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SECTION 1. FINDINGS.
The Congress finds that--
(1) Ukraine allows its citizens the right and opportunity
to emigrate, free of any heavy tax on emigration or on the
visas or other documents required for emigration and free of
any tax, levy, fine, fee, or other charge on any citizens as a
consequence of the desire of such citizens to emigrate to the
country of their choice;
(2) Ukraine has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991, Ukraine has
taken important steps toward the creation of democratic
institutions and a free-market economy and, as a member state
of the Organization for Security and Cooperation in Europe
(OSCE), is committed to developing a system of governance in
accordance with the principles regarding human rights and
humanitarian affairs that are set forth in the Final Act of the
Conference on Security and Cooperation in Europe (also known as
the ``Helsinki Final Act'');
(4) Ukraine has shown progress towards meeting
international commitments and standards in its most recent
Parliamentary elections, recognizing that significant problems
remain, including shortcomings in the implementation of
Ukraine's election laws, illegal interference by public
authorities in the electoral process, and intimidation against
opposition contestants, activists, and voters.
(5) Ukraine is committed to addressing issues relating to
its national and religious minorities as a member state of the
OSCE and to adopting measures to ensure that persons belonging
to national minorities have full equality both individually and
communally;
(6) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
hostility, or hatred, including anti-Semitism, and has
committed itself, including through a letter to the President
of the United States, to ensuring freedom of religion and
preventing racial and ethnic intolerance and hatred;
(7) Ukraine has engaged in efforts to combat ethnic and
religious intolerance by cooperating with various United States
nongovernmental organizations;
(8) Ukraine is continuing the restitution of religious
properties, including religious and communal properties
confiscated from national and religious minorities during the
Soviet era, is facilitating the revival of those minority
groups, and is in the process of developing a legislative
framework for completing this process, as was confirmed in a
letter to the President of the United States;
(9) Ukraine has received normal trade relations treatment
since concluding a bilateral trade agreement with the United
States that entered into force on June 23, 1992;
(10) Ukraine is making progress toward accession to the
World Trade Organization, recognizing that many central issues
remain to be resolved, including commitments relating to
protection of intellectual property rights, tariff and excise
tax reductions for goods (including automobiles), trade in
services, agricultural subsidy levels, elimination of export
incentives for industrial goods, reform of customs procedures
and technical, sanitary, and phytosanitary measures, and
inclusion of trade remedy provisions;
(11) Ukraine has enacted some protections reflecting
internationally recognized labor rights, but serious gaps
remain both in the country's legal regime and its enforcement
record, with areas of particular concern including restrictions
on independent unions, interference in collective bargaining of
independent unions, and unsafe conditions at work;
(12) Ukraine has established exemplary relations with all
neighboring countries, and pursues a course of European
integration with a commitment to ensuring democracy and
prosperity for its citizens; and
(13) Ukraine has participated with the United States in its
peacekeeping operations in Europe and has provided important
cooperation in the global struggle against international
terrorism.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determinations and Extensions of Nondiscriminatory
Treatment.--Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may--
(1) determine that such title should no longer apply to
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of nondiscriminatory
treatment (normal trade relations treatment) to the products of
that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine--
(1) title IV of the Trade Act of 1974, except for section
406, shall cease to apply to that country; and
(2) section 406 of the Trade Act of 1974 shall apply to
Ukraine to the same extent as such section applies to a
Communist country.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States that the United States remain
fully committed to a multifaceted engagement with Ukraine, including
by--
(1) urging Ukraine to continue its current policy--
(A) of providing for the free emigration of its
citizens;
(B) of safeguarding religious liberty throughout
Ukraine;
(C) of enforcing existing Ukrainian laws at the
national and local levels to combat ethnic, religious,
and racial discrimination and violence; and
(D) of expanding the restitution of religious and
communal properties, including establishing a legal
framework for the completion of such restitution in the
future;
(2) working with Ukraine, including through the Secretary
of Labor and other appropriate executive branch officials, to
address the areas described in section 1(11) and ensuring that
progress is made in such areas as part of Ukraine's eligibility
for the Generalized System of Preferences under title V of the
Trade Act of 1974, as required by title V of that Act;
(3) ensuring that Ukraine's terms of accession to the World
Trade Organization provide meaningful market access
opportunities for United States businesses, farmers, and
workers, and promote adoption of market principles and policies
by Ukraine;
(4) ensuring that Ukraine makes substantial and meaningful
progress in enacting and enforcing the protection of
intellectual property before Ukraine joins the World Trade
Organization, and considering such progress as part of
Ukraine's eligibility for the Generalized System of Preferences
under title V of the Trade Act of 1974, as required by title V
of that Act; and
(5) continuing rigorous monitoring by the United States of
human rights issues in Ukraine, including the issues described
in paragraphs (1) and (2), providing assistance to
nongovernmental organizations and human rights groups involved
in human rights activities in Ukraine, and attempting to
establish annual discussions with Ukraine regarding those
issues, including the participation of United States and
Ukrainian nongovernmental organizations in such discussions.
SEC. 4. REPORTING REQUIREMENT.
The reports required by sections 102(b) and 203 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6412(b) and
6433) shall include an assessment of the status of the issues described
in section 3(1). | Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Ukraine.Declares that it is the policy of the United States to remain fully committed to a multifaceted engagement with the Ukraine, including by: (1) urging the Ukraine to continue its policy of providing for the free emigration of its citizens and recognizing human rights; and (2) ensuring that Ukraine's terms of accession to the World Trade Organization provide meaningful market access opportunities for U.S. businesses, farmers, and workers. | {"src": "billsum_train", "title": "To authorize the extension of nondiscriminatory treatment (normal trade relations treatment) to the products of Ukraine, and for other purposes."} | 1,499 | 118 | 0.439399 | 1.264026 | 0.433679 | 5.191919 | 14.484848 | 0.949495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Oversight of Secondary Sales
and Accountability in Concert Ticketing Act of 2016''.
SEC. 2. DEFINITIONS.
As used in this Act the following definitions apply:
(1) The term ``ancillary charges'' means service fees,
convenience charges, parking fees, and other charges associated
with the purchase of a ticket and not included in the base
price of the ticket.
(2) The term ``base price'' means the price charged for a
ticket other than any ancillary charges.
(3) The term ``box office'' means a physical location where
tickets are offered for primary sale.
(4) The term ``bundled series tickets'' means packages of
tickets for multiple events that are part of the same
entertainment series.
(5) The term ``distribution method'' means the manner in
which a primary ticket seller distributes tickets to a
particular event, whether through primary sale, limited presale
promotions, donations to charity, reservations of season ticket
holders, or allocated to the primary ticket seller, team,
artist, or venue.
(6) The term ``face value'' means the total price of a
ticket including both the base price and any ancillary charges.
(7) The term ``primary sale'', with regards to a ticket,
means the initial sale of a ticket that has not been sold
previous to such sale, by a primary ticket seller to the
general public on or after the date advertised such sale.
(8) The term ``primary ticket seller'' means an owner or
operator of a venue or a sports team, a manager or provider of
an event, or a provider of ticketing services (or an agent of
such owner, operator, manager, or provider) that engages in the
primary sale of tickets for an event or retains the authority
to otherwise distribute tickets.
(9) The terms ``resale'' or ``secondary sale'', with
regards to a ticket, mean any sale of a ticket that occurs
after the initial sale of the ticket.
(10) The term ``secondary ticket sales marketplace'' means
a website, software application for a mobile device, any other
digital platform, or portion thereof, whose primary purpose is
to facilitate the resale of tickets to consumers.
(11) The term ``ticket'' means a ticket of admission to a
sporting event, theater, musical performance, or place of
public amusement of any kind.
SEC. 3. RULES ON TRANSPARENCY OF TICKET MARKETING, DISTRIBUTION, AND
PRICING BY PRIMARY TICKET SELLERS.
Not later than 180 days after the date of enactment of this Act,
the Federal Trade Commission shall promulgate rules in accordance with
section 553 of title 5, United States Code, that include the following
requirements and prohibitions with regard to the primary sale,
distribution, and pricing of tickets:
(1) A requirement that a primary ticket seller disclose and
display on the website of such primary ticket seller the total
number of tickets offered for sale by such primary ticket
seller not less than 7 days before the date on which tickets
shall be available for primary sale.
(2) A requirement that a primary ticket seller make
publicly available, not less than 7 days before the day on
which tickets shall be available for primary sale, the total
number and distribution method of all tickets not made
available for sale to the general public, the distribution of
which is the responsibility of that primary ticket seller.
(3) A requirement that the distribution method for each
particular ticket and the date and time of the primary sale be
printed on each such ticket.
(4) A requirement that the primary ticket seller include,
with any listing of the price of a ticket on the primary ticket
seller's website or in any promotional material where the
ticket price is listed, all ancillary charges related to the
purchase of a ticket, and include such charges and the total
cost to the consumer on each individual ticket.
(5) A requirement that a primary ticket seller include all
ancillary charges in any refund of a ticket that is provided
for in the primary ticket seller's refund policies.
(6) A prohibition on requiring that a consumer who has
purchased tickets from a primary ticket seller only be
permitted to resell such tickets in a manner determined by the
primary ticket seller.
(7) A requirement that a primary ticket seller provide a
full refund to any consumer who purchases a nontransferable
ticket if requested by the consumer not later than 1 week prior
to the event.
SEC. 4. RULES FOR SECONDARY TICKET SALES MARKETPLACES.
Not later than 180 days after the date of enactment of this Act,
the Federal Trade Commission shall promulgate rules in accordance with
section 553 of title 5, United States Code, that include the following
requirements and prohibitions with regard to the secondary sale,
distribution, and pricing of tickets:
(1) A requirement that if the secondary ticket sales
marketplace does not possess the ticket at the time of the sale
that such secondary ticket sales marketplace provide--
(A) a clear statement that the secondary ticket
sales marketplace does not possess the ticket; and
(B) an explanation of procedures to be followed by
the purchaser to obtain a refund from the secondary
ticket sales marketplace if the ticket the purchaser
ultimately receives does not match the description of
the ticket by the secondary ticket sales marketplace.
(2) A prohibition on the use of software to circumvent a
security measure, access control system, or other control or
measure on a primary ticket seller's Internet website that is
used by the primary seller to ensure equitable consumer access
to tickets for any given event;
(3) A prohibition on the sale of any ticket knowingly
obtained by a secondary seller in violation of paragraph (2).
(4) A requirement that a secondary ticket sales marketplace
and online resale marketplace disclose upon offering a ticket
for resale--
(A) the distribution method and face value of each
ticket;
(B) the precise location of the seat or space to
which the ticket would entitle the bearer, or, if
information about the precise location of the seat or
space is not available, descriptive information about
the location of the seat or space, such as a
description of a section or other area within the venue
where the seat or space is located; and
(C) if the secondary ticket sales marketplace
purchased the ticket during a public sale of tickets to
the event, the date and time of the purchase of the
ticket by the secondary ticket sales marketplace.
(5) A requirement that an online resale marketplace--
(A) not make any representation of affiliation or
endorsement with a venue, team, or artist, as the case
may be, without the express written consent of the
venue, team, or artist, as applicable, except when it
constitutes fair use and is consistent with applicable
laws; and
(B) post clear and conspicuous notice on the
website of such online resale marketplace that the
website is for the secondary sale of tickets and a
requirement that the user confirm having read such
notice before starting any transaction.
(6) A prohibition on the resale of a ticket by an
individual employee of any venue, primary ticket seller, team,
artist, online resale marketplace, or box office that is
involved in hosting, promoting, performing in, or selling
tickets if such resale--
(A) is for a higher price than face value of the
ticket; or
(B) is made to any third party and the employee has
actual knowledge, or knowledge fairly implied on the
basis of objective circumstances, that the third party
intends to sell the ticket for a higher price than face
value of the ticket.
(7) A requirement that an online resale marketplace
disclose to the consumer when the secondary ticket sales
marketplace of a ticket is the primary ticket seller, venue,
team, or artist associated with the event to which the ticket
relates.
SEC. 5. ENFORCEMENT.
(a) Federal Trade Commission.--A violation of a rule prescribed
pursuant to section 3 or 4 or a violation of section 5(a)(1) shall be
treated as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act.
(b) State Attorneys General.--
(1) In general.--Except as provided in paragraph (6), in
any case in which the attorney general of a State has reason to
believe that an interest of the residents of that State has
been or is threatened or adversely affected by the engagement
of any person in a practice that violates a rule prescribed
under section 3 or 4, the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in an
appropriate district court of the United States or other court
of competent jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the rule;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; and
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--The State shall serve written notice to the
Commission of any civil action under paragraph (1) at least 60
days prior to initiating such civil action. The notice shall
include a copy of the complaint to be filed to initiate such
civil action, except that if it is not feasible for the State
to provide such prior notice, the State shall provide notice
immediately upon instituting such civil action.
(3) Intervention by ftc.--Upon receiving the notice
required by paragraph (2), the Commission may intervene in such
civil action and upon intervening--
(A) be heard on all matters arising in such civil
action;
(B) remove the action to the appropriate United
States district court; and
(C) file petitions for appeal of a decision in such
civil action.
(4) Savings clause.--Nothing in this subsection shall
prevent the attorney general of a State 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 and other evidence. Nothing in this
section shall prohibit the attorney general of a State, or
other authorized State officer, from proceeding in State or
Federal court on the basis of an alleged violation of any civil
or criminal statute of that State.
(5) Venue; service of process; joinder.--In a civil action
brought under paragraph (1)--
(A) the venue shall be a judicial district in which
the defendant or a related party is found, is an
inhabitant, or transacts business, or wherever venue is
proper under section 1391 of title 28, United States
Code;
(B) process may be served without regard to the
territorial limits of the district or of the State in
which the civil action is instituted; and
(C) a person who participated with a defendant or
related party in an alleged violation that is being
litigated in the civil action may be joined in the
civil action without regard to the residence of the
person.
(6) Preemptive action by ftc.--Whenever a civil action or
an administrative action has been instituted by or on behalf of
the Commission for violation of any rule described under
paragraph (1), no State may, during the pendency of such action
instituted by or on behalf of the Commission, institute a civil
action under paragraph (1) against any defendant named in the
complaint in such action for violation of any rule as alleged
in such complaint.
(7) Award of costs and fees.--If a State prevails in any
civil action under paragraph (1), the State can recover
reasonable costs and attorney fees from the lender or related
party.
(c) Private Right of Action.--Any person who suffers injury as a
result of another person's violation of a rule prescribed pursuant to
section 3 or 4, may bring a civil action against such person in a
United States district court and may recover from such person damages
for such injury plus $1,000 for each requirement or prohibited act set
forth in such sections that such person violated with respect to a
ticket sold to the person bringing such action, and reasonable
attorneys' fees and costs.
SEC. 6. NONPREEMPTION.
Nothing in this Act shall affect the authority of any State or
local government to establish or continue in effect a provision of law
of the State or local government relating to the regulation of the
resale of tickets to events or the pricing of such tickets for resale,
except to the extent that such provision is inconsistent with this Act
or a regulation promulgated under this Act, and then only to the extent
of the inconsistency. A provision of law of a State or local government
is not inconsistent with this Act or a regulation promulgated under
this Act if such provision provides equal or greater protection to
consumers than the protection provided under this Act or such
regulation.
SEC. 7. FTC STUDY OF TICKET MARKET.
(a) Study.--The Federal Trade Commission shall conduct a study of
the ticket market to determine--
(1) who is purchasing tickets from primary ticket sellers
and how many of these tickets are later resold by secondary
ticket sales marketplaces;
(2) the impact on consumers of nontransferable tickets and
whether all tickets should be required to be transferable; and
(3) the extent to which automated ticketing-purchasing
programs and other computer software is used to purchase
tickets or circumvent ticketing website safeguards used by
primary ticket sellers.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Commission shall transmit a report to Congress containing
the findings of the study. | Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2016 This bill directs the Federal Trade Commission (FTC) to promulgate rules for the primary or secondary sale, distribution, or pricing of tickets for sporting events, theater, musical performances, or places of public amusement. For primary sales, sellers must: (1) disclose at least seven days prior to sale, the total number of tickets the seller is offering and the total number and distribution method of tickets not available to the general public; (2) print on each ticket the distribution method, date, and time of the primary sale; (3) disclose service fees, convenience charges, and parking fees and provide refunds for such charges; and (4) provide full refunds for nontransferable tickets if requested by the consumer by one week prior to the event. Primary sellers are prohibited from requiring that consumers only be permitted to resell tickets in a manner determined by the primary seller. For secondary sales, the secondary ticket sales marketplace must: (1) disclose if it does not possess the ticket at the time of sale, and (2) explain refund procedures if the ticket received does not match the description by the secondary marketplace. The secondary sales rules must prohibit the use of software to circumvent a security system or access control measure on a primary ticket seller's website that is used to ensure equitable consumer access to tickets. The secondary marketplace must disclose: (1) the distribution method and face value of each ticket; (2) the location of the seats or space; and (3) if the marketplace purchased the ticket during a public sale, the date and time of the purchase by the secondary marketplace. Online marketplace resellers are: (1) prohibited from representing an affiliation or endorsement with venues, teams, or artists without their consent, except when it constitutes fair use; and (2) required to post notice on their websites indicating that they are conducting secondary sales and requiring users to confirm having read such notice before starting a transaction. Individual employees of venues, primary ticket sellers, teams, artists, online resale marketplaces, or box offices are prohibited from reselling tickets: (1) for higher than face value, or (2) to third parties for resale for higher than face value. Online marketplace resellers must disclose when the secondary marketplace of a ticket is the primary ticket seller, venue, team, or artist associated with the event. The FTC and states are provided authority to enforce against violations. Persons may bring private civil actions to recover damages for injuries from violations. | {"src": "billsum_train", "title": "Better Oversight of Secondary Sales and Accountability in Concert Ticketing Act of 2016"} | 3,050 | 521 | 0.679949 | 2.204394 | 0.732627 | 3.083665 | 5.830677 | 0.908367 |
SECTION 1. EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2016'' in subparagraph (A)(iv)
and inserting ``January 1, 2018'', and
(2) by striking ``January 1, 2015'' each place it appears
and inserting ``January 1, 2017''.
(b) Special Rule for Federal Long-Term Contracts.--Clause (ii) of
section 460(c)(6)(B) of the Internal Revenue Code of 1986 is amended by
striking ``January 1, 2015 (January 1, 2016'' and inserting ``January
1, 2017 (January 1, 2018''.
(c) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of the
Internal Revenue Code of 1986 is amended by striking ``January
1, 2015'' and inserting ``January 1, 2017''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``Pre-january 1, 2015'' and
inserting ``Pre-january 1, 2017''.
(3) Section 168(k)(4)(D)(iii)(II) of such Code is amended
by striking ``January 1, 2015'' and inserting ``January 1,
2017''.
(4) Section 168(l)(4) of such Code is amended by striking
``and'' at the end of subparagraph (A), by redesignating
subparagraph (B) as subparagraph (C), and by inserting after
subparagraph (A) the following new subparagraph:
``(B) by substituting `January 1, 2015' for
`January 1, 2017' in clause (i) thereof, and''.
(5) Clause (ii) of section 168(n)(2)(C) of such Code is
amended by striking ``January 1, 2015'' and inserting ``January
1, 2017''.
(6) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2015'' and inserting ``January
1, 2017''.
(7) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2015'' and inserting ``January
1, 2017''.
(d) Election To Accelerate the AMT Credit in Lieu of Bonus
Depreciation.--Paragraph (4) of section 168(k) of such Code is amended
by adding at the end the following new subparagraph:
``(L) Special rules for round 5 extension
property.--
``(i) In general.--In the case of any round
5 extension property, in applying this
paragraph to any taxpayer, the limitation
described in subparagraph (B)(i) and the
business credit increase amount under
subparagraph (E)(iii) thereof shall not apply,
and the bonus depreciation amount, maximum
amount, and maximum increase amount--
``(I) shall be computed separately
from amounts computed with respect to
eligible qualified property which is
not round 5 extension property, and
``(II) shall be computed separately
with respect to round 5 extension
property placed in service before
January 1, 2016 (January 1, 2017, in
the case of property described in
subparagraph (B) or (C) of paragraph
(2)) and with respect to other round 5
extension property.
``(ii) Election.--
``(I) A taxpayer who has an
election in effect under this paragraph
for round 4 extension property shall be
treated as having an election in effect
for round 5 extension property unless
the taxpayer elects to not have this
paragraph apply to round 5 extension
property.
``(II) A taxpayer who does not have
an election in effect under this
paragraph for round 4 extension
property may elect to have this
paragraph apply to round 5 extension
property.
``(iii) Round 5 extension property.--For
purposes of this subparagraph, the term `round
5 extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 1 of the Act
entitled `an Act to amend the Internal Revenue
Code of 1986 to increase the limitation on the
election to accelerate the AMT credit in lieu
of bonus depreciation for 2015 and 2016, and
for other purposes' (and the application of
such extension to this paragraph pursuant to
the amendment made by section 1(d) of such
Act).
``(iv) Special maximum increase amount.--In
the case of round 5 extension property placed
in service by a corporation, subparagraph
(C)(iii) shall not apply and the term `maximum
increase amount' shall mean an amount equal to
the lesser of--
``(I) 50 percent of the minimum tax
credit under section 53(b) for the
first taxable year ending after
December 31, 2014, or
``(II) the minimum tax credit under
section 53(b) for such taxable year
determined by taking into account only
the adjusted net minimum tax for
taxable years ending before January 1,
2015 (determined by treating credits as
allowed on a first-in, first-out
basis).''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014, in taxable
years ending after such date. | Amends the Internal Revenue Code to: (1) extend through 2016 the special depreciation allowance for business assets (bonus depreciation), and (2) increase the limitation on the election to accelerate the alternative minimum tax credit in lieu of bonus depreciation for 2015 and 2016. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase the limitation on the election to accelerate the AMT credit in lieu of bonus depreciation for 2015 and 2016, and for other purposes."} | 1,224 | 65 | 0.486613 | 1.192478 | 0.13452 | 2.882353 | 22.156863 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiomyopathy Health Education,
Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of
2011''.
SEC. 2. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND AWARENESS OF
CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS, EDUCATORS,
AND FAMILIES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following new
section:
``SEC. 399V-6. MATERIALS AND RESOURCES TO INCREASE EDUCATION AND
AWARENESS OF CARDIOMYOPATHY AMONG SCHOOL ADMINISTRATORS,
EDUCATORS, AND FAMILIES.
``(a) Materials and Resources.--Not later than 18 months after the
date of the enactment of this section, the Secretary of Health and
Human Services (in this section referred to as the `Secretary'), in
conjunction with the Director of the Centers for Disease Control and
Prevention (in this section referred to as the `Director') and in
consultation with national patient advocacy and health professional
organizations expert in all forms of cardiomyopathy, shall develop
public education and awareness materials and resources to be
disseminated to school administrators, educators, school health
professionals, coaches, families, and other appropriate individuals.
The materials and resources shall include--
``(1) background information to increase education and
awareness of cardiomyopathy among school administrators,
educators, and families;
``(2) a cardiomyopathy risk assessment worksheet for use by
parents, guardians, or other caregivers;
``(3) guidelines regarding the placement of automated
external defibrillators in schools and child care centers;
``(4) training information on automated external
defibrillators and cardiopulmonary resuscitation; and
``(5) recommendations for how schools and child care
centers can develop and implement a cardiac emergency response
plan.
``(b) Development of Materials and Resources.--The Secretary,
through the Director, shall develop and update as necessary and
appropriate the materials and resources under subsection (a) and, in
support of such effort, the Secretary is encouraged to--
``(1) establish an advisory panel composed of--
``(A) representatives from multiple national
patient advocacy organizations and medical
professionals expert in all forms of cardiomyopathy;
``(B) a representative from the Centers for Disease
Control and Prevention; and
``(C) representatives from other relevant Federal
agencies; and
``(2) engage in a memorandum of understanding or
cooperative agreement with a national nonprofit advocacy
organization expert in all forms of cardiomyopathy.
``(c) Dissemination of Materials and Resources.--Not later than 30
months after the date of the enactment of this section, the Secretary,
through the Director, shall disseminate the materials and resources
under subsection (a) in accordance with the following:
``(1) Distribution by state education agencies.--The
Secretary shall make available such materials and resources to
State educational agencies to distribute--
``(A) to school administrators, educators, school
health professionals, coaches and parents, guardians,
or other caregivers, the cardiomyopathy education and
awareness materials and resources under subsection (a);
``(B) to parents, guardians, or other caregivers,
the cardiomyopathy risk assessment worksheet described
in subsection (a)(2); and
``(C) to school administrators and school health
professionals, the--
``(i) guidelines described in subsection
(a)(3);
``(ii) training information described in
subsection (a)(4); and
``(iii) recommendations described in
subsection (a)(5).
``(2) Dissemination to health departments and
professionals.--The Secretary shall make available such
materials and resources to State and local health departments,
pediatricians, hospitals, and other health professionals, such
as nurses and first responders.
``(3) Posting on website.--
``(A) CDC.--
``(i) In general.--The Secretary, through
the Director, shall post the materials and
resources developed under subsection (a) on the
public Internet website of the Centers for
Disease Control and Prevention.
``(ii) Additional information.--The
Director is encouraged to maintain on such
public Internet website such additional
information regarding cardiomyopathy as deemed
appropriate by the Director.
``(B) State education agencies.--State educational
agencies are encouraged to create public Internet
webpages dedicated to cardiomyopathy and post the
materials and resources developed under subsection (a)
on such webpages.
``(d) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report identifying the steps taken to increase
public education and awareness of cardiomyopathy as outlined under this
section.
``(e) Definitions.--For purposes of this section:
``(1) Cardiomyopathy.--The term `cardiomyopathy' means a
rare heart condition, which is a disease of the heart muscle
(myocardium)--
``(A) the symptoms of which may vary from case to
case, including--
``(i) in some cases, the presentation of no
symptoms (asymptomatic);
``(ii) in many cases, the symptoms of a
progressive condition that may result in an
impaired ability of the heart to pump blood,
fatigue, irregular heart-beats (arrhythmia),
and, potentially, sudden cardiac death or heart
failure; and
``(B) the recognized types of which include
dilated, hypertrophic, restrictive, arrhythmogenic
right ventricular dysplasia, and left ventricular
noncompaction.
``(2) School administrators.--The term `school
administrator' means a principal, director, manager, or other
supervisor or leader within an elementary school or secondary
school (as such terms are defined under section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)), State-based early education program, or child care
center.
``(3) Schools.--The term `school' means an early education
program, child care center, or elementary school or secondary
school (as such terms are so defined).
``(4) National nonprofit advocacy organizations expert in
all forms of cardiomyopathy.--The term `national nonprofit
advocacy organizations expert in all forms of cardiomyopathy'
means organizations that provide support services to families
or fund research, and work to increase public awareness and
education regarding all types of cardiomyopathy.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $1,000,000 for fiscal year
2013, $750,000 for fiscal year 2014, and $500,000 for each of fiscal
years 2015 through 2017.''. | Cardiomyopathy Health Education, Awareness, Risk Assessment, and Training in the Schools (HEARTS) Act of 2011 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS), in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), to develop and provide for dissemination to school administrators, educators, school health professionals, coaches, and families, as well as to state and local health departments, pediatricians, hospitals, and other health professionals, of public education and awareness materials and resources that include: (1) background information to increase education and awareness of cardiomyopathy; (2) a cardiomyopathy risk assessment worksheet for use by parents, guardians, or other caregivers; (3) guidelines regarding the placement of automated external defibrillators in schools and child care centers; (4) training information on defibrillators and cardiopulmonary resuscitation; and (5) recommendations for how schools and child care centers can develop and implement a cardiac emergency response plan.
Encourages the Secretary, in support of such effort, to: (1) establish an advisory panel, and (2) engage in a memorandum of understanding or cooperative agreement with a national nonprofit advocacy organization expert in all forms of cardiomyopathy. | {"src": "billsum_train", "title": "To amend title III of the Public Health Service Act to authorize and support the creation of cardiomyopathy education, awareness, and risk assessment materials and resources by the Secretary of Health and Human Services through the Centers for Disease Control and Prevention and the dissemination of such materials and resources by State educational agencies to identify more at-risk families."} | 1,543 | 265 | 0.772529 | 2.378405 | 1.027243 | 7.168067 | 5.777311 | 0.97479 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Participation in Regulations
Act of 2017''.
SEC. 2. ADVANCE NOTICE OF PROPOSED RULE MAKING.
Subchapter II of chapter 5 of title 5, United States Code, is
amended--
(1) in section 551--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(15) `major rule' means any rule that the Administrator
of the Office of Information and Regulatory Affairs determines
is likely to impose--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State,
local, or tribal government agencies, or geographic
regions; or
``(C) significant effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets; and
``(16) the `Office of Information and Regulatory Affairs'
means the office established under section 3503 of chapter 35
of title 44 and any successor to that office.''; and
(2) in section 553, by adding at the end the following:
``(f) Advance Notice of Proposed Rule Making for Major Rules.--
``(1) In general.--Except as provided in paragraph (3), not
later than 90 days before the date on which an agency publishes
a notice of proposed rule making for a major rule in the
Federal Register, the agency shall publish an advance notice of
proposed rule making for the major rule in the Federal
Register.
``(2) Requirements.--An advance notice of proposed rule
making published under paragraph (1) shall--
``(A) include a written statement identifying, at a
minimum--
``(i) the nature and significance of the
problem the agency may address with a major
rule, including data and other evidence and
information on which the agency expects to rely
for the proposed major rule;
``(ii) a general description of regulatory
alternatives under consideration;
``(iii) the legal authority under which a
major rule may be proposed, including whether a
rule making is required by statute, and if so,
whether by a specific date, or whether the
agency has discretion to commence a rule
making; and
``(iv) an achievable objective for the
major rule and metrics by which the agency
expects to measure progress toward that
objective;
``(B) solicit written data, views, and argument
from interested persons concerning the information and
issues addressed in the advance notice; and
``(C) provide for a period of not less than 60 days
for interested persons to submit such written data,
views, or argument to the agency.
``(3) Exceptions.--This subsection shall not apply to a
major rule if--
``(A) the agency proposing the major rule is not
required to publish a notice of proposed rule making in
the Federal Register for the major rule under
subsection (b) (3)(B);
``(B) the Administrator of the Office of
Information and Regulatory Affairs determines that
complying with the requirements described in this
subsection--
``(i) would not serve the public interest;
or
``(ii) would be unduly burdensome and
duplicative of processes required by specific
statutory requirements as rigorous as those
prescribed in paragraph (2); or
``(C) the agency proposing the major rule is
otherwise specifically exempted by law from the notice
and comment rule making procedures under this section.
``(4) Judicial review.--
``(A) In general.--A determination made by the
Administrator of the Office of Information and
Regulatory Affairs in accordance with paragraph (3)(B)
shall not be subject to judicial review.
``(B) Arbitrary and capricious.--Any deviation
between policies set forth in the written statement of
an agency under paragraph (2)(A) and any final agency
action shall not be considered arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance
with the law under section 706(2)(A).''. | Early Participation in Regulations Act of 2017 This bill directs agencies to publish advance notice of a proposed rulemaking not later than 90 days before publishing a notice of proposed rulemaking for a major rule that the Office of Information and Regulatory Affairs (OIRA) determines is likely to impose: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S. enterprises to compete with foreign-based enterprises. The advance notice shall: include a written statement identifying the nature and significance of the problem to be addressed, a general description of regulatory alternatives, the legal authority under which the rule is proposed, and an achievable objective for the rule and metrics by which the agency expects to measure progress toward that objective; and solicit and provide a period of at least 60 days for submission of written data, views, and argument from interested persons. Any deviation between policies set forth in such statement and any final agency action shall not be considered arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the Administrative Procedure Act. The bill is inapplicable to a major rule: for which the proposing agency is not required to publish a notice of proposed rulemaking, if OIRA determines that complying with the requirements described in this bill would not serve the public interest or would be unduly burdensome and duplicative of processes required by specific statutory requirements as rigorous as those prescribed in this bill, or if the agency proposing the major rule is otherwise specifically exempted by law from notice and comment rule making procedures. Such a determination made by OIRA shall not be subject to judicial review. | {"src": "billsum_train", "title": "Early Participation in Regulations Act of 2017"} | 957 | 391 | 0.675294 | 2.044711 | 0.858762 | 4.324859 | 2.627119 | 0.935028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Equity Act of 2011''.
SEC. 2. DEDUCTION FOR HEALTH INSURANCE COSTS IN COMPUTING SELF-
EMPLOYMENT TAXES MADE PERMANENT.
(a) In General.--Subsection (l) of section 162 of the Internal
Revenue Code of 1986 is amended by striking paragraph (4) and by
redesignating paragraph (5) as paragraph (4).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF INDIVIDUALS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. COSTS OF QUALIFIED HEALTH INSURANCE.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid during the
taxable year for coverage for the taxpayer, his spouse, and dependents
under qualified health insurance.
``(b) Qualified Health Insurance.--For purposes of this section--
``(1) In general.--The term `qualified health insurance'
means insurance which constitutes medical care.
``(2) Exception.--
``(A) In general.--Paragraph (1) shall not apply to
insurance substantially all of the coverage of which is
of excepted benefits described in section 9832(c).
``(B) Vision and dental benefits allowed.--
Subparagraph (A) shall not apply to benefits described
in section 9832(c)(2)(A).
``(c) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance to which subsection (a)
applies shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section 162(l)
or 213(a). Any amount taken into account in determining the
credit allowed under section 35 or 36B shall not be taken into
account for purposes of this section.
``(2) Deduction not allowed for self-employment tax
purposes.--The deduction allowable by reason of this section
shall not be taken into account in determining an individual's
net earnings from self-employment (within the meaning of
section 1402(a)) for purposes of chapter 2.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Costs of qualified health insurance.--The deduction
allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and
inserting before such item the following new item:
``Sec. 224. Costs of qualified health insurance.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.
SEC. 4. FITNESS PROGRAMS, ATHLETIC CLUBS, FITNESS EQUIPMENT, AND WEIGHT
LOSS PROGRAMS TREATED AS MEDICAL CARE.
(a) Tax Benefits Using Definition of Medical Care.--Subsection (d)
of section 213 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(12) Fitness programs, athletic clubs, fitness equipment,
weight loss programs.--
``(A) In general.--An amount paid in connection
with a membership in a fitness program or athletic
club, fitness equipment, or weight loss program shall
be treated as an amount paid for medical care.
``(B) Limitation.--The amount taken into account
under subsection (a) by reason of subparagraph (A) for
any taxable year shall not exceed $1,200.''.
(b) Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by adding at the end
the following:
``(g) Fitness Programs, Athletic Clubs, Fitness Equipment, Weight
Loss Programs.--For purposes of this section and section 105--
``(1) In general.--Reimbursement for expenses incurred for
membership in a fitness program or athletic club, fitness
equipment, or weight loss program shall be treated as a
reimbursement for medical expenses.
``(2) Limitation.--The amount taken into account under
paragraph (1) for any taxable year shall not exceed $1,200.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid in taxable years beginning after December 31,
2010. | Health Equity Act of 2011 - Amends the Internal Revenue Code to: (1) make permanent the tax deduction allowed to self-employed individuals for health insurance costs; (2) allow a new tax deduction for the health care insurance costs of a taxpayer, the taxpayer's spouse, and dependents; and (3) expand the tax deduction for medical expenses to include costs for a membership in a fitness program or athletic club, fitness equipment, or weight loss program up to $1,200 in a taxable year and allow tax-free reimbursements for such expenses up to $1,200 a year under flexible spending arrangements and health reimbursement arrangements. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for equity relating to medical costs."} | 1,167 | 132 | 0.539836 | 1.421103 | 0.589172 | 2.872 | 7.64 | 0.872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Transit Authority Pilot
Procurement Authorization Act of 2001''.
SEC. 2. DEFINITIONS.
(a) Heavy-Duty Transit Bus.--The term ``heavy-duty transit bus''
has the same meaning given that term in the American Public
Transportation Association Standard Procurement Guideline
Specifications, dated March 25, 1999 and July 3, 2001, and as contained
in the General Services Administration Solicitation FFAH-B1-002272-N.
(b) Intercity Coach.--The term ``intercity coach'' has the meaning
given that term in the General Services Administration Solicitation
FFAH-B1-002272-N, section 1-4B, Amendment number 2, dated June 6, 2000.
SEC. 3. PILOT PROGRAM FOR SALE TO PUBLIC TRANSIT AUTHORITIES.
(a) In General.--The Federal Transit Administration of the
Department of Transportation shall carry out a pilot program to
facilitate and accelerate the procurement of heavy-duty transit buses
and intercity coaches by State, local, and regional transportation
authorities that are recipients of Federal Transit Administration
assistance or grants where Federal funds provide the majority of the
funding for the bus procurement, through existing or new or modified
contracts with the General Services Administration. The transit
authorities shall obtain Federal Transit Administration approval prior
to placement of orders.
(b) Reopening of Solicitation for Heavy-Duty Transit and Intercity
Coaches.--Notwithstanding any other provision of law or Federal
regulation, the General Services Administration Solicitation FFAH-B1-
002272-N shall be reopened to all qualified heavy-duty transit bus and
intercity coach manufacturing companies to bid for contracts to sell
such buses and coaches to State, local, and regional transportation
authorities that are recipients of Federal Transit Administration
assistance or grants where Federal funds provide the majority of the
funding for the bus procurement.
(c) Modifications of Existing GSA Contracts.--Notwithstanding any
other provision of law or Federal regulation, heavy-duty transit bus
manufacturing companies and intercity coach manufacturing companies who
have existing contracts awarded by the General Services Administration
under Solicitation FFAH-B1-002272-N prior to the date of enactment of
this Act, shall be allowed to modify or restructure their bids
incorporated in such contracts to respond to prospective sales of
heavy-duty transit buses and intercity coaches to State, local, and
regional transportation authorities that are recipients of Federal
Transit Administration assistance or grants where Federal funds provide
the majority of the funding for the bus procurement.
(d) Authority To Purchase From Existing and New Contracts.--
Notwithstanding any other provision of law or Federal regulation,
State, local, and regional transportation authorities that are
recipients of Federal Transit Administration assistance or grants where
Federal funds provide the majority of the funding for the bus
procurement are authorized to purchase heavy-duty transit buses and
intercity coaches from--
(1) existing contracts;
(2) existing contracts as modified pursuant to subsection
(c); and
(3) new contracts awarded by the General Services
Administration under the original or reopened Solicitation
FFAH-B1-002272-N.
(e) Termination.--The pilot program carried out under this Act
shall terminate on December 31, 2006.
SEC. 4. ESTABLISHMENT OF MULTIPLE AWARD SCHEDULE BY GSA.
Not later than December 31, 2003, the General Services
Administration, with assistance from and consultation with, the Federal
Transit Administration, shall establish and publish a multiple award
schedule for heavy-duty transit buses and intercity coaches which shall
permit Federal agencies and State, regional, or local transportation
authorities that are recipients of Federal Transit Administration
assistance or grants where Federal funds provide the majority of the
funding for the bus procurement, or other ordering entities, to acquire
heavy-duty transit buses and intercity motor coaches under those
schedules.
