (2) acquired a residence or domicile in any other State; or (3) become a resident in or a resident of any other State.Amends the Uniformed and Overseas Absentee Voting Act to require each State to: (1) permit absent uniformed services voters to use absentee registration procedures and vote by absentee ballot in general, special, primary, and runoff elections for State and local office; and (2) accept and process, with respect to any such election, any otherwise valid voter registration application from an absent uniformed services voter, if the application is received by the appropriate State election official before the election.Amends Federal armed forces law to authorize: (1) the Secretary of a military department to make a building located on a military installation under the jurisdiction of the Secretary available for use as a polling place in any Federal, State, or local election for public office; and (2) the Secretary of Defense to make reserve component facilities available for the same purpose.Requires each State, with respect to any recently separated uniformed services voter requesting to vote in a Federal election, to: (1) deem the voter to be a resident of the State; (2) waive any residency or domicile requirement; (3) accept and process any otherwise valid voter registration application from the voter on the day of the election; and (4) permit the voter to vote.Directs the Secretary, during Federal elections in 2002, to establish a demonstration project to determine the feasibility and advisability of using an electronic voting system by uniformed services voters during such elections in 2004. | {"src": "billsum_train", "title": "A bill to amend the Uniformed and Overseas Citizens Absentee Voting Act, the Soldiers' and Sailors' Civil Relief Act of 1940, and title 10, United States Code, to maximize the access of uniformed services voters and recently separated uniformed services voters to the polls, to ensure that each vote cast by such a voter is duly counted, and for other purposes."} | 3,549 | 517 | 0.626157 | 2.080077 | 0.693052 | 6.287879 | 6.569264 | 0.963203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Leadership Preservation Act of
2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that the American space
program will always be the best in the world, and to ensure that
America will always be able to preserve and protect our leadership in
the exploration of outer space, the high ground of the future. Congress
is hopeful that by restructuring NASA we can make the Agency less
political and more professional so that visionary NASA scientists,
engineers, and astronauts will continue to inspire future generations
by their continuing mission: to explore strange new worlds, to seek out
new life, to boldly go where no one has gone before.
SEC. 3. ADMINISTRATOR AND DEPUTY ADMINISTRATOR.
Section 20111 of title 51, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Administrator.--There is
established'' and inserting ``Administrator.--
``(1) In general.--There is established'';
(B) in paragraph (1), as so designated by
subparagraph (A) of this paragraph, by inserting ``The
Administrator shall serve for a term of 6 years.''
after ``and activities thereof.''; and
(C) by adding at the end the following new
paragraph:
``(2) Board of directors nominations.--The President may
appoint the Administrator under paragraph (1) from among the
list of nominees provided by the Board of Directors pursuant to
section 20118(j)(2)(A).''; and
(2) in subsection (b)--
(A) by striking ``Administrator.--There shall be''
and inserting ``Administrator.--
``(1) In general.--There shall be'';
(B) in paragraph (1), as so designated by
subparagraph (A) of this paragraph, by inserting ``The
Deputy Administrator shall not act for, and exercise
the powers of, the Administrator for a period in excess
of 45 days. After 45 days, the Associate Administrator
shall exercise the powers of Administrator until a new
Administrator is appointed and confirmed by the
Senate.'' after ``absence or disability.''; and
(C) by adding at the end the following new
paragraph:
``(2) Board of directors nominations.--The President may
appoint the Deputy Administrator under paragraph (1) from among
the list of nominees provided by the Board of Directors
pursuant to section 20118(j)(2)(B).''.
SEC. 4. BOARD OF DIRECTORS.
(a) Establishment.--Subchapter II of chapter 201 of title 51,
United States Code, is amended by adding at the end the following new
section:
``Sec. 20118. Board of Directors
``(a) Establishment.--There shall be established a Board of
Directors for the National Aeronautics and Space Administration in
accordance with this section, not later than 9 months after the date of
enactment of the Space Leadership Preservation Act of 2013.
``(b) Membership and Appointment.--The Board shall consist of 11
members to be appointed as follows:
``(1) 3 members shall be appointed by the President.
``(2) 3 members shall be appointed by the president pro
tempore of the Senate.
``(3) 1 member shall be appointed by the minority leader of
the Senate.
``(4) 3 members shall be appointed by the Speaker of the
House of Representatives.
``(5) 1 member shall be appointed by the minority leader of
the House of Representatives.
In addition to the members appointed under paragraphs (1) through (5),
the Administrator shall be an ex officio, nonvoting member of the
Board.
``(c) Qualifications.--The persons appointed as members of the
Board shall be--
``(1) former astronauts or scientists or engineers eminent
in the fields of human spaceflight, planetary science, space
science, Earth science, and aeronautics, or other scientific,
engineering, business, and social science disciplines related
to space and aeronautics;
``(2) selected on the basis of established records of
distinguished service; and
``(3) so selected as to provide representation of the views
of engineering, science, and aerospace leaders in all areas of
the Nation.
``(d) Limitation on Members.--An individual employed by or
representing an organization with which the Administration has a
contract is not eligible to serve on the Board, except for scientists
employed by or representing colleges, universities, and other not-for-
profit organizations. Any such scientists serving on the Board shall
not directly work on a study, project, or program that receives funding
through a grant from or contract with the Administration, and shall
recuse themselves from any Board consideration of programs affecting
their place of employment. Additionally, a former Board member may not
take employment with or represent an organization with which the
Administration has a contract, or which is seeking such a contract, for
a period of 2 years following completion of service on the Board.
``(e) Terms.--The term of office of each member of the Board shall
be 3 years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his predecessor
was appointed shall be appointed for the remainder of such term. Any
person who has been a member of the Board for 12 consecutive years
shall thereafter be ineligible for appointment during the 2-year period
following the expiration of such 12th year.
``(f) Meetings.--The Board shall meet quarterly and at such other
times as the Chairman may determine, but the Chairman shall also call a
meeting whenever one-third of the members so request in writing. The
Board shall adopt procedures governing the conduct of its meetings,
including delivery of notice and a definition of a quorum, which in no
case shall be less than one-half plus one of the members of the Board.
``(g) Chairman and Vice Chairman.--The election of the Chairman and
Vice Chairman of the Board shall take place at each first quarter
meeting occurring in an even-numbered year. The Vice Chairman shall
perform the duties of the Chairman in his absence. In case a vacancy
occurs in the chairmanship or vice chairmanship, the Board shall elect
a member to fill such vacancy.
``(h) Staff.--The Board may, with the concurrence of a majority of
its members, permit the appointment of a staff consisting of
professional staff members, technical and professional personnel on
leave of absence from academic, industrial, or research institutions
for a limited term, and such operations and support staff members as
may be necessary. Such staff shall be appointed by the Chairman and
assigned at the direction of the Board. The professional members and
limited term technical and professional personnel of such staff may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and the
provisions of chapter 51 of such title relating to classification, and
shall be compensated at a rate not exceeding the maximum rate payable
under section 5376 of such title, as may be necessary to provide for
the performance of such duties as may be prescribed by the Board in
connection with the exercise of its powers and functions under this
section.
``(i) Committees.--The Board is also authorized to appoint from
among its members such committees as it deems necessary, and to assign
to committees so appointed such survey and advisory functions as the
Board deems appropriate to assist it in exercising its powers and
functions under this section.
``(j) Functions.--
``(1) Budget proposal.--Not later than November 15 of each
year, the Board shall provide to the President, and to the
Committee on Appropriations and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Appropriations and the Committee on Commerce,
Science, and Transportation of the Senate, a proposed budget
for the National Aeronautics and Space Administration for the
next fiscal year. Such budget shall--
``(A) carry out the purpose described in section
20102(h);
``(B) be based on--
``(i) the best professional judgement of
the Board;
``(ii) recommendations from the scientific,
engineering, and other technical experts
communities; and
``(iii) the recommendations of the most
recent National Research Council decadal
surveys; and
``(C) follow such decadal surveys' recommended
decision rules regarding program implementation,
including a strict adherence to the recommendation that
the National Aeronautics and Space Administration
include in a balanced program a flagship class mission,
which may be executed in cooperation with one or more
international partners.
``(2) Nominees for administrator, deputy administrator, and
chief financial officer.--The Board shall provide to the
President--
``(A) a list of 3 nominees from which the President
may appoint an Administrator pursuant to section
20111(a);
``(B) a list of 3 nominees from which the President
may appoint a Deputy Administrator pursuant to section
20111(b) and
``(C) a list of 3 nominees from which the President
may appoint a Chief Financial Officer pursuant to
section 205(a) of the Chief Financial Officers Act (31
U.S.C. 901(a)).
The Board shall provide the first set of nominees under this
paragraph not later than 15 months after the date of enactment
of the Space Leadership Preservation Act of 2013.
``(3) Reports.--
``(A) Annual infrastructure, capabilities, and
workforce assessment.--The Board shall provide to the
President and the Congress annually a report assessing
the status of United States spaceflight infrastructure,
unique space capabilities, and the health of the United
States workforce necessary to maintain such
infrastructure and capabilities. The assessment shall
also identify areas of concern, gaps in capability
compared to foreign spaceflight capabilities, and
recommendations on how to strengthen or improve United
States capabilities and workforce.
``(B) Specific policy matter reports.--The Board
shall provide to the President and the Congress reports
on specific, individual policy matters within the
authority of the Administration (or otherwise as
requested by the Congress or the President) related to
human space flight, planetary science, earth science,
aeronautics, and science, technology, engineering, and
mathematics education, as the Board, the President, or
the Congress determines the need for such reports.
``(4) Quadrennial review.--The Board shall provide to the
President and the Congress, not later than the later of 180
days after the establishment of the Board or the third
quarterly meeting of the Board, and once every 4 years
thereafter, a quadrennial review of current space programs and
a vision for future space exploration.
``(5) Removal for cause.--The Board may provide to the
President and the Congress a report recommending the removal of
the Administrator, the Deputy Administrator, or the Chief
Financial Officer for cause. Any such report shall include the
reasons for such recommendation.
``(k) Budget Meetings.--Portions of Board meetings in which the
Board considers the budget proposal required under subsection (j)(1)
for a particular fiscal year may be closed to the public until the
Board submits the proposal to the President and the Congress.
``(l) Financial Disclosure.--Members of the Board shall be required
to file a financial disclosure report under title II of the Ethics in
Government Act of 1978 (5 U.S.C. App. 92 Stat. 1836), except that such
reports shall be held confidential and exempt from any law otherwise
requiring their public disclosure.''.
(b) Table of Sections.--The table of sections for chapter 201 of
title 51, United States Code, is amended by adding at the end of the
items for subchapter II the following new item:
``20118. Board of Directors.''.
SEC. 5. BUDGET PROPOSAL.
Section 30103 of title 51, United States Code, is amended by adding
at the end the following new subsection:
``(e) Board of Directors Proposal.--
``(1) Inclusion in president's proposed budget.--The
proposed budget for the Administration submitted to the
Congress by the President for each fiscal year shall include a
description of, and a detailed justification for, any
differences between the President's proposed budget and the
budget provided by the Board of Directors under section
20118(j)(1).
``(2) Elements of budget proposal.--Subsections (a) through
(d) of this section shall apply to the proposed budget provided
by the Board of Directors under section 20118(j)(1).''.
SEC. 6. LONG TERM CONTRACTING.
(a) Amendments.--Section 20142 of title 51, United States Code, is
amended--
(1) in the section heading, by striking ``Contracts
regarding expendable launch vehicles'' and inserting ``Long
term contracting'';
(2) in subsection (a), by--
(A) striking ``expendable launch vehicle services''
and inserting ``rocket propulsion systems and manned
and unmanned space transportation vehicles and
payloads, including expendable launch vehicles, and any
other infrastructure intended for placement or
operation in space or on celestial bodies, and services
related thereto,''; and
(B) striking ``related to launch'' and inserting
``related to''; and
(3) in subsection (b), by striking ``launch services'' and
inserting ``the goods and services to have been provided under
the contract''.
(b) Table of Sections Amendment.--The item relating to section
20142 in the table of sections for chapter 201 of title 51, United
States Code, is amended to read as follows:
``20142. Long term contracting.''. | Space Leadership Preservation Act of 2013 - Establishes a six-year term of office for the Administrator of the National Aeronautics and Space Administration (NASA). Prohibits the Deputy Administrator from acting for, and exercising the powers of, the Administrator for a period exceeding 45 days. Requires the Associate Administrator, after such a 45 day period, to exercise the powers of the Administrator until a new Administrator is appointed and confirmed by the Senate. Establishes a Board of Directors for NASA. Sets forth Board membership and appointment criteria. Allows the President to appoint the Administrator and Deputy Administrator from among a list of nominees provided by the Board. Requires the Board to provide: (1) NASA's proposed annual budget; (2) annual reports on spaceflight infrastructure, unique space capabilities, and the workforce necessary to maintain such infrastructure and capabilities; (3) reports on specific policy matters; and (4) quadrennial reviews of current space programs and a vision for future space exploration. Authorizes the Administrator to enter into contracts for rocket propulsion systems and manned and unmanned space transportation vehicles and payloads. | {"src": "billsum_train", "title": "Space Leadership Preservation Act of 2013"} | 3,047 | 245 | 0.592378 | 1.770423 | 1.058932 | 3.240566 | 13.396226 | 0.900943 |
SECTION 1. SHORT TITLE.
This bill may be cited as the ``Freedom to Fish Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Recreational fishing is traditionally the most popular
outdoor sport with more than 50,000,000 participants of all
ages, in all regions of the country.
(2) Recreational anglers makes a substantial contribution
to local, State, and national economies and infuse
$116,000,000,000 annually into the national economy.
(3) In the United States, more than 1,200,000 jobs are
related to recreational fishing, a number that is approximately
1 percent of the entire civilian workforce in the United
States. In communities that rely on seasonal tourism, the
expenditures of recreational anglers result in substantial
benefits to the local economies and small businesses in those
communities.
(4) Recreational anglers have long demonstrated a
conservation ethic. In addition to payment of Federal excise
taxes on fishing equipment, motorboats and fuel, as well as
license fees, recreational anglers contribute more than
$500,000,000 annually to State fisheries conservation
management programs and projects.
(5) It is a long standing policy of the Federal Government
to allow public access to public lands and waters for
recreational purposes in a manner that is consistent with
principals of sound conservation. This policy is reflected in
the National Forest Management Act of 1976, the Wilderness Act,
the Wild and Scenic Rivers Act, and the National Parks and
Recreation Act of 1978.
(6) In most instances, recreational fishery resources can
be maintained without restricting public access to fishing
areas through a variety of management measures including take
limits, minimum size requirements, catch and release
requirements, gear adaptations, and closed seasons.
(7) A clear policy is required to demonstrate to
recreational anglers that recreational fishing can be managed
without unnecessarily prohibiting such fishing.
(8) A comprehensive policy on the implementation, use, and
monitoring of marine protected areas is required to maintain
the optimum balance between recreational fishing and sustaining
recreational fishery resources.
SEC. 3. POLICY.
It is the policy of the United States to promote sound conservation
of fishery resources by ensuring that--
(1) Federal regulations promote access to fishing areas by
recreational anglers to the maximum extent practicable;
(2) recreational anglers are actively involved in the
formulation of any regulatory procedure that contemplates
imposing restrictions on access to a fishing area; and
(3) limitations on access to fishing areas by recreational
anglers are not imposed unless such limitations are
scientifically necessary to provide for the conservation of a
fishery resource.
SEC. 4. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
AMENDMENTS.
(a) Limitation on Closures.--Section 303(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1853(a)) is amended
by adding at the end the following:
``(15) not establish geographic areas where recreational
fishing is prohibited unless--
``(A) clear indication exists that recreational
fishing in such area is the cause of a specific
conservation problem in the fishery;
``(B) no alternative conservation measures related
to recreational fishing, such as gear restrictions,
quotas, or closed seasons will adequately provide for
conservation and management of the fishery;
``(C) the management plan--
``(i) provides for specific measurable
criteria to assess whether the
prohibition provides conservation benefits to the fishery; and
``(ii) requires a periodic review to assess
the continued need for the prohibition not less
than once every 3 years;
``(D) the best available scientific information
supports the need to close the area to recreational
fishing; and
``(E) the prohibition is terminated as soon as the
condition in subparagraph (A) that was the basis of the
prohibition no longer exists.''.
(b) Technical Amendments.--Such section is further amended--
(1) in paragraph (13), by striking ``and'' after the
semicolon; and
(2) in paragraph (14), by striking ``fishery.'' and
inserting ``fishery; and''.
SEC. 5. NATIONAL MARINE SANCTUARIES ACT AMENDMENT.
Section 304(a)(5) of the National Marine Sanctuaries Act (16 U.S.C.
1434(a)(5)) is amended to read as follows:
``(5) Fishing regulations.--
``(A) In general.--The Secretary shall provide the
appropriate Regional Fishery Management Council with
the opportunity to prepare, and to revise from time to
time, draft regulations for fishing within the
exclusive economic zone as the Council may deem
necessary to implement the proposed designation.
``(B) Relationship to magnuson.--Draft regulations
prepared by the Council under subparagraph (A) shall be
made in accordance with the standards and procedures of
the Magnuson Act.
``(C) Regulation within a state.--Such regulations
may regulate a fishery within the boundaries of a State
(other than the State's internal waters) if--
``(i) the Governor of the State approves
such regulation; or
``(ii) the Secretary determines, after
notice and an opportunity for a hearing in
accordance with section 554 of title 5, United
States Code, that the State has taken any
action, or omitted to take any action, the
results of which will substantially and
adversely affect the fulfillment of the
purposes and policies of this Act and the goals
and objectives of the proposed designation.
``(D) Notification and hearing.--If the Secretary
makes a determination under subparagraph (C)(ii) to
regulate a fishery within the boundaries of such State
(other than State's internal waters)--
``(i) the Secretary shall promptly notify
the State and the appropriate Council of such
determination;
``(ii) the State may request that a hearing
be held pursuant to section 554 of title 5,
United States Code; and
``(iii) the Secretary shall conduct a
hearing requested under clause (ii) prior to
taking any action to regulate a fishery within
the boundaries of such State (other than the
State's internal waters) under subparagraph
(C)(ii).
``(E) Termination of regulation within a state.--If
the Secretary, pursuant to a determination under
subparagraph (C)(ii), assumes responsibility for the
regulation of any fishery, the State involved may at
any time thereafter apply to the Secretary for
reinstatement of its authority over such fishery. If
the Secretary finds that the reasons for which the
Secretary assumed such regulation no longer prevail,
the Secretary shall promptly terminate such
regulation.''. | Freedom to Fish Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit any fishery management plan prepared by a Regional Fishery Management Council or the Secretary of Commerce from establishing areas where recreational fishing is prohibited unless: (1) there is clear indication that such fishing in the area is the cause of a specific conservation problem in the fishery; (2) no alternative conservation measures related to recreational fishing will adequately provide for conservation and management of the fishery; (3) the plan provides criteria to assess whether the prohibition provides fishery conservation benefits and requires plan periodic review; (4) the best available scientific information supports the need to close the area to recreational fishing; and (5) the prohibition is terminated as soon as the condition causing the prohibition no longer exists.
Amends the National Marine Sanctuaries Act to direct the Secretary to provide the appropriate Council with the opportunity to revise draft regulations for fishing within the exclusive economic zone as the Council may deem necessary to implement the proposed designation of a national marine sanctuary. Allows such draft regulations to regulate a fishery within a State if: (1) the governor of the State approves the regulations; or (2) the Secretary determines, after notice and opportunity for a hearing, that the State has taken, or failed to take, any action the results of which will substantially and adversely affect the fulfillment of the purposes of such Act and the goals and objectives of the proposed sanctuary designation. | {"src": "billsum_train", "title": "A bill to protect the public's ability to fish for sport, and for other purposes."} | 1,487 | 306 | 0.476014 | 1.422096 | 0.804422 | 3.960714 | 4.85 | 0.946429 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Part-time Student
Assistance Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. SUPPORT FOR WORKING STUDENTS: INCREASES IN INCOME PROTECTION
ALLOWANCES.
(a) Dependent Students.--Subparagraph (D) of section 475(g)(2) (20
U.S.C. 1087oo(g)(2)) is amended to read as follows:
``(D) an income protection allowance of $9,000 (or
a successor amount prescribed by the Secretary under
section 478);''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Clause (iv) of section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is
amended to read as follows:
``(iv) an income protection allowance of
$12,000 (or a successor amount prescribed by
the Secretary under section 478);''.
(c) Independent Students With Dependents Other Than a Spouse.--
Paragraph (4) of section 477(b) (20 U.S.C. 1087qq(b)) is amended to
read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478):
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including student) 1 2 3 4 5 additional
subtract:
----------------------------------------------------------------------------------------------------------------
2 $17,580 $15,230 .......... ..........
3 20,940 17,610 $16,260 .......... .......... ..........
4 24,950 22,600 20,270 $17,930 ..........
5 28,740 26,390 24,060 21,720 $19,390
6 32,950 30,610 28,280 25,940 23,610 $2,330
For each
additional
add: 3,280 3,280 3,280 3,280 3,280 ''.
----------------------------------------------------------------------------------------------------------------
(d) Conforming Amendments.--Paragraph (1) of section 478(b) (20
U.S.C. 1087rr) is amended to read as follows:
``(1) Revised tables.--
``(A) Parent's income protection allowance.--For
each academic year after academic year 1993-1994, the
Secretary shall publish in the Federal Register a
revised table of income protection allowances for the
purpose of section 475(c)(4). Such revised table shall
be developed by increasing each of the dollar amounts
contained in the table in such section by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary)
between December 1992 and the December next preceding
the beginning of such academic year, and rounding the
result to the nearest $10.
``(B) Independent students with dependents other
than a spouse.--For each academic year after academic
year 2007-2008, the Secretary shall publish in the
Federal Register a revised table of income protection
allowances for the purpose of section 477(b)(4). Such
revised table shall be developed by increasing each of
the dollar amounts contained in the table in such
section by a percentage equal to the estimated
percentage increase in the Consumer Price Index (as
determined by the Secretary) between December 2006 and
the December next preceding the beginning of such
academic year, and rounding the result to the nearest
$10.''.
SEC. 3. EXEMPTING EARNED INCOME CREDITS FROM THE CALCULATION OF INCOME.
Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended by inserting
``or section 32'' after ``section 25A''.
SEC. 4. CHILD CARE MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting
``$30,000''.
(b) Eligible Institutions.--Section 419N(b)(4) is amended by
striking ``$350,000'' and inserting ``$250,000''.
(c) Income Eligibility.--Section 419N(b)(7) is amended by striking
``who is eligible to receive'' and inserting ``whose income qualifies
for eligibility for''.
(d) Publicity.--Section 419N(b) is further amended by adding at the
end the following new paragraph:
``(8) Publicity.--The Secretary shall publicize the
availability of grants under this section in appropriate
periodicals in addition to publication in the Federal Register,
and shall inform appropriate educational organizations of such
availability.''.
(e) Authorization of Appropriations.--Section 419N(g) is amended by
striking ``$45,000,000 for fiscal year 1999'' and inserting
``$75,000,000 for fiscal year 2008''.
SEC. 5. YEAR-ROUND PELL GRANTS.
Section 401 (20 U.S.C. 1070a) is amended by adding at the end the
following new subsection:
``(k) Year-Round Pell Grants.--
``(1) Pilot program established.--The Secretary shall
establish in accordance with this subsection a year-round Pell
grant pilot program. Any institution of higher education that
desires to participate in the program under this subsection
shall submit an application to the Secretary at such time and
containing or accompanied by such information and assurances as
the Secretary may require. The Secretary may select not more
than 200 institutions of higher education for participation in
the program.
``(2) Program elements.--With respect to students enrolled
in institutions participating in the program under this
subsection, the Secretary is authorized--
``(A) to award such students two Federal Pell
Grants in one calendar year to permit such students to
accelerate progress towards their degree or certificate
objectives by enrolling in academic programs for 12
months rather than 9 months of the year at
participating institutions; and
``(B) to award such two Federal Pell Grants to such
students in a total amount up to 133 percent of the
maximum Federal Pell Grant under subsection (b)(2)(A)
that is applicable for the academic year.
``(3) Conditions.--An institution submitting an application
to participate in the program under this subsection shall--
``(A) in the case of an associate's degree-granting
institution, commit to improving the completion rate
for the institution by at least 10 percent over the
period of the pilot grant; and
``(B) in the case of a bachelor's degree-granting
institution, commit to improving the graduation rate
for the institution by at least 50 percent over such
period.
``(4) Termination; evaluation.--The authority of the
Secretary under this subsection shall cease to be effective on
October 1, 2013. Not later than October 1, 2011, the Secretary
shall conduct an evaluation of the program under this
subsection and submit to the Congress a report on the results
of such evaluation.''.
SEC. 6. ADDITIONAL FIPSE PROGRAM.
(a) Purpose.--It is the purpose of this section--
(1) to allow a demonstration program that is strictly
monitored by the Department of Education to test creative
measures for improving the availability of higher education for
part-time students;
(2) to provide for increased access for part-time students;
and
(3) to help determine the most effective assistance for
part-time students.
(b) New Program Authorized.--Section 741(a) (20 U.S.C. 1138(a)) 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) creating a program to create a holistic approach to
addressing the needs of part-time students at not more than 150
associate's and bachelor's degree-granting institutions that
would include grants, leveraging funds from non-Federal
sources, comprehensive child care, and better-tailored remedial
course programs.''.
(c) Notification and Reports.--Section 743 (20 U.S.C. 1138b) is
amended by adding at the end the following new subsections:
``(c) Procedures and Authorization for Part-Time Student Program.--
``(1) Application.--An eligible entity that desires to
receive a grant under subsection (b)(9) shall submit an
application to the Secretary in such manner and form, and
containing such information and assurances, as the Secretary
may reasonably require.
``(2) Selection procedures.--The Secretary shall by
regulation develop a formal procedure for the submission of
applications for grants under subsection (b)(9) and shall
publish in the Federal Register an announcement of that
procedure and the availability of funds under such subsection.
``(3) Evaluation.--The Secretary shall evaluate the program
authorized under subsection (b)(9) on an annual basis. Such
evaluations specifically shall review --
``(A) the extent to which the institution has met
the goals set forth in its application to the
Secretary;
``(B) the number of students participating in the
programs offered, including the progress of such
students toward recognized certificates or degrees; and
``(C) what changes, if any, in law would facilitate
both the participation of part-time students in higher
education and increased graduation rates amongst these
students.
``(4) Separate authorizations of appropriations.--There are
authorized to be appropriated to carry out the program
authorized by subsection (b)(9), $100,000,000 for fiscal year
2008 and such sums as may be necessary for each of the five
succeeding fiscal years.''. | Part-time Student Assistance Act - Amends the Higher Education Act of 1965 to provide access and assistance to increase college attendance and completion by part-time students.
Increases the earnings exempt from student aid need determinations for academic year 2007-2008 by exempting earnings of up to: (1) $9,000 for dependent students; and (2) $12,000 for independent students with no dependents (other than spouse). Establishes a revised table that increases the amount of earnings for independent students with dependents (other than spouse) that are exempt. Provides for inflationary adjustments to such earnings exemptions in subsequent academic years. Exempts earned income credits from the calculation of income.
Revises and expands a program (child care access means parents in school) which provides grants to institutions of higher education for child care assistance for low-income students.
Directs the Secretary of Education to establish a year-round Pell grant pilot program.
Authorizes a demonstration program to create a holistic approach to addressing the needs of part-time students. Allows such program to: (1) be at up to 150 associate's and bachelor's degree-granting institutions; and (2) include grants, leveraging funds from nonfederal sources, comprehensive child care, and better tailored remedial course programs. | {"src": "billsum_train", "title": "To provide access and assistance to increase college attendance and completion by part-time students."} | 2,423 | 271 | 0.503821 | 1.376121 | 0.72811 | 3.126531 | 8.069388 | 0.881633 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Violent Crime Community
Policing Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the U.S. Department of Justice, from
Fiscal Year 1995 to Fiscal Year 2000, the COPS program funded
105,000 police officers.
(2) According to the Government Accountability Office, the
COPS program has contributed to a 2.5 percent decline in the
violent crime rate between 1999 and 2000.
(3) According to University of Chicago economist Steven
Levitt, each 10 percent increase in the size of a police force
reduces violent crime by 4 percent and property crime by 5
percent.
(4) A study by University of Maryland economists William
Evans and Emily Owens suggests that a 2 percent increase in
police officers put on the streets through the COPS program led
to a 2 percent decline in violent crime.
(5) Economists David Anderson of Centre College and Mark
Cohen of Vanderbilt University suggest that the total cost of
crime in the United States is approximately $2,000,000,000,
annually, and that each additional dollar provided to the COPS
program may generate $4.00 to $8.50 in savings to the Nation by
reducing crimes committed and the overall cost of crime.
(6) According to the U.S. Department of Justice Census of
State and Local Law Enforcement Agencies, 20 of the Nation's 50
largest local police departments saw a decline in sworn law
enforcement personnel from 2000 to 2004.
(7) Following a 10-year decline in the violent crime rate,
Federal Bureau of Investigation's statistics indicate that
violent crime increased in 2004, 2005, and 2006.
(8) In recent months, incidences of violent crime, gang
violence, violence against police officers, and homicides have
risen in many of the metropolitan areas in the United States,
including the following:
(A) On March 21, 2009, four Oakland, California,
police officers were shot and killed during a traffic
stop and the subsequent pursuit of the suspect.
(B) On April 4, 2009, three Pittsburgh,
Pennsylvania, police officers were killed responding to
a domestic dispute.
(C) On April 3, 2009, a Binghamton, New York, man
killed himself and 13 others at a local civic
association building.
SEC. 3. ENHANCED VIOLENT CRIME COMMUNITY POLICY.
Section 1701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (b), by inserting after paragraph (4) the
following new paragraph:
``(5) hire and train new career law enforcement officers
for deployment in areas and communities with high incidences of
violent crime, in accordance with subsection (j).''; and
(2) by amending subsection (c) to read as follows:
``(c) Priority and Preferential Consideration.--In awarding grants
under this part, the Attorney General--
``(1) may give preferential consideration to applications
for hiring and training new career law enforcement officers for
deployment in areas and communities with high incidences of
violent crime, as authorized by paragraph (5) of subsection (b)
and in accordance with subsection (j); and
``(2) may give preferential consideration, where feasible,
to applications for hiring and rehiring additional career law
enforcement officers that involve a non-Federal contribution
exceeding the 25 percent minimum under subsection (g).''; and
(3) by adding at the end the following new subsection:
``(j) Enhanced Violent Crime Community Policing Grants.--
``(1) In general.--The Attorney General shall, subject to
the availability of appropriations to carry out this
subsection, make grants, as authorized under subsection (b)(5)
and in accordance with this subsection, to hire and train new
career law enforcement officers for deployment in areas and
communities with high incidences of violent crime to enhance
community policing in such areas.
``(2) Eligible entities.--Notwithstanding subsection (a),
grants awarded under this subsection shall be awarded only to
units of local government.
``(3) Grant designations.--The Attorney General shall award
grants under this subsection to--
``(A) the 5 units of local government with a
population over 350,000 residents with the highest
violent crime rate per capita as listed by the 2007
Federal Bureau of Investigation `Crime in the United
States' report; and
``(B) 15 additional units of local government
determined by the Attorney General to have the greatest
need for such a grant, based on--
``(i) per capita violent crime rate;
``(ii) gang population;
``(iii) drug trafficking rate;
``(iv) high school drop-out rate;
``(v) unemployment rate;
``(vi) poverty rate;
``(vii) population; and
``(viii) any other criteria determined by
the Attorney General.
``(4) Grant amount.--
``(A) Maximum and minimum amount.--The grant amount
awarded to an grantee under this subsection for the
grant period shall be--
``(i) not more than is necessary to
increase the size of the grantee's sworn police
force, as of the date the grantee submitted the
application for a grant under this subsection,
by 10 percent; and
``(ii) not less than is necessary to
increase the size of the grantee's sworn police
force, as of the date the grantee submitted the
application for a grant under this subsection,
by 5 percent.
``(B) Ratable reduction.--If funds appropriated in
a fiscal year to carry out this subsection are not
sufficient to fully fund the minimum grant amount
determined under subparagraph (A) for each grantee, the
Attorney General shall reduce the amount of the grant
to each grantee by a proportionate share.
``(5) Inapplicable provisions.--The following provisions of
this part shall not apply to grants awarded under this
subsection:
``(A) Subsection (g) of this section (relating to
matching funds).
``(B) Subsection (i) of this section (relating to
termination of grants for hiring officers).
``(C) Subsection (c) of section 1704 (relating to
hiring costs).''. | Enhanced Violent Crime Community Policing Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) allow the use of public safety and community policing grants to hire and train new career law enforcement officers for deployment in communities with high incidences of violent crime; (2) direct the Attorney General to make grants to local governments to hire and train new career law enforcement officers for deployment in high crime areas to enhance community policing in such areas; and (3) authorize the Attorney General to give preference to grant applications for the hiring and training of new career law enforcement officers for deployment in high crime areas. Specifies that grant amounts shall provide for a 5 to 10% increase in the size of a grantee's sworn police force. | {"src": "billsum_train", "title": "A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for grants to increase the number of law enforcement officers on the streets by 5 to 10 percent in areas with high incidences of violent crime."} | 1,376 | 167 | 0.484942 | 1.351248 | 0.618531 | 3.768707 | 9 | 0.911565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Advancement of
Women in the Science and Engineering Work Forces Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) despite a consistently high presence of women in the
professional and total work forces of the United States, women
continue to be underrepresented in the science and engineering
work forces;
(2) women scientists and engineers have higher rates of
unemployment and underemployment than their male counterparts,
although the number of women receiving degrees in scientific
and engineering disciplines has increased since 1981;
(3) artificial barriers exist in the recruitment,
retention, and advancement of women in the science and
engineering work forces;
(4) academia, industry, and government are increasingly
aware of the necessity of and the advantages derived from
diverse science and engineering work forces;
(5) initiatives of the White House Task Force on Women,
Minorities, and the Handicapped in Science and Technology and
of the Federal Coordinating Council on Science, Engineering,
and Technology have been instrumental in raising public
awareness of--
(A) the underrepresentation of women in the science
and engineering work forces; and
(B) the desirability of eliminating artificial
barriers to the recruitment, retention, and advancement
of women in such work forces; and
(6) the establishment of a commission to examine issues
raised by these initiatives would help to--
(A) focus greater attention on the importance of
eliminating artificial barriers to the recruitment,
retention, and advancement of women in the science and
engineering work forces and in all employment sectors
of the United States;
(B) promote work force diversity;
(C) sensitize employers to the need to recruit and
retain women scientists and engineers in order to
overcome projected shortfalls within the science and
engineering work forces of the United States during the
next 20 years; and
(D) encourage the replication of successful
recruitment and retention programs by universities,
corporations, and Federal agencies having difficulties
in employing women scientists and engineers.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Advancement of Women in the Science and Engineering Work
Forces'' (hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTY OF COMMISSION.
The Commission shall conduct a study to--
(1) identify the number of women in the United States in
the science and engineering work forces, and the specific types
of occupations in such workforces in which women scientists and
engineers are underrepresented;
(2) examine the preparedness of women to--
(A) pursue careers in the science and engineering
work forces; and
(B) advance to positions of greater responsibility
within academia, industry, and government;
(3) describe the practices and policies of employers and
labor unions relating to the recruitment, retention, and
advancement of women scientists and engineers;
(4) identify the opportunities for, and artificial barriers
to, the recruitment, retention, and advancement of women
scientists and engineers in academia, industry, and government;
(5) describe the employment situations in which the
recruitment, retention, and advancement of women scientists and
engineers are comparable to their male counterparts, and
identify those situations in which such comparability does not
exist;
(6) compile a synthesis of available research on practices,
policies, and programs that have successfully led to the
recruitment, retention, and advancement of women in the science
and engineering work forces, including training programs,
rotational assignments, developmental programs, reward
programs, employee benefit structures, and family leave
policies;
(7) examine such other issues and information relating to
the advancement of women in the science and engineering work
forces as determined by the Commission to be appropriate; and
(8) issue recommendations that government (including
Congress and appropriate Federal agencies), academia, and
private industry can follow to assist in the recruitment,
retention, and advancement of women in science and engineering.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 18
members as follows:
(1) 5 members appointed by the President.
(2) 3 members appointed jointly by the Speaker of the House
of Representatives and the majority leader of the Senate.
(3) 1 member appointed by the majority leader of the House
of Representatives.
(4) 1 member appointed by the minority leader of the House
of Representatives.
(5) 1 member appointed by the majority leader of the
Senate.
(6) 1 member appointed by the minority leader of the
Senate.
(7) 2 Members of the House of Representatives, appointed
jointly by the majority leader and the minority leader of the
House of Representatives.
(8) 2 Senators appointed jointly by the majority leader and
the minority leader of the Senate.
(9) The Director of the Office of Science and Technology
Policy.
(b) Additional Qualifications.--Initial appointments shall be made
under subsection (a) not later than 180 days after the date of the
enactment of this Act. In making each appointment under subsection (a),
the appointing authority shall consider (among other factors) whether
the individual--
(1) is a member of an organization representing women and
minorities;
(2) holds executive management or senior decision-making
positions in any business entity; and
(3) possesses academic expertise or other recognized
abilities relating to employment and employment discrimination
issues.
(c) Political Affiliation.--Not more than \1/2\ of the members may
be of the same political party.
(d) Continuation of Membership.--If a member was appointed to the
Commission because the member was an officer or employee of any
government and later ceases to be such an officer or employee, that
member may continue as a member of the Commission for not longer than
the 60-day period beginning on the date the member ceases to be such an
officer or employee.
(e) Terms.--
(1) In general.--Each Member shall be appointed for the
life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(f) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall receive compensation at the
daily equivalent of the maximum rate of pay payable under
section 5376 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the
Commission, including attendance at meetings and conferences of
the Commission, and travel to conduct the duties of the
Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(i) Chairperson.--The Director of the Office of Science and
Technology Policy shall serve as the Chairperson of the Commission.
(j) Meetings.--
(1) Meetings prior to completion of report.--The Commission
shall meet not fewer than 5 times in connection with and
pending the completion of the reports described in subsections
(a) and (b) of section 8. The Commission shall hold additional
meetings for such purpose if the Chairperson or a majority of
the members of the Commission requests the additional meetings
in writing.
(2) Meetings after completion of report.--The Commission
shall meet at least once, but not more than twice after the
completion of the report described in section 8(b), in
connection with and pending completion of the report required
by section 8(c).
(k) Employment Status.--A member of the Commission, who is not
otherwise an officer or employee of the Federal Government, shall not
be deemed to be an employee of the Federal Government except for the
purposes of--
(1) the tort claims provisions of chapter 171 of title 28,
United States Code; and
(2) subchapter I of chapter 81 of title 5, United States
Code, relating to compensation for work injuries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum annual rate of basic pay payable under section
5376 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the maximum
annual rate of basic pay payable under section 5376 of title 5, United
States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable under section 5376 of title 5, United States
Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Contract Authority.--To the extent provided in advance in
appropriations Acts, the Commission may contract with and compensate
government and private agencies or persons for the purpose of
conducting research or surveys necessary to enable the Commission to
carry out its duties under this Act.
SEC. 8. REPORTS.
(a) Status Report.--Not later than 1 year after the date on which
the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report describing the current activities and findings of the Commission
and the direction of the Commission.
(b) Recommendation Report.--Not later than 18 months after the date
on which the initial appointments under section 5(a) are completed, the
Commission shall submit to the President and the Congress a written
report containing--
(1) the findings and conclusions of the Commission
resulting from the study conducted under section 4; and
(2) recommendations, including specific proposed
legislation and administrative action, based on the findings
and conclusions referred to in paragraph (1).
(c) Follow-Up Report.--After submission of the report required by
subsection (b) and before the termination of the Commission, the
Commission shall submit to the President and to the Congress a written
report--
(1) identifying which of the recommendations included in
such report have been implemented; and
(2) containing any additional information the Commission
considers to be appropriate.
SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.
(a) In General.--Nothing in this Act shall be construed to require
any non-Federal entity (such as a business, college, or university,
foundation, or research organization) to provide information to the
Commission concerning such entity's personnel policies, including, but
not limited to, salaries and benefits, promotion criteria, and
affirmative action plans.
(b) Use of Information Obtained.--No information obtained from any
entity by the Commission may be used in connection with any employment
related litigation.