SEC. 5. REPORTING REQUIREMENTS.
(a) In General.--The Administrator of the Federal Transit
Administration and the Administrator of General Services shall submit a
joint report quarterly, in writing, to the Committee on Banking,
Housing, and Urban Affairs of the Senate, and the Committee on
Transportation and Infrastructure of the House of Representatives.
(b) Contents.--The report required to be submitted under subsection
(a) shall describe, with specificity--
(1) all measures being taken to accelerate the processes
authorized under this Act, including estimates on the effect of
this Act on job retention in the bus and intercity coach
manufacturing industry;
(2) job creation in the bus and intercity coach
manufacturing industry as a result of the authorities provided
under this Act; and
(3) bus and intercity coach manufacturing economic growth
in those States and localities that have participated in the
pilot program to be carried out under this Act.
SEC. 6. COMPLIANCE WITH OTHER LAW.
Except as otherwise specifically provided in this Act, this Act
shall be carried out in accordance with all applicable Federal transit
laws and requirements. | Public Transit Authority Pilot Procurement Authorization Act of 2001 - Directs the Federal Transit Administration (FTA) of the Department of Transportation to carry out a pilot program to facilitate and accelerate procurement of certain buses by State, local, and regional authorities in cases where Federal funds form the majority of the funding for the procurement.Directs the General Services Administration (GSA) to reopen bids for companies to supply such vehicles to relevant State, local, and regional authorities. Directs that not later than December 31, 2003, the GSA and the FTA shall publish a multiple award schedule which shall allow affected State, local, and regional authorities, Federal agencies or other ordering entities to acquire such vehicles. | {"src": "billsum_train", "title": "A bill to authorize a pilot program for purchasing buses by public transit authorities that are recipients of assistance or grants from the Federal Transit Administration."} | 1,073 | 147 | 0.552342 | 1.614456 | 0.649992 | 3.603053 | 7.610687 | 0.885496 |
SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.
(a) Amendments Relating to Title II Disability Benefits.--
(1) In general.--Section 225(c) of the Social Security Act
(42 U.S.C. 425(c)) is amended--
(A) by striking ``(c)(1)(A)'' and inserting
``(2)(A)'';
(B) by striking paragraph (7) and by redesignating
paragraphs (2) through (6) as paragraphs (3) through
(7), respectively; and
(C) by inserting before paragraph (2) as
redesignated by subparagraph (A) the following new
paragraph:
``(c)(1) No cash benefits shall be payable under this title to any
individual who is otherwise entitled to benefits under this title based
on disability, if such individual's alcoholism or drug addiction is a
contributing factor material to the Commissioner's determination that
such individual is disabled.''.
(2) Treatment Requirements.--
(A) Section 225(c)(2)(A) of such Act (42 U.S.C.
425(c)(2)(A)), as redesignated by paragraph (1), is
amended to read as follows:
``(2)(A)(i) Any individual who would be entitled to cash benefits
under this title but for the application of paragraph (1) may elect to
comply with the provisions of this subsection.
``(ii) Any individual who is entitled to cash benefits
under this title by reason of disability (or whose entitlement
to such benefits is suspended), and who was entitled to such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
paragraph takes effect, shall be required to comply with the
provisions of this subsection.
(B) Section 225(c)(2)(B) of such Act (42 U.S.C.
425(c)(2)(B)), as so redesignated, is amended--
(i) by striking ``who is required under
subparagraph (A)'' and inserting ``described in
clause (ii) of subparagraph (A) who is
required''; and
(ii) by striking ``paragraph (3)'' and
inserting ``paragraph (4)''.
(C) Section 225(c)(3)(A) of such Act (42 U.S.C.
425(c)(3)(A)), as so redesignated, is amended--
(i) by striking ``paragraph (1)'' and
inserting ``paragraph (2)(A)''; and
(ii) by striking ``paragraph (5)'' and
inserting ``paragraph (6)''.
(D) Section 225(c)(3)(B) of such Act (42 U.S.C.
425(c)(3)(B)), as so redesignated, is amended by
striking ``paragraph (1)'' and inserting ``paragraph
(2)(A)''.
(E) Section 225(c)(5) of such Act (42 U.S.C.
425(c)(5)), as so redesignated, is amended by striking
``paragraph (2)'' and inserting ``paragraph (3)''.
(F) Section 225(c)(6)(A) of such Act (42 U.S.C.
425(c)(6)(A), as so redesignated, is amended--
(i) by striking ``who are receiving
benefits under this title and who as a
condition of payment of such benefits'' and
inserting ``described in paragraph (2)(A)(i)
who elect to undergo treatment; and the
monitoring and testing of all individuals
described in paragraph (2)(A)(ii) who'';
(ii) by striking ``under paragraph (1)'';
and
(iii) by striking ``paragraph (2)(A)'' and
inserting ``paragraph (3)(A)''.
(G) Section 225(c)(6)(C)(ii)(I) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, is
amended--
(i) by striking ``residing in the State''
and all that follows through ``they are
disabled'' and inserting ``described in
paragraph (2)(A) residing in the State''; and
(ii) by striking ``paragraph (2)(A)'' and
inserting ``paragraph (3)(A)''.
(H) Section 225(c)(6)(C)(ii)(III) of such Act (42
U.S.C. 425(c)(6)(C)(ii)(III)), as so redesignated, is
amended by striking ``paragraph (2)(A)'' and inserting
``paragraph (3)(A)''.
(I) Section 225(c)(6)(C) of such Act (42 U.S.C.
425(c)(6)(C)), as so redesignated, is amended by adding
at the end the following:
``(iii) The monitoring requirements of clause (ii) shall not apply
in the case of any individual described in paragraph (2)(A)(i) who
fails to comply with the requirements of paragraph (2).''.
(J) Section 225(c)(7) of such Act (42 U.S.C.
425(c)(7)), as so redesignated, is amended--
(i) in subparagraph (A), by striking ``who
is entitled'' and all that follows through ``is
under a disability'' and inserting ``described
in paragraph (2)(A)''; and
(ii) in subparagraph (D), by striking ``(4)
or (7)'' and inserting ``(5)''.
(K) Section 225(c)(8) of such Act (42 U.S.C.
425(c)(8)) is amended by striking ``(1), (4) or (7)''
and inserting ``(2) or (5)''.
(L) Section 225(c) of such Act (42 U.S.C. 425(c))
is amended by adding at the end the following new
paragraphs:
``(10) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
paragraph (1) and the treatment provisions contained in paragraph (2).
``(11) The requirements of paragraph (2) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 205(j)(1)(B) of such Act (42 U.S.C.
405(j)(1)(B)) is amended to read as follows:
``(B) In the case of an individual entitled to benefits based on
disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security determines
that such payment would serve the interest of the individual because
the individual also has an alcoholism or drug addiction condition (as
determined by the Commissioner) and the individual is incapable of
managing such benefits.''.
(B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C.
405(j)(2)(C)(v)) is amended by striking ``entitled to
benefits'' and all that follows through ``under a
disability'' and inserting ``described in paragraph
(1)(B)''.
(C) Section 205(j)(2)(D)(ii)(II) of such Act (42
U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all
that follows ``15 years, or'' and inserting ``described
in paragraph (1)(B).''.
(D) Section 205(j)(4)(A)(i)(II) of such Act (42
U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking
``entitled to benefits'' and all that follows through
``under a disability'' and inserting ``described in
paragraph (1)(B)''.
(b) Amendments Relating to SSI Benefits.--
(1) In general.--Section 1611(e)(3) of the Social Security
Act (42 U.S.C. 1382(e)(3)) is amended--
(A) by striking ``(B)'' and inserting ``(C)'';
(B) by striking ``(3)(A)'' and inserting ``(B)'';
and
(C) by inserting before subparagraph (B) as
redesignated by paragraph (2) the following new
subparagraph:
``(3)(A) No cash benefits shall be payable under this title to any
individual who is otherwise eligible for benefits under this title by
reason of disability, if such individual's alcoholism or drug addiction
is a contributing factor material to the Commissioner's determination
that such individual is disabled.''.
(2) Treatment requirements.--
(A) Section 1611(e)(3)(B)(i)(I) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by
paragraph (1), is amended to read as follows:
``(B)(i)(I)(aa) Any individual who would be eligible for cash
benefits under this title but for the application of subparagraph (A)
may elect to comply with the provisions of this subparagraph.
``(bb) Any individual who is eligible for cash benefits
under this title by reason of disability (or whose eligibility
for such benefits is suspended) or is eligible for benefits
pursuant to section 1619(b), and who was eligible for such
benefits by reason of disability, for which such individual's
alcoholism or drug addiction was a contributing factor material
to the Commissioner's determination that such individual was
disabled, for the month preceding the month in which this
subparagraph takes effect, shall be required to comply with the
provisions of this subparagraph.''.
(B) Section 1611(e)(3)(B)(i)(II) of such Act (42
U.S.C. 1382(e)(3)(B)(i)(II)), as so redesignated, is
amended by striking ``who is required under subclause
(I)'' and inserting ``described in division (bb) of
subclause (I) who is required''.
(C) Subclauses (I) and (II) of section
1611(e)(3)(B)(ii) of such Act (42 U.S.C.
1382(e)(3)(B)(ii)), as so redesignated, are each
amended by striking ``clause (i)'' and inserting
``clause (i)(I)''.
(D) Section 1611(e)(3)(B) of such Act (42 U.S.C.
1382(e)(3)(B)), as so redesignated, is amended by
striking clause (v) and by redesignating clause (vi) as
clause (v).
(E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C.
1382(e)(3)(B)(v)), as redesignated by subparagraph (D),
is amended--
(i) in subclause (I), by striking ``who is
eligible'' and all that follows through ``is
disabled'' and inserting ``described in clause
(i)(I)''; and
(ii) in subclause (V), by striking ``or
(v)''.
(F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C.
1382(e)(3)(C)(i)), as redesignated by paragraph (1), is
amended by striking ``who are receiving benefits under
this title and who as a condition of such benefits''
and inserting ``described in subparagraph (B)(i)(I)(aa)
who elect to undergo treatment; and the monitoring and
testing of all individuals described in subparagraph
(B)(i)(I)(bb) who''.
(G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act
(42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so
redesignated, is amended by striking ``residing in the
State'' and all that follows through ``they are
disabled'' and inserting ``described in subparagraph
(B)(i)(I) residing in the State''.
(H) Section 1611(e)(3)(C)(iii) of such Act (42
U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is
amended by adding at the end the following:
``(III) The monitoring requirements of subclause (II) shall not
apply in the case of any individual described in subparagraph
(B)(i)(I)(aa) who fails to comply with the requirements of subparagraph
(B).''.
(I) Section 1611(e)(3) of such Act (42 U.S.C.
1382(e)(3)), as amended by paragraph (1), is amended by
adding at the end the following new subparagraphs:
``(D) The Commissioner shall provide appropriate notification to
each individual subject to the limitation on cash benefits contained in
subparagraph (A) and the treatment provisions contained in subparagraph
(B).
``(E) The requirements of subparagraph (B) shall cease to apply to
any individual if the Commissioner determines that such individual no
longer needs treatment.''.
(3) Representative payee requirements.--
(A) Section 1631(a)(2)(A)(ii)(II) of such Act (42
U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as
follows:
``(II) In the case of an individual eligible for benefits under
this title by reason of disability, the payment of such benefits shall
be made to a representative payee if the Commissioner of Social
Security determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or drug
addiction condition (as determined by the Commissioner) and the
individual is incapable of managing such benefits.''.
(B) Section 1631(a)(2)(B)(vii) of such Act (42
U.S.C. 1383(a)(2)(B)(vii)) is amended by striking
``eligible for benefits'' and all that follows through
``is disabled'' and inserting ``described in
subparagraph (A)(ii)(II)''.
(C) Section 1631(a)(2)(B)(ix)(II) of such Act (42
U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking
all that follows ``15 years, or'' and inserting
``described in subparagraph (A)(ii)(II).''.
(D) Section 1631(a)(2)(D)(i)(II) of such Act (42
U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking
``eligible for benefits'' and all that follows through
``is disabled'' and inserting ``described in
subparagraph (A)(ii)(II)''.
(4) Preservation of medicaid eligibility.--Section 1634(e)
of such Act (42 U.S.C. 1382(e)) is amended--
(A) by striking ``clause (i) or (v) of section
1611(e)(3)(A)'' and inserting ``subparagraph (A) or
subparagraph (B)(i)(II) of section 1611(e)(3)''; and
(B) by adding at the end the following: ``This
subsection shall cease to apply to any such person if
the Commissioner determines that such person no longer
needs treatment.''.
(5) Conforming amendment.--Section 201(c) of the Social
Security Independence and Program Improvements Act of 1994 (42
U.S.C. 425 note) is repealed.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to applicants for
benefits under title II or title XVI of the Social Security Act
for months beginning on or after the date of the enactment of
this Act, without regard to whether regulations have been
issued to implement such amendments.
(2) Application to current recipients.--Notwithstanding any
other provision of law, in the case of an individual who is
receiving benefits under title II of the Social Security Act or
supplemental security income benefits under title XVI of such
Act as of the date of the enactment of this Act and whose
entitlement or eligibility for such benefits would terminate by
reason of the amendments made by this section, such amendments
shall apply with respect to the benefits of such individual for
months beginning on or after January 1, 1997, and the
Commissioner of Social Security shall so notify the individual
not later than 90 days after the date of the enactment of this
Act.
(3) Benefits under title xvi.--For purposes of this
subsection, the term ``benefits under title XVI of the Social
Security Act'' includes supplementary payments pursuant to an
agreement for Federal administration under section 1616(a) of
the Social Security Act, and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93-66. | Denies monthly cash disability benefits under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI), respectively, of the Social Security Act for drug addicts and alcoholics whose substance abuse is a contributing factor material to their disability. Allows such individuals, instead, to elect to undergo treatment for their substance abuse. (Currently, such recipients are required to undergo treatment only at approved facilities or institutions.)
Revises OASDI and SSI program representative payee requirements to require the payment of program benefits through a representative payee if it is in the interest of an otherwise disabled individual with an alcohol or drug addiction condition who is incapable of managing such benefits.
Preserves the Medicaid eligibility of SSI recipients denied cash disability benefits because of the connection between their drug addiction or alcoholism and their disability. | {"src": "billsum_train", "title": "A bill to amend the Social Security Act to deny cash benefits to drug addicts and alcoholics, and for other purposes."} | 4,116 | 198 | 0.505227 | 1.557125 | 0.754618 | 1.833333 | 19.382716 | 0.783951 |
SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER
WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT,
OREGON.
(a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended
by striking section 1 and inserting the following:
``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT;
DEFINITION OF SECRETARY.
``(a) Establishment.--
``(1) In general.--There is established, subject to valid
existing rights, a special resources management unit in the
State of Oregon comprising approximately 98,272 acres, as
depicted on a map dated September, 1998, and entitled `Bull Run
Watershed Management Unit'.
``(2) Map.--The map described in paragraph (1) shall be on
file and available for public inspection in the offices of the
Regional Forester-Pacific Northwest Region, Forest Service,
Department of Agriculture, and in the offices of the State
Director, Bureau of Land Management, Department of the
Interior.
``(3) Boundary adjustments.--Minor adjustments in the
boundaries of the unit may be made from time to time by the
Secretary after consultation with the city and appropriate
public notice and hearings.
``(b) Definition of Secretary.--In this Act, the term `Secretary'
means--
``(1) with respect to land administered by the Secretary of
Agriculture, the Secretary of Agriculture; and
``(2) with respect to land administered by the Secretary of
the Interior, the Secretary of the Interior.''.
(b) Conforming and Technical Amendments.--
(1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is
amended by striking ``Secretary of Agriculture'' each place it
appears (except subsection (b) of section 1, as added by
subsection (a), and except in the amendments made by paragraph
(2)) and inserting ``Secretary''.
(2) Applicable law.--
(A) In general.--Section 2(a) of Public Law 95-200
(16 U.S.C. 482b note) is amended by striking
``applicable to National Forest System lands'' and
inserting ``applicable to National Forest System land
(in the case of land administered by the Secretary of
Agriculture) or applicable to land under the
administrative jurisdiction of the Bureau of Land
Management (in the case of land administered by the
Secretary of the Interior)''.
(B) Management plans.--The first sentence of
section 2(c) of Public Law 95-200 (16 U.S.C. 482b note)
is amended--
(i) by striking ``subsection (a) or (b)''
and inserting ``subsections (a) and (b)''; and
(ii) by striking ``, through the
maintenance'' and inserting ``(in the case of
land administered by the Secretary of
Agriculture) or section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712) (in the case of land administered by the
Secretary of the Interior), through the
maintenance''.
SEC. 2. MANAGEMENT.
(a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95-
200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--Subject to paragraph (2), the Secretary
shall prohibit the cutting of trees on Federal land in the
entire unit, as designated in section 1 and depicted on the map
referred to in that section.''.
(b) Repeal of Management Exception.--The Oregon Resource
Conservation Act of 1996 (division B of Public Law 104-208) is amended
by striking section 606 (110 Stat. 3009-543).
(c) Repeal of Duplicative Enactment.--Section 1026 of division I of
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104-333; 110 Stat. 4228) and the amendments made by that section are
repealed.
(d) Water Rights.--Nothing in this section strengthens, diminishes,
or has any other effect on water rights held by any person or entity.
SEC. 3. LAND EXCHANGE.
(a) Land Exchange.--Upon application by the city of Portland,
Oregon (referred to in this section as the ``city''), the Secretary of
Agriculture shall enter into negotiations with the city for the
transfer of National Forest System land underlying the city's Bull Run
water supply facilities to the city in exchange for city-owned land
lying within the boundaries of any unit of the National Forest System
in Oregon or Washington.
(b) Time for Exchange.--Subject to subsection (c), the Secretary
shall expedite the negotiations, if the city applies for a land
exchange under subsection (a), and shall complete such a land exchange
not later than September 30, 2001.
(c) Applicability of Other Laws.--Except as provided in subsection
(d), any land exchange under this section shall be carried out in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716) and other applicable law.
(d) Exception to Single State Limitation on Exchange.--The
requirement that Federal and non-Federal parcels of land exchanged for
each other must be located within the same State, as specified in the
Act entitled ``An Act to Consolidate National Forest Lands'', approved
March 20, 1922 (16 U.S.C. 485), and the first sentence of section
206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), shall not apply to the land exchange authorized by this
section. | Amends Federal law to reestablish and add acreage to the Bull Run Watershed Management Unit in Oregon.
Directs the Secretary of Agriculture or the Interior, as applicable, to prohibit the cutting of trees on Federal land in the entire unit.
Repeals a provision of the: (1) Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit; and (2) Omnibus Parks and Public Lands Management Act of 1996 regarding the Unit.
Requires the Secretary of Agriculture: (1) upon application by the city of Portland, Oregon, to enter into negotiations with the city for the transfer of National Forest System land underlying the city's Bull Run water supply facilities to the city in exchange for city- owned land lying within the boundaries of any unit of the National Forest System in Oregon or Washington; and (2) to expedite the negotiations and complete such land exchange not later than September 30, 2001. | {"src": "billsum_train", "title": "A bill to provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, and for other purposes."} | 1,341 | 213 | 0.493783 | 1.467018 | 0.710536 | 4.909091 | 5.772727 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Music Licensing Reform Act of
1996''.
SEC. 2. EXEMPTION OF COPYRIGHT INFRINGEMENT FOR PERFORMANCE OF
NONDRAMATIC MUSICAL WORKS IN SMALL COMMERCIAL
ESTABLISHMENTS.
(a) In General.--Section 110 of title 17, United States Code, is
amended--
(1) in the matter preceding paragraph (1) by inserting
``(a)'' before ``Notwithstanding'';
(2) by amending paragraph (5) to read as follows:
``(5)(A) communication of a transmission embodying a
performance or display of a work (except a nondramatic musical
work) by the public reception of the transmission on a single
receiving apparatus of a kind commonly used in private homes,
unless--
``(i) a direct charge is made to see or hear the
transmission; or
``(ii) the transmission thus received is further
transmitted to the public; or
``(B) communication of a transmission embodying a
performance or display of a nondramatic musical work by the
public reception of the transmission on the premises of a small
commercial establishment, unless--
``(i) a direct charge is made to see or hear the
transmission; or
``(ii) the transmission thus received is further
transmitted to the public;''; and
(3) by adding at the end thereof the following new
subsection:
``(b)(1) For purposes of subsection (a)(5)(B), the Register of
Copyrights shall define the term `small commercial establishment' by
regulation, which shall include specific, verifiable criteria. Such
criteria may relate to--
``(A) the area of the establishment, including whether the
establishment is of sufficient size to justify, as a practical
matter, a subscription to a commercial background music
service;
``(B) the kind, number, and location of equipment used;
``(C) the gross revenue of the establishment;
``(D) the number of employees; and
``(E) other relevant factors.
``(2) The definition of small commercial establishment shall not
result in an exemption to the right of public performance or to the
right of public display the scope of which exceeds that permitted under
the international treaty obligations of the United States.''.
(b) Technical and Conforming Amendments.--Chapter 1 of title 17,
United States Code, is amended--
(1) in section 111(a)(2) by striking out ``section 110''
and inserting in lieu thereof ``section 110(a)'';
(2) in section 112(d) by striking out ``section 110(8)''
each place such term appears and inserting in each such place
``section 110(a)(8)''; and
(3) in section 118(d)(3) by striking out ``section 110''
and inserting in lieu thereof ``section 110(a)''.
SEC. 3. NEGOTIATIONS AND LICENSING BETWEEN PROPRIETORS AND PERFORMING
RIGHTS SOCIETIES.
(a) In General.--The provisions of title 17, United States Code,
are amended by adding after chapter 11 the following new chapter:
``CHAPTER 12--NEGOTIATIONS AND LICENSING BETWEEN PROPRIETORS AND
PERFORMING RIGHTS SOCIETIES
``Sec.
``1201. Definitions.
``1202. Code of conduct.
``1203. Access to repertoire.
``Sec. 1201. Definitions
``For purposes of this chapter, the term--
``(1) `performing rights society' means an association,
corporation, or other entity that licenses the public
performance of nondramatic musical works on behalf of copyright
owners of such works, such as the American Society of
Composers, Authors and Publishers (ASCAP), Broadcast Music,
Inc. (BMI), and SESAC, Inc.; and
``(2) `proprietor'--
``(A) means the owner of a retail establishment,
restaurant, inn, bar, tavern, or any other similar
place of business in which--
``(i) the public may assemble; and
``(ii) nondramatic musical works may be
publicly performed; and
``(B) shall not include any owner or operator of--
``(i) a radio or television station
licensed by the Federal Communications
Commission;
``(ii) a cable system or satellite carrier;
``(iii) a cable or satellite carrier
service or programmer;
``(iv) a commercial subscription music
service; or
``(v) any other transmission service.
``Sec. 1202. Code of conduct
``(a) In General.--The Register of Copyrights shall promulgate
regulations to establish a code of conduct for the licensing
negotiations and practices between a proprietor and a performing rights
society. Such regulations shall include reasonable disclosure
requirements for proprietors and performing rights societies and the
content and form of licensing agreements.
``(b) General Enforcement.--(1) A proprietor or performing rights
society may file a civil action in any United States district court of
appropriate jurisdiction to enforce the code of conduct established
under this section.
``(2) For purposes of an action filed under this subsection--
``(A) all parties shall be deemed to have exhausted all
administrative remedies; and
``(B) the court shall conduct a trial de novo without an
agency record.
``(c) Enforcement in Actions Involving Licensing Agreements.--(1)
This subsection applies to any civil action filed under this section to
enforce the code of conduct in which a proprietor and a performing
rights society have a licensing agreement.
``(2) If a proprietor violates a provision of the code of conduct,
the court shall assess a civil fine against the proprietor, payable to
the performing rights society, equal to the cost of the applicable
annual license fee.
``(3) If a performing rights society violates a provision of the
code of conduct, the court shall order the society to grant a license
to the proprietor for the nondramatic public performance of musical
works in the repertoire of the society at no fee for a period of 1 year
beginning on the date on which judgment is entered.
``Sec. 1203. Access to repertoire
``(a) In General.--(1) The Register of Copyrights shall promulgate
regulations to ensure that a performing rights society shall provide
reasonable access to its repertoire so that a person engaged in the
public performance of a nondramatic musical work may determine with
reasonable certainty whether the public performance of a particular
work may be licensed by a particular licensor.
``(2) Reasonable access to repertoire under this section shall not
include access to works rarely publicly performed.
``(b) Enforcement.--(1) A proprietor or performing rights society
may file a civil action in any United States district court of
appropriate jurisdiction to enforce the regulations promulgated under
this section.
``(2) For purposes of an action filed under this section--
``(A) all parties shall be deemed to have exhausted all
administrative remedies; and
``(B) the court shall conduct a trial de novo without an
agency record.
``(c) Restrictions on Performing Rights Society Not in Compliance
With Regulations.--(1) A performing rights society may not--
``(A) file, be a party, or pay the costs of any party in
any civil action alleging the infringement of the copyright in
a work described under paragraph (2); or
``(B) charge a fee under any per programming period license
for a work described under paragraph (2).
``(2) A work referred to under paragraph (1) is any work in such
performing rights society's repertoire that is not identified and
documented as required by the regulations promulgated under this
section.''.
(b) Technical and Conforming Amendment.--The table of chapters for
title 17, United States Code, is amended by adding after the item
relating to chapter 11 the following:
``12. Negotiations and licensing between proprietors and 1201''.
performing rights societies.
SEC. 4. REPORT ON CONSENT DECREE.
(a) In General.--No later than 1 year after the date of the
enactment of this Act, the Register of Copyrights shall submit a report
to the Senate Committee on the Judiciary and the House of
Representatives Committee on the Judiciary on the administration by the
United States District Court for the Southern District of New York of
the consent decree of March 14, 1950, in United States v. American
Society of Composers, Authors, and Publishers, 1950 Trade Cas.
para.62,595 (S.D.N.Y. 1950) and the consent decree of December 29,
1966, in United States v. Broadcast Music, Inc., 1966 Trade Cas.
para.71,941 (S.D.N.Y. 1966).
(b) Contents.--The report under this section shall include--
(1) any recommendation for improvements so that
adjudication under the consent decree may be less time-
consuming and more cost-effective, especially for parties with
fewer resources; and
(2) a determination whether a system of local or regional
arbitration should be implemented.
SEC. 5. STATE COPYRIGHT LICENSING LAWS PREEMPTED.
Section 301 of title 17, United States Code, is amended by adding
at the end the following:
``(g)(1) Any law, statute, or regulation of any State or local
government which requires a performing rights society to license
copyrighted musical compositions to a proprietor in a particular manner
not required by this title, or to conduct such society's business in
any manner not applicable to all businesses as a general manner, shall
be deemed to be preempted by subsection (a) and of no force or effect.
``(2) For purposes of this subsection, the terms `proprietor' and
`performing rights society' have the same meanings as such terms are
defined under section 1201.''.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to relieve any performing
rights society of any obligation under any consent decree or other
court order governing the operation of such society, as such decree or
order--
(1) is in effect on the date of the enactment of this Act;
(2) may be amended after such date; or
(3) may be issued or agreed to after such date.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of the enactment
of this Act. | Music Licensing Reform Act of 1996 - Exempts from copyright infringement the communication of a performance of nondramatic musical works on the premises of small commercial establishments, unless a charge is made to see or hear the transmission or the transmission received is further transmitted to the public. Directs the Register of Copyrights to define the term "small commercial establishment" for purposes of this Act using specific, verifiable criteria.
Directs the Register to promulgate regulations to establish a code of conduct for the licensing negotiations and practices between a proprietor and a performing rights society (PRS). Allows either party to enforce such code of conduct through a civil action in district court.
Directs the Register to ensure that a PRS provides reasonable access to its repertoire so that a person engaged in the public performance of a nondramatic musical work may determine whether the public performance of a particular work may be licensed by a particular licensor. Provides for civil enforcement of such access. Provides restrictions for a PRS not in compliance.
Directs the Register to report to the Senate and House Judiciary Committees on the administration by the U.S. District Court for the Southern District of New York of the consent decree of March 14, 1950, in United States v. American Society of Composers, Authors, and Publishers and the consent decree of December 29, 1966, in United States v. Broadcast Music, Inc.
Preempts any State copyright licensing law made inconsistent by this Act. | {"src": "billsum_train", "title": "Music Licensing Reform Act of 1996"} | 2,381 | 330 | 0.610582 | 1.868544 | 0.871592 | 5.516484 | 7.89011 | 0.901099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Part-Time and Temporary Workers
Protection Act of 1993''.
SEC. 2. ELIGIBILITY FOR UNEMPLOYMENT COMPENSATION OF CERTAIN
INDIVIDUALS SEEKING PART-TIME EMPLOYMENT.
(a) General Rule.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to requirements for approval of State
unemployment compensation laws) is amended by striking ``and'' at the
end of paragraph (17), by redesignating paragraph (18) as paragraph
(19), and by inserting after paragraph (17) the following new
paragraph:
``(18) in applying the State law provisions relating to
availability for work, active search for work, or refusal to
accept work, the term `suitable work' shall not include any
work where the individual would normally perform services for
more hours per week than the number of hours per week for which
the individual normally performed services in the individual's
last job in the base period, and''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 3. ANNUAL BUREAU OF LABOR STATISTICS SURVEY RELATING TO TEMPORARY
WORKERS.
The Secretary of Labor, acting through the Commissioner of the
Bureau of Labor Statistics, shall establish and carry out an annual
survey identifying--
(1) the characteristics of temporary workers in the United
States;
(2) the relationship between such workers and the
establishments at which such workers are temporarily employed;
and
(3) where appropriate, the relationship between such
workers and their permanent employers.
SEC. 4. PROTECTION OF PART-TIME AND TEMPORARY WORKERS.
(a) Treatment of Employees Working at Less Than Full-Time Under
Participation, Vesting, and Accrual Rules Governing Pension Plans.--
(1) Participation rules.--
(A) In general.--Section 202(a)(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1052(a)(3)) is amended by adding at the end the
following new subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the 12-month period referred to in
subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such 12-month period shall be
treated as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(B) Conforming amendment.--Section 204(b)(1)(E) of
such Act (29 U.S.C. 1054(b)(1)(E)) is amended by
striking ``section 202(a)(3)(A)'' and inserting
``subparagraphs (A) and (E) of section 202(a)(3)''.
(2) Vesting rules.--
(A) In general.--Section 203(b)(2) of such Act (29
U.S.C. 1053(b)(2)) is amended by adding at the end the
following new subparagraph:
``(E)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(B) 1-year breaks in service.--Section 203(b)(3) of
such Act (29 U.S.C. 1053(b)(3)) is amended by adding at
the end the following new subparagraph:
``(F)(i) For purposes of this paragraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to subparagraph (A)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 250 hours of service within such period shall be treated
as completion of 500 hours of service.
``(ii) For purposes of this subparagraph, the extent to which
employment in any type of position customarily constitutes less than
1,000 hours of service per year shall be determined with respect to
each pension plan in accordance with such regulations as the Secretary
may prescribe providing for consideration of facts and circumstances
peculiar to the work-force constituting the participants in such
plan.''.
(3) Accrual rules.--Section 204(b)(4)(C) of such Act (29
U.S.C. 1054(b)(4)(C)) is amended--
(A) by inserting ``(i)'' after ``(C)''; and
(B) by adding at the end the following new clauses:
``(ii) For purposes of this subparagraph, in the case of any
employee who, as of the beginning of the period designated by the plan
pursuant to clause (i)--
``(I) has customarily completed 500 or more hours of
service per year but less than 1,000 hours of service per year,
or
``(II) is employed in a type of position in which
employment customarily constitutes 500 or more hours of service
per year but less than 1,000 hours of service per year,
completion of 500 hours of service within such period shall be treated
as completion of 1,000 hours of service.
``(iii) For purposes of clause (ii), the extent to which employment
in any type of position customarily constitutes less than 1,000 hours
of service per year shall be determined with respect to each pension
plan in accordance with such regulations as the Secretary may prescribe
providing for consideration of facts and circumstances peculiar to the
work-force constituting the participants in such plan.''.
(b) Treatment of Employees Working at Less Than Full-Time Under
Group Health Plans.
(1) In general.--Part 2 of subtitle B of title I of such
Act is amended--
(A) by redesignating section 211 (29 U.S.C. 1061)
as section 212; and
(B) by inserting after section 210 (29 U.S.C. 1060)
the following new section:
``treatment of part-time workers under group health plans
``Sec. 211. (a) In General.--A reduction in the employer-provided
premium under a group health plan with respect to any employee for any
period of coverage solely because the employee's customary employment
is less than full-time may be provided under such plan only if the
employee is described in subsection (b) and only to the extent
permitted under subsection (c).
``(b) Reductions Applicable to Employees Working Less Than Full-
Time.--
``(1) In general.--An employee is described in this
subsection if such employee, as of the beginning of the period
of coverage referred to in subsection (a)--
``(A) has customarily completed less than 30 hours
of service per week, or
``(B) is employed in a type of position in which
employment customarily constitutes less than 30 hours
of service per week.
``(2) Regulations.--For purposes of paragraph (1), whether
employment in any type of position customarily constitutes less
than 30 hours of service per week shall be determined with
respect to each group health plan in accordance with such
regulations as the Secretary may prescribe providing for
consideration of facts and circumstances peculiar to the work-
force constituting the participants in such plan.
``(c) Amount of Permissible Reduction.--The employer-provided
premium under a group health plan with respect to any employee for any
period of coverage, after the reduction permitted under subsection (a),
shall not be less than a ratable portion of the employer-provided
premium which would be provided under such plan for such period of
coverage with respect to an employee who completes 30 hours of service
per week.
``(d) Definitions.--For purposes of this section--
``(1) Group health plan.--The term `group health plan' has
the meaning provided such term in section 607(1).
``(2) Employer-provided premium.--
``(A) In general.--The term `employer-provided
premium' under a plan for any period of coverage means
the portion of the applicable premium under the plan
for such period of coverage which is attributable under
the plan to employer contributions.
``(B) Applicable premium.--For purposes of
subparagraph (A), in determining the applicable premium
of a group health plan, principles similar to the
principles applicable under section 604 shall apply.''.
(2) Conforming amendments.--
(A) Section 201(1) of such Act (29 U.S.C. 1051(1))
is amended by inserting ``, except with respect to
section 211'' before the semicolon.
(B) The table of contents in section 1 of such Act
is amended by striking the item relating to section 211
and inserting the following new items:
``Sec. 211. Treatment of part-time workers under group health plans.
``Sec. 212. Effective date.''.
(c) Expansion of Definition of Employee To Include Certain
Individuals Whose Services Are Leased or Contracted for.--Paragraph (6)
of section 3 of such Act (29 U.S.C. 1002(6)) is amended--
(1) by inserting ``(A)'' after ``(6)''; and
(2) by adding at the end the following new subparagraph:
``(B) Such term includes, with respect to any employer, any person
who is not an employee (within the meaning of subparagraph (A)) of such
employer and who provides services to such employer, if--
``(i) such person has (pursuant to an agreement with such
employer or any other person) performed such services for such
employer (or for such employer and related persons (within the
meaning of section 144(a)(3) of the Internal Revenue Code of
1986)) for a period of at least 1 year (6 months in the case of
core health benefits) at the rate of at least 500 hours of
service per year, and
``(ii) such services are of a type historically performed,
in the business field of the employer, by employees (within the
meaning of subparagraph (A)).''.
(d) Effective Dates.
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
plan years beginning on or after January 1, 1994.
(2) Special rule for collectively bargained plans.--In the
case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified on or before the date of the enactment
of this Act, paragraph (1) shall be applied to benefits
pursuant to, and individuals covered by, any such agreement by
substituting for ``January 1, 1994'' the date of the
commencement of the first plan year beginning on or after the
earlier of--
(A) the later of--
(i) January 1, 1994, or
(ii) the date on which the last of such
collective bargaining agreements terminates
(determined without regard to any extension
thereof after the date of the enactment of this
Act), or
(B) January 1, 1996.
(3) Plan amendments.--If any amendment made by this section
requires an amendment to any plan, such plan amendment shall
not be required to be made before the first plan year beginning
on or after January 1, 1995, if--
(A) during the period after such amendment made by
this section takes effect and before such first plan
year, the plan is operated in accordance with the
requirements of such amendment made by this section,
and
(B) such plan amendment applies retroactively to
the period after such amendment made by this section
takes effect and such first plan year.
A plan shall not be treated as failing to provide definitely
determinable benefits or contributions, or to be operated in
accordance with the provisions of the plan, merely because it
operates in accordance with this paragraph. | Part-Time and Temporary Workers Protection Act of 1993 - Amends the Internal Revenue Code to revise requirements for approval of State unemployment compensation laws to provide for the eligibility for unemployment compensation of certain individuals seeking part-time employment.
Directs the Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics, to conduct an annual survey identifying characteristics of temporary workers and their relationships with their employers.
Amends the Employee Retirement Income Security Act of 1974 to provide for protection and treatment of part-time and temporary workers under: (1) participation, vesting, and accrual rules governing pension plans; and (2) group health plans. Expands the definition of employee to include certain individuals whose services are leased or contracted. | {"src": "billsum_train", "title": "Part-Time and Temporary Workers Protection Act of 1993"} | 3,041 | 153 | 0.591513 | 1.548477 | 0.721548 | 4.58042 | 19.167832 | 0.93007 |
SECTION 1. EXCLUSION FROM UNRELATED BUSINESS TAXABLE INCOME FOR CERTAIN
SPONSORSHIP PAYMENTS.
(a) In General.--Section 513 of the Internal Revenue Code of 1986
(relating to unrelated business taxable income) is amended by adding at
the end thereof the following new subsection:
``(i) Treatment of Certain Sponsorship Payments.--
``(1) In general.--The term `unrelated trade or business'
does not include the activity of soliciting and receiving
qualified sponsorship payments with respect to any qualified
public event.
``(2) Qualified sponsorship payments.--For purposes of this
subsection, the term `qualified sponsorship payment' means any
payment by any person engaged in a trade or business with
respect to which there is no arrangement or expectation that
such person will receive any substantial return benefit other
than--
``(A) the use of the name or logo of such person's
trade or business in connection with any qualified
public event under arrangements (including advertising)
in connection with such event which acknowledge such
person's sponsorship or promote such person's products
or services, or
``(B) the furnishing of facilities, services, or
other privileges in connection with such event to
individuals designated by such person.
``(3) Qualified public event.--
``(A) In general.--For purposes of this subsection,
the term `qualified public event' means any event
conducted by an organization described in paragraph
(3), (4), (5), or (6) of section 501(c) or by an
organization described in section 511(a)(2)(B) if such
event is--
``(i) a public event the conduct of which
is substantially related (aside from the need
of the organization for income or funds or the
use it makes of the profits derived) to the
exempt purposes of the organization conducting
such event, or
``(ii) any public event not described in
clause (i) but only if such event is the only
event of that type conducted by such
organization during a calendar year and such
event does not exceed 30 consecutive days.
An event shall be treated as a qualified public event
with respect to all organizations referred to in the
preceding sentence which receive sponsorship payments
with respect to such event if such event is a qualified
public event with respect to 1 of such organizations;
except that a payment shall be treated as not being
from an unrelated trade or business by reason of this
sentence only to the extent that such payment is used
to meet the expenses of such event or for the benefit
of the organization with respect to which such event is
a qualified public event (determined without regard to
this sentence).
``(B) Exempt purpose.--For purposes of subparagraph
(A), the term `exempt purpose' means any purpose or
function constituting the basis for the organization's
exemption under section 501 (or, in the case of an
organization described in section 511(a)(2)(B), the
exercise or performance of any purpose or function
described in section 501(c)(3)).
``(4) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to prevent the avoidance of the
purposes of this subsection through the use of entities under
common control.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to events conducted after December 31, 1992.
SEC. 2. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY OLYMPIC ORGANIZATIONS.
In the case of a qualified amateur sports organization described in
section 501(j)(2) of the Internal Revenue Code of 1986 or an
organization which would be so described but for the cultural events it
organizes in connection with national or international amateur sports
competitions--
(1) for purposes of section 512(b) of such Code, the term
``royalty'' includes any income received (directly or
indirectly) by such organization if a substantial part of the
consideration for such income is the right to use trademarks,
designations, or similar properties indicating a connection
with the Olympic Games to be conducted in 1996 or related
events or the participation of the United States Olympic Team
at such Games or events, and
(2) nothing in section 514 or 512(b) of such Code shall be
construed as treating any amount treated as royalty under
paragraph (1) as an item of income from an unrelated trade or
business. | Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments (payments received by tax-exempt organizations from corporations and other sponsors in connection with certain athletic and other public events) for purposes of the tax on unrelated business income of charitable, etc., organizations.
Excludes royalties received by certain tax-exempt olympic organizations for the 1996 Olympics as income from an unrelated trade or business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exclusion from unrelated business taxable income for certain sponsorship payments."} | 964 | 104 | 0.564264 | 1.350493 | 0.834498 | 2.681818 | 10.125 | 0.818182 |
SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY LAMINATE PANELS ENTERED FROM
1998 THROUGH 2000.
(a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries described in subsection (d) at a rate of duty
of 1.9 cents per kilogram plus 1.5 percent ad valorem.
(b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request is filed with the Bureau of Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
(c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a)
are as follows:
Entry number Date of entry
196-0056129.......................... 09/20/99
196-0056182.......................... 08/11/99
196-0056223.......................... 10/04/99
196-0056298.......................... 10/11/99
196-0056356.......................... 10/18/99
196-0056411.......................... 10/25/99
196-0056468.......................... 11/01/99
196-0056579.......................... 11/15/99
196-0056699.......................... 11/22/99
196-0056754.......................... 11/29/99
196-0056803.......................... 12/06/99
D82-0981279-0........................ 05/29/98
D82-0981471-3........................ 06/21/98
D82-0981934-0........................ 08/07/98
D82-0983373-9........................ 12/07/98
D82-0983488-5........................ 12/24/98
D82-0983619-5........................ 12/29/98
D82-0983637-7........................ 12/31/98
D82-0983560-1........................ 12/25/98
D82-0983544-5........................ 12/21/98
D82-0983492-7........................ 12/18/98
D82-0983636-9........................ 12/31/98
D82-0983361-4........................ 12/07/98
D82-0983490-1........................ 12/17/98
D82-0983487-7........................ 12/14/98
D82-0983406-7........................ 12/10/98
D82-0982916-6........................ 10/30/98
D82-0983180-8........................ 11/23/98
D82-0982958-8........................ 11/02/98
D82-0983181-6........................ 11/23/98
D82-0983155-0........................ 11/18/98
D82-0983237-6........................ 11/27/98
D82-0983154-3........................ 11/18/98
D82-0983153-5........................ 11/18/98
D82-0983238-4........................ 11/26/98
D82-0982991-9........................ 11/05/98
D82-0983070-1........................ 11/12/98
D82-0983072-7........................ 11/12/98
D82-0983249-1........................ 11/27/98
D82-0990538-8........................ 11/27/98
D82-0990773-1........................ 03/22/99
D82-0990861-4........................ 03/26/99
D82-0991022-2........................ 04/09/99
D82-0990895-2........................ 04/05/99
D82-0983638-5........................ 12/31/98
D82-0983405-9........................ 12/11/98
D82-0983239-2........................ 11/27/98
D82-0982917-9........................ 10/29/98
D82-0982771-5........................ 10/14/98
D82-0982803-6........................ 10/19/98
D82-0983071-9........................ 11/12/98
D82-0981240-2........................ 05/18/98
D82-0981457-2........................ 06/12/98
D82-0981103-2........................ 05/08/98
D82-0981033-1........................ 05/04/98
D82-0981378-0........................ 06/05/98
D82-0980133-0........................ 01/19/98
D82-0982226-0........................ 09/04/98
D82-0982541-2........................ 10/02/98
D82-0982760-8........................ 10/16/98
D82-0982837-4........................ 10/21/98
D82-0990124-7........................ 01/23/99
D82-0982297-1........................ 09/11/98
D82-0982407-6........................ 09/25/98
D82-0982612-1........................ 10/09/98
D82-0982804-4........................ 10/21/98
D82-0990122-1........................ 01/23/99
D82-0990123-9........................ 01/23/99
D82-0983561-9........................ 12/25/98
D82-0983557-7........................ 12/23/98
D82-0983489-3........................ 12/17/98
D82-0983491-9........................ 12/18/98
D82-0982888-7........................ 10/26/98
D82-0994114-4........................ 01/03/00
D82-0991900-9........................ 06/28/99
D82-0992001-5........................ 07/06/99
D82-0992144-3........................ 07/17/99
D82-0992124-5........................ 07/12/99
D82-0991498-4........................ 05/21/99
D82-0991683-1........................ 06/04/99
D82-0991603-9........................ 06/01/99 | Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to high-density laminate panels entered from 1998 through 2000. | {"src": "billsum_train", "title": "A bill to provide for the liquidation or reliquidation of certain entries relating to high-density laminate panels entered from 1998 through 2000."} | 1,382 | 41 | 0.524635 | 1.494037 | 0.428737 | 4.225806 | 30.774194 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo Lunar Landing Legacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on July 20, 1969, Neil A. Armstrong and Edwin E.
``Buzz'' Aldrin Jr. became the first people to set foot on
another celestial body, during the Apollo 11 mission;
(2) between 1969 and 1972, Apollo Missions 11, 12, 14, 15,
16, and 17 all saw American astronauts visit the surface of the
Moon;
(3) the 1970 Apollo 13 mission, which was aborted due to a
serious malfunction en route to the Moon, also circled the
Moon;
(4) the Apollo lunar program was one of the greatest
achievements in American history;
(5) as commercial enterprises and foreign nations acquire
the ability to land on the Moon it is necessary to protect the
Apollo lunar landing sites for posterity; and
(6) establishing the Historical Park under this Act will
expand and enhance the protection and preservation of the
Apollo lunar landing sites and provide for greater recognition
and public understanding of this singular achievement in
American history.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to preserve and protect for the benefit of present and
future generations the nationally significant historic sites
associated with the Historical Park;
(2) to preserve and protect for scientific inquiry the
artifacts described in section 5(b); and
(3) to improve public understanding of the Apollo program
and its legacy through preservation of the historic resources
associated with the Apollo lunar landing sites.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) Apollo lunar landing sites.--The term ``Apollo lunar
landing sites'' means all areas of the Moon where astronauts
and instruments connected to the Apollo program between 1969
and 1972 touched the lunar surface.
(3) Historical park.--The term ``Historical Park'' means
the Apollo Lunar Landing Sites National Historical Park
established under section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. ESTABLISHMENT OF APOLLO LUNAR LANDING SITES NATIONAL HISTORICAL
PARK.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, there shall be established as a unit of the
National Park System the Apollo Lunar Landing Sites National Historical
Park.
(b) Park Components.--The Historical Park may only be comprised, as
determined by the Secretary in consultation with the Administrator,
of--
(1) the artifacts on the surface of the Moon associated
with the Apollo 11 mission, which landed on the lunar surface
July 20, 1969, at Mare Tranquillitatis;
(2) the artifacts on the surface of the Moon associated
with the Apollo 12 mission, which landed on the lunar surface
November 19, 1969, at Oceanus Procellarum;
(3) the artifacts on the surface of the Moon associated
with the Apollo 13 mission, which had an instrumentality crash
land on the lunar surface April 14, 1970;
(4) the artifacts on the surface of the Moon associated
with the Apollo 14 mission, which landed on the lunar surface
February 5, 1971, at Fra Mauro;
(5) the artifacts on the surface of the Moon associated
with the Apollo 15 mission, which landed on the lunar surface
July 30, 1971, at Hadley-Apennines;
(6) the artifacts on the surface of the Moon associated
with the Apollo 16 mission, which landed on the lunar surface
April 21, 1972, at Descartes; and
(7) the artifacts on the surface of the Moon associated
with the Apollo 17 mission, which landed on the lunar surface
December 11, 1972, at Taurus-Littrow.
SEC. 6. ADMINISTRATION.
(a) In General.--The Secretary shall administer the Historical Park
in accordance with--
(1) this Act;
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.); and
(3) applicable international law and treaties.
(b) General Management Plan.--Not later than 18 months after the
date of enactment of this Act, the Secretary and the Administrator,
pursuant to the interagency management agreement entered into under
section 7(a), shall jointly complete a general management plan for the
Historical Park.
(c) Donations; Cooperative Agreements.--
(1) Agreements with other federal agencies.--The Secretary
may enter into one or more agreements with the head of a
Federal agency to provide public access to, and management,
interpretation, and historic preservation of, historically
significant Apollo lunar landing site resources under the
jurisdiction or control of the Federal agency.
(2) Donations; cooperative agreements.--The Secretary may
accept donations from, and enter into cooperative agreements
with, foreign governments and international bodies,
organizations, or individuals to further the purpose of an
interagency agreement entered into under paragraph (1) or to
provide visitor services and administrative facilities within
reasonable proximity to the Historical Park.
(3) Donations to nasa.--For the purposes of this Act, the
Administrator may accept, hold, administer, and use gifts,
bequests, and devises (including labor and services).
SEC. 7. MANAGEMENT AGREEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Administrator shall enter into an
agreement providing for the primary management of the Historical Park
by the Administrator. The agreement shall delineate the respective
duties and responsibilities of the Secretary and the Administrator in
managing the Historical Park. Responsibilities of the Administrator
shall specifically include--
(1) ensuring proper monitoring of the Apollo lunar landing
sites;
(2) managing access to the sites, including through
coordination with other spacefaring nations and entities; and
(3) in conjunction with the Director of the Smithsonian
Institution, ensuring an accurate cataloguing of items in the
Historical Park.
(b) Other Agencies.--The Secretary and the Administrator shall
consult with other agencies, as needed, to effectively carry out
management of the Historical Park.
SEC. 8. WORLD HERITAGE SITE DESIGNATION.
Not later than 1 year after the establishment of the Historical
Park, the Secretary, in consultation with the Administrator, shall
submit the Apollo 11 lunar landing site to the United Nations
Educational, Scientific, and Cultural Organization (UNESCO) for
designation as a World Heritage Site.
SEC. 9. SMITHSONIAN INSTITUTION.
Nothing in this Act shall be construed to alter or terminate any
existing agreements between the National Aeronautics and Space
Administration and the Smithsonian Institution concerning the
management of National Aeronautics and Space Administration historical
artifacts. | Apollo Lunar Landing Legacy Act - Establishes the Apollo Lunar Landing Sites National Historical Park on the Moon as a unit of the National Park System. Requires the Secretary of the Interior and the Administrator of the National Aeronautics and Space Administration (NASA) to complete jointly a general management plan for the Park. Authorizes the Secretary to enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Apollo lunar landing site resources under that agency's jurisdiction or control. Directs the Secretary and the Administrator to enter into an agreement providing for the primary management of the Park by the Administrator. Requires the Administrator's responsibilities to include: (1) ensuring proper monitoring of the Apollo lunar landing sites; (2) managing access to the sites, including through coordination with other spacefaring nations and entities; and (3) in conjunction with the Director of the Smithsonian Institution, ensuring an accurate cataloging of items in the Park. Instructs the Secretary to submit the Apollo 11 lunar landing site to the United Nations Educational, Scientific, and Cultural Organization (UNESCO) for designation as a World Heritage Site. | {"src": "billsum_train", "title": "Apollo Lunar Landing Legacy Act"} | 1,531 | 259 | 0.636582 | 1.710156 | 0.880749 | 6.650655 | 6.235808 | 0.930131 |
OR PASS REGULAR
APPROPRIATIONS BILLS.
(a) Failure To Pass Budget Resolution.--
(1) Holding salaries in escrow.--If by April 15 of any
calendar year (beginning with 2015), a House of Congress has
not agreed to a concurrent resolution on the budget pursuant to
section 301 of the Congressional Budget Act of 1974 for the
fiscal year which begins on October 1 of that calendar year,
during the period described in paragraph (2) the payroll
administrator of that House of Congress shall deposit in an
escrow account all payments otherwise required to be made
during such period for the compensation of Members of Congress
who serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of such
period.
(2) Period described.--With respect to a House of Congress
and a calendar year, the period described in this paragraph is
the period which begins on April 16 of the calendar year and
ends on the earlier of--
(A) the day on which the House of Congress agrees
to a concurrent resolution on the budget for the fiscal
year which begins on October 1 of that calendar year;
or
(B) the last day of the Congress during which that
calendar year occurs.
(b) Failure To Pass Regular Appropriation Bills.--
(1) Holding salaries in escrow.--If by July 31 of any
calendar year (beginning with 2014), a House of Congress has
not passed each of the regular appropriation bills for the
fiscal year which begins on October 1 of that calendar year,
during the period described in paragraph (2) the payroll
administrator of that House of Congress shall deposit in an
escrow account all payments otherwise required to be made
during such period for the compensation of Members of Congress
who serve in that House of Congress, and shall release such
payments to such Members only upon the expiration of such
period.
(2) Period described.--With respect to a House of Congress
and a calendar year, the period described in this paragraph is
the period which begins on August 1 of the calendar year and
ends on the earlier of--
(A) the first day by which the House of Congress
has passed each of the regular appropriation bills for
the fiscal year which begins on October 1 of that
calendar year; or
(B) the last day of the Congress during which that
calendar year occurs.
(3) Regular appropriation bill defined.--The term ``regular
appropriation bill'' means any annual appropriation bill which,
with respect to the Congress involved, is under the
jurisdiction of a single subcommittee of the Committee on
Appropriations of the House of Representatives (pursuant to the
Rules of the House of Representatives for that Congress) and a
single subcommittee of the Committee on Appropriations of the
Senate (pursuant to the Standing Rules of the Senate).
(c) Administration of Escrow.--
(1) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under subsection (a) or
subsection (b) that would apply to the payment if the payment
were not subject to such section.
(2) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(d) Release of Amounts at End of a Congress.--In order to ensure
that this section is carried out in a manner consistent with the
twenty-seventh article of amendment to the Constitution of the United
States, the payroll administrator of a House of Congress shall release
for payments to Members of that House of Congress any amounts remaining
in any escrow account under this section on the last day of the
Congress during which the amounts were deposited in such account.
(e) Definitions.--In this section--
(1) the term ``Member'' includes a Delegate or Resident
Commissioner to the Congress; and
(2) the ``payroll administrator'' of a House of Congress
means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this section;
and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this section. | Getting Government to Work Act of 2014 - Suspends the public debt limit for the period beginning on the date of enactment of this Act and ending on February 2, 2015. Revises the special rule relating to obligations issued during the suspension period to provide for an increase in the debt limit, effective February 3, 2015, to the extent that: (1) the face amount of obligations issued and the face amount of obligations whose principal and interest are guaranteed by the federal government (except guaranteed obligations held by the Secretary of the Treasury) that are outstanding on February 3, 2015, exceeds (2) the face amount of such obligations outstanding on the date of enactment of this Act. Prohibits an obligation from being taken into account unless its issuance was necessary to fund a commitment incurred by the federal government that required payment before February 3, 2015. Requires the appropriate payroll administrator of each house of Congress to deposit in an escrow account all mandatory payments for compensation of Members of Congress serving in that house if by April 15 of any calendar year, beginning with 2015, that house has not agreed to a concurrent budget resolution for the fiscal year beginning on October 1 of that year. Requires release of such payments to those Members after April 16 of that calendar year only upon the earlier of: (1) the day on which that house agrees to a concurrent budget resolution for the fiscal year beginning on October 1 of that year, or (2) the last day of the Congress during which that calendar year occurs. Sets forth similar suspension of pay requirements if by July 31 of a calendar year, beginning with 2014, a house of Congress has not passed each of the regular appropriation bills for the fiscal year beginning on October 1 of that year. Requires release of salary payments to the appropriate Members after August 1 of the calendar year only upon the earlier of: (1) the day on which that house has passed each of the regular appropriation bills for the fiscal year beginning on October 1 of that year, or (2) the last day of the Congress during which that calendar year occurs. Requires the payroll administrator of a house of Congress, in order to ensure that this Act is carried out in a manner consistent with the Constitution, to release for payments to Members of that house any amounts remaining in any escrow account under this Act on the last day of the Congress during which the amounts were deposited in such account. | {"src": "billsum_train", "title": "Getting Government to Work Act of 2014"} | 996 | 505 | 0.736602 | 2.127771 | 0.683597 | 3.17234 | 1.976596 | 0.810638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``President John F. Kennedy
Assassination Records Collection Extension Act of 1994''.
SEC. 2. EXTENSION OF ACT.
Section 7(o)(1) of the President John F. Kennedy Assassination
Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended--
(1) by striking ``2 years after the date of enactment of this
Act'' and inserting ``September 30, 1996''; and
(2) by striking ``2-year''.
SEC. 3. AMENDMENTS RELATING TO REVIEW BOARD POWERS.
Section 7(j)(1) of the President John F. Kennedy Assassination
Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended--
(1) in subparagraph (E) by striking ``and'' after the
semicolon;
(2) in subparagraph (F) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(G) use the Federal Supply Service in the same manner and
under the same conditions as other departments and agencies of
the United States; and
``(H) use the United States mails in the same manner and
under the same conditions as other departments and agencies of
the United States.''.
SEC. 4. AMENDMENTS RELATING TO REVIEW BOARD PERSONNEL.
(a) Security Clearance for Review Board Personnel.--Section 8 of
the President John F. Kennedy Assassination Records Collection Act of
1992 (44 U.S.C. 2107 note) is amended by adding at the end the
following:
``(e) Security Clearance Required.--An individual employed in any
position by the Review Board (including an individual appointed as
Executive Director) shall be required to qualify for any necessary
security clearance prior to taking office in that position, but may be
employed conditionally in accordance with subsection (b)(3)(B) before
qualifying for that clearance.''.
(b) Appointment and Termination of Staff, Generally.--Section 8(b)
of the President John F. Kennedy Assassination Records Collection Act
of 1992 (44 U.S.C. 2107 note) is amended by striking ``(b) Staff.--''
and all that follows through the end of paragraph (1) and inserting the
following:
``(b) Staff.--(1) The Review Board, without regard to the civil
service laws, may appoint and terminate additional personnel as are
necessary to enable the Review Board and its Executive Director to
perform the duties of the Review Board.''.
(c) Review Board Administrative Staff.--Section 8(b)(2) of the
President John F. Kennedy Assassination Records Collection Act of 1992
(44 U.S.C. 2107 note) is amended--
(1) by striking ``A person'' and inserting ``(A) Except as
provided in subparagraph (B), a person''; and
(2) by adding at the end the following:
``(B) An individual who is an employee of the Government may be
appointed to the staff of the Review Board if in that position the
individual will perform only administrative functions.''.
(d) Conditional Employment of Staff.--Section 8(b)(3)(B) of the
President John F. Kennedy Assassination Records Collection Act of 1992
(44 U.S.C. 2107 note) is amended to read as follows:
``(B)(i) The Review Board may offer conditional employment to a
candidate for a staff position pending the completion of security
clearance background investigations. During the pendency of such
investigations, the Review Board shall ensure that any such employee
does not have access to, or responsibility involving, classified or
otherwise restricted assassination record materials.
``(ii) If a person hired on a conditional basis under clause (i) is
denied or otherwise does not qualify for all security clearances
necessary to carry out the responsibilities of the position for which
conditional employment has been offered, the Review Board shall
immediately terminate the person's employment.''.
(e) Compensation of Staff.--Section 8(c) of the President John F.
Kennedy Assassination Records Collection Act of 1992 (21 U.S.C. 2107
note) is amended to read as follows:
``(c) Compensation.--Subject to such rules as may be adopted by the
Review Board, the chairperson, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates, may--
``(1) appoint an Executive Director, who shall be paid at a
rate not to exceed the rate of basic pay for level V of the
Executive Schedule; and
``(2) appoint and fix compensation of such other personnel as
may be necessary to carry out this Act.''.
SEC. 5. TECHNICAL CORRECTION.
Section 6(1) of the President John F. Kennedy Assassination Records
Collection Act of 1992 (44 U.S.C. 2107 note) is amended in the matter
preceding subparagraph (A) by inserting ``record'' after ``the
assassination''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | President John F. Kennedy Assassination Records Collection Extension Act of 1994 - Extends the President John F. Kennedy Assassination Records Collection Act of 1992. Revises Review Board powers and personnel requirements.
Requires security clearances for Review Board employees. | {"src": "billsum_train", "title": "President John F. Kennedy Assassination Records Collection Extension Act of 1994"} | 1,219 | 58 | 0.56864 | 1.444837 | 1.143167 | 4.534884 | 24.302326 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Advertising and Disclosure
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in the thirty days preceding a primary, and in the
forty-five days preceding a general election, candidates for
political office need to be able to buy, at the lowest unit
charge, nonpreemptible advertising spots from broadcast
stations and community antenna television systems to ensure
that their messages reach the intended audience and that the
voting public has an opportunity to make informed decisions;
(2) since the Communications Act of 1934 was amended in
1972 to guarantee the lowest unit charge for candidates during
these important preelection periods, the method by which
advertising spots are sold in the broadcast and community
antenna television industries has changed significantly;
(3) changes in the method for selling advertising spots
have made the interpretation and enforcement of the lowest unit
charge provision difficult and complex;
(4) clarification and simplification of the lowest unit
charge provision in the Communications Act of 1934 are
necessary to ensure compliance with the original intent of the
provision;
(5) in granting discounts and setting charges for
advertising time, broadcasters and operators of community
antenna television systems shall treat candidates for political
office at least as well as the most favored commercial
advertisers; and
(6) enhancing the disclosure requirements of the Federal
Election Campaign Act of 1971 will increase candidate
accountability to the electorate and enhance the ability of the
individual citizen to exercise informed judgment by more
effectively identifying the source of political advertising and
the credibility of each advocate.
SEC. 3. USE OF BROADCASTING STATIONS BY CANDIDATES FOR PUBLIC OFFICE.
Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``forty-five'' and inserting in
lieu thereof ``thirty'';
(B) by striking ``sixty'' and inserting in lieu
thereof ``forty-five''; and
(C) by striking ``class and'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting immediately after subsection (b) the
following new subsection:
``(c)(1) Except as provided in paragraph (2), a licensee shall not
preempt the use, during any period specified in subsection (b)(1), of a
broadcasting station by a legally qualified candidate for public office
who has purchased and paid for such use pursuant to the provisions of
subsection (b)(1).
``(2) If a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control of the
broadcasting station, any candidate advertising spot scheduled to be
broadcast during that program may also be preempted.''.
-S-E-C-. -4-. -P-O-L-I-T-I-C-A-L -A-D-V-E-R-T-I-S-I-N-G
-R-E-Q-U-I-R-E-M-E-N-T-S-.
-(-a-) -S-e-c-t-i-o-n -3-1-8-(-a-) -o-f -t-h-e -F-e-d-e-r-a-l
-E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2
-U-.-S-.-C-. -4-4-1-d-(-a-)-) -i-s -a-m-e-n-d-e-d---
-(-1-) -b-y -s-t-r-i-k-i-n-g -t-h-e -p-e-r-i-o-d -a-t
-t-h-e -e-n-d -o-f -p-a-r-a-g-r-a-p-h -(-3-) -a-n-d
-i-n-s-e-r-t-i-n-g -i-n -l-i-e-u -t-h-e-r-e-o-f -a
-s-e-m-i-c-o-l-o-n-; -a-n-d
-(-2-) -b-y -a-d-d-i-n-g -a-t -t-h-e -e-n-d -t-h-e
-f-o-l-l-o-w-i-n-g-:
-`-`-e-x-c-e-p-t -t-h-a-t -i-n -t-h-e -c-a-s-e -o-f -a-n-y
-c-o-m-m-u-n-i-c-a-t-i-o-n -a-u-t-h-o-r-i-z-e-d -b-y -a
-c-a-n-d-i-d-a-t-e -a-n-d -m-a-d-e -t-h-r-o-u-g-h -a
-b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n -o-r -a -c-o-m-m-u-n-i-t-y
-a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-, -s-u-c-h
-c-o-m-m-u-n-i-c-a-t-i-o-n -s-h-a-l-l -a-l-s-o -m-e-e-t -t-h-e
-f-o-l-l-o-w-i-n-g -r-e-q-u-i-r-e-m-e-n-t-s-:
-`-`-(-A-) -D-u-r-i-n-g -t-h-e -c-o-m-m-u-n-i-c-a-t-i-o-n-,
-t-h-e -f-o-l-l-o-w-i-n-g -s-h-a-l-l -b-e -s-t-a-t-e-d
-a-u-r-a-l-l-y -i-n -t-h-e -c-a-n-d-i-d-a-t-e-'-s -v-o-i-c-e-:
-`-I-, ____________-, -A -C-A-N-D-I-D-A-T-E -F-O-R
____________-, -H-A-V-E -A-P-P-R-O-V-E-D -O-F -T-H-I-S -A-D-'-,
-w-i-t-h -t-h-e -f-i-r-s-t -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g
-f-i-l-l-e-d -w-i-t-h -t-h-e -c-a-n-d-i-d-a-t-e-'-s -n-a-m-e
-a-n-d -t-h-e -s-e-c-o-n-d -b-l-a-n-k -s-p-a-c-e -b-e-i-n-g
-f-i-l-l-e-d -w-i-t-h -t-h-e -n-a-m-e -o-f -t-h-e -o-f-f-i-c-e
-s-o-u-g-h-t -b-y -t-h-e -c-a-n-d-i-d-a-t-e-.
-`-`-(-B-) -T-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y
-s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -s-h-a-l-l -b-e -s-p-o-k-e-n
-c-l-e-a-r-l-y -w-i-t-h-o-u-t -r-u-s-h-i-n-g-,
-d-i-s-g-u-i-s-i-n-g-, -o-r -d-e-e-m-p-h-a-s-i-z-i-n-g
-p-a-r-t-i-c-u-l-a-r -w-o-r-d-s-.
-`-`-(-C-) -I-n -t-h-e -c-a-s-e -o-f -a
-c-o-m-m-u-n-i-c-a-t-i-o-n -m-a-d-e -t-h-r-o-u-g-h -a
-t-e-l-e-v-i-s-i-o-n -b-r-o-a-d-c-a-s-t-i-n-g -s-t-a-t-i-o-n
-o-r -c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n
-s-y-s-t-e-m-, -t-h-e -b-a-c-k-g-r-o-u-n-d
-p-h-o-t-o-g-r-a-p-h-y -d-u-r-i-n-g -t-h-e -e-n-t-i-r-e
-t-i-m-e -t-h-e -s-t-a-t-e-m-e-n-t -r-e-q-u-i-r-e-d -b-y
-s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -i-s -m-a-d-e -s-h-a-l-l
-c-o-n-s-i-s-t -o-f -a-n -u-n-o-b-s-c-u-r-e-d -f-u-l-l -f-a-c-e
-p-i-c-t-u-r-e -o-f -t-h-e -c-a-n-d-i-d-a-t-e-,
-o-c-c-u-p-y-i-n-g -n-o -l-e-s-s -t-h-a-n -4-0 -p-e-r-c-e-n-t
-o-f -t-h-e -t-e-l-e-v-i-s-i-o-n -s-a-f-e -s-c-r-e-e-n
-a-r-e-a-, -a-g-a-i-n-s-t -a -n-e-u-t-r-a-l
-b-a-c-k-g-r-o-u-n-d-.-'-'-.
-(-b-) -S-e-c-t-i-o-n -3-1-8 -o-f -t-h-e -F-e-d-e-r-a-l
-E-l-e-c-t-i-o-n -C-a-m-p-a-i-g-n -A-c-t -o-f -1-9-7-1 -(-2
-U-.-S-.-C-. -4-4-1-d-) -i-s -a-m-e-n-d-e-d -b-y -a-d-d-i-n-g -a-t
-t-h-e -e-n-d -t-h-e -f-o-l-l-o-w-i-n-g -n-e-w -s-u-b-s-e-c-t-i-o-n-:
-`-`-(-c-) -A-s -u-s-e-d -i-n -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e
-`-c-o-m-m-u-n-i-t-y -a-n-t-e-n-n-a -t-e-l-e-v-i-s-i-o-n -s-y-s-t-e-m-'
-h-a-s -t-h-e -m-e-a-n-i-n-g -g-i-v-e-n -t-h-a-t -t-e-r-m -u-n-d-e-r
-s-e-c-t-i-o-n -3-1-5 -o-f -t-h-e -C-o-m-m-u-n-i-c-a-t-i-o-n-s -A-c-t
-o-f -1-9-3-4 -(-4-7 -U-.-S-.-C-. -3-1-5-)-.-'-'-.
SEC. 4. POLITICAL ADVERTISING REQUIREMENTS.
Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441d) is amended by adding at the end the following new subsection:
``(c)(1) In the case of any communication described in subsection
(a) that is authorized by a candidate, or by an authorized political
committee of the candidate or its agents, and made through a
broadcasting station or a community antenna television system, such
communication shall, in addition to the requirements of subsection (a),
also meet the following requirements:
``(A) At the end of the communication, and for no less than
6 seconds, the following shall be stated aurally in the
candidate's voice: `APPROVED BY ____________, CANDIDATE FOR
____________, AND PAID FOR BY ____________', with the first
blank space being filled with the name of the candidate or
candidate's committee, the second blank space being filled with
the name of the office sought by the candidate, and the third
blank space being filled with the name of the person who paid
for the communication.
``(B) The statement required by subparagraph (A) shall be
spoken clearly without rushing, disguising, or deemphasizing
particular words.
``(C) In the case of a communication made through a
television broadcasting station or community antenna television
system--
``(i) simultaneously with the statement required by
subparagraph (A), and occupying no less than 15 percent
of the television safe screen area, the following shall
appear visually: `APPROVED BY ____________, CANDIDATE
FOR ____________, AND PAID FOR BY ____________', with
the first blank space being filled with the name of the
candidate or candidate's committee, the second blank
space being filled with the name of the office sought
by the candidate, and the third blank space being
filled with the name of the person who paid for the
communication; and
``(ii) the background photography during the entire
time the statement required by subparagraph (A) is made
shall consist of an unobscured full face picture of the
candidate, occupying no less than 40 percent of the
television safe screen area, against a neutral
background.
``(2) In the case of any communication described in subsection (a)
that is not authorized by a candidate, an authorized political
committee of a candidate, or its agents, and that is made through a
broadcasting station or a community antenna television system, such
communication shall, in addition to the requirements of subsection (a),
also meet the following requirements:
``(A) At the end of the communication, and for no less than
6 seconds, the following shall be stated aurally: `PAID FOR BY
____________, AND NOT AUTHORIZED BY ANY CANDIDATE. FOR MORE
INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL ANNOUNCEMENT,
CONTACT ____________', with the first blank space being filled
with the name of the person who paid for the communication and
the second blank space being filled with the name, address, and
business phone number of the person who paid for the
communication.
``(B) The statement required by subparagraph (A) shall be
spoken clearly without rushing, disguising, or deemphasizing
particular words.
``(C) In the case of a communication made through a
television broadcasting station or community antenna television
system, the following shall, simultaneously with the statement
required by subparagraph (A), and occupying no less than 40
percent of the television safe screen area, appear visually:
`PAID FOR BY ____________, AND NOT AUTHORIZED BY ANY CANDIDATE.
FOR MORE INFORMATION ON THE SPONSOR OF THIS PAID POLITICAL
ANNOUNCEMENT, CONTACT ____________', with the first blank space
being filled with the name of the person who paid for the
communication and the second blank space being filled with the
name, address, and business phone number of the person who paid
for the communication.
``(3) As used in this subsection, the term `community antenna
television system' has the meaning given that term under section 315 of
the Communications Act of 1934 (47 U.S.C. 315).''. | Campaign Advertising and Disclosure Act of 1993 - Amends the Communications Act of 1934 to: (1) reduce the period during which broadcast media rates for candidates may not exceed the lowest unit charge for the same time class and amount of time; (2) limit the cost to qualified candidates of broadcasting time for pre-election political advertising to the lowest rate charged for any time in the same period; and (3) prohibit any broadcast licensee from preempting the use of any such time purchased by a qualified candidate.
Amends the Federal Election Campaign Act of 1971 to mandate certain aural and visual political advertising requirements which unambiguously identify the candidate, the candidate's authorized political committee or its agents, and in the broadcast media the sponsor of such political advertising. | {"src": "billsum_train", "title": "Campaign Advertising and Disclosure Act of 1993"} | 4,570 | 155 | 0.59751 | 1.717929 | 0.698477 | 2.151724 | 27.641379 | 0.841379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentivize Growth Now In Tomorrow's
Entrepreneurs Act of 2017''.
SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS
``Sec. 530A. Small Business Start-Up Savings Accounts.
``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--A small business start-up savings account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, the small business start-up savings account shall
be subject to the taxes imposed by section 511 (relating to imposition
of tax on unrelated business income of charitable organizations).
``(b) Small Business Start-Up Savings Account.--The term `small
business start-up savings account' means a trust created or organized
in the United States exclusively for the purpose of making qualified
start-up expenditures of the individual who is the designated
beneficiary of the trust (and designated as a small business start-up
savings account at the time created or organized), but only if the
written governing instrument creating the trust meets the following
requirements:
``(1) Except in the case of a rollover contribution
described in subsection (d)(4), no contribution will be
accepted unless it is in cash, and contributions will not be
accepted if such contribution would result in aggregate
contributions for the taxable year not exceeding the lesser
of--
``(A) $10,000, or
``(B) an amount equal to the compensation (as
defined in section 219(f)(1)) includible in the
individual's gross income for such taxable year.
``(2) The trustee is a bank (as defined in section 408(n))
or such other person who demonstrates to the satisfaction of
the Secretary that the manner in which such other person will
administer the trust will be consistent with the requirements
of this section.
``(3) No part of the trust funds will be invested in life
insurance contracts.
``(4) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' has the meaning given such term by section 195.
``(2) Special rule for corporation or partnership
interests.--Such term includes the taxpayer's allocable share
of qualified start-up expenditures of an entity in which the
taxpayer directly holds stock or a capital or profits interest.
``(3) Exception.--Such term shall not apply to any
expenditures paid or incurred in a taxable year in connection
with a trade or business if there is any day during the taxable
year on which the number of full-time employees of the trade or
business exceeds 50.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Any distribution shall be includible in
the gross income of the distributee in the manner as provided
in section 72.
``(2) Distributions for qualified start-up expenditures.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
start-up expenditures of the individual during the
taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
start-up expenditures bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified start-
up expenditure to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any small business
start-up savings account of an individual, paragraph
(1) shall not apply to distributions from the small
business start-up savings accounts of such individual
(to the extent such distributions do not exceed the
aggregate excess contributions to all such accounts of
such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (4)) which when added to all
previous contributions for the taxable year exceeds the
amount allowable as a contribution under subsection
(b)(1).
``(4) Rollover contribution.--Paragraph (1) shall not apply
to any amount paid or distributed from a small business start-
up savings account to the account beneficiary to the extent the
amount received is paid into a small business start-up savings
account for the benefit of such beneficiary not later than the
60th day after the day on which the beneficiary receives the
payment or distribution. For purposes of this paragraph, rules
similar to the rules of section 408(d)(3)(D) shall apply.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a small business start-
up savings account to an individual's spouse or former spouse
under a divorce or separation instrument described in
subparagraph (A) of section 71(b)(2) shall not be considered a
taxable transfer made by such individual notwithstanding any
other provision of this subtitle, and such interest shall,
after such transfer, be treated as a small business start-up
savings account with respect to which such spouse is the
account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A) Treatment if designated beneficiary is
spouse.--If the account beneficiary's surviving spouse
acquires such beneficiary's interest in a small
business start-up savings account by reason of being
the designated beneficiary of such account at the death
of the account beneficiary, such account shall be
treated as if the spouse were the account beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account beneficiary, any person
acquires the account beneficiary's interest in
a small business start-up savings account in a
case to which subparagraph (A) does not apply--
``(I) such account shall cease to
be a small business start-up savings
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 beneficiary, in such
person's gross income for the taxable
year which includes such date, or if
such person is the estate of such
beneficiary, in such beneficiary's
gross income for the last taxable year
of such beneficiary.
``(ii) Special rules.--
``(I) Reduction of inclusion for
predeath expenses.--The amount
includible in gross income under clause
(i) by any person (other than the
estate) shall be reduced by the amount
of qualified start-up expenditures
which were incurred by the decedent
before the date of the decedent's death
and paid by such person within 1 year
after such date.
``(II) Deduction for estate
taxes.--An appropriate deduction shall
be allowed under section 691(c) to any
person (other than the decedent or the
decedent's spouse) with respect to
amounts included in gross income under
clause (i) by such person.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in subsection (n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute a small business
start-up account described in subsection (a). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(g) Adjustment for Inflation.--In the case of a taxable year
beginning after December 31, 2017, the dollar amount in subsection
(b)(1) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2016' for
`calendar year 1992' in subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest multiple
of $100.
``(h) Reports.--The trustee of a small business start-up savings
account shall make such reports regarding such account to the Secretary
and to the individual for whom the account is, or is to be, maintained
with respect to contributions (and the years to which they relate),
distributions, aggregating $10 or more in any calendar year, and such
other matters as the Secretary may require. The reports required by
this subsection--
``(1) shall be filed at such time and in such manner as the
Secretary prescribes, and
``(2) shall be furnished to individuals--
``(A) not later than January 31 of the calendar
year following the calendar year to which such reports
relate, and
``(B) in such manner as the Secretary prescribes.
``(i) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section, including
for purposes of subsection (c)(2) the making reports by regarding
qualified start-up expenditures of an entity in which the taxpayer
directly holds stock or a capital or profits interest.''.