SEC. 10. TERMINATION.
The Commission shall terminate 1 year after submitting the report
required by section 8(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years 1995,
1996, and 1997 such sums as may be necessary to carry out this Act.
S 2356 IS----2 | Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces.
Prohibits: (1) construing this Act to require any non-Federal entity to provide information to the Commission on such entity's personnel practices; and (2) using information obtained by the Commission from any entity in connection with any employment-related litigation.
Terminates the Commission one year after submission of a report required by this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on the Advancement of Women in the Science and Engineering Work Forces Act"} | 3,003 | 118 | 0.512352 | 1.418163 | 0.625688 | 4.145631 | 27.961165 | 0.92233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuberculosis Prevention and Control
Amendments of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) between 10,000,000 and 15,000,000 people in the United
States have been infected with tuberculosis, nearly 26,000 new
active cases are reported each year, and over 1,700
tuberculosis-related deaths occur each year;
(2) the number of reported cases of tuberculosis has risen
from 22,201 in 1985 to 26,673 in 1992, representing 51,000 more
cases than those that would have been expected since 1985;
(3) a recent national survey discovered that 14.4 percent
of all active tuberculosis cases were resistant to at least one
drug;
(4) drug resistant tuberculosis strains can cost more than
$150,000 to treat, and even then, between 40 and 60 percent of
the patients receiving such treatment die;
(5) in 1992, tuberculosis cases were reported to the
Centers for Disease Control and Prevention by all 50 States,
and cases resistant to one or more tuberculosis drugs were
reported in at least 36 States, the District of Columbia and
Puerto Rico;
(6) in 1992, 27 percent of the reported cases of
tuberculosis occurred in foreign born persons;
(7) one third of the world's population harbors
tuberculosis; and
(8) among infectious diseases tuberculosis is still the
number one killer in the world with an estimated 8,000,000 new
cases each year and 2,900,000 deaths.
SEC. 3. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
(a) Provision of Services for Prevention, Control, and
Elimination.--Section 317(j)(2) of the Public Health Service Act (42
U.S.C. 247b(j)(2)) is amended in the first sentence by striking ``and''
after ``1991,'' and all that follows through ``1995'' and inserting the
following: ``, $104,000,000 for fiscal year 1994, and such sums as may
be necessary for each of the fiscal years 1995 through 1997''.
(b) State Tuberculosis Plan.--Section 317(j) of the Public Health
Service Act (42 U.S.C. 247b(j)) is amended by adding at the end thereof
the following new paragraph:
``(3)(A) With respect to an application submitted by a State for a
grant under this section for the prevention, control and elimination of
tuberculosis, such application shall contain a State plan that
demonstrates that amounts received under the grant will be expended in
a manner that ensures that tuberculosis services will be provided to
those at the highest risk of contracting tuberculosis, or in those
areas with the highest rates of tuberculosis infection.
``(B) Such plans shall demonstrate that the applicant will work
closely with and provide support to entities receiving funds under
sections 329, 330, 340, 340A, or titles V or XIX, and to correctional
facilities, and nongovernmental organizations such as community-based
organizations.
``(C) Such plans shall demonstrate that grant funds will be used
for directly observed therapy or other effective interventions with
respect to populations with the highest rates of active infection with
tuberculosis.''.
(c) Research, Demonstration Projects, Education, and Training.--
(1) In general.--Section 317(k)(2) of the Public Health
Service Act (42 U.S.C. 247b(k)(2)) is amended--
(A) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively;
(B) by inserting ``(A)'' after the paragraph
designation; and
(C) by adding at the end thereof the following new
subparagraphs:
``(B) In support of grants referred to in subparagraph (A), the
Secretary may conduct or support applied research and training
regarding the surveillance, diagnostic methodologies, prevention,
control, and treatment of tuberculosis, including intramural projects
and extramural projects.
``(C) For the purpose of carrying out subparagraph (A), there are
authorized to be appropriated $26,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the fiscal years 1995 through
1997. The authorization of appropriations established in the preceding
sentence is in addition to the authorization of appropriations
established in subsection (j)(2) for carrying out this paragraph.''.
(2) Technical amendment.--Section 317(j)(2) of the Public
Health Service Act (42 U.S.C. 247b(j)(2)) is amended by
striking the last sentence.
SEC. 4. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
DISEASES.
(a) Certain Duties.--
(1) In general.--Subpart 6 of part C of title IV of the
Public Health Service Act (42 U.S.C. 285f) is amended by
inserting after section 446 the following section:
``research and research training regarding tuberculosis
``Sec. 447. In carrying out section 446, the Director of the
Institute shall conduct or support basic research and research training
regarding the cause, diagnosis, early detection and treatment of
tuberculosis.''.
(2) Conforming amendment.--Section 446 of the Public Health
Service Act (42 U.S.C. 285f) is amended by inserting after
``Diseases'' the following: ``(hereafter in this subpart
referred to as the `Institute')''.
(b) Authorization of Appropriations.--Section 408(a) of the Public
Health Service Act (42 U.S.C. 284c(a)) is amended by adding at the end
the following new paragraph:
``(3) For the purpose of carrying out section 447 (relating
to research on tuberculosis through the National Institute on
Allergy and Infectious Diseases), there are authorized to be
appropriated $46,000,000 for fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 through
1997. The authorization of appropriations established in the
preceding sentence may not be construed as terminating the
availability for such purpose of any other authorization of
appropriations.''.
SEC. 5. RESEARCH THROUGH THE FOOD AND DRUG ADMINISTRATION.
Chapter V of the Food, Drug and Cosmetic Act is amended by
inserting after section 512 (21 U.S.C. 360b) the following new section:
``SEC. 512A. TUBERCULOSIS DRUG AND DEVICE RESEARCH.
``(a) Authority.--The Commissioner of Food and Drugs shall
implement a tuberculosis drug and device research program under which
the Commissioner shall--
``(1) provide assistance to other Federal agencies for the
development of tuberculosis protocols;
``(2) review and evaluate medical devices designed for the
diagnosis and control of airborne tuberculosis; and
``(3) conduct research concerning drugs or devices to be
used in diagnosing, controlling and preventing tuberculosis.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $5,000,000 for each fiscal
year.''. | Tuberculosis Prevention and Control Amendments of 1993 - Amends the Public Health Service Act to authorize appropriations for: (1) the prevention, control, and elimination of tuberculosis; (2) research, demonstration projects, public information, and education concerning the prevention, control, and elimination of tuberculosis; and (3) research relating to tuberculosis through the National Institute on Allergy and Infectious Diseases.
Amends the Food, Drug, and Cosmetic Act to authorize appropriations for a tuberculosis drug and device research program. | {"src": "billsum_train", "title": "Tuberculosis Prevention and Control Amendments of 1993"} | 1,715 | 133 | 0.536254 | 1.328726 | 0.519115 | 3.082474 | 14.195876 | 0.938144 |
SECTION 1. PROTECTION OF EMPLOYEES FROM RETALIATION BY THEIR EMPLOYER
FOR COOPERATING IN INVESTIGATIONS.
(a) Oil Pollution Act of 1990.--
(1) Prohibition.--Title VI of the Oil Pollution Act of 1990
(33 U.S.C. 2751 et seq.) is amended by inserting after section
6002 the following new section:
``SEC. 6003. RETALIATION PROHIBITED.
``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
``(1) notified the appropriate Federal official, a Federal
or State law enforcement or regulatory agency, or the
employee's employer of an alleged violation of this Act,
including notification of such an alleged violation through
communications related to carrying out the employee's job
duties;
``(2) refused to participate in any conduct that the
employee reasonably believes is in noncompliance with a
requirement of this Act if the employee has identified the
alleged noncompliance to the employer;
``(3) testified before or otherwise provided information
relevant for Congress or for any Federal or State proceeding
regarding any provision (or proposed provision) of this Act;
``(4) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this Act;
``(5) testified or is about to testify in any such
proceeding; or
``(6) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
manner in such a proceeding or in any other action to carry out
the purposes of this Act.
``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.
``(c) Application With Respect Amendments.--In this section, any
reference to this Act includes the provisions of law enacted by the
amendment made by this Act.''.
(2) Clerical amendment.--The table of contents in section 2
of such Act is amended by striking the item relating to section
6003 and inserting the following:
``6003. Retaliation prohibited.''.
(b) Outer Continental Shelf Lands Act.--The Outer Continental Shelf
Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the
following new section:
``SEC. 32. RETALIATION PROHIBITED.
``(a) Prohibition.--No person or employer may discharge any
employee or otherwise discriminate against any employee with respect to
the employee's compensation, terms, conditions, or other privileges of
employment because the employee (or any person acting pursuant to a
request of the employee)--
``(1) notified the appropriate Federal official, a Federal
or State law enforcement or regulatory agency, or the
employee's employer of an alleged violation of this Act,
including notification of such an alleged violation through
communications related to carrying out the employee's job
duties;
``(2) refused to participate in any conduct that the
employee reasonably believes is in noncompliance with a
requirement of this Act if the employee has identified the
alleged noncompliance to the employer;
``(3) testified before or otherwise provided information
relevant for Congress or for any Federal or State proceeding
regarding any provision (or proposed provision) of this Act;
``(4) commenced, caused to be commenced, or is about to
commence or cause to be commenced a proceeding under this Act;
``(5) testified or is about to testify in any such
proceeding; or
``(6) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
manner in such a proceeding or in any other action to carry out
the purposes of this Act.
``(b) Enforcement Action.--Any employee covered by this section who
alleges discrimination by an employer in violation of subsection (a)
may bring an action governed by the rules and procedures, legal burdens
of proof, and remedies applicable under subsections (d) through (h) of
section 20109 of title 49, United States Code. A party may seek
district court review as set forth in subsection (d)(3) of such section
not later than 90 days after receiving a written final determination by
the Secretary of Labor.''. | Amends the Oil Pollution Act of 1990 and the Outer Continental Shelf Lands Act to prohibit any person or employer from discharging any employee or discriminating against any employee with respect to compensation, terms, conditions, or other employment privileges because the employee (or any person acting for the employee): (1) notified the appropriate federal official, a federal or state law enforcement or regulatory agency, or the employee's employer of an alleged violation of such Acts; (2) refused to participate in any conduct that the employee reasonably believed to be in noncompliance with requirements of such Acts if the employee identified the alleged noncompliance to the employer; (3) testified before or otherwise provided information relevant for Congress or for any federal or state proceeding regarding any provision of such Acts; (4) commenced or testified in a proceeding under such Acts; or (5) assisted or participated in any manner in such a proceeding or or in any other action to carry out such Acts.
Authorizes an employee who alleges discrimination by an employer in violation of this Act to seek relief by filing a complaint with the Secretary of Labor. | {"src": "billsum_train", "title": "To amend the Oil Pollution Act of 1990 and the Outer Continental Shelf Lands Act to protect employees from retaliation for notifying government officials of violations of those Acts, and for other purposes."} | 1,081 | 242 | 0.727217 | 2.179892 | 0.822649 | 5.619718 | 4.657277 | 0.924883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dirty Bomb Prevention Act''.
SEC. 2. RADIATION SOURCE PROTECTION.
(a) Amendment.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following new
section:
``Sec. 170C. Radiation Source Protection.--
``a. Task Force on Sealed Source Protection.--
``(1) Establishment.--There is hereby established a task
force on sealed source protection.
``(2) Membership.--The task force shall be headed by the
Chairman of the Commission or his designee. Its members shall
be the following:
``(A) The Secretary of Homeland Security or his
designee.
``(B) The Secretary of Defense or his designee.
``(C) The Secretary of Energy or his designee.
``(D) The Secretary of Transportation or his
designee.
``(E) The Attorney General or his designee.
``(F) The Secretary of State or his designee.
``(G) The Director of the Central Intelligence
Agency or his designee.
``(H) The Director of the Federal Emergency
Management Agency or his designee.
``(I) The Director of the Federal Bureau of
Investigation or his designee.
``(3) Duties.--
``(A) In general.--The task force, in consultation
with other State, Federal, and local agencies and
members of the public, as appropriate, shall evaluate
and provide recommendations to ensure the security of
sealed sources from potential terrorist threats,
including acts of sabotage, theft, or use of such
sources in a radiological dispersal device.
``(B) Recommendations to congress and the
president.--Not later than 180 days after the date of
the enactment of this section, and not less than once
every 3 years thereafter, the task force shall submit a
report to Congress and to the President, in
unclassified form with a classified annex if necessary,
providing recommendations, including recommendations
for appropriate regulatory and legislative changes,
for--
``(i) the establishment of or modifications
to a classification system for sealed sources
based on their potential attractiveness to
terrorists and the extent of the threat to
public health and safety, taking into account
sealed source radioactivity levels,
dispersability, chemical and material form, for
radiopharmaceuticals, the availability of these
substances to physicians and patients whose
medical treatment relies on them, and other
factors as appropriate;
``(ii) the establishment of or
modifications to a national system for recovery
of sealed sources that have been lost or
stolen, taking into account the classification
system established under clause (i);
``(iii) the storage of sealed sources not
currently in use in a safe and secure manner;
``(iv) the establishment of or modification
to a national tracking system for sealed
sources, taking into account the classification
system established under clause (i);
``(v) the establishment of or modifications
to a national system to impose fees to be
collected from users of sealed sources, to be
refunded when the sealed sources are returned
or properly disposed of, or any other method to
ensure the return or proper disposal of sealed
sources;
``(vi) any modifications to export controls
on sealed sources necessary to ensure that
foreign recipients of sealed sources are able
and willing to control United States-origin
sealed sources in the same manner as United
States recipients;
``(vii) whether alternative technologies
are available that can perform some or all of
the functions currently performed by devices
that employ sealed sources, and if so, the
establishment of appropriate regulations and
incentives for the replacement of such devices
with alternative technologies in order to
reduce the number of sealed sources in the
United States; and
``(viii) the creation of or modifications
to procedures for improving the security of
sealed sources in use, transportation, and
storage, which may include periodic Commission
audits or inspections to ensure that sealed
sources are properly secured and can be fully
accounted for, Commission evaluation of
security measures, increased fines for
violations of Commission regulations relating
to security and safety measures applicable to
licensees who possess sealed sources,
background checks for certain individuals with
access to sealed sources, assurances of the
physical security of facilities that contain
sealed sources, and the screening of shipments
to facilities particularly at risk for sabotage
of sealed sources to ensure that they do not
contain explosives.
``b. Commission Actions.--Not later than 60 days after receipt by
Congress and the President of the report required under subsection
a.(3)(B), the Commission, in accordance with the recommendations of the
task force, shall take any appropriate actions, including commencing
revision of its system for licensing sealed sources, and shall take
necessary steps to ensure that States that have entered into an
agreement under section 274 b. establish compatible programs in a
timely manner.
``c. National Academy of Sciences Study.--Not later than 60 days
after the date of the enactment of this section, the Commission shall
enter into an arrangement with the National Academy of Sciences for a
study of industrial, research, and commercial uses for sealed sources.
The study shall review the current uses for sealed sources, identifying
industrial or other processes that utilize sealed sources that could be
replaced with economically and technically equivalent (or improved)
processes that do not require the use of radioactive materials. The
Commission shall transmit the results of the study to Congress within
24 months after the date of the enactment of this section.
``d. Definition.--For purposes of this section, the term `sealed
source' means any byproduct material or special nuclear material
encased in a capsule designed to prevent leakage or escape of the
material, except that such term does not include fuel or spent fuel.''.
(b) Table of Sections Amendment.--The table of sections of the
Atomic Energy Act of 1954 is amended by adding at the end of the items
relating to chapter 14 the following new items:
``Sec. 170B. Uranium supply.
``Sec. 170C. Radiation source protection.''. | Dirty Bomb Prevention Act - Amends the Atomic Energy Act of 1954 to establish a task force on protection of sealed sources (any byproduct material or special nuclear material, except fuel or spent fuel, encased in a capsule designed to prevent leakage or escape). Requires the task force to: (1) provide recommendations to ensure the security of sealed sources from potential terrorist threats, including acts of sabotage, theft, or use of such sources in a radiological dispersal device; and (2) report triennially to Congress and to the President on recommended regulatory and legislative changes for specified security enhancements pertaining to sealed sources. | {"src": "billsum_train", "title": "To establish a task force to evaluate and make recommendations with respect to the security of sealed sources of radioactive materials, and for other purposes."} | 1,372 | 141 | 0.603225 | 1.646708 | 0.638112 | 5.128205 | 10.982906 | 0.940171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organized Retail Crime Act of
2008''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Organized retail crime involving the obtaining by fraud
and theft of retail merchandise from entities engaged in
interstate commerce is a nationwide problem of an increasing
scale and is expected to cost American companies and consumers
more than $30,000,000,000 annually.
(2) The increasing losses by retailers as a result of
organized retail crime make certain goods and products less
available and accessible to American consumers.
(3) The uncontrolled redistribution and unsafe storage of
stolen and fraudulently obtained consumer products such as baby
formula, over-the-counter drugs, and other products by persons
engaged in such organized retail crime is a health and safety
hazard to American consumers.
(4) The unregulated black-market sales of such fraudulently
obtained and stolen merchandise results in an estimated
$1,600,000,000 annual loss in much needed sales and income tax
revenues to State and local governments.
(5) The illegal income from the expanding theft and resale
of stolen retail goods is reasonably believed to benefit
persons and organizations engaged in other forms of criminal
activity such as drug trafficking, gang activity, and
terrorism.
(6) Organized retail crime rings often obtain retail
merchandise through the use of checks for which there are
insufficient funds or that are forged or stolen, frequently
returning the merchandise to fraudulently obtain refunds. Such
practices create major problems for the retail industry and the
national banking system.
(7) Organized retail crime rings are increasingly using
counterfeit, forged, misappropriated, and improperly
transferred Universal Product Code labels and other devices
employed to identify articles for sale as a method for
achieving their ends.
(8) The dramatic growth of organized retail crime and the
unfettered resale of such stolen and fraudulently obtained
goods in national and international Internet-based marketplaces
has resulted in effective evasion by such resellers of State
and local regulations on secondhand goods and article resellers
which had traditionally been used to control the possession,
resale, and transfer of stolen goods.
(9) The unrestricted expansion of anonymous Internet-based
marketplaces for stolen and fraudulently obtained goods has
resulted in a dramatic increase in the deployment of organized
retail crime rings seeking to sell stolen goods in Internet-
based marketplaces.
(10) Conduct constituting organized retail crime and
conduct facilitating organized retail crime both substantially
affect interstate commerce.
(b) Statement of Purpose.--In light of the above findings, the
purposes of this Act are as follows:
(1) To protect consumers, retailers, the national banking
system, and State and local governments from the more than
$30,000,000,000 annual problem of organized retail crime as
well as the related adverse health and safety risks it creates.
(2) To continue to allow legitimate transactions to occur
on online marketplaces while addressing the growing problem of
fencing stolen merchandise over the Internet (``e-fencing'')
that facilitates organized retail crime.
SEC. 3. ORGANIZED RETAIL CRIME.
(a) Definitions.--Section 2311 of title 18, United States Code, is
amended--
(1) by inserting after the fifth paragraph (relating to the
definition of ``motor vehicle'') the following:
```Organized retail crime' means--
``(1) the stealing, embezzlement, or obtaining by
fraud, false pretenses, or other illegal means, of
retail merchandise in quantities that would not
normally be purchased for personal use or consumption
for the purpose of reselling or otherwise reentering
such retail merchandise in commerce; or
``(2) the recruitment of persons to undertake, or
the coordination, organization, or facilitation of,
such stealing, embezzlement, or obtaining by fraud,
false pretenses, or other illegal means;'';
(2) by inserting before the paragraph inserted by
subsection (a)(1) of this section, the following:
```Online marketplace' means--
``(1) an Internet site where persons other than the
operator of the Internet site can enter into transactions for
the sale of goods or services and in which--
``(A) such goods or services are promoted through
inclusion in search results displayed within the
Internet site; and
``(B) the operator of the Internet site--
``(i) has the contractual right to
supervise the activities of the person with
respect to such goods or services; or
``(ii) has a financial interest in the sale
of such goods or services;'';
(3) by inserting after the second paragraph, relating to
the definition of ``cattle'', the following new paragraph:
```Internet site' means a location on the Internet
accessible at a specific Internet domain name, is accessible at
a specific address under the Internet Protocol (or any
successor protocol), or is identified by a uniform resource
locator;''; and
(4) by inserting before the paragraph inserted by paragraph
(3) of this subsection, the following new paragraph:
```High-volume seller' means a seller on an online
marketplace who in the past 12 months has made or offered to
make discrete transactions aggregating at least $12,000;''.
(b) Transportation of Stolen Goods.--The first paragraph of section
2314 of title 18, United States Code, is amended by inserting ``or
engages in organized retail crime involving the transporting,
transmitting, or transferring in interstate or foreign commerce any
goods, wares, or merchandise,'' after ``$5,000 or more,''.
(c) Sale or Receipt of Stolen Goods.--The first paragraph of
section 2315 of title 18, United States Code, is amended by inserting
``or engages in organized retail crime involving receiving, possessing,
concealing, storing, bartering, selling, or disposing of any goods,
wares, or merchandise,'' after ``$5,000 or more,''.
(d) Fraud in Connection With Access Devices.--Section 1029(e)(1) of
title 18, United States Code, is amended--
(1) by inserting ``(including gift card)'' after ``card'';
(2) by inserting ``(including a Universal Product Code
label)'' after ``code''; and
(3) by inserting ``(including a radio frequency
identification transponder)'' after ``identifier''.
(e) Facilitation of Organized Retail Crime.--
(1) In general.--The first paragraph of section 2315 of
title 18, United States Code, as amended by subsection (c) of
this section, is further amended by inserting ``, or
facilitates such organized retail crime, including, but not
limited to, facilitation through the operation of an online
marketplace for the sale of goods and services, knowing or
having reasonable cause to know that such organized retail
crime is facilitated by such operation'' before ``; or'' at the
end of the paragraph.
(2) Operator of an online marketplace.--Section 2315 of
title 18, United States Code, is further amended by inserting
before the last paragraph the following:
``It is unlawful for an operator of an online marketplace to fail
to--
``(1) expeditiously investigate when credible evidence of
sales of goods or services acquired through organized retail
crime on its online marketplace comes to its attention, and
remove from the online marketplace or disable access to
material from the online marketplace of sellers offering goods
or services when the result of the investigation provides
knowledge or a reasonable cause to know that the goods or
services were acquired through organized retail crime, and
maintain a record of all investigations for a minimum of three
years;
``(2) require the seller of property whose merchandise
packaging identifies the property as being available from a
particular or exclusive retail source, to post such identifying
information conspicuously on the Internet site where other
information about the property is posted; and
``(3) in the case of each high volume seller--
``(A) maintain the following information for three
years--
``(i) the name, telephone number, e-mail
address, legitimate physical address, any user
identification, and company name of the high-
volume seller; and
``(ii) all transactions conducted by each
high-volume seller on the online marketplace
for the most recent three-year period; and
``(B) require any high-volume seller to--
``(i) conspicuously post its name,
telephone number, and legitimate address on the
Internet site where other information about the
property being sold by the high-volume seller
is posted; or
``(ii) provide, upon request of any
business that has a reasonable suspicion that
goods or services at the site were acquired
through organized retail crime, its name,
telephone number, and legitimate physical
address.''.
(f) Review and Amendment of Federal Sentencing Guidelines Related
to Organized Retail Crime.--
(1) Review and amendment.--The United States Sentencing
Commission, pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this
section, shall review and, if appropriate, amend the Federal
sentencing guidelines (including its policy statements)
applicable to persons convicted of offenses involving organized
retail crime under--
(A) sections 1029, 2314, and 2315 of title 18,
United States Code; and
(B) any other relevant provision of the United
States Code.
(2) Requirements.--In carrying out the requirements of this
section, the United States Sentencing Commission shall--
(A) ensure that the Federal sentencing guidelines
(including its policy statements) reflect--
(i) the serious nature of the offenses and
penalties referred to in this Act;
(ii) the magnitude of organized retail
crime; and
(iii) the need to deter, prevent, and
punish such offense;
(B) consider the extent to which the Federal
sentencing guidelines (including its policy statements)
adequately address violations of the sections amended
by this Act to sufficiently deter and punish such
offenses;
(C) maintain reasonable consistency with other
relevant directives and sentencing guidelines;
(D) account for any additional aggravating or
mitigating circumstances that might justify exceptions
to the generally applicable sentencing ranges; and
(E) consider whether to provide a sentencing
enhancement for those convicted of conduct proscribed
by this Act, where such conduct involves--
(i) organized retail crime;
(ii) sale or resale of a product in an
online marketplace;
(iii) a threat to public health and safety,
including but not limited to alteration of an
expiration date or of product ingredients;
(iv) theft, conversion, alteration, or
removal of a product label;
(v) alteration, transfer, theft,
conversion, counterfeiting, or reproduction of
a Universal Product Code label; and
(vi) use of a fire or emergency exit.
(g) Civil Forfeiture.--
(1) Section 2315 of title 18, United States Code, is
further amended by inserting before the last paragraph the
following:
``This section shall have the following civil forfeiture
provisions:
``(1) Any property used, in any manner or part, to commit
organized retail crime or the facilitation of organized retail
crime shall be subject to forfeiture to the United States.
``(2) The provisions of chapter 46 of this title relating
to civil forfeitures, including section 983 of this title,
shall extend to any seizure or civil forfeiture under this
section. At the conclusion of the forfeiture proceedings, the
court, unless otherwise requested by an agency of the United
States, shall order that any forfeited article be returned to
the rightful owner or otherwise disposed of according to law.
``(3)(A) The court, in imposing sentence on a person
convicted of an offense under this section, shall order, in
addition to any other sentence imposed, that the person forfeit
to the United States--
``(i) any property constituting or derived
from any proceeds the person obtained, directly
or indirectly, as the result of the offense of
organized retail crime or the facilitation of
organized retail crime; and
``(ii) any of the person's property used,
or intended to be used, in any manner or part,
to commit, facilitate, aid, or abet the
commission of either such offense.
``(B) The forfeiture of property under subparagraph (A),
including any seizure and disposition of the property and any
related judicial or administrative proceeding, shall be
governed by the procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853), other than subsection (d) of that section.
Notwithstanding section 413(h) of that Act, at the conclusion
of the forfeiture proceedings, the court shall order that any
forfeited article or component of an article bearing or
consisting of a counterfeit mark be destroyed.
``(4) When a person is convicted of an offense under this
section, the court, pursuant to sections 3556, 3663A, and 3664,
shall order the person to pay restitution to the owner of the
property and any other victim of the offense as an offense
against property referred to in section 3663A(c)(1)(A)(ii).
``(5) The term `victim', as used in paragraph (4), has the
meaning given that term in section 3663A(a)(2).''.
SEC. 4. ACTIONS AGAINST AN OPERATOR OF AN ONLINE MARKETPLACE.
(a) In General.--Any business whose goods or services were sold or
otherwise used in the facilitation of organized retail crime through
the operation of an online marketplace may bring a civil action against
the operator of the online marketplace for violations of section 3(e)
with respect to such goods and services in any district court of the
United States to enjoin further violation of this Act by the person or
entity and to recover damages for any loss resulting from such
violation.
(b) Subsequent Actions.--A final judgment or decree rendered in
favor of the United States in any criminal proceeding brought by the
United States under this Act shall stop the defendant from denying the
essential allegations of the criminal offense in any subsequent civil
proceeding brought by any business whose goods or services were sold or
otherwise used in an act of organized retail crime.
SEC. 5. NO PREEMPTION OF STATE LAW.
No provision of this Act, including any amendment made by this Act,
shall be construed as indicating an intent on the part of Congress to
occupy the field in which that provision or amendment operates,
including criminal penalties, to the exclusion of any State law on the
same subject matter that would otherwise be within the authority of the
State, unless there is a positive conflict between that provision or
amendment and that State law so that the two cannot consistently stand
together.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act take effect 120 days after the date
of the enactment of this Act. | Organized Retail Crime Act of 2008 - Amends the federal criminal code to define "organized retail crime" as: (1) the stealing, embezzlement, obtaining by fraud, false pretenses, or other illegal means of retail merchandise in quantities that would not normally be purchased for personal use or consumption for the purpose of reselling or otherwise reentering such retail merchandise in commerce; or (2) the recruitment of persons to participate in such criminal activities.
Modifies the crime of transporting and selling or receiving stolen goods to include activities involving organized retail crime and the facilitation of such crime through the operation of an online marketplace.
Expands the crime of fraud involving access devices to include the use of gift cards, a Universal Product Code label, or a radio frequency identification transponder to obtain goods or services illegally.
Imposes reporting and other requirements on operators of online marketplaces and high volume (at least $12,000 annually) sellers relating to the sale of goods and services suspected of being acquired through organized retail crime.
Requires the U.S. Sentencing Commission to review and, if appropriate, amend its guidelines for persons convicted of offenses involving organized retail crime.
Provides for civil forfeiture of any property used to commit or facilitate organized retail crime.
Allows a business whose goods or services were sold or used in the facilitation of organized retail crime through the operation of an online marketplace to obtain injunctive relief and compensatory damages. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to combat, deter, and punish individuals and enterprises engaged nationally and internationally in organized crime involving theft and interstate fencing of stolen retail merchandise, and for other purposes."} | 3,302 | 314 | 0.585818 | 1.765624 | 0.756698 | 3.92963 | 11.592593 | 0.922222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Educational Loans for
Underserved Students Act''.
SEC. 2. ADVERSE CREDIT HISTORY DETERMINATIONS FOR FEDERAL DIRECT PLUS
LOAN ELIGIBILITY.
Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e)
is amended by adding at the end the following:
``(r) Federal Direct PLUS Loans.--
``(1) In general.--Beginning July 1, 2014, in determining
the eligibility of a student to borrow Federal Direct PLUS
Loans, the Secretary shall determine whether the student has an
adverse credit history in accordance with paragraph (2).
``(2) Determination of adverse credit history.--In
determining whether a student has an adverse credit history for
purposes of paragraph (1), the Secretary--
``(A) shall obtain a credit report on the student
from at least one consumer reporting agency described
under section 603(p) of the Fair Credit Reporting Act
(15 U.S.C. 1681a(p)) and within a timeframe that would
ensure the most accurate, current representation of the
student's credit history before the first day of the
period of enrollment for which the loan is intended;
``(B) unless the Secretary determines that the
student has extenuating circumstances, shall consider
that a student has an adverse credit history based on
the student's credit report, if--
``(i) the student is considered 90 or more
days delinquent on the repayment of a debt
exceeding $2,000; or
``(ii) during the 3 years before the date
of the credit report, the student has been the
subject of a--
``(I) default determination;
``(II) bankruptcy discharge;
``(III) foreclosure;
``(IV) repossession;
``(V) tax lien;
``(VI) wage garnishment; or
``(VII) write-off of a debt under
this title;
``(C) shall not consider a student with debt that
is unrelated to loans made under this title and that,
as of the date of the student's credit report, are in
collections or have been charged off, to have an
adverse credit history and shall not deny a Federal
Direct PLUS Loan to the student for having such debt;
``(D) shall require that any student described in
subparagraph (C) or a student who has been the subject
of 1 or more of the actions described in subclauses (I)
through (VII) of subparagraph (B)(ii) during a period
ending more than 3 years before the date of the
student's credit report, to participate in loan
counseling provided by the applicable institution of
higher education as a condition of being eligible to
receive a Federal Direct PLUS Loan;
``(E) shall not consider a student with no credit
history as an individual with an adverse credit
history, and shall not use a student's absence of
credit history as a reason to deny a Federal Direct
PLUS Loan to such student;
``(F) shall retain a record of the Secretary's
basis for determining that the student has extenuating
circumstances under subparagraph (B), which may include
an updated credit report, debt related to a medical
condition, a statement from a creditor that the student
has made satisfactory arrangements to repay the debt
owed to the creditor, a satisfactory statement from the
student explaining any delinquencies with outstanding
balances of less than $2,000, or a reduction of the
credit requirements under this subsection in response
to a natural disaster or poor economic conditions that
are unforeseen or prolonged; and
``(G) in a case in which the Secretary determines
that a student does not to have an adverse credit
history in accordance with this subsection, shall
consider such determination to be in effect for a 2-
year period beginning on the date the Secretary makes
such determination.
``(3) Definition.--For purposes of this subsection, the
term `student' means a graduate or professional student or the
parents of a dependent student.''.
SEC. 3. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING REQUIREMENT
AND MASTER CALENDAR EXCEPTION.
Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a) shall not apply to the amendment made by section
2, or to any regulations promulgated under such amendment. | Protecting Educational Loans for Underserved Students Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to establish criteria for the Secretary of Education to use in determining whether the credit history of applicants for William D. Ford Federal Direct PLUS loans renders them ineligible for such loans. (Federal Direct PLUS loans are provided to graduate or professional degree students and the parents of dependent undergraduate students.) Directs the Secretary to consider an applicant to have an adverse credit history on the basis of his or her credit report, absent a determination that the applicant has extenuating circumstances, if : (1) the applicant is 90 or more days delinquent on the repayment of a debt exceeding $2,000; or (2) during the three years before the credit report date, the applicant has been subject to a default determination, bankruptcy discharge, foreclosure, repossession, tax lien, wage garnishment, or write-off of a title IV debt. Requires applicants that have been subject to such actions to participate in loan counseling provided by the applicable institution of higher education before becoming eligible for Federal Direct PLUS loans. Prohibits the Secretary from: (1) denying a Federal Direct PLUS loan to an applicant for having debt that is unrelated to title IV loans and is in collection or has been charged off, provided the applicant participates in such loan counseling; or (2) using the applicant's lack of a credit history as a reason to deny a Federal Direct PLUS loan to such applicant. Requires the Secretary to retain a record of the Secretary's basis for determining that an applicant has extenuating circumstances that make the applicant eligible for a Federal Direct PLUS loan despite having an adverse credit history. Makes the Secretary's determination that an applicant does not have an adverse credit history effective for the two years following such determination. | {"src": "billsum_train", "title": "Protecting Educational Loans for Underserved Students Act"} | 1,020 | 401 | 0.70729 | 2.116174 | 0.871605 | 2.624277 | 2.621387 | 0.872832 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mark-to-Market
Extension Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Extension of Mark-to-Market program.
Sec. 5. Exception rents.
Sec. 6. Otherwise eligible projects.
Sec. 7. Disaster-damaged eligible projects.
Sec. 8. Period of eligibility for nonprofit debt relief.
Sec. 9. Effective date.
SEC. 2. PURPOSES.
The purpose of this Act is to--
(1) continue the progress of the Multifamily Assisted
Housing Reform and Affordability Act of 1997, as amended by the
Mark-To-Market Extension Act of 2001;
(2) expand eligibility for Mark-to-Market restructuring so
as to further the preservation of affordable housing in a cost-
effective manner; and
(3) provide for the preservation and rehabilitation of
projects damaged by Hurricanes Katrina, Rita, and Wilma, or by
other natural disasters.
SEC. 3. DEFINITIONS.
Section 512 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding
at the end the following:
``(20) Disaster-damaged eligible project.--
``(A) In general.--The term `disaster-damaged
eligible project' means an otherwise eligible
multifamily housing project--
``(i) that is located in a county that was
designated a major disaster area on or after
January 1, 2005, by the President pursuant to
title IV of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.);
``(ii) whose owner carried casualty and
liability insurance covering such project in an
amount required by the Secretary;
``(iii) that suffered damages not covered
by such insurance that the Secretary determines
is likely to exceed $5,000 per unit in
connection with the natural disaster that was
the subject of the designation described in
subparagraph (A); and
``(iv) whose owner requests restructuring
of the project not later than 2 years after the
date that such damage occurred.
``(B) Rule of construction.--A disaster-damaged
eligible project shall be eligible for amounts under
this Act without regard to the relationship between
rent levels for the assisted units in such project and
comparable rents for the relevant market area.''.
SEC. 4. EXTENSION OF MARK-TO-MARKET PROGRAM.
Section 579 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by striking
``October 1, 2006'' each place that term appears and inserting
``October 1, 2011''.
SEC. 5. EXCEPTION RENTS.
Section 514(g)(2) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1473f note) is amended--
(1) by inserting ``disaster-damaged eligible projects and''
after ``waive this limit''; and
(2) by striking ``five percent'' and inserting ``9
percent''.
SEC. 6. OTHERWISE ELIGIBLE PROJECTS.
Section 514 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding
at the end the following:
``(i) Other Eligible Projects.--
``(1) In general.--Notwithstanding any other provision of
this subtitle, a project that meets the requirements of
subparagraphs (B) and (C) of section 512(2) but does not meet
the requirements of subparagraph (A) of section 512(2), may be
treated as an eligible multifamily housing project on an
exception basis if the Secretary determines, subject to
paragraph (2), that such treatment is necessary to preserve the
project in the most cost-effective manner in relation to other
alternative preservation options.
``(2) Owner request.--
``(A) Request required.--The Secretary shall not
treat an otherwise eligible project described under
paragraph (1) as an eligible multifamily housing
project unless the owner of the project requests such
treatment.
``(B) No adverse treatment if no request made.--If
the owner of a project does not make a request under
subparagraph (A), the Secretary shall not withhold from
such project any other available preservation option.
``(3) Cancellation.--
``(A) Timing.--At any time prior to the completion
of a mortgage restructuring under this subtitle, the
owner of a project may--
``(i) withdraw any request made under
paragraph (2)(A); and
``(ii) pursue any other option with respect
to the renewal of such owner's section 8
contract pursuant to any applicable statute or
regulation.
``(B) Documentation.--If an owner of a project
withdraws such owner's request and pursues other
renewal options under this paragraph, such owner shall
be entitled to submit documentation or other
information to replace the documentation or other
information used during processing for mortgage
restructuring under this subtitle.
``(4) Limitation.--The Secretary may exercise the authority
to treat projects as eligible multifamily housing projects
pursuant to this subsection only to the extent that the number
of units in such projects do not exceed 10 percent of all units
for which mortgage restructuring pursuant to section 517 is
completed.''.
SEC. 7. DISASTER-DAMAGED ELIGIBLE PROJECTS.
(a) Market Rent Determinations.--Section 514(g)(1)(B) of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42
U.S.C. 1473f note) is amended by striking ``determined, are equal'' and
inserting the following: ``determined--
``(i) with respect to a disaster-damaged
eligible property, are equal to 100 percent of
the fair market rents for the relevant market
area (as such rents were in effect at the time
of such disaster; and
``(ii) with respect to other eligible
multifamily housing projects, are equal''.
(b) Owner Investment.--Section 517(c) of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is
amended by adding at the end the following:
``(3) Properties damaged by natural disasters.--With
respect to a disaster-damaged eligible property, the owner
contribution toward rehabilitation needs shall be determined in
accordance with paragraph (2)(C).''.
SEC. 8. PERIOD OF ELIGIBILITY FOR NONPROFIT DEBT RELIEF.
Section 517(a)(5) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding
at the end the following: ``If such purchaser acquires such project
subsequent to the date of recordation of the affordability agreement
described in section 514(e)(6)--
``(1) such purchaser shall acquire such project on or
before the later of--
``(A) 5 years after the date of recordation of the
affordability agreement; or
``(B) 2 years after the date of enactment of the
Mark-to-Market Extension Act of 2007; and
``(2) the Secretary shall have received, and determined
acceptable, such purchaser's application for modification,
assignment, or forgiveness prior to the acquisition of the
project by such purchaser.''.
SEC. 9. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the earlier of--
(1) the date of enactment of this Act; or
(2) September 30, 2007. | Mark-to-Market Extension Act of 2007 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to reauthorize through FY2011: (1) the Federal Housing Administration (FHA)-insured Multifamily Housing Mortgage and Housing Assistance Restructuring (Mark-to-Market) program; and (2) the Office of Multifamily Housing Assistance Restructuring.
Permits the Secretary of Housing and Urban Development to waive rent level limits for: (1) disaster-damaged eligible projects; and (2) up to 9% (currently 5%) of all units subject to restructured mortgages in any fiscal year, based on certain findings of special need.
Redefines multifamily housing project eligible for the Mark-to-Market program to authorize eligibility treatment, upon owner request, for certain projects whose rents do not, on an average per unit or per room basis, exceed the rent of comparable properties in the same market area, if the Secretary determines that such treatment is necessary to preserve a project in the most cost-effective manner in relation to other alternative preservation options.