(b) Tax on Prohibited Transactions.--
(1) In general.--Paragraph (1) of section 4975(e) of such
Code (relating to prohibited transactions) is amended by
striking ``or'' at the end of subparagraph (F), by
redesignating subparagraph (G) as subparagraph (H), and by
inserting after subparagraph (F) the following new
subparagraph:
``(G) a small business start-up savings account
described in section 530A, or''.
(2) Special rule.--Subsection (c) of section 4975 of such
Code is amended by adding at the end of subsection (c) the
following new paragraph:
``(7) Special rule for small business start-up savings
accounts.--An individual for whose benefit a small business
start-up savings account is established and any contributor to
such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 530A(d)(1) applies with respect to such transaction or
if such transaction is a qualified start-up expenditure (as
defined in section 530A(c)).''.
(c) Failure To Provide Reports on Small Business Start-Up Savings
Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by adding
at the end the following new subparagraph:
``(F) section 530A(h) (relating to small business
start-up savings accounts).''.
(d) Excess Contributions.--
(1) Tax imposed.--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:
``(7) a small business start-up savings account (within the
meaning of section 530A(b)),''.
(2) Excess contributions to small business start-up savings
accounts defined.--Section 4973 of such Code is amended by
adding at the end the following new subsection:
``(i) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to a small business start-up savings account (within the meaning of
section 530A(b)), the term `excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed for the taxable year
to such accounts (other than a rollover contribution
described in section 530A(d)(4)), over
``(B) the amount allowable as a contribution under
section 530A(b)(1), and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of the maximum amount
allowable as a contribution under sections 530A(b)(1)
for the taxable year over the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which is
distributed from a small business start-up savings account in a
distribution described in section 530A(d)(3) shall be treated
as an amount not contributed.''.
(e) Clerical Amendment.--The table of contents for subchapter F of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IX. Small Business Start-Up Savings Accounts''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2017 This bill amends the Internal Revenue Code to create tax-exempt small business start-up savings accounts to pay for the start-up expenses of a business that does not employ more than 50 full-time employees during a taxable year. Cash contributions to such accounts are allowed up to the lesser of $10,000 or the amount of compensation includible in the taxpayer's gross income for the taxable year. (Start-up expenditures are paid or incurred in connection with: (1) investigating the creation or acquisition of an active trade or business; (2) creating an active trade or business; or (3) any activity engaged in for profit and for the production of income before the day on which the active trade or business begins, in anticipation of the activity becoming an active trade or business.) | {"src": "billsum_train", "title": "Incentivize Growth Now In Tomorrow\u2019s Entrepreneurs Act of 2017"} | 3,358 | 177 | 0.562369 | 1.585318 | 0.776924 | 2.379518 | 18.481928 | 0.873494 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Humanitarian Exports Leading to
Peace Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Iraqi people suffered under a decade of war and
continue to suffer under a repressive regime and the most
comprehensive economic sanctions ever imposed on any country.
(2) The economic sanctions have caused extraordinary
hardship on the people of Iraq and failed to weaken the
leadership of Iraq, and have undermined the institutions of
civil society which are necessary for democratic political
life.
(3) The investigative panel established by the United
Nations Security Council and other independent bodies have
confirmed that the United Nations Oil-for-Food program has
failed to adequately meet the needs of the Iraqi people.
(4) According to the United States Department of
Agriculture, Iraq represents a potential market for nearly
$1,000,000,000 in agricultural products from the United States.
(5) The sanctions regime continues to harm the Iraqi
population for the crimes of its leaders and has not served
either the goal of the United States of punishing Iraq's
leaders or disarming weapons of mass destruction.
(6) Rigorous weapons inspections and adequate provision for
civilian needs in Iraq are not mutually exclusive.
(7) The devastating effect of the economic sanctions on
Iraq has been reported by numerous international and
independent bodies, including the following:
(A) The Center for Economic and Social Rights of
the United Nations documented dramatic increases in
malnutrition and disease, leading to the deaths of
hundreds of thousands of children under the age of 5
since 1991.
(B) UNICEF reported in 1995 that ``no significant
movement towards food security can be achieved so long
as the embargo remains in place''. Further, despite the
Oil-for-Food Program, UNICEF reported in July 1999
survey findings that ``Both the infant mortality rate
and the under-five mortality rate consistently show a
major increase in mortality over the 10 years preceding
the survey. More specifically, the results show that
the infant mortality rate has increased from 47 deaths
per 1,000 live births for the period 1984-89, to 108
deaths per 1,000 live births for the period 1994-99.''.
(C) A report authorized by the United National
Security Council on March 30, 1999, found that ``the
gravity of the humanitarian situation of the Iraqi
people is indisputable and cannot be overstated.''.
Further, it emphasized that ``Even if not all suffering
in Iraq can be imputed to external factors, especially
sanctions, the Iraqi people would not be undergoing
such deprivations in the absence of the prolonged
measures imposed by the Security Council and the
effects of the war''.
(D) UNICEF and the World Food Program found in 1997
that ``One out of every 4 young Iraqi children is
malnourished. More than 750,000 children are suffering
from malnutrition''.
SEC. 3. LIMITATION ON PROHIBITIONS AND RESTRICTIONS ON TRADE WITH IRAQ
TO ALLOW FOR THE EXPORT OF FOOD, MEDICINES, AND CERTAIN
OTHER PRODUCTS.
The sanctions applied with respect to Iraq under the Iraq Sanctions
Act of 1990 (sections 586-586J of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public Law
101-513)) or any other provision of law shall not apply with respect to
the export to Iraq of any food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment, or with respect to travel incident
to the sale or delivery to Iraq of food or other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, or medical equipment.
SEC. 4. ADMINISTRATION BY SECRETARY OF COMMERCE.
(a) Administration by Secretary of Commerce.--The Secretary of
Commerce shall exercise the authorities of the Export Administration
Act of 1979, as in effect pursuant to the International Emergency
Economic Powers Act, to carry out section 3, except that--
(1) the Secretary may not require a license for the export
of any of the items to which section 3 applies; but
(2) the Secretary shall require persons exporting such
items to notify the Secretary of such exports.
(b) Regulations.--The Secretary of Commerce shall issue such
regulations as are necessary to carry out section 3.
SEC. 5. CONFORMING AMENDMENT.
Section 906(a)(1) of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the 106th Congress,
as enacted into law by section 1(a) of Public Law 106-387) is amended
by inserting ``(other than Iraq)'' after ``government of a country''.
SEC. 6. SENSE OF CONGRESS.
It is the sense of the Congress that the United States Government
should take all necessary steps to end the suffering of innocent
populations, primarily children and the elderly, by allowing the free
flow of humanitarian aid to Iraq without threat of prosecution. Such
steps should include, but not be limited to, using its position as a
permanent member of the United Nations Security Council--
(1) to lift the economic sanctions on Iraq so as to allow
exports and travel referred to in section 3; and
(2) to recommend a ban on transfers of weapons to Iraq by
countries that are members of the United Nations.
SEC. 7. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Iraq of food and other agricultural products
(including fertilizer), medicines, medical supplies, medical
instruments, and medical equipment, since the enactment of this
Act;
(2) the impact the exports have had on food security in
Iraq;
(3) a description of the types and end users of the goods
so exported;
(4) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Iraq since the enactment of this Act--
(A) have been diverted by the Government of Iraq or
any other third party from the intended recipients; or
(B) have been used for any unintended
nonhumanitarian or dual-use purposes; and
(5) what steps the United States has taken through the
United Nations, with the cooperation of Security Council
members, to--
(A) lift nonmilitary sanctions on Iraq, including
actions described in section 6; or
(B) impose a strict regional arms control regime
pursuant to Article 14 of Security Council Resolution
687. | Humanitarian Exports Leading to Peace Act of 2001 - Declares that certain sanctions prohibiting trade with Iraq under the Iraq Sanctions Act of 1990 or any other provision of law shall not apply with respect to the export of any food or other agricultural products (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or with respect to travel incident to the sale or delivery of such items.Directs the Secretary of Commerce to exercise the authorities of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act) to carry out this Act; except that the Secretary may not require a license for the export of humanitarian assistance, but shall require persons to notify the Secretary when exporting such assistance.Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to repeal a specified section prohibiting the export to Iraq of agricultural commodities (including the financing of their sale), medicine, or medical devices, and travel (effectively allowing the export of such commodities and travel to such country).Expresses the sense of Congress that the U.S. Government should take all necessary steps to end the suffering of innocent populations, primarily children and the elderly, by allowing the free flow of humanitarian aid to Iraq without threat of prosecution. Urges the U.S. Government to use its position as a permanent member of the United Nations (UN) Security Council to lift the economic sanctions on Iraq so as to allow such exports and travel there, and to recommend a ban on transfers of weapons to such country by countries that are members of the UN. | {"src": "billsum_train", "title": "To provide the people of Iraq with access to food and medicines from the United States, and for other purposes."} | 1,444 | 337 | 0.370147 | 1.342062 | 0.581073 | 5.675676 | 4.672297 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited to as the ``Umatilla Basin Project Completion
Act''.
SEC. 2. AUTHORITY TO COMPLETE THIRD PHASE OF UMATILLA BASIN PROJECT.
The Umatilla Basin Project Act (102 Stat. 2791) is amended by
adding at the end the following new sections:
``SEC. 215. UMATILLA BASIN PROJECT PHASE III EXCHANGE.
``(a) Authorization of Project Construction.--(1) Effective upon
the boundary adjustments under section 216(a), the Secretary is
authorized to construct a third and final phase of the Umatilla Basin
Project to provide additional flows in the Umatilla River for
anadromous fish through a water exchange with Westland Irrigation
District.
``(2) Prior to construction, the Secretary shall complete a
feasibility study to identify alternatives to provide Westland
Irrigation District and other Umatilla River Basin water users with
exchange flows of approximately 220 cubic feet per second to restore
the Umatilla River fishery, as determined through analysis in a
feasibility study under paragraph (3).
``(3)(A) The feasibility study for the Phase III exchange
facilities shall examine engineering, environmental, and economic
factors associated with project alternatives, including but not limited
to: technical engineering and hydrologic analyses pertinent to the
identification and design of alternatives; biological analyses of
instream flow levels to optimize anadromous fish restoration; and
assessment of the best biological value per unit expenditure among the
alternatives.
``(B) The feasibility study shall also include an analysis of
inclusion of other irrigators in the exchange; consolidation of
irrigation delivery facilities; potential for voluntary water
transfers; optimization of water delivery scheduling for all four
irrigation districts; appropriate backup systems; water conservation
opportunities; and such other analyses as the Secretary may consider
appropriate to improve the exchange project for fishery restoration
purposes.
``(4) Prior to completion of Phase III facilities, the Secretary
shall negotiate and execute an exchange agreement with the Westland
Irrigation District to allow the use of Columbia River water in
exchange for an equivalent amount of Umatilla River or McKay Reservoir
water. Additional exchange agreements with other water users may be
executed either before or after the completion of Phase III. The
exchange agreement shall incorporate water delivery scheduling
optimization, conservation, water transfer, and other technical
operational measures recommended in the feasibility study.
``(b) Operation and Maintenance Costs.--All exchange system
operation and maintenance costs and any increased operation and
maintenance costs to the project caused by the Phase III exchange shall
be the responsibility of the Federal Government and shall be
nonreimbursable.
``(c) Power for Project Pumping.--The Administrator of the
Bonneville Power Administration (hereinafter in this subsection
referred to as the `Administrator'), consistent with provisions of the
Columbia River Basin Fish and Wildlife Program established pursuant to
the Pacific Northwest Electric Power Planning and Conservation Act (94
Stat. 2697), shall provide for project power needed to effect the Phase
III water exchange for purposes of mitigating anadromous fishery
impacts. The cost of power shall be calculated as an offset to the
Administrator's annual Treasury payments for operation and maintenance
of the Federal Columbia River Power System.
``(d) Integration and Coordination of Facilities.--Project
facilities authorized by sections 215 through 219 shall be integrated
and coordinated into the existing Umatilla Basin Project.
``SEC. 216. UMATILLA BASIN IRRIGATION DISTRICTS BOUNDARY ADJUSTMENT.
``(a) In General.--(1) Effective upon completion of environmental
reviews and approval by the Secretary, the boundaries of the Umatilla
Basin Project irrigation districts are adjusted by operation of law as
follows:
``(A) Hermiston Irrigation District's boundaries are
adjusted to include the 1,091 acres identified in its 1993
request to the Bureau of Reclamation.
``(B) Stanfield Irrigation District's boundaries are
adjusted to include the 3,549 acres identified in its 1993
request to the Bureau of Reclamation.
``(C) West Extension Irrigation District's boundaries are
adjusted to include the 2,436.8 acres identified in the June
1993 Bureau of Reclamation Land Classification Report as
irrigable.
``(D) Westland Irrigation District's boundaries are
adjusted to include the 9,912 acres identified in its 1993
request to the Bureau of Reclamation.
``(2) The Secretary shall complete environmental reviews pursuant
to this subsection no later than 6 months after the date of enactment
of the Umatilla Basin Project Completion Act and at no cost to the
Umatilla Basin Project irrigation districts.
``(b) Provision of McKay Reservoir Water for Environmental
Enhancement.--(1) After the boundary adjustments under subsection (a),
the Umatilla Basin Project irrigation districts shall provide water for
environmental enhancement from McKay Reservoir to the Secretary in
accordance with Option A or Option B, as specified by the Secretary.
``(2)(A)(i) Under Option A, the irrigation districts shall
provide storage capacity from McKay Reservoir for environmental
enhancement purposes each year equal the applicable amount
stated in clause (ii), or the corresponding percentage of fill
as determined by the Bureau of Reclamation, whichever is less.
``(ii) The applicable amounts referred to in clause (i) are
the following:
``(I) In 1997, 6,500 acre feet.
``(II) In 1998, 5,500 acre feet.
``(III) In 1999, 4,500 acre feet.
``(IV) In 2000, 3,500 acre feet.
``(V) In 2001, 3,000 acre feet.
``(VI) In 2002, 3,000 acre feet.
``(B) Under Option B, the irrigation districts shall
provide storage capacity from McKay Reservoir for environmental
enhancement purposes, equal to 6,500 acre feet of water or the
corresponding percentage of fill as determined by the Bureau of
Reclamation, whichever is less, in each calendar year beginning
in 1997 and ending in the year 2002: Provided, That the
Secretary grant $300,000 by March 1st of each calendar year
1997 through 2002 to the Westland Irrigation District of the Umatilla
Project for water district improvements or other uses deemed
appropriate by the District: Provided further, if the Secretary fails
to grant the $300,000 by March 1st in any calendar year between 1997
and 2002 for purposes of this subsection the District is not required
to provide any water for that calendar year.
``(C) Not later than 9 months after the date of enactment of the
Umatilla Basin Project Completion Act, the Secretary shall specify
Option A or Option B and notify the Umatilla Basin Project irrigation
districts of that specification.
``(c) Requirements for Receiving Project Water.--Notwithstanding
any other provision of this title, no parcel may receive Umatilla Basin
Project water unless it has a valid State water right and is classified
as irrigable in the Bureau of Reclamation's Land Classification Report.
``(d) Provision of Description of Boundaries.--A legal description
of the irrigation district boundaries as adjusted under subsection (a),
including land classification and project boundary maps, shall be
provided as an attachment to all 4 Umatilla Basin Project irrigation
districts' existing contracts.
``(e) Limitation on Altering Ability To Pay Determination.--No
alteration in the ability to pay determination for the Umatilla Basin
Project irrigation districts may be made as a result of the irrigation
district boundary adjustments made by subsection (a).
``SEC. 217. WATER PROTECTION AND MANAGEMENT.
``The Secretary, in cooperation with the Confederated Tribes of the
Umatilla Indian Reservation (hereinafter in this section referred to as
the `Tribes'), shall initiate discussions with the State of Oregon
(hereinafter in this section referred to as the `State') regarding the
Tribes' water claims and other water needs in the Umatilla River Basin.
To facilitate these discussions of water claims, the Secretary shall do
the following:
``(1) The Secretary, taking into account the facilities and
analyses authorized by sections 215 through 219, shall work
with the State, the Tribes, irrigation districts, the
Bonneville Power Administration, and the affected public to
develop a water management plan for the Umatilla River Basin.
The plan shall address restoration of the Umatilla River Basin
anadromous fishery. The Secretary shall also develop an
integrated ground water/surface water model of the Upper
Umatilla River Basin.
``(2) Within 2 years after the date of enactment of the
Umatilla Basin Project Completion Act, the Secretary shall
report to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives on the progress of--
``(A) the facilities authorized by sections 215
through 219 of this title;
``(B) the water management plan;
``(C) the ground water/surface water model; and
``(D) the status of discussions of tribal water
claims in the Umatilla River Basin.
``SEC. 218. JOINT WATER SUPPLY SYSTEM.
``Effective upon the boundary adjustments under section 216(a), the
Secretary is authorized to contract with the Tribes for the
construction of a portion of an off-stream storage reservoir of
approximately 10,000 acre-feet capacity, with associated works. Such
authorization shall not include water treatment facilities. Such
reservoir is to be located on or adjacent to the Tribes' reservation in
Oregon: Provided, That:
``(1) The Secretary can demonstrate through appropriate
feasibility level planning and environmental studies that the
facility can be built in a manner which conforms to all
applicable Federal, State, and Tribal laws and that the project siting
and construction minimizes any adverse effects on the Umatilla River
fishery.
``(2) Diversions for storage will not reduce Umatilla River
flows below the levels necessary to restore and support the
Umatilla River anadromous fishery. In diverting water for
storage and operation of the reservoir, the Tribes and the city
of Pendleton (hereinafter in this section referred to as the
`City') may agree to higher levels of protection of instream
flows. The reservoir shall be filled only during periods of
high flow, and in such a manner as to preserve the ecological
value of high flow events in the Umatilla River, as determined
by Federal, State, and tribal fishery experts.
``(3) The City agrees to provide up to $16,000,000 (in
addition to the $6,500,000 authorized by section 219(4)) for
the tribal share of feasibility level planning and
environmental studies and to construct the reservoir and
associated works provided for by this title. Any cost overruns
beyond the $22,500,000 estimated for the reservoir and
associated works authorized by this section and section 219(4)
shall be allocated 70 percent to the City and 30 percent to the
Tribes, unless they mutually agree otherwise.
``(4) The City, subject to applicable Federal, State, and
tribal laws, shall use all of its water rights to the Umatilla
River and its tributaries with priority dates after January 1,
1910, including those rights identified in Oregon Regulatory
Statute 538.450, for instream flow purposes to improve the
Umatilla River anadromous fishery, provided that adequate water
from the reservoir project is available for municipal use.
``(5) The City and the Tribes will share all operation and
maintenance costs on a pro rata basis, determined by the amount
of water in the reservoir reserved for each government's use,
unless the City and the Tribes mutually agree to an alternative
cost allocation.
``(6) Title to the reservoir facility will be held jointly
in the name of the City and the United States, in trust for the
Tribes. The Secretary may negotiate a contract transferring
operation and maintenance responsibility to either the Tribes
or the City, pursuant to all applicable State, Federal, and
tribal law.
``(7) The Secretary may direct that funds authorized under
this section be contracted to the Tribes, under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450
et seq.).
``SEC. 219. AUTHORIZATION OF APPROPRIATIONS.
``Effective upon the boundary adjustments under section 216(a),
there are authorized to be appropriated to the Secretary, plus or minus
such amounts as may be justified by reason of ordinary fluctuations of
applicable cost indexes, the following sums, without fiscal year
limitation:
``(1) Not to exceed $64,000,000 for feasibility studies,
environmental studies, and construction of the Phase III
Exchange: Provided, That all costs of Phase III planning and
construction, including operation and maintenance costs
allocated to the mitigation of anadromous fish species and the
study authorized by section 215 of this Act, shall be
nonreimbursable: Provided further, That not more than 25
percent of the amount appropriated under this paragraph may be
expended for administrative overhead costs.
``(2) Not to exceed $500,000 for tribal water claims
discussions, a water management plan, and an integrated ground
water/surface water model, as provided for in section 217(a).
``(3) Not to exceed $400,000 annually for enforcement and
protection of Phases I, II, and III exchange water for instream
uses.
``(4) Not to exceed $6,500,000 for feasibility studies,
environmental studies, and construction of the Tribes' portion
of an off-stream storage reservoir and associated works, as
authorized in section 218 of this title.''.
SEC. 3. WATER RIGHTS.
In relation to the Umatilla Basin Project, nothing in this Act
shall--
(1) impair the validity of or preempt any provision of
State law with respect to water or water rights, or of any
interstate compact governing water or water rights;
(2) create a right to the diversion or use of water, other
than--
(A) as established pursuant to the substantive and
procedural requirements of State law; and
(B) as recognized under State law;
(3) impair any valid water right;
(4) establish or create any water rights for any party; or
(5) be construed to create directly or indirectly an
express or implied Federal reserved water right for any
purpose.
SEC. 4. SENSE OF THE CONGRESS.
It is the sense and expectation of the Congress that construction
and operation of Phase III, the perpetual operation of the integrated
Umatilla Basin Project, and the construction and operation of the Joint
Water Supply System, as authorized in section 218 of the Umatilla Basin
Project Act, will fulfill obligations of the Federal Government to
provide the Confederated Tribes of the Umatilla Indian Reservation with
water for fishery purposes in the Umatilla River below the mouth of
McKay Creek, as recognized by their 1855 treaty with the United States. | Umatilla Basin Project Completion Act - Amends the Umatilla Basin Project Act to authorize the Secretary of the Interior to construct a third and final phase (phase III) of the Umatilla Basin Project to provide additional water flows into the Umatilla River for anadromous fish through a water exchange with the Westland Irrigation District. Requires a feasibility study prior to such construction. Requires the execution of an exchange agreement with the District to allow the use of Columbia River water in exchange for an equal amount of Umatilla River or McKay Reservoir water. Authorizes agreements with other water users before completion of phase III. Requires the Administrator of the Bonneville Power Administration to provide for Project power necessary to effect the phase III water exchange.
Adjusts the boundaries of the four Project irrigation districts. Requires the irrigation districts, after the boundary adjustments, to provide water for environmental enhancement from McKay Reservoir to the Secretary under one of two options, as specified by the Secretary. Requires the Secretary to notify the districts of the option chosen within nine months after the enactment of this Act.
Prohibits any parcel from receiving Project water unless it has a valid State water right and is classified as irrigable. Requires an updated description of irrigation districts' boundaries as an attachment to all existing Project contracts.
Directs the Secretary to initiate discussions with the State of Oregon regarding the water claims of the Confederated Tribes of the Umatilla Indian Reservation and other water needs in the Umatilla River Basin. Authorizes the Secretary to contract with the Tribes for the construction of a portion of an off-stream storage reservoir of specified capacity and associated works, to be located on or adjacent to the Tribes' reservation.
Authorizes appropriations.
Protects existing water rights.
Expresses the sense of the Congress that construction and operation of phase III, the perpetual operation of the integrated Project, and construction and operation of the joint water supply system (as authorized under the prior Act) will fulfill all Government obligations to provide the Tribes with water for fishery purposes in the Umatilla River below the mouth of McKay Creek, as recognized under the Tribes' treaty with the United States. | {"src": "billsum_train", "title": "Umatilla Basin Project Completion Act"} | 3,363 | 513 | 0.683142 | 2.199767 | 0.789446 | 4.857494 | 7.390663 | 0.92629 |
SECTION 1. GREATER ENERGY EFFICIENCY IN BUILDING CODES.
(a) In General.--Section 304 of the Energy Conservation and
Production Act (42 U.S.C. 6833) is amended to read as follows:
``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
``(a) Updating National Model Building Energy Codes.--(1) The
Secretary shall support updating the national model building energy
codes and standards at least every 3 years to achieve overall energy
savings, compared to the 2006 IECC for residential buildings and ASHRAE
Standard 90.1-2007 for commercial buildings, of at least--
``(A) 30 percent in editions of each model code or standard
released in or after 2010; and
``(B) 50 percent in editions of each model code or standard
released in or after 2020.
Targets for specific years shall be set by the Secretary at least 3
years in advance of each target year, coordinated with the IECC and
ASHRAE Standard 90.1 cycles, at the maximum level of energy efficiency
that is technologically feasible and life-cycle cost effective.
``(2)(A) Whenever the provisions of the IECC or ASHRAE Standard
90.1 regarding building energy use are revised, the Secretary shall
make a preliminary determination not later than 90 days after the date
of the revision, and a final determination not later than 12 months
after the date of such revision, on--
``(i) whether such revision will improve energy efficiency
in buildings; and
``(ii) whether such revision will meet the targets under
paragraph (1).
``(B) If the Secretary makes a determination under subparagraph
(A)(ii) that a code or standard does not meet the targets under
paragraph (1), or if a national model code or standard is not updated
for more than 3 years, then the Secretary shall, within 12 months after
such determination, establish a modified code or standard that meets
such targets. Any such modified code or standard--
``(i) shall achieve the maximum level of energy savings
that is technologically feasible and life-cycle cost-effective;
``(ii) shall be based on the latest revision of the IECC or
ASHRAE Standard 90.1, including any amendments or additions
thereto, but may also consider other model codes or standards;
and
``(iii) shall serve as the baseline for the next
determination under subparagraph (A)(i).
``(C) The Secretary shall provide the opportunity for public
comment on targets, determinations, and modified codes and standards
under this subsection, and shall publish notice of targets,
determinations, and modified codes and standards under this subsection
in the Federal Register.
``(b) State Certification of Building Energy Code Updates.--(1) Not
later than 2 years after the date of enactment of this subsection, each
State shall certify to the Secretary that it has reviewed and updated
the provisions of its residential and commercial building codes
regarding energy efficiency. Such certification shall include a
demonstration that such State's code provisions meet or exceed the 2006
IECC for residential buildings and the ASHRAE Standard 90.1-2007 for
commercial buildings, or achieve equivalent or greater energy savings.
``(2)(A) If the Secretary makes an affirmative determination under
subsection (a)(2)(A)(i) or establishes a modified code or standard
under subsection (a)(2)(B), each State shall, within 2 years after such
determination or establishment, certify that it has reviewed and
updated the provisions of its building code regarding energy
efficiency. Such certification shall include a demonstration that such
State's code provisions meet or exceed the revised code or standard, or
achieve equivalent or greater energy savings.
``(B) If the Secretary fails to make a determination under
subsection (a)(2)(A)(i) by the date specified in subsection (a)(2), or
makes a negative determination, each State shall within 2 years after
the specified date or the date of the determination, certify that it
has reviewed the revised code or standard, and updated the provisions
of its building code regarding energy efficiency to meet or exceed any
provisions found to improve energy efficiency in buildings, or to
achieve equivalent or greater energy savings in other ways.
``(c) State Certification of Compliance With Building Codes.--(1)
Each State shall, not later than 3 years after a certification under
subsection (b), certify that it has--
``(A) achieved compliance under paragraph (3) with the
certified State building energy code or with the associated
model code or standard; or
``(B) made significant progress under paragraph (4) toward
achieving compliance with the certified State building energy
code or with the associated model code or standard.
If the State certifies progress toward achieving compliance, the State
shall repeat the certification each year until it certifies that it has
achieved compliance.
``(2) A certification under paragraph (1) shall include
documentation of the rate of compliance based on independent
inspections of a random sample of the new and renovated buildings
covered by the code in the preceding year, or based on an alternative
method that yields an accurate measure of compliance.
``(3)(A) A State shall be considered to achieve compliance under
paragraph (1) if--
``(i) at least 90 percent of new and renovated building
space covered by the code in the preceding year substantially
meets all the requirements of the code regarding energy
efficiency, or achieves an equivalent energy savings level; or
``(ii) the estimated excess energy use of new and renovated
buildings that did not meet the code in the preceding year,
compared to a baseline of comparable buildings that meet the
code, is not more than 5 percent of the estimated energy use of
all new and renovated buildings covered by the code in the
preceding year.
``(B) Only renovations with building permits are covered under this
paragraph. If the Secretary determines the percentage targets under
subparagraph (A) are not reasonably achievable for renovated
residential or commercial buildings, the Secretary may reduce the
targets for such renovated buildings to the highest achievable level.
``(4)(A) A State shall be considered to have made significant
progress toward achieving compliance for purposes of paragraph (1) if
the State--
``(i) has developed and is implementing a plan for
achieving compliance within 8 years, assuming continued
adequate funding, including active training and enforcement
programs;
``(ii) after 1 or more years of adequate funding, has
demonstrated progress, in conformance with the plan described
in clause (i), toward compliance;
``(iii) after 5 or more years of adequate funding, meets
the requirement in paragraph (3) substituting 80 percent for 90
percent or substituting 10 percent for 5 percent; and
``(iv) has not had more than 8 years of adequate funding.
``(B) Funding shall be considered adequate, for purposes of this
paragraph, when the Federal Government provides to the States at least
$50,000,000 in a year in funding and support for development and
implementation of State building energy codes, including for training
and enforcement.
``(d) Failure To Meet Deadlines.--(1) A State that has not made a
certification required under subsection (b) or (c) by the applicable
deadline shall submit to the Secretary a report on--
``(A) the status of the State with respect to meeting the
requirements and submitting the certification; and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Any State for which the Secretary has not accepted a
certification by a deadline under subsection (b) or (c) of this section
is out of compliance with this section.
``(3) In any State that is out of compliance with this section, a
local government may be in compliance with this section by meeting the
certification requirements under subsections (b) and (c) of this
section.
``(4) The Secretary shall annually submit to Congress, and publish
in the Federal Register, a report on the status of national model
building energy codes and standards, the status of code adoption and
compliance in the States, and implementation of this section. The
report shall include estimates of impacts of past action under this
section and potential impacts of further action on lifetime energy use
by buildings and resulting energy costs to individuals and businesses.
``(e) Technical Assistance.--(1) The Secretary shall on a timely
basis provide technical assistance to model code-setting and standard
development organizations. This assistance shall include technical
assistance as requested by the organizations in evaluating code or
standards proposals or revisions, building energy analysis and design
tools, building demonstrations, and design assistance and training. The
Secretary shall submit code and standard amendment proposals, with
supporting evidence, sufficient to enable the national model building
energy codes and standards to meet the targets in subsection (a)(1).
``(2) The Secretary shall provide technical assistance to States to
implement the requirements of this section, including procedures for
States to demonstrate that their code provisions achieve equivalent or
greater energy savings than the national model codes and standards, and
to improve and implement State residential and commercial building
energy efficiency codes or to otherwise promote the design and
construction of energy efficient buildings.
``(f) Availability of Incentive Funding.--(1) The Secretary shall
provide incentive funding to States to implement the requirements of
this section, and to improve and implement State residential and
commercial building energy efficiency codes, including increasing and
verifying compliance with such codes. In determining whether, and in
what amount, to provide incentive funding under this subsection, the
Secretary shall consider the actions proposed by the State to implement
the requirements of this section, to improve and implement residential
and commercial building energy efficiency codes, and to promote
building energy efficiency through the use of such codes.
``(2) Additional funding shall be provided under this subsection
for implementation of a plan to achieve and document at least a 90
percent rate of compliance with residential and commercial building
energy efficiency codes, based on energy performance--
``(A) to a State that has adopted and is implementing, on a
Statewide basis--
``(i) a residential building energy efficiency code
that meets or exceeds the requirements of the 2006
IECC, or any succeeding version of that code that has
received an affirmative determination from the
Secretary under subsection (a)(2)(A)(i); and
``(ii) a commercial building energy efficiency code
that meets or exceeds the requirements of the ASHRAE
Standard 90.1-2007, or any succeeding version of that
standard that has received an affirmative determination
from the Secretary under subsection (a)(2)(A)(i); or
``(B) in a State in which there is no Statewide energy code
for either residential buildings or commercial buildings, or
where State codes fail to comply with subparagraph (A), to a
local government that has adopted and is implementing
residential and commercial building energy efficiency codes, as
described in subparagraph (A).
``(3) Of the amounts made available under this subsection, the
Secretary may use amounts required, not exceeding $500,000 for each
State, to train State and local officials to implement codes described
in paragraph (2).
``(4) There are authorized to be appropriated to carry out this
subsection--
``(A) $70,000,000 for each of fiscal years 2009 through
2013; and
``(B) such sums as are necessary for fiscal year 2014 and
each fiscal year thereafter.''.
(b) Definition.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended by adding at the end the
following new paragraph:
``(17) The term `IECC' means the International Energy
Conservation Code.''. | Amends the Energy Conservation and Production Act to revise provisions that require states to update their building energy efficient codes. Modifies the duties of the Secretary of Energy under such Act relating to: (1) updating the national model building energy codes and standards for residential and commercial buildings; (2) reporting requirements; (3) providing technical assistance to model code-setting and standard development organizations; and (4) incentive funding to states for implementing updates of building energy efficiency codes.
Requires states to certify to the Secretary that they have reviewed and updated the provisions of their residential and commercial building energy efficiency codes and to certify compliance with such codes. Imposes additional requirements on states that fail to meet compliance deadlines. | {"src": "billsum_train", "title": "To encourage greater energy efficiency in building codes."} | 2,509 | 145 | 0.569423 | 1.442204 | 0.702528 | 3.014599 | 17.781022 | 0.89781 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Our Lady of Peace Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since 1994, more than 689,000 individuals have been
denied a gun for failing a background check.
(2) States that fail to computerize their criminal and
mental illness records are the primary cause of delays for
background checks. Helping States automate their records will
reduce delays for law-abiding gun owners.
(3) 25 States have automated less than 60 percent of their
felony criminal conviction records.
(4) 33 States do not automate or share disqualifying mental
health records.
(5) In 13 States, domestic violence restraining orders are
not automated or accessible by the national instant criminal
background check system.
(6) In 15 States, no domestic violence misdemeanor records
are automated or accessible by the national instant criminal
background check system.
TITLE I--TRANSMITTAL OF RECORDS
SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND
AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL
INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Section 103(e)(1) of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note) is amended--
(1) by inserting ``electronically'' before ``furnish''; and
(2) by adding at the end the following: ``The head of each
department or agency shall ascertain whether the department or
agency has any records relating to any person described in
subsection (g) or (n) of section 922 of title 18, United States
Code and on being made aware that the department or agency has
such a record, shall make the record available to the Attorney
General for inclusion in the system to the extent the Attorney
General deems appropriate. The head of each department or
agency, on being made aware that the basis under which a record
was made available under this section does not apply or no
longer applies, shall transmit a certification identifying the
record (and any name or other relevant identifying information)
to the Attorney General for removal from the system. The
Attorney General shall notify the Congress on an annual basis
as to whether the Attorney General has obtained from each such
department or agency the information requested by the Attorney
General under this subsection.''.
(b) Immigration Records.--The Commissioner of the Immigration and
Naturalization Service shall cooperate in providing information
regarding all relevant records of persons disqualified from acquiring a
firearm under Federal law, including but not limited to, illegal
aliens, visitors to the United States on student visas, and visitors to
the United States on tourist visas, to the Attorney General for
inclusion in the national instant criminal background check system.
SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.
(a) In General.--Beginning 5 years after the date of the enactment
of this Act, a State shall be eligible to receive a waiver of the 10
percent matching requirement for National Criminal History Improvement
Grants under the Crime Identification Technology Act of 1988 if the
State provides at least 95 percent of the information described under
subsections (b) and (c). The length of such a waiver shall not exceed 5
years.
(b) Eligibility of State Records for Submission to the National
Instant Criminal Background Check System.--
(1) Requirements for eligibility.--The State shall make
available the following information established either through
its own database or provide information to the Attorney
General:
(A) The name of and other relevant identifying
information relating to each person disqualified from
acquiring a firearm under subsection (g) or (n) of section 922 of title
18, United States Code, and each person disqualified from acquiring a
firearm under applicable State law.
(B) The State, on being made aware that the basis
under which a record was made available under
subparagraph (A) does not apply or no longer applies,
shall transmit a certification identifying the record
(and any name or other relevant identifying
information) to the Attorney General for removal from
the system.
(C) Any information provided to the Attorney
General under subparagraph (A) may be accessed only for
background check purposes under section 922(t) of title
18, United States Code.
(D) The State shall certify to the Attorney General
that at least 95 percent of all information described
in subparagraph (A) has been provided to the Attorney
General in accordance with subparagraph (A).
(2) Application to persons convicted of misdemeanor crimes
of domestic violence.--(A) For purposes of paragraph (1), a
person disqualified from acquiring a firearm as referred to in
that paragraph includes a person who has been convicted in any
court of any Federal, State, or local offense that--
(i) is a misdemeanor under Federal or State law or,
in a State that does not classify offenses as
misdemeanors, is an offense punishable by imprisonment
for a term of 1 year or less (or punishable by only a
fine);
(ii) has, as an element of the offense, the use or
attempted use of physical force (for example, assault
and battery), or the threatened use of a deadly weapon;
and
(iii) was committed by a current or former spouse,
parent, or guardian of the victim, by a person with
whom the victim shares a child in common, by a person
who is cohabitating with or has cohabitated with the
victim as a spouse, parent, or guardian, (for example,
the equivalent of ``common-law marriage'' even if such
relationship is not recognized under the law), or a
person similarly situated to a spouse, parent, or
guardian of the victim (for example, two persons who
are residing at the same location in an intimate
relationship with the intent to make that place their
home would be similarly situated to a spouse).
(B) A person shall not be considered to have been convicted
of such an offense for purposes of subparagraph (A) unless--
(i) the person is considered to have been convicted
by the jurisdiction in which the proceeding was held;
(ii) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
(iii) in the case of a prosecution for which a
person was entitled to a jury trial in the jurisdiction
in which the case was tried--
(I) the case was tried by a jury; or
(II) the person knowingly and intelligently
waived the right to have the case tried by a
jury, by guilty plea, or otherwise.
(C) A person shall not be considered to have been convicted
of such an offense for purposes of subparagraph (A) if the
conviction has been expunged or set aside, or is an offense for
which the person has been pardoned or has had civil rights
restored (if the law of the jurisdiction in which the
proceedings were held provides for the loss of civil rights
upon conviction of such an offense) unless the pardon,
expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive
firearms, and the person is not otherwise prohibited by the law
of the jurisdiction in which the proceedings were held from
receiving or possessing any firearms.
(c) Application to Persons Who Have Been Adjudicated as a Mental
Defective or Committed to a Mental Institution.--
(1) Requirement.--The requirement of this subsection is
that the State shall provide the name of and other relevant
identifying information relating to persons adjudicated as
mental defective or those committed to mental institutions to
the Attorney General for inclusion in the national instant
criminal background check system.
(2) Definition.--For purposes of paragraph (1), an
adjudication as a mental defective occurs when a court, board,
commission, or other government entity determines that an
individual is mentally retarded or of marked subnormal
intelligence, mentally ill, or mentally incompetent,
including--
(A) defendants in criminal cases adjudicated as not
guilty by reason of insanity, or found incompetent to
stand trial;
(B) individuals who are a danger to others as a
result of a mental disorder or illness;
(C) individuals involuntarily committed to a mental
institution by a court, board, commission, or other
authority;
(D) individuals committed because they lack the
mental capacity to contract or manage their own
affairs; and
(E) individuals found to be a danger to themselves
as a result of a mental disorder or illness.
(3) Exception.--This subsection does not apply to--
(A) a person--
(i) in a mental institution for
observation; or
(ii) voluntarily committed to a mental
institution; or
(B) information protected by doctor-patient
privilege.
(4) Privacy protections.--For any information provided
under the national instant criminal background check system,
the Attorney General shall work with States and local law enforcement
and the mental health community to establish regulations and protocols
for protecting the privacy of information provided to the system.
(5) State authority.--Notwithstanding any other provision
of this subsection, a State may designate that records
transmitted under this subsection shall be used only to
determine eligibility to purchase or possess a firearm.
(d) Attorney General Report.--Not later than January 31 of each
year, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the progress of States in automating the
databases containing the information described in subsections (b) and
(c) and in providing that information pursuant to the requirements of
such subsections.
SEC. 103. IMPLEMENTATION GRANTS TO STATES.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall make grants to each State, in a
manner consistent with the national criminal history improvement
program, which shall be used by the State, in conjunction with units of
local government and State and local courts, to establish or upgrade
information and identification technologies for firearms eligibility
determinations.
(b) Use of Grant Amounts.--Grants under this section may only be
awarded for the following purposes:
(1) Building databases that are directly related to checks
under the national instant criminal background check system
(NICS), including court disposition and corrections records.
(2) Assisting States in establishing or enhancing their own
capacities to perform NICS background checks.
(3) Improving final dispositions of criminal records.
(4) Supplying mental health records to NICS.
(5) Supplying court-ordered domestic restraining orders and
records of domestic violence misdemeanors (as defined in
section 102 of this Act) for inclusion in NICS.
(c) Condition.--As a condition of receiving a grant under this
section, a State shall specify the projects for which grant amounts
will be used, and shall use such amounts only as specified. A State
that violates this section shall be liable to the Attorney General for
the full amount granted.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2004, 2005, and 2006.
(e) User Fee.--The Federal Bureau of Investigation shall not charge
a user fee for background checks pursuant to section 922(t) of title
18, United States Code.
TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT
RECORDS
SEC. 201. CONTINUING EVALUATIONS.
(a) Evaluation Required.--The Director of the Bureau of Justice
Statistics shall study and evaluate the operations of the national
instant criminal background check system. Such study and evaluation
shall include, but not be limited to, compilations and analyses of the
operations and record systems of the agencies and organizations
participating in such system.
(b) Report on Grants.--Not later than January 31 of each year, the
Director shall submit to Congress a report on the implementation of
subsections (b) and (c) of section 102 of this Act.
(c) Report on Best Practices.--Not later than January 31 of each
year, the Director shall submit to Congress, and to each State
participating in the National Criminal History Improvement Program, a
report of the practices of the States regarding the collection,
maintenance, automation, and transmittal of identifying information
relating to individuals described in subsection (g) or (n) of section
922 of title 18, United States Code, by the State or any other agency,
or any other records relevant to the national instant criminal
background check system, that the Director considers to be best
practices.
TITLE III--GRANTS TO STATE COURTS FOR THE IMPROVEMENT IN AUTOMATION AND
TRANSMITTAL OF DISPOSITION RECORDS
SEC. 301. GRANTS AUTHORIZED.
(a) In General.--From amounts made available to carry out this
section, the Attorney General shall make grants to each State for use
by the chief judicial officer of the State to improve the handling of
proceedings related to criminal history dispositions and restraining
orders.
(b) Use of Funds.--Amounts granted under this section shall be used
by the chief judicial officer only as follows:
(1) For fiscal year 2004, such amounts shall be used to
carry out assessments of the capabilities of the courts of the
State for the automation and transmission to State and Federal
record repositories the arrest and conviction records of such
courts.
(2) For fiscal years after 2004, such amounts shall be used
to implement policies, systems, and procedures for the
automation and transmission to State and Federal record
repositories the arrest and conviction records of such courts.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$125,000,000 for each of fiscal years 2004, 2005, and 2006. | Our Lady of Peace Act - Amends the Brady Handgun Violence Prevention Act to require the head of each U.S. department or agency to ascertain whether it has such information on persons for whom receipt of a firearm would violate specified Federal provisions regarding excluded individuals or State law as is necessary to enable the National Instant Criminal Background Check System to operate. Directs that any such record that the department or agency has be made available to the Attorney General for inclusion in the National Instant Criminal Background Check System or transmission of a certification identifying the record for removal from the System. Directs the head of such department or agency, at the Attorney General's request, to furnish such information to the System electronically.Makes a State eligible to receive a waiver of the ten percent matching requirement for National Criminal History Improvement Grants if the State provides at least 95 percent of the information described in this Act, including the name of and other relevant identifying information related to each person disqualified from acquiring a firearm.Requires the Attorney General to make grants to each State: (1) to establish or upgrade information and identification technologies for firearms eligibility determinations; and (2) for use by the State's chief judicial officer to improve the handling of proceedings related to criminal history dispositions and restraining orders. Requires the Director of the Bureau of Justice Statistics to study and evaluate the operations of the System and to report on grants and on best practices of States. | {"src": "billsum_train", "title": "A bill to improve the national instant criminal background check system, and for other purposes."} | 3,109 | 306 | 0.629917 | 1.993494 | 0.818233 | 4.01107 | 10.457565 | 0.926199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Low-Income Children
Presumptive Eligibility Amendments of 1997''.
SEC. 2. MEDICAID PRESUMPTIVE ELIGIBILITY FOR LOW-INCOME CHILDREN.
(a) In General.--Title XIX of the Social Security Act is amended by
inserting after section 1920 the following new section:
``presumptive eligibility for children
``Sec. 1920A. (a) A State plan approved under section 1902 may
provide for making medical assistance with respect to health care items
and services covered under the State plan available to a child during a
presumptive eligibility period.
``(b) For purposes of this section:
``(1) The term `child' means an individual under 19 years
of age.
``(2) The term `presumptive eligibility period' means, with
respect to a child, the period that--
``(A) begins with the date on which a qualified
entity determines, on the basis of preliminary
information, that the family income of the child does
not exceed the applicable income level of eligibility
under the State plan, and
``(B) ends with (and includes) the earlier of--
``(i) the day on which a determination is
made with respect to the eligibility of the
child for medical assistance under the State
plan, or
``(ii) in the case of a child on whose
behalf an application is not filed by the last
day of the month following the month during
which the entity makes the determination
referred to in subparagraph (A), such last day.
``(3)(A) Subject to subparagraph (B), the term `qualified
entity' means any entity that--
``(i)(I) is eligible for payments under a State
plan approved under this title and provides items and
services described in subsection (a) or (II) is
authorized to determine eligibility of a child to
participate in a Head Start program under the Head
Start Act (42 U.S.C. 9821 et seq.), eligibility of a
child to receive child care services for which
financial assistance is provided under the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), eligibility of an infant or child to receive
assistance under the special supplemental nutrition
program for women, infants, and children (WIC) under
section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786); and
``(ii) is determined by the State agency to be
capable of making determinations of the type described
in paragraph (1)(A).
``(B) The Secretary may issue regulations further limiting
those entities that may become qualified entities in order to
prevent fraud and abuse and for other reasons.
``(C) Nothing in this section shall be construed as
preventing a State from limiting the classes of entities that
may become qualified entities, consistent with any limitations
imposed under subparagraph (B).
``(c)(1) The State agency shall provide qualified entities with--
``(A) such forms as are necessary for an application to be
made on behalf of a child for medical assistance under the
State plan, and
``(B) information on how to assist parents, guardians, and
other persons in completing and filing such forms.
``(2) A qualified entity that determines under subsection (b)(1)(A)
that a child is presumptively eligible for medical assistance under a
State plan shall--
``(A) notify the State agency of the determination within 5
working days after the date on which determination is made, and
``(B) inform the parent or custodian of the child at the
time the determination is made that an application for medical
assistance under the State plan is required to be made by not
later than the last day of the month following the month during
which the determination is made.
``(3) In the case of a child who is determined by a qualified
entity to be presumptively eligible for medical assistance under a
State plan, the parent, guardian, or other person shall make
application on behalf of the child for medical assistance under such
plan by not later than the last day of the month following the month
during which the determination is made, which application may be the
application used for the receipt of medical assistance by individuals
described in section 1902(l)(1).
``(d) Notwithstanding any other provision of this title, medical
assistance for items and services described in subsection (a) that--
``(1) are furnished to a child--
``(A) during a presumptive eligibility period,
``(B) by a entity that is eligible for payments
under the State plan; and
``(2) are included in the care and services covered by a
State plan;
shall be treated as medical assistance provided by such plan for
purposes of section 1903.''.
(b) Conforming Amendments.--(1) Section 1902(a)(47) of such Act (42
U.S.C. 1396a(a)(47)) is amended by inserting before the semicolon at
the end the following: ``and provide for making medical assistance for
items and services described in subsection (a) of section 1920A
available to children during a presumptive eligibility period in
accordance with such section''.
(2) Section 1903(u)(1)(D)(v) of such Act (42 U.S.C.
1396b(u)(1)(D)(v)) is amended by inserting before the period at the end
the following: ``or for items and services described in subsection (a)
of section 1920A provided to a child during a presumptive eligibility
period under such section''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Medicaid Low-Income Children Presumptive EligibilityAmendments of 1997 - Amends title XIX (Medicaid) of the Social Security Act to permit presumptive eligibility for low-income children under the Medicaid program. | {"src": "billsum_train", "title": "Medicaid Low-Income Children Presumptive Eligibility Amendments of 1997"} | 1,314 | 56 | 0.552676 | 1.208336 | 0.629028 | 3.2 | 33.8 | 0.914286 |
Subtitle B--Internet Pharmacies
SEC. 911. FINDINGS.
The Congress finds as follows:
(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) Consumers may have difficulty distinguishing legitimate
from unlawful Internet sellers, as well as foreign from
domestic Internet sellers, of prescription drugs.
SEC. 912. AMENDMENT TO 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) 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:
``(bb) The failure to post information required under section
503B(b)(2) or for knowingly making a materially false statement when
posting such information as required under such section or violating
section 503B(b)(4).''.
SEC. 913. 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. 914. 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. 915. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect 1 year 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. | Amends the Federal Food, Drug, and Cosmetic Act to require each interstate Internet seller to comply with requirements of this Act with respect to the sale or offer of prescription drugs. Requires the seller to: (1) post visibly on its web site home page its street address, the States in which it is authorized as a pharmacy, certain prescriber information, and a statement it will dispense prescription drugs only upon a valid prescription; and (2) disclose such information to State licensing boards.Directs the Secretary of Health and Human Services 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. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to establish requirements with respect to the sale of, or the offer to sell, prescription drugs through the Internet, and for other purposes."} | 1,972 | 165 | 0.553478 | 1.600526 | 0.656911 | 3.694268 | 11.490446 | 0.942675 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MediFair Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Regional inequities in Medicare reimbursement have
created barriers to care for seniors and the disabled.
(2) The regional inequities in Medicare reimbursement
penalize States that have cost-effective health care delivery
systems and reward those States with high utilization rates and
that provide inefficient care.
(3) Comparatively, in 2003, per capita spending under
traditional Medicare was $5,661 for beneficiaries in Seattle,
$9,752 for those in Los Angeles, and $11,340 for those in
Miami.
(4) Over a lifetime, regional inequities can mean as much
as a $125,000 difference in the cost of care provided per
beneficiary.
(5) Regional inequities have resulted in creating very
different Medicare programs and amount of care received for
seniors and the disabled based on where they live.
(6) Because the Medicare Advantage rate is based on the
fee-for-service reimbursement rate, regional inequities have
allowed some Medicare beneficiaries access to plans with
significantly more benefits and reduced cost sharing.
Beneficiaries in States with lower reimbursement rates have not
benefitted to the same degree as beneficiaries in other parts
of the country.
(7) Regional inequities in Medicare reimbursement have
created an unfair competitive advantage for hospitals and other
health care providers in States that receive above average
payments. Higher payments mean that those providers can pay
higher salaries in a tight, competitive market.
(8) Regional inequities in Medicare reimbursement are not
just a rural versus urban problem. Many States with large urban
centers are at the bottom of the national average for per
beneficiary costs.
SEC. 3. IMPROVING FAIRNESS OF PAYMENTS TO PROVIDERS UNDER THE MEDICARE
FEE-FOR-SERVICE PROGRAM.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:
``improving payment equity under the original medicare fee-for-service
program
``Sec. 1898. (a) Establishment of System.--Notwithstanding any
other provision of law, the Secretary shall establish a system for
making adjustments to the amount of payment made to entities and
individuals for items and services provided under the original Medicare
fee-for-service program under parts A and B.
``(b) System Requirements.--
``(1) Increase for states below the national average.--
Under the system established under subsection (a), if a State
average per beneficiary amount for a year is less than the
national average per beneficiary amount for such year, then the
Secretary (beginning in 2009) shall increase the amount of
applicable payments in such a manner as will result (as
estimated by the Secretary) in the State average per
beneficiary amount for the subsequent year being equal to the
national average per beneficiary amount for such subsequent
year.
``(2) Reduction for certain states above the national
average to enhance quality care and maintain budget
neutrality.--
``(A) In general.--The Secretary shall ensure that
the increase in payments under paragraph (1) does not
cause the estimated amount of expenditures under this
title for a year to increase or decrease from the
estimated amount of expenditures under this title that
would have been made in such year if this section had
not been enacted by reducing the amount of applicable
payments in each State that the Secretary determines
has--
``(i) a State average per beneficiary
amount for a year that is greater than the
national average per beneficiary amount for
such year; and
``(ii) healthy outcome measurements or
quality care measurements that indicate that a
reduction in applicable payments would
encourage more efficient use of, and reduce
overuse of, items and services for which
payment is made under this title.
``(B) Limitation.--The Secretary shall not reduce
applicable payments under subparagraph (A) to a State
that--
``(i) has a State average per beneficiary
amount for a year that is greater than the
national average per beneficiary amount for
such year; and
``(ii) has healthy outcome measurements or
quality care measurements that indicate that
the applicable payments are being used to
improve the access of beneficiaries to quality
care.
``(3) Determination of averages.--
``(A) State average per beneficiary amount.--Each
year (beginning in 2008), the Secretary shall determine
a State average per beneficiary amount for each State
which shall be equal to the Secretary's estimate of the
average amount of expenditures under the original
Medicare fee-for-service program under parts A and B
for the year for a beneficiary enrolled under such
parts that resides in the State.
``(B) National average per beneficiary amount.--
Each year (beginning in 2008), the Secretary shall
determine the national average per beneficiary amount
which shall be equal to the average of the State
average per beneficiary amount determined under
subparagraph (A) for the year.
``(4) Definitions.--In this section:
``(A) Applicable payments.--The term `applicable
payments' means payments made to entities and
individuals for items and services provided under the
original Medicare fee-for-service program under parts A
and B to beneficiaries enrolled under such parts that
reside in the State.
``(B) State.--The term `State' has the meaning
given such term in section 210(h).
``(c) Beneficiaries Held Harmless.--The provisions of this section
shall not affect--
``(1) the entitlement to items and services of a
beneficiary under this title, including the scope of such items
and services; or
``(2) any liability of the beneficiary with respect to such
items and services.
``(d) Regulations.--
``(1) In general.--The Secretary, in consultation with the
Medicare Payment Advisory Commission, shall promulgate
regulations to carry out this section.
``(2) Protecting rural communities.--In promulgating the
regulations pursuant to paragraph (1), the Secretary shall give
special consideration to rural areas.''.
SEC. 4. MEDPAC RECOMMENDATIONS ON HEALTHY OUTCOMES AND QUALITY CARE.
(a) Recommendations.--The Medicare Payment Advisory Commission
established under section 1805 of the Social Security Act (42 U.S.C.
1395b-6) shall develop recommendations on policies and practices that,
if implemented, would encourage--
(1) healthy outcomes and quality care under the Medicare
program in States with respect to which payments are reduced
under section 1898(b)(2) of such Act (as added by section 3);
and
(2) the efficient use of payments made under the Medicare
program in such States.
(b) Submission.--Not later than the date that is 9 months after the
date of enactment of this Act, the Commission shall submit to Congress
the recommendations developed under subsection (a). | MediFair Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish a system for making adjustments to the amount of payment made to entities and individuals for items and services provided under the original Medicare fee-for-service program under parts A (Hospital Insurance) and B (Supplementary Medical Insurance). Requires such adjustments in order to make the state average per beneficiary amount equal to the national average per beneficiary amount.
Directs the Medicare Payment Advisory Commission (MEDPAC) to develop recommendations on policies and practices that would encourage: (1) healthy outcomes and quality care under the Medicare program in states with respect to which payments are reduced under such system; and (2) the efficient use of payments made under the Medicare program in such states. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve the provision of items and services provided to Medicare beneficiaries residing in States with more cost-effective health care delivery systems."} | 1,523 | 178 | 0.483909 | 1.50004 | 0.840966 | 5.751553 | 8.857143 | 0.919255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greater Sage Grouse Protection and
Recovery Act of 2017''.
SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE.
(a) Definitions.--In this section:
(1) The term ``Federal resource management plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for National Forest System lands
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
(2) The term ``Greater Sage Grouse'' means a sage grouse of
the species Centrocercus urophasianus.
(3) The term ``State management plan'' means a State-
approved plan for the protection and recovery of the Greater
Sage Grouse.
(b) Purpose.--The purpose of this section is--
(1) to facilitate implementation of State management plans
over a period of multiple, consecutive sage grouse life cycles;
and
(2) to demonstrate the efficacy of the State management
plans for the protection and recovery of the Greater Sage
Grouse.
(c) Endangered Species Act of 1973 Findings.--
(1) Delay required.--During the period beginning on the
date of the enactment of this Act and ending on September 30,
2027, the Secretary of the Interior may not alter or invalidate
the finding made by United States Fish and Wildlife Service on
October 2, 2015, under section 4(b)(3)(B) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with respect to
the Greater Sage Grouse (80 Fed. Reg. 59857 et seq.).
(2) Effect on other laws.--Paragraph (1) shall apply
without regard to any other statute, regulation, court order,
legal settlement, or any other provision of law or in equity.
(3) Effect on conservation status.--Until September 30,
2027, the conservation status of the Greater Sage Grouse under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
shall remain not warranted for listing under such Act.
(d) Coordination of Federal Land Management and State Conservation
and Management Plans.--
(1) Prohibition on withdrawals and modification of federal
resource management plans.--Effective upon notification by the
Governor of a State with a State management plan, neither the
Secretary of the Interior nor the Secretary of Agriculture may
exercise authority under section 204 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1714) to make, modify, or
extend any withdrawal of, nor amend, revise, or otherwise
modify any Federal resource management plan applicable to,
Federal lands in the State in a manner inconsistent with the
State management plan for a period, to be specified by the
Governor in the notification, of at least five years beginning
on the date of the notification.
(2) Retroactive effect.--In the case of any State that
provides notification under paragraph (1), if any amendment,
revision, or modification of a Federal resource management plan
applicable to Federal lands in the State was issued after June
1, 2014, and the amendment, revision, or modification altered
management of the Greater Sage Grouse or its habitat,
implementation and operation of the amendment, revision, or
modification shall be stayed to the extent that the amendment,
revision, or modification is inconsistent with the State
management plan. The Federal resource management plan, as in
effect immediately before the withdrawal, amendment, revision,
or modification, shall apply instead with respect to management
of the Greater Sage Grouse and its habitat, to the extent
consistent with the State management plan.
(3) Determination of inconsistency.--Any disagreement
regarding whether an amendment, revision, or other modification
of a Federal resource management plan is inconsistent with a
State management plan shall be resolved by the Governor of the
affected State.
(e) Relation to National Environmental Policy Act of 1969.--With
regard to any Federal action consistent with a State management plan,
any findings, analyses, or conclusions regarding the Greater Sage
Grouse or its habitat under the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) shall not have a preclusive effect on the
approval or implementation of the Federal action in that State.
(f) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act and annually thereafter through 2027, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report on the Secretaries' implementation and
effectiveness of systems to monitor the status of Greater Sage Grouse
on Federal lands under their jurisdiction.
(g) Judicial Review.--Notwithstanding any other provision of
statute or regulation, this section, including determinations made
under this section, shall not be subject to judicial review. | Greater Sage Grouse Protection and Recovery Act of 2017 This bill addresses the October 2, 2015, finding of the U.S. Fish and Wildlife Service (USFWS) that the greater sage grouse is not an endangered or threatened species. Until September 30, 2027, the USFWS may not alter or invalidate the finding. Additionally, the Department of the Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place. | {"src": "billsum_train", "title": "Greater Sage Grouse Protection and Recovery Act of 2017"} | 1,154 | 132 | 0.615475 | 1.579387 | 0.665061 | 2.416667 | 9.5 | 0.805556 |
SECTION. 1. DEMONSTRATION PROJECT FOR MEDICAL ADULT DAY CARE SERVICES.
(a) Establishment.--Subject to the succeeding provisions of this
section, the Secretary of Health and Human Services shall establish a
demonstration project (in this section referred to as the
``demonstration project'') under which the Secretary shall, as part of
a plan of an episode of care for home health services established for a
medicare beneficiary, permit a home health agency, directly or under
arrangements with a medical adult day care facility, to provide medical
adult day care services as a substitute for a portion of home health
services that would otherwise be provided in the beneficiary's home.
(b) Payment.--
(1) In general.--The amount of payment for an episode of
care for home health services, a portion of which consists of
substitute medical adult day care services, under the
demonstration project shall be made at a rate equal to 95
percent of the amount that would otherwise apply for such home
health services under section 1895 of the Social Security Act
(42 U.S.C. 1395fff). In no case may a home health agency, or a
medical adult day care facility under arrangements with a home
health agency, separately charge a beneficiary for medical
adult day care services furnished under the plan of care.
(2) Budget neutrality for demonstration project.--
Notwithstanding any other provision of law, the Secretary shall
provide for an appropriate reduction in the aggregate amount of
additional payments made under section 1895 of the Social
Security Act (42 U.S.C. 1395fff) to reflect any increase in
amounts expended from the Trust Funds as a result of the
demonstration project conducted under this section.
(c) Demonstration Project Sites.--The project established under
this section shall be conducted in not more than 5 States selected by
the Secretary that license or certify providers of services that
furnish medical adult day care services.
(d) Duration.--The Secretary shall conduct the demonstration
project for a period of 3 years.
(e) Voluntary Participation.--Participation of medicare
beneficiaries in the demonstration project shall be voluntary. The
total number of such beneficiaries that may participate in the project
at any given time may not exceed 15,000.
(f) Preference in Selecting Agencies.--In selecting home health
agencies to participate under the demonstration project, the Secretary
shall give preference to those agencies that are currently licensed or
certified through common ownership and control to furnish medical adult
day care services.
(g) Waiver Authority.--The Secretary may waive such requirements of
title XVIII of the Social Security Act as may be necessary for the
purposes of carrying out the demonstration project, other than waiving
the requirement that an individual be homebound in order to be eligible
for benefits for home health services.
(h) Evaluation and Report.--The Secretary shall conduct an
evaluation of the clinical and cost effectiveness of the demonstration
project. Not later 30 months after the commencement of the project, the
Secretary shall submit to Congress a report on the evaluation, and
shall include in the report the following:
(1) An analysis of the patient outcomes and costs of
furnishing care to the medicare beneficiaries participating in
the project as compared to such outcomes and costs to
beneficiaries receiving only home health services for the same
health conditions.
(2) Such recommendations regarding the extension,
expansion, or termination of the project as the Secretary
determines appropriate.
(i) Definitions.--In this section:
(1) Home health agency.--The term ``home health agency''
has the meaning given such term in section 1861(o) of the
Social Security Act (42 U.S.C. 1395x(o)).
(2) Medical adult day care facility.--The term ``medical
adult day care facility'' means a facility that--
(A) has been licensed or certified by a State to
furnish medical adult day care services in the State
for a continuous 2-year period;
(B) is engaged in providing skilled nursing
services and other therapeutic services directly or
under arrangement with a home health agency;
(C) meets such standards established by the
Secretary to assure quality of care and such other
requirements as the Secretary finds necessary in the
interest of the health and safety of individuals who
are furnished services in the facility; and
(D) provides medical adult day care services.
(3) Medical adult day care services.--The term ``medical
adult day care services'' means--
(A) home health service items and services
described in paragraphs (1) through (7) of section
1861(m) furnished in a medical adult day care facility;
(B) a program of supervised activities furnished in
a group setting in the facility that--
(i) is designed to promote physical and
mental health of the individuals; and
(ii) meet such criteria as the Secretary
determines appropriate; and
(C) such other services as the Secretary may
specify.
(4) Medicare beneficiary.--The term ``medicare
beneficiary'' means an individual entitled to benefits under
part A of this title, enrolled under part B of this title, or
both. | Directs the Secretary of Health and Human Services to establish a demonstration project under which the Secretary shall, as part of a plan of an episode of care for home health services established for a Medicare beneficiary, permit a home health agency, directly or under arrangements with a medical adult day care facility, to provide medical adult day care services as a substitute for a portion of home health services that would otherwise be provided in the beneficiary's home. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to direct the Secretary of Health and Human Services to carry out a demonstration program under the Medicare Program to examine the clinical and cost effectiveness of providing medical adult day care center services to Medicare beneficiaries."} | 1,100 | 95 | 0.71125 | 1.891484 | 0.859988 | 11.011765 | 12.035294 | 0.988235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``STRONG Budget Act of 2010''.
SEC. 2. SEQUESTRATION TO ACHIEVE A BALANCED FEDERAL BUDGET.
(a) Sequestration To Achieve a Balanced Federal Budget.--Part C of
the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by adding after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO ACHIEVE A BALANCED FEDERAL BUDGET.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as sequestration (if any) under section 5 of the Statutory Pay-As-You-
Go Act of 2010, but after any sequestration required by that section,
there shall be a sequestration equivalent to 2 percent of the budget
baseline for the fiscal year beginning on October 1 of the calendar
year during which such sequestration occurs.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--(A) No order issued to carry out
this section may--
``(i) reduce benefits payable under the old-age,
survivors, and disability insurance program established
under title II of the Social Security Act (42 U.S.C.
401 et seq.), and benefits payable under section
231b(a), 231b(f)(2), 231c(a), and 231c(f) of title 45,
United States Code, shall be exempt from reduction
under any order issued under this part;
``(ii) reduce benefits payable under any program
administered by the Department of Veterans Affairs or
Special Benefits for Certain World War II Veterans (28-
0401-0-1-701);
``(iii) reduce benefits payable under part A of the
Social Security Act (42 U.S.C. 1395c et seq.) (relating
to hospital insurance benefits for the aged and
disabled); or
``(iv) reduce payments for net interest (all of
major functional category 900).
``(B) The following Federal retirement and disability
accounts and activities shall be exempt from reduction under
any order issued to carry out this section:
``Black Lung Disability Trust Fund (20-8144-0-7-
601).
``Central Intelligence Agency Retirement and
Disability System Fund (56-3400-0-1-054).
``Civil Service Retirement and Disability Fund (24-
8135-0-7-602).
``Comptrollers general retirement system (05-0107-
0-1-801).
``Contributions to U.S. Park Police annuity
benefits, Other Permanent Appropriations (14-9924-0-2-
303).
``Court of Appeals for Veterans Claims Retirement
Fund (95-8290-0-7-705).
``Department of Defense Medicare-Eligible Retiree
Health Care Fund (97-5472-0-2-551).
``District of Columbia Federal Pension Fund (20-
5511-0-2-601).
``District of Columbia Judicial Retirement and
Survivors Annuity Fund (20-8212-0-7-602).
``Energy Employees Occupational Illness
Compensation Fund (16-1523-0-1-053).
``Foreign National Employees Separation Pay (97-
8165-0-7-051).
``Foreign Service National Defined Contributions
Retirement Fund (19-5497-0-2-602).
``Foreign Service National Separation Liability
Trust Fund (19-8340-0-7-602).
``Foreign Service Retirement and Disability Fund
(19-8186-0-7-602).
``Government Payment for Annuitants, Employees
Health Benefits (24-0206-0-1-551).
``Government Payment for Annuitants, Employee Life
Insurance (24-0500-0-1-602).
``Judicial Officers' Retirement Fund (10-8122-0-7-
602).
``Judicial Survivors' Annuities Fund (10-8110-0-7-
602).
``Military Retirement Fund (97-8097-0-7-602).
``National Railroad Retirement Investment Trust
(60-8118-0-7-601).
``National Oceanic and Atmospheric Administration
retirement (13-1450-0-1-306).
``Pensions for former Presidents (47-0105-0-1-802).
``Postal Service Retiree Health Benefits Fund (24-
5391-0-2-551).
``Public Safety Officer Benefits (15-0403-0-1-754).
``Rail Industry Pension Fund (60-8011-0-7-601).
``Retired Pay, Coast Guard (70-0602-0-1-403).
``Retirement Pay and Medical Benefits for
Commissioned Officers, Public Health Service (75-0379-
0-1-551).
``Special Benefits for Disabled Coal Miners (16-
0169-0-1-601).
``Special Benefits, Federal Employees' Compensation
Act (16-1521-0-1-600).
``Special Workers Compensation Expenses (16-9971-0-
7-601).
``Tax Court Judges Survivors Annuity Fund (23-8115-
0-7-602).
``United States Court of Federal Claims Judges'
Retirement Fund (10-8124-0-7-602).
``United States Secret Service, DC Annuity (70-
0400-0-1-751).
``Voluntary Separation Incentive Fund (97-8335-0-7-
051).
``(c) Sequestration Report.--Not later than 14 days (excluding
weekends and holidays) after Congress adjourns to end a session, OMB
shall make publicly available and cause to be printed in the Federal
Register an annual deficit reduction report. The report shall include
the amount of reductions required under section 253A and the deficit
remaining after those reductions have been made, and the sequestration
percentage necessary to achieve the required reduction in accounts
under section 253A(b). The report shall also include a determination of
whether the budget of the Government is in deficit.
``(d) Sequestration Order.--If the annual report issued at the end
of a session of Congress under subsection (c) requires a sequestration,
OMB shall prepare and the President shall issue and include in that
report a sequestration order that, upon issuance, shall reduce all
nonexempt accounts by enough to eliminate the deficit, but no such
reduction shall exceed two percent.
``(e) Suspension of Sequestration Procedures.--Upon a determination
by OMB that the budget of the Government is not in deficit, the
subsequent issuance of any sequestration report or sequestration order
is precluded and this section is suspended.
``(f) Restoration of Sequestration Procedures.--Effective with
regard to the first fiscal year beginning after OMB determines that the
budget of the Government is in deficit, the provisions of subsection
(e) are no longer effective and this section is no longer suspended.''.
(b) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendment made by
subsection (a).
SEC. 3. PASSAGE OF EXEMPTIONS FROM SEQUESTRATIONS TO ACHIEVE A BALANCED
BUDGET.
Rule XXI of the Rules of the House of Representatives is amended by
adding at the end the following new clause:
`` Passage of exemptions from sequestrations to achieve a balanced
budget
``11. A bill or joint resolution, amendment, or conference report
carrying an additional exemption to section 253A of the Balanced Budget
and Emergency Deficit Control Act of 1985 may not be considered as
passed or agreed to unless so determined by a vote of not less than
three-fifths of the Members voting, a quorum being present.''. | STRONG Budget Act of 2010 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require a second, general sequestration within 15 days after the end of any session of Congress if, first, a particular sequestration occurs at that time under the Statutory Pay-As-You-Go Act of 2010. Requires the general sequestration to equal 2% of the budget baseline for the fiscal year beginning on October 1 of the calendar year during which such sequestration occurs.
Prohibits such sequestration order from reducing: (1) benefits payable under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act (SSA); (2) annuities payable to certain employees under the Railroad Retirement Act of 1974; (3) benefits payable under any program administered by the Department of Veterans Affairs (VA) or Special Benefits for Certain World War II Veterans (28-0401-0-1-701); (4) benefits payable under SSA title IV part A (Temporary Assistance for Needy Families) (TANF) relating to hospital insurance benefits for the aged and disabled; (5) payments for net interest (all of major functional category 900); and (6) other specified federal retirement and disability accounts.
Requires the Office of Management and Budget (OMB), within 14 days after the end of a session, to issue an annual deficit reduction report and, if the report requires a sequestration, to prepare and the President to issue a sequestration order reducing nonexempt accounts by enough to eliminate the deficit. Prohibits such reduction, however, from exceeding 2% of the total amount of such nonexempt accounts.
Provides for: (1) suspension of such sequestration procedures if OMB determines that the federal budget is not in deficit; and (2) restoration of such procedures in the first fiscal year after OMB determines there is a deficit.
Amends Rule XXI (Restrictions on Certain Bills) of the Rules of the House of Representatives to prohibit legislation carrying an additional exemption to sequestrations under the Gramm-Rudman-Hollings Act (and this Act) from being considered as passed or agreed to unless by a vote of at least three-fifths of the Members. | {"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to establish a sequestration to reduce all nonexempt programs, projects, and activities by 2 percent each fiscal year in which the Federal budget is in deficit, and for other purposes."} | 1,868 | 516 | 0.641853 | 2.005015 | 0.653151 | 3.393103 | 3.942529 | 0.891954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Restoration Act''.
SEC. 2. GULF COAST RESTORATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Gulf Coast Restoration Fund.
(b) Transfers to Fund.--Notwithstanding any other provision of law,
the Secretary of the Treasury shall deposit into the Fund amounts equal
to not less than 80 percent of any amounts collected by the United
States before, on, or after the date of the enactment of this Act as
penalties, settlements, or fines under sections 309 and 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation
to the Gulf oil spill.
(c) Authorized Uses.--
(1) In general.--The Fund shall be available to the Task
Force, as provided in appropriations Acts, only for activities
related to Gulf coast economic development, tourism promotion,
and ecosystem restoration.
(2) Grants to states.--
(A) In general.--The Task Force shall distribute
the amounts made available for expenditure from the
Fund to the Gulf States to be used in accordance with
this subsection.
(B) Allocation among states.--The Task Force shall
allocate the amounts to be distributed to each Gulf
State under this paragraph such that no single Gulf
State receives less than 5 percent, nor more than 30
percent, of the available amounts.
(C) Allocation within states.--The Governor of each
Gulf State shall allocate amounts distributed to the
State as follows:
(i) Not more than 20 percent of such
amounts may be used by the Governor for
statewide economic development, tourism
promotion, and ecosystem restoration
activities.
(ii) Not less than 80 percent of such
amounts shall be distributed to local
governments in counties directly affected by
the Gulf oil spill for local economic
development, tourism promotion, and ecosystem
restoration activities.
SEC. 3. GULF COAST RESTORATION TASK FORCE.
(a) Establishment.--There is established the Gulf Coast Restoration
Task Force.
(b) Membership.--The Task Force shall consist of the following
members, or in the case of a Federal agency, a designee at the level of
Assistant Secretary or the equivalent:
(1) The Secretary of the Interior.
(2) The Secretary of Commerce.
(3) The Secretary of the Army.
(4) The Attorney General.
(5) The Secretary of Homeland Security.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Commandant of the Coast Guard.
(8) The Secretary of Transportation.
(9) The Secretary of Agriculture.
(10) The Secretary of the Navy.
(11) Two representatives of each of the Gulf States,
appointed by the Governor of each such State.
(12) Two representatives, from within each of the Gulf
States, of local governments having jurisdiction over areas
directly affected by the Gulf oil spill, appointed by the
Governor of each State, respectively.
(c) Duties.--The Task Force shall administer the Fund in accordance
with section 2.
SEC. 4. REPORT.
Not later than 180 days after receiving funds under section 2, the
Governor of each Gulf State shall submit to Congress a report
describing the use of such funds.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Ecosystem restoration.--The term ``ecosystem
restoration'' means any projects and activities for the
conservation, protection, or restoration of coastal areas,
including wetlands; the mitigation of damage to fish, wildlife,
or natural resources; the planning assistance and the
administrative costs of complying with this section; or the
implementation of a federally approved marine, coastal, or
comprehensive conservation management plan.
(2) Fund.--The term ``Fund'' means the Gulf Coast
Restoration Fund established by section 2(a).
(3) Gulf oil spill.--The term ``Gulf oil spill'' means the
oil spill in the Gulf of Mexico caused by the mobile offshore
drilling unit Deepwater Horizon that began on April 20, 2010.
(4) Gulf states.--The term ``Gulf States'' means the States
of Alabama, Florida, Louisiana, Mississippi, and Texas.
(5) Task force.--The term ``Task Force'' means the Gulf
Coast Restoration Task Force established by section 3(a). | Gulf Coast Restoration Act - Establishes in the Treasury the Gulf Coast Restoration Fund. Requires transfer into such Fund of not less than 80% of all amounts collected as federal penalties, settlements, or fines in relation to the Gulf of Mexico oil spill caused by the Deepwater Horizon drilling unit that began on April 20, 2010.
Establishes the Gulf Coast Restoration Task Force. Directs the Task Force to use the Fund for activities related to Gulf coast economic development, tourism promotion, and ecosystem restoration, by way of grants to the Gulf states of Alabama, Florida, Louisiana, Mississippi, and Texas. Prohibits any state from receiving less than 5% or more than 30% of available amounts. | {"src": "billsum_train", "title": "To establish a Gulf Coast Restoration Fund, and for other purposes."} | 937 | 145 | 0.62687 | 1.783143 | 0.761094 | 4.278195 | 6.759398 | 0.909774 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anwar Sadat Centennial Celebration
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Anwar Sadat was born on December 25, 1918, in Mit Abu
al-Kum, al-Minufiyah, Egypt, as 1 of 13 children in a poor
Egyptian family.
(2) In 1938, Sadat graduated from the Royal Military
Academy in Cairo and was appointed to the Signal Corps.
(3) Sadat entered the Army as a second lieutenant and was
posted to Sudan where he met Gamal Abdel Nasser and fellow
junior officers who became the ``Free Officers'' who led the
Egyptian revolution of 1952.
(4) Sadat held various high positions during Nasser's
presidency, assuming the role of President of the National
Assembly in 1960 and Vice President in 1964.
(5) President Nasser died of a heart attack on September
28, 1970, at which point Sadat became acting President. Sadat
was subsequently elected as the third President of Egypt.
(6) On October 6, 1973, President Sadat, along with his
Syrian counterparts, launched an offensive against Israel. A
permanent cease-fire was reached on October 25, 1973.
(7) In 1974, after talks facilitated by Secretary of State
Henry Kissinger, Egypt and Israel signed an agreement allowing
Egypt to formally retrieve land in the Sinai. President Sadat
later wrote in his memoirs that his meetings with Kissinger
``marked the beginning of a relationship of mutual
understanding with the United States culminating and
crystallizing in what we came to describe as a `peace process'.
Together we started that process and the United States still
supports our joint efforts to this day''.
(8) Months of diplomacy between Egypt and Israel followed
the signing of this initial agreement and a second
disengagement agreement, the Sinai Interim Agreement, was
signed in September of 1975.