Requires each mortgage restructuring and rental assistance sufficiency plan to determine, for units assisted with project-based assistance in eligible multifamily housing projects, adjusted rent levels for disaster-damaged eligible projects equal to 100% of the fair market rents for the relevant market area.
Revises requirements for an approved mortgage restructuring and rental assistance sufficiency plan with respect to modification or forgiveness of all or part of a second mortgage held by the Secretary (debt relief) if the project concerned is acquired by a tenant organization or tenant-endorsed community-based nonprofit or public agency.
Sets forth requirements for alternative periods of eligibility for such nonprofit debt relief if the purchaser acquires the project subsequent to the date of recordation of the related affordability agreement. | {"src": "billsum_train", "title": "To extend for 5 years the Mark-to-Market program of the Department of Housing and Urban Development."} | 1,786 | 392 | 0.60286 | 1.934685 | 0.778929 | 2.649123 | 4.634503 | 0.812865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghan Women and Girls Security
Promotion Act of 2012''.
SEC. 2. STRATEGY FOR PROMOTING THE SECURITY OF AFGHAN WOMEN AND GIRLS
DURING THE SECURITY TRANSITION PROCESS.
(a) Findings.--Congress makes the following findings:
(1) According to the Department of Defense's April 2012
Report on Progress Toward Security and Stability in
Afghanistan:
(A) ``U.S. and coalition forces will continue to
degrade the Taliban-led insurgency in order to provide
time and space to increase the capacity of the Afghan
National Security Forces and the Afghan Government so
they can assume full responsibility for Afghanistan's
security by the end of 2014.''.
(B) ``Transition to Afghan security lead began in
July 2011 and transition to full Afghan security
responsibility will be complete country-wide by the end
of 2014.''.
(C) ``The security of the Afghan people and the
stability of the government are used to judge
provincial readiness to move to each successive stage
of transition implementation.''.
(D) For each area designated for transition, a
transition implementation plan is developed by the
Government of Afghanistan, NATO, and ISAF and approved
by the Joint Afghan-NATO Inteqal Board (JANIB). JANIB
is also responsible for recommending areas to enter and
exit the transition process.
(2) According to a 2002 study on Women, Peace and Security
submitted by the Secretary-General of the United Nations
pursuant to Security Council resolution 1325 (2000), ``the
suspension of or restriction on women's enjoyment of their
human rights'' can act as an early-warning indicator of
impending or renewed conflict. In Afghanistan, restrictions on
women's mobility and rights can signal the presence of
extremist or insurgent elements in a community.
(3) The security of Afghan women and girls in areas
undergoing security transitions will be an important gauge of
the transition strategy's success. Indicators by which to
measure women's security include the mobility of women and
girls, the participation of women in local government bodies,
the rate of school attendance for girls, women's access to
government services, and the prevalence of violence against
women.
(4) Maintaining and improving physical security for Afghan
women and girls throughout the country is critical in order for
women and girls to take advantage of opportunities in
education, commerce, politics, and other areas of public life,
which in turn is essential for the future stability and
prosperity of Afghanistan.
(5) Women who serve as public officials at all levels of
the Government of Afghanistan face serious threats to their
personal security and that of their families. Many female
officials have been the victims of violent crimes, but they are
generally not afforded official protection by the Government of
Afghanistan or security forces.
(6) Protecting the security and human rights of Afghan
women and girls requires the involvement of Afghan men and boys
through education about the important benefits of women's full
participation in social, economic, and political life. Male
officials and security personnel can play a particularly
important role in supporting and protecting women and girls.
(7) The Chicago Summit Declaration issued by NATO in May
2012 states: ``As the Afghan National Police further develop
and professionalize, they will evolve towards a sustainable,
credible, and accountable civilian law enforcement force that
will shoulder the main responsibility for domestic security.
This force should be capable of providing policing services to
the Afghan population as part of the broader Afghan rule of law
system.''.
(8) Women face significant barriers to full participation
in the ANA and ANP, including a discriminatory or hostile work
environment and the lack of separate facilities designed for
female personnel.
(9) As of September 2012, female recruitment and retention
rates for the Afghan National Security Forces are far below
published targets, as follows:
(A) Approximately 1,700 women serve in the Afghan
National Security Forces, or less than half of one
percent of the total force.
(B) In 2010, President Hamid Karzai announced plans
to recruit and train 5,000 women in the Afghan National
Police, or approximately 3 percent of the force, by
2014. Currently, there are approximately 1,370 women in
the ANP, or 0.87 percent of the police force.
(C) Approximately 350 women currently serve in the
Afghan National Army, representing only 0.17 percent of
the force. The Government of Afghanistan has said that
its goal is to achieve a force that is 10 percent
female. As of May 2012, approximately 3 percent of new
ANA recruits were women.
(10) Male security personnel often do not respond to
threats or incidences of violence against women, particularly
at the local level. They largely lack the training and
understanding needed to respond appropriately and effectively
to situations involving women. According to the Department of
Defense's April 2012 Report on Progress Toward Security and
Stability in Afghanistan:
(A) The Afghan Ministry of Defense ``lacks the
combination of policies, procedures, and execution to
promote opportunity and fair and respectful treatment
of women in the force''.
(B) The Afghan Ministry of Interior ``faces
significant challenges in fully integrating and
protecting women in the ANP workforce, especially among
operational units at the provincial and district
levels''.
(C) In the Afghan National Police, ``Many
Provincial Headquarters Commanders do not accept
policewomen, as they prefer male candidates and lack
adequate facilities to support females.''.
(D) ``While women are greatly needed to support
police operations, a combination of cultural
impediments, weak recruitment, and uneven application
of policies hinder significant progress.''.
(E) ``Although stronger documentation,
implementation, and enforcement of policies,
procedures, and guidance to better integrate women will
help, time will be needed to change the cultural mores
that form the basis of many of the current
impediments.''.
(11) The United States, the North American Treaty
Organization, and United States coalition partners have made
firm commitments to support the human rights of the women and
girls of Afghanistan, as evidenced by the following actions:
(A) According to the United States National Action
Plan on Women, Peace and Security, ``integrating women
and gender considerations into peace-building processes
helps promote democratic governance and long-term
stability,'' which are key United States strategic
goals in Afghanistan.
(B) The National Action Plan also states that ``the
engagement and protection of women as agents of peace
and stability will be central to United States efforts
to promote security, prevent, respond to, and resolve
conflict, and rebuild societies.'' This policy applies
to United States Government efforts in Afghanistan,
where addressing the security vulnerabilities of Afghan
women and girls during the period of security
transition is an essential step toward long-term
stability.
(C) The Chicago Summit Declaration issued by NATO
in May 2012 states: ``We emphasize the importance of
full participation of all Afghan women in the
reconstruction, political, peace and reconciliation
processes in Afghanistan and the need to respect the
institutional arrangements protecting their rights. We
remain committed to the implementation of United
Nations Security Council Resolution (UNSCR) 1325 on
women, peace and security. We recognize also the need
for the protection of children from the damaging
effects of armed conflict as required in relevant
UNSCRs.''.
(12) The Strategic Partnership Agreement signed between the
United States and Afghanistan by President Obama and President
Karzai in June 2012 states, ``Consistent with its Constitution
and international obligations, Afghanistan shall ensure and
advance the essential role of women in society, so that they
may fully enjoy their economic, social, political, civil and
cultural rights.''.
(b) Strategy To Promote Security of Afghan Women.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
concurrence with the Secretary of State, shall submit to the
appropriate congressional committees a strategy to be
implemented by the Department of Defense, working with the NATO
Training Mission Afghanistan (NTM-A) and Afghan partners, to
promote the security of Afghan women during the security
transition process.
(2) Elements.--The strategy required under paragraph (1)
shall include the following elements:
(A) A strategy to monitor and respond to changes in
women's security conditions in areas undergoing
transition, including the following actions:
(i) Seeking to designate a Civilian Impact
Advisor on the Joint Afghan-NATO Inteqal Board
(JANIB) to assess the impact of transition on
male and female civilians and ensure that
efforts to protect women's rights and security
are included in each area's transition
implementation plan.
(ii) Reviewing existing indicators against
which sex-disaggregated data is collected and,
if necessary, developing additional indicators,
to ensure the availability of data that can be
used to measure women's security, such as--
(I) the mobility of women and
girls;
(II) the participation of women in
local government bodies;
(III) the rate of school attendance
for girls;
(IV) women's access to government
services; and
(V) the prevalence of violence
against women; and incorporating those
indicators into ongoing efforts to
assess overall security conditions
during the transition period.
(iii) Integrating assessments of women's
security into current procedures used to
determine an area's readiness to proceed
through the transition process.
(iv) Working with Afghan partners,
coalition partners, and relevant United States
Government departments and agencies to take
concrete action to support women's rights and
security in cases of deterioration in women's
security conditions during the transition
period.
(B) A strategy to increase gender awareness and
responsiveness among Afghan National Army and Afghan
National Police personnel, including the following
actions:
(i) Working with Afghan and coalition
partners to utilize training curricula and
programming that addresses the human rights of
women and girls, appropriate responses to
threats against women and girls, and
appropriate behavior toward female colleagues
and members of the community; assessing the
quality and consistency of this training across
regional commands; and assessing the impact of
this training on trainee behavior.
(ii) Working with national and local ANA
and ANP leaders to develop and utilize
enforcement and accountability mechanisms for
ANA and ANP personnel who violate codes of
conduct related to the human rights of women
and girls.
(iii) Working with Afghan and coalition
partners to implement the above tools and
develop uniform methods and standards for
training and enforcement among coalition
partners and across regions.
(C) A strategy to increase the number of female
members of the ANA and ANP, including the following
actions:
(i) Providing, through consultation with
Afghan partners, realistic and achievable
objectives for the recruitment and retention of
women to the ANA and ANP by the end of the
security transition period in 2014.
(ii) Working with national and local ANA
and ANP leaders and coalition partners to
address physical and cultural challenges to the
recruitment and retention of female ANA and ANP
personnel, including through targeted
recruitment campaigns, expanded training and
mentorship opportunities, parity in pay and
promotion rates with male counterparts, and
availability of facilities for female
personnel.
(iii) Working with national and local ANA
and ANP leaders to increase understanding about
the unique ways in which women members of the
security forces improve the force's overall
effectiveness.
(iv) Working with national and local ANA
and ANP leaders to develop a plan for
maintaining and increasing the recruitment and
retention of women in the ANA and ANP following
the completion of the security transition.
(3) Report.--The Secretary of Defense shall include in each
report on progress toward security and stability in Afghanistan
that is submitted to Congress under sections 1230 and 1231 of
the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 385, 390) a section describing
actions taken to implement the strategy required under this
subsection.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives. | Afghan Women and Girls Security Promotion Act of 2012 - Directs the Secretary of Defense to submit to the congressional defense and foreign relations committees a Department of Defense (DOD) strategy to promote the security of Afghan women during the security transition process.
Requires such strategy to include a strategy to: (1) monitor and respond to changes in women's security conditions in areas undergoing transition, (2) increase gender awareness and responsiveness among Afghan National Army (ANA) and Afghan National Police (ANP) personnel, and (3) increase the number of female members of the ANA and ANP.
Directs the Secretary to include in each report on progress toward security and stability in Afghanistan (as required under the National Defense Authorization Act for Fiscal Year 2008) a description of actions taken to implement the above strategy. | {"src": "billsum_train", "title": "A bill to require the Department of Defense to develop a strategy to promote the security of Afghan women and girls during the security transition process."} | 2,599 | 168 | 0.59526 | 1.766841 | 0.776652 | 4.205128 | 16.685897 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art and Collectibles Capital Gains
Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by striking
paragraphs (4) and (5) and inserting the following new paragraphs:
``(4) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss
carried under section 1212(b)(1)(B) to the
taxable year.
``(5) Reserved.--.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(7) Special rule for certain contributions of literary,
musical, artistic, or scholarly compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution taken
into account under this section shall be the
fair market value of the property contributed
(determined at the time of such contribution),
and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under section 501(c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to provide art and collectibles with the same capital gain rates as other assets held long-term.Establishes a (limited) fair market value deduction for qualifying literary, musical, artistic, or scholarly charitable contributions created and donated by the taxpayer. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor."} | 1,264 | 80 | 0.550167 | 1.32392 | 0.970869 | 2.935484 | 18.935484 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Accountability Tax Efficiency
Reinvestment Act of 2009'' or as the ``WATER Act of 2009''.
SEC. 2. CREDIT FOR WATERSENSE PROGRAM PROPERTY.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. WATERSENSE PROGRAM PROPERTY.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 30 percent of the amounts paid or incurred by the taxpayer
during such taxable year for certified WaterSense program property.
``(b) Lifetime Limitation.--The aggregate amount of the credits
allowed under this section with respect to any taxpayer for any taxable
year shall not exceed the excess (if any) of $1,500 over the aggregate
credits allowed under this section with respect to such taxpayer for
all prior taxable years.
``(c) Certified WaterSense Program Property.--For purposes of this
section, the term `certified WaterSense program property' means any
property--
``(1) certified by the Environmental Protection Agency as
meeting the requirements of the WaterSense program, and
``(2) the original use of which commences with the
taxpayer.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23, 25D, 30, and 30D) and section 27
for the taxable year.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414, shall be treated as a one
person.
``(2) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed (determined without regard to subsection (d)).
``(3) No double benefit.--The amount of any deduction or
other credit allowable under this chapter with respect to any
property for which credit is allowable under subsection (a)
shall be reduced by the amount of credit allowed under
subsection (a) with respect to such property (determined
without regard to subsection (d)).
``(4) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1).
``(f) Termination.--This section shall not apply to any property
placed in service after December 31, 2010.''.
(b) Conforming Amendments.--
(1)(A) Section 24(b)(3)(B) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(B) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(C) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(D) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(E) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(F) Section 1400C(d)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(37) to the extend provided in section 30E(e)(2).''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30E. WaterSense program property.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Water Accountability Tax Efficiency Reinvestment Act of 2009 or the WATER Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 30% of amounts paid for WaterSense program property certified by the Environmental Protection Agency (EPA). Limits the lifetime dollar amount of such credit to $1,500. Terminates such credit after 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for property certified by the Environmental Protection Agency under the WaterSense program."} | 1,300 | 73 | 0.605784 | 1.483784 | 1.071626 | 2.68254 | 18.396825 | 0.873016 |
SECTION 1. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL,
KEROSENE, AND AVIATION FUEL.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline, diesel fuel, and kerosene)
is amended by adding at the end the following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and
Kerosene.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced by the
applicable cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clause (i), (ii), (iii) of subsection
(a)(2)(A) (relating to gasoline, diesel fuel, and
kerosene), and
``(B) paragraph (1) of section 4041(a) (relating to
diesel fuel) with respect to fuel sold for use or used
in a diesel-powered highway vehicle.
``(3) Applicable cents per gallon.--For purposes of this
subsection and section 4091(e)(1), the applicable cents per
gallon for each rate of tax referred to in paragraph (2) and
section 4091(b)(1) shall be an amount determined by the
Secretary, after consultation with the Director of the Office
of Management and Budget, such that each such rate of tax is
reduced in a pro rata manner and that the resulting aggregate
reduction in revenues to the Treasury shall not exceed the
Federal on-line budget surplus during the applicable period.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund under
section 9503 and the Airport and Airway Trust Fund under
section 9502, an amount equal to the reduction in revenues to
the Treasury by reason of this subsection shall be treated as
taxes received in the Treasury under this section.
``(5) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
April 15, 2000, and ending before January 1, 2001.''
(b) Aviation Fuel.--Section 4091 of the Internal Revenue Code of
1986 (relating to imposition of tax on aviation fuel) is amended by
adding at the end the following new subsection:
``(e) Temporary Reduction in Tax on Aviation Fuel.--
``(1) In general.--During the applicable period, the rate
of tax otherwise applicable under subsection (b)(1) shall be
reduced by the applicable cents per gallon determined under
section 4081(f)(3).
``(2) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Airport and Airway Trust
Fund under section 9502, an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall be
treated as taxes received in the Treasury under this section.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
April 15, 2000, and ending before January 1, 2001.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the tax reduction date, tax has been imposed
under section 4081 or 4091 of the Internal Revenue Code of 1986
on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on the tax reduction date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the tax
reduction date, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax reduction date--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after the tax reduction date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of such
Code; except that the term ``dealer'' includes a producer, and
(2) the term ``tax reduction date'' means April 16, 2000.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 3. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax
would have been imposed under section 4081 or 4091 of the Internal
Revenue Code of 1986 during the applicable period but for the
amendments made by this Act, and which is held on the floor stocks tax
date by any person, there is hereby imposed a floor stocks tax in an
amount equal to the tax which would be imposed on such liquid had the
taxable event occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Gasoline, diesel fuel, and aviation fuel.--The terms
``gasoline'', ``diesel fuel'', and ``aviation fuel'' have the
respective meanings given such terms by sections 4083 and 4093
of such Code.
(3) Floor stocks tax date.--The term ``floor stocks tax
date'' means January 1, 2001.
(4) Applicable period.--The term ``applicable period''
means the period beginning after April 15, 2000, and ending
before January 1, 2001.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel
held by any person exclusively for any use to the extent a credit or
refund of the tax imposed by section 4081 or 4091 of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline, diesel fuel, kerosene, or
aviation fuel held in the tank of a motor vehicle, motorboat, or
aircraft.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline (other than aviation gasoline) held
on the floor stocks tax date by any person if the
aggregate amount of gasoline held by such person on
such date does not exceed 4,000 gallons, and
(B) on aviation gasoline, diesel fuel, kerosene, or
aviation fuel held on such date by any person if the
aggregate amount of aviation gasoline, diesel fuel,
kerosene, or aviation fuel held by such person on such
date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
or 4091 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this subsection, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such section 4081 or 4091.
SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of
the reduction in taxes under this Act, and
(B) transportation motor fuels producers and other
dealers take such actions as necessary to reduce
transportation motor fuels prices to reflect such
reduction, including immediate credits to customer
accounts representing tax refunds allowed as credits
against excise tax deposit payments under the floor
stocks refund provisions of this Act.
(2) Study.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of the reduction of
taxes under this Act to determine whether there has
been a passthrough of such reduction.
(B) Report.--Not later than September 30, 2000, the
Comptroller General of the United States shall report
to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives the results of the study conducted
under subparagraph (A). | Expresses the sense of the Congress that consumers should immediately receive the benefit of the tax reduction through fuel price reductions. Requires a study to determine if there has been a passthrough of such reduction. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue code of 1986 to institute a Federal fuels tax holiday."} | 2,556 | 48 | 0.417557 | 1.157183 | -0.447931 | 3.027027 | 62.243243 | 0.864865 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``America
Implementing New National Opportunities To Vigorously Accelerate
Technology, Energy, and Science Act'' or the ``America INNOVATES Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
Sec. 101. Under Secretary for Science and Energy.
Sec. 102. National Laboratories operations and performance management.
Sec. 103. Sense of Senate on an integrated strategy for National
Laboratories in the 21st century.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
authorized technology transfer activities.
Sec. 204. Information and resources for startups and small businesses.
Sec. 205. Funding competitiveness for institutions of higher education
and other nonprofit institutions.
TITLE III--ASSESSMENT OF IMPACT
Sec. 301. Report by Government Accountability Office.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY.
(a) In General.--Section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)) is amended--
(1) by striking ``Under Secretary for Science'' each place
it appears and inserting ``Under Secretary for Science and
Energy''; and
(2) in paragraph (4)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting a semicolon; and
(C) by inserting after subparagraph (G) the
following:
``(H) establish appropriate linkages between
offices under the jurisdiction of the Under Secretary;
and
``(I) perform such functions and duties as the
Secretary shall prescribe, consistent with this
section.''.
(b) Conforming Amendments.--
(1) Section 3164(b)(1) of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by
striking ``Under Secretary for Science'' and inserting ``Under
Secretary for Science and Energy''.
(2) Section 641(h)(2) of the United States Energy Storage
Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended
by striking ``Under Secretary for Science'' and inserting
``Under Secretary for Science and Energy''.
SEC. 102. NATIONAL LABORATORIES OPERATIONS AND PERFORMANCE MANAGEMENT.
(a) In General.--The Secretary shall ensure that the following
duties and responsibilities are carried out through one or more
appropriate statutory or administrative entities:
(1) Evaluation, coordination, and promotion of transfer of
National Laboratory research and development results to the
market in collaboration with the Technology Transfer
Coordinator.
(2) Submission to the Secretary of reports describing
recommendations for best practices for the National
Laboratories including, with respect to management and
operations procedures, conflict of interest regulations,
engagement with the private sector, and technology transfer
methodologies.
(3) Implementation of other duties, as the Secretary
determines appropriate, to improve the operations and
performance of the National Laboratories.
(b) Reporting.--The Secretary, in consultation with the appropriate
committees of Congress, shall provide an annual update on progress made
in carrying out subsection (a), including the improvement of National
Laboratory operations and performance and strategic departmental and
National Laboratory coordination.
SEC. 103. SENSE OF SENATE ON AN INTEGRATED STRATEGY FOR NATIONAL
LABORATORIES IN THE 21ST CENTURY.
It is the sense of the Senate that--
(1) the establishment of the independent Commission to
Review the Effectiveness of the National Energy Laboratories
under section 319 of title III of division D of the
Consolidated Appropriations Act, 2014, is an important step
towards developing a coordinated strategy for the National
Laboratories in the 21st century; and
(2) Congress looks forward to--
(A) receiving the findings and conclusions of the
Commission; and
(B) engaging with the Administration--
(i) in strengthening the mission of the
National Laboratories; and
(ii) to reform and modernize the operations
and management of the National Laboratories.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.
(a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
(b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, indemnification,
payment structures, performance guarantees, and multiparty
collaborations.
(c) Eligibility.--
(1) In general.--Notwithstanding any other provision of law
(including regulations), any National Laboratory may enter into
an agreement pursuant to the pilot program referred to in
subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
agreements with non-Federal entities, including non-Federal
entities already receiving Federal funding that will be used to
support activities under agreements executed pursuant to
paragraph (1).
(3) Restriction.--The requirements of chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole
Act'') shall apply if--
(A) the agreement is a funding agreement (as that
term is defined in section 201 of that title); and
(B) at least 1 of the parties to the funding
agreement is eligible to receive rights under that
chapter.
(d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
(1) a summary of information relating to the relevant
project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the
project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection (a)
shall be extended for a term of 3 years after the date of enactment of
this Act.
(g) Report.--Not later than 60 days after the date described in
subsection (f), the Secretary, in coordination with directors of the
National Laboratories, shall submit to the Committee on Science, Space,
and Technology of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate a report that--
(1) assesses the overall effectiveness of the pilot program
referred to in subsection (a);
(2) identifies opportunities to improve the effectiveness
of the pilot program;
(3) assesses the potential for program activities to
interfere with the responsibilities of the National
Laboratories to the Department; and
(4) provides a recommendation regarding the future of the
pilot program.
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--On entering an agreement
under this section, the director of a National Laboratory shall
submit to the Secretary for monitoring and review all records
of the National Laboratory relating to the agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery.
(d) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 202(a) of the America INNOVATES Act,
approval by the Secretary of Energy shall not be required for
any technology transfer agreement proposed to be entered into
by a National Laboratory of the Department of Energy, the total
cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.'';
and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
allocated for technology transfer within the Department to carry out
early-stage and pre-commercial technology demonstration activities to
remove technology barriers that limit private sector interest and
demonstrate potential commercial applications of any research and
technologies arising from National Laboratory activities intended to
meet the Federal Government's research needs.''.
SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS AND SMALL BUSINESSES.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended by
adding at the end the following:
``(tt) Information.--In carrying out the SBIR and STTR programs of
the Department of Energy, the Secretary of Energy shall provide to
small business concerns seeking funding under the programs information
concerning resources that are available to small business concerns at
National Laboratories and federally funded research and development
centers.''.
SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
AND OTHER NONPROFIT INSTITUTIONS.
Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided in
paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(4) Exemption for institutions of higher education and
other nonprofit institutions.--
``(A) In general.--Paragraph (1) shall not apply to
a research or development activity performed by an
institution of higher education or nonprofit
institution (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)).
``(B) Termination date.--The exemption under
subparagraph (A) shall apply during the 6-year period
beginning on the date of enactment of this
paragraph.''.
TITLE III--ASSESSMENT OF IMPACT
SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report describing the results of the projects developed under sections
201, 202, and 203, including information regarding--
(1) partnerships initiated as a result of those projects
and the potential linkages presented by those partnerships with
respect to national priorities and other taxpayer-funded
research; and
(2) whether the activities carried out under those projects
result in--
(A) fiscal savings;
(B) expansion of National Laboratory capabilities;
(C) increased efficiency of technology transfers;
or
(D) an increase in general efficiency of the
National Laboratory system. | America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act or America INNOVATES Act - Amends the Department of Energy Organization Act to: (1) rename the position of the Under Secretary for Science the Under Secretary for Science and Energy, and (2) require the Under Secretary to establish appropriate linkages between offices under his or her jurisdiction and perform functions and duties prescribed by the Secretary of Energy (DOE). Directs the Secretary to ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) evaluation, coordination, and promotion of the transfer of National Laboratory research and development (R&D) results to the market in collaboration with the Technology Transfer Coordinator; (2) recommendations to the Secretary of best practices for the National Laboratories; and (3) implementation of other appropriate duties to improve National Laboratory operations and performance. Expresses the sense of the Senate regarding the development of a coordinated strategy for the national laboratories in the 21st century. Directs the Secretary to carry out the three-year DOE pilot program under the Agreements for Commercializing Technology. Requires each agreement entered into under the pilot program to increase the authority of the contractor of the applicable National Laboratory to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. Directs the Secretary to delegate to the directors of the National Laboratories signature authority with respect to any cooperative R&D agreement, non-federal work-for-others agreement, or any other appropriate agreement, the total cost of which (including National Laboratory contributions and project recipient cost share) is less than $1 million. Amends the Energy Policy Act of 2005 to permit the directors of the National Laboratories to use funds allocated for technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the federal government's research needs. Amends the Small Business Act to direct the Secretary to inform small business concerns seeking funding under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs about resources available to them at National Laboratories and federally funded R&D centers. Amends the Energy Policy Act of 2005 to exempt any activity performed by an institution of higher education or nonprofit institution from the requirement that at least 20% of the cost of a research or development activity be provided by a non-federal source. Requires the Government Accountability Office (GAO) to report to Congress on the results of projects developed under this Act. | {"src": "billsum_train", "title": "America INNOVATES Act"} | 3,363 | 572 | 0.593032 | 1.879435 | 0.686822 | 4.515564 | 5.77821 | 0.924125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Air Incentive Act of 2003''.
SEC. 2. CREDIT FOR QUALIFIED OZONE ATTAINMENT VEHICLE PROPERTY.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30B. CREDIT FOR QUALIFIED OZONE ATTAINMENT VEHICLE PROPERTY.
``(a) In General.--Under regulations prescribed by the Secretary,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the cost of any
qualified ozone attainment vehicle property placed in service by the
taxpayer during the taxable year.
``(b) Limitation.--The cost which may be taken into account under
subsection (a) with respect to any vehicle is--
``(1) in the case of any vehicle not described in paragraph
(2)--
``(A) $2,750 if credit is allowed by reason of
subsection (d)(1),
``(B) $3,500 if credit is allowed by reason of
subsection (d)(2), and
``(C) $4,000 if credit is allowed by reason of
subsection (d)(3),
``(2) in the case of any truck or van with a gross vehicle
weight rating greater than 10,000 pounds--
``(A) $7,000 if credit is allowed by reason of
subsection (d)(1),
``(B) $8,500 if credit is allowed by reason of
subsection (d)(2),
``(C) $10,000 if credit is allowed by reason of
subsection (d)(3).
``(c) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
29, and 30, over
``(2) the tentative minimum tax for the taxable year.
``(d) Qualified Ozone Attainment Vehicle Property.--For purposes of
this section, the term `qualified ozone attainment vehicle property'
means any qualified clean-fuel vehicle property (as defined in section
179A(c)) if substantially all of the use of such property is in an area
designated by the Administrator of the Environmental Protection Agency
as--
``(1) a serious ozone nonattainment area,
``(2) a severe ozone nonattainment area, or
``(3) an extreme ozone nonattainment area.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (c).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any vehicle if the taxpayer
elects to not have this section apply to such vehicle.''.
(b) Coordination With Deduction for Clean-Fuel Vehicles.--
Subsection (b) of section 179A of such Code (relating to limitations)
is amended by adding at the end the following new paragraph:
``(3) Coordination with credit for qualified ozone
attainment vehicle property.--The cost which may be taken into
account under subsection (a)(1)(A) with respect to any motor
vehicle shall not exceed the excess (if any) of--
``(A) the cost which would be so taken into account
without regard to this paragraph, over
``(B) any credit allowed with respect to such
vehicle under section 30B.''.
(c) Conforming Amendments.--
(1) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 30B. Credit for qualified ozone
attainment vehicle property.''.
(2) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (27), by striking the period at
the end of paragraph (28) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(29) to the extent provided in section 30B(e)(1).''.
(3) Section 53(d)(1)(B)(iii) of such Code is amended to
read as follows:
``(iii) Special rule.--The adjusted net
minimum tax for the taxable year shall be
increased by the sum of--
``(I) the amount of the credit not
allowed under section 29 (relating to
credit for producing fuel from a
nonconventional source) solely by
reason of the application of section
29(b)(6)(B),
``(II) the amount of the credit not
allowed under section 30 solely by
reason of the application of section
30(b)(3)(B), and
``(III) the amount of the credit
not allowed under section 30B solely by
reason of the application of section
30B(c)(2).''.
(4) Section 55(c)(2) of such Code is amended by inserting
``30B(c),'' after ``30(b)(3),''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2003. | Clean Air Incentive Act of 2003 - Amends the Internal Revenue Code to allow a limited credit for qualified ozone attainment vehicle property. Defines such property as any qualified clean-fuel vehicle property, if substantially all of the use of such property is in an area designated as either: (1) a serious ozone nonattainment area; (2) a severe ozone nonattainment area; or (3) an extreme ozone nonattainment area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for qualified clean-fuel vehicles which are used in certain ozone nonattainment areas."} | 1,362 | 105 | 0.54795 | 1.377399 | 0.718223 | 6.864198 | 14.962963 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Immigrant Worker Freedom Act''.
SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN WORKERS AFTER TERRORIST
ATTACKS.
(a) Adjustment of Status.--The status of any alien described in
subsection (b) may be adjusted by the Secretary of Homeland Security to
that of an alien lawfully admitted for permanent residence, if the
alien--
(1) applies for such adjustment not later than 1 year after
the date of the enactment of this Act, which may be extended at
the discretion of the Secretary in cases with compelling
circumstances;
(2) is not inadmissible to the United States under
paragraph (2) or (3) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)), or deportable under
paragraph (2) or (4) of section 237(a) of such Act (8 U.S.C.
1227(a)); except that in determining an alien's
inadmissibility--
(A) offenses for which an essential element was the
alien's immigration status shall not apply;
(B) arrests or criminal charges on their own shall
not apply; and
(C) cases where a judgment has been expunged, set
aside, or the equivalent shall not apply; and
(3) not later than the date on which the application under
paragraph (1) is submitted, satisfies any applicable Federal
tax liability by establishing that--
(A) no such tax liability exists; or
(B) all outstanding liabilities have been paid.
(b) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefit provided by subsection (a)
shall apply to any alien who--
(A) worked or volunteered onsite in rescue,
recovery, debris cleanup, or related support services
in lower Manhattan (south of Canal St.), the Staten
Island Landfill, or the barge loading piers, for at
least 4 hours during the period beginning on September
11, 2001, and ending on September 14, 2001, for at
least 24 hours during the period beginning on September
11, 2001, and ending on September 30, 2001, or for at
least 80 hours during the period beginning on September
11, 2001, and ending on July 31, 2002;
(B) was a vehicle-maintenance worker who was
exposed to debris from the former World Trade Center
while retrieving, driving, cleaning, repairing, and
maintaining vehicles contaminated by airborne toxins
from the September 11, 2001, terrorist attacks for any
time during the period beginning on September 11, 2001,
and ending on July 31, 2002;
(C) was a member of a fire or police department
(whether fire or emergency personnel, active or
retired), worked for a recovery or cleanup contractor,
or was a volunteer; and performed rescue, recovery,
demolition, debris cleanup, or other related services
at the Pentagon site of the terrorist-related aircraft
crash of September 11, 2001, during the period
beginning on September 11, 2001, and ending on November
19, 2001; or
(D) was a member of a fire or police department
(whether fire or emergency personnel, active or
retired), worked for a recovery or cleanup contractor,
or was a volunteer; and performed rescue, recovery,
demolition, debris cleanup, or other related services
at the Shanksville, Pennsylvania, site of the
terrorist-related aircraft crash of September 11, 2001,
during the period beginning on September 11, 2001, and
ending on October 3, 2001.
(2) Exception.--An alien shall not be provided any benefit
under this section if the Secretary of Homeland Security
determines that the alien has willfully made a material
misrepresentation or material omission in the proffer of
information described in paragraph (1)(C).
(c) Work Authorization.--The Secretary of Homeland Security may
authorize an alien who has applied for adjustment of status under
subsection (a) to engage in employment in the United States during the
pendency of such application.
(d) Construction.--Nothing in this section shall be construed to
limit the existing authority of the Secretary of Homeland Security on
the date of the enactment of this Act to require any form or other
submission of information or to perform any background or security
check for the purpose of determining the admissibility, or eligibility
under this section, of any alien.
(e) Waiver of Regulations.--The Secretary of Homeland Security
shall issue guidance to carry out this section not later than 6 months
after the date of the enactment of this Act, but is not required to
promulgate regulations prior to implementing this section.
(f) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(g) Definitions.--For purposes of this section:
(1) The term ``applicable Federal tax liability'' means
liability for Federal taxes, including penalties and interest,
owed for any year for which the statutory period for assessment
of any deficiency for such taxes has not expired.
(2) Except as otherwise specifically provided in this
section, the definitions used in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) (excluding the
definitions applicable exclusively to title III of such Act)
shall apply in the administration of this section. | 9/11 Immigrant Worker Freedom Act This bill authorizes the Department of Homeland Security (DHS) to adjust to permanent resident the status a qualifying alien who applies for adjustment not later than one year after enactment of this bill and who, after the September 11, 2011, terrorist attacks: worked or volunteered on site in rescue, recovery, debris cleanup, or related support services in lower Manhattan, the Staten Island Landfill, or the barge loading piers for a specified number of hours during certain periods between September 11, 2001, and July 31, 2002; was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins for any time during such period; or was a member of a fire or police department, worked for a recovery or cleanup contractor, or was a volunteer and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site during the period between September 11, 2001, and November 19, 2001, or at the Shanksville, Pennsylvania, site during the period between September 11, 2001-October 3, 2001. DHS may authorize an alien who has applied for adjustment of status under this bill to work during the pendency of his or her application. | {"src": "billsum_train", "title": "9/11 Immigrant Worker Freedom Act"} | 1,211 | 276 | 0.628321 | 1.999159 | 0.854024 | 5.027668 | 4.470356 | 0.916996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Lending Act Amendments of
1995''.
SEC. 2. CERTAIN CHARGES.
(a) Third Party Fees.--Section 106(a) of the Truth in Lending Act
(15 U.S.C. 1605(a)) is amended by adding after the 2d sentence the
following new sentence: ``The finance charge shall not include fees and
amounts imposed by third party closing agents (including settlement
agents, attorneys, and escrow and title companies) if the creditor does
not require the imposition of the charges or the services provided and
does not retain the charges.''.
(b) Borrower-Paid Mortgage Broker Fees.--
(1) Inclusion in finance charge.--Section 106(a) of the Truth
in Lending Act (15 U.S.C. 1605(a)) is amended by adding at the end
the following new paragraph:
``(6) Borrower-paid mortgage broker fees, including fees paid
directly to the broker or the lender (for delivery to the broker)
whether such fees are paid in cash or financed.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the earlier of--
(A) 60 days after the date on which the Board of Governors
of the Federal Reserve System issues final regulations under
paragraph (3); or
(B) the date that is 12 months after the date of the
enactment of this Act.
(3) Regulations implementing borrower-paid mortgage broker
fees.--The Board of Governors of the Federal Reserve System shall
promulgate regulations implementing the amendment made by paragraph
(1) by no later than 6 months after the date of the enactment of
this Act.
(c) Taxes on Security Instruments or Evidences of Indebtedness.--
Section 106(d) of the Truth in Lending Act (15 U.S.C. 1605(d)) is
amended by adding at the end the following new paragraph:
``(3) Any tax levied on security instruments or on documents
evidencing indebtedness if the payment of such taxes is a
precondition for recording the instrument securing the evidence of
indebtedness.''.
(d) Preparation of Loan Documents.--Section 106(e)(2) of the Truth
in Lending Act (15 U.S.C. 1605(e)(2)) is amended to read as follows:
``(2) Fees for preparation of loan-related documents.''.
(e) Fees Relating to Pest Infestations, Inspections, and Hazards.--
Section 106(e)(5) of the Truth in Lending Act (15 U.S.C. 1605(e)(5)) is
amended by inserting ``, including fees related to any pest infestation
or flood hazard inspections conducted prior to closing'' before the
period.
(f) Ensuring Finance Charges Reflect Cost of Credit.--
(1) Report.--
(A) In general.--Not later than 6 months after the date of
the enactment of this Act, the Board of Governors of the
Federal Reserve System shall submit to the Congress a report
containing recommendations on any regulatory or statutory
changes necessary--
(i) to ensure that finance charges imposed in
connection with consumer credit transactions more
accurately reflect the cost of providing credit; and
(ii) to address abusive refinancing practices engaged
in for the purpose of avoiding rescission.
(B) Report requirements.--In preparing the report under
this paragraph, the Board shall--
(i) consider the extent to which it is feasible to
include in finance charges all charges payable directly or
indirectly by the consumer to whom credit is extended, and
imposed directly or indirectly by the creditor as an
incident to the extension of credit (especially those
charges excluded from finance charges under section 106 of
the Truth in Lending Act as of the date of the enactment of
this Act), excepting only those charges which are payable
in a comparable cash transaction; and
(ii) consult with and consider the views of affected
industries and consumer groups.
(2) Regulations.--The Board of Governors of the Federal Reserve
System shall prescribe any appropriate regulation in order to
effect any change included in the report under paragraph (1), and
shall publish the regulation in the Federal Register before the end
of the 1-year period beginning on the date of enactment of this
Act.
SEC. 3. TOLERANCES; BASIS OF DISCLOSURES.
(a) Tolerances for Accuracy.--Section 106 of the Truth in Lending
Act (15 U.S.C. 1605) is amended by adding at the end the following new
subsection:
``(f) Tolerances for Accuracy.--In connection with credit
transactions not under an open end credit plan that are secured by real
property or a dwelling, the disclosure of the finance charge and other
disclosures affected by any finance charge--
``(1) shall be treated as being accurate for purposes of this
title if the amount disclosed as the finance charge--
``(A) does not vary from the actual finance charge by more
than $100; or
``(B) is greater than the amount required to be disclosed
under this title; and
``(2) shall be treated as being accurate for purposes of
section 125 if--
``(A) except as provided in subparagraph (B), the amount
disclosed as the finance charge does not vary from the actual
finance charge by more than an amount equal to one-half of one
percent of the total amount of credit extended; or
``(B) in the case of a transaction, other than a mortgage
referred to in section 103(aa), which--
``(i) is a refinancing of the principal balance then
due and any accrued and unpaid finance charges of a
residential mortgage transaction as defined in section
103(w), or is any subsequent refinancing of such a
transaction; and
``(ii) does not provide any new consolidation or new
advance;
if the amount disclosed as the finance charge does not vary
from the actual finance charge by more than an amount equal to
one percent of the total amount of credit extended.''.
(b) Basis of Disclosure for Per Diem Interest.--Section 121(c) of
the Truth in Lending Act (15 U.S.C. 1631(c)) is amended by adding at
the end the following new sentence: ``In the case of any consumer
credit transaction a portion of the interest on which is determined on
a per diem basis and is to be collected upon the consummation of such
transaction, any disclosure with respect to such portion of interest
shall be deemed to be accurate for purposes of this title if the
disclosure is based on information actually known to the creditor at
the time that the disclosure documents are being prepared for the
consummation of the transaction.''.