(9) President Sadat addressed a joint session of Congress
on November 5, 1975, during which he underscored the shared
values between the United States and Egypt. In this speech,
President Sadat addressed the path to peace, saying, ``We are
faced, together with other nations, with one of the greatest
challenges of our time, namely the task of convincing this
generation, and those to follow, that we can finally build a
viable international system capable of meeting the demands of
tomorrow and solving the problems of the coming age''.
(10) On November 19, 1977, President Sadat became the first
Arab leader to visit Israel, meeting with the Israeli Prime
Minister, Menachem Begin. President Sadat spoke before the
Israeli Knesset in Jerusalem about his views on how to achieve
comprehensive peace in the Arab-Israeli conflict.
(11) Before commencing negotiations, President Sadat
courageously announced to the Knesset, ``I have come to you so
that together we might build a durable peace based on justice,
to avoid the shedding of 1 single drop of blood from an Arab or
an Israeli. It is for this reason that I have proclaimed my
readiness to go to the farthest corner of the world''.
President Sadat further poignantly stated that ``any life lost
in war is a human life, irrespective of its being that of an
Israeli or an Arab. . . . When the bells of peace ring, there
will be no hands to beat the drums of war''.
(12) On September 17, 1978, President Jimmy Carter hosted
President Sadat and Prime Minister Begin at Camp David where
the 3 leaders engaged in 13 days of negotiations that resulted
in the ``Framework for Peace in the Middle East'' (commonly
known as the ``Camp David Accords'').
(13) Following negotiations, President Sadat and Prime
Minister Begin signed the Egypt-Israel Peace Treaty (in this
section referred to as the ``Peace Treaty'') at the White House
on March 26, 1979. Addressing President Sadat at the signing of
the Peace Treaty, which remains an important anchor for peace
in the region today, Prime Minister Begin commended President
Sadat by saying, ``In the face of adversity and hostility, you
have demonstrated the human value that can change history--
civil courage''.
(14) The Peace Treaty featured mutual recognition of each
country by the other and ultimately the cessation of the state
of war that had existed between Israel and Egypt since the 1948
Arab-Israeli War. Israel completely withdrew its armed forces
and civilians from the rest of the Sinai.
(15) In 1978, both President Sadat and Prime Minister Begin
were awarded the Nobel Peace Prize for signing the Peace
Treaty, which made Egypt the first Arab country to officially
recognize Israel.
(16) While presenting the Nobel Peace Prize to President
Sadat, Aase Lionaes, Chairman of the Norwegian Nobel Committee,
said, ``During the 30 preceding years, the peoples of the
Middle East have, on 4 separate occasions, been the victims of
warfare and there seemed no prospect of peace. President
Sadat's great contribution to peace was that he had sufficient
courage and foresight to break away from this vicious circle.
His decision to accept Prime Minister Menachem Begin's
invitation of November 17, 1977, to attend a meeting of the
Israeli parliament on November 19 was an act of great courage,
both from a personal and from a political point of view. This
was a dramatic break with the past and a courageous step
forward into a new age''.
(17) During his Nobel lecture, President Sadat remarked,
``I made my trip because I am convinced that we owe it to this
generation and the generations to come not to leave a stone
unturned in our pursuit of peace''.
(18) In remarks to the People's Assembly in Cairo on March
10, 1979, President Carter praised President Sadat, telling the
Assembly, ``Your President has demonstrated the power of human
courage and human vision to create hope where there had been
only despair.''. President Carter also said that the Peace
Treaty would ``strengthen cooperation between Egypt and the
United States'' and underscored the support of the United
States for the agreement, saying, ``I fully share and will
support President Sadat's belief that stability must be
maintained in this part of the world . . . He and I recognize
that the security of this vital region is being challenged. I
applaud his determination to meet that challenge, and my
Government will stand with him''.
(19) The signing of the Peace Treaty enraged many
individuals who opposed normalized relations with Israel.
President Sadat was assassinated on October 6, 1981, by Khalid
Islambouli, a member of Egyptian Islamic Jihad. President Sadat
was well aware of the controversy to which his actions would
lead, but pushed for peace anyway.
(20) Upon the death of President Sadat, President Ronald
Reagan proclaimed, ``President Sadat was a courageous man whose
vision and wisdom brought nations and people together. In a
world filled with hatred, he was a man of hope. In a world
trapped in the animosities of the past, he was a man of
foresight, a man who sought to improve a world tormented by
malice and pettiness''.
(21) President Sadat is recognized in the United States and
throughout the world as a respected leader and champion of
peace whose vision provided a roadmap for the peaceful
resolution of conflict that endures nearly 40 years after its
inception.
(22) President Sadat bravely reached out to Israel and
dedicated himself to peace, furthering the national security of
Egypt and the stability of the Middle East.
(23) On the 30th anniversary of the Peace Treaty, President
Barack Obama praised the enduring legacy of the Camp David
Accords and the ``courage and foresight of these leaders, who
stood together in unity to change the course of our shared
history''. President Obama closed by saying, ``Today, as we
seek to expand the circle of peace among Arabs and Israelis, we
take inspiration from what Israel and Egypt achieved 3 decades
ago, knowing that the destination is worthy of the struggle''.
(24) The Camp David Accords and the Peace Treaty continue
to serve the interests of the United States by preserving peace
and serving as a foundation for partnership and dialogue in a
region fraught with conflict and division.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the posthumous award, on behalf of Congress, of a gold
medal of appropriate design to Anwar Sadat in recognition of his
achievements and heroic actions to attain comprehensive peace in the
Middle East.
(b) Design and Striking.--For the purpose of the award referred to
in subsection (a), the Secretary of the Treasury (referred to in this
Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
(c) Presentation.--
(1) In general.--The gold medal referred to in subsection
(a) shall be presented to--
(A)(i) the widow of Anwar Sadat, Jehan Sadat; or
(ii) if Jehan Sadat is unavailable, the next of kin
of Jehan Sadat; and
(B) a representative of the Government of Egypt.
(2) Award of medal.--Following the presentation described
in paragraph (1), the gold medal shall be given to--
(A) Jehan Sadat; or
(B) if Jehan Sadat is unavailable, the next of kin
of Jehan Sadat.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck under section 3 under such regulations as the Secretary
may prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals
struck under this Act shall be considered to be numismatic items.
Passed the Senate August 22, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | Anwar Sadat Centennial Celebration Act (Sec. 3) This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous award of a Congressional Gold Medal to Anwar Sadat in recognition of his achievements and heroic actions to attain comprehensive peace in the Middle East. | {"src": "billsum_train", "title": "Anwar Sadat Centennial Celebration Act"} | 2,332 | 76 | 0.411611 | 1.27478 | 0.190195 | 5.3 | 36.05 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Missing-in-Action and
Prisoners of War in Southeast Asia Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Commission on
Missing-in-Action and Prisoners of War in Southeast Asia (in this Act
referred to as the ``Commission'').
SEC. 3. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of
seven members as follows:
(1) One individual appointed by the President from among
the general public who shall serve as Chairperson of the
Commission.
(2) One individual appointed by the President pro tempore
of the Senate from among Members of the Senate.
(3) One individual appointed by the Speaker of the House of
Representatives from among Members of the House of
Representatives.
(4) Two individuals appointed by the President who are
members of the immediate family of United States personnel who
remain not accounted for as a result of service in the Armed
Forces or other Federal Government service in Southeast Asia
during the Vietnam era.
(5) One individual appointed by the Secretary of Defense
from among officers or employees of the Department of Defense.
(6) One individual appointed by the Secretary of State from
among officers or employees of the Department of State.
(b) Terms.--The term of office for a member of the Commission shall
be the life of the Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rate of pay.--Except as provided in paragraph (2), each
member of the Commission shall serve without pay or benefits.
(2) Travel expenses.--Each member of the Commission may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum.
(f) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Initial meeting.--The Commission shall hold its initial
meeting not later than 60 days after the date on which
appointments are completed.
SEC. 4. DUTIES OF COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a
comprehensive study of the efforts made by the government of
Vietnam to account for any United States personnel who remain
not accounted for as a result of service in the Armed Forces or
other Federal Government service in Southeast Asia during the
Vietnam era.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) efforts of the POW/MIA task force of the
Department of Defense to dispose of the ``discrepancy''
cases involving 55 individuals who were known to be
alive on the ground during the Vietnam era but who did
not return to the United States;
(B) efforts of the government of the United States
to account for any United States personnel who remain
not accounted for as a result of service in the Armed
Forces or other Federal Government service in Southeast
Asia during the Vietnam era; and
(C) efforts of the governments of Vietnam, Laos,
Cambodia, and the People's Republic of China, to
account for any United States personnel who remain not
accounted for as a result of service in the Armed
Forces or other Federal Government service in Southeast
Asia during the Vietnam era.
(b) Report.--Not later than January 1, 1997, the Commission shall
submit to Congress a report on its findings and recommendations.
SEC. 5. 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) Obtaining Official Data.--The Commission may secure directly
from any Federal agency information necessary to enable it to carry out
this Act. Upon request of the Chairperson or Vice Chairperson of the
Commission, the head of the agency shall provide the information to the
Commission.
(c) Administrative Support Services.--At 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.
SEC. 6. STAFF OF COMMISSION.
(a) Staff.--The Commission may appoint and fix the compensation of
such staff as the Commission considers necessary to perform its duties.
(b) Applicability of Certain Civil Service Laws.--The 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 the rate of
pay for such staff may not exceed the rate of basic pay under the
General Schedule for positions above GS-15.
(c) 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 which do not exceed the daily
equivalent of the annual rate of basic pay under the General Schedule
for positions above GS-15.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date of the
submission of its report under section 4(b).
SEC. 8. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) not later than 90 days after the date of receipt of the
report under section 4(b), the appropriate committees of
Congress should initiate hearings to consider the findings and
recommendations of the report; and
(2) the appropriate committees should consider whether to
adopt a resolution stating the sense of Congress on whether
diplomatic relations between the United States and Vietnam
should be maintained. | Commission on Missing-in-Action and Prisoners of War in Southeast Asia Act - Establishes the Commission on Missing-in-Action and Prisoners of War in Southeast Asia to: (1) conduct a comprehensive study of efforts made by the government of Vietnam to account for any U.S. personnel who remain unaccounted for as a result of military or Federal Government service in Southeast Asia during the Vietnam era; and (2) report to the Congress on the study's findings and recommendations. Terminates the Commission 90 days after submission of such report.
Expresses the sense of the Congress that the appropriate congressional committees should: (1) initiate hearings to consider the findings and recommendations of the report; and (2) consider whether to adopt a resolution stating the sense of the Congress on whether diplomatic relations between the United States and Vietnam should be maintained. | {"src": "billsum_train", "title": "Commission on Missing-in-Action and Prisoners of War in Southeast Asia Act"} | 1,366 | 178 | 0.52661 | 1.513412 | 0.8346 | 4.830303 | 7.624242 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Worker Needlestick
Prevention Act''.
SEC. 2. REQUIREMENTS.
(a) Bloodborne Pathogens Standard.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Labor, acting through the Occupational Safety and
Health Administration, shall amend the bloodborne pathogens
standard to require that--
(A) employers utilize needleless systems and sharps
with engineered sharps injury protections in their work
sites to prevent the spread of bloodborne pathogens;
and
(B) to assist employers in meeting the requirement
of subparagraph (A), non-managerial direct care health
care workers of employers participate in the
identification and evaluation of needleless systems and
sharps with engineered sharps injury protections.
(2) Exception.--The bloodborne pathogens standard
requirements of paragraph (1) shall apply to any employer,
except where the employer demonstrates, to the Secretary's
satisfaction, that--
(A) there are circumstances in the employer's work
facility in which the needleless systems and sharps
with engineered sharps injury protections do not
promote employee safety, interfere with patient safety,
or interfere with the success of a medical procedure;
or
(B) the needleless systems and sharps with
engineered sharps injury protections required are not
commercially available to the employer.
(b) Standard Content.--For carrying out the requirement of
subsection (a)(1) for needleless systems and sharps with engineered
sharps injury protections, the amendment required by subsection (a)
shall include the following:
(1) Exposure control plan.--The employer shall include in
their exposure control plan an effective procedure for
identifying and selecting existing needleless systems and
sharps with engineered sharps injury protections and other
methods of preventing bloodborne pathogens exposure.
(2) Sharps injury log.--In addition to the recording of all
injuries from contaminated sharps on the OSHA Occupational
Injuries and Illnesses 200 log or its equivalent, the employer
shall maintain a separate contaminated sharps injury log
containing the following information (to the extent such
information is known to the employer) with regard to each
exposure incident:
(A) Date and time of the exposure incident.
(B) Type and brand of sharp involved in the
exposure incident.
(C) Description of the exposure incident which
shall include--
(i) job classification of the exposed
employee;
(ii) department or work area where the
exposure incident occurred;
(iii) the procedure that the exposed
employee was performing at the time of the
incident;
(iv) how the incident occurred;
(v) the body part involved in the exposure
incident;
(vi) if the sharp had engineered sharps
injury protections--
(I) whether the protective
mechanism was activated, and whether
the injury occurred before the
protective mechanism was activated,
during activation of the mechanism, or
after activation of the mechanism, if
applicable; and
(II) whether the employee received
training on how to use the device
before use, and a brief description of
the training;
(vii) if the sharp had no engineered sharps
injury protections, the injured employee's
opinion as to whether and how such a mechanism
could have prevented the injury, as well as the
basis for the opinion; and
(viii) the employee's opinion about whether
any other engineering, administrative, or work
practice control could have prevented the
injury as well as the basis for the opinion.
(3) Training.--A requirement that all direct care health
care workers shall be provided adequate training on the use of
all needleless systems and sharps with engineered sharps injury
protections which they may be required to use.
SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY.
(a) In General.--The Director of the National Institute for
Occupational Safety and Health shall establish and maintain a national
database on existing needleless systems and sharps with engineered
sharps injury protections.
(b) Evaluation Criteria.--The Director shall develop a set of
evaluation criteria for use by employers, employees, and other persons
when they are evaluating and selecting needleless systems and sharps
with engineered sharps injury protections.
(c) Training.--The Director shall develop a model training
curriculum to train employers, employees, and other persons on the
process of evaluating needleless systems and sharps with engineered
sharps injury protections and shall (to the extent feasible) provide
technical assistance to persons who request such assistance.
(d) Monitoring.--The Director shall establish a national system to
collect comprehensive data on needlestick injuries to health care
workers, including data on mechanisms to analyze and evaluate
prevention interventions in relation to needlestick injury occurrence.
In carrying out its duties under this subsection, the National
Institute for Occupational Safety and Health shall have access to
information recorded by employers on the sharps injury log as required
by section 2(b)(2).
(e) Authorization.--There is authorized to be appropriated
$15,000,000 to the National Institute of Occupational Safety and Health
to carry out the requirements of this section.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Bloodborne pathogens.--The term ``bloodborne
pathogens'' means pathogenic microorganisms that are present in
human blood and can cause disease in humans. These pathogens
include hepatitis B virus, hepatitis C virus, and human
immunodeficiency virus.
(2) Contaminated.--The term ``contaminated'' means the
presence or the reasonably anticipated presence of blood or
other potentially infectious materials on an item or surface.
(3) Direct care health care worker.--The term ``direct care
health care worker'' means an employee responsible for direct
patient care with potential occupational exposure to sharps
related injuries.
(4) Employer.--The term ``employer'' means each employer
having an employee with occupational exposure to human blood or
other material potentially containing bloodborne pathogens.
(5) Engineered sharps injury protections.--The term
``engineered sharps injury protections'' means--
(A) a physical attribute built into a needle device
used for withdrawing body fluids, accessing a vein or
artery, or administering medications or other fluids,
that effectively reduces the risk of an exposure
incident by a mechanism such as barrier creation,
blunting, encapsulation, withdrawal, retraction,
destruction, or other effective mechanisms; or
(B) a physical attribute built into any other type
of needle device, or into a nonneedle sharp, which
effectively reduces the risk of an exposure incident.
(6) Needleless system.--The term ``needleless system''
means a device that does not use needles for--
(A) the withdrawal of body fluids after initial
venous or arterial access is established;
(B) the administration of medication or fluids; and
(C) any other procedure involving the potential for
an exposure incident.
(7) Sharp.--The term ``sharp'' means any object used or
encountered in a health care setting that can be reasonably
anticipated to penetrate the skin or any other part of the
body, and to result in an exposure incident, including, but not
limited to, needle devices, scalpels, lancets, broken glass,
broken capillary tubes, exposed ends of dental wires and dental
knives, drills, and burs.
(8) Sharps injury.--The term ``sharps injury'' means any
injury caused by a sharp, including cuts, abrasions, or
needlesticks.
(9) Sharps injury log.--The term ``sharps injury log''
means a written or electronic record satisfying the
requirements of section 2(b)(2).
SEC. 5. APPLICATION TO MEDICARE HOSPITALS.
The Secretary of Health and Human Services shall provide by
regulation that, as a condition of participation under the medicare
program under title XVIII of the Social Security Act of a hospital that
is not otherwise subject to the bloodborne pathogens standard amended
under section 2(a) because it is exempt from regulation by the
Occupational Safety and Health Administration, the hospital shall
comply with the bloodborne pathogen standard amended under section 2(a)
with respect to any employees of the hospital, effective at the same
time as such amended standard would have applied to the hospital if it
had not been so exempt.
SEC. 6. EFFECTIVE DATE.
This Act shall become effective upon the date of its enactment,
except that the Secretary of Labor shall take the action required by
section 2 within 1 year of such date. | (Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps.
(Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to healthcare workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations.
(Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation. | {"src": "billsum_train", "title": "Health Care Worker Needlestick Prevention Act"} | 1,909 | 290 | 0.6862 | 2.216104 | 0.727843 | 4.113281 | 6.617188 | 0.933594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mother's Day Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Anna Jarvis, who is considered to be the founder of the
modern Mother's Day, was born in Webster, West Virginia on May
1, 1864.
(2) A resident of Grafton, West Virginia, Anna Jarvis
dedicated much of her adult life to honoring her mother, Anna
Reeves Jarvis, who passed on May 9, 1905.
(3) In 1908, the Andrews Methodist Episcopal Church of
Grafton, West Virginia, officially proclaimed the third
anniversary of Anna Reeves Jarvis' death to be Mother's Day.
(4) In 1910, West Virginia Governor, William Glasscock,
issued the first Mother's Day Proclamation encouraging all West
Virginians to attend church and wear white carnations.
(5) On May 8, 1914, the Sixty-Third Congress approved H.J.
Res. 263 designating the second Sunday in May to be observed as
Mother's Day and encouraging all Americans to display the
American flag at their homes as a public expression of the love
and reverence for the mothers of our Nation.
(6) On May 9, 1914, President Woodrow Wilson issued a
Presidential Proclamation directing government officials to
display the American flag on all government buildings and
inviting the American people to display the flag at their homes
on the second Sunday of May as a public expression of the love
and reverence for the mothers of our nation.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereinafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--The design of the coins minted under this
Act shall be emblematic of the 100th anniversary of President Wilson's
proclamation designating the second Sunday in May as Mother's Day.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee
established under section 5135 of title 31, United States Code.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2014, except that the Secretary may
initiate sales of such coins, without issuance, before such date.
(c) Termination of Minting Authority.--No coins shall be minted
under this Act after December 31, 2014.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales shall include a surcharge of $10
per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) \1/2\ to the Susan G. Komen for the Cure for the
purpose of furthering research funded by the organization.
(2) \1/2\ to the National Osteoporosis Foundation for the
purpose of furthering research funded by the Foundation.
(c) Audits.--The Susan G. Komen for the Cure and the National
Osteoporosis Foundation shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with regard to the
amounts received by the respective organizations under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Passed the House of Representatives May 5, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.
Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.
Terminates such minting authority after December 31, 2014.
Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.
States that, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, the budgetary effects of this Act shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, if it has been submitted for printing in the Congressional Record before the vote on passage. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Mother's Day."} | 1,524 | 239 | 0.487693 | 1.633291 | 0.783339 | 6.21134 | 6.881443 | 0.953608 |
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, 2003.''
(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 and
before January 1, 2003. | Amends the Internal Revenue Code to recognize gain on the sale of any capital asset, if the taxpayer so elects, only to the extent that the amount realized exceeds the cost of any eligible small business investment purchased by the taxpayer during the 12 months before the sale, reduced by any portion of the cost previously taken into account under these provisions. Terminates these provisions after the year 2002. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses."} | 1,940 | 81 | 0.566943 | 1.398655 | 0.871105 | 3.173333 | 24.8 | 0.853333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on International
Coordination of Financial Regulation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress hereby finds the following:
(1) Innovation in financial services and products is
outpacing the ability of regulatory bodies to monitor and
control the stability of the international financial system.
(2) The rapid growth and integration of international
capital markets has resulted in a volume of financial
transactions that exceeds the resources of any single country
and any single regulatory body.
(3) Although most countries have regulatory bodies that
govern the operation of each such country's financial markets
and participants, the globalization of the financial markets
requires better efforts to coordinate international regulation
and supervision.
(4) Financial regulators in the United States pursue
separate strategies for dealing with international financial
issues, including derivative financial instruments, often with
inadequate communication among themselves and their foreign
counterparts.
(5) Given the increased globalization of financial markets,
it is imperative that regulators establish an effective system
of crisis management to deal with any shock to international
financial markets.
(6) As market participants continue to globalize their
operations, financial regulatory bodies must develop a
coordinated approach to enforcement actions.
(7) Large differences in the operations of the world's
major clearing and settlement systems, in terms of both
efficiency and risk, pose a threat to the stability of the
international financial system.
(8) Because financial assets directed through so-called
``off-shore tax havens'' are growing, such off-shore tax havens
need to be identified and their role in the international
financial system, the reasons for their growth, and the effect
of their unrestricted growth on the international financial
system need to be fully examined.
(b) Purpose.--It is the purpose of this Act to provide for the
United States to play a leadership role in--
(1) ensuring a stable and efficient international financial
system; and
(2) enhancing cooperation among financial regulatory bodies
around the world.
SEC. 3. COMMISSION ON INTERNATIONAL COORDINATION OF FINANCIAL
REGULATION.
There is hereby established the Commission on International
Coordination of Financial Regulation, an advisory committee under the
Federal Advisory Committee Act, hereafter in this Act referred to as
the ``Commission''.
SEC. 4. DUTIES.
The duties of the Commission are as follows:
(1) Identify the various regulatory bodies and mechanisms
that are used to regulate and supervise international capital
markets, including mechanisms that governments employ to manage
international capital market instability.
(2) Appraise the adequacy of the cooperation between the
various regulatory entities and mechanisms referred to in
paragraph (1).
(3) Propose solutions for improving cooperation among the
various regulatory bodies and mechanisms, including a proposal,
if feasible, for establishing a single international body or
mechanism with responsibility for coordinating international
regulation and promoting the stability of the international
financial system.
(4) Identify the various enforcement methods which
countries use to enforce laws and regulations relating to
capital markets and the extent and adequacy of cooperation
among regulators in taking enforcement actions.
(5) Propose solutions for improving global enforcement of
laws and regulations relating to capital markets and other
aspects of the international financial system.
(6) Analyze the major clearing and settlement systems and
the differences among those systems in terms of volume, risk,
and efficiency and evaluate the impact each system has on the
stability of the other major payments and settlements systems.
(7) Propose solutions for improving coordination among the
major clearing and settlement systems, including programs to
raise the quality of the weaker systems.
(8) Identify all so-called ``off-shore tax havens'' and
analyze their role in the international capital markets and the
reasons for their growth.
(9) Propose solutions for minimizing any adverse effect the
growth of the ``tax havens'' may have on the international
financial system, including, if warranted, a proposal for
curbing the growth of such havens.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall consist of 15
members as follows:
(1) The Chairman of the Board of Governors of the Federal
Reserve System or the Chairman's designee.
(2) The Secretary of the Treasury or the Secretary's
designee.
(3) The Chairman of the Securities and Exchange Commission
or the Chairman's designee.
(4) 6 members appointed by the President.
(5) 3 members appointed by the Speaker and the minority
leader of the House of Representatives, acting jointly, not
more than 2 of whom may be members of the same political party.
(6) 3 members appointed by the majority leader and the
minority leader of the Senate, acting jointly, not more than 2
of whom may be members of the same political party.
(b) Qualifications of Appointed Members.--The members appointed
pursuant to paragraphs (4), (5), and (6) of subsection (a) shall be
appointed from among individuals who--
(1) are specially qualified to serve on the Commission by
reason of their education, training, and experience in
international finance and business, accounting, currency
transactions, the international payment system, trade matters,
banking, or securities; and
(2) have a broad understanding of the global economy.
(c) Terms.--Members shall be appointed for the life of the
Commission.
(d) Initial Appointments.--The initial members of the Commission
shall be appointed before the end of the 30-day period beginning on the
date of the enactment of this Act.
(e) Vacancy.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made.
(f) Removal.--An appointed member of the Commission may be removed
only for malfeasance in office.
(g) Quorum.--5 members shall constitute a quorum.
(h) Chairperson.--The President shall designate a chairperson of
the Commission from among members appointed under paragraph (4), (5),
or (6) of subsection (a).
(i) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members.
(j) Policy Actions.--No action establishing a policy or
recommendation of the Commission may be adopted without the approval of
at least 8 members.
(k) Travel and Per Diem.--Members of the Commission shall be paid
actual travel expenses and per diem in lieu of subsistence expenses in
accordance with section 5703 of title 5, United States Code.
SEC. 6. DIRECTOR AND STAFF.
(a) Director.--The principal administrative officer of the
Commission shall be a director who shall--
(1) be appointed by the Commission;
(2) be paid at a rate not to exceed the maximum rate
payable under section 5376 of title 5, United States Code; and
(3) serve on a full-time basis.
(b) Staff.--
(1) In general.--With the approval of the Commission, the
director may appoint and fix the pay of such personnel as the
director determines to be appropriate.
(2) Applicability of certain civil service laws.--The staff
of the Commission shall be appointed subject to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter 53 of
that title relating to classification and General Schedule pay
rates.
(3) Temporary staff.--With the approval of the Commission,
the director may appoint such employees as may be necessary to
carry out the functions of the Commission for a period of not
more than 1 year, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title, except that the
rates of pay for such temporary staff shall not exceed the
maximum rate payable under section 5376 of title 5, United
States Code.
(c) Experts and Consultants.--With the approval of the Commission,
the director 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 rate payable under section 5376 of title 5,
United States Code.
(d) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal department or agency may detail any of the
personnel of that department or agency to the Commission to assist the
Commission in carrying out its duties under this Act.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act--
(1) hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate; and
(2) administer oaths or affirmations to witnesses appearing
before the Commission.
(b) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this Act.
(2) Provision of information.--Upon the request of the
Chairperson of the Commission, the head of any department or
agency of the United States shall furnish that information to
the Commission.
(c) Gifts, Bequests, and Devises.--
(1) In general.--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.
(2) Deposit and disbursement.--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.
(d) 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.
(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.
SEC. 8. REPORT
(a) Report Required.--The Commission shall submit a final report to
the President and the Congress before the end of the 18-month period
beginning on the date of the enactment of this Act.
(b) Contents of Report.--The report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with the Commission's recommendations for such legislative and
administrative actions as the Commission considers appropriate.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting the report
pursuant to section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the fiscal years 1995
and 1996 not to exceed $2,000,000 to carry out the purposes of this
Act. | Commission on International Coordination of Financial Regulation Act - Establishes the Commission on International Coordination of Financial Regulation to: (1) identify the various regulatory bodies and mechanisms pertaining to international capital markets, including those used by governments to manage international capital market instability; (2) appraise the adequacy of cooperation between such various regulators; (3) propose solutions for improving such cooperation; (4) identify the various methods used by countries to enforce capital market regulations and the adequacy of international cooperation; (5) propose solutions for improving global regulatory enforcement of the international financial system; (6) analyze the major clearing and settlement systems and their impact upon the stability of other payments and settlements systems; (7) propose solutions for improving coordination among major clearing and settlements systems; (8) identify and analyze the role of "off-shore tax havens" in the international capital markets; and (9) propose solutions for minimizing any adverse effect that tax havens may have on the international financial system.
Directs the Commission to report to the Congress and the President on its findings and recommendations. Authorizes appropriations. | {"src": "billsum_train", "title": "Commission on International Coordination of Financial Regulation Act"} | 2,399 | 227 | 0.63807 | 1.867647 | 0.946841 | 4.488263 | 10.629108 | 0.957746 |
SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.
(a) Findings.--Congress finds that--
(1) the Las Vegas Valley in the State of Nevada is the
fastest growing community in the United States;
(2) helicopter tour operations are conflicting with the
needs of long-established residential communities in the
Valley; and
(3) the designation of a public heliport in the Valley that
would reduce conflicts between helicopter tour operators and
residential communities is in the public interest.
(b) Purpose.--The purpose of this Act is to provide a suitable
location for the establishment of a commercial service heliport
facility to serve the Las Vegas Valley in the State of Nevada while
minimizing and mitigating the impact of air tours on the Sloan Canyon
National Conservation Area and North McCullough Mountains Wilderness.
(c) Definitions.--In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Sloan Canyon National Conservation Area established
by section 604(a) of the Clark County Conservation of Public
Land and Natural Resources Act of 2002 (116 Stat. 2010).
(2) County.--The term ``County'' means Clark County,
Nevada.
(3) Helicopter tour.--
(A) In general.--The term ``helicopter tour'' means
a commercial helicopter tour operated for profit.
(B) Exclusion.--The term ``helicopter tour'' does
not include a helicopter tour that is carried out to
assist a Federal, State, or local agency.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wilderness.--The term ``Wilderness'' means the North
McCullough Mountains Wilderness established by section
202(a)(13) of the Clark County Conservation of Public Land and
Natural Resources Act of 2002 (116 Stat. 2000).
(d) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary shall convey to the County, subject to valid
existing rights, for no consideration, all right, title, and interest
of the United States in and to the parcel of land described in
subsection (e).
(e) Description of Land.--The parcel of land to be conveyed under
subsection (d) is the parcel of approximately 229 acres of land
depicted as tract A on the map entitled ``Clark County Public Heliport
Facility'' and dated May 3, 2004.
(f) Use of Land.--
(1) In general.--The parcel of land conveyed under
subsection (d)--
(A) shall be used by the County for the operation
of a heliport facility under the conditions stated in
paragraphs (2) and (3); and
(B) shall not be disposed of by the County.
(2) Imposition of fees.--
(A) In general.--Any operator of a helicopter tour
originating from or concluding at the parcel of land
described in subsection (e) shall pay to the Clark
County Department of Aviation a $3 conservation fee for
each passenger on the helicopter tour if any portion of
the helicopter tour occurs over the Conservation Area.
(B) Disposition of funds.--Any amounts collected
under subparagraph (A) shall be deposited in a special
account in the Treasury of the United States, which
shall be available to the Secretary, without further
appropriation, for the management of cultural,
wildlife, and wilderness resources on public land in
the State of Nevada.
(3) Flight path.--Except for safety reasons, any helicopter
tour originating or concluding at the parcel of land described
in subsection (e) that flies over the Conservation Area shall
not fly--
(A) over any area in the Conservation Area except
the area that is between 3 and 5 miles north of the
latitude of the southernmost boundary of the
Conservation Area;
(B) lower than 1,000 feet over the eastern segments
of the boundary of the Conservation Area; or
(C) lower than 500 feet over the western segments
of the boundary of the Conservation Area.
(4) Reversion.--If the County ceases to use any of the land
described in subsection (d) for the purpose described in
paragraph (1)(A) and under the conditions stated in paragraphs
(2) and (3)--
(A) title to the parcel shall revert to the United
States, at the option of the United States; and
(B) the County shall be responsible for any
reclamation necessary to revert the parcel to the
United States.
(g) Administrative Costs.--The Secretary shall require, as a
condition of the conveyance under subsection (d), that the County pay
the administrative costs of the conveyance, including survey costs and
any other costs associated with the transfer of title. | Requires the Secretary of the Interior to convey a specified parcel of Federal land to Clark County, Nevada, for operation of a commercial heliport facility. Prohibits the disposal of such conveyed land by the County.
Establishes a conservation fee for, and restricts the flight path of, helicopter tours originating from or concluding at the conveyed land which fly over the Sloan Canyon National Conservation Area. Requires collected fees to be deposited into a special account in the Treasury for use by the Secretary for cultural, wildlife, and wilderness resources management on public lands in Nevada.
Provides that title to the conveyed land shall revert to the United States if the County ceases to use the land for the purpose described in this Act. Makes the County responsible for any reclamation necessary for reversion.
Directs the Secretary to require the County to pay the administrative costs of conveying the land. | {"src": "billsum_train", "title": "A bill to provide for the conveyance of certain public land in Clark County, Nevada, for use as a heliport."} | 1,047 | 204 | 0.610721 | 1.755959 | 0.811422 | 2.375758 | 5.739394 | 0.872727 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dr. Chris
Kirkpatrick Whistleblower Protection Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMPLOYEES GENERALLY
Sec. 101. Definitions.
Sec. 102. Stays; probationary employees.
Sec. 103. Prohibited personnel practices.
Sec. 104. Discipline of supervisors based on retaliation against
whistleblowers.
Sec. 105. Suicide by employees.
Sec. 106. Training for supervisors.
Sec. 107. Information on whistleblower protections.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
Sec. 201. Prevention of unauthorized access to medical records of
employees of the Department of Veterans Affairs.
Sec. 202. Outreach on availability of mental health services available
to employees of the Department of Veterans Affairs.
Sec. 203. Protocols to address threats against employees of the
Department of Veterans Affairs.
Sec. 204. Comptroller General of the United States study on
accountability of chiefs of police of Department of Veterans
Affairs medical centers.
TITLE I--EMPLOYEES GENERALLY
SEC. 101. DEFINITIONS.
In this title--
(1) the term ``agency''--
(A) except as provided in subparagraph (B), means an entity
that is an agency, as defined under section 2302 of title 5,
United States Code, without regard to whether one or more
portions of title 5 of the United States Code are inapplicable
to the entity; and
(B) does not include any entity that is an element of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4));
(2) the term ``employee'' means an employee (as defined in
section 2105 of title 5, United States Code) of an agency; and
(3) the term ``personnel action'' has the meaning given that
term under section 2302 of title 5, United States Code.
SEC. 102. STAYS; PROBATIONARY EMPLOYEES.
(a) Request by Special Counsel.--Section 1214(b)(1) of title 5,
United States Code, is amended by adding at the end the following:
``(E) If the Merit Systems Protection Board grants a stay under
this subsection, the head of the agency employing the employee shall
give priority to a request for a transfer submitted by the employee.''.
(b) Probationary Employees.--Section 1221 of title 5, United States
Code, is amended by adding at the end the following:
``(k) If the Merit Systems Protection Board grants a stay to an
employee in probationary status under subsection (c), the head of the
agency employing the employee shall give priority to a request for a
transfer submitted by the employee.''.
(c) Study Regarding Retaliation Against Probationary Employees.--
The Comptroller General of the United States shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report discussing retaliation against employees in
probationary status.
SEC. 103. PROHIBITED PERSONNEL PRACTICES.
Section 2302(b) of title 5, United States Code, is amended--
(1) in paragraph (12), by striking ``or'' at the end;
(2) in paragraph (13), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (13) the following:
``(14) access the medical record of another employee or an
applicant for employment as a part of, or otherwise in furtherance
of, any conduct described in paragraphs (1) through (13).''.
SEC. 104. DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST
WHISTLEBLOWERS.
(a) In General.--Subchapter II of chapter 75 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 7515. Discipline of supervisors based on retaliation against
whistleblowers
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) except as provided in subparagraph (B), means an
entity that is an agency, as defined under section 2302,
without regard to whether any other provision of this chapter
is applicable to the entity; and
``(B) does not include any entity that is an element of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4));
``(2) the term `prohibited personnel action' means taking or
failing to take an action in violation of paragraph (8), (9), or
(14) of section 2302(b) against an employee of an agency; and
``(3) the term `supervisor' means an employee who would be a
supervisor, as defined under section 7103(a), if the entity
employing the employee was an agency.
``(b) Proposed Disciplinary Actions.--
``(1) In general.--If the head of the agency employing a
supervisor, an administrative law judge, the Merit Systems
Protection Board, the Special Counsel, a judge of the United
States, or the Inspector General of the agency employing a
supervisor determines that the supervisor has committed a
prohibited personnel action, the head of the agency employing the
supervisor, in accordance with the procedures required under
paragraph (2)--
``(A) for the first prohibited personnel action committed
by a supervisor--
``(i) shall propose suspending the supervisor for a
period of not less than 3 days; and
``(ii) may, in addition to a suspension described in
clause (i), propose any other action, including a reduction
in grade or pay, that the head of the agency determines
appropriate; and
``(B) for the second prohibited personnel action committed
by a supervisor, shall propose removing the supervisor.
``(2) Procedures.--
``(A) Notice.--A supervisor against whom an action is
proposed to be taken under paragraph (1) is entitled to written
notice--
``(i) stating the specific reasons for the proposed
action; and
``(ii) informing the supervisor of the right of the
supervisor to review the material which is relied on to
support the reasons for the proposed action.
``(B) Answer and evidence.--
``(i) In general.--A supervisor who is notified under
subparagraph (A) that the supervisor is the subject of a
proposed action under paragraph (1) is entitled to 14 days
following such notification to answer and furnish evidence
in support of the answer.
``(ii) No evidence furnished; insufficient evidence.--
After the end of the 14-day period described in clause (i),
if a supervisor does not furnish evidence as described in
clause (i) or if the head of the agency determines that
such evidence is not sufficient to reverse the proposed
action, the head of the agency shall carry out the action.
``(C) Scope of procedures.--An action carried out under
this section--
``(i) except as provided in clause (ii), shall be
subject to the same requirements and procedures (including
regarding appeals) as an action under section 7503, 7513,
or 7543; and
``(ii) shall not be subject to--
``(I) paragraphs (1) and (2) of section 7503(b);
``(II) paragraphs (1) and (2) of subsection (b) and
subsection (c) of section 7513; or
``(III) paragraphs (1) and (2) of subsection (b)
and subsection (c) of section 7543.
``(3) Delegation.--
``(A) In general.--Except as provided in paragraph (B), the
head of an agency may delegate any authority or responsibility
under this subsection.
``(B) Nondelegability of determination regarding prohibited
personnel action.--If the head of an agency is responsible for
determining whether a supervisor has committed a prohibited
personnel action for purposes of paragraph (1), the head of the
agency may not delegate that responsibility.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 75 of title 5, United States Code, is amended
by adding at the end the following:
``7515. Discipline of supervisors based on retaliation against
whistleblowers.''.
SEC. 105. SUICIDE BY EMPLOYEES.
(a) Referral.--The head of an agency shall refer to the Special
Counsel, along with any information known to the agency regarding the
circumstances described in paragraphs (2) and (3), any instance in
which the head of the agency has information indicating--
(1) an employee of the agency committed suicide;
(2) prior to the death of the employee, the employee made any
disclosure of information which reasonably evidences--
(A) any violation of any law, rule, or regulation; or
(B) gross mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public
health or safety; and
(3) after a disclosure described in paragraph (2), a personnel
action was taken against the employee.