SEC. 4. LIMITATION ON LIABILITY.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by adding at the end the following new
section:
``SEC. 139. CERTAIN LIMITATIONS ON LIABILITY.
``(a) Limitations on Liability.--For any consumer credit
transaction subject to this title that is consummated before the date
of the enactment of the Truth in Lending Act Amendments of 1995, a
creditor or any assignee of a creditor shall have no civil,
administrative, or criminal liability under this title for, and a
consumer shall have no extended rescission rights under section 125(f)
with respect to--
``(1) the creditor's treatment, for disclosure purposes, of--
``(A) taxes described in section 106(d)(3);
``(B) fees described in section 106(e)(2) and (5);
``(C) fees and amounts referred to in the 3rd sentence of
section 106(a); or
``(D) borrower-paid mortgage broker fees referred to in
section 106(a)(6);
``(2) the form of written notice used by the creditor to inform
the obligor of the rights of the obligor under section 125 if the
creditor provided the obligor with a properly dated form of written
notice published and adopted by the Board or a comparable written
notice, and otherwise complied with all the requirements of this
section regarding notice; or
``(3) any disclosure relating to the finance charge imposed
with respect to the transaction if the amount or percentage
actually disclosed--
``(A) may be treated as accurate for purposes of this title
if the amount disclosed as the finance charge does not vary
from the actual finance charge by more than $200;
``(B) may, under section 106(f)(2), be treated as accurate
for purposes of section 125; or
``(C) is greater than the amount or percentage required to
be disclosed under this title.
``(b) Exceptions.--Subsection (a) shall not apply to--
``(1) any individual action or counterclaim brought under this
title which was filed before June 1, 1995;
``(2) any class action brought under this title for which a
final order certifying a class was entered before January 1, 1995;
``(3) the named individual plaintiffs in any class action
brought under this title which was filed before June 1, 1995; or
``(4) any consumer credit transaction with respect to which a
timely notice of rescission was sent to the creditor before June 1,
1995.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 138 the following new item:
``139. Certain limitations on liability.''.
SEC. 5. LIMITATION ON RESCISSION LIABILITY.
Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is further
amended by adding at the end the following new subsection:
``(h) Limitation on Rescission.--An obligor shall have no
rescission rights arising solely from the form of written notice used
by the creditor to inform the obligor of the rights of the obligor
under this section, if the creditor provided the obligor the
appropriate form of written notice published and adopted by the Board,
or a comparable written notice of the rights of the obligor, that was
properly completed by the creditor, and otherwise complied with all
other requirements of this section regarding notice.''.
SEC. 6. CALCULATION OF DAMAGES.
Section 130(a)(2)(A) of the Truth in Lending Act (15 U.S.C.
1640(a)(2)(A)) is amended--
(1) by striking ``or (ii)'' and inserting ``(ii)''; and
(2) by inserting before the semicolon at the end the following:
``, or (iii) in the case of an individual action relating to a
credit transaction not under an open end credit plan that is
secured by real property or a dwelling, not less than $200 or
greater than $2,000''.
SEC. 7. ASSIGNEE LIABILITY.
(a) Violations Apparent on the Face of Transaction Documents.--
Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by
adding at the end the following new subsection:
``(e) Liability of Assignee for Consumer Credit Transactions
Secured by Real Property.--
``(1) In general.--Except as otherwise specifically provided in
this title, any civil action against a creditor for a violation of
this title, and any proceeding under section 108 against a
creditor, with respect to a consumer credit transaction secured by
real property may be maintained against any assignee of such
creditor only if--
``(A) the violation for which such action or proceeding is
brought is apparent on the face of the disclosure statement
provided in connection with such transaction pursuant to this
title; and
``(B) the assignment to the assignee was voluntary.
``(2) Violation apparent on the face of the disclosure
described.--For the purpose of this section, a violation is
apparent on the face of the disclosure statement if--
``(A) the disclosure can be determined to be incomplete or
inaccurate by a comparison among the disclosure statement, any
itemization of the amount financed, the note, or any other
disclosure of disbursement; or
``(B) the disclosure statement does not use the terms or
format required to be used by this title.''.
(b) Servicer Not Treated as Assignee.--Section 131 of the Truth in
Lending Act (15 U.S.C. 1641) is further amended by adding after
subsection (e) (as added by subsection (a) of this section) the
following new subsection:
``(f) Treatment of Servicer.--
``(1) In general.--A servicer of a consumer obligation arising
from a consumer credit transaction shall not be treated as an
assignee of such obligation for purposes of this section unless the
servicer is or was the owner of the obligation.
``(2) Servicer not treated as owner on basis of assignment for
administrative convenience.--A servicer of a consumer obligation
arising from a consumer credit transaction shall not be treated as
the owner of the obligation for purposes of this section on the
basis of an assignment of the obligation from the creditor or
another assignee to the servicer solely for the administrative
convenience of the servicer in servicing the obligation. Upon
written request by the obligor, the servicer shall provide the
obligor, to the best knowledge of the servicer, with the name,
address, and telephone number of the owner of the obligation or the
master servicer of the obligation.
``(3) Servicer defined.--For purposes of this subsection, the
term `servicer' has the same meaning as in section 6(i)(2) of the
Real Estate Settlement Procedures Act of 1974.
``(4) Applicability.--This subsection shall apply to all
consumer credit transactions in existence or consummated on or
after the date of the enactment of the Truth in Lending Act
Amendments of 1995.''.
SEC. 8. RESCISSION RIGHTS IN FORECLOSURE.
Section 125 of the Truth in Lending Act (15 U.S.C. 1635) is amended
by inserting after subsection (h) (as added by section 5 of this Act)
the following new subsection:
``(i) Rescission Rights in Foreclosure.--
``(1) In general.--Notwithstanding section 139, and subject to
the time period provided in subsection (f), in addition to any
other right of rescission available under this section for a
transaction, after the initiation of any judicial or nonjudicial
foreclosure process on the primary dwelling of an obligor securing
an extension of credit, the obligor shall have a right to rescind
the transaction equivalent to other rescission rights provided by
this section, if--
``(A) a mortgage broker fee is not included in the finance
charge in accordance with the laws and regulations in effect at
the time the consumer credit transaction was consummated; or
``(B) the form of notice of rescission for the transaction
is not the appropriate form of written notice published and
adopted by the Board or a comparable written notice, and
otherwise complied with all the requirements of this section
regarding notice.
``(2) Tolerance for disclosures.--Notwithstanding section
106(f), and subject to the time period provided in subsection (f),
for the purposes of exercising any rescission rights after the
initiation of any judicial or nonjudicial foreclosure process on
the principal dwelling of the obligor securing an extension of
credit, the disclosure of the finance charge and other disclosures
affected by any finance charge shall be treated as being accurate
for purposes of this section if the amount disclosed as the finance
charge does not vary from the actual finance charge by more than
$35 or is greater than the amount required to be disclosed under
this title.
``(3) Right of recoupment under state law.--Nothing in this
subsection affects a consumer's right of rescission in recoupment
under State law.
``(4) Applicability.--This subsection shall apply to all
consumer credit transactions in existence or consummated on or
after the date of the enactment of the Truth in Lending Act
Amendments of 1995.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act (TILA) to exclude from the determination of finance charge for any consumer credit transaction fees imposed by third party closing agents, including settlement agents, attorneys, escrow and title companies, that are neither required nor retained by the creditor (thereby exempting such fees from TILA disclosure requirements).
Modifies the determination of finance charge to include borrower-paid mortgage broker fees.
Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness if they are a prerequisite for recordation; (2) fees for loan document preparation; and (3) appraisal fees related to pest infestations and flood hazard inspections.
Instructs the Board of Governors of the Federal Reserve System to report to the Congress on statutory or regulatory changes necessary to: (1) ensure that finance charges more accurately reflect the cost of credit; and (2) address abusive refinancing practices intended to avoid rescission.
(Sec.3) Permits finance charge disclosures to vary within specified accuracy tolerance limits for certain consumer credit transactions secured by real property or a dwelling.
Sets disclosure accuracy guidelines for per diem interest rate disclosures on consumer credit transactions.
(Sec. 4) Shields a creditor or assignee, except in certain kinds of actions, from liability in connection with disclosures of: (1) certain fees, taxes, and charges; and (2) finance charges that fall within certain statutory tolerance limits.
(Sec. 5) Restricts rescission liability arising from the form of written notice used by the creditor.
(Sec. 6) Provides for damages ranging from $200 to $2,000 for an individual consumer credit transaction not under an open end credit plan that is secured by real property or a dwelling.
(Sec. 7) Modifies assignee liability guidelines to: (1) apply them to consumer credit transactions secured by real property; and (2) provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law.
States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it.
(Sec. 8) Identifies circumstances under which a consumer has a right to rescind a consumer credit transaction after the initiation of any judicial or nonjudicial foreclosure process on the consumer's primary dwelling securing the debt. | {"src": "billsum_train", "title": "Truth in Lending Act Amendments of 1995"} | 3,778 | 553 | 0.53364 | 1.995506 | 0.645751 | 3.150943 | 6.853249 | 0.886792 |
SECTION 1. ACCRUAL RATES FOR MEMBERS OF CONGRESS UNDER CSRS AND FERS.
(a) CSRS.--
(1) Members.--Section 8339(c) of title 5, United States
Code, is amended by striking all that follows ``with respect
to--'' and inserting the following:
``(1) so much of his service as a Member as was performed
before the beginning of the 106th Congress;
``(2) so much of his military service as--
``(A) is creditable for the purpose of this
subsection; and
``(B) was performed before the beginning of such
Congress; and
``(3) so much of his Congressional employee service as was
performed before the beginning of such Congress;
by multiplying 2\1/2\ percent of his average pay by the years of that
service.''.
(2) Technical amendment.--Section 8332(d) of title 5,
United States Code, is amended by striking ``section
8339(c)(1)'' and inserting ``section 8339(c)''.
(b) FERS.--
(1) Members.--Section 8415(b) of title 5, United States
Code, is amended by striking ``shall'' and inserting ``shall,
to the extent that such service was performed before the
beginning of the 106th Congress,''.
(2) Provisions relating to the 1.1 percent accrual rate.--
Section 8415(g) of title 5, United States Code, is amended--
(A) in paragraph (1) by striking ``an employee
under paragraph (2),'' and inserting ``an employee or
Member under paragraph (2),'';
(B) in paragraph (2) by inserting ``or Member''
after ``in the case of an employee''; and
(C) by adding at the end the following:
``(3) Notwithstanding any other provision of this subsection--
``(A) this subsection shall not apply in the case of a
Member whose separation (on which entitlement to annuity is
based) occurs before the beginning of the 106th Congress; and
``(B) in the case of a Member to whom this subsection
applies, the 1.1 percent accrual rate shall apply only with
respect to any period of service other than a period with
respect to which the 1.7 percent accrual rate applies under
subsection (b) or (c).''.
SEC. 2. TREATMENT OF MEMBERS OF CONGRESS AS EMPLOYEES FOR ANNUITY
COMPUTATIONS.
(a) Computation of Annuity.--Section 8415 of title 5, United States
Code, is amended in subsection (a) by inserting ``or Member'' after
``employee''.
(b) Contributions.--
(1) Deductions from pay.--Section 8422(a)(2) of title 5,
United States Code, is amended--
(A) in subparagraph (A) by inserting ``or Member''
after ``employee)''; and
(B) in subparagraph (B) by striking ``Member,''.
(2) Government contributions.--Section 8423(a)(1) of title
5, United States Code, is amended--
(A) in subparagraph (A)(i) by striking
``subparagraph (B)),'' and inserting ``subparagraph
(B)) and Members,'';
(B) in subparagraph (A)(ii) by inserting ``and
Members'' before ``(under'';
(C) in subparagraph (B)(i) by striking
``Members,''; and
(D) in subparagraph (B)(ii) by striking ``and
Members''.
(c) Effective Date; Savings Provision.--
(1) Effective date.--This section shall take effect as of
the first day of the first applicable pay period beginning
after the end of the 12-month period beginning on the date of
the enactment of this Act.
(2) Savings provision.--Any annuity or portion of an
annuity computed based on service performed before the
effective date of this section shall be computed in accordance
with applicable provisions of law, as in effect immediately
before the effective date of this section.
SEC. 3. TWELVE-YEAR LIMITATION ON CREDITABLE SERVICE IN RETIREMENT
SYSTEMS FOR MEMBERS OF CONGRESS.
(a) Federal Employees' Retirement System.--
(1) Limitation.--Chapter 84 of title 5, United States Code,
is amended by inserting after section 8410 the following:
``Sec. 8410a. Limitation relating to Members
``(a) This section shall apply with respect to any Member serving
as--
``(1) a Member of the House of Representatives after
completing 12 years of service as a Member of the House of
Representatives; or
``(2) a Senator after completing 12 years of service as a
Senator.
``(b) A Member to whom this section applies remains subject to this
chapter, except as follows:
``(1)(A) Deductions under section 8422 shall not be made
from any pay for service performed as such a Member.
``(B) Government contributions under section 8423 shall not
be made with respect to any such Member.
``(C) Service performed as such a Member shall not be taken
into account for purposes of any computation under section
8415.
``(2) Government contributions under section 8432(c) shall
not be made with respect to any period of service performed as
such a Member.
``(c) Nothing in subsection (b) shall be considered to prevent any
period of service from being taken into account for purposes of
determining whether any age and service requirements for entitlement to
an annuity have been met.
``(d) For purposes of subsection (a)--
``(1) only service performed after the 105th Congress shall
be taken into account; and
``(2) service performed while subject to subchapter III of
chapter 83 (if any) shall be treated in the same way as if it
had been performed while subject to this chapter.
``(e) For purposes of this section, the term `Member of the House
of Representatives' includes a Delegate to the House of Representatives
and the Resident Commissioner from Puerto Rico.''.
(2) Table of contents.--The table of contents for chapter
84 of title 5, United States Code, is amended by inserting
after the item relating to section 8410 the following:
``8410a. Limitation relating to Members.''.
(b) Civil Service Retirement System.--
(1) Limitation.--Chapter 83 of title 5, United States Code,
is amended by inserting after section 8333 the following:
``Sec. 8333a. Limitation relating to Members
``(a) This section shall apply with respect to any Member serving
as--
``(1) a Member of the House of Representatives after
completing 12 years of service as a Member of the House of
Representatives; or
``(2) a Senator after completing 12 years of service as a
Senator.
``(b) A Member to whom this section applies remains subject to this
subchapter, except as follows:
``(1) Deductions under the first sentence of section
8334(a) shall not be made from any pay for service performed as
such a Member.
``(2) Government contributions under the second sentence of
section 8334(a) shall not be made with respect to any such
Member.
``(3) Service performed as such a Member shall not be taken
into account for purposes of any computation under section
8339, except in the case of a disability annuity.
``(c)(1) Nothing in subsection (b) shall be considered to prevent
any period of service from being taken into account for purposes of
determining whether any age and service requirements for entitlement to
an annuity have been met.
``(2) Nothing in subsection (b) or (c) of section 8333 shall apply
with respect to a Member who, at the time of separation, is a Member to
whom this section applies.
``(d) For purposes of subsection (a), only service performed after
the 105th Congress shall be taken into account.
``(e) For purposes of this section, the term `Member of the House
of Representatives' includes a Delegate to the House of Representatives
and the Resident Commissioner from Puerto Rico.''.
``8333a. Limitation relating to Members of the House of
Representatives.''.
SEC. 4. CONGRESSIONAL RETIREMENT FORFEITURE.
(a) Civil Service Retirement System.--Section 8332 of title 5,
United States Code, is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this subchapter,
the service of an individual convicted of an offense described in
paragraph (2) shall not, if or to the extent rendered as a Member
(irrespective of when rendered), be taken into account for purposes of
this subchapter. Any such individual (or other person determined under
section 8342(c), if applicable) shall be entitled to be paid so much of
such individual's lump-sum credit as is attributable to service to
which the preceding sentence applies.
``(2)(A) An offense described in this paragraph is any offense
described in subparagraph (B) for which the following apply:
``(i) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(ii) The conduct on which the offense is based is
directly related to the individual's service as a Member.
``(iii) The offense is committed during the 106th Congress
or later.
``(B) The offenses described in this subparagraph are as follows:
``(i) An offense within the purview of--
``(I) section 201 of title 18 (bribery of public
officials and witnesses);
``(II) section 203 of title 18 (compensation to
Members of Congress, officers, and others in matters
affecting the Government);
``(III) section 204 of title 18 (practice in United
States Court of Federal Claims or the United States
Court of Appeals for the Federal Circuit by Members of
Congress);
``(IV) section 207 of title 18 (restrictions on
former officers, employees, and elected officials of
the executive and legislative branches);
``(V) section 219 of title 18 (officers and
employees acting as agents of foreign principals);
``(VI) section 286 of title 18 (conspiracy to
defraud the Government with respect to claims);
``(VII) section 287 of title 18 (false, fictitious,
or fraudulent claims);
``(VIII) section 371 of title 18 (conspiracy to
commit offense or to defraud the United States;
``(IX) section 597 of title 18 (expenditures to
influence voting);
``(X) section 599 of title 18 (promise of
appointment by candidate);
``(XI) section 602 of title 18 (solicitation of
political contributions);
``(XII) section 606 of title 18 (intimidation to
secure political contributions);
``(XIII) section 607 of title 18 (place of
solicitation);
``(XIV) section 641 of title 18 (public money,
property or records);
``(XV) section 1001 of title 18 (statements or
entries generally);
``(XVI) section 1341 of title 18 (frauds and
swindles);
``(XVII) section 1343 of title 18 (fraud by wire,
radio, or television);
``(XVIII) section 1503 of title 18 (influencing or
injuring officer or juror);
``(XIX) section 1951 of title 18 (interference with
commerce by threats or violence);
``(XX) section 1952 of title 18 (interstate and
foreign travel or transportation in aid of racketeering
enterprises);
``(XXI) section 1962 of title 18 (prohibited
activities); or
``(XXII) section 7201 of the Internal Revenue Code
of 1986 (attempt to evade or defeat tax).
``(ii) Perjury committed under the statutes of the United
States in falsely denying the commission of an act which
constitutes an offense within the purview of a statute named by
clause (i).
``(iii) Subornation of perjury committed in connection with
the false denial of another individual as specified by clause
(ii).
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this subchapter while
serving as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director (within the meaning of section
8401(13)) shall prescribe such regulations as may be necessary to carry
out the purposes of this subsection with respect to the Thrift Savings
Plan. Regulations under this paragraph shall include provisions
requiring the return of all vested amounts.
``(6) Nothing in this subsection shall restrict any authority under
subchapter II or any other provision of law to deny or withhold
benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8331(2).''.
(b) Federal Employees' Retirement System.--Section 8411 of title 5,
United States Code, is amended by adding at the end the following:
``(i)(1) Notwithstanding any other provision of this chapter, the
service of an individual convicted of an offense described in paragraph
(2) shall not, if or to the extent rendered as a Member (irrespective
of when rendered), be taken into account for purposes of this chapter.
Any such individual (or other person determined under section 8424(d),
if applicable) shall be entitled to be paid so much of such
individual's lump-sum credit as is attributable to service to which the
preceding sentence applies.
``(2) An offense described in this paragraph is any offense
described in section 8332(o)(2)(B) for which the following apply:
``(A) The offense is committed by the individual (referred
to in paragraph (1)) while a Member.
``(B) The conduct on which the offense is based is directly
related to the individual's service as a Member.
``(C) The offense is committed during the 106th Congress or
later.
``(3) An individual convicted of an offense described in paragraph
(2) shall not, after the date of the conviction, be eligible to
participate in the retirement system under this chapter while serving
as a Member.
``(4) Except as provided in paragraph (5), the Office shall
prescribe such regulations as may be necessary to carry out this
subsection, including provisions under which interest on any lump-sum
payment under the second sentence of paragraph (1) shall be limited in
a manner similar to that specified in the last sentence of section
8316(b).
``(5) The Executive Director shall prescribe such regulations as
may be necessary to carry out the purposes of this subsection with
respect to the Thrift Savings Plan. Regulations under this paragraph
shall include provisions requiring the return of all vested amounts.
``(6) Nothing in this subsection shall restrict any authority under
subchapter II of chapter 83 or any other provision of law to deny or
withhold benefits authorized by statute.
``(7) For purposes of this subsection, the term `Member' has the
meaning given such term by section 2106, notwithstanding section
8401(20).''. | Amends Federal law to decrease accrual rates for annuities for certain Members and certain former Members of Congress under the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS).
(Sec. 2) Treats Members' pay deductions and government contributions for annuity computations in FERS in the same manner as Federal employees' pay deductions and government contributions are treated.
(Sec. 3) Prohibits deductions and contributions towards CSRS and FERS for a Member with more than 12 years service.
(Sec. 4) Sets forth congressional retirement forfeiture provisions under CSRS and FERS. | {"src": "billsum_train", "title": "A bill to amend chapters 83 and 84 of title 5, United States Code, to limit certain retirement benefits of Members of Congress, and for other purposes."} | 3,592 | 143 | 0.499858 | 1.323747 | 0.595346 | 1.858407 | 29.345133 | 0.902655 |
SECTION 1. AMENDMENT TO FISA.
Title III of the Foreign Intelligence Surveillance Act of 1978
Amendments Act of 2008 (Public Law 110-261) is amended by inserting at
the end the following:
``SEC. 302. SUBSTITUTION OF THE UNITED STATES IN CERTAIN ACTIONS.
``(a) In General.--
``(1) Certification.--Notwithstanding any other provision
of law, a Federal or State court shall substitute the United
States for an electronic communication service provider with
respect to any claim in a covered civil action as provided in
this subsection, if the Attorney General certifies to that
court that--
``(A) with respect to that claim, the assistance
alleged to have been provided by the electronic
communication service provider was--
``(i) provided in connection with an
intelligence activity involving communications
that was--
``(I) authorized by the President
during the period beginning on
September 11, 2001, and ending on
January 17, 2007; and
``(II) designed to detect or
prevent a terrorist attack, or
activities in preparation for a
terrorist attack, against the United
States; and
``(ii) described in a written request or
directive from the Attorney General or the head
of an element of the intelligence community (or
the deputy of such person) to the electronic
communication service provider indicating that
the activity was--
``(I) authorized by the President;
and
``(II) determined to be lawful; or
``(B) the electronic communication service provider
did not provide the alleged assistance.
``(2) Substitution.--
``(A) In general.--Except as provided in
subparagraph (B), and subject to subparagraph (C), upon
receiving a certification under paragraph (1), a
Federal or State court shall--
``(i) substitute the United States for the
electronic communication service provider as
the defendant as to all claims designated by
the Attorney General in that certification,
consistent with the procedures under rule 25(c)
of the Federal Rules of Civil Procedure, as if
the United States were a party to whom the
interest of the electronic communication
service provider in the litigation had been
transferred; and
``(ii) as to that electronic communication
service provider--
``(I) dismiss all claims designated
by the Attorney General in that
certification; and
``(II) enter a final judgment
relating to those claims.
``(B) Continuation of certain claims.--If a
certification by the Attorney General under paragraph
(1) states that not all of the alleged assistance was
provided under a written request or directive described
in paragraph (1)(A)(ii), the electronic communication
service provider shall remain as a defendant.
``(C) Determination.--
``(i) In general.--Substitution under
subparagraph (A) shall proceed only after a
determination by the Foreign Intelligence
Surveillance Court that--
``(I) the written request or
directive from the Attorney General or
the head of an element of the
intelligence community (or the deputy
of such person) to the electronic
communication service provider under
paragraph (1)(A)(ii) complied with
section 2511(2)(a)(ii)(B) of title 18,
United States Code;
``(II) the assistance alleged to
have been provided was undertaken by
the electronic communication service
provider acting in good faith and
pursuant to an objectively reasonable
belief that compliance with the written
request or directive under paragraph
(1)(A)(ii) was permitted by law; or
``(III) the electronic
communication service provider did not
provide the alleged assistance.
``(ii) Certification.--If the Attorney
General submits a certification under paragraph
(1), the court to which that certification is
submitted shall--
``(I) immediately certify the
questions described in clause (i) to
the Foreign Intelligence Surveillance
Court; and
``(II) stay further proceedings in
the relevant litigation, pending the
determination of the Foreign
Intelligence Surveillance Court.
``(iii) Participation of parties.--In
reviewing a certification and making a
determination under clause (i), the Foreign
Intelligence Surveillance Court shall permit
any plaintiff and any defendant in the
applicable covered civil action to appear
before the Foreign Intelligence Surveillance
Court pursuant to section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1803).
``(iv) Declarations.--If the Attorney
General files a declaration under section 1746
of title 28, United States Code, that
disclosure of a determination made pursuant to
clause (i) would harm the national security of
the United States, the Foreign Intelligence
Surveillance Court shall limit any public
disclosure concerning such determination,
including any public order following such an ex
parte review, to a statement that the
conditions of clause (i) have or have not been
met, without disclosing the basis for the
determination.
``(D) Special rule.--Notwithstanding any other
provision of this Act--
``(i) in any matter in which the Foreign
Intelligence Surveillance Court denies
dismissal on grounds that the statutory
defenses provided in title VIII of the Foreign
Intelligence Surveillance Act of 1978 are
unconstitutional, the Attorney General shall be
substituted pursuant to this paragraph; and
``(ii) if a claim is dismissed pursuant to
title VIII of the Foreign Intelligence
Surveillance Act of 1978 prior to date of
enactment of this section, the claim against
the United States shall be tolled for the
period during which the claim was pending and
may be refilled against the United States
pursuant to rule 60(b) of the Federal Rules of
Civil Procedure after the date of enactment of
this section.
``(3) Procedures.--
``(A) Tort claims.--Upon a substitution under
paragraph (2), for any tort claim--
``(i) the claim shall be deemed to have
been filed under section 1346(b) of title 28,
United States Code, except that sections
2401(b), 2675, and 2680(a) of title 28, United
States Code, shall not apply; and
``(ii) the claim shall be deemed timely
filed against the United States if it was
timely filed against the electronic
communication service provider.
``(B) Constitutional and statutory claims.--Upon a
substitution under paragraph (2), for any claim under
the Constitution of the United States or any Federal
statute--
``(i) the claim shall be deemed to have
been filed against the United States under
section 1331 of title 28, United States Code;
``(ii) with respect to any claim under a
Federal statute that does not provide a cause
of action against the United States, the
plaintiff shall be permitted to amend such
claim to substitute, as appropriate, a cause of
action under--
``(I) section 704 of title 5,
United States Code (commonly known as
the Administrative Procedure Act);
``(II) section 2712 of title 18,
United States Code; or
``(III) section 110 of the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1810);
``(iii) the statutes of limitation
applicable to the causes of action identified
in clause (ii) shall apply to any amended claim
under that clause subject to the tolling
requirements of paragraph (2)(D)(ii), and any
such cause of action shall be deemed timely
filed if any Federal statutory cause of action
against the electronic communication service
provider was timely filed; and
``(iv) for any amended claim under clause
(ii) the United States shall be deemed a proper
defendant under any statutes described in that
clause, and any plaintiff that had standing to
proceed against the original defendant shall be
deemed an aggrieved party for purposes of
proceeding under section 2712 of title 18,
United States Code, or section 110 of the
Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1810).
``(C) Discovery.--
``(i) In general.--In a covered civil
action in which the United States is
substituted as party-defendant under paragraph
(2), any plaintiff may serve third-party
discovery requests to any electronic
communications service provider as to which all
claims are dismissed.
``(ii) Binding the government.--If a
plaintiff in a covered civil action serves
deposition notices under rule 30(b)(6) of the
Federal Rules of Civil Procedure or requests
for admission under rule 36 of the Federal
Rules of Civil Procedure upon an electronic
communications service provider as to which all
claims were dismissed, the electronic
communications service provider shall be deemed
a party-defendant for purposes rule 30(b)(6) or
rule 36 and its answers and admissions shall be
deemed binding upon the Government.
``(b) Certifications.--
``(1) In general.--For purposes of substitution proceedings
under this section--
``(A) a certification under subsection (a) may be
provided and reviewed in camera, ex parte, and under
seal; and
``(B) for any certification provided and reviewed
as described in subparagraph (A), the court shall not
disclose or cause the disclosure of its contents.
``(2) Nondelegation.--The authority and duties of the
Attorney General under this section shall be performed by the
Attorney General or a designee in a position not lower than the
Deputy Attorney General.
``(c) Sovereign Immunity.--This section, including any Federal
statute cited in this section that operates as a waiver of sovereign
immunity, constitute the sole waiver of sovereign immunity with respect
to any covered civil action.
``(d) Civil Actions in State Court.--For purposes of section 1441
of title 28, United States Code, any covered civil action that is
brought in a State court or administrative or regulatory bodies shall
be deemed to arise under the Constitution or laws of the United States
and shall be removable under that section.
``(e) Rule of Construction.--Except as expressly provided in this
section, nothing in this section may be construed to limit any
immunity, privilege, or defense under any other provision of law,
including any privilege, immunity, or defense that would otherwise have
been available to the United States absent its substitution as party-
defendant or had the United States been the named defendant.
``(f) Effective Date and Application.--This section shall apply to
any covered civil action pending on or filed after the date of
enactment of this section.''. | Amends the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 to require a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic communication service provider indicating that the activity was authorized by the President and determined to be lawful.
Requires a federal or state court, upon receiving such a certification, to: (1) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in the certification; (2) dismiss all such designated claims against the provider; and (3) enter a final judgment relating to those claims.
Provides that the electronic communication service provider shall remain as a defendant if the Attorney General's certification states that not all of the alleged assistance was provided under a written request or directive.
Allows substitution only after a determination by the Foreign Intelligence Surveillance Court (after certification by the Attorney General) that the directive requesting provider assistance was lawful and that the assistance was provided in good faith of the lawfulness of the directive.
Provides that, in a covered civil action in which the United States is substituted as a party-defendant, any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed. | {"src": "billsum_train", "title": "A bill to provide for the substitution of the United States in certain civil actions relating to electronic service providers and FISA."} | 2,346 | 407 | 0.77646 | 2.461854 | 0.925692 | 4.382114 | 5.902439 | 0.96748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burton Greene Higher-Risk Impaired
Driver Act''.
SEC. 2. INCREASED PENALTIES.
(a) In General.--Chapter I of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 165. Increased penalties for higher risk drivers for driving
while intoxicated or driving under the influence
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Blood Alcohol concentration.--The term `blood alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or the equivalent grams of alcohol per 210 liters of
breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and `driving
under the influence' mean driving or being in actual physical
control of a motor vehicle while having a blood alcohol
concentration above the permitted limit as established by each
State.
``(3) License suspension.--The term `license suspension'
means the suspension of all driving privileges.
``(4) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways but does not include a
vehicle operated solely on a rail line or a commercial vehicle.
``(5) Higher-risk impaired driver law.--
``(A) The term `higher-risk impaired driver law'
means a State law that provides, as a minimum penalty,
that an individual described in subparagraph (B)
shall--
``(i) receive a driver's license suspension
for not less than 1 year, including a complete
ban on driving for not less than 90 days and
for the remainder of the license suspension
period and prior to the issuance of a
probational hardship or work permit license, be
required to install a certified alcohol
ignition interlock device;
``(ii) have the motor vehicle driven at the
time of arrest impounded or immobilized for not
less than 90 days and for the remainder of the
license suspension period require the
installation of a certified alcohol ignition
interlock device on the vehicle;
``(iii) be subject to an assessment by a
certified substance abuse official of the State
that assesses the individual's degree of abuse
of alcohol and assigned to a treatment program
or impaired driving education program as
determined by the assessment;
``(iv) be imprisoned for not less than 10
days, have an electronic monitoring device for
not less than 100 days, or be assigned to a
DUI/DWI specialty facility for not less than 30
days;
``(v) be fined a minimum of $1,000, with
the proceeds of such funds to be used by the
State or local jurisdiction for impaired
driving related prevention, enforcement, and
prosecution programs, or for the development or
maintenance of a tracking system of offenders
driving while impaired;
``(vi) if the arrest resulted from
involvement in a crash, the court shall require
restitution to the victims of the crash;
``(vii) be placed on probation by the court
for a period of not less than 2 years;
``(viii) if diagnosed with a substance
abuse problem, during the first year of the
probation period referred to in clause
(vii), attend a treatment program for a period of 12 consecutive months
sponsored by a State certified substance abuse treatment agency and
meet with a case manager at least once each month; and
``(ix) be required by the court to attend a
victim impact panel, if such a panel is
available.
``(B) An individual referred to in subparagraph (A)
is an individual who--
``(i) is convicted of a second or
subsequent offense for driving while
intoxicated or driving under the influence
within a minimum of 5 consecutive years;
``(ii) is convicted of a driving while
intoxicated or driving under the influence with
a blood alcohol concentration of 0.15 percent
or greater;
``(iii) is convicted of a driving-while-
suspended offense if the suspension was the
result of a conviction for driving under the
influence; or
``(iv) refuses a blood alcohol
concentration test while under arrest or
investigation for involvement in a fatal or
serious injury crash.
``(6) Special dui/dwi facility.--The term `special DUI/DWI
facility' means a facility that houses and treats offenders
arrested for driving while impaired and allows such offenders
to work and/or attend school.
``(7) Victim impact panel.--The term `victim impact panel'
means a group of impaired driving victims who speak to
offenders about impaired driving. The purpose of the panel is
to change attitudes and behaviors in order to deter impaired
driving recidivism.
``(b) Transfer of Funds.--
``(1) Fiscal year 2006.--Beginning on October 1, 2006, if a
State has not enacted or is not enforcing a higher risk
impaired driver law, the Secretary shall transfer an amount
equal to 2 percent of the funds apportioned to the State on
that date under each of paragraphs (1), (3), and (4) of section
104(b) to the apportionment of the State under section 402
solely for impaired driving programs.
``(2) Fiscal year 2007.--On October 1, 2007, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 4 percent
of the funds apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in paragraph (1).
``(3) Fiscal year 2008.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall transfer an amount equal to 6 percent
of the funds apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) to the
apportionment of the State under section 402 to be used or
directed as described in paragraph (1).
``(4) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (1), (2), or (3) may be
derived from 1 or more of the following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(3).
``(C) The apportionment of the State under section
104(b)(4).
``(5) Transfer of obligation authority.--
``(A) In general.--If the Secretary transfers under
this subsection any funds to the apportionment of a
State under section 402 for a fiscal year, the
Secretary shall transfer an amount, determined under
subparagraph (B), of obligation authority distributed
for the fiscal year to the State for carrying out
impaired driving programs authorized under section 402.
``(B) Amount.--The amount of obligation authority
referred to in subparagraph (A) shall be determined by
multiplying--
``(i) the amount of funds transferred under
subparagraph (A) to the apportionment of the
State under section 402 for the fiscal year; by
``(ii) the ratio that--
``(I) the amount of obligation
authority distributed for the fiscal
year to the State for Federal-aid
highways and highway safety
construction programs; bears to
``(II) the total of the sums
apportioned to the State for Federal-
aid highways and highway safety
construction programs (excluding sums
not subject to any obligation
limitation) for the fiscal year.
``(7) Limitation on applicability of obligation
limitation.--Notwithstanding any other provision of law, no
limitation on the total of obligations for highway safety
programs under section 402 shall apply to funds transferred
under this subsection to the apportionment of a State under
such section.
``(c) Withholding of Funds.--
``(1) Fiscal year 2009.--On October 1, 2008, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 2 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(2) Fiscal year 2010.--On October 1, 2009, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 4 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(3) Fiscal year 2011.--On October 1, 2010, if a State has
not enacted or is not enforcing a higher-risk impaired driver
law, the Secretary shall withhold 6 percent of the amount
required to be apportioned for Federal-aid highways to the
State on that date under each of paragraphs (1), (3), and (4)
of section 104(b).
``(4) Compliance.--Not later than 4 years after the date
that the apportionment for any State is reduced in accordance
with this section the Secretary determines that such State has
enacted and is enforcing a provision described in section
163(a), the apportionment of such State shall be increased by
an amount equal to such reduction. If at the end of such 4-year
period, any State has not enacted and is not enforcing a
provision described in section 163(a) any amounts so withheld
shall be transferred to carry out impaired driving programs
authorized under section 402. | Burton Greene Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation, beginning on October 1, 2006, to transfer two percent of a State's Federal-aid highway funds to that State's apportionment solely for impaired driving programs if the State has not enacted or is not enforcing a higher risk impaired driver law.Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction; or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash.Includes among such penalties: (1) driver's license suspension; (2) motor vehicle impoundment or immobilization; (3) assessment by a certified substance abuse official and assignment to treatment; (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUI/DWI specialty facility; (5) a $1,000 fine; (6) required restitution; (7) probation; and (8) required attendance of a treatment program and a victim impact panel. | {"src": "billsum_train", "title": "To amend title 23, United States Code, to increase penalties for individuals who operate motor vehicles while intoxicated or under the influence of alcohol."} | 2,252 | 301 | 0.59064 | 1.594506 | 0.792889 | 3.019455 | 8.015564 | 0.918288 |
SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR
GAINFUL EMPLOYMENT.
(a) In General.--Subpart A 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. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY
FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in
subsection (b)(1)) with respect to such individual, there shall
be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 35
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$15,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means an individual who--
``(A) has attained age 50, and
``(B) is one of the following:
``(i) An individual who bears a
relationship to the taxpayer described in
subparagraph (C) or (D) of section 152(d)(2)
(relating to fathers, mothers, and ancestors).
``(ii) An individual would be a dependent
of the taxpayer (as defined in section 152,
determined without regard to subsections (b)(1)
and (b)(2)) as a qualifying relative described
in section 152(d)(1) if--
``(I) in lieu of subparagraphs (B)
and (C) thereof the following applied
with respect to the individual:
``(aa) the taxpayer has
provided over one-half of the
individual's support for the
calendar year in which such
taxable year begins and each of
the preceding 4 taxable years,
and
``(bb) the individual's
modified adjusted gross income
for the calendar year in which
such taxable year begins is
less than the exemption amount
(as defined in section 151(d)),
``(II) the individual is physically
or mentally incapable of caring for
himself or herself, and
``(III) who has the same principal
place of abode as the taxpayer for more
than one-half of such taxable year.
``(iii) The spouse of the taxpayer who is
physically or mentally incapable of caring for
himself or herself.
``(2) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined
without regard to section 86.
``(3) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual, including expenses for
respite care and hospice care.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $3,000 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $6,000 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--Except as otherwise provided in
this subsection, the amount of the employment-related expenses incurred
during any taxable year which may be taken into account under
subsection (a) shall not exceed--
``(1) in the case of an individual who is not married at
the close of such year, such individual's earned income for
such year, or
``(2) in the case of an individual who is married at the
close of such year, the lesser of such individual's earned
income or the earned income of his spouse for such year.
``(e) Special Rules.--For purposes of this section--
``(1) Place of abode.--An individual shall not be treated
as having the same principal place of abode of the taxpayer if
at any time during the taxable year of the taxpayer the
relationship between the individual and the taxpayer is in
violation of local law.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household, such individual shall not be considered as
married.
``(5) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 152(f)(1)) who has not attained the
age of 19 at the close of the taxable year. For
purposes of this paragraph, the term `taxable year'
means the taxable year of the taxpayer in which the
service is performed.
``(6) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(7) Identifying information required with respect to
qualifying individuals.--No credit shall be allowed under this
section with respect to any qualifying individual unless the
TIN of such individual is included on the return claiming the
credit.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for subpart A 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. 25E. Expenses for household and elder care services necessary
for gainful employment.''.
(c) 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 a new tax credit for employment-related expenses necessary to care for a dependent of a taxpayer who has attained age 50, including expenses for household services and for the care of the dependent, including respite care and hospice care. Limits the amount of such credit to $3,000 for the care of one dependent and $6,000 for the care of two or more dependents of the taxpayer in a taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment."} | 2,203 | 98 | 0.530644 | 1.219696 | 0.850953 | 2.835294 | 23.741176 | 0.952941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Trafficking Fraud Enforcement
Act of 2010''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT
RELATING TO HUMAN TRAFFICKING AND PROMOTION OF COMMERCIAL
SEX ACTS.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$4,000,000 for fiscal year 2011 for the purpose of establishing
an office within the Internal Revenue Service to investigate
and prosecute violations of the internal revenue laws by
persons that appear to be engaged in conduct in violation of
section 1591(a), section 2421, section 2422, subsection (a),
(d), or (e) of section 2423, section 1952, section 1589,
section 1590, or section 1351 of title 18, United States Code,
or section 1328 of title 8, United States Code, or the laws of
any State or territory that prohibit the promotion of
prostitution or of any commercial sex act (as such term is
defined in section 1591(e)(3) of title 18, United States Code).