(b) Office of Special Counsel Review.--For any referral to the
Special Counsel under subsection (a), the Special Counsel shall--
(1) examine whether any personnel action was taken because of
any disclosure of information described in subsection (a)(2); and
(2) take any action the Special Counsel determines appropriate
under subchapter II of chapter 12 of title 5, United States Code.
SEC. 106. TRAINING FOR SUPERVISORS.
In consultation with the Special Counsel and the Inspector General
of the agency (or senior ethics official of the agency for an agency
without an Inspector General), the head of each agency shall provide
training regarding how to respond to complaints alleging a violation of
whistleblower protections (as defined in section 2307 of title 5,
United States Code, as added by section 107) available to employees of
the agency--
(1) to employees appointed to supervisory positions in the
agency who have not previously served as a supervisor; and
(2) on an annual basis, to all employees of the agency serving
in a supervisory position.
SEC. 107. INFORMATION ON WHISTLEBLOWER PROTECTIONS.
(a) Existing Provision.--
(1) In general.--Section 2302 of title 5, United States Code,
is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(2) Technical and conforming amendments.--
(A) Section 4505a(b)(2) of title 5, United States Code, is
amended by striking ``section 2302(d)'' and inserting ``section
2302(c)''.
(B) Section 5755(b)(2) of title 5, United States Code, is
amended by striking ``section 2302(d)'' and inserting ``section
2302(c)''.
(C) Section 110(b)(2) of the Whistleblower Protection
Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended by
striking ``section 2302(f)(1) or (2)'' and inserting ``section
2302(e)(1) or (2)''.
(D) Section 1217(d)(3) of the Panama Canal Act of 1979 (22
U.S.C. 3657(d)(3)) is amended by striking ``section 2302(d)''
and inserting ``section 2302(c)''.
(E) Section 1233(b) of the Panama Canal Act of 1979 (22
U.S.C. 3673(b)) is amended by striking ``section 2302(d)'' and
inserting ``section 2302(c)''.
(b) Provision of Information.--Chapter 23 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 2307. Information on whistleblower protections
``(a) Definitions.--In this section--
``(1) the term `agency'--
``(A) except as provided in subparagraph (B), has the
meaning given that term in section 2302; and
``(B) does not include any entity that is an element of the
intelligence community, as defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4));
``(2) the term `new employee' means an individual--
``(A) appointed to a position as an employee of an agency
on or after the date of enactment of the Dr. Chris Kirkpatrick
Whistleblower Protection Act of 2017; and
``(B) who has not previously served as an employee; and
``(3) the term `whistleblower protections' means the
protections against and remedies for a prohibited personnel
practice described in paragraph (8), subparagraph (A)(i), (B), (C),
or (D) of paragraph (9), or paragraph (14) of section 2302(b).
``(b) Responsibilities of Head of Agency.--The head of each agency
shall be responsible for the prevention of prohibited personnel
practices, for the compliance with and enforcement of applicable civil
service laws, rules, and regulations, and other aspects of personnel
management, and for ensuring (in consultation with the Special Counsel
and the Inspector General of the agency) that employees of the agency
are informed of the rights and remedies available to them under this
chapter and chapter 12, including--
``(1) information regarding whistleblower protections available
to new employees during the probationary period;
``(2) the role of the Office of Special Counsel and the Merit
Systems Protection Board with regard to whistleblower protections;
and
``(3) how to make a lawful disclosure of information that is
specifically required by law or Executive order to be kept
classified in the interest of national defense or the conduct of
foreign affairs to the Special Counsel, the Inspector General of an
agency, Congress, or other agency employee designated to receive
such disclosures.
``(c) Timing.--The head of each agency shall ensure that the
information required to be provided under subsection (b) is provided to
each new employee of the agency not later than 6 months after the date
the new employee begins performing service as an employee.
``(d) Information Online.--The head of each agency shall make
available information regarding whistleblower protections applicable to
employees of the agency on the public website of the agency, and on any
online portal that is made available only to employees of the agency if
one exists.
``(e) Delegees.--Any employee to whom the head of an agency
delegates authority for personnel management, or for any aspect
thereof, shall, within the limits of the scope of the delegation, be
responsible for the activities described in subsection (b).''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 23 of title 5, United States Code, is amended by adding at the
end the following:
``2307. Information on whistleblower protections.''.
TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES
SEC. 201. PREVENTION OF UNAUTHORIZED ACCESS TO MEDICAL RECORDS OF
EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Development of Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall--
(A) develop a plan to prevent access to the medical records
of employees of the Department of Veterans Affairs by employees
of the Department who are not authorized to access such
records;
(B) submit to the appropriate committees of Congress the
plan developed under subparagraph (A); and
(C) upon request, provide a briefing to the appropriate
committees of Congress with respect to the plan developed under
subparagraph (A).
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A detailed assessment of strategic goals of the
Department for the prevention of unauthorized access to the
medical records of employees of the Department.
(B) A list of circumstances in which an employee of the
Department who is not a health care provider or an assistant to
a health care provider would be authorized to access the
medical records of another employee of the Department.
(C) Steps that the Secretary will take to acquire new or
implement existing technology to prevent an employee of the
Department from accessing the medical records of another
employee of the Department without a specific need to access
such records.
(D) Steps the Secretary will take, including plans to issue
new regulations, as necessary, to ensure that an employee of
the Department may not access the medical records of another
employee of the Department for the purpose of retrieving
demographic information if that demographic information is
available to the employee in another location or through
another format.
(E) A proposed timetable for the implementation of such
plan.
(F) An estimate of the costs associated with implementing
such plan.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Homeland Security and Governmental Affairs
and the Committee on Veterans' Affairs of the Senate; and
(2) the Committee on Oversight and Government Reform and the
Committee on Veterans' Affairs of the House of Representatives.
SEC. 202. OUTREACH ON AVAILABILITY OF MENTAL HEALTH SERVICES
AVAILABLE TO EMPLOYEES OF THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall conduct a program of
outreach to employees of the Department of Veterans Affairs to inform
those employees of any mental health services, including telemedicine
options, that are available to them.
SEC. 203. PROTOCOLS TO ADDRESS THREATS AGAINST EMPLOYEES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Veterans Affairs shall ensure protocols are in
effect to address threats from individuals receiving health care from
the Department of Veterans Affairs directed towards employees of the
Department who are providing such health care.
SEC. 204. COMPTROLLER GENERAL OF THE UNITED STATES STUDY ON
ACCOUNTABILITY OF CHIEFS OF POLICE OF DEPARTMENT OF VETERANS
AFFAIRS MEDICAL CENTERS.
The Comptroller General of the United States shall conduct a study
to assess the reporting, staffing, accountability, and chain of command
structure of the Department of Veterans Affairs police officers at
medical centers of the Department.
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 4, 2017 . Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017 TITLE I--EMPLOYEES GENERALLY (Sec. 102) This bill directs federal agencies (excluding any entity that is an element of the intelligence community) to give priority to an employee transfer request if the Merit Systems Protections Board (MSPB) grants a stay of a personnel action at the request of: (1) the Office of Special Counsel (OSC) if the OSC determines the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice; or (2) the employee if the individual is in probationary status and seeks corrective action. The Government Accountability Office (GAO) shall report to Congress on retaliation against employees in probationary status. (Sec. 103) The bill: (1) prohibits any employee who has the authority to take a personnel action to access the medical records of another employee or applicant for employment, (2) authorizes disciplinary action against supervisors for retaliation against whistleblowers. (Sec. 105) Agencies must: (1) refer information about employee suicides to the OSC, (2) train supervisors on responding to complaints alleging whistleblower protections violations, (3) provide information regarding whistleblower protections to new employees during probationary periods, (4) inform employees of the role of the OSC and the MSPB with regard to whistleblower protection, and (5) make information about such protections available on agency websites. TITLE II--DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES (Sec. 201) The Department of Veterans Affairs (VA) must: (1) submit a plan to prevent unauthorized access to the medical records of VA employees; (2) conduct an outreach program to inform its employees of available mental health services, including telemedicine options; and (3) ensure protocols are in effect to address threats against VA employees providing health care. (Sec. 204) The GAO shall assess the reporting, staffing, accountability, and chain of command structure of the VA police officers at VA medical centers. | {"src": "billsum_train", "title": "Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017"} | 4,308 | 485 | 0.660408 | 2.294799 | 0.71909 | 2.707617 | 9.439803 | 0.879607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Choice for Electricity Act
of 1999''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``aggregation'' means the purchase or
acquisition of retail electricity on behalf of two or more
consumers.
(2) The term ``electric utility franchise'' means rights
granted to a utility company by a local government which
provide conditions under which the utility conducts its
operations and services within the boundaries of the local
government.
(3) The term ``municipal electric utility'' means a city,
county, irrigation district, drainage district, public utility
district, or other political subdivision or agency of a State
competent under the laws thereof to carry on the business of a
retail electricity distributor and/or a retail electricity
supplier.
(4) The term ``opt-out aggregation plan'' means aggregation
in which all customers within the jurisdiction of a local
government unit are automatically included unless they
affirmatively choose a supplier other than the supplier
designated by the local government unit.
(5) The term ``retail electric consumer'' means any person
who purchases or offers to purchase any retail electric supply.
(6) The term ``rural electric cooperative'' means an
enterprise or organization owned by and operated for the
benefit of those receiving retail electricity (usually
distribution and supply) and other services from the
cooperative.
(7) The term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and Indian tribes as defined in section 102(2) of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
479a(2)).
(8) The term ``State regulatory authority'' means any State
agency which has ratemaking authority with respect to the
provision of local electric energy distribution services by any
local distribution company.
(9) The term ``supplier'' means any person who produces,
generates, manufactures, aggregates, markets, brokers, sells,
or otherwise supplies electric energy.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Many States are deregulating retail sales of
electricity.
(2) Deregulation of retail sales of electricity must
benefit all customers, including residential and small business
customers.
(3) In States that have deregulated retail sales of
electricity, large industrial and commercial customers are
winning the best deals, and few choices are yet available to
residential and small business consumers.
(4) It is likely that most residential customers will not
actively choose a new electricity supplier and instead will
remain customers of their current electricity supplier for
years to come;
(5) All customers, especially residential and small
business customers, will often find it difficult and
frustrating to find the time and sufficient information to
fully evaluate competing offers from electricity suppliers.
(6) Aggregation into larger buying groups will enable
consumers to achieve greater leverage and thus better prices
and services in electricity markets.
(7) Community choice is a particular type of aggregation in
which a local government negotiates a contract for electric
energy on behalf of all citizens within its boundaries.
Residents or businesses in the community who prefer to choose
their own electricity suppliers would be free to ``opt out''.
(8) All consumers taking part in community choice
aggregation can benefit, including large customers, who can
still receive price differentiation based on their larger
usage.
(9) Local governments are experienced in working with
technical consultants to negotiate contracts and deliver
services to their citizens.
(10) Local governments are accountable to their
constituents through elections, open meetings laws, fair
bidding laws, and conflict of interest laws.
(11) Because local governments exercising community choice
must include all electricity customers within the jurisdiction
who want to participate, all citizens and businesses who so
choose can benefit, while other types of retail electricity
suppliers will seek to serve the more profitable customers or
specific types of customers.
(12) Local governments can provide an electric load that
has diversity and may be attractive to electricity suppliers.
(13) In States that have deregulated retail sales of
electricity, citizens should be able to use traditional public
processes to determine whether their local governments should
act as nonprofit aggregators for their communities.
(14) In States in which they hold franchise powers for
electricity, local governments should be able to use their
franchise to exercise community choice.
SEC. 4. AGGREGATION.
Notwithstanding any other provision of Federal or State law, and
subject to legitimate and nondiscriminatory State requirements imposed
on retail electric suppliers, a group of customers or any entity,
including a unit of State or local government, acting on behalf of such
group may acquire retail electric energy on an aggregate basis if the
group of customers is served by one or more local distribution
companies that are subject to retail competition.
SEC. 5. COMMUNITY CHOICE AGGREGATION.
Title VI of the Public Utility Regulatory Policies Act of 1978 is
amended by adding the following new section at the end thereof:
``SEC. 609. COMMUNITY CHOICE AGGREGATION.
``(a) Community Choice Aggregation of Electric Load.--Any State
that permits any group of retail electric consumers to choose among
competing suppliers of electric energy shall permit any general purpose
local government unit for any political subdivision of the State, or
group of such general purpose units of local government acting
together, to offer to act as an agent for all purchasers that are
within such group of retail electric consumers and that are located
within the boundaries of such political subdivision for the purpose of
purchasing electric energy on an aggregate basis if such local
government, or group of local governments, comply with the requirements
of subsection (b).
``(b) Requirements.--
``(1) Approval by vote.--A local government shall be
covered by the provisions of subsection (a) only if such
government has approved the aggregation of electric energy
purchases by a vote of its elected governing body or by a vote
of its citizens. Two or more local governments shall be covered
by the provisions of subsection (a) only if such governments
have approved the aggregation of electric energy purchases by a
vote of the elected governing body or by a vote of the citizens
of each local government.
``(2) Participation not mandatory.--A local government
shall be covered by the provisions of subsection (a) only if
all retail electric consumers permitted to choose among
competing suppliers of electric energy that are located within
the boundaries of such political subdivision are offered the
opportunity to participate in the aggregation of purchases and
any such consumer choosing not to participate is permitted to
opt out and purchase electric energy from another agent acting
as an aggregator or directly from any supplier or other person.
``(3) State regulatory authorities.--Each State regulatory
authority for a State that permits any group of retail electric
consumers to choose among competing suppliers of electric
energy shall cooperate with local governments for the purpose
of compliance with this subsection. Each such State regulatory
authority shall establish guidelines for local governments
acting as community choice electricity aggregators. No State
regulatory authority may interfere with a local government's
existing powers to procure competitive energy services under
existing Federal and State law, city charter provisions, or
local procurement practices.
``(4) Funds for renewable energy or energy efficiency.--
Each State that permits any group of retail electric consumers
to choose among competing suppliers and that also authorizes or
mandates the collection of funds for renewable energy or energy
efficiency programs shall permit local governments that serve
as community choice aggregators of electric energy purchases to collect
and expend such funds in the case of consumers within the aggregated
jurisdiction if the local government has prepared and approved a plan
for such collection and expenditure at the local level and State
regulators have reviewed and approved said plan as consistent with
State energy goals and as providing an appropriate contribution to any
statewide or regional renewable energy or energy efficiency fund that
benefits the aggregated jurisdiction.
``(c) Federal Power Act Jurisdiction.--No local government that
aggregates electric load as described in subsection (a) shall be
considered a utility engaging in the wholesale purchase and resale of
electricity for purposes of the Federal Power Act. Providing
electricity to aggregated customers within the boundaries of a local
government as described in subsection (a) shall not be considered a
wholesale transaction subject to the jurisdiction of the Federal Energy
Regulatory Commission under the Federal Power Act.
``(d) Enforcement.--The Federal Energy Regulatory Commission may
bring an action in the appropriate United States District Court against
any State to require compliance with the provisions of subsection (a).
``(e) Savings Provision.--Nothing in this section shall be
construed to prohibit the aggregation of electric load by local
government units in a different manner under other authority of law.''.
SEC. 6. FRANCHISES.
Any State that has deregulated retail sales of electricity shall
permit local governments to exercise local franchise powers. A local
government that has granted a franchise to a utility at a prior time
may offer such franchise for competitive bidding and contract award,
provided such measures are authorized by consumers in a public process.
SEC. 7. EXCLUSIONS.
(a) Utilities Not Participating.--For municipal electric utilities
and rural electric cooperatives that are not participating in retail
electric competition, sections 4, 5, and 6 of this Act shall not apply.
(b) Aggregation.--For States that have adopted retail competition
by law or regulation prior to the date of enactment of this Act,
sections 4, 5, and 6 of this Act shall not apply to the provisions of a
State law or regulation, and any subsequent regulation implementing
such State law or regulation as such law or regulation may pertain to
an opt-out aggregation plan as it may be undertaken by any general
purpose local government unit for any political subdivision of the
State including a municipal corporation, county government or township.
SEC. 8. SEPARABILITY.
If any provision of this Act (or the application of that provision
to particular persons or circumstances) is held invalid, the remainder
of this Act (or the application of that provision to other persons or
circumstances) shall not be affected. | Amends the Public Utility Regulatory Policies Act of 1978 to declare that any State that permits a retail electric consumers group to choose among competing electric energy suppliers shall also permit any general purpose local government unit (or group of such units acting together) to offer to act as purchasing agent for consumers' group purchasers in order to purchase electric energy on an aggregate basis (community choice aggregation). Prescribes implementation guidelines.
Requires any State that has deregulated retail sales of electricity to permit local governments to exercise local franchise powers.
Excludes from the purview of this Act: (1) non-participating municipal electric utilities and non-participating rural electric cooperatives; and (2) States that have adopted retail competition prior to the date of enactment of this Act. Allows subsequent regulations implementing any State law adopting retail competition to pertain to an opt-out aggregation plan as it may be undertaken by a general purpose local government unit. | {"src": "billsum_train", "title": "Community Choice for Electricity Act of 1999"} | 2,182 | 206 | 0.574821 | 1.568302 | 0.877955 | 4.275281 | 11.97191 | 0.91573 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Common Sense
Savings Act of 2016''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Treatment of lottery winnings and other lump-sum income for
purposes of income eligibility under
Medicaid.
Sec. 3. Eliminating PPACA enhanced Medicaid FMAP for prisoners.
Sec. 4. Extending previous Medicaid threshold applied for determining
acceptable provider taxes.
Sec. 5. Sunsetting PPACA increase in enhanced FMAP under CHIP.
Sec. 6. Repeal of the Prevention and Public Health Fund.
SEC. 2. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR
PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
and inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)--
(A) in paragraph (14) (relating to modified
adjusted gross income), by adding at the end the
following new subparagraph:
``(J) Treatment of certain lottery winnings and
income received as a lump sum.--
``(i) In general.--In the case of an
individual who is the recipient of qualified
lottery winnings (pursuant to lotteries
occurring on or after January 1, 2018) or
qualified lump sum income (received on or after
such date) and whose eligibility for medical
assistance is determined based on the
application of modified adjusted gross income
under subparagraph (A), a State shall, in
determining such eligibility, include such
winnings or income (as applicable) as income
received--
``(I) in the month in which such
winnings or income (as applicable) is
received if the amount of such winnings
or income is less than $60,000;
``(II) over a period of 2 months if
the amount of such winnings or income
(as applicable) is greater than or
equal to $60,000 but less than $70,000;
``(III) over a period of 3 months
if the amount of such winnings or
income (as applicable) is greater than
or equal to $70,000 but less than
$80,000; and
``(IV) over a period of 3 months
plus 1 additional month for each
increment of $10,000 of such winnings
or income (as applicable) received, not
to exceed a period of 120 months (for
winnings or income of $1,240,000 or
more), if the amount of such winnings
or income is greater than or equal to
$80,000.
``(ii) Counting in equal installments.--For
purposes of subclauses (II), (III), and (IV) of
clause (i), winnings or income to which such
subclause applies shall be counted in equal
monthly installments over the period of months
specified under such subclause.
``(iii) Qualified lottery winnings
defined.--In this subparagraph, the term
`qualified lottery winnings' means winnings
from a sweepstakes, lottery, or pool described
in paragraph (3) of section 4402 of the
Internal Revenue Code of 1986 or a lottery
operated by a multistate or multijurisdictional
lottery association, including amounts awarded
as a lump sum payment.
``(iv) Qualified lump sum income defined.--
In this subparagraph, the term `qualified lump
sum income' means income that is received as a
lump sum from one of the following sources:
``(I) Monetary winnings from
gambling (as defined by the Secretary
and including gambling activities
described in section 1955(b)(4) of
title 18, United States Code).
``(II) Damages received, whether by
suit or agreement and whether as lump
sums or as periodic payments (other
than monthly payments), on account of
causes of action other than causes of
action arising from personal physical
injuries or physical sickness.
``(III) Income received as liquid
assets from the estate (as defined in
section 1917(b)(4)) of a deceased
individual.''; and
(B) by striking ``(14) Exclusion'' and inserting
``(15) Exclusion''.
(b) Rule of Construction.--Nothing in the amendment made by
subsection (a)(2)(A) shall be construed as preventing a State from
intercepting the State lottery winnings awarded to an individual in the
State to recover amounts paid by the State under the State Medicaid
plan under title XIX of the Social Security Act for medical assistance
furnished to the individual.
SEC. 3. ELIMINATING PPACA ENHANCED MEDICAID FMAP FOR PRISONERS.
Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended--
(1) in subsection (y)(2)(A), by adding at the end the
following: ``For items and services furnished on or after
January 1, 2017, such term does not include an individual
during the period in which the individual is an inmate in a
public institution and is a patient in a medical
institution.''; and
(2) in subsection (z)(2)(A), by adding at the end the
following: ``For calendar quarters beginning on or after
January 1, 2017, the preceding sentence shall not apply with
respect to medical assistance for individuals who are inmates
in a public institution and patients in a medical
institution.''.
SEC. 4. EXTENDING PREVIOUS MEDICAID THRESHOLD APPLIED FOR DETERMINING
ACCEPTABLE PROVIDER TAXES.
Section 1903(w)(4)(C)(ii) of the Social Security Act (42 U.S.C.
1396b(w)(4)(C)(ii)) is amended by inserting after ``October 1, 2011,''
the following: ``and for portions of fiscal years occurring on or after
January 1, 2017''.
SEC. 5. SUNSETTING PPACA INCREASE IN ENHANCED FMAP UNDER CHIP.
(a) In General.--The second sentence of section 2105(b) of the
Social Security Act (42 U.S.C. 1397ee(b)) is amended by striking
``September 30, 2019'' and inserting ``March 31, 2016''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items and services furnished after March 31,
2016, without regard to whether this Act is enacted after such date.
SEC. 6. REPEAL OF THE PREVENTION AND PUBLIC HEALTH FUND.
(a) In General.--Section 4002 of the Patient Protection and
Affordable Care Act (42 U.S.C. 300u-11) is repealed.
(b) Rescission of Unobligated Funds.--Of the funds made available
by such section 4002, the unobligated balance is rescinded. | Common Sense Savings Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act (SSAct) to specify how a state must treat qualified lottery winnings and lump sum income for purposes of determining an individual's income-based eligibility for a state Medicaid program. Specifically, a state shall include such winnings or income as income received: (1) in the month in which it was received, if the amount is less than $60,000; (2) over a period of two months, if the amount is at least $60,000 but less than $70,000; (3) over a period of three months, if the amount is at least $70,000 but less than $80,000; and (4) over an additional one-month period for each increment of $10,000 received, not to exceed 120 months. Qualified lump sum income includes: (1) monetary winnings from gambling; (2) damages received in lump sums or periodic payments, excluding monthly payments, on account of causes of action other than those arising from personal physical injuries or sickness; and (3) income received as liquid assets from the estate of a deceased individual. In addition, the bill eliminates the enhanced Federal Medical Assistance Percentage (FMAP) with respect to the coverage of individuals who are inmates in public institutions. Under current law, the enhanced FMAP applies to coverage of individuals who are newly eligible for Medicaid under the Patient Protection and Affordable Care Act (PPACA). The bill also amends title XXI (Children's Health Insurance Program [CHIP]) of the SSAct to terminate increases to the enhanced FMAP as established by the PPACA with respect to CHIP. Under current law, federal Medicaid reimbursement to states is reduced in proportion to any impermissible state taxes collected from health care providers. The bill lowers a percentage threshold used to determine whether such taxes are impermissible. The bill terminates the Prevention and Public Health Fund. | {"src": "billsum_train", "title": "Common Sense Savings Act of 2016"} | 1,639 | 482 | 0.60136 | 2.132948 | 0.780641 | 2.372549 | 3.87395 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Injured Servicemembers
Act of 2007''.
SEC. 2. SERVICEMEMBER FAMILY LEAVE.
(a) Definitions.--Section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:
``(14) Combat-related injury.--The term `combat-related
injury' means an injury or illness that was incurred (as
determined under criteria prescribed by the Secretary of
Defense)--
``(A) as a direct result of armed conflict;
``(B) while an individual was engaged in hazardous
service;
``(C) in the performance of duty under conditions
simulating war; or
``(D) through an instrumentality of war.
``(15) Servicemember.--The term `servicemember' means a
member of the Armed Forces.''.
(b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C.
2612(a)) is amended by adding at the end the following:
``(3) Servicemember family leave.--Subject to section 103,
an eligible employee who is the primary caregiver for a
servicemember with a combat-related injury shall be entitled to
a total of 26 workweeks of leave during any 12-month period to
care for the servicemember.
``(4) Combined leave total.--An eligible employee shall be
entitled to a combined total of 26 workweeks of leave under
paragraphs (1) and (3).''.
(c) Requirements Relating to Leave.--
(1) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(A) in paragraph (1), by inserting after the second
sentence the following: ``Subject to paragraph (2),
leave under subsection (a)(3) may be taken
intermittently or on a reduced leave schedule''; and
(B) in paragraph (2), by inserting ``or subsection
(a)(3)'' after ``subsection (a)(1)''.
(2) Substitution of paid leave.--Section 102(d) of such Act
(29 U.S.C. 2612(d)) is amended--
(A) in paragraph (1)--
(i) by inserting ``(or 26 workweeks in the
case of leave provided under subsection
(a)(3))'' after ``12 workweeks'' the first
place it appears; and
(ii) by inserting ``(or 26 workweeks, as
appropriate)'' after ``12 workweeks'' the
second place it appears; and
(B) in paragraph (2)(B), by adding at the end the
following: ``An eligible employee may elect, or an
employer may require the employee, to substitute any of
the accrued paid vacation leave, personal leave, family
leave, or medical or sick leave of the employee for
leave provided under subsection (a)(3) for any part of
the 26-week period of such leave under such
subsection.''.
(3) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e))
is amended by adding at the end the following:
``(3) Notice for servicemember family leave.--In any case
in which an employee seeks leave under subsection (a)(3), the
employee shall provide such notice as is practicable.''.
(4) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Servicemember Family Leave.--An employer
may require that a request for leave under section 102(a)(3) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.
(5) Failure to return.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(A) in paragraph (2)(B)(i), by inserting ``or
section 102(a)(3)'' before the semicolon; and
(B) in paragraph (3)(A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (ii), by striking the period
and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) a certification issued by the
health care provider of the person for whom the
employee is the primary caregiver, in the case
of an employee unable to return to work because
of a condition specified in section
102(a)(3).''.
(6) Enforcement.--Section 107 of such Act (29 U.S.C. 2617)
is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or
26 weeks, in a case involving leave under section 102(a)(3))''
after ``12 weeks''.
(7) Instructional employees.--Section 108 of such Act (29
U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and
(d)(3), by inserting ``or section 102(a)(3)'' after ``section
102(a)(1)''.
SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) the term `combat-related injury' means an injury or
illness that was incurred (as determined under criteria
prescribed by the Secretary of Defense)--
``(A) as a direct result of armed conflict;
``(B) while an individual was engaged in hazardous
service;
``(C) in the performance of duty under conditions
simulating war; or
``(D) through an instrumentality of war; and
``(8) the term `servicemember' means a member of the Armed
Forces.''.
(b) Entitlement to Leave.--Section 6382(a) of such title is amended
by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
primary caregiver for a servicemember with a combat-related
injury shall be entitled to a total of 26 administrative
workweeks of leave during any 12-month period to care for the
servicemember.
``(4) An employee shall be entitled to a combined total of
26 administrative workweeks of leave under paragraphs (1) and
(3).''.
(c) Requirements Relating to Leave.--
(1) Schedule.--Section 6382(b) of such title is amended--
(A) in paragraph (1), by inserting after the second
sentence the following: ``Subject to paragraph (2),
leave under subsection (a)(3) may be taken
intermittently or on a reduced leave schedule.''; and
(B) in paragraph (2), by inserting ``or subsection
(a)(3)'' after ``subsection (a)(1)''.
(2) Substitution of paid leave.--Section 6382(d) of such
title is amended by adding at the end the following: ``An
employee may elect to substitute for leave under subsection
(a)(3) any of the employee's accrued or accumulated annual or
sick leave under subchapter I for any part of the 26-week
period of leave under such subsection.''.
(3) Notice.--Section 6382(e) of such title is amended by
adding at the end the following:
``(3) In any case in which an employee seeks leave under subsection
(a)(3), the employee shall provide such notice as is practicable.''.
(4) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for leave
under section 6382(a)(3) be supported by a certification issued at such
time and in such manner as the Office of Personnel Management may by
regulation prescribe.''. | Support for Injured Servicemembers Act of 2007 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to a combined total of 26 workweeks of leave, during any 12-month period, to care for a member of the U.S. Armed Forces with a combat-related injury (servicemember), if such employee is the servicemember's primary caregiver.
Provides for the substitution of accrued paid vacation, personal, or family leave for any part of the 26-week period.
Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period. | {"src": "billsum_train", "title": "A bill to amend the Family and Medical Leave Act of 1993 to provide family and medical leave to primary caregivers of servicemembers with combat -related injuries."} | 1,937 | 162 | 0.645144 | 1.656442 | 0.745788 | 3.545455 | 12.409091 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Disbursement of Offshore Oil
Revenue Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the demand for energy in the United States is
increasing and will continue to increase for the foreseeable
future;
(2) domestic production of oil and gas is declining;
(3) the United States continues to be overly dependent on
foreign sources of oil and gas;
(4) the Outer Continental Shelf contains significant
quantities of oil and gas that should be developed to meet
United States energy needs while safeguarding important
environmental values;
(5) the exploration, development, and production of Outer
Continental Shelf resources, and the siting of related energy
facilities, may impact various State and local governments; and
(6) coastal States and counties should be provided with a
share of the revenues derived from Outer Continental Shelf oil
and gas leasing, exploration, development, and production
activities.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``coastal State'' means any State of the
United States bordering on the Atlantic Ocean, the Pacific
Ocean, the Arctic Ocean, or the Gulf of Mexico;
(2) the term ``coastal county'' means a unit of general
government immediately below the level of State government, as
determined by the Secretary under section 6, with jurisdiction
over lands along the coast line;
(3) the term ``coast line'' has the meaning given such term
under the Submerged Lands Act (43 U.S.C. 1301 et seq.);
(4) the term ``Outer Continental Shelf'' has the meaning
given the term ``outer Continental Shelf'' under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.);
(5) the term ``Secretary'' means the Secretary of the
Interior; and
(6) the term ``revenues'' means all bonuses, rents,
royalties, and other moneys collected under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), and
interest thereon.
SEC. 4. COASTAL COMMUNITIES OUTER CONTINENTAL SHELF RECEIPT FUND.
(a) Establishment.--There is established an interest bearing
account in the Treasury of the United States to be known as the Coastal
Communities Outer Continental Shelf Receipt Fund (hereafter in this Act
referred to as ``the Fund'').
(b) Payments to Fund.--Beginning in fiscal year 2002, the Secretary
shall pay into the Fund all revenues described in subsection (c) that
are attributable to an Outer Continental Shelf lease, any part of which
is within 200 geographical miles of the coast line. The Secretary may
adjust amounts in the Fund at any time to account for overpayments,
underpayments, and errors.
(c) New Revenues.--Subsection (b) shall apply only to--
(1) bonus revenues under a lease if no bonus revenues have
been received by the Secretary under that lease before January
1, 2001;
(2) rent revenues under a lease if no rent revenues have
been received by the Secretary under that lease before January
1, 2001;
(3) royalty revenues under a lease if no royalty revenues
have been received by the Secretary under that lease before
January 1, 2001; and
(4) other revenues under a lease if the lease was issued on
or after January 1, 2001.
SEC. 5. DISPOSITION OF FUND.
(a) State Share.--(1) Six months after the end of fiscal year 2002,
and annually thereafter, the Secretary shall pay from the Fund to each
coastal State one-half of such revenues paid into the Fund with respect
to the fiscal year most recently completed, and any interest earned
thereon, as may be attributable to that State.
(2) In order to determine to which State revenues are attributable
for purposes of this Act, the Secretary shall delimit the lateral
boundaries between the coastal States to a point 200 geographic miles
seaward of the coast line. Such boundaries shall be set according to
the following principles, listed in order of the priority of their
application:
(A) Any judicial decrees or interstate compacts delimiting
lateral offshore boundaries between coastal States.
(B) Principles of domestic and international law governing
the delimitation of lateral offshore boundaries.
(C) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(3) Each coastal State, before receiving funds under this
subsection, shall annually enact the necessary legislation to provide
any State permits required for onshore facilities needed to support
offshore oil or gas development or production in the area adjacent to
that coastal State. If a State fails to enact such legislation, the
funds attributable to that State shall not be disbursed, and the
Secretary shall take into consideration that failure before offering
any additional leases for sale in the offshore area adjacent to that
State.
(b) Coastal County Share.--(1) At the same time that the Secretary
pays revenues to coastal States under subsection (a), the Secretary
shall pay to coastal counties within that State the remaining one-half
of the revenues, and any interest earned on those revenues, in the Fund
for that fiscal year attributable to that State.
(2) In order to determine to which coastal county revenues are
attributable for purposes of this Act, the Secretary shall delimit the
lateral boundaries between the coastal counties to a point 200
geographic miles seaward of the coast line. Such boundaries shall be
set according to the following principles, listed in order of the
priority of their application:
(A) Existing boundaries between coastal counties with valid
supporting legal authority.
(B) The desirability of following existing lease boundaries
and block lines on the Secretary's official protraction
diagrams.
(C) The principle that, to the extent consistent with
subparagraphs (A) and (B), the size of the coastal county's
adjacent offshore area, as a percentage of all of that State's
adjacent offshore areas, shall be based on a formula giving
equal weight to--
(i) the coastal county's coast line as a percentage
of the State's coast line, calculated using the same
large-scale charts of the National Ocean Service that
are used to delimit the territorial sea under
international law; and
(ii) the coastal county's population as a
percentage of the population of all coastal counties in
the State, calculated by the Secretary using the best
available national census data.
(3) Each coastal county, before receiving funds under this
subsection, shall annually enact by county statute or ordinance the
necessary legislation to provide the local permits required for onshore
facilities needed to support offshore oil or gas development or
production in the area adjacent to that coastal county, and the
necessary legislation to expend such funds. If a county fails to enact
such legislation, the funds attributable to that county shall not be
disbursed, and the Secretary shall take into consideration that failure
before offering any additional leases for sale in the offshore area
adjacent to that county.
(c) Use of Funds by States.--Each coastal State shall use funds
received pursuant to subsection (a)--
(1) to pay for the administrative costs the State incurs in
the leasing and permitting process as specified in the Outer
Continental Shelf Lands Act;
(2) for such environmental and natural resource projects as
the State determines; or
(3) for such educational projects as the State determines.
(d) County Distribution of Funds.--Each coastal county shall
develop a formula to allocate at least two-thirds of the funds received
pursuant to subsection (b) to local communities within its jurisdiction
based on the proximity of these communities to the coast, except that
funds shall be withheld from communities that the Secretary determines
have failed to issue permits required for onshore facilities needed to
support offshore oil or gas development or production in the area
adjacent to that coastal county.
SEC. 6. DESIGNATION OF COASTAL COUNTIES.
For the purposes of this Act, the Secretary, after consultation
with the Governor of each coastal State, shall determine which
counties, parishes, boroughs, tribal governments, or other units of
general government immediately below the level of State government
shall be designated as coastal counties.
SEC. 7. LIMITATIONS ON APPLICABILITY OF BOUNDARIES.
The boundaries and areas delimited under section 5 are solely for
the purposes of this Act. | Fair Disbursement of Offshore Oil Revenue Act of 2001 - Establishes in the Treasury the Coastal Communities Outer Continental Shelf Receipt Fund.Instructs the Secretary of the Interior to: (1) pay into the Fund certain revenues attributable to an Outer Continental Shelf lease, any part of which is within 200 geographical miles of the coast line; and (2) pay annually from the Fund to each coastal State one-half, and its coastal counties the other half, of such revenues as may be attributable to that State.Conditions receipt of such funds upon annual enactment by the affected coastal State and related coastal county of the legislation necessary to provide any permits required for onshore facilities needed to support offshore oil or gas development or production in the pertinent area.Prohibits disbursement of funds to a coastal State or county that fails to enact such legislation. Requires the Secretary to take such failure into consideration before offering additional leases for sale in the offshore area adjacent to such jurisdiction.Requires each State to use such funds for leasing and permitting administrative costs, and for environmental, natural resource, and educational projects. | {"src": "billsum_train", "title": "To provide for the distribution to coastal States and counties of revenues collected under the Outer Continental Shelf Lands Act."} | 1,826 | 247 | 0.607293 | 1.725342 | 0.864859 | 4.355769 | 8.370192 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Product Communications Act
of 2017''.
SEC. 2. COMMUNICATIONS REGARDING INTENDED USES OF DRUGS AND DEVICES;
SCIENTIFIC EXCHANGE.
The Federal Food, Drug, and Cosmetic Act is amended by inserting
after section 201 of such Act (21 U.S.C. 321) the following:
``SEC. 201A. INTENDED USES OF DRUGS AND DEVICES.
``(a) Intended Use.--For purposes of this Act, including sections
301(d), 502(f)(1), 505, 510, and 515 and for purposes of section 351 of
the Public Health Service Act, the intended use of a drug, biological
product, or device--
``(1) shall be determined by reference to the objective
intent of the manufacturer and sponsor of such drug, biological
product, or device, or persons acting on the manufacturer's or
sponsor's behalf, as demonstrated by statements contained in
labeling, advertising, or analogous oral statements; and
``(2) shall not be determined by reference to--
``(A) actual or constructive knowledge of the
manufacturer or sponsor that such drug, biological
product, or device will be used in a manner that varies
from the use approved for marketing under section 505,
510, or 515 of this Act or section 351 of the Public
Health Service Act; or
``(B) scientific exchange as described in
subsection (b).
``(b) Scientific Exchange.--
``(1) In general.--For purposes of this Act, including
sections 301(d), 502(f)(1), 505, 510(k), and 515 and for
purposes of section 351 of the Public Health Service Act, the
scientific exchange of information about a drug, biological
product, or device, as described in paragraph (2), shall not
constitute labeling, advertising, or evidence of a new intended
use.
``(2) Requirements for scientific exchange.--A
communication by a manufacturer or sponsor, or a person acting
on behalf of a manufacturer or sponsor, about the
manufacturer's or sponsor's drug, biological product, or
device, or use of such drug, biological product, or device,
that has not been approved for marketing under section 505,
510, or 515 of this Act or section 351 of the Public Health
Service Act, about a device or use of such device that has not
been approved or cleared for marketing under section 510 or 515
of this Act, or about information that is not included in the
drug, biological product, or device labeling, constitutes
scientific exchange when--
``(A) the communication is supported by
scientifically appropriate and statistically sound
data, studies, or analyses;
``(B) the communication includes a conspicuous and
prominent statement that the drug, biological product,
or device, or use of such drug, biological product, or
device, that is the subject of the communication, has
not been approved for marketing under section 505, 510,
or 515 of this Act or section 351 of the Public Health
Service Act, or that such communication includes
information that is not contained in the drug,
biological product, or device labeling, as applicable;
and
``(C) for communications relating to a drug,
biological product, or device that has not been
approved for marketing under section 505, 510, or 515
of this Act or section 351 of the Public Health Service
Act, or relating to a use of a drug, biological
product, or device that has not been so approved, the
manufacturer and sponsor make no claims that such
product or use has been demonstrated to be safe or
effective.