(2) Availability.--Any amounts appropriated pursuant to the
authority of paragraph (1) shall remain available for fiscal
year 2011.
(b) Additional Funding for Operations of Office.--Unless
specifically appropriated otherwise, there is authorized to be
appropriated and is appropriated to the office established under
subsection (a)(1) for fiscal years 2011 and 2012 for the administration
of such office an amount equal to the amount of any tax under chapter 1
of the Internal Revenue Code of 1986 (including any interest) collected
during such fiscal years as the result of the actions of such office,
plus any civil or criminal monetary penalties imposed under such Code
relating to such tax and so collected.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Treasury shall report to the
Committee of Ways and Means of the House of Representatives and the
Committee on Finance of the Senate on the enforcement activities of the
office established under subsection (a)(1) and shall include any
recommendations for statutory changes to assist in future prosecutions
under this section.
(d) Applicability of Whistleblower Awards to Victims of Human
Trafficking.--For purposes of making an award under paragraph (1) or
(2) of section 7623(b) of the Internal Revenue Code of 1986 with
respect to information provided by victims of any person convicted of
violating section 1589, section 1590, section 1591(a), section 2421,
section 2422, subsection (a), (d), or (e) of section 2423, or section
1952, or section 1351 of title 18, United States Code, or section 1328
of title 8, United States Code, or the laws of any State or territory
that prohibit the promotion of prostitution or of any commercial sex
act (as such term is defined in section 1591(e)(3)) of title 18, United
States Code), the determination of whether such person is described in
such paragraph shall be made without regard to paragraph (3) of section
7623(b) of such Code.
SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE
UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD.
(a) In General.--
(1) Attempt to evade or defeat tax.--Section 7201 of the
Internal Revenue Code of 1986 (relating to attempt to evade or
defeat tax) is amended--
(A) by striking ``Any person'' and inserting the
following:
``(a) In General.--Any person'', and
(B) by adding at the end the following new
subsection:
``(b) Attempt To Evade or Defeat Tax Attributable to Human
Trafficking and Commercial Sex Acts.--
``(1) In general.--In the case of any attempt to evade or
defeat any tax attributable to income derived from an act
described in paragraph (2), subsection (a) shall be applied--
``(A) by substituting `$500,000 ($1,000,000' for
`$100,000 ($500,000', and
``(B) by substituting `10 years' for `5 years'.
``(2) Human trafficking and commercial sex acts.--For
purposes of paragraph (1), an act described in this paragraph
is any act which is a violation of section 1591(a), section
2421, section 2422, subsection (a), (d), or (e) of section
2423, section 1952, section 1589, section 1590, or section 1351
of title 18, United States Code, or section 1328 of title 8,
United States Code, or the laws of any State or territory that
prohibit the promotion of prostitution or of any commercial sex
act (as such term is defined in section 1591(e)(3) of title 18,
United States Code).''.
(2) Willful failure to file return, supply information, or
pay tax.--Section 7203 of such Code (relating to willful
failure to file return, supply information, or pay tax) is
amended--
(A) in the first sentence--
(i) by striking ``Any person'' and
inserting the following:
``(a) In General.--Any person'', and
(ii) by striking ``$25,000'' and inserting
``$50,000'',
(B) in the third sentence, by striking ``section''
and inserting ``subsection'', and
(C) by adding at the end the following new
subsection:
``(b) Failure To File With Respect to Tax Attributable to Human
Trafficking and Commercial Sex Acts.--In the case of any failure with
respect to any tax attributable to income derived from an act described
in paragraph (2) of section 7201(b), the first sentence of subsection
(a) shall be applied by substituting--
``(1) `felony' for `misdemeanor',
``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and
``(3) `10 years' for `1 year'.''.
(3) Fraud and false statements.--Section 7206 of such Code
(relating to fraud and false statements) is amended--
(A) by striking ``Any person'' and inserting the
following:
``(a) In General.--Any person'', and
(B) by adding at the end the following new
subsection:
``(b) Fraud and False Statements With Respect to Tax Attributable
to Human Trafficking and Commercial Sex Acts.--In the case of any
violation of subsection (a) relating to any tax attributable to income
derived from an act described in paragraph (2) of section 7201(b),
subsection (a) shall be applied--
``(1) by substituting `$500,000 ($1,000,000' for `$100,000
($500,000', and
``(2) by substituting `5 years' for `3 years'.''.
(4) Penalties may be applied in addition to other
penalties.--Section 7204 of such Code (relating to fraudulent
statement or failure to make statement to employees) is amended
by striking ``the penalty provided in section 6674'' and
inserting ``the penalties provided in sections 6674, 7201, and
7203''.
(b) Increase in Monetary Limitation for Underpayment or Overpayment
of Tax Due to Fraud.--Section 7206 of such Code (relating to fraud and
false statements), as amended by subsection (a)(3), is amended by
adding at the end the following new subsection:
``(c) Increase in Monetary Limitation for Underpayment or
Overpayment of Tax Due to Fraud.--If any portion of any underpayment
(as defined in section 6664(a)) or overpayment (as defined in section
6401(a)) of tax required to be shown on a return is attributable to
fraudulent action described in subsection (a), the applicable dollar
amount under subsection (a) shall in no event be less than an amount
equal to such portion. A rule similar to the rule under section 6663(b)
shall apply for purposes of determining the portion so attributable.''.
(c) Effective Date.--The amendments made by this section shall
apply to actions, and failures to act, occurring after the date of the
enactment of this Act. | Human Trafficking Fraud Enforcement Act of 2010 - Authorizes appropriations in FY2011 to establish an office within the Internal Revenue Service (IRS) to investigate and prosecute violations of internal revenue laws by persons that appear to be engaged in sex trafficking of children, transportation and coercion of individuals and minors for the purpose of prostitution, racketeering, forced labor and trafficking in slavery, and importation of aliens for prostitution. Makes victims of sex trafficking eligible for whistleblower awards.
Amends the Internal Revenue Code to increase criminal penalties and fines for: (1) attempts to evade or defeat tax attributable to human trafficking and commercial sex acts; (2) willful failure to file returns for tax attributable to income derived from human trafficking and commercial sex acts; and (3) fraud and false statements with respect to tax attributable to human trafficking and commercial sex acts. | {"src": "billsum_train", "title": "To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to the promotion of commercial sex acts and trafficking in persons crimes, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud."} | 1,914 | 208 | 0.547033 | 1.587365 | 0.706419 | 3.4125 | 10.51875 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prisoner-of-War Commemorative Coin
Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Issuance.--The Secretary of the Treasury (hereafter in this Act
referred to -i-n -t-h-i-s -A-c-t as the ``Secretary'') shall issue not
more than 1,500,000 one dollar coins which shall weigh 26.73 grams,
have a diameter of 1.500 inches, and shall contain 90 percent silver
and 10 percent copper.
(b) Design.--The design of such coins shall be emblematic of the
experience of Americans who have been prisoners of war. On each such
coin there shall be a designation of the value of the coin, an
inscription of the year ``1993'', and inscriptions of the words
``Liberty'', ``In God We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(c) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
SEC. 3. ISSUANCE OF THE COINS.
(a) Commencement of Issuance.--The coins authorized and minted
under this Act may be issued beginning January 15, 1994.
(b) Termination of Authority.--The coins authorized and minted
under this Act may not be minted after December 31, 1994.
(c) Proof and Uncirculated Coins.--The coins authorized and minted
under this Act may be issued in uncirculated and proof qualities and
shall be struck at no more than one facility of the United States Mint.
SEC. 4. SOURCE OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act (50 U.S.C. 98 et seq.).
SEC. 5. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be selected
by the Secretary after consultation with the Commission of Fine Arts.
As required by section 5135 of title 31, United States Code, the design
shall also be reviewed by the Citizens Commemorative Coin Advisory
Committee.
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 face value, plus the cost of
designing and issuing such coins (including labor, materials, dies, use
of machinery, and overhead expenses) and the surcharge provided for in
subsection (d).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins issued under this Act prior to the issuance of such coins.
Sales under this subsection shall be at a reasonable discount to
reflect the benefit of prepayment.
(d) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $5 per coin.
SEC. 7. USE OF SURCHARGES.
An amount equal to the surcharges received by the Secretary from
the sale of coins issued under this Act shall be made available or paid
by the Secretary in the order that follows:
(1) Amounts to be made available for construction of
museum.--The Secretary of the Treasury shall make available to
the Secretary of the Interior the first $3,000,000 for the
construction of the Andersonville Prisoner-of-War Museum in
Andersonville, Georgia.
(2) Amounts to be paid to endowment fund.--After payment of
the amount required by paragraph (1), the Secretary of the
Treasury shall pay 50 percent of the remaining surcharges to
the endowment fund created under section 8.
(3) Amounts to be paid to maintain national cemeteries.--
After payment of the amount required by paragraph (1), the
Secretary shall pay 50 percent of the remaining surcharges to
the Secretary of Veterans Affairs for purposes of maintaining
national cemeteries pursuant to chapter 24 of title 38, United
States Code.
SEC. 8. ENDOWMENT FUND.
(a) Establishment.--There is established in the Department of the
Interior an endowment fund (-h-e-r-e-i-n-a-f-t-e-r hereafter in this
Act referred to as the ``fund'') to be administered by the Secretary of
the Interior and to consist of the amounts deposited under subsection
(b).
(b) Deposit Into Fund.--
(1) Deposit from surcharges.--There shall be deposited into
the fund such amounts that are paid by the Secretary under
section 7(2).
(2) Investment.--The Secretary shall have the authority to
invest the portion of the fund that is not, in the
determination of the Secretary, required to meet the current
needs of the fund, in obligations of the United States or in
obligations guaranteed as to the principal and interest by the
United States. In making such investments, the Secretary shall
select obligations having maturities suitable to the needs of
the fund.
(c) Expenditures.--The Secretary of the Interior may use the
amounts deposited in the fund under this Act to pay for the maintenance
of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia.
-S-E-C-. -9-. -C-O-I-N-A-G-E -P-R-O-F-I-T -F-U-N-D-.
-(-a-) -D-e-p-o-s-i-t-s-.----A-l-l -a-m-o-u-n-t-s -r-e-c-e-i-v-e-d
-f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r
-t-h-i-s -A-c-t -s-h-a-l-l -b-e -d-e-p-o-s-i-t-e-d -i-n -t-h-e
-c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-.
-(-b-) -P-a-y-m-e-n-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l
-p-a-y -t-h-e -a-m-o-u-n-t-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r -t-h-i-s
-A-c-t -f-r-o-m -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-.
-(-c-) -E-x-p-e-n-d-i-t-u-r-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y
-s-h-a-l-l -c-h-a-r-g-e -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d
-w-i-t-h -a-l-l -e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -t-h-i-s -A-c-t-.
SEC. 9. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions of
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that the minting and issuance of
the coins referred to in section 2 shall not result in any net cost to
the Federal Government.
(b) Payment for Coins.--No coin shall be issued under this Act
unless the Secretary has received--
(1) full payment thereof;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Government.
SEC. 11. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not apply
with respect to any law relating to equal employment opportunity. | Prisoner-of-War Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of one-dollar coins emblematic of the experience of American prisoners of war.
Requires that all sales of such coins include a surcharge of $5 per coin. Requires specified proceeds from such surcharges to be paid to the: (1) Secretary of the Interior for construction of the Andersonville Prisoner-of-War Museum in Andersonville, Georgia; (2) endowment fund established by this Act for the maintenance of such Museum; and (3) Secretary of Veterans Affairs to maintain national cemeteries.
Declares that the coins issued under this Act are subject to specified law relating to the Numismatic Public Enterprise Fund. | {"src": "billsum_train", "title": "Prisoner-of-War Commemorative Coin Act"} | 2,165 | 160 | 0.520591 | 1.426629 | 0.733856 | 4.107143 | 13.257143 | 0.907143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mountaintown National Scenic Area
Act of 2007''.
SEC. 2. MOUNTAINTOWN NATIONAL SCENIC AREA, CHATTAHOOCHEE NATIONAL
FOREST, GEORGIA.
(a) Establishment.--There is hereby established in the
Chattahoochee National Forest in the State of Georgia the Mountaintown
National Scenic Area (in this section referred to as the ``scenic
area'') consisting of approximately 13,382 acres, as generally depicted
on the map entitled ``Mountaintown Proposed Scenic Area--Chattahoochee
National Forest, Georgia'' and dated May 3, 2006.
(b) Map and Descriptions.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Agriculture shall submit to
Congress a final map and boundary description of the scenic area. The
map and description shall have the same force and effect as if included
in this Act, except that the Secretary may correct clerical and
typographical errors in the map and boundary description. The map and
boundary description shall be on file and available for public
inspection in the Office of the Chief of the Forest Service. In the
case of any discrepancy between the acreage and the map referred to in
subsection (a) and the map and boundary description required by this
subsection, the map and boundary description required by this
subsection shall control.
(c) Management.--
(1) Purposes.--The Secretary shall manage the scenic area
for the purposes of--
(A) ensuring the appropriate protection and
preservation of the scenic quality, water quality,
natural characteristics, and water resources of the
area;
(B) protecting and managing vegetation in the area
to provide wildlife and fish habitat, consistent with
subparagraph (A);
(C) providing parcels within the area that may
develop characteristics of old-growth forests; and
(D) providing a variety of recreation
opportunities, consistent with the preceding purposes.
(2) Priority.--In the case of a conflict between the
management purposes specified in paragraph (1) and the laws and
regulations generally applicable to the National Forest System,
the management purposes shall take precedence.
(d) Management Plan.--Not later than three years after the date of
the enactment of this Act, the Secretary shall develop a management
plan for the scenic area as an amendment to the land and resource
management plan for the Chattahoochee National Forest. The amendment
shall conform to the requirements of this section. Nothing in this
section shall require the Secretary to revise the land and resource
management plan for the Chattahoochee National Forest pursuant to
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604).
(e) Roads.--After the date of the enactment of this Act, no new
roads shall be constructed or established within the scenic area,
except that this prohibition shall not be construed to deny access to
private lands or interests therein in the scenic area.
(f) Vegetation Management.--No timber harvest shall be allowed
within the scenic area, except as may be necessary in the control of
fire, insects, and diseases and to provide for public safety and trail
access. Notwithstanding the foregoing, the Secretary may engage in
vegetation manipulation practices for maintenance of existing wildlife
clearings and visual quality. Firewood may be harvested for personal
use along perimeter roads under such conditions as the Secretary may
impose.
(g) Motorized Travel.--Motorized travel shall not be permitted
within the scenic area, except that the Secretary may authorize
motorized travel within the scenic area as necessary for administrative
use in furtherance of the management purposes specified in subsection
(c)(1) and in support of wildlife management projects in existence as
of the date of the enactment of this Act.
(h) Fire.--Wildfires in the scenic area shall be suppressed in a
manner consistent with the management purposes specified in subsection
(c)(1), using such means as the Secretary considers appropriate.
(i) Insects and Disease.--Insect and disease outbreaks may be
controlled in the scenic area to maintain scenic quality, prevent tree
mortality, reduce hazards to visitors, or protect private lands.
(j) Water.--The scenic area shall be administered so as to maintain
or enhance existing water quality.
(k) Mining Withdrawal.--Subject to valid existing rights, all
federally owned lands in the scenic area are hereby withdrawn from
location, entry, and patent under the mining laws of the United States
and from leasing claims under the mineral and geothermal leasing laws
of the United States, including amendments to such laws. | Mountaintown National Scenic Area Act of 2007 - Establishes the Mountaintown National Scenic Area in the Chattahoochee National Forest in Georgia. Requires the Secretary of Agriculture to develop a management plan for the Scenic Area as an amendment to the land and resource management plan for the Forest. | {"src": "billsum_train", "title": "To establish the Mountaintown National Scenic Area in the Chattahoochee National Forest, Georgia."} | 1,058 | 73 | 0.578562 | 1.493158 | 0.941983 | 5.56 | 18.2 | 0.96 |
SECTION 1. INCREASE IN CONTRIBUTION LIMITS AND AMOUNTS AT WHICH PHASE
OUT OF DEDUCTION BEGINS FOR INDIVIDUAL RETIREMENT ACCOUNT
CONTRIBUTIONS.
(a) Increase in Maximum Amount of Contribution to Individual
Retirement Accounts.--
(1) In general.--Subparagraph (A) of section 219(b)(1) of
the Internal Revenue Code of 1986 (relating to maximum amount
of deduction) is amended by striking ``$2,000'' and inserting
``the applicable amount''.
(2) Applicable amount.--Subsection (b) of section 219 of
such Code is amended by adding at the end the following new
paragraph:
``(5) Applicable amount.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable amount' means--
``(i) for any taxable year beginning in
1999, $2,500,
``(ii) for any taxable year beginning after
1999 and before 2008, the applicable amount
determined under this paragraph for the
preceding taxable year, increased by $500, and
``(iii) for any taxable year beginning
after 2007, $7,000.
``(B) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2008,
the $7,000 amount contained in subparagraph (A)(iii)
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 2007' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10, such amount shall be rounded
to the nearest multiple of $10.''
(b) Increase of Amounts at Which Phase-out of Deduction for IRA
Contributions Begins.--
(1) In general.--Clauses (i) and (ii) of section
219(g)(3)(B) of such Code (relating to limitation on deduction
for active participants in certain pension plans) are amended
to read as follows:
``(i) In the case of a taxpayer filing a
joint return--
``(I) for taxable years beginning
in 1999, $60,000,
``(II) for taxable years beginning
after 1999 and before 2004, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $10,000, and
``(III) for taxable years beginning
after 2003, $110,000.
``(ii) In the case of any other taxpayer
(other than a married individual filing a
separate return)--
``(I) for taxable years beginning
in 1999, $40,000,
``(II) for taxable years beginning
after 1999 and before 2004, the
applicable dollar amount determined
under this subclause for the preceding
taxable year, increased by $5,000, and
``(III) for taxable years beginning
after 2003, $60,000.''
(2) Inflation adjustment.--Paragraph (3) of section 219(g)
of such Code is amended by adding at the end the following new
subparagraph:
``(C) Inflation adjustment.--In the case of a
taxable year beginning in a calendar year after 2004,
the $110,000 amount contained in subparagraph
(B)(i)(III) and the $60,000 amount contained in
subparagraph (B)(ii)(III) shall each 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 2003' for `calendar
year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $100, such amount shall be rounded
to the nearest multiple of $100.''
(c) Conforming Amendments.--
(1) Paragraph (1) of section 408(a) of such Code is amended
by striking ``$2,000'' and inserting ``the applicable amount
(as in effect under section 219(b) for such taxable year)''.
(2) Subparagraph (B) of section 408(b)(2) of such Code is
amended by striking ``$2,000'' and inserting ``the applicable
amount in effect under section 219(b) for the taxable year of
such individual''.
(3) Subsection (b) of section 408 of such Code is amended
in the last sentence by striking `$2,000'' and inserting ``the
applicable amount in effect under section 219(b) for such
taxable year''.
(4) Subparagraph (A) of section 408(d)(5) of such Code is
amended by striking ``dollar amount'' and inserting
``applicable amount''.
(5) Subsection (j) of section 408 of such Code is amended
by striking ``$2,000'' and inserting ``applicable''.
(6) Paragraph (8) of section 408(p) of such Code is amended
by striking ``$2,000'' and inserting ``the dollar limitation in
effect under section 219(b)(1)(A)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 2. PENALTY-FREE DISTRIBUTIONS.
(a) Penalty-Free Distributions for First Homes and Higher Education
Extended to Certain Plans.--
(1) Subparagraphs (E) and (F) of section 72(t)(2) of the
Internal Revenue Code of 1986 are each amended by inserting ``,
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),'' after
``individual retirement plan''.
(2) The heading of subparagraph (E) of section 72(t)(2) of
such Code is amended by striking ``individual retirement
plans'' and inserting ``certain''.
(b) Penalty-Free Distributions for Certain Unemployed Individuals
Not Limited to Health Insurance Costs and Allowed From 401(k) Plans,
Etc.--Subparagraph (D) of section 72(t)(2) of such Code is amended--
(1) in clause (i), by inserting ``, 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),'' after
``individual retirement plan'',
(2) in clause (i), by inserting ``and'' at the end of
subclause (I), by striking ``, and'' at the end of subclause
(II) and inserting a period, and by striking subclause (III),
and
(3) by striking ``for health insurance premiums'' in the
subparagraph heading.
(c) Unlimited Penalty-Free Distributions for Medical Care and
Expanded Definition of Dependents for Purposes of Such Distributions.--
Subparagraph (B) of section 72(t)(2) of such Code is amended by
striking ``medical care'' and all that follows and inserting ``medical
care, determined--
``(i) without regard to whether the
employee itemizes deductions for such taxable
year, and
``(ii) in the case of a distribution 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)--
``(I) without regard to whether or
not such expenses exceed 7.5 percent of
adjusted gross income, and
``(II) by treating an individual's
dependents as including all children
and grandchildren of the individual (or
of such individual's spouse), and all
ancestors of the individual (or of such
individual's spouse).''
(d) Effective Date.--The amendments made by this section shall
apply to payments and distributions in taxable years beginning after
December 31, 1998. | Amends the Internal Revenue Code to increase the: (1) maximum deduction for individual retirement account contributions; and (2) income amount at which phase-out of that deduction begins. Exempts certain retirement account distributions (first homes, higher education expenses, unemployment, and medical) from the early distribution penalty. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the maximum amount of contributions to individual retirement accounts and the amounts of adjusted gross income at which the IRA deduction phases out for active participants in pension plans, and to allow penalty-free distributions from individual retirement accounts and 401(k) plans for certain purposes."} | 1,945 | 62 | 0.474409 | 1.061394 | 0.20237 | 2.016129 | 26.435484 | 0.887097 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accounting for Methane in Production
through Loophole Elimination with Oil and Gas Royalties'' or the
``AMPLE Oil and Gas Royalties Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Some of the mineral resources owned by the Federal
Government on behalf of United States taxpayers are being
developed inefficiently, costing taxpayers millions of dollars
in lost royalties, especially with respect to vented, flared,
and leaked natural gas. The Government Accountability Office
estimates that approximately 40 percent of natural gas could be
economically captured from Federal onshore leases, which would
increase Federal royalty payments by approximately $23,000,000
and reduce greenhouse gas emissions equivalent to up to 16.5
million metric tons of carbon dioxide, which is equivalent to
annual emissions from 3.1 million cars.
(2) Significant emissions of natural gas are associated
with oil and gas production and transportation, including oil
and gas produced on Federal lands. According to a University of
Maryland study, these emissions can negatively impact air
quality hundreds of miles away.
(3) Methane has a much greater impact on climate change
than carbon dioxide, and the methane emissions from oil and gas
production can greatly diminish the benefit of using natural
gas to help reduce the carbon intensity of the United States
fuel mix.
(4) Available control technologies exist to economically
capture a considerable amount of natural gas and resulting in
taxpayers being delivered the royalties they deserve.
(5) Requiring royalty payments on natural gas that is
currently flared, vented, unavoidably lost, and used for
beneficial purposes will lead to more efficient use of Federal
resources, reduce greenhouse gas emissions, and increase
royalty payments to the Federal Government.
SEC. 3. VOLUME ALLOCATION OF OIL AND GAS PRODUCTION.
(a) In General.--Section 111(k) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1721(k)) is amended to read as
follows:
``(k) Volume Allocation of Oil and Gas Production.--
``(1) In general.--Except as otherwise provided by this
subsection--
``(A) a lessee or its designee of a lease in a unit
or communitization agreement that contains only Federal
leases with the same royalty rate and funds
distribution shall report and pay royalties on oil and
gas production for each production month based on the
actual volume of oil and gas withdrawn from the
reservoir by or on behalf of that lessee, including all
oil and gas not sold by or on behalf of that lessee;
``(B) a lessee or its designee of a lease in any
other unit or communitization agreement shall report
and pay royalties on oil and gas production for each
production month based on the volume of oil and gas
produced from such agreement and allocated to the lease
in accordance with the terms of the agreement; and
``(C) a lessee or its designee of a lease that is
not contained in a unit or communitization agreement
shall report and pay royalties on oil and gas
production for each production month based on the
actual volume of oil and gas withdrawn from the
reservoir by or on behalf of that lessee, including all
oil and gas not sold by or on behalf of that lessee.
``(2) Definition.--In this subsection the term `oil and gas
withdrawn from the reservoir' means any oil and gas that is
produced, sold, vented, flared, used for beneficial purposes,
leaked, or otherwise emitted during production.''.
(b) Conforming Amendments.--The Mineral Leasing Act is amended--
(1) in section 17(b)(1)(A) (30 U.S.C. 226(b)(1)(A)), by
striking ``the production removed or sold from the lease'' and
inserting ``oil and gas withdrawn from the reservoir in
accordance with section 111(k) of the Federal Oil and Gas
Royalty Management Act of 1982'';
(2) in section 17(c)(1) (30 U.S.C. 226(c)(1)), by striking
``the production removed or sold from the lease'' and inserting
``oil and gas withdrawn from the reservoir in accordance with
section 111(k) of the Federal Oil and Gas Royalty Management
Act of 1982'';
(3) in section 31(e)(3) (30 U.S.C. 188(e)(3))--
(A) in subparagraph (A), by striking ``production
per well per day'' and inserting ``oil and gas
withdrawn from the reservoir per well per day in
accordance with section 111(k) of the Federal Oil and
Gas Royalty Management Act of 1982''; and
(B) in subparagraph (B), by striking ``all
production removed or sold from such lease'' and
inserting ``all oil and gas withdrawn from the
reservoir in accordance with section 111(k) of the
Federal Oil and Gas Royalty Management Act of 1982'';
and
(4) in section 31(f)(4) (30 U.S.C. 188(f)(4)), by striking
``production removed or sold from the oil placer mining claim''
and inserting ``oil and gas withdrawn from the reservoir in
accordance with section 111(k) of the Federal Oil and Gas
Royalty Management Act of 1982''.
(c) Application.--This section, including the amendments made by
this section, shall not apply with respect to any lease issued before
the date of the enactment of this Act. | Accounting for Methane in Production through Loophole Elimination with Oil and Gas Royalties or the AMPLE Oil and Gas Royalties Act This bill amends the Federal Oil and Gas Royalty Management Act of 1982 to require, with respect to federal oil and gas leases, a lessee or its designee of a lease in a unit or communitization agreement that contains only federal leases with the same royalty rate and funds distribution, or a lessee or its designee of a lease that is not contained in a unit or communitization agreement, to report and pay royalties on oil and gas production each month based on the actual volume of oil and gas withdrawn from the reservoir by or on behalf of that lessee, including all oil and gas not sold by or on behalf of that lessee. (Currently, such lessees pay royalties on oil and gas production based on only the actual volume of production sold by or on behalf of that lessee.) "Oil and gas withdrawn from the reservoir" is defined as any oil and gas that is produced, sold, vented, flared, used for beneficial purposes, leaked, or otherwise emitted during production. | {"src": "billsum_train", "title": "AMPLE Oil and Gas Royalties Act"} | 1,244 | 262 | 0.608681 | 2.087733 | 0.917633 | 7.193396 | 5.150943 | 0.957547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Estuarine Reserve System
Act of 2003''.
SEC. 2. ESTABLISHMENT OF NATIONAL ESTUARINE RESERVE SYSTEM.
(a) Policy.--Section 303 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1452) is amended--
(1) in paragraph (5) by striking ``and'' after the
semicolon;
(2) in paragraph (6) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) to use the National Estuarine Reserve System
established under section 315 to improve the understanding,
stewardship, and management of coastal and estuarine resources,
including the development, application, and transfer to local,
State, and Federal resources managers of innovative coastal and
estuarine resources management technologies and techniques.''.
(b) Definition of Resource Stewardship.--Section 304 of such Act
(16 U.S.C. 1453) is amended by adding at the end the following:
``(19) The term `resource stewardship' means the implementation of
management, research, and public education and outreach methods and
techniques to ensure the long-term conservation of fish, wildlife, and
plant resources and the maintenance of biological integrity, diversity,
and environmental health of coastal and estuarine resources.''.
(c) National Estuarine Reserve System.--Section 315 of such Act (16
U.S.C. 1461) is amended to read as follows:
``national estuarine reserve system
``Sec. 315. (a) Establishment of the System.--
``(1) In general.--There is established the National
Estuarine Reserve System. The System shall consist of--
``(A) each component of the National Estuarine
Research Reserve System established by this section, as
in effect immediately before the enactment of the
National Estuarine Reserve System Act of 2003; and
``(B) each national estuarine reserve designated
under this section.
``(2) Purpose.--The purpose of the System and of each
reserve is to improve the understanding, stewardship, and
management of coastal and estuarine resources.
``(3) Designation of existing sanctuaries as reserves.--
Each component of the National Estuarine Research Reserve
System referred to in paragraph (1)(A) is hereby designated as
a national estuarine reserve.
``(b) Designation of National Estuarine Reserves.--The Secretary
may designate an area as a national estuarine reserve if--
``(1) the area--
``(A) includes any part or all of an estuary and
any island, transitional area, and upland in,
adjoining, or adjacent to the estuary; and
``(B) constitutes to the extent feasible a natural
unit;
``(2) the Government of the coastal State in which the area
is located nominates the area for that designation; and
``(3) the Secretary finds that--
``(A) the area is a representative estuarine
ecosystem that is suitable for long-term research and
contributes to the biogeographical and typological
balance of the System;
``(B) the law of the coastal State provides long-
term protection for reserve resources to ensure a
stable environment for research, education, and
resource stewardship; and
``(C) designation of the area as a reserve will
serve to enhance public awareness and understanding of
coastal and estuarine resources, and provide suitable
opportunities for education, interpretation, training,
and demonstration projects to improve management of
coastal and estuarine resources.
``(c) Coastal and Estuarine Research, Education, and Resource
Stewardship Guidelines.--
``(1) In general.--The Secretary shall develop guidelines
for the conduct of research, education, and resource
stewardship within the System that shall include--
``(A) a mechanism for identifying, and establishing
priorities among, the coastal and estuarine management
issues that should be addressed through coordinated
research, education, and resource stewardship within
the System;
``(B) the establishment of common principles and
objectives to guide the development of research,
education, and resource stewardship programs within the
System;
``(C) the identification of uniform research
methodologies which will ensure comparability of data,
the broadest application of research results, and the
maximum use of the System for research purposes;
``(D) the establishment of performance standards
upon which the effectiveness of the research,
education, and resource stewardship efforts and the
value of reserves within the System in addressing the
coastal and estuarine management issues identified in
subparagraph (A) may be measured; and
``(E) the consideration of sources of funds for
coastal and estuarine research, education, and resource
stewardship in addition to the funds authorized under
this title, and strategies for encouraging the use of
such funds within the System, with particular emphasis
on mechanisms established under subsection (d).
``(2) Consultation.--In developing the guidelines under
this section, the Secretary shall consult with State
representatives and prominent members of the coastal and
estuarine research, education, and resource stewardship
community.
``(d) Promotion and Coordination of Coastal and Estuarine Research,
Education, and Resource Stewardship.--
``(1) In general.--The Secretary shall take such actions as
are necessary to promote and coordinate the use of the System
for coastal and estuarine research, education, and resource
stewardship purposes.
``(2) Required actions.--Actions under this subsection
shall include the following:
``(A) Requiring that research, education, and
resource stewardship activities administered or
supported by the Secretary and relating to coastal and
estuarine resources give priority consideration to
activities that use the System.
``(B) Consulting with other Federal and State
agencies to promote use of one or more reserves within
the System by such agencies when conducting coastal and
estuarine research, education, and resource stewardship
activities.
``(C) Establishing partnerships with other Federal
and State coastal and estuarine management programs to
coordinate and collaborate on coastal and estuarine
research, education, and resource stewardship.
``(e) Financial Assistance.--
``(1) In general.--The Secretary may, in accordance with
such rules and regulations as the Secretary shall promulgate,
make grants--
``(A) to a coastal State--
``(i) for purposes of acquiring such lands
and waters, and any property interests therein,
as are necessary to ensure the appropriate
long-term management of an area as a reserve
and constructing appropriate reserve
facilities;
``(ii) for purposes of operating or
managing a reserve; or
``(iii) for purposes of conducting resource
stewardship, educational, or interpretive
activities at a reserve; and
``(B) to any coastal State or public or private
person for purposes of--
``(i) supporting research and monitoring
within a reserve that are consistent with the
research guidelines developed under subsection
(c); or
``(ii) conducting educational,
interpretive, or training activities for a
reserve that are consistent with the education
guidelines developed under subsection (c).
``(2) Terms and conditions.--Financial assistance provided
under paragraph (1) shall be subject to such terms and
conditions as the Secretary considers necessary or appropriate
to protect the interests of the United States, including
requiring coastal States to execute suitable title documents
setting forth the property interest or interests of the United
States in any lands and waters acquired in whole or part with
such financial assistance.
``(3) Amount of assistance.--(A) The amount of the
financial assistance provided under paragraph (1)(A)(i) with
respect to the acquisition of lands and waters, or interests
therein, for any one national estuarine reserve may not exceed
an amount equal to 50 percent of the costs of the lands,
waters, and interests therein.
``(B)(i) Except as provided in clause (ii), the amount of
the financial assistance provided under paragraph (1)(A)(ii)
and paragraph (1)(B) may not exceed 70 percent of the costs
incurred to achieve the purposes described in those paragraphs
with respect to a reserve.
``(ii) The amount of financial assistance provided for
education and interpretive activities under paragraph
(1)(A)(iii) or research and monitoring activities under
paragraph (1)(B) may be up to 100 percent of any costs for
activities that service the System as a whole, including
System-wide monitoring equipment acquisition, data management,
and data synthesis; administration and synthesis of System-wide
research programs; and graduate research fellowship programs.
``(C) Notwithstanding subparagraphs (A) and (B), financial
assistance under this subsection provided from amounts
recovered as a result of damage to natural resources located in
the coastal zone may be used to pay 100 percent of the costs of
activities carried out with the assistance.
``(4) Donations.--(A) The Secretary may--
``(i) enter into cooperative agreements or
contracts with any nonprofit organization established
to benefit a reserve, authorizing the organization to
solicit donations to carry out projects, other than
general administration of the reserve or the System,
that are consistent with the purpose of the reserve and
the System; and
``(ii) accept donations of funds and services for
use in carrying out projects, other than general
administration of a reserve or the System, that are
consistent with the purpose of the reserve and the
System.
``(B) Donations accepted under this paragraph shall be
considered as a gift or bequest to or for the use of the United
States for carrying out this section.
``(f) Evaluation of System Performance.--
``(1) In general.--The Secretary shall periodically
evaluate the operation and management of each reserve,
including coordination with State programs established under
section 306, education and interpretive activities, and the
research being conducted within the reserve.
``(2) Suspension of financial assistance.--If evaluation
under paragraph (1) reveals that the operation and management
of the reserve is deficient, or that the research, education,
or resource stewardship being conducted within the reserve is
not consistent with the guidelines developed under subsection
(c), the Secretary may suspend the eligibility of that reserve
for financial assistance under subsection (e) until the
deficiency or inconsistency is remedied.
``(3) Withdrawal of designation.--The Secretary may
withdraw the designation of an estuarine area as a reserve if
evaluation under paragraph (1) reveals that--
``(A) the basis for any one or more of the findings
made under subsection (b)(3) regarding that area no
longer exists;
``(B) a substantial portion of the research,
education, or resource stewardship conducted within the
area, over a period of years, has not been consistent
with the guidelines developed under subsection (c); or
``(C) the coastal State in which the area is
located has not complied with the requirements of any
guidelines developed under subsection (c).
``(g) Report.--Every 2 years the Secretary shall report to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
information regarding--
``(1) the designation of new reserves;
``(2) the expansion of existing reserves;
``(3) the status of the research, education, and resource
stewardship program being conducted within the System; and
``(4) a summary of the evaluations made under subsection
(f).
``(h) Definitions.--In this section:
``(1) Reserve.--The term `reserve' means a component of the
National Estuarine Reserve designated under subsection (a)(3)
or (b).
``(2) System.--The term `System' means the National
Estuarine Reserve System established by this section.''.
(d) Authorization of Appropriations.--Section 318 of such Act (16
U.S.C. 1464) is amended--
(1) in subsection (a) by striking paragraph (2) and
inserting the following:
``(2) for grants under section 315--
``(A) $35,000,000 for fiscal year 2004;
``(B) $36,000,000 for fiscal year 2005;
``(C) $37,000,000 for fiscal year 2006;
``(D) $38,000,000 for fiscal year 2007; and
``(E) $39,000,000 for fiscal year 2008''; and
(2) by adding at the end thereof the following:
``(d) Limitation on Grants for Acquisition and Construction for
Reserves.--The Secretary shall ensure that of the funds provided under
paragraph (2) of subsection (a), no more than $15,000,000 is used for
assistance under section 315(e)(1)(A)(i).''. | National Estuarine Reserve System Act of 2003 - Amends the Coastal Zone Management Act of 1972 to rename the National Estuarine Research Reserve System the National Estuarine Reserve System, and designates existing sanctuaries as part of the System.Authorizes the Secretary of Commerce to designate additional areas as part of the System and specifies requirements for such.Authorizes the Secretary to: (1) contract with an organization to solicit donations to carry out projects; and (2) accept such donations of funds and services. | {"src": "billsum_train", "title": "To amend the Coastal Zone Management Act of 1972 to establish the National Estuarine Reserve System, and for other purposes."} | 2,867 | 116 | 0.549501 | 1.466361 | 0.460079 | 3.293478 | 28.782609 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post Terrorism Mental Health
Improvement Act''.
SEC. 2. PLANNING AND TRAINING GRANTS.
Section 520A of the Public Health Service Act (42 U.S.C. 290bb-32)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the
semicolon the following: ``, including the training of
mental health professionals with respect to evidence-
based practices in the treatment of individuals who are
victims of a disaster'';
(B) in paragraph (3), by striking ``and'' at the
end;
(C) in paragraph (4), by striking the period and
inserting a semicolon; and
(D) by inserting after paragraph (4), the
following:
``(5) the development of coordinated response plans for
responding to the mental health needs (including the response
efforts of private organizations) that arise from a disaster,
including the development and expansion of the 2-1-1 or other
universal hotline as appropriate; and
``(6) the establishment of a mental health disaster
response clearinghouse.'';
(2) by redesignating subsection (f) as subsection (h); and
(3) by inserting after subsection (e) the following:
``(f) State Comments.--With respect to a State or local public
entity that submits an application for assistance under this section
and that intends to use such assistance as provided for in subsection
(a)(5), such entity shall provide notice of such application to the
chief executive officer of the State, the State mental health
department, and the State office responsible for emergency preparedness
who shall consult with providers and organizations serving public
safety officials and others involved in responding to the crisis, and
provide such officer, department and office with the opportunity to
comment on such application.
``(g) Definition.--For purposes of subsection (a)(2), the term
`mental health professional' includes psychiatrists, psychologists,
clinical psychiatric nurse specialists, mental health counselors,
marriage and family therapists, clinical social workers, pastoral
counselors, school psychologists, licensed professional counselors,
school guidance counselors, and any other individual practicing in a
mental health profession that is licensed or regulated by a State
agency.''.
SEC. 3. GRANTS TO DIRECTLY AFFECTED AREAS TO ADDRESS LONG-TERM NEEDS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall award grants
to eligible State and local governments and other public entities to
enable such entities to respond to the long-term mental health needs
arising from the terrorist attacks of September 11, 2001.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
(1) be a State or local government or other public entity
that is located in an area that is directly affected (as
determined by the Secretary) by the terrorist attacks of
September 11, 2001; and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(c) Use of Funds.--A grantee shall use amounts received under a
grant under subsection (a)--
(1) to carry out activities to locate individuals who may
be affected by the terrorist attacks of September 11, 2001 and
in need of mental health services;
(2) to provide treatment for those individuals identified
under paragraph (1) who are suffering from a serious
psychiatric illness as a result of such terrorist attack,
including paying the costs of necessary medications; and
(3) to carry out other activities determined appropriate by
the Secretary.
(d) Supplement not Supplant.--Amounts expended for treatments under
subsection (c)(2) shall be used to supplement and not supplant amounts
otherwise made available for such treatments (including medications)
under any other Federal, State, or local program or under any health
insurance coverage.
(e) Use of Private Entities and Existing Providers.--To the extent
appropriate, a grantee under subsection (a) shall--
(1) enter into contracts with private, nonprofit entities
to carry out activities under the grant; and
(2) to the extent feasible, utilize providers that are
already serving the affected population, including providers
used by public safety officials.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary in
each of fiscal years 2002 through 2005.
SEC. 4. RESEARCH.
Part A of title II of the Public Health Service Act (42 U.S.C. 202
et seq.) is amended by adding at the end the following:
``SEC. 229. RESEARCH.
``Notwithstanding any other provision of law, the Secretary may
waive any restriction on the amount of supplemental funding that may be
provided to any disaster-related scientific research project that is
funded by the Secretary.''.
SEC. 5. CHILDREN WHO EXPERIENCE VIOLENCE-RELATED STRESS.
(a) In General.--Section 582(f) of the Public Health Service Act
(42 U.S.C. 290hh-1(f)) is amended by striking ``2002 and 2003'' and
inserting ``2002 through 2005''.
(b) Sense of Congress.--It is the sense of Congress that the
program established under section 582 of the Public Health Service Act
(42 U.S.C. 290hh-1) should be fully funded.
Passed the Senate December 12, 2001.
Attest:
JERI THOMSON,
Secretary. | Post Terrorism Mental Health Improvement Act - Amends the Public Health Service Act to include training and response plans for mental health needs arising out of a disaster within existing mental health services demonstration projects.(Sec. 3) Requires the Secretary of Health and Human Services to award grants to public entities in areas directly affected by the September 11, 2001, terrorist attacks to address long-term mental health needs. Permits grantees to enter into contracts with private, nonprofit entities and utilize existing providers. Requires such grants to support outreach and supplemental treatment activities.(Sec. 4) Permits the Secretary to waive otherwise applicable restrictions on supplemental funding for disaster-related scientific research projects.(Sec. 5) Extends through FY 2005 the program assisting local communities in assisting children to deal with violence. | {"src": "billsum_train", "title": "An original bill to provide assistance with respect to the mental health needs of individuals affected by the terrorist attacks of September 11, 2001."} | 1,252 | 184 | 0.515897 | 1.438632 | 0.76695 | 2.375887 | 8.113475 | 0.843972 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act Amendments of 1997''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restriction on waiver authority.
Sec. 3. Organizational capacity; assistance to families that are not
low-income.
Sec. 4. Elimination of waiver authority for small tribes.
Sec. 5. Expanded authority to review Indian housing plans.
Sec. 6. Oversight.
Sec. 7. Allocation formula.
Sec. 8. Hearing requirement.
Sec. 9. Performance agreement time limit.
Sec. 10. Block grants and guarantees not Federal subsidies for low-
income housing credit.
Sec. 11. Technical and conforming amendments.
SEC 2. RESTRICTION ON WAIVER AUTHORITY.
Section 101(b)(2) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is amended by
striking ``if the Secretary'' and all that follows before the period at
the end and inserting the following: ``for a period of not more than 90
days, if the Secretary determines that an Indian tribe has not complied
with, or is unable to comply with, those requirements due to extreme
circumstances beyond the control of the Indian tribe''.
SEC. 3. ORGANIZATIONAL CAPACITY; ASSISTANCE TO FAMILIES THAT ARE NOT
LOW-INCOME.
(a) Organizational Capacity.--Section 102(c)(4) of the Native
American Housing Assistance and Self-Determination Act (25 U.S.C.
4112(c)(4)) is amended--
(1) by redesignating subparagraphs (A) through (K) as
subparagraphs (B) through (L), respectively; and
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1) of this subsection, the following:
``(A) a description of the entity that is responsible for
carrying out the activities under the plan, including a
description of--
``(i) the relevant personnel of the entity; and
``(ii) the organizational capacity of the entity,
including--
``(I) the management structure of the
entity; and
``(II) the financial control mechanisms of
the entity;''.
(b) Assistance to Families That Are Not Low-Income.--Section 102(c)
of the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4112) is amended by adding at the end the following:
``(6) Certain families.--With respect to assistance
provided by a recipient to Indian families that are not low-
income families under section 201(b)(2), evidence that there is
a need for housing for each such family during that period that
cannot reasonably be met without such assistance.''.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES.
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
SEC. 5. EXPANDED AUTHORITY TO REVIEW INDIAN HOUSING PLANS.
Section 103(a)(1) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4113(a)(1)) is amended--
(1) in the first sentence, by striking ``limited''; and
(2) by striking the second sentence.
SEC. 6. OVERSIGHT.
(a) Repayment.--Section 209 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is
amended to read as follows:
``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
``If a recipient uses grant amounts to provide affordable housing
under this title, and at any time during the useful life of the housing
the recipient does not comply with the requirement under section
205(a)(2), the Secretary shall take appropriate action under section
401(a).''.
(b) Audits and Reviews.--Section 405 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 1465) is
amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United States
Code.--
``(1) In general.--An entity designated by an Indian tribe
as a housing entity shall be treated, for purposes of chapter
75 of title 31, United States Code, as a non-Federal entity
that is subject to the audit requirements that apply to non-
Federal entities under that chapter.
``(2) Payment of costs.--
``(A) In general.--The Secretary may arrange for,
and pay the cost of, any audit required under paragraph
(1).
``(B) Withholding of amounts.--If the Secretary
pays for the cost of an audit under subparagraph (A),
the Secretary may withhold, from the assistance
otherwise payable under this Act, an amount sufficient
to pay for the reasonable costs of conducting an audit
that meets the applicable requirements of chapter 75 of
title 31, United States Code, including, if appropriate, the reasonable
costs of accounting services necessary to ensure that the books and
records of the entity referred to in paragraph (1) are in such
condition as is necessary to carry out the audit.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit under
subsection (a)(1), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit of
a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a
timely manner; and
``(II) eligible activities and
certification in accordance with this
Act and other applicable law;
``(ii) has a continuing capacity to carry
out eligible activities in a timely manner; and
``(iii) is in compliance with the Indian
housing plan of the recipient; and
``(B) verify the accuracy of information contained
in any performance report submitted by the recipient
under section 404.
``(2) Onsite visits.--To the extent practicable, the
reviews and audits conducted under this subsection shall
include onsite visits by the appropriate official of the
Department of Housing and Human Development.
``(c) Review of Reports.--
``(1) In general.--The Secretary shall provide each
recipient that is the subject of a report made by the Secretary
under this section notice that the recipient may review and
comment on the report during a period of not less than 30 days
after the date on which notice is issued under this paragraph.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(B) not later than 30 days after the date on
which those comments are received, shall make the
comments and the report (with any revisions made under
subparagraph (A)) readily available to the public.
``(d) Effect of Reviews.--Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that are
submitted to the Secretary under this section, the Secretary may adjust
the amount of a grant made to a recipient under this Act in accordance
with the findings of the Secretary with respect to those reports and
audits.''.
SEC. 7. ALLOCATION FORMULA.
Section 302(d)(1) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is amended--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian
tribe described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to
fiscal year 1998 and each fiscal year thereafter, with
respect to any Indian tribe having an Indian housing
authority that owns or operates fewer than 250 public
housing units, the formula under subparagraph (A) shall
provide that the amount provided for a fiscal year in
which the total amount made available for assistance
under this Act is equal to or greater than the amount
made available for fiscal year 1996 for assistance for
the operation and modernization of the public housing
referred to in subparagraph (A), the amount provided to
that Indian tribe as modernization assistance shall be
equal to the average annual amount of funds provided to
the Indian tribe (other than funds provided as
emergency assistance) under the assistance program
under section 14 of the United States Housing Act of
1937 (42 U.S.C. 1437l) for the period beginning with
fiscal year 1992 and ending with fiscal year 1997.''.
SEC. 8. HEARING REQUIREMENT.
Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting each
such subparagraph 2 ems to the right;
(2) by striking ``Except as provided'' and inserting the
following:
``(1) In general.--Except as provided'';
(3) by striking ``If the Secretary takes an action under
paragraph (1), (2), or (3)'' and inserting the following:
``(2) Continuance of actions.--If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)'';
and
(4) by adding at the end the following:
``(3) Exception for certain actions.--
``(A) In general.--Notwithstanding any other
provision of this subsection, if the Secretary makes a
determination that the failure of a recipient of
assistance under this Act to comply substantially with
any material provision (as that term is defined by the
Secretary) of this Act is resulting, and would continue
to result, in a continuing expenditure of Federal funds
in a manner that is not authorized by law, the
Secretary may take an action described in paragraph
(1)(C) before conducting a hearing.
``(B) Procedural requirement.--If the Secretary
takes an action described in subparagraph (A), the
Secretary shall--
``(i) provide notice to the recipient at
the time that the Secretary takes that action;
and
``(ii) conduct a hearing not later than 60
days after the date on which the Secretary
provides notice under clause (i).
``(C) Determination.--Upon completion of a hearing
under this paragraph, the Secretary shall make a
determination regarding whether to continue taking the
action that is the subject of the hearing, or take
another action under this subsection.''.
SEC. 9. PERFORMANCE AGREEMENT TIME LIMIT.
Section 401(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(b)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result:
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this section--
(A) by adjusting the margin 2 ems to the right; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a
performance agreement with the Secretary that specifies
the compliance objectives that the recipient will be
required to achieve by the termination date of the
performance agreement''; and
(5) by adding at the end the following:
``(2) Performance agreement.--The period of a performance
agreement described in paragraph (1) shall be for 1 year.
``(3) Review.--Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary shall
review the performance of the recipient that is a party to the
agreement.
``(4) Effect of review.--If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient--
``(A) has made a good faith effort to meet the
compliance objectives specified in the agreement, the
Secretary may enter into an additional performance
agreement for the period specified in paragraph (2);
and
``(B) has failed to make a good faith effort to
meet applicable compliance objectives, the Secretary
shall determine the recipient to have failed to comply
substantially with this Act, and the recipient shall be
subject to an action under subsection (a).''.
SEC. 10. BLOCK GRANTS AND GUARANTEES NOT FEDERAL SUBSIDIES FOR LOW-
INCOME HOUSING CREDIT.
(a) In General.--Subparagraph (E) of section 42(i)(2) of the
Internal Revenue Code of 1986 (relating to determination of whether
building is federally subsidized) is amended to read as follows:
``(E) Buildings receiving home assistance or native
american housing assistance.--
``(i) In general.--
``(I) Inapplicability.--Assistance
provided under the HOME Investment
Partnerships Act or the Native American
Housing Assistance and Self-
Determination Act of 1996 as in effect
on the day before the date of enactment
of the Native American Housing
Assistance and Self-Determination Act
Amendments of 1997 with respect to any
building shall not be taken into
account under subparagraph (D) if 40
percent or more of the residential
units in the building are occupied by
individuals whose income is 50 percent
or less of the area median gross
income.
``(II) Applicability of other
law.--Subsection (d)(5)(C) does not
apply to any building to which
subclause (I) applies.
``(ii) Special rule for certain high-cost
housing areas.--In the case of a building
located in a city described in section
142(d)(6), clause (i) shall be applied by
substituting `25 percent' for `40 percent'.''.
(b) Applicability.--The amendment made by this section shall apply
to determinations made under section 42(i)(2) of the Internal Revenue
Code after the date of enactment of this Act.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--Section 1(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is
amended in the table of contents--
(1) by striking the item relating to section 206; and
(2) by striking the item relating to section 209 and
inserting the following:
``209. Noncompliance with affordable housing requirement.''.
(b) Authorization of Appropriations.--Section 108 of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4117) is amended to read as follows:
``SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each of fiscal years
1998 through 2001--
``(1) to provide assistance under this title for
emergencies and disasters, as determined by the Secretary,
$10,000,000; and
``(2) such sums as may be necessary to otherwise provide
grants under this title.''.
(c) Certification of Compliance With Subsidy Layering
Requirements.--Section 206 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed.
(d) Terminations.--Section 502(a) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is
amended by adding at the end the following: ``Any housing that is the
subject of a contract for tenant-based assistance between the Secretary
and an Indian housing authority that is terminated under this section
shall, for the following fiscal year and each fiscal year thereafter be
considered to be a dwelling unit under section 302(b)(1).''. | Native American Housing Assistance and Self-Determination Act Amendments of 1997 - Makes amendments to the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), including: (1) setting forth a requirement for assistance to Indian families that are not low-income; (2) eliminating separate Indian housing plan requirements for small Indian tribes; (3) expanding the authority of the Secretary of Housing and Urban Development to review Indian housing plans; (4) revising provisions regarding review and audit by the Secretary; (5) prescribing an allocation formula with respect to certain Indian tribes; (6) excepting from the hearing requirement certain actions by the Secretary affecting grant amounts if the Secretary makes a determination that the failure of a recipient of assistance to comply substantially with any material provision of the Act is resulting, and would continue to result, in a continuing unauthorized expenditure of Federal funds; and (7) revising requirements regarding noncompliance by recipients because of technical incapacity to permit the provision of technical assistance if the recipient enters into a performance agreement with the Secretary (limits the period of such an agreement to one year).
(Sec. 10) Amends the Internal Revenue Code to treat block grants and guarantees provided under the HOME Investment Partnerships Act or NAHASDA not as Federal subsidies, under specified circumstances, for the purposes of determining eligibility for the low-income housing credit.
(Sec. 11) Amends NAHASDA to repeal the requirement regarding the certification of compliance with subsidy layering requirements with respect to housing assisted with grant amounts provided under the Act. | {"src": "billsum_train", "title": "Native American Housing Assistance and Self-Determination Act Amendments of 1997"} | 3,785 | 341 | 0.632041 | 2.028427 | 0.846082 | 3.193333 | 11.253333 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Beneficiary Freedom To
Contract Act of 1997''.
SEC. 2. USE OF PRIVATE CONTRACTS BY MEDICARE BENEFICIARIES FOR
PROFESSIONAL SERVICES.
(a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended by striking subsection (b), as added by section
4507(a) of the Balanced Budget Act of 1997 (Public Law 105-33), and
inserting the following:
``(b) Clarification of Use of Private Contracts by Medicare
Beneficiaries for Professional Services.--
``(1) In general.--Nothing in this title shall prohibit a
medicare beneficiary from entering into a private contract with
a physician or health care practitioner for the provision of
medicare covered professional services (as defined in paragraph
(5)(C)) if--
``(A) the services are covered under a private
contract that is between the beneficiary and the
physician or practitioner and meets the requirements of
paragraph (2);
``(B) under the private contract no claim for
payment for services covered under the contract is to
be submitted (and no payment made) under part A or B,
under a contract under section 1876, or under a
Medicare+Choice plan (other than an MSA plan); and
``(C)(i) the Secretary has been provided with the
minimum information necessary to avoid any payment
under part A or B for services covered under the
contract, or
``(ii) in the case of an individual enrolled under
a contract under section 1876 or a Medicare+Choice plan
(other than an MSA plan) under part C, the eligible
organization under the contract or the Medicare+Choice
organization offering the plan has been provided the
minimum information necessary to avoid any payment
under such contract or plan for services covered under
the contract.
``(2) Requirements for private contracts.--The requirements
in this paragraph for a private contract between a medicare
beneficiary and a physician or health care practitioner are as
follows:
``(A) General form of contract.--The contract is in
writing and is signed by the medicare beneficiary.
``(B) No claims to be submitted for covered
services.--The contract provides that no party to the
contract (and no entity on behalf of any party to the
contract) shall submit any claim for (or request)
payment for services covered under the contract under
part A or B, under a contract under section 1876, or
under a Medicare+Choice plan (other than an MSA plan).
``(C) Scope of services.--The contract identifies
the medicare covered professional services and the
period (if any) to be covered under the contract, but
does not cover any services furnished--
``(i) before the contract is entered into;
or
``(ii) for the treatment of an emergency
medical condition (as defined in section
1867(e)(1)(A)), unless the contract was entered
into before the onset of the emergency medical
condition.
``(D) Clear disclosure of terms.--The contract
clearly indicates that by signing the contract the
medicare beneficiary--
``(i) agrees not to submit a claim (or to
request that anyone submit a claim) under part
A or B (or under section 1876 or under a
Medicare+Choice plan, other than an MSA plan)
for services covered under the contract;
``(ii) agrees to be responsible, whether
through insurance or otherwise, for payment for
such services and understands that no
reimbursement will be provided under such part,
contract, or plan for such services;
``(iii) acknowledges that no limits under
this title (including limits under paragraph
(1) and (3) of section 1848(g)) will apply to
amounts that may be charged for such services;
``(iv) acknowledges that medicare
supplemental policies under section 1882 do
not, and other supplemental health plans and
policies may elect not to, make payments for
such services because payment is not made under
this title; and
``(v) acknowledges that the beneficiary has
the right to have such services provided by (or
under the supervision of) other physicians or
health care practitioners for whom payment
would be made under such part, contract, or
plan.
Such contract shall also clearly indicate whether the
physician or practitioner involved is excluded from
participation under this title.
``(3) Modifications.--The parties to a private contract may
mutually agree at any time to modify or terminate the contract
on a prospective basis, consistent with the provisions of
paragraphs (1) and (2).
``(4) No requirements for services furnished to msa plan
enrollees.--The requirements of paragraphs (1) and (2) do not
apply to any contract or arrangement for the provision of
services to a medicare beneficiary enrolled in an MSA plan
under part C.
``(5) Definitions.--In this subsection:
``(A) Health care practitioner.--The term `health
care practitioner' means a practitioner described in
section 1842(b)(18)(C).
``(B) Medicare beneficiary.--The term `medicare
beneficiary' means an individual who is enrolled under
part B.
``(C) Medicare covered professional services.--The
term `medicare covered professional services' means--
``(i) physicians' services (as defined in
section 1861(q), and including services
described in section 1861(s)(2)(A)), and
``(ii) professional services of health care
practitioners, including services described in
section 1842(b)(18)(D),
for which payment may be made under part A or B, under
a contract under section 1876, or under a
Medicare+Choice plan but for the provisions of a
private contract that meets the requirements of
paragraph (2).
``(D) Medicare+choice plan; msa plan.--The terms
`Medicare+Choice plan' and `MSA plan' have the meanings
given such terms in section 1859.
``(E) Physician.--The term `physician' has the
meaning given such term in section 1861(r).''.
(b) Conforming Amendments Clarifying Exemption From Limiting Charge
and From Requirement for Submission of Claims.--Section 1848(g) of the
Social Security Act (42 U.S.C. 1395w-4(g)) is amended--
(1) in paragraph (1)(A), by striking ``In'' and inserting
``Subject to paragraph (8), in'';
(2) in paragraph (3)(A), by striking ``Payment'' and
inserting ``Subject to paragraph (8), payment'';
(3) in paragraph (4)(A), by striking ``For'' and inserting
``Subject to paragraph (8), for''; and
(4) by adding at the end the following new paragraph:
``(8) Exemption from requirements for services furnished
under private contracts.--
``(A) In general.--Pursuant to section 1802(b)(1),
paragraphs (1), (3), and (4) do not apply with respect
to physicians' services (and services described in
section 1861(s)(2)(A)) furnished to an individual by
(or under the supervision of) a physician if the
conditions described in section 1802(b)(1) are met with
respect to the services.
``(B) No restrictions for enrollees in msa plans.--
Such paragraphs do not apply with respect to services
furnished to individuals enrolled with MSA plans under
part C, without regard to whether the conditions
described in subparagraphs (A) through (C) of section
1802(b)(1) are met.
``(C) Application to enrollees in other plans.--
Subject to subparagraph (B) and section 1852(k)(2), the
provisions of subparagraph (A) shall apply in the case
of an individual enrolled under a contract under
section 1876 or under a Medicare+Choice plan (other
than an MSA plan) under part C, in the same manner as
they apply to individuals not enrolled under such a
contract or plan.''.
(c) Conforming Amendments.--
(1) Section 1842(b)(18) of the Social Security Act (42
U.S.C. 1395u(b)(18)) is amended by adding at the end the
following:
``(E) The provisions of section 1848(g)(8) shall apply with respect
to exemption from limitations on charges and from billing requirements
for services of health care practitioners described in this paragraph
in the same manner as such provisions apply to exemption from the
requirements referred to in section 1848(g)(8)(A) for physicians'
services.''.
(2) Section 1866(a)(1)(O) of such Act (42 U.S.C.
1395cc(a)(1)(O)), as amended by section 4002(e) of the Balanced
Budget Act of 1997, is amended by inserting ``(other than under
an MSA plan)'' after ``Medicare+Choice organization under part
C''.
(3) Section 4507(b) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 441) is amended--
(A) in the matter before paragraph (1), by striking
``on the program under this title of private contracts
entered into under the amendment made by subsection
(a)'' and inserting ``on title XVIII of the Social
Security Act of private contracts permitted under
section 1802(b) of such Act''; and
(B) in paragraph (2), by striking ``section 1802(b)
of such Act (as added by subsection (a))'' and
inserting ``such section''.
(d) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of section 4507 of the
Balanced Budget Act of 1997. | Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted. | {"src": "billsum_train", "title": "Medicare Beneficiary Freedom To Contract Act of 1997"} | 2,243 | 83 | 0.616629 | 1.447775 | 1.407381 | 3.442857 | 28.1 | 0.928571 |
SECTION 1. TREATMENT OF CERTAIN CONTRIBUTIONS MADE PURSUANT TO
VETERANS' REEMPLOYMENT RIGHTS.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(u) Special Rules Relating to Veterans' Reemployment Rights.--
``(1) Treatment of certain required contributions.--If any
contribution is made by an employer under an individual account
plan with respect to an employee and such contribution is
required by reason of such employee's rights under chapter 43
of title 38, United States Code, resulting from qualified
military service--
``(A) such contribution shall not be subject to any
otherwise applicable limitation contained in section
402(g), 403(b), 404(a), 408, 415, or 457, and
``(B) such plan shall not be treated as failing to
meet any requirement of this part or section 457 by
reason of the making of such contribution and such
contribution shall not be taken into account in
applying the limitations referred to in subparagraph
(A) to other contributions.
For purposes of the preceding sentence, any additional elective
deferral made under paragraph (2) shall be treated as an
employer contribution required by reason of the employee's
rights under such chapter 43.
``(2) Reemployment rights with respect to elective
deferrals.--
``(A) In general.--If an employee is entitled to
the benefits of chapter 43 of title 38, United States
Code, with respect to any plan which provides for
elective deferrals, such employer shall be treated as
meeting the requirements of such chapter 43 with
respect to such elective deferrals if such employer--
``(i) permits such employee to make
additional elective deferrals under such plan
(in the amount determined under subparagraph
(B)) during the period which begins on the date
of the reemployment and whose duration is the
lesser of--
``(I) 5 years; or
``(II) 3 times the period of
qualified military service which
resulted in such rights; and
``(ii) makes a matching contribution in
respect of any additional elective deferral
made pursuant to clause (i) which would have
been required had such deferral actually been
made during the period of such qualified
military service.
``(B) Amount of makeup required.--The amount
determined under this subparagraph is the maximum
amount of elective deferrals that the individual would
have been permitted to make under the plan during his
period of qualified military service if he had
continued to be employed by the employer during such
period and received compensation at the rate computed
in accordance with section 4318(b)(3) of title 38.
Proper adjustment shall be made to the amount
determined under the preceding sentence for any
elective deferrals actually made during the period of
such qualified military service.
``(C) Elective deferral.--For purposes of this
paragraph, the term `elective deferral' has the meaning
given to such term by section 402(g)(3); except that
such term shall include any deferral of compensation
under an eligible deferred compensation plan (as
defined in section 457(b)).
``(3) Loan repayment suspensions permitted.--If any plan
suspends the repayment of any loan made to an individual for
the period while such individual is performing qualified
military service, such suspension shall not be taken into
account for purposes of section 72(p).
``(4) Qualified military service.--For purposes of this
subsection, the term `qualified military service' means any
service in the uniformed services (as defined in chapter 43 of
title 38, United States Code) by any individual if such
individual is entitled to reemployment rights under such
chapter 43, with respect to such service.
``(5) Individual account plan.--For purposes of this
subsection, the term `individual account plan' means any
defined contribution plan and any eligible deferred
compensation plan (as defined in section 457(b)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 2, 1974, and shall apply to plans as if
such amendment were enacted on such date as part of section 414 of the
Internal Revenue Code of 1954. | Amends the Internal Revenue Code to prescribe rules regarding limitations on employer contributions under defined contribution plans and eligible deferred compensation plans which are required by reason of veterans' reemployment rights. Treats an employer of a veteran entitled to such rights as meeting such reemployment requirements if the employer permits certain additional elective deferrals from the date of reemployment and makes a matching contribution which would have been required during the period of military service. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of certain contributions made pursuant to veterans' reemployment."} | 961 | 97 | 0.64121 | 1.697851 | 1.222453 | 2.278481 | 10.911392 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
Improvements Act of 2010''.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF
TITLE 18.
(a) In General.--Section 926B of title 18, United States Code, is
amended--
(1) in subsection (c)(3), by inserting ``which could result in
suspension or loss of police powers'' after ``agency''; and
(2) by adding at the end the following:
``(f) For the purposes of this section, a law enforcement officer
of the Amtrak Police Department, a law enforcement officer of the
Federal Reserve, or a law enforcement or police officer of the
executive branch of the Federal Government qualifies as an employee of
a governmental agency who is authorized by law to engage in or
supervise the prevention, detection, investigation, or prosecution of,
or the incarceration of any person for, any violation of law, and has
statutory powers of arrest.''.
(b) Active Law Enforcement Officers.--Section 926B of title 18,
United States Code is amended by striking subsection (e) and inserting
the following:
``(e) As used in this section, the term `firearm'--
``(1) except as provided in this subsection, has the same
meaning as in section 921 of this title;
``(2) includes ammunition not expressly prohibited by Federal
law or subject to the provisions of the National Firearms Act; and
``(3) does not include--
``(A) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(B) any firearm silencer (as defined in section 921 of
this title); and
``(C) any destructive device (as defined in section 921 of
this title).''.
(c) Retired Law Enforcement Officers.--Section 926C of title 18,
United States Code is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``retired'' and inserting ``separated
from service''; and
(ii) by striking ``, other than for reasons of mental
instability'';
(B) in paragraph (2), by striking ``retirement'' and
inserting ``separation'';
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``retirement, was
regularly employed as a law enforcement officer for an
aggregate of 15 years or more'' and inserting ``separation,
served as a law enforcement officer for an aggregate of 10
years or more''; and
(ii) in subparagraph (B), by striking ``retired'' and
inserting ``separated'';
(D) by striking paragraph (4) and inserting the following:
``(4) during the most recent 12-month period, has met, at the
expense of the individual, the standards for qualification in
firearms training for active law enforcement officers, as
determined by the former agency of the individual, the State in
which the individual resides or, if the State has not established
such standards, either a law enforcement agency within the State in
which the individual resides or the standards used by a certified
firearms instructor that is qualified to conduct a firearms
qualification test for active duty officers within that State;'';
and
(E) by striking paragraph (5) and replacing it with the
following:
``(5)(A) has not been officially found by a qualified medical
professional employed by the agency to be unqualified for reasons
relating to mental health and as a result of this finding will not
be issued the photographic identification as described in
subsection (d)(1); or
``(B) has not entered into an agreement with the agency from
which the individual is separating from service in which that
individual acknowledges he or she is not qualified under this
section for reasons relating to mental health and for those reasons
will not receive or accept the photographic identification as
described in subsection (d)(1);'';
(2) in subsection (d)--
(A) paragraph (1)--
(i) by striking ``retired'' and inserting
``separated''; and
(ii) by striking ``to meet the standards'' and all that
follows through ``concealed firearm'' and inserting ``to
meet the active duty standards for qualification in
firearms training as established by the agency to carry a
firearm of the same type as the concealed firearm'';
(B) paragraph (2)--
(i) in subparagraph (A), by striking ``retired'' and
inserting ``separated''; and
(ii) in subparagraph (B), by striking ``that
indicates'' and all that follows through the period and
inserting ``or by a certified firearms instructor that is
qualified to conduct a firearms qualification test for
active duty officers within that State that indicates that
the individual has, not less than 1 year before the date
the individual is carrying the concealed firearm, been
tested or otherwise found by the State or a certified
firearms instructor that is qualified to conduct a firearms
qualification test for active duty officers within that
State to have met--
``(I) the active duty standards for qualification
in firearms training, as established by the State, to
carry a firearm of the same type as the concealed
firearm; or
``(II) if the State has not established such
standards, standards set by any law enforcement agency
within that State to carry a firearm of the same type
as the concealed firearm.''; and
(3) by striking subsection (e) and inserting the following:
``(e) As used in this section--
``(1) the term `firearm'--
``(A) except as provided in this paragraph, has the same
meaning as in section 921 of this title;
``(B) includes ammunition not expressly prohibited by
Federal law or subject to the provisions of the National
Firearms Act; and
``(C) does not include--
``(i) any machinegun (as defined in section 5845 of the
National Firearms Act);
``(ii) any firearm silencer (as defined in section 921
of this title); and
``(iii) any destructive device (as defined in section
921 of this title); and
``(2) the term `service with a public agency as a law
enforcement officer' includes service as a law enforcement officer
of the Amtrak Police Department, service as a law enforcement
officer of the Federal Reserve, or service as a law enforcement or
police officer of the executive branch of the Federal
Government.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Law Enforcement Officers Safety Act Improvements Act of 2010 - Amends the federal criminal code to include a law enforcement officer of the Amtrak Police Department and the Federal Reserve or a law enforcement or police officer of the executive branch as a qualified law enforcement officer eligible to carry concealed firearms. Expands the definition of "firearm" to include ammunition not expressly prohibited by federal law or subject to the provisions of the National Firearms Act.
Revises the definition of "qualified retired law enforcement officer" to: (1) include officers separated (currently, retired) in good standing from service with a public agency as a law enforcement officer; and (2) reduce the years-of-service requirement for such officers from 15 to 10 years. Revises: (1) requirements for firearms certification for such separated officers to allow firearms training in accordance with the standards of the officer's former agency, the state in which such officer resides, or if such state has not established training standards, standards established by a law enforcement agency within the state or those used by a certified firearms instructor; and (2) mental health requirements for such officers. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to improve the provisions relating to the carrying of concealed weapons by law enforcement officers, and for other purposes."} | 1,525 | 242 | 0.565027 | 1.522927 | 0.832094 | 3.087156 | 6.591743 | 0.876147 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DebtPatriots.Gov Act of 2011''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the total public debt as of November 17, 2011, is over
$15 trillion and that every American's share is $47,080;
(2) www.pay.gov, launched in October 2000, is a secure
Government-wide collection portal, which is Web-based and
allows customers to access their accounts from any computer
with Internet access;
(3) www.pay.gov satisfies agencies and consumers demands
for electronic alternatives by providing the ability to
complete forms, make payments, and submit queries 24 hours a
day electronically;
(4) citizens who wish to make a general donation to the
United States Government may send contributions to a specific
account called ``Gifts to the United States'', an account
established in 1843 to accept gifts, such as bequests, from
individuals wishing to express their patriotism to the United
States;
(5) citizens who wish to make a general donation to a
specific account called ``Gifts to Reduce the Public Debt of
the United States'' may use TreasuryDirect, a section of
www.pay.gov and Treasury Direct;
(6) gifts to reduce the public debt are accepted under the
provisions of section 3113 of title 31, United States Code,
which authorizes the Secretary of the Treasury to accept
conditional gifts to the United States for the purpose of
reducing the public debt;
(7) gifts to reduce the public debt are voluntary
donations, and no goods, services, or other considerations are
provided to the donors, including, but not limited to, benefits
on future tax liability; and
(8) gifts to reduce the public debt do not supersede the
constitutional powers nor the responsibility of Congress to
``pay the debts'', as described in article I, section 8 of the
Constitution of the United States.
(b) Purpose.--The purpose of this Act is to publically recognize
the patriotism of certain individuals and corporations which are
willing to contribute additional funds, above and beyond their tax
obligations, in order to reduce the public debt of the United States.
SEC. 3. NEW WEB SITE.
(a) In General.--Using the existing infrastructure of www.pay.gov,
the Secretary of the Treasury shall create a new Web site,
www.DebtPatriots.gov, to specifically receive gifts to reduce the
public debt. The Web site shall be known as ``Gifts to Reduce the
Public Debt'' and shall include the following:
(1) Improved features and user interface from the existing
infrastructure for ease of use.
(2) An easily accessible domain name, www.DebtPatriots.gov.
(3) an opt-in check-box to allow donor names to be
publically recognized for their donation.
(4) A linked Web site on which the publically recognized
donors can be published according to the following levels of
donation:
(A) Corporation Award Levels:
(i) Corporate Founder ($50B).
(ii) Corporate Son of Liberty ($10B).
(iii) Corporate Constitutional Delegate
($1B).
(iv) Corporate Minuteman ($500M).
(v) Corporate Patriot ($1M).
(B) Individual Award Levels (Premium):
(i) Premium Founding Father/Mother ($1B).
(ii) Premium Son/Daughter of Liberty
($500M).
(iii) Premium Constitutional Delegate
($100M).
(iv) Premium Minuteman/woman ($10M).
(v) Premium Patriot ($1M).
(C) Individual Award Levels:
(i) Founding Father/Mother ($100K).
(ii) Son/Daughter of Liberty ($10K).
(iii) Constitutional Delegate ($1K).
(iv) Minuteman/woman ($100).
(v) Patriot ($10).
(5) A clearly published list of the aforementioned award
levels on DebtPatriots.Gov.
(6) A printable form and address for those who prefer to
make a gift through the mail by check.
(b) Required Links to Web Site.--The Secretary of the Treasury and
the President shall provide a link to this Web site on their main
pages.
SEC. 4. CERTIFICATE OF APPRECIATION.
The President shall issue a signed certification of appreciation
recognizing the award level of each donor who contributes to ``Gifts to
Reduce the Public Debt''. | DebtPatriots.Gov Act of 2011 - Directs the Secretary of the Treasury to create a new website, www.DebtPatriots.gov, specifically for receiving gifts to reduce the public debt. Requires the Secretary and the President to provide a link to such website on the main page of their websites.
Sets forth the required features of such website, including: (1) an opt-in check-box to allow donor names to be publically recognized, and (2) a linked website on which donors can be published according to specified levels of corporate and individual donations. Requires the President to issue a signed certification of appreciation recognizing the award level of each donor. | {"src": "billsum_train", "title": "To provide for a website to receive gifts to reduce the public debt."} | 1,005 | 151 | 0.510485 | 1.56534 | 0.526564 | 4.120968 | 7.612903 | 0.895161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Back America Act of 2004''.
SEC. 2. IMPOSITION OF EXCISE TAX ON INTERNATIONAL TRANSPORTATION BY
WATER.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter B the following new subchapter:
``Subchapter C--International Transportation by Water
``Sec. 4475. Imposition of tax.
``Sec. 4476. Definitions.
``SEC. 4475. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed a tax of $3 per
passenger on a covered international voyage.
``(b) By Whom Paid.--The tax imposed by this section shall be paid
by the person providing the covered international voyage.
``(c) Time of Imposition.--The tax imposed by this section shall be
imposed only once for each passenger on a covered international voyage,
either at the time of first embarkation or disembarkation in the United
States.
``SEC. 4476. DEFINITIONS.
``For purposes of this subchapter--
``(1) Covered international voyage.--The term `covered
international voyage' means a voyage of a commercial passenger
vessel if--
``(A) such voyage extends over 1 or more nights,
``(B) passengers embark or disembark the vessel in
the United States, and
``(C) passengers embark or disembark the vessel
outside the United States.
Such term shall not include any voyage of any vessel owned or
operated by the United States, a State, or any agency or
subdivision thereof.
``(2) Passenger vessel.--The term `passenger vessel' means
any vessel having berth or stateroom accommodations for more
than 16 passengers.''.
(b) Conforming Amendment.--Section 6806 of such Code is amended by
striking ``subchapter B of chapter 36'' and inserting ``subchapter B or
C of chapter 36''.
(c) Effective Date.--The amendments made by this section shall
apply to passengers embarking or disembarking in the United States
after the date of the enactment of this Act.
SEC. 3. ESTABLISHMENT OF TRUST FUNDS.
(a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new sections:
``SEC. 9511. CARIBBEAN PORTS AND INFRASTRUCTURE PROTECTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Caribbean Ports
and Infrastructure Protection Trust Fund', consisting of such amounts
as may be appropriated or credited to such fund as provided in this
section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Caribbean Ports and Infrastructure Protection Trust Fund amounts
equivalent to 32 percent of the taxes received in the Treasury under
subchapter C of chapter 36 (relating to international transportation by
water).
``(c) Expenditures From Trust Fund.--The Secretary shall make
payments, not less frequently than annually, from the Caribbean Ports
and Infrastructure Protection Trust Fund to--
``(1) the Bahamas, Cayman Islands, Barbados, Jamaica, Saint
Lucia, and Grenada, each in an amount equivalent to the sum
of--
``(A) 3 percent of the taxes received in the
Treasury under subchapter C of chapter 36, and
``(B) any amount credited to such fund under
section 9602(b) which is attributable to the amount
described in subparagraph (A), and
``(2) Antigua and Barbuda, Belize, British Virgin Islands,
Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis,
Saint Vincent and the Grenadines, Suriname, Trinidad and
Tobago, Anguilla, Bermuda, and Turks and Caicos Islands, each
in an amount equivalent to the sum of--
``(A) 1 percent of the taxes received in the
Treasury under subchapter C of chapter 36, and
``(B) any amount credited to such fund under
section 9602(b) which is attributable to the amount
described in subparagraph (A).
``SEC. 9512. WATER AND MARINE WILDLIFE PROTECTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Water and Marine
Wildlife Protection Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Water and Marine Wildlife Protection Trust Fund amounts equivalent
to 33 percent of the taxes received in the Treasury under subchapter C
of chapter 36 (relating to international transportation by water).
``(c) Expenditures From Trust Fund.--Amounts in the Water and
Marine Wildlife Protection Trust Fund shall be available, as provided
in appropriation Acts, for the purposes of making expenditures to carry
out environmental programs which provide for the clean up of waste in
the oceans or the enforcement of restrictions on the dumping of waste
in the oceans.''.
(b) Clerical Amendment.--The table of sections for chapter 98 of
such Code is amended by adding at the end the following new items:
``Sec. 9511. Caribbean Ports and Infrastructure Protection Trust Fund.
``Sec. 9512. Water and Marine Wildlife Protection Trust Fund.''.
SEC. 4. REQUIREMENTS RELATING TO PREVENTION OF POLLUTION FROM VESSELS.
(a) Findings.--The Congress finds the following:
(1) Pollution prevention devices required on vessels are
designed to reduce pollution. If they malfunction or are not
functioning then they cannot prevent pollution.
(2) Ensuring that these anti-pollution devices are
functioning will ensure a reduction in pollution and will also
give authorities advanced warning of pollution that has
occurred.
(3) Requiring biannual inspections of pollution prevention
equipment on vessels will ensure that such equipment is fully
operational and can ensure that it will perform its designed
task to its full potential.
(4) Department of Justice officials have found in a number
of cases fabricated entries in vessel oil record books that
give a false sense of compliance with MARPOL discharge
limitations.
(5) Recording shore-side disposal of garbage and sludge
from vessels will help to identify violators and help to deter
others from unlawful discharges at sea.
(6) Making violations of this Act a felony will have a
deterrent effect. Imposing stiff fines will also accomplish
that goal.
(b) Toll-Free Telephone Number for Reporting Illegal Dumping.--The
Secretary of the department in which the Coast Guard is operating shall
prescribe regulations by not later than 6 months after the date of the
enactment of this Act that require--
(1) that each cruise vessel that enters a port or place in
the United States while operating in the foreign or domestic
commerce of the United States must have posted, in elevators
and other common areas of the vessel, a notice stating--
(A) that any passenger who witnesses illegal
dumping from the vessel into waters of the United
States may report that dumping to the Coast Guard by
calling a toll-free telephone number of the National
Response Center or another appropriate office of the
Coast Guard; and
(B) such telephone numbers; and
(2) that the notice prescribed under paragraph (1) must be
included on each ticket for carriage of a passenger on such a
vessel in such commerce.
(c) Prohibitions.--It shall be unlawful--
(1) for any vessel to enter a port or place in the United
States if--
(A) the vessel does not have on board all pollution
prevention equipment otherwise required by law that
functions in proper functioning condition; or
(B) does not comply with requirements that apply to
the vessel under regulations prescribed under
subsection (b);
(2) to make any false entry in--
(A) any oil record book for a vessel; or
(B) any record of a vessel of shore-side disposal
of garbage or sludge from the vessel;
(3) to operate any cruise vessel in the foreign or domestic
commerce of the United States that does not comply with any
requirement that applies to the vessel under regulations
prescribed subsection (b); or
(4) to sell a ticket referred to in paragraph (2) of
subsection (b) that does not include any notice required under
regulations prescribed under subsection (b).
(d) Inspections.--The Secretary of the department in which the
Coast Guard is operating shall biannually inspect each vessel that is
documented under the laws of the United States to determine whether--
(1) the vessel has on board all pollution prevention
equipment required under subsection (c);
(2) such equipment functions properly; and
(3) in the case of a cruise vessel, the vessel complies
with requirements that apply to the vessel under regulations
prescribed under subsection (b).
(e) Penalty.--Any person that violates this section, and the owner
or operator of a vessel that violates this section, shall be fined
under title 18, United States Code, or imprisoned for one year and a
day (or such longer period as may apply under another provision of
law), or both.
(f) Relationship to Other Law.--This section is not intended to
affect the application of any other provision of law.
(g) Definitions.--In this section:
(1) cruise vessel.--
(A) In general.--The term ``cruise vessel'' means a
passenger vessel (as defined in section 2101(22) of
title 46, United States Code), that--
(i) is authorized to carry at least 250
passengers; and
(ii) has onboard sleeping facilities for
each passenger.
(B) Exclusions.--The term ``cruise vessel'' does
not include--
(i) a vessel of the United States operated
by the Federal Government; or
(ii) a vessel owned and operated by the
government of a State.
(2) Passenger.--
(A) In general.--The term ``passenger'' means any
person on board a cruise vessel for the purpose of
travel.
(B) Inclusions.-- The term ``passenger'' includes--
(i) a paying passenger; and
(ii) a staffperson, such as a crew member,
captain, or officer. | Pay Back America Act of 2004 - Amends the Internal Revenue Code to impose a per passenger tax on covered international voyages of commercial passenger vessels.
Establishes the Caribbean Ports and Infrastructure Protection Trust Fund (Caribbean Fund) and the Water and Marine Wildlife Protection Trust Fund (Wildlife Fund) in the Treasury. Appropriates to those funds a percentage of the above-referenced taxes.
Authorizes the Secretary of of the Treasury to make specified payments from the Caribbean Fund to the Bahamas, the Cayman Islands, Barbados, Jamaica, Saint Lucia, Grenada, Antigua and Barbuda, Belize, the British Virgin Islands, Dominica, Guyana, Haiti, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Anguilla, Bermuda, and the Turks and Caicos Islands.
Requires amounts in the Wildlife Fund to be used for ocean waste cleanup or enforcement of restrictions on ocean dumping.
Directs the Secretary of the department in which the Coast Guard is operating to issue regulations requiring cruise vessels entering U.S. ports or places to have: (1) posted notice that passengers may report illegal dumping from the vessel by calling a toll-free number; and (2) included such notice on each ticket sold.
Prohibits: (1) vessels from entering U.S. ports or places absent properly functioning pollution prevention equipment or compliance with notice requirements; (2) false entries in a vessel's oil record book or record of shore-side disposal; (3) operation of cruise vessels in U.S. foreign or domestic commerce that fail to comply with notice requirements.
Requires biannual inspections of vessels. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose an excise tax on the international transportation of individuals by water, to establish the Caribbean Ports and Infrastructure Improvement Trust Fund and the Water and Marine Wildlife Protection Trust Fund, and for other purposes."} | 2,436 | 376 | 0.426156 | 1.358393 | 0.57541 | 3.61039 | 6.935065 | 0.896104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security KidSave Accounts
Act''.
SEC. 2. SOCIAL SECURITY KIDSAVE ACCOUNTS.
Title II of the Social Security Act (42 U.S.C. 401 et seq.) is
amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following:
``Part B--KidSave Accounts
``establishment of kidsave accounts
``Sec. 251. (a) In General.--The Commissioner of Social Security,
through the Federal Retirement Thrift Investment Board, shall establish
in the name of each individual born on or after January 1, 2006, a
KidSave Account in the Thrift Savings Fund under subchapter III of
chapter 84 of title 5, United States Code, upon the later of--
``(1) the date of enactment of this part; or
``(2) the date of the issuance of a social security account
number under section 205(c)(2) to such individual.
``(b) Identification of Account.--The KidSave Account shall be
identified to the account holder by means of the account holder's
social security account number.
``treatment of kidsave accounts
``Sec. 252. (a) In General.--For purposes of this part, except as
provided in subsection (b), a KidSave Account described in section
251(a) shall be treated in the same manner as an account in the Thrift
Savings Fund under subchapter III of chapter 84 of title 5, United
States Code.
``(b) Exceptions.--
``(1) Contribution rules.--
``(A) Loan contributions.--
``(i) In general.--In addition to any
contributions to a KidSave Account by or on
behalf of an individual described in
subparagraph (B), the Secretary of the Treasury
shall transfer $2,000 to such Account from the
Federal Old-Age and Survivors Insurance Trust
Fund on the date of the establishment of such
Account under subsection (a).
``(ii) Adjustment for inflation.--For any
calendar year after 2013, the dollar amount
under clause (i) shall be increased by the
cost-of-living adjustment determined under
section 215(i) for the calendar year.
``(B) Other contributions.--
``(i) Contribution limit.--The aggregate
amount of contributions by or on behalf of an
individual (including rollover contributions)
for any taxable year to the KidSave Account of
such individual shall not exceed $500 for such
year (determined without regard to the amount
of the contribution made pursuant to
subparagraph (A)).
``(ii) Rollover contributions.--No rollover
contribution may be made to a KidSave Account
of an individual unless it is from an eligible
retirement plan described in clause (i), (ii),
or (iii) of section 402(c)(8)(B) of the
Internal Revenue Code of 1986 of such
individual or of a parent or grandparent of
such individual. For purposes of chapters 12
and 13 of the Internal Revenue Code of 1986
(relating to gift tax and tax on generation-
skipping transfers), in no event shall a
rollover contribution under this clause be
treated as a taxable gift.
``(iii) No contributions past the age of
18.--No contribution (including rollover
contribution) may be made to a KidSave Account
of an individual after the date on which such
individual attains the age of 19.
``(iv) Direct deposits.--The Secretary of
the Treasury shall, under regulations, provide
for the direct deposit of any overpayment of
Federal tax of an individual or of a parent or
grandparent of such individual as a
contribution to the KidSave Account of such
individual.
``(2) Designations regarding kidsave account investments.--
``(A) Initial designations of investment fund.--A
person described in subsection (c) shall, on behalf of
the individual described in section 251(a), designate 1
or more investment funds (established under section
8438 of title 5, United States Code) for the KidSave
Account to which contributions by or on behalf of such
individual are to be deposited. Such designation shall
be made on the application for such individual's social
security account number.
``(B) Default designation.--In the absence of any
designation under subparagraph (A), the contributions
by or on behalf of an individual described in section
251(a) shall be deposited--
``(i) 60 percent in the Common Stock Index
Investment Fund established under section
8438(b)(1)(C) of title 5, United States Code;
``(ii) 20 percent in the Fixed Income
Investment Fund established under section
8438(b)(1)(B) of such title; and
``(iii) 20 percent in the Government
Securities Investment Fund established under
section 8438(b)(1)(A) of such title.
``(C) Changes in designations.--An individual who
has attained age 18 or a person described in subsection
(c) on behalf of such individual may change 1 or more
investment designations for a KidSave Account of such
individual at the same time and in the same manner as
provided under subchapter III of chapter 84 of such
title.
``(3) Distributions.--
``(A) In general.--Except as provided in
subparagraph (B), distributions may only be made from a
KidSave Account of an individual on or after the
earlier of--
``(i) the date on which the individual
begins receiving benefits under part A; or
``(ii) the date of the individual's death.
``(B) Repayment of contribution loan.--
``(i) In general.--On the date on which an
individual described in section 251(a) attains
age 30 and on such date in each succeeding
calendar year (as necessary), the Federal
Retirement Thrift Investment Board shall
transfer from the KidSave Account of such
individual to the Federal Old-Age and Survivors
Insurance Trust Fund an amount equal to the
least of the following amounts:
``(I) 20 percent of the applicable
amount.
``(II) 20 percent of the balance in
such KidSave Account.
``(III) An amount equal to the
excess of the applicable amount over
the aggregate amount deducted under
this clause in all preceding calendar
years with respect to such individual.
``(ii) Applicable amount.--With respect to
any individual described in clause (i), the
applicable amount is equal to the amount
transferred by the Secretary of the Treasury to
such KidSave Account under paragraph (1)(A).
``(c) Treatment of Minors and Incompetent Individuals.--
``(1) Designations.--Any designation under subsection
(b)(2) to be made by a minor, or an individual mentally
incompetent or under other legal disability, may be made by the
person who is constituted guardian or other fiduciary by the
law of the State of residence of the individual or is otherwise
legally vested with the care of the individual or his estate.
``(2) Distributions.--Payment under this part due a minor,
or an individual mentally incompetent or under other legal
disability, may be made to the person who is constituted
guardian or other fiduciary by the law of the State of
residence of the claimant or is otherwise legally vested with
the care of the claimant or his estate.
``(3) Other persons designated.--In any case in which a
guardian or other fiduciary of the individual under legal
disability has not been appointed under the law of the State of
residence of the individual, if any other person, in the
judgment of the Commissioner, is responsible for the care of
such individual, any designation under subsection (b)(2) which
may otherwise be made by such individual may be made by such
person, any payment under this part which is otherwise payable
to such individual may be made to such person, and the payment
of an annuity payment under this part to such person bars
recovery by any other person.
``treatment of thrift savings fund
``Sec. 253. For purposes of subchapter III of chapter 84 of title
5, United States Code, the KidSave Accounts established in the Thrift
Savings Fund under section 251 shall be separately maintained and
accounted for by the Federal Retirement Thrift Investment Board from
the accounts established under such subchapter in such Fund.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Amendments Relating to Rollovers.--
(1) Section 402(c)(1) of the Internal Revenue Code of 1986
is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, a rollover
contribution to a KidSave Account under section
252(b)(1)(B)(ii) of the Social Security Act with respect to an
employee who is a parent or grandparent of the beneficiary of
such account shall be treated as a distribution to such
employee.''.
(2) Section 402(c)(5) of such Code is amended by striking
``(i) or (ii)'' and inserting ``(i), (ii), or (vii)''.
(3) Section 402(c)(8)(B) of such Code is amended by
striking ``and'' at the end of clause (v), by striking the
period at the end of clause (vi) and inserting ``, and'', and
by adding at the end the following new clause:
``(vii) a KidSave Account established under
section 251(a) of the Social Security Act.''.
(4) Section 408(d)(3)(A)(i) of such Code is amended by
inserting ``, or is paid into a KidSave Account of a
beneficiary under section 252(b)(1)(B)(ii) of the Social
Security Act with respect to whom such individual is the parent
or grandparent,'' after ``such individual''.
(b) Cross References.--
(1) In general.--
(A) The Social Security Act is amended--
(i) in part A of title II (as redesignated
by section 2), by striking ``this title'' each
place it appears and inserting ``this part'';
(ii) by striking ``title II'' each place it
appears (except in sections 1110(a)(3),
1110(c)(1), 1129A(d)(2), 1136(g),
1147(b)(1)(A), 1148(h)(4)(A), 1148(j)(1)(A),
1148(k), 1612(b)(18), and 1613(a)(10)) and
inserting ``part A of title II'';
(iii) by striking ``title II or XVI'' each
place it appears in sections 1110(a)(3),
1110(c)(1), 1129A(d)(2), and 1136(g) and
inserting ``part A of title II or title XVI'';
(iv) by striking ``title II, VIII, or'' in
section 1129(a)(3) and inserting ``part A of
title II or title VIII or''; and
(v) by striking ``title II or VIII'' in
section 1147(b)(1)(A) and inserting ``part A of
title II or title VIII''.
(B) The Internal Revenue Code of 1986 is amended by
striking ``title II'' each place it appears (except in
sections 35(c)(2), 142(h)(1), 410(b)(3)(B), 451(d),
912(1)(C), 912(2), and 7442) and inserting ``part A of
title II''.
(C) The Railroad Retirement Act of 1974 is amended
by striking ``title II'' each place it appears (except
in sections 15(a) and 19(c)(3)) and inserting ``part A
of title II''.
(2) Rule of construction.--In each provision of Federal law
(other than provisions amended or added by the amendments made
by this Act), any reference to title II of the Social Security
Act shall be deemed a reference to part A of title II of such
Act (as redesignated by section 2). | Social Security KidSave Accounts Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to create a new part B (KidSave Accounts). Directs the Commissioner of Social Security to establish in the name of each individual born on or after January 1, 2006, an individual retirement account in the Thrift Savings Fund known as a KidSave Account. Requires such Account to be treated in the same manner as an account maintained by a Federal employee under the Federal Employees Retirement System (FERS) (into which contributions by or on behalf of the individual are deposited into one or more designated investment funds).
Requires the Secretary of the Treasury to transfer from the Federal Old-Age and Survivors Insurance Trust Fund to each account holder's KidSave Account: (1) $2,000, on the date such individual's KidSave Account is established; plus (2) other, including rollover, contributions, by or on behalf of the individual, the aggregate amount of which in the case of any individual below age 19 is capped at $500 for any taxable year. Provides for the treatment of distributions.
Amends the Internal Revenue Code to exclude from gross income any rollovers into a KidSave Account. | {"src": "billsum_train", "title": "To amend the Social Security Act to provide each American child with a KidSave Account, and for other purposes."} | 2,774 | 279 | 0.678458 | 1.829988 | 0.790391 | 3.556962 | 10.236287 | 0.915612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Small Businesses in
Federal Contracting Act of 2011''.
SEC. 2. NEW CLASSIFICATION SYSTEM FOR SMALL BUSINESS SIZE
DETERMINATIONS.
(a) In General.--Section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) is amended by adding at the end the following:
``(D) Revision of classification.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Fairness for
Small Businesses in Federal Contracting Act of
2011, and in consultation with the Federal
Acquisition Regulatory Council, the
Administrator shall establish a classification
system for industries for purposes of
determining whether business concerns meet the
size standards established under this paragraph
that replaces the North American Industrial
Classification System.
``(ii) Amendment of far.--The Federal
Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation as appropriate
to integrate the classification system
established under clause (i).
``(iii) Integration of system.--The
Administrator of General Services shall
integrate the classification system established
under clause (i) into the Integrated
Acquisition Environment.
``(iv) Criteria.--The classification system
established under clause (i) shall--
``(I) consist of not more than 20
industries;
``(II) include as industries
manufacturing, construction,
professional services, wholesale, and
retail industries; and
``(III) be based on market
conditions as identified by the most
recent Economic Census of the United
States.
``(v) Reviews.--The Administrator shall
review the classification system established
under clause (i) as part of the review of size
standards under section 1344 of the Small
Business Jobs Act of 2010 (15 U.S.C. 632 note).
``(vi) Report.--Not later than 180 days
after the date on which the Administrator
establishes the classification system under
clause (i), the Administrator shall submit to
Congress a report on the establishment and use
of the classification system.''.
(b) Technical and Conforming Amendments.--The Small Business
Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended--
(1) in section 501(e)(6)(A) (15 U.S.C. 695(e)(6)(A)), by
striking ``in sector 31, 32, or 33 of the North American
Industrial Classification System'' and inserting ``as
`manufacturing' under the classification system established
under section 3(a)(2)(D) of the Small Business Act (15 U.S.C.
632(a)(2)(D))''; and
(2) in section 502(2)(B)(i) (15 U.S.C. 696(2)(B)(i)), by
striking ``in sector 31, 32, or 33 of the North American
Industrial Classification System'' and inserting ``as
`manufacturing' under the classification system established
under section 3(a)(2)(D) of the Small Business Act (15 U.S.C.
632(a)(2)(D))''.
SEC. 3. ELIMINATING THE NONMANUFACTURER EXCEPTION TO SMALL BUSINESS
SIZE DETERMINATIONS.
(a) Definitions.--In this section--
(1) the term ``manufacturing''--
(A) means being engaged in the mechanical,
physical, or chemical transformation of materials,
substances, or components into new products; and
(B) does not include construction; and
(2) the term ``offeror'' means the bidder on a contract
solicitation.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall promulgate regulations that--
(1) eliminate the nonmanufacturer exception to small
business size determinations under section 121.402(b) of title
13 and section 19.102(f) of title 48, Code of Federal
Regulations;
(2) require contracting officers to use the size standards
established by the Administrator for retail and wholesale
industries in procurements for products and services by the
Federal Government that are not manufactured by the offeror;
and
(3) require contracting officers to only use size standards
established by the Administrator for manufacturing industries
if the Federal Government issues a contract for the purchase of
a product or good and the product or good is manufactured by
the offeror. | Fairness for Small Businesses in Federal Contracting Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a new classification system for industries for purposes of determining whether businesses meet the small business size standards established herein that replaces the North American Industrial Classification System.
Requires: (1) the Federal Acquisition Regulation to be amended to integrate the new system, and (2) the Administrator of General Services to integrate the new system into the Integrated Acquisition Environment.
Directs the SBA Administrator to: (1) eliminate the nonmanufacturer exception to small business size determinations, (2) require contracting officers to use the size standard established for retail and wholesale industries in federal procurements for products and services that are not manufactured by the offeror, and (3) require such officers to use only SBA size standards for manufacturing industries if the federal government issues a contract for the purchase of a product or good that is manufactured by the offeror. | {"src": "billsum_train", "title": "A bill to require the Administrator of the Small Business Administration to develop a new classification system for small business size determinations and to promulgate rules to eliminate the nonmanufacturer exception to small business size determinations, and for other purposes."} | 1,007 | 208 | 0.613719 | 1.744795 | 0.820563 | 4.292553 | 4.473404 | 0.941489 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Major Drug Trafficking Prosecution
Act of 1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since the enactment of mandatory minimum sentencing for
drug users, the Federal Bureau of Prisons budget increased by
more than 1,350 percent, from $220,000,000 in 1986 to about
$3,019,000,000 in 1997.
(2) Mandatory minimums have not reduced sentencing
discretion, but rather have transferred discretion from judges
to prosecutors. Prosecutors, not judges, have the discretion to
reduce a charge, accept or deny a plea bargain, reward or deny
a defendant's substantial assistance or cooperation in the
prosecution of someone else, and ultimately, to determine the
final sentence of the defendant.
(3) African Americans comprise 12 percent of the United
States population, 15 percent of drug users, 17 percent of
cocaine users, but 33 percent of all Federal drug convictions
and 57 percent of Federal cocaine convictions.
(4) In 1986, before the mandatory minimums for crack
cocaine offenses became effective, the average Federal offense
for African Americans was 11 percent higher than whites.
Following the implementation of mandatory drug sentencing laws,
the average drug offense sentence for African Americans was 49
percent higher than whites.
(5) The average dealer holds a low-wage job and sells part
time to obtain for his or her own use.
(6) According to the Justice Department, the time spent in
prison does not affect recidivism rates.
SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but'';
(3) by striking ``not less than 5 years and'' and
(4) by striking the sentence beginning ``No person
sentenced under''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended.--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years and not more than'' and inserting ``for any term
or years or for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years or more
than life'' the first place it appears;
(C) by striking ``which may not be less than 20
years and not more than life imprisonment'' and
inserting ``for any term or years or for life'';
(D) by inserting ``imprisonment for any term of
years or'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning ``If any
person commits a violation of this subparagraph'';
(F) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than'' and inserting ``for any term or years or to'';
(C) by striking ``which may not be less than 10
years or more than'' and inserting ``for any term or
years or for'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term or years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term or years or for life'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''; and
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``not less than twenty years and
not more than'' and inserting ``for any term or years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term or years or
to'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(d) Section 859.--Section 859 of the Controlled Substances Act (21
U.S.C. 418) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 860.--Section 860 of the Controlled Substances Act (21
U.S.C. 419) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(f) Section 861.--Section 861 of the Controlled Substances Act (21
U.S.C. 420) is amended by striking subsection (e)''. | Major Drug Trafficking Prosecution Act of 1999 - Requires the Attorney General's prior written approval for a Federal prosecution under the Controlled Substances Act (CSA), Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under the CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams.
Modifies the CSA and CSIEA to delete specified mandatory minimum terms of imprisonment. | {"src": "billsum_train", "title": "Major Drug Trafficking Prosecution Act of 1999"} | 1,621 | 140 | 0.510934 | 1.43773 | 0.752314 | 6 | 12.478261 | 0.921739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Automobile Add-On Disclosure
and Consumer Protection Act''.
SEC. 2. DISCLOSURES FOR PURCHASERS OF NEW AUTOMOBILES.
In accordance with regulations prescribed by the Federal Trade
Commission under section 5, a dealer shall provide, to each consumer
that purchases a new automobile from the dealer the following (with
respect to each automobile):
(1) Dealer add-on invoice.--With respect to the particular
new automobile purchased by a consumer from the new car dealer,
an invoice (separate from any other document) that contains the
following:
(A) A description of any add-on included with (or
included in the total price of) the new automobile.
(B) The consumer's request, consent, or agreement
for provision by the dealer of any add-ons itemized
under subparagraph (A).
(C) With respect to any add-ons itemized under
subparagraph (A), the following itemized:
(i) The cost to the dealer of each add-on
and the total cost to the dealer for all add-
ons.
(ii) The cost to the consumer of each add-
on and the total cost to the consumer for all
add-ons, excluding any applicable taxes.
(iii) Any applicable taxes imposed on the
consumer for each add-on and the total amount
of such taxes for all add-ons.
(2) Dealer add-on warranty statement.--With respect to the
particular new automobile purchased by a consumer from the new
car dealer, a warranty statement (separate from any other
document) that contains the following:
(A) A description of any written warranty or
service contract provided by a warrantor, the dealer,
or a third party with respect to any add-on itemized
under paragraph (1)(A).
(B) A description of any effect on a written
warranty or service contract described under
subparagraph (A) that results from the installation,
modification, or provision of an add-on, including by a
third party.
(C) A description of any effect an add-on itemized
under paragraph (1)(A) has on a written warranty of the
new automobile as originally manufactured, including--
(i) the extent of such effect; and
(ii) the extent to which (and manner in
which) the dealer will cover any disparity
between any written warranty for the automobile
as originally manufactured and the written
warranty for the automobile as affected by any
add-ons.
(D) Information (including separate documentation,
if applicable) sufficient for the consumer to utilize
or otherwise take advantage of any warranty described
under subparagraphs (A) through (C).
(E) A statement of the extent to which (and manner
in which) the dealer will cover any disparity between
any warranty for an add-on, or for the automobile as
originally manufactured, and any such warranty actually
provided to the customer.
(3) Timing of disclosure.--The invoice required by
paragraph (1) and warranty statement required by paragraph (2)
shall be provided to the consumer--
(A) for any add-ons included with the automobile up
to the time in which the sale of the automobile is
finalized, at the time in which the sale is finalized;
and
(B) for any add-ons included with the automobile
after the time the sale is finalized and up to the time
in which the automobile is delivered to the consumer,
at the time in which the automobile is delivered to the
consumer.
SEC. 3. ENFORCEMENT.
(a) Civil Penalty.--A dealer that violates section 2 shall be
liable to the United States for a civil penalty of not more than
$10,000 or the total cost of the new automobile involved (including
add-ons, taxes, and any other fees charged to the customer by the
dealer), whichever is greater. The Federal Trade Commission may enforce
a civil penalty under this subsection in a civil action in an
appropriate district court of the United States.
(b) Private Right of Action.--A consumer aggrieved by a violation
of this Act may bring in an appropriate district court of the United
States or, if otherwise permitted by the laws or rules of court of a
State, in an appropriate court of that State--
(1) a civil action to enjoin a violation of this Act;
(2) a civil action to recover--
(A) the greater of actual monetary loss or $10,000
in damages for each such violation;
(B) up to three times the amount described in
subparagraph (A), to be determined in the discretion of
the court, if the court finds that the defendant
willfully or knowingly committed such violation; and
(C) a reasonable attorney fee and the costs of the
action; or
(3) both such actions.
(c) Limitation.--Nothing in this Act shall prohibit the enforcement
of any State laws or regulations relating to the sale of automobiles,
or requiring the disclosure of information regarding automobiles to the
consumer.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``add-on'' means, with respect to a new
automobile purchased from a dealer by a consumer--
(A) any motor vehicle equipment (as such term is
used in section 30102(a) of title 49, United States
Code) that is--
(i) not a system, part, or component of the
new automobile as originally manufactured; and
(ii) not itemized on the label required
under section 3 of the Automobile Information
Disclosure Act (15 U.S.C. 1232);
(B) any modification of the new automobile, or of
any motor vehicle equipment provided as a system, part,
or component of the new automobile as originally
manufactured, that is performed by, or on behalf of,
the dealer;
(C) any written warranty or service contract
provided by a warrantor, the dealer, or a third party
(other than the manufacturer); or
(D) any service provided by, or on behalf of, the
dealer to the consumer that is--
(i) related to any equipment described in
subparagraph (A) (including installation) or to
a modification described in subparagraph (B);
(ii) not included in the cost of such
equipment or modification; and
(iii) not a financial service.
(2) The term ``consumer'' has the meaning given the term
``ultimate purchaser'' in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(3) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(4) The terms ``manufacturer'' and ``new automobile'' have
the meanings given those terms in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(5) The terms ``service contract'', ``warranty'', and
``warrantor'' have the meanings give those terms in section 101
of the Magnuson-Moss Warranty--Federal Trade Commission
Improvement Act (15 U.S.C. 2301), except that any reference to
a consumer product shall be deemed to be a reference to a new
automobile or an add-on.
SEC. 5. RULEMAKING.
Within 180 days following the enactment of this Act, the Federal
Trade Commission shall prescribe regulations to carry out this Act,
including guidelines setting forth a uniform method by which a dealer
may provide the disclosures required by section 2.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 30 days following the issuance of a
final rule by the Federal Trade Commission pursuant to section 5. | New Automobile Add-On Disclosure and Consumer Protection Act - Requires each dealer to disclose to each consumer that purchases a new automobile: (1) a dealer add-on invoice; and (2) a dealer add-on warranty statement.
Specifies the timing of such disclosures.
States that dealer violation of this Act results in liability to the United States for a civil penalty of not more than $10,000 or the total cost of the new automobile involved (including add-ons, taxes, and any other fees charged to the customer by the dealer), whichever is greater.
Permits a private right of action by a consumer aggrieved by a violation of this Act. | {"src": "billsum_train", "title": "To protect automobile consumers by requiring complete disclosure and warranty of any add-ons included with the sale of new automobiles."} | 1,683 | 147 | 0.624369 | 1.768939 | 0.636225 | 6.613636 | 12.204545 | 0.962121 |
SECTION 1. UNITED STATES PENSION PLANS.
(a) Findings.--Congress finds the following:
(1) The United States and the international community face
no greater threat to their security than the prospect of rogue
regimes who support international terrorism obtaining weapons
of mass destruction, and particularly nuclear weapons.
(2) Iran is the leading state sponsor of international
terrorism and is close to achieving nuclear weapons capability
but has paid no price for nearly twenty years of deception over
its nuclear program. Foreign entities that have invested in
Iran's energy sector, despite Iran's support of international
terrorism and its nuclear program, have afforded Iran a free
pass while many United States entities have unknowingly
invested in those same foreign entities.
(3) United States investors have a great deal at stake in
preventing Iran from acquiring nuclear weapons.
(4) United States investors can have considerable influence
over the commercial decisions of the foreign entities in which
they have invested.
(b) Publication in Federal Register.--Not later than six months
after the date of the enactment of this Act and every six months
thereafter, the President shall ensure publication in the Federal
Register of a list of all United States and foreign entities that have
invested more than $20,000,000 in Iran's energy sector between August
5, 1996, and the date of such publication. Such list shall include an
itemization of individual investments of each such entity, including
the dollar value, intended purpose, and current status of each such
investment.
(c) Sense of Congress Relating to Divestiture From Iran.--It is the
sense of Congress that, upon publication of a list in the relevant
Federal Register under subsection (b), managers of United States
Government pension plans or thrift savings plans, managers of pension
plans maintained in the private sector by plan sponsors in the United
States, and managers of mutual funds sold or distributed in the United
States should immediately initiate efforts to divest all investments of
such plans or funds in any entity included on the list.
(d) Sense of Congress Relating to Prohibition on Future
Investment.--It is the sense of Congress that, upon publication of a
list in the relevant Federal Register under subsection (b), there
should be no future investment in any entity included on the list by
managers of United States Government pension plans or thrift savings
plans, managers of pension plans maintained in the private sector by
plan sponsors in the United States, and managers of mutual funds sold
or distributed in the United States.
(e) Disclosure to Investors.--
(1) In general.--Not later than 30 days after the date of
publication of a list in the relevant Federal Register under
subsection (b), managers of United States Government pension
plans or thrift savings plans, managers of pension plans
maintained in the private sector by plan sponsors in the United
States, and managers of mutual funds sold or distributed in the
United States shall notify investors that the funds of such
investors are invested in an entity included on the list. Such
notification shall contain the following information:
(A) The name or other identification of the entity.
(B) The amount of the investment in the entity.
(C) The potential liability to the entity if
sanctions are imposed by the United States on Iran or
on the entity.
(D) The potential liability to investors if such
sanctions are imposed.
(2) Follow-up notification.--
(A) In general.--Except as provided in subparagraph
(C), in addition to the notification required under
paragraph (1), such managers shall also include such
notification in every prospectus and in every regularly
provided quarterly, semi-annual, or annual report
provided to investors, if the funds of such investors
are invested in an entity included on the list.
(B) Contents of notification.--The notification
described in subparagraph (A) shall be displayed
prominently in any such prospectus or report and shall
contain the information described in paragraph (1).
(C) Good-faith exception.--If, upon publication of
a list in the relevant Federal Register under
subsection (b), such managers verifiably divest all
investments of such plans or funds in any entity
included on the list and such managers do not initiate
any new investment in any other such entity, such
managers shall not be required to include the
notification described in subparagraph (A) in any
prospectus or report provided to investors.
SEC. 2. REPORT BY OFFICE OF GLOBAL SECURITY RISKS.
Not later than 30 days after the date of publication of a list in
the relevant Federal Register under section 206(b), the Office of
Global Security Risks within the Division of Corporation Finance of the
United States Securities and Exchange Commission shall issue a report
containing a list of the United States and foreign entities identified
in accordance with such section, a determination of whether or not the
operations in Iran of any such entity constitute a political, economic,
or other risk to the United States, and a determination of whether or
not the entity faces United States litigation, sanctions, or similar
circumstances that are reasonably likely to have a material adverse
impact on the financial condition or operations of the entity. | Directs the President to ensure publication in the Federal Register of all U.S. and foreign entities that have invested more than $20 million in Iran's energy sector between August 5, 1996, and the date of such publication.
Requires such list to include an itemization of individual investments of each such entity.
Expresses the sense of Congress that, upon such publication, managers of federal pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States should immediately initiate efforts to divest all investments of such plans or funds in any entity included on the list.
Expresses the sense of Congress that, upon such publication, there should be no future investment in any entity included on the list by managers of U.S. Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States.
Requires disclosure to investors that their funds are invested in an entity included on such list.
Requires the Office of Global Security Risks to issue a report listing the U.S. and foreign entities identified in accordance with the relevant Federal Register, including a determination of whether or not: (1) their operations in Iran constitute a risk to the United States; and (2) the entity faces U.S. litigation, sanctions, or similar circumstances that are reasonably likely to have a material adverse impact on the financial condition or operations of the entity. | {"src": "billsum_train", "title": "To encourage divestiture of current investments in Iran and discourage future investments in Iran and to require disclosure to investors of information relating to such investments."} | 1,085 | 326 | 0.749689 | 2.528438 | 1.005694 | 7.386667 | 3.523333 | 0.953333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Watercraft Responsible Use
Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The growing popularity of recreational boating,
including personal watercraft, has resulted in increased
numbers of boaters competing for limited space, which leads to
more boating accidents and a diminished experience for all
users.
(2) Personal watercraft are ``thrill craft'' that are
operated differently from other motorized boats, are designed
to be highly maneuverable at high speeds, and are capable of
operating at high speeds in shallow areas that are typically
inaccessible by other motorized boats.
(3) Irresponsible operation of personal watercraft poses a
safety risk for untrained operators and other recreational
users, and damages valuable aquatic habitat in shallow waters.
SEC. 3. PURPOSES AND POLICIES.
The purposes and policies of this Act are the following:
(1) To ensure the safe and responsible use of personal
watercraft in the Nation's waterways.
(2) To protect sensitive shallow water habitat that is
important for many fish and wildlife species.
(3) To reduce conflicts among recreational boaters by
providing a forum for collaborative management efforts to
develop innovative boating regulations for overcrowded
waterways.
(4) To provide Federal assistance to States to improve the
enforcement of recreational boating laws.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Terms defined in coastal zone management act of 1972.--
Each of the terms ``coastal state'', ``coastal waters'', and
``Secretary'' has the meaning given that term under section 304
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(2) Personal watercraft.--The term ``personal watercraft''
means a motor vessel that is capable of carrying one or more
persons and--
(A) uses an inboard motor powering a water jet pump
or a caged propeller as its primary source of motive
power; and
(B) is designed to be operated by a person standing
on, kneeling on, sitting in, or sitting astride the
vessel.
(3) No-wake speed.--The term ``no-wake speed'' means the
speed at which a personal watercraft moves through the water
while maintaining minimum headway and producing the smallest
wake possible.
SEC. 5. ENFORCEABLE POLICIES IN THE COASTAL ZONE.
(a) Withholding of Assistance.--
(1) In general.--The Secretary shall withhold up to 10
percent of a coastal state's assistance in each fiscal year
under sections 306 and 309 of the Coastal Zone Management Act
of 1972 (16 U.S.C. 1455 and 1456b), unless the coastal state
implements enforceable policies and other provisions required
under this section regarding the operation of personal
watercraft in coastal waters of the State.
(2) Application.--Paragraph (1) shall apply after the
expiration of the 2-year period beginning on the date of the
enactment of this Act.
(b) Enforceable Policies.--Enforceable policies required under this
section shall prohibit a person from operating a personal watercraft in
excess of no-wake speed in any of the following areas or manner:
(1) In any area designated as a sensitive area in the
management program of the coastal state under the Coastal Zone
Management Act of 1972 (16 U.S.C. 1451 et seq.).
(2) In waters closer than 200 feet from the shoreline.
(3) In a designated right-of-way or navigation channel.
(4) In a manner that injures, harasses, or disturbs wading,
roosting, or nesting birds or marine mammals.
(c) Designation of Sensitive Areas.--
(1) Designation by state.--In addition to the enforceable
policies required under subsection (b), the management program
of a coastal state shall include provisions that designate
sensitive areas of the coastal state for purposes of subsection
(b)(1) in accordance with the criteria issued under paragraph
(2) of this subsection.
(2) Criteria for designation.--The Secretary shall issue
criteria for designating sensitive areas under paragraph (1).
The criteria shall include a consideration of the following:
(A) The presence of unique or valuable aquatic
habitat and communities.
(B) The presence of aquatic vegetation, nesting
birds, shellfish beds, or marine mammals.
(C) The importance of an area for other
recreational and commercial users.
(d) Compliance.--A coastal state that has a program that is
otherwise approved by the Secretary in accordance with section 306(d)
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455(d)) may
comply with subsection (a) of this section by amending or modifying the
program (in accordance with section 306(e) of that Act) to add
enforceable policies and other provisions required by that subsection.
(e) Use of Grants.--A State may use any amount received by the
State as assistance under section 306 or 309 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1455, 1456b) to develop and implement
enforceable policies and provisions required under this section.
(f) Regulations.--The Secretary, in consultation with the Secretary
of Transportation, shall issue regulations implementing this section
before the expiration of the 1-year period beginning on the date of the
enactment of this Act.
SEC. 6. PERSONAL WATERCRAFT SAFETY PROGRAM.
(a) National Personal Watercraft Guidelines.--Within one year after
the date of enactment of this Act, the Secretary of Transportation
shall establish guidelines and standards for the operation of personal
watercraft, consistent with the enforceable policies required under
section 5(b), in the national recreational boating safety program
carried out under section 13101 of title 46, United States Code. The
guidelines and standards shall include--
(1) mandatory State registration of personal watercraft;
(2) a minimum age for a personal watercraft operator of at
least 16 years of age, unless the operator is accompanied on
the vessel by a passenger who has attained an age greater than
16 years and who has completed the mandatory training program
required under paragraph (3); and
(3) a requirement that all operators of personal watercraft
(including any operator of a rented vessel) must complete a
training program that includes safety and conservation
components.
(b) Implementation Funds.--A State may use funds received by the
State under section 13106 of title 46, United States Code, to develop
and implement regulations to improve personal watercraft user safety,
reduce conflicts among personal watercraft operators and other boaters,
and minimize environmental damage.
SEC. 7. LAW ENFORCEMENT GRANTS.
(a) In General.--The Secretary of Transportation, subject to the
availability of appropriations, may make grants to States to enforce
recreational boating laws and regulations, including purchasing
necessary equipment and hiring law enforcement personal. A State is
eligible for assistance under this subsection if the State has--
(1) implemented a recreational boating safety program that
incorporates the national guidelines and standards for personal
watercraft established under section 6(a); and
(2) adopted the enforceable policies described in section
5(b), if the State is a coastal state.
(b) Allocation.--
(1) In general.--Of the total amount available each fiscal
year for grants under this section, the Secretary shall
allocate to each State an amount that bears the same ratio to
such total amount as the number of recreational vessels
registered in that State bears to the total number of
recreational vessels registered in all States.
(2) Limitation on grants to a state.--The total amount
awarded to a State each fiscal year as grants under this
section may not exceed the allocation to the State under
paragraph (1) for the fiscal year.
(c) Required Match.--As a condition of providing a grant under this
section to a State, the Secretary shall require the State to provide
matching funds according to a 1-to-1 ratio of Federal-to-State
contributions. All State matching funds must be from non-Federal
sources. The State contribution may be made in the form of in-kind
contribution of goods or services.
SEC. 8. TASK FORCE DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Transportation, subject to the
availability of appropriations, may make grants to States to support
the activities of collaborative task forces to minimize conflicts
between personal watercraft and other recreational and commercial
users. Task forces that receive assistance from the Secretary of
Transportation under this section shall--
(1) be organized geographically to minimize user conflicts
in a watershed or basin; and
(2) consist of members that represent personal watercraft
recreational users, State boating law administrators, State
conservation agencies, other Federal, State, and local agencies
with a demonstrated interest in minimizing user conflicts,
property owners, and other interested persons.
(b) Allocation.--The Secretary shall award task force development
grants on a competitive basis. No State may receive more than 25
percent of the total amount appropriated for a fiscal year for
assistance under this subsection.
(c) Regulations.--The Secretary of Transportation may issue
regulations and requirements for the task force development grant
program under this section.
(d) Required Match.--As a condition of providing a grant under this
section to a State, the Secretary shall require the State to provide
matching funds according to a 1-to-1 ratio of Federal-to-State
contributions. All State matching funds must be from non-Federal
sources. The State contribution may be made in the form of in-kind
contribution of goods or services.
(e) Obligation.--Amounts provided as a grant under this section
shall be available to the grantee for obligation for 2 years, after
which any unobligated amount shall revert to the Secretary of
Transportation and remain available for grants under this section for
subsequent fiscal years.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Law Enforcement Grants.--For law enforcement grants under
section 7, there are authorized to be appropriated to the Secretary of
Transportation $25,000,000 for each of fiscal years 2002, 2003, and
2004.
(b) Task Force Development Grants.--For task force development
grants under section 8, there are authorized to be appropriated to the
Secretary of Transportation $2,500,000 for each of fiscal years 2002,
2003, and 2004.
SEC. 10. STATE AUTHORITY PRESERVED.
Nothing in this Act limits the authority of a State to establish
limitations or requirements for the operation of personal watercraft,
that are more restrictive than the enforceable policies and other
provisions required by this Act. | Personal Watercraft Responsible Use Act of 2001 - Directs the Secretary of Commerce to withhold up to ten percent of grants made to a coastal State for development and administration of a management program for the land and water resources of its coastal zone in each fiscal year unless such State implements certain enforceable policies prohibiting a person from operating a personal watercraft in excess of no-wake speed in its coastal waters. Requires a coastal State's management program to include provisions that designate sensitive areas of its coast with respect to the enforcement of such policies in such areas.Directs the Secretary of Transportation to establish certain guidelines and standards for the operation of personal watercraft, consistent with the enforceable policies, in the national boating safety program. Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make recreational boating law enforcement grants to States that have: (1) implemented a recreational boating safety program incorporating the national guidelines and standards for personal watercraft; and (2) adopted the enforceable policies under this Act, if the State is a coastal State.Authorizes the Secretary of Transportation, subject to the availability of appropriations, to make grants to States to support the activities of collaborative task forces to minimize conflicts between personal watercraft and other recreational and commercial users. | {"src": "billsum_train", "title": "To encourage the safe and responsible use of personal watercraft, and for other purposes."} | 2,348 | 278 | 0.615569 | 1.717723 | 0.852987 | 4.247899 | 9.012605 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girls Count Act of 2015''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United States Census Bureau's 2013
international figures, 1 person in 12, or close to 900,000,000
people, is a girl or young woman age 10 through 24.
(2) The Census Bureau's data also illustrates that young people
are the fastest growing segment of the population in developing
countries.
(3) Even though most countries do have birth registration laws,
four out of ten babies born in 2012 were not registered worldwide.
Moreover, an estimated 36 percent of children under the age of five
worldwide (about 230,000,000 children) do not possess a birth
certificate.
(4) A nationally recognized proof of birth system is important
to determining a child's citizenship, nationality, place of birth,
parentage, and age. Without such a system, a passport, driver's
license, or other identification card is difficult to obtain. The
lack of such documentation can prevent girls and women from
officially participating in and benefitting from the formal
economic, legal, and political sectors in their countries.
(5) The lack of birth registration among girls worldwide is
particularly concerning as it can exacerbate the disproportionate
vulnerability of women to trafficking, child marriage, and lack of
access to health and education services.
(6) A lack of birth registration among women and girls can also
aggravate what, in many places, amounts to an already reduced
ability to seek employment, participate in civil society, or
purchase or inherit land and other assets.
(7) Girls undertake much of the domestic labor needed for poor
families to survive: carrying water, harvesting crops, tending
livestock, caring for younger children, and doing chores.
(8) Accurate assessments of access to education, poverty
levels, and overall census activities are hampered by the lack of
official information on women and girls. Without this rudimentary
information, assessments of foreign assistance and domestic social
welfare programs are difficult to gauge.
(9) To help ensure that women and girls are considered in
United States foreign assistance policies and programs, that their
needs are addressed in the design, implementation, and evaluation
of foreign assistance programs, and that women and girls have the
opportunity to succeed, it is important that girls be counted and
have access to birth certificates and other official documentation.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) encourage countries to support the rule of law and ensure
girls and boys of all ages are able to fully participate in
society, including by providing birth certifications and other
official documentation;
(2) enhance training and capacity-building in key developing
countries, local nongovernmental organizations, and other civil
society organizations, including faith-based organizations and
organizations representing children and families in the design,
implementation, and monitoring of programs under this Act, to
effectively address the needs of birth registries in countries
where girls are systematically undercounted; and
(3) incorporate into the design, implementation, and evaluation
of policies and programs measures to evaluate the impact that such
policies and programs have on girls.
SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE
DEVELOPING WORLD.
(a) Authorization.--The Secretary and the Administrator are
authorized to prioritize and advance ongoing efforts to--
(1) support programs that will contribute to improved and
sustainable Civil Registration and Vital Statistics Systems (CRVS)
with a focus on birth registration;
(2) support programs that build the capacity of developing
countries' national and local legal and policy frameworks to
prevent discrimination against girls in gaining access to birth
certificates, particularly where this may help prevent
exploitation, violence, and other abuse; and
(3) support programs and key ministries, including, interior,
youth, and education ministries, to help increase property rights,
social security, home ownership, land tenure security, inheritance
rights, access to education, and economic and entrepreneurial
opportunities, particularly for women and girls.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator are authorized to coordinate with the World Bank,
relevant United Nations agencies and programs, and other relevant
organizations to encourage and work with countries to enact, implement,
and enforce laws that specifically collect data on girls and establish
registration programs to ensure girls are appropriately counted and
have the opportunity to be active participants in the social, legal,
and political sectors of society in their countries.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator are authorized to
work with the United States, international, and local private sector
and civil society organizations to advocate for the registration and
documentation of all girls and boys in developing countries, in order
to help prevent exploitation, violence, and other abuses and to help
provide economic and social opportunities.
SEC. 5. REPORT.
The Secretary and the Administrator shall include in relevant
evaluations and reports to Congress the following information:
(1) To the extent practicable, a breakdown of United States
foreign assistance beneficiaries by age, gender, marital status,
location, and school enrollment status.
(2) A description, as appropriate, of how United States foreign
assistance benefits girls.
(3) Specific information, as appropriate, on programs that
address the particular needs of girls.
SEC. 6. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Foreign assistance.--The term ``foreign assistance'' has
the meaning given the term in section 634(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394(b)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
State.
SEC. 7. SUNSET.
This Act shall expire on the date that is five years after the date
of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on May 21, 2015. Girls Count Act of 2015 (Sec. 3) This bill states that it is U.S. policy to: encourage countries to support the rule of law and ensure girls and boys of all ages are able to fully participate in society, including by providing birth certifications and other official documentation; enhance training and capacity-building in key developing countries, local nongovernmental organizations, and other civil society organizations in the design, implementation, and monitoring of programs to address the needs of birth registries in countries where girls are systematically under counted; and incorporate into the design, implementation, and evaluation of policies and programs measures to evaluate the impact on girls of such policies and programs. (Sec. 4) Authorizes the Secretary and the Administrator of the U.S. Agency for International Development to support: programs that contribute to improved civil registration and vital statistics systems with a focus on birth registration; programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls in gaining access to birth certificates; and programs and key ministries to increase property rights, social security, home ownership, land tenure security, inheritance rights, access to education, and economic and entrepreneurial opportunities, particularly for women and girls. Authorizes the Secretary and the Administrator to coordinate with multilateral organizations and private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries. (Sec. 5) Directs the Secretary and the Administrator to include in relevant evaluations and reports to Congress the following information: a breakdown of U.S. foreign assistance beneficiaries by age, gender, marital status, location, and school enrollment status; a description of how U.S. foreign assistance benefits girls; and specific information on programs that address the particular needs of girls. | {"src": "billsum_train", "title": "Girls Count Act of 2015"} | 1,280 | 397 | 0.598995 | 2.116082 | 0.760266 | 5.877717 | 3.445652 | 0.92663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I Memorial and Centennial
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 4,000,000 men and women from the United
States served in uniform in the defense of liberty during World
War I, among them two future presidents, Harry S. Truman and
Dwight D. Eisenhower.
(2) 2,000,000 individuals from the United States served
overseas during World War I, including 200,000 naval personnel
who served on the seas.
(3) The United States suffered 375,000 casualties during
World War I.
(4) The events of 1914 through 1918 shaped the world, our
country, and the lives of millions of people in countless ways.
(5) The centennial of World War I offers an opportunity for
people in the United States to learn about the sacrifices of
their predecessors.
(6) Commemorative efforts allow people in the United States
to gain a historical understanding of the type of conflicts
that cause countries to go to war and how those conflicts are
resolved.
(7) Kansas City is home to the Liberty Memorial and
America's National World War I Museum (as so recognized in the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108-375)).
(8) America's National World War I Museum seeks--
(A) to preserve the history of World War I; and
(B) to educate and enlighten people about this
significant event, the consequences of which are still
with us.
(9) Kansas City is home to the national headquarters for
the Veterans of Foreign Wars.
(10) Missouri is the home State of General John Joseph
Pershing, who commanded the American Expeditionary Forces in
Europe during World War I.
(11) The Kansas City area is the home of the Harry S.
Truman Presidential Library and Museum.
(12) The Dwight David Eisenhower Presidential Library and
Museum is located close to Kansas City in the neighboring State
of Kansas.
(13) There is no nationally recognized memorial honoring
the service of Americans who served in World War I.
(14) In 1919, the people of Kansas City, Missouri,
expressed an outpouring of support and raised more than
$2,000,000 in two weeks for a memorial to the service of
Americans in World War I. That fundraising was an
accomplishment unparalleled by any other city in the United
States irrespective of population and reflected the passion of
public opinion about World War I, which had so recently ended.
(15) Following the drive, a national architectural
competition was held by the American Institute of Architects
for designs for a memorial to the service of Americans in World
War I, and the competition yielded a design by architect H. Van
Buren Magonigle.
(16) On November 1, 1921, more than 100,000 people
witnessed the dedication of the site for the Liberty Memorial
in Kansas City, Missouri. That dedication marked the only time
in history that the five allied military leaders; Lieutenant
General Baron Jacques of Belgium, General Armando Diaz of
Italy, Marshal Ferdinand Foch of France, General John J.
Pershing of the United States, and Admiral Lord Earl Beatty of
Great Britain, were together at one place.
(17) General Pershing noted at the November 1, 1921,
dedication that ``[t]he people of Kansas City, Missouri, are
deeply proud of the beautiful memorial, erected in tribute to
the patriotism, the gallant achievements, and the heroic
sacrifices of their sons and daughters who served in our
country's armed forces during the World War. It symbolized
their grateful appreciation of duty well done, an appreciation
which I share, because I know so well how richly it is
merited''.
(18) During an Armistice Day ceremony in 1924, President
Calvin Coolidge marked the beginning of a three-year
construction project for the Liberty Memorial by the laying of
the cornerstone of the memorial.
(19) The 217-foot Liberty Memorial Tower has an inscription
that reads ``In Honor of Those Who Served in the World War in
Defense of Liberty and Our Country'' as well as four stone
``Guardian Spirits'' representing courage, honor, patriotism,
and sacrifice, which rise above the observation deck, making
the Liberty Memorial a noble tribute to all who served in World
War I.
(20) During a rededication for the Liberty Memorial in
1961, World War I veterans and former Presidents Harry S.
Truman and Dwight D. Eisenhower recognized the memorial as a
constant reminder of the sacrifices during World War I and the
progress that followed.
(21) The 106th Congress recognized the Liberty Memorial as
a national symbol of World War I.
(22) The National World War I Museum is the only public
museum in the United States specifically dedicated to the
history of World War I.
(23) The National World War I Museum is known throughout
the world as a major center of World War I remembrance.
SEC. 3. DESIGNATION OF THE LIBERTY MEMORIAL AT THE NATIONAL WORLD WAR I
MUSEUM IN KANSAS CITY, MISSOURI, AS THE NATIONAL WORLD
WAR I MEMORIAL.
The Liberty Memorial at the National World War I Museum in Kansas
City, Missouri, is hereby designated as the ``National World War I
Memorial''. No Federal funds may be used for the annual operation or
maintenance of such Memorial.
SEC. 4. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR
I.
(a) Establishment.--There is established a commission to be known
as the World War I Centennial Commission (in this Act referred to as
the ``Commission'').
(b) Purpose.--The purpose of the Commission is to ensure a suitable
observance of the centennial of World War I that promotes the values of
honor, courage, patriotism, and sacrifice, in keeping with the
representation of these values through the four Guardian Spirits
sculpted on the Liberty Memorial Monument at America's National World
War I Museum.
(c) Duties.--The Commission shall have the following duties:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States related to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 24 members as follows:
(A) Four members appointed by the Speaker of the
House of Representatives.
(B) Three members appointed by the minority leader
of the House of Representatives.
(C) Four members appointed by the Senate majority
leader.
(D) Three members appointed by the Senate minority
leader.
(E) Seven members who are broadly representative of
the people of the United States (including members of
the armed services and veterans), appointed by the
President.
(F) The executive director of the Veterans of
Foreign Wars of the United States (or the director's
delegate).
(G) The executive director of the American Legion
(or the director's delegate).
(H) The president of the Liberty Memorial
Association, the nonprofit entity responsible for the
management of America's National World War I Museum (or
the president's delegate).
(2) Ex officio members.--The Archivist of the United States
and the Secretary of the Smithsonian Institution shall serve in
an ex officio capacity on the Commission to provide advice and
information to the Commission.
(3) Continuation of membership.--If a member of the
Commission under subparagraph (F), (G), or (H) of paragraph (1)
ceases to hold a position named in such subparagraph, that
member must resign from the Commission as of the date that the
member ceases to hold that position.
(4) Terms.--Each member shall be appointed for the life of
the Commission.
(5) Deadline for appointment.--All members of the
Commission shall be appointed not later than 90 days after the
date of the enactment of this Act.
(6) Vacancies.--A vacancy on the Commission shall--
(A) not affect the powers of the Commission; and
(B) be filled in the manner in which the original
appointment was made.
(7) Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(8) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(9) Quorum.--A majority of members of the Commission plus
one shall constitute a quorum, but a lesser number may hold
hearings.
(10) Chairperson; vice chairperson.--The Commission shall
elect the Chairperson and Vice Chairperson of the Commission by
a majority vote of the members of the Commission.
(11) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson, except that the first meeting
shall be held before the end of the 120-day period
beginning on the effective date of this Act.
(B) Location.--The Commission shall hold the first
meeting at America's National World War I Museum in
Kansas City, Missouri, and thereafter shall hold at
least one meeting per year at such location.
(e) Director and Additional Personnel of the Commission; Experts
and Consultants.--
(1) Director and staff.--
(A) Appointment.--The Chairperson of the Commission
shall, in consultation with the members of the
Commission, appoint an executive director and such
other additional personnel as may be necessary to
enable the Commission to perform its duties.
(B) Pay.--The executive director and staff of the
Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that the rate of pay for the executive director and
other staff may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(C) Work location.--If the city government for
Kansas City, Missouri, and the nonprofit organization
which administers America's National World War I Museum
make space available, the executive director and any
additional personnel appointed under subparagraph (A)
shall work in the building that houses that museum.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(f) Powers of the Commission.--
(1) Hearings and sessions.--For the purpose of carrying out
this Act, the Commission may hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--If authorized by the
Commission, any member or agent of the Commission may take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission shall secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
the request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Gifts, bequests, and devises.--
(A) Acceptance by commission.--The Commission may
accept, use, and dispose of gifts, bequests, or devises
of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the
Commission.
(B) Deposit and availability.--Gifts, bequests, or
devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(7) Contract authority.--The Commission is authorized to
procure supplies, services, and property and to make or enter
in contracts, leases, or other legal agreements; except that
any contract, lease, or other legal agreement made or entered
into by the Commission may not extend beyond the date of
termination of the Commission.
(g) Reports.--
(1) Periodic report.--Beginning not later than the last day
of the 3-month period beginning on the effective date of this
Act, and the last day of each 3-month period thereafter, the
Commission shall submit to Congress and the President a report
on the activities and plans of the Commission.
(2) Annual reports.--The Commission shall submit to the
President and Congress annual reports on the revenue and
expenditures of the Commission, including a list of each gift,
bequest, or devise to the Commission with a value of more than
$250, together with the identity of the donor of each gift,
bequest, or devise.
(3) Recommendations.--Not later than 2 years after the
effective date of this Act, the Commission shall submit to
Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I
and coordinating related activities.
(h) Federal Advisory Committee Act Waiver.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.), relating to the
termination of advisory committees, shall not apply to the Commission.
(i) Authorization of Funds.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this Act $500,000 for each of
fiscal years 2010 through 2019.
(2) Availability.--Amounts made available under this
subsection shall remain available until the termination of the
Commission as described in subsection (k).
(j) Annual Audit.--For any fiscal year for which the Commission
receives an appropriation of funds, the Inspector General of the
Department of the Interior shall perform an audit of the Commission,
shall make the results of any audit performed available to the public,
and shall transmit such results to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(k) Termination.--The Commission shall terminate on the earlier of
the date that is 30 days after the activities honoring the centennial
observation of World War I are carried out, or July 28, 2019.
(l) Effective Date.--This section shall take effect on January 1,
2010.
Passed the House of Representatives November 5, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | World War I Memorial and Centennial Act of 2009 - Designates the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial.
Establishes the World War I Centennial Commission to: (1) plan, develop, and execute programs, projects, and activities to commemorate the centennial of World War I; (2) encourage private organizations and state and local governments to organize and participate in such activities; (3) facilitate and coordinate such activities throughout the United States; and (4) serve as a clearinghouse for the collection and dissemination of information about centennial events and plans.
Sets forth provisions concerning the composition of the membership, and the powers, of the Commission.
Requires : (1) periodic reports on Commission activities and plans; (2) annual reports on the revenue and expenditures of the Commission, including a list of gifts, bequests, or devises to the Commission with a value of over $250, together with the identities of the donors; (3) a report containing recommendations for commemorating the centennial and coordinating related activities; and (4) annual audits for any fiscal years for which the Commission receives an appropriation of funds.
Authorizes appropriations.
Terminates the Commission on the earlier of 30 days after activities honoring the centennial observation of World War I are carried out or July 28, 2019. | {"src": "billsum_train", "title": "To designate the Liberty Memorial at the National World War I Museum in Kansas City, Missouri, as the National World War I Memorial, to establish the World War I centennial commission to ensure a suitable observance of the centennial of World War I, and for other purposes."} | 3,383 | 291 | 0.546731 | 1.661986 | 0.730026 | 4.981273 | 11.846442 | 0.94382 |
SECTION 1. FINDINGS, PURPOSE, AND DEFINITIONS.
(a) Findings.--The Congress makes the following findings:
(1) A primary purpose of the National Fire Plan is to
reduce the risk of severe wild fires in the areas, known as the
``wildland/urban interface'', where communities adjoin or
intermingle with Federal public lands.
(2) Substantial amounts of funds have been appropriated to
the Forest Service and agencies of the Department of the
Interior to implement the National Fire Plan.
(3) The Comptroller General has found that implementation
of the National Fire Plan still lacks clearly defined and
effective leadership and that the Forest Service and agencies
of the Department of the Interior do not have adequate data for
making informed decisions and for measuring their progress.
(4) In a December 2001 report to the Secretary of the
Interior, the National Academy of Public Information
recommended establishment of an interagency council to
implement both the Federal Wildland Fire Management Policy and
the National Fire Plan.
(b) Purpose.--The purpose of this Act is to improve implementation
of the National Fire Plan with respect to reducing the buildup of
vegetative fuels in the wildland/urban interface.
(c) Definitions.--In this Act:
(1) Federal public lands.--The term ``Federal public
lands'' means lands managed by the Forest Service or an agency
of the Department of the Interior.
(2) National fire plan.--The term ``National Fire Plan''
means the plans, strategies, projects, and activities of the
Department of Agriculture and the Department of the Interior to
respond to adverse impacts on communities and the environment
from wildfires on Federal public lands, which are based on and
reflect the following:
(A) The report of the Secretary of Agriculture and
the Secretary of the Interior entitled ``Managing the
Impact of Wildfires on Communities and the
Environment'', dated September 8, 2000.
(B) Congressional direction accompanying
appropriations to the Department of Agriculture and the
Department of the Interior for wildland fire management
for fiscal year 2001 and subsequent years.
(3) Wildlife/urban interface.--The term ``wildland/urban
interface'' means a geographic area where--
(A) homes and other structures are immediately
adjacent to or intermixed with Federal public lands
containing flammable vegetation;
(B) the conditions on such lands are conducive to
large-scale disturbance events; and
(C) there is a significant probability of a fire
ignition and a resulting spread of the disturbance
event.
SEC. 2. INTERAGENCY COUNCIL TO COORDINATE IMPLEMENTATION OF NATIONAL
FIRE PLAN.
(a) Establishment and Membership.--The Secretary of the Interior
and the Secretary of Agriculture shall establish an interagency council
to coordinate implementation of the National Fire Plan. The council
shall include at a minimum the following members, or their designees:
(1) The Chief of the Forest Service.
(2) The Assistant Secretary of the Interior for Indian
Affairs.
(3) The Director of the Bureau of Land Management.
(4) The Director of the National Park Service.
(5) The Director of the United States Fish and Wildlife
Service.
(b) Duties.--
(1) Criteria to identify affected communities.--Not later
than 180 days after the date of the enactment of this Act, the
council shall define consistent criteria to identify the
communities within the wildland/urban interface that are most
at risk from severe wildfires.
(2) Goals and objectives of plan.--The council shall
establish clearly defined and outcome-oriented goals and
objectives for agencies responsible for implementation of the
National Fire Plan.
(3) Measurement of results.--The council shall establish
quantifiable annual and long-term performance measures to
assess progress in reducing the risks to communities identified
pursuant to criteria required by paragraph (1).
(4) Long-term implementation strategy.--The council shall
develop a comprehensive long-term strategy for implementation
of the National Fire Plan that incorporates the criteria, goals
and objectives, and performance measures defined or established
under paragraphs (1), (2), and (3).
(5) Use of removed materials.--The council shall provide
for collection of data necessary to assist the Secretary of
Agriculture and the Secretary of the Interior to determine the
most effective and appropriate methods of utilizing fuel
materials removed from Federal public lands covered by the
National Fire Plan.
(c) Consultation.--In defining the criteria and establishing the
goals and objectives required by subsection (b), the council shall
consult with appropriate State, local, and tribal officials and shall
provide an opportunity for receipt and consideration of public comments
and suggestions.
SEC. 3. FOCUS OF FUEL-REDUCTION EFFORTS.
In implementing the National Fire Plan, the Secretary of
Agriculture and the Secretary of the Interior shall assure that--
(1) in conducting fuel-reduction efforts, priority is given
to the communities identified pursuant to the criteria required
by section 2(b)(1); and
(2) no other projects to reduce fuels are carried out in a
State until all necessary fuel-reduction efforts with respect
to such communities in that State are completed.
SEC. 4. PROGRESS REPORT.
Not later than one year after the date of the enactment of this
Act, the Secretary of Agriculture and the Secretary of the Interior
shall submit to Congress a report on the steps taken to implement this
Act. | Directs the Secretaries of the Interior and Agriculture to establish an interagency council to coordinate implementation of the National Fire Plan. Requires the council to: (1) define consistent criteria to identify the communities within the wildland/urban interface that are most at risk from severe wildfires; (2) establish goals and objectives for implementing agencies; (3) establish measures to assess progress in reducing the risks to such communities; (4) develop a comprehensive long-term strategy for Plan implementation; and (5) provide for collection of data to assist the Secretaries in determining the most effective and appropriate methods of utilizing fuel materials removed from covered public lands.Requires the Secretaries to assure that: (1) in conducting fuel reduction efforts, priority is given to such communities; and (2) no other projects to reduce fuels are carried out in a State until all necessary fuel-reduction efforts with respect to such communities in that State are completed. | {"src": "billsum_train", "title": "To improve implementation of the National Fire Plan on Federal lands managed by the Forest Service and agencies of the Department of the Interior."} | 1,161 | 195 | 0.598542 | 1.59153 | 0.813307 | 5.767956 | 6.066298 | 0.961326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Mentoring Program Act of
2010'' or the ``JUMP Act of 2010''.
SEC. 2. GRANTS FOR NATIONAL, STATE, AND LOCAL PROGRAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F the
following:
``Part G--Mentoring
``purposes
``Sec. 299K. The purposes of this part are--
``(1) to reduce juvenile delinquency and gang
participation;
``(2) to improve academic performance; and
``(3) to provide general guidance and promote personal and
social responsibility,
through the use of mentors for at-risk youth.
``definitions
``Sec. 299L. For purposes of this part--
``(1) the term `at-risk youth' means an individual less
than 18 years of age at risk of educational failure or dropping
out of school or involvement in delinquent activities; and
``(2) the term `mentor' means a responsible adult who is
linked with an at-risk youth on a one-to-one volunteer basis,
establishing a supportive relationship with the youth and
providing the youth with exposure to new experiences that
enhance the youth's ability to become a responsible citizen.
``grants
``Sec. 299M. The Administrator shall, by making grants to and
entering into contracts with State and local educational agencies or
national, regional, and local nonprofit organizations, establish and
support programs and activities for the purpose of implementing
mentoring programs that--
``(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults; and
``(2) are intended to achieve 1 or more of the following
goals:
``(A) Provide general guidance to at-risk youth.
``(B) Promote personal and social responsibility
among at-risk youth.
``(C) Increase at-risk youth's participation in and
enhance their ability to benefit from elementary and
secondary education.
``(D) Discourage at-risk youth's use of illegal
drugs, violence, and dangerous weapons, and other
criminal activity.
``(E) Discourage involvement of at-risk youth in
gangs.
``(F) Encourage at-risk youth's participation in
community service and community activities.
``regulations and guidelines
``Sec. 299N. The Administrator shall develop and distribute to
program participants specific model guidelines for the screening of
prospective program mentors.
``use of grants
``Sec. 299O. (a) Permitted Uses.--Grants awarded pursuant to this
part shall be used to implement mentoring programs, including--
``(1) hiring of mentoring coordinators and support staff;
``(2) recruitment, screening, and training of adult
mentors;
``(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly
associated with mentoring;
``(4) training of mentoring program staff in effective
practices; and
``(5) such other purposes as the Administrator may
reasonably prescribe by regulation.
``(b) Additional Permitted Uses for National Grants.--In addition
to the uses set forth in subsection (a), national grants awarded
pursuant to this part may be used to implement and improve mentoring
programs, including--
``(1) the establishment and implementation of quality
assurance services, including best practices for the screening
of volunteer mentors and supervision of mentoring
relationships;
``(2) the establishment and implementation of child safety
standards;
``(3) the establishment and implementation of information
technology systems to track the effectiveness of program
models; and
``(4) research evaluations to inform best practices.
``(c) Prohibited Uses.--Grants awarded pursuant to this part shall
not be used--
``(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
``(2) to obtain educational or other materials or equipment
that would otherwise be used in the ordinary course of the
grantee's operations;
``(3) to support litigation of any kind; or
``(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
``considerations
``Sec. 299P. (a) In General.--In making grants under this part,
the Administrator shall give priority for awarding grants to applicants
that--
``(1) serve at-risk youth in high crime areas;
``(2) have 60 percent or more of their youth eligible to
receive funds under the Elementary and Secondary Education Act
of 1965 (20 U.S.C. et seq.); and
``(b) Other Considerations.--In making grants under this part, the
Administrator shall give consideration to--
``(1) the quality of a mentoring plan, including--
``(A) the resources, if any, that will be dedicated
to providing participating youth with opportunities for
job training or postsecondary education; and
``(B) the degree to which parents, teachers,
community-based organizations, and the local community
participate in the design and implementation of the
mentoring plan; and
``(2) the capability of the applicant to effectively
implement the mentoring plan.
``applications
``Sec. 299Q. An application for assistance under this part shall
include--
``(1) information on the youth expected to be served by the
program;
``(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
``(3) an assurance that no mentor will be assigned to more
than one youth, so as to ensure a one-to-one relationship;
``(4) an assurance that projects will be monitored to
ensure that each youth benefits from a mentor relationship,
with provision for a new mentor assignment if the relationship
is not beneficial to the youth;
``(5) the method by which mentors and youth will be
recruited to the project;
``(6) the method by which prospective mentors will be
screened;
``(7) the training that will be provided to mentors; and
``(8) the method by which outcomes for youth will be
measured and the strength of the mentoring relationship
monitored.
``grant cycles
``Sec. 299R. Grants under this part shall be made for up to 3-year
periods.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Parts
C and E'' and inserting ``Parts C, E, and G'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``parts C and E'' and
inserting ``parts C, E, and G'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part G.--There are
authorized to be appropriated to carry out part G, and authorized to
remain available until expended, $150,000,000 for each of fiscal years
2011 through 2015.''. | Juvenile Mentoring Program Act of 2010 or JUMP Act of 2010 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to and enter into contracts with state and local educational agencies or nonprofit organizations to implement mentoring programs that link at-risk youth with responsible adults who, on a one-to-one volunteer basis, provide such youth with supportive relationships and exposure to new experiences that enhance their ability to become responsible citizens.
Defines an "at-risk youth" as an individual under age 18 who is at risk of educational failure or involvement in delinquent activities.
Requires the Administrator to develop and distribute to program participants specific model guidelines for screening prospective program mentors.
Gives grant priority to applicants that: (1) serve at-risk youth in high crime areas; and (2) have at least 60% of their youth eligible to receive funds under the Elementary and Secondary Education Act of 1965. | {"src": "billsum_train", "title": "A bill to provide grants for juvenile mentoring."} | 1,613 | 213 | 0.694756 | 1.919806 | 0.967035 | 4.713542 | 8.192708 | 0.932292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing the Economy of Coal
Communities by Leveraging Local Activities and Investing More Act of
2016'' or the ``RECLAIM Act of 2016''.
SEC. 2. ECONOMIC REVITALIZATION FOR COAL COUNTRY.
(a) In General.--Title IV of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.
``(a) In General.--From amounts deposited into the fund under
section 401(b) before October 1, 2007, and not otherwise appropriated,
$200,000,000 shall be available to the Secretary, without further
appropriation, for each of fiscal years 2017 through 2021 for
distribution to States and Indian tribes in accordance with this
section for the purpose of promoting economic revitalization,
diversification, and development in economically distressed communities
through the reclamation and restoration of land and water resources
adversely affected by coal mining carried out before August 3, 1977.
``(b) Use of Funds.--Funds distributed to a State or Indian tribe
under subsection (c) shall be used only for those projects that meet
the following criteria:
``(1) Related to the reclamation of abandoned mine lands
and waters.--The project is designed to--
``(A) achieve one or more of the priorities stated
in section 403(a); or
``(B) be conducted on land adjacent to eligible
lands and waters described in section 403(a) that has
previously been remediated or will be remediated under
this section.
``(2) Contribution to future economic or community
development.--
``(A) In general.--The project is reasonably likely
to create favorable conditions for the economic
development of the project site or promote the general
welfare through economic and community development of
the area in which the project is conducted.
``(B) Demonstration of conditions.--Such conditions
are demonstrated by--
``(i) documentation of the role of the
project in the area's economic development
strategy or other economic and community
development planning process;
``(ii) any other documentation of the
planned economic and community use of the
project site after the primary reclamation
activities are completed, which may include
contracts, agreements in principle, or other
evidence that, once reclaimed, the site is
reasonably anticipated to be used for one or
more industrial, commercial, residential,
agricultural, or recreational purposes; or
``(iii) any other documentation agreed to
by the State or Indian tribe that demonstrates
the project will meet the criteria set forth in
this subsection.
``(3) Location in community affected by recent decline in
mining.--The project will be conducted in a community--
``(A) that has been adversely affected economically
by a reduction in coal mining-related activity over the
preceding 5 years, as demonstrated by employment data,
per capita income, or other indicators of reduced
economic activity attributable to such reduction; or
``(B)(i) that has traditionally relied on coal
mining for a substantial portion of its economy; and
``(ii) in which the economic contribution of coal
mining has significantly declined.
``(4) Stakeholder collaboration.--The project has been the
subject of project planning under subsection (f) and has been
the focus of collaboration, including partnerships, as
appropriate, with interested persons or local organizations.
``(5) Eligible applicants.--The project has been proposed
and will be executed by entities of State, local, county, or
tribal government, which may include subcontracting project-
related activities, as appropriate.
``(c) Distribution of Funds.--
``(1) Uncertified states.--
``(A) In general.--From the amount made available
in subsection (a), the Secretary shall distribute
$195,000,000 annually for each of fiscal years 2017
through 2021 to States and Indian tribes that have a
State program approved under section 405 or are
referred to in section 402(g)(8)(B), and have not made
a certification under section 411(a) in which the
Secretary has concurred, as follows:
``(i) Fiscal years 2017 and 2018.--For each
of fiscal years 2017 and 2018, the Secretary
shall allocate such funds through a formula
based on the amount of coal historically
produced in each State or from the lands of
each Indian tribe concerned before August 3,
1977.
``(ii) Fiscal years 2019 through 2021.--For
each of fiscal years 2019 through 2021, the
Secretary shall allocate to each State and
Indian tribe either--
``(I) the amount allocated to the
State or Indian tribe for fiscal year
2017, plus any amount reallocated to it
under this paragraph, if it has
committed the full amount of its
allocation for the preceding fiscal
year to eligible projects; or
``(II) the lesser of the amount the
State or Indian tribe has committed to
eligible projects from its allocation
for the preceding fiscal year or the
amount allocated to the State or Indian
tribe for fiscal year 2017, if it has
not committed the full amount of its
allocation for the preceding fiscal
year to eligible projects.
``(iii) Fiscal year 2022.--For fiscal year
2022, the Secretary shall allocate to each
State or Indian tribe the amount reallocated to
the State or Indian tribe under subparagraph
(B), if it has committed the full amount of its
allocation for fiscal year 2021 to eligible
projects.
``(B) Reallocation of uncommitted funds.--
``(i) Fiscal year 2019 through 2021.--For
each of fiscal years 2019 through 2021, the
Secretary shall reallocate in accordance with
clause (iii) any amount available for
distribution under this subsection that has not
been committed to eligible projects in the
preceding 2 fiscal years, among the States and
Indian tribes that have committed to eligible
projects the full amount of their annual
allocation for the preceding fiscal year as
described in clause (iii).
``(ii) Fiscal year 2022.--For fiscal year
2022, the Secretary shall reallocate in
accordance with clause (iii) any amount
available for distribution under this
subsection that has not been committed to
eligible projects or distributed under
subparagraph (A)(iii), among the States and
Indian tribes that have committed to eligible
projects the full amount of their annual
allocation for fiscal year 2021.
``(iii) Amount of reallocation.--The amount
reallocated to each State or Indian tribe under
each of clauses (i) and (ii) shall be
determined by the Secretary to reflect, to the
extent practicable--
``(I) the proportion of unreclaimed
eligible lands and waters the State or
Indian tribe has in the inventory
maintained under section 403(c); and
``(II) the proportion of coal
mining employment loss incurred in the
State or Indian lands, respectively, as
determined by the Mine Safety and
Health Administration, over the 5-year
period preceding the fiscal year for
which the reallocation is made.
``(C) Supplemental funds.--Funds distributed under
this section--
``(i) shall be in addition to, and shall
not affect, the amount of funds distributed to
States and Indian tribes under section 401(f);
and
``(ii) shall not reduce any funds
distributed to a State or Indian tribe by
reason of the application of section 402(g)(8).
``(2) Additional funding to certain states and indian
tribes.--
``(A) Eligibility.--From the amount made available
in subsection (a), the Secretary shall distribute
$5,000,000 annually for each of the five fiscal years
beginning in fiscal year 2017 to States and Indian
tribes that have a State program approved under section
405 and--
``(i) have made a certification under
section 411(a) in which the Secretary has
concurred; or
``(ii) receive an allocation by reason of
the application of section 402(g)(8)(A).
``(B) Application for funds.--Using the process in
section 405(f), any State or Indian tribe described in
subparagraph (A) may submit a grant application to the
Secretary for funds under this paragraph. The Secretary
shall review each grant application to confirm that the
projects identified in the application for funding are
eligible under subsection (b).
``(C) Distribution of funds.--The amount of funds
distributed to each State or Indian tribe under this
paragraph shall be determined by the Secretary based on
the demonstrated need for the funding to accomplish the
purposes of this section.
``(d) Resolution of Secretary's Concerns; Congressional
Notification.--If the Secretary does not agree with a State or Indian
tribe that a proposed project meets the criteria set forth in
subsection (b)--
``(1) the Secretary and the State or tribe shall meet and
confer for a period of not less than 30 days to resolve the
Secretary's concerns;
``(2) during that period, the Secretary may consult with
any appropriate Federal agency, such as the Appalachian
Regional Commission, the Economic Development Administration,
and the Bureau of Indian Affairs, to assist with the resolution
of the concerns; and
``(3) at the end of that period, if the Secretary's
concerns are not resolved the Secretary shall provide to the
Congress an explanation of the concerns.
``(e) Acid Mine Drainage Treatment.--
``(1) In general.--Subject to paragraph (2), a State or
Indian tribe that receives funds under this section may retain
a portion of such funds as is necessary to supplement the
State's or tribe's acid mine drainage abatement and treatment
fund established under section 402(g)(6)(A), for future
operation and maintenance costs for the treatment of acid mine
drainage associated with the individual projects funded under
this section. A State or Indian tribe shall specify the total
funds allotted for such costs in its application submitted
under subsection (c)(2)(B).
``(2) Condition.--A State or Indian tribe may retain and
use funds under this subsection only if the State or tribe can
demonstrate that the annual grant distributed to the State or
tribe pursuant to section 401(f), including any interest from
the State's or tribe's acid mine drainage abatement and
treatment fund that is not used for the operation or
maintenance of preexisting acid mine drainage treatment
systems, is insufficient to fund the operation and maintenance
of any acid mine drainage treatment system associated with an
individual project funded under this section.
``(f) Project Planning and Administration.--
``(1) States and indian tribes.--
``(A) In general.--A State or Indian tribe may use
up to 10 percent of its distribution for project
planning and the costs of administering this section.
``(B) Planning requirements.--Planning under this
paragraph may include--
``(i) identification of eligible projects;
``(ii) updating the inventory referred to
in section 403(c);
``(iii) developing project designs;
``(iv) preparing cost estimates; or
``(v) engaging in other similar activities
necessary to facilitate reclamation activities
under this section.
``(2) Secretary.--In addition to amounts available for
distribution under subsection (a), the Secretary may expend,
without further appropriation, not more than $3,000,000 for the
five full fiscal years following the date of the enactment of
the RECLAIM Act of 2016 for staffing and other administrative
expenses necessary to carry out this section.
``(g) Report to Congress.--Each State and Indian tribe to which
funds are distributed under this section shall provide to the Congress
and the Secretary at the end of each fiscal year for which such funds
are distributed a detailed report on the various projects that have
been undertaken with such funds and the community and economic benefits
that are resulting, or are expected to result from, the use of the
funds.
``(h) Committed Defined.--For purposes of this section the term
`committed'--
``(1) means that the State or Indian tribe receiving funds
has executed a project agreement with an applicant for such
funds; and
``(2) includes any amount used for project planning under
subsection (f).''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by adding at the end of the items relating to
title IV the following:
``Sec. 416. Abandoned mine land economic revitalization.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
The Surface Mining Control and Reclamation Act of 1977 is amended--
(1) in section 401(c) (30 U.S.C. 1231(c)), by striking
``and'' after the semicolon at the end of paragraph (10), by
redesignating paragraph (11) as paragraph (12), and by
inserting after paragraph (10) the following:
``(11) to implement section 416; and'';
(2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by
striking ``subsection (f)'' and inserting ``subsection (f) and
section 416(a)'';
(3) in section 402(g) (30 U.S.C. 1232(g))--
(A) in paragraph (1), by inserting ``and section
416'' after ``subsection (h)''; and
(B) by adding at the end of paragraph (3) the
following:
``(F) For the purpose of section 416(c)(2)(A).'';
and
(4) in section 403(c) (30 U.S.C. 1233(c))--
(A) in the first sentence, by--
(i) inserting ``any of'' after ``which
meet''; and
(ii) striking ``paragraphs (1) and (2)
of'';
(B) by inserting after the second sentence the
following: ``As practicable, States and Indian tribes
shall offer such amendments based on the use of remote
sensing, global positioning systems, and other advanced
technologies.''; and
(C) by adding at the end the following: ``The
Secretary may perform any work necessary to amend any
entry in the inventory that has not been updated by a
State or Indian tribe within the preceding 3 years to
ensure that the entry is up-to-date and accurate.''. | Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2016 or the RECLAIM Act of 2016 This bill amends the Surface Mining Control and Reclamation Act of 1977 to make specified funds available to the Department of the Interior for each of FY2017-FY2021 for distribution to states and Indian tribes to promote economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977. The bill prescribes general requirements for projects to reclaim abandoned mine lands and waters that are likely to create favorable conditions for the economic development of the project site or promote the general welfare through economic and community development of the area in which the project is conducted. Any such project shall be located in a community affected by a recent decline in mining.A state or Indian tribe that receives funds under this bill may retain a portion of them as necessary to supplement its acid mine drainage abatement and treatment fund for future operation and maintenance costs for the treatment of acid mine drainage associated with individual projects. | {"src": "billsum_train", "title": "RECLAIM Act of 2016"} | 3,209 | 238 | 0.68853 | 2.077763 | 0.817486 | 5.705314 | 14.347826 | 0.932367 |
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