``(3) Scientific exchange described.--The scientific
exchange of information under paragraph (2) may include--
``(A) dissemination of scientific findings in
scientific or lay media;
``(B) publication of results of scientific studies;
``(C) letters to the editor in defense of public
challenges;
``(D) communications at scientific or medical
conferences or meetings;
``(E) dissemination of medical or scientific
publications, reference texts, or clinical practice
guidelines;
``(F) communication, both proactive and reactive,
of information regarding a manufacturer's research and
development efforts;
``(G) communication, both proactive and reactive,
of scientific, medical, or technical information or
findings, including communication of such information
by personnel in scientific, medical, or clinical
development departments of manufacturers; and
``(H) communication, both proactive and reactive,
of health care economic and health outcomes
information, including communication of such
information delivered by or on behalf of the health
care economic or health outcomes departments of
manufacturers to an individual, group of individuals,
or entity responsible for contributing toward,
advising, or facilitating decisionmaking related to
health care resource or utilization management,
including decisions about the selection of drugs,
biological products, or devices for a population of
patients.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to authorize the Secretary to require that a
manufacturer or sponsor submit an application,
certification, or other such submission, or to seek the
Secretary's review or approval, before, during, or
subsequent to engaging in scientific exchange; or
``(B) to limit the ability of manufacturers or
sponsors to engage in communications or activities that
properly constitute scientific exchange as that term is
described in paragraph (2) but that are not specified
in paragraph (3).''. | Medical Product Communications Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to state that the intended use of a drug, biological product, or device shall be determined by the objective intent of the manufacturer and sponsor of such drug, biological product, or device, as demonstrated by statements contained in labeling, advertising, or analogous oral statements. The intended use of these medical products shall not be determined by actual or constructive knowledge of the manufacturer or sponsor that these products will be used in a manner that varies from the use approved for marketing. Additionally, the scientific exchange of information about these products shall not constitute labeling, advertising, or evidence of a new intended use.The bill sets forth the requirements for a scientific exchange. | {"src": "billsum_train", "title": "Medical Product Communications Act of 2017"} | 1,196 | 155 | 0.621464 | 1.667581 | 0.763516 | 5.593103 | 8.034483 | 0.931034 |
SECTION 1. FEASIBILITY STUDY.
(a) Authorized.--Pursuant to Federal reclamation law (the Act of
June 7, 1902, and all Acts amendatory thereof or supplementary
thereto), the Secretary of the Interior is authorized to conduct a
feasibility study to determine the most feasible method of meeting the
present and future water supply and related storage requirements within
the area served by the Fryingpan-Arkansas Project, including the
potential enlargement of Fryingpan-Arkansas facilities. In conducting
such study, the Secretary shall take into consideration the Preferred
Storage Options Plan Report published September 21, 2000, by the
Southeastern Colorado Water and Storage Needs Assessment Enterprise and
Final PSOP Implementation Committee Report dated April 19, 2001
(hereinafter referred to as the ``PSOP Reports''), the
intergovernmental agreement dated May 27, 2004 among the City of
Pueblo, the City of Aurora, the Southeastern Colorado Water Conservancy
District, the City of Fountain, the City of Colorado Springs, the Board
of Water Works of Pueblo, Colorado (hereinafter referred to as the
``Regional IGA''), and the need to ensure compliance with the Arkansas
River Compact as executed by the states of Colorado and Kansas on
December 14, 1948 (hereinafter referred to as the ``Arkansas River
Compact'').
(b) Funding.--Before funds are expended for the study authorized by
this section, the Southeastern Colorado Water Activity Enterprise shall
first agree to participate in the feasibility study and to fund, at a
minimum, 50 percent of the costs of such study. The Southeastern
Colorado Water Activity Enterprise's share of the costs may be provided
partly or wholly in the form of services directly related to the
conduct of the study, as determined by the Secretary. Costs incurred
prior to the enactment of this Act to develop the PSOP Reports may be
credited toward such Enterprise's share of the costs of the feasibility
study, as determined by the Secretary.
(c) Study to Be Submitted.--The Secretary shall submit the
feasibility study authorized by this section to the President and the
President Pro Tempore of the Senate and the Speaker of the House of
Representatives.
(d) Further Authorization Required for Certain Expenditures.--No
funds shall be expended for the construction of enlargements, or any
other alternative identified in the feasibility study authorized by
this section for which authority does not currently exist, without
further authorization by Congress.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 to conduct the feasibility study authorized by
this section.
SEC. 2. SECRETARY AUTHORIZED TO ENTER INTO CONTRACTS FOR THE USE OF
EXCESS STORAGE AND CONVEYANCE CAPACITY OF THE FRYINGPAN-
ARKANSAS PROJECT, COLORADO.
The Act of August 16, 1962, as amended, (76 Stat. 389 et seq., as
amended), is amended further by adding at the end the following new
sections:
``Sec. 8. (a)(1) Except as provided in Section 9, and subject to
the provisions of this Act and all other applicable Federal statutes,
the Secretary is authorized to enter into contracts with any entity,
private or public, (hereinafter referred to as `entity'), for the use
of excess capacity in the Fryingpan-Arkansas Project for the purpose of
diverting, storing, impounding, pumping, exchanging, or conveying
nonproject water for irrigation, domestic, municipal and industrial, or
any other beneficial purpose.
``(2) In entering into such contracts, the Secretary shall take
into consideration the PSOP Reports, the Regional IGA and the need to
ensure compliance with the Arkansas River Compact.
``(b) The Secretary is authorized to enter into contracts pursuant
to this section provided that--
``(1) to the extent such contracts are with an entity that
does not have an allocation of Project carry over storage space
pursuant to the allocation principles adopted by the
Southeastern Colorado Water Conservancy District on November
29, 1979, and confirmed by the District Court of Pueblo County
in Civil Action No. 40487 by decree dated December 18, 1979,
including any subsequent modifications made by the District
that are confirmed by the District Court; the contracts shall
not impair or otherwise interfere with the ability of an entity
that does have an allocation of Project carry over storage
space to enter into contracts for the use of excess water
storage and conveyance capacity pursuant to this section 8; and
``(2) except as provided in section 9, before entering into
such a contract with an entity that will use water stored or
conveyed under such contract outside of the natural basin of
the Arkansas River within Colorado, the Secretary shall provide
the Southeastern Colorado Water Conservancy District a first
right of refusal, exercisable within 90 days, to enter into
contracts for the use of excess water storage and conveyance
capacity made available to the individual or entity that will
use water stored or conveyed under such contract outside of the
natural basin of the Arkansas River within Colorado; Provided,
in no event shall the Southeastern Colorado Water Conservancy
District enter into a sub-contract with an entity that will use
water stored or conveyed under such contract outside of the
natural basin of the Arkansas River.
``(c) Subject to the provisions of subsection (b), the Secretary
may enter into contracts authorized by this section upon such terms and
conditions as the Secretary may determine to be just and equitable. The
term of any such contract shall be for such period, not to exceed 40
years, as the Secretary deems appropriate. Upon expiration, such
contracts may be renewed upon such terms and conditions as may be
mutually agreeable to the Secretary and the contractor for the use of
excess capacity.
``(d) All charges established pursuant to this section shall be
just and equitable as to the rates paid by the those entities that
receive project water from the Fryingpan-Arkansas Project facilities.
``(e) Prior to the execution of any contracts under this section,
the Secretary shall execute an agreement with the Southeastern Colorado
Water Activity Enterprise to provide guidelines for the terms to be
contained in the contracts executed pursuant to this section. Such
guidelines shall appropriately address impacts associated with water
operations under the contracts, surcharges established by the
Enterprise, reimbursement of costs incurred, and water quality
monitoring, as identified by the Southeastern Colorado Water Activity
Enterprise and the Secretary.
``Sec. 9. (a) The Secretary of the Interior may enter into new and
renewal contracts with the City of Aurora, Colorado, or an enterprise
of the City, for a term not to exceed the term referenced in Section
8(c), for the use of excess capacity in the Fryingpan-Arkansas Project
for the purpose of diverting, storing, impounding, pumping, exchanging,
or conveying nonproject water for irrigation, domestic, municipal and
industrial, or any other beneficial purpose. Such contracts shall be--
``(1) limited to waters appropriated from the Arkansas
River held by the City of Aurora, Colorado, or an enterprise of
the City that--
``(A) are decreed water rights and owned by the
City of Aurora, Colorado, or an enterprise of the City
as of December 7, 2001;
``(B) are water rights described in a Colorado
Water Court water rights application pending as of
December 7, 2001, or an amendment or re-filing thereof,
as long as such amendment or re-filing does not
increase the draft of water from the Arkansas Basin
that would have been available to City of Aurora,
Colorado, or an enterprise of the City under the
original application;
``(C) result from water lease agreements existing
as of December 7, 2001, including any renewal or
replacement contract for no more than the existing
amount of water;
``(D) result from interruptible supply agreements
or water bank transactions authorized under Colorado
law, and operating no more than five calendar years
during any period of ten consecutive calendar years; or
``(E) is traded to, or exchanged with, the City of
Aurora, Colorado, or an enterprise of the City for one
of the foregoing items (A) through (C) as long as such
trade or exchange does not increase the draft of water
from the Arkansas River Basin that would have been
available to the City of Aurora, Colorado, or an
enterprise of the City under subparagraphs (A) through
(C);
``(2) are for water obtained by the City of Aurora,
Colorado, or an enterprise of the City from the Colorado River
consistent with section 12; or
``(3) take into consideration the need to ensure compliance
with the Arkansas River Compact as executed by the states of
Colorado and Kansas on December 14, 1948.
``(b) Prior to the execution of any renewal contract with the City
of Aurora, the Secretary of the Interior shall execute an Agreement
with the Southeastern Colorado Water Activity Enterprise, which
agreement shall provide guidelines for the terms to be contained in a
renewal contract executed pursuant to this section. Such guidelines
shall appropriately address those impacts associated with water
operations under the contracts, such as storage and convenience
charges, surcharges established by the Enterprise, reimbursement of
costs incurred, and water quality monitoring, as identified by the
Southeastern Colorado Enterprise and the Secretary.
``(c) Any contract executed under the authority of subsection (a)
or (b) shall be in compliance with the provisions of section 8(b)(1).
``(d) The Secretary shall establish such charges under this section
9 in a manner consistent with the provisions of section 8(d).
``Sec. 10. (a) Nonproject water diverted, stored, impounded,
pumped, exchanged, or conveyed under a contract entered into pursuant
to section 8 or 9 shall be exempt from any acreage limitation
provisions of the Act of June 17, 1902 (32 Stat. 388), and Acts
amendatory thereof and supplementary thereto including, but not limited
to, the Warren Act of 1911, the Reclamation Reform Act of 1982 (96
Stat. 1263; 43 U.S.C. 390aa-zz-1) and from any farm unit size
limitations established pursuant to section 4(c)(5) of the Act of
August 11, 1939 (Chapter 717; 16 U.S.C. 59-2(c)(5)).
``(b) Notwithstanding subsection (a), if such nonproject water is
commingled with project water in Reclamation project facilities, and
the resulting commingled supply is used to irrigate lands in a project
contractor's service area, then such commingled water shall bear the
same acreage limitations or farm unit size limitations as the project
water unless--
``(1) contract provisions are in effect which provide that
project or nonproject water, or both, will be accounted for on
a quantitative basis, that project water will not be delivered
to ineligible land, and that appropriate charges, as determined
by the Secretary, will be paid for the project water; and
``(2) the charges for the use of the excess capacity
include an appropriate interest component, as determined by the
Secretary.
``Sec. 11. (a) Excess water storage capacity of the Fryingpan-
Arkansas Project to divert, store, impound, pump, exchange, or convey
nonproject water made available under contracts executed pursuant to
the provisions of sections 8 and 9 shall not be utilized so as to
increase diversion of nonproject water from the natural basin of the
Colorado River within Colorado into another river basin for delivery or
storage unless--
``(1) the diversion is the subject of a decree entered
prior to the effective date of this section for which no new
infrastructure or legal approvals are necessary to divert the
water out of the natural basin;
``(2) the diversion is the subject of an agreement in
existence on the date of the enactment of this section,
contemplating additional diversions diverted through or stored
in the facilities authorized by this Act, between the
beneficiary of such transbasin diversion and the water
conservation district, as defined under Colorado law, from
within whose boundaries the waters are proposed for diversion;
``(3) the diversion is the subject of an intergovernmental
agreement or other contractual arrangement executed after the
date of the enactment of this section, between the beneficiary
of such transbasin diversion and the water conservation
district, as defined under Colorado law, from within whose
boundaries the waters are proposed for diversion; or
``(4) the beneficiary of such transbasin diversion provides
compensatory storage or alternate water supply in an amount
equal to the quantity diverted out of the basin for the benefit
of the water conservation district, as defined under Colorado
law, from within whose boundaries the waters are proposed for
diversion.
``(b) Prior to executing any agreement, or arrangement or agreement
for provision of compensatory storage or alternative water supply, that
allows for increased diversions of nonproject water as described in
subsection (a), the parties to such agreements or arrangements shall
submit the agreement or arrangement to the Secretary, who, within 30
days, shall submit such agreement or arrangement to the President Pro
Tempore of the Senate and the Speaker of the House of Representatives
for a period of not less than 60 days.
``(c) This section shall not be considered as precedent for any
other Congressionally authorized project.''. | Authorizes the Secretary of the Interior to: (1) conduct a feasibility study to determine the most feasible method of meeting the present and future water supply and related storage requirements within the area served by the Fryingpan-Arkansas Project, Colorado, including the potential enlargement of Fryingpan-Arkansas facilities; and (2) enter into contracts with any entity, private or public for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose; and (3) enter into new and renewal contracts with the City of Aurora, Colorado, or an enterprise of the City, for a specified term, for the use of excess capacity in such Project for the purpose of diverting, storing, impounding, pumping, exchanging, or conveying nonproject water for irrigation, domestic, municipal and industrial, or any other beneficial purpose. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to enter into contracts for the use of excess storage and conveyance capacity of the Fryingpan-Arkansas Project, Colorado, and for other purposes."} | 2,901 | 215 | 0.548707 | 1.700454 | 0.822375 | 8.184783 | 14.907609 | 0.98913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naturalization and Family Protection
for Military Members Act of 2003''.
SEC. 2. REQUIREMENTS FOR NATURALIZATION THROUGH SERVICE IN THE ARMED
FORCES OF THE UNITED STATES.
(a) Reduction of Period for Required Service.--Section 328(a) of
the Immigration and Nationality Act (8 U.S.C. 1439(a)) is amended by
striking ``three years'' and inserting ``2 years''.
(b) Prohibition on Imposition of Fees Relating to Naturalization.--
Title III of the Immigration and Nationality Act (8 U.S.C. 1401 et
seq.) is amended--
(1) in section 328(b)--
(A) in paragraph (3)--
(i) by striking ``honorable. The'' and
inserting ``honorable (the''; and
(ii) by striking ``discharge.'' and
inserting ``discharge); and''; and
(B) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a
certificate of naturalization upon citizenship being granted to
the applicant, and no clerk of any State court shall charge or
collect any fee for such services unless the laws of the State
require such charge to be made, in which case nothing more than
the portion of the fee required to be paid to the State shall
be charged or collected.''; and
(2) in section 329(b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) notwithstanding any other provision of law, no fee
shall be charged or collected from the applicant for filing a
petition for naturalization or for the issuance of a
certificate of naturalization upon citizenship being granted to
the applicant, and no clerk of any State court shall charge or
collect any fee for such services unless the laws of the State
require such charge to be made, in which case nothing more than
the portion of the fee required to be paid to the State shall
be charged or collected.''.
(c) Naturalization Proceedings Overseas for Members of the Armed
Forces.--Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Secretary of State, and the Secretary of Defense
shall ensure that any applications, interviews, filings, oaths,
ceremonies, or other proceedings under title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) relating to naturalization of
members of the Armed Forces are available through United States
embassies, consulates, and as practicable, United States military
installations overseas.
(d) Technical and Conforming Amendment.--Section 328(b)(3) of the
Immigration and Nationality Act (8 U.S.C. 1439(b)(3)) is amended by
striking ``Attorney General'' and inserting ``Secretary of Homeland
Security''.
SEC. 3. NATURALIZATION BENEFITS FOR MEMBERS OF THE SELECTED RESERVE OF
THE READY RESERVE.
Section 329(a) of the Immigration and Nationality Act (8 U.S.C.
1440(a)) is amended by inserting ``as a member of the Selected Reserve
of the Ready Reserve or'' after ``has served honorably''.
SEC. 4. EXTENSION OF POSTHUMOUS BENEFITS TO SURVIVING SPOUSES,
CHILDREN, AND PARENTS.
(a) Treatment as Immediate Relatives.--
(1) Spouses.--Notwithstanding the second sentence of
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who
was the spouse of a citizen of the United States at the time of the
citizen's death and was not legally separated from the citizen at the
time of the citizen's death, if the citizen served honorably in an
active duty status in the military, air, or naval forces of the United
States and died as a result of injury or disease incurred in or
aggravated by that service, the alien (and each child of the alien)
shall be considered, for purposes of section 201(b) of such Act, to
remain an immediate relative after the date of the citizen's death, but
only if the alien files a petition under section 204(a)(1)(A)(ii) of
such Act within 2 years after such date and only until the date the
alien remarries. For purposes of such section 204(a)(1)(A)(ii), an
alien granted relief under the preceding sentence shall be considered
an alien spouse described in the second sentence of section
201(b)(2)(A)(i) of such Act.
(2) Children.--
(A) In general.--In the case of an alien who was
the child of a citizen of the United States at the time
of the citizen's death, if the citizen served honorably
in an active duty status in the military, air, or naval
forces of the United States and died as a result of
injury or disease incurred in or aggravated by that
service, the alien shall be considered, for purposes of
section 201(b) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)), to remain an immediate relative
after the date of the citizen's death (regardless of
changes in age or marital status thereafter), but only
if the alien files a petition under subparagraph (B)
within 2 years after such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(3) Parents.--
(A) In general.--In the case of an alien who was
the parent of a citizen of the United States at the
time of the citizen's death, if the citizen served
honorably in an active duty status in the military,
air, or naval forces of the United States and died as a
result of injury or disease incurred in or aggravated
by that service, the alien shall be considered, for
purposes of section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)), to remain an
immediate relative after the date of the citizen's
death (regardless of changes in age or marital status
thereafter), but only if the alien files a petition
under subparagraph (B) within 2 years after such date.
(B) Petitions.--An alien described in subparagraph
(A) may file a petition with the Secretary of Homeland
Security for classification of the alien under section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)). For purposes of such Act,
such a petition shall be considered a petition filed
under section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(C) Exception.--Notwithstanding section
201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), for purposes of this
paragraph, a citizen described in subparagraph (A) does
not have to be 21 years of age for a parent to benefit
under this paragraph.
(b) Applications for Adjustment of Status by Surviving Spouses,
Children, and Parents.--
(1) In general.--Notwithstanding subsections (a) and (c) of
section 245 of the Immigration and Nationality Act (8 U.S.C.
1255), any alien who was the spouse, child, or parent of an
alien described in paragraph (2), and who applied for
adjustment of status prior to the death described in paragraph
(2)(B), may have such application adjudicated as if such death
had not occurred.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(c) Spouses and Children of Lawful Permanent Resident Aliens.--
(1) Treatment as immediate relatives.--
(A) In general.--A spouse or child of an alien
described in paragraph (3) who is included in a
petition for classification as a family-sponsored immigrant under
section 203(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1153(a)(2)) that was filed by such alien, shall be considered (if the
spouse or child has not been admitted or approved for lawful permanent
residence by such date) a valid petitioner for immediate relative
status under section 201(b)(2)(A)(i) of the Immigration and Nationality
Act (8 U.S.C. 1151(b)(2)(A)(i)). Such spouse or child shall be eligible
for deferred action, advance parole, and work authorization.
(B) Petitions.--An alien spouse or child described
in subparagraph (A) may file a petition with the
Secretary of Homeland Security for classification of
the alien under section 201(b)(2)(A)(i) of the
Immigration and Nationality Act (8 U.S.C.
1151(b)(2)(A)(i)). For purposes of such Act, such a
petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C.
1154(a)(1)(A)).
(2) Self-petitions.--Any spouse or child of an alien
described in paragraph (3) who is not a beneficiary of a
petition for classification as a family-sponsored immigrant may
file a petition for such classification under section
201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) with the Secretary of Homeland
Security, but only if the spouse or child files a petition
within 2 years after such date. Such spouse or child shall be
eligible for deferred action, advance parole, and work
authorization.
(3) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(d) Parents of Lawful Permanent Resident Aliens.--
(1) Self-petitions.--Any parent of an alien described in
paragraph (2) may file a petition for classification under
section 201(b)(2)(A)(i) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(2)(A)(i)), but only if the parent files a
petition within 2 years after such date. For purposes of such
Act, such petition shall be considered a petition filed under
section 204(a)(1)(A) of such Act (8 U.S.C. 1154(a)(1)(A)). Such
parent shall be eligible for deferred action, advance parole,
and work authorization.
(2) Alien described.--An alien is described in this
paragraph if the alien--
(A) served honorably in an active duty status in
the military, air, or naval forces of the United
States;
(B) died as a result of injury or disease incurred
in or aggravated by that service; and
(C) was granted posthumous citizenship under
section 329A of the Immigration and Nationality Act (8
U.S.C. 1440-1).
(e) Adjustment of Status.--Notwithstanding subsections (a) and (c)
of section 245 of the Immigration and Nationality Act (8 U.S.C. 1255),
an alien physically present in the United States who is the beneficiary
of a petition under paragraph (1), (2)(B), or (3)(B) of subsection (a),
paragraph (1)(B) or (2) of subsection (c), or subsection (d)(1) of this
section, may apply to the Secretary of Homeland Security for adjustment
of status to that of an alien lawfully admitted for permanent
residence.
(f) Waiver of Certain Grounds of Inadmissibility.--In determining
the admissibility of any alien accorded an immigration benefit under
this section, the grounds for inadmissibility specified in paragraphs
(4), (6), (7), and (9) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(g) Benefits to Survivors; Technical Amendment.--Section 329A of
the Immigration and Nationality Act (8 U.S.C. 1440-1) is amended--
(1) by striking subsection (e); and
(2) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''.
(h) Technical and Conforming Amendments.--Section 319(d) of the
Immigration and Nationality Act (8 U.S.C. 1430(d)) is amended--
(1) by inserting ``, child, or parent'' after ``surviving
spouse'';
(2) by inserting ``, parent, or child'' after ``whose
citizen spouse''; and
(3) by striking ``who was living'' and inserting ``who, in
the case of a surviving spouse, was living''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect as
if enacted on September 11, 2001. | Naturalization and Family Protection for Military Members Act of 2003 - Amends the Immigration and Nationality Act respecting naturalization through service in the armed forces to: (1) reduce the required service from three years to two years; (2) prohibit the imposition of a naturalization fee; and (3) qualify the Selective Reserve of the Ready Reserve for such benefits.Provides for overseas naturalization proceedings for members of the armed forces.Retains immediate relative status for the alien wife, child, or parent of a U.S. citizen who died from injury or disease incurred while serving honorably on active military service. (Requires petition filing within two years of such death.)States that an application for status adjustment by the alien wife, child, or parent of an alien member of the armed forces who was granted service-related posthumous citizenship may be adjudicated as if the death had not occurred. (Requires application filing prior to such death.)Treats the spouse, child, or parent of a lawful permanent resident who was granted service-related posthumous citizenship as a valid petitioner for immediate family status. (Requires parent filing within two years of such death.)Permits such aliens to apply for permanent resident status adjustment.Waives specified grounds of inadmissibility. | {"src": "billsum_train", "title": "To change the requirements for naturalization through service in the Armed Forces of the United States, to extend naturalization benefits to members of the Ready Reserve of a reserve component of the Armed Forces, to extend posthumous benefits to surviving spouses, children, and parents, and for other purposes."} | 3,365 | 291 | 0.481483 | 1.381752 | 0.71121 | 2.480176 | 11.942731 | 0.885463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Russian Missiles Act of
2017''.
SEC. 2. DEFINITIONS.
(a) Appropriate Congressional Committees.--The term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(b) INF Treaty.--The term ``INF Treaty'' means the Treaty between
the United States of America and the Union of Soviet Socialist
Republics on the Elimination of Their Intermediate-Range and Shorter-
Range Missiles, signed at Washington, DC, December 8, 1987, and entered
into force June 1, 1988.
SEC. 3. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The INF Treaty, which entered into force on June 1,
1988, banned the Union of Soviet Socialist Republics (USSR)
from possessing ground-launched nuclear and conventional
missiles and launchers retaining ranges between 500 and 5,500
kilometers (km).
(2) Implementation of the INF Treaty led to the
dismantlement of 2,692 short-, medium-, and intermediate-range
missiles between the United States and the USSR, representing a
major reduction in both nuclear arsenals and evidencing key
efforts to safeguard the United States and its allies from
nuclear weapons.
(3) Since concerns regarding a noncompliant ground-launched
cruise missile (GLCM) were first raised in 2008, the Russian
Federation has developed and tested a GLCM (currently
designated ``SSC-8'') that has a range violating the
fundamental stipulations of the INF Treaty.
(4) In 2014, the United States labeled the Russian
Federation to be ``in violation'' of the INF Treaty in the
Department of State Report entitled, ``Adherence to and
Compliance with Arms Control, Nonproliferation, and Disarmament
Agreements and Commitments'', and has maintained Russia's
noncompliant status in each subsequent report due to the
development and testing of the SSC-8.
(5) During a March 2017 hearing at the Committee on Armed
Services of the House of Representatives, the Vice Chairman of
the Joint Chiefs of Staff, General Paul Selva, asserted that
``we believe that the Russians have deployed a land-based
cruise missile that violates the spirit and intent of the
Intermediate Nuclear Forces Treaty'' and that such a system
poses ``a threat to NATO and to facilities within the NATO area
of responsibility.''
(6) When examining the response options at the United
States disposal, the Department of Defense stated in its 2016
Plan for Military Response Options to Russian Federation
Violations of the Intermediate-range Nuclear Forces (INF)
Treaty that ``Russia's return to compliance with its
obligations under the INF Treaty remains the preferable
outcome.''
(7) United States allies in Europe do not currently have
sufficient defensive articles and material to properly defend
against the Russian Federation's new GLCM.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) protect the United States interests and assets abroad
and our allies from the burgeoning threat stemming from
Russia's development of a new GLCM that violates the INF
Treaty;
(2) promote and expand cooperation and mutual defense with
European and Asian allies through--
(A) strengthening the United States offensive
posture and defensive infrastructure on the European
continent; and
(B) enhancing military to military coordination
with key allies in Europe and Asia;
(3) pressure the Russian Federation to abide by its
commitments regarding the INF Treaty and discontinue engaging
in hostile activities regarding its missile program by--
(A) diplomatically engaging the Russian Federation
within the Special Verification Commission;
(B) articulating that the Russian Federation is in
material breach of the INF Treaty; and
(C) communicating to the Russian Federation that if
they remain in non-compliance with the INF Treaty by
January 1, 2019, the United States will--
(i) take military actions to improve our
European deterrence and defense capabilities,
including the development of a conventional
variant of the Long Range Stand-off system
(LRSO);
(ii) assist United States allies in
improving their air- and sea-launched
conventional strike capabilities by
facilitating sales of the extended-range
variant of the Joint Air-to-Surface Standoff
Missile (JASSM-ER) and sea-based Tomahawk
cruise missile; and
(iii) deploy limited defenses against
cruise missiles to protect key alliance assets;
and
(4) not precipitously withdraw from the INF Treaty without
fully consulting and coordinating with European allies.
SEC. 4. REPORTS.
(a) Report on the Military and Security Ramifications of Russia's
GLCM.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense, with the concurrence of the Secretary of
State, shall submit to the appropriate congressional committees
a report including the following elements:
(A) A description of the status of the Russian
Federation's new GLCM (SSC-8), its capabilities, and
the threat it poses to the United States' European and
Asian allies and assets in the region.
(B) An assessment of whether the United States
faces significant military disadvantages with the
introduction of the SSC-8 to the European continent.
(C) An assessment of gaps in the United States
current missile defense infrastructure in Europe and
what capabilities may be required to defend United
States and European assets against the threat posed by
the SSC-8.
(D) An assessment of capability gaps that a new
United States intermediate range missile, which is not
compliant with the INF Treaty, would address in Europe
and Asia.
(E) The timeline for fielding an INF range missile,
including time for research, development, and
deployment of the system, and the total cost for
development and deployment of the system.
(2) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Report on Plans for Greater Missile Defense Coordination With
Allies.--Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State, with the
concurrence of the Secretary of Defense, shall submit to the
appropriate congressional committees a report that includes a plan
including--
(1) a description of how the United States will coordinate
with its European allies to enhance missile detection and
defense; and
(2) any recommendations for additional foreign military
sales, financing, or international military education and
training to be made available to European allies for
strengthening missile defense capabilities.
SEC. 5. CONSULTATION WITH CONGRESS.
(a) Commission Proposals.--Not later than 15 days before any
meeting of the Special Verification Commission to discuss and resolve
implementation and compliance issues regarding additional procedures to
improve the viability and effectiveness of the Treaty, the President
shall consult with the Chairman and Ranking Member of the Committee on
Foreign Relations of the Senate with regard to whether the proposal, if
adopted, would constitute an amendment to the INF Treaty requiring the
advice and consent of the Senate, as set forth in Article II, section
2, clause 2 of the Constitution of the United States.
(b) Ensuring Compliance.--Not later than 180 days after the date of
the enactment of this Act, and semiannually thereafter, the Secretary
of State shall consult with the Chairman and Ranking Member regarding
whether the Russian Federation is in compliance with the INF Treaty,
and if not, what steps the United States is taking to bring them back
into compliance.
SEC. 6. RESTRICTION OF FUNDS TO LEAVE THE INF TREATY.
(a) In General.--Except as provided under subsection (b), no funds
may be made available or expended for any action that effects the
withdrawal of the United States from the INF Treaty.
(b) Exception.--The restriction in subsection (a) shall not apply--
(1) after Congress has received the report required by
section 4(a); and
(2) 90 days after the President certifies to the
appropriate congressional committees that withdrawal of the
United States from the INF Treaty is in the vital national
security interests of the United States, including the reasons
for such certification and an explanation of how the INF Treaty
would prohibit the President's intended actions. | Countering Russian Missiles Act of 2017 This bill requires the Department of Defense (DOD) to submit annual reports on: the status of the Russian Federation's new SSC-8 ground-launched cruise missile, its capabilities, and the threat it poses to the European and Asian allies of the United States and U.S. assets in the region; whether the United States faces significant military disadvantages with the introduction of the SSC-8 to the European continent; gaps in the current U.S. missile defense infrastructure in Europe; gaps in capability that a new U.S. intermediate range missile, that is not compliant with the Treaty between the United States and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles (INF Treaty), would address in Europe and Asia; and the time line for fielding, and the cost for deployment of, an INF range missile. The Department of State must submit an annual report that includes a plan: (1) describing how the United States will coordinate with its European allies to enhance missile detection and defense; and (2) recommending additional foreign military sales, financing, or international military education and training for such allies for strengthening missile defense capabilities. The bill requires specified consultation by the President and Congress regarding Russian Federation compliance with the treaty. The bill prohibits any funds from being made available or expended for any action that effects U.S. withdrawal from the treaty unless the President certifies that withdrawal is in U.S. vital national security interests. | {"src": "billsum_train", "title": "Countering Russian Missiles Act of 2017"} | 1,936 | 330 | 0.60125 | 1.841249 | 0.729442 | 3.761404 | 6.217544 | 0.905263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia District
Attorney Establishment Act of 2003''.
SEC. 2. ESTABLISHMENT OF OFFICE OF THE DISTRICT ATTORNEY FOR THE
DISTRICT OF COLUMBIA.
(a) In General.--Part F of title IV of the District of Columbia
Home Rule Act (sec. 1-204.91 et seq., D.C. Official Code) is amended by
adding at the end the following new section:
``office of the district attorney for the district of columbia
``Sec. 496. (a) Creation.--There is hereby established the Office
of the District Attorney for the District of Columbia (hereafter in
this section referred to as the `Office'), to be headed by the District
Attorney for the District of Columbia (hereafter in this section
referred to as the `District Attorney').
``(b) General Powers and Duties.--The District Attorney shall be
the chief legal officer for the District of Columbia, and in the
performance of such duties shall--
``(1) prosecute the local criminal laws of the District of
Columbia, including violations committed by both adult and
juvenile offenders, and perform any related functions as
provided by local law in the District of Columbia; and
``(2) have the authority to perform civil enforcement and
other legal functions as provided by local law in the District
of Columbia.
``(c) General Qualifications.--
``(1) In general.--No individual may serve as District
Attorney unless the individual--
``(A) is a qualified elector;
``(B) is domiciled in the District;
``(C) has resided and been domiciled in the
District for at least one year immediately preceding
the day on which the general or special election for
such office is to be held;
``(D) holds no other public office for which he or
she is compensated in an amount in excess of his or her
actual expenses in connection therewith, except that
nothing in this clause shall prohibit any such
individual, while District Attorney, from serving as a
delegate or alternate delegate to a convention of a
political party nominating candidates for President and
Vice President of the United States, or from holding an
appointment in a Reserve component of an armed force of
the United States, other than a person serving on
active duty under a call for more than thirty days; and
``(E) is admitted to the practice of law in the
District, is registered with the District of Columbia
Bar as an active practitioner, and has not been and is
currently not disbarred or suspended from practice in
any jurisdiction..
``(2) Restrictions on private practice.--The District
Attorney shall devote full time to the duties of the office and
shall not directly or indirectly engage in the private practice
of law.
``(3) Forfeiture of office.--The District Attorney shall
forfeit the office upon failure to maintain the qualifications
required by this subsection
``(d) Elections; Filling Vacancies; Initial Appointment.--
``(1) Elections.--The District Attorney shall be elected on
a partisan basis by the registered qualified electors of the
District. The term of office of the District Attorney shall be
four years, except as provided in paragraph (3), and shall
begin at noon on January 2 of the year following the election.
The District Attorney's term of office shall coincide with the
term of the Mayor. The first election for the District Attorney
shall take place in 2004.
``(2) Vacancies.--To fill a vacancy for the position of
District Attorney, the Board of Elections and Ethics shall hold
a special election in the District on the first Tuesday
occurring more than one hundred and fourteen days after the
date on which such vacancy occurs, unless the Board of
Elections and Ethics determines that such vacancy could be more
practically filled in a special election held on the same day
as the next general election to be held in the District
occurring within sixty days of the date on which a special
election would otherwise have been held under the provisions of
this subsection. The person shall take office on the day in
which the Board of Elections and Ethics certifies his or her
election and shall serve as District Attorney only for the
remainder of the term during which such vacancy occurred.
``(3) Initial appointment.--Not later than 30 days after
the date of the enactment of the District of Columbia District
Attorney Establishment Act of 2003, the Mayor, by resolution,
shall appoint a District Attorney who shall serve until
succeeded by an elected District Attorney. The proposed
resolution shall be submitted to the Council for a 30-day
period of review, excluding days of Council recess. If the
Council does not approve or disapprove the proposed resolution
within the 30-day review period, the resolution shall be deemed
approved.''.
(b) Clerical Amendment.--The table of sections of part F of title
IV of the District of Columbia Home Rule Act is amended by adding at
the end the following new item:
``Sec. 496. Office of the District Attorney for the District of
Columbia.''.
SEC. 3. RESPONSIBILITY OF DISTRICT ATTORNEY FOR THE DISTRICT OF
COLUMBIA FOR CONDUCT OF ALL PROSECUTIONS.
(a) In General.--Section 23-101, D.C. Official Code, is amended by
striking subsections (a) through (f) and inserting the following:
``(a) Prosecutions for violations of all police or municipal
ordinances or regulations of the District of Columbia and for
violations of all penal statutes of the District of Columbia in the
nature of police or municipal regulations shall be conducted in the
name of the District of Columbia by the District Attorney for the
District of Columbia or the District Attorney's assistants, except as
may otherwise be provided in any such ordinance, regulation, or
statute.
``(b) An indictment or information brought in the name of the
United States in the United States District Court for the District of
Columbia may include charges of offenses prosecutable by the District
of Columbia if the District Attorney for the District of Columbia
consents to the inclusion of such charges in writing.
``(c) An indictment or information brought in the name of the
District of Columbia in the Superior Court of the District of Columbia
may be joined for trial in the United States District Court for the
District of Columbia with an indictment or information brought in that
court if the offenses charged therein could have been joined in the
same indictment or information and if the District Attorney for the
District of Columbia consents to such joinder.
``(d) Nothing in this section shall affect the authority of the
Attorney General of the United States or the United States Attorney for
the District of Columbia to exercise jurisdiction concerning violations
of the laws of the United States.''.
(b) Conforming Amendments.--
(1) Appeals.--Section 23-104, D.C. Official Code, is
amended by striking ``Corporation Counsel'' each place it
appears in subsections (a)(1), (b), and (d), and inserting
``District Attorney for the District of Columbia''.
(2) Proceedings to establish previous convictions.--Section
23-111(a)(1), D.C. Official Code, is amended by striking
``Corporation Counsel'' and inserting ``District Attorney for
the District of Columbia''.
(3) Definition of prosecutor.--Section 23-501, D.C.
Official Code, is amended by striking ``Corporation Counsel of
the District of Columbia'' and inserting ``District Attorney
for the District of Columbia''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations of District of Columbia ordinances,
regulations, and statutes which occur after the expiration of the 6-
month period which begins on the date of the enactment of this Act. | District of Columbia District Attorney Establishment Act of 2003 - Amends the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, to be headed by the District Attorney (DA) for the District.
Makes the DA the chief legal officer for the District to: (1) prosecute the District's local criminal laws, including violations committed by both adult and juvenile offenders, and perform any related functions; and (2) perform civil enforcement and other legal functions as provided by local law.
Specifies the qualifications for DA, including residence and domicile in the District. Prohibits the DA from engaging directly or indirectly in private practice.
Requires the District Attorney to be elected to a four-year term on a partisan basis by the registered qualified electors of the District; except that within 30 days after the enactment of this Act, the Mayor, by resolution, shall appoint a District Attorney to serve until succeeded by an elected District Attorney.
States that nothing in this Act shall affect the authority of the Attorney General or the U.S. Attorney for the District to exercise jurisdiction concerning violations of Federal laws. | {"src": "billsum_train", "title": "To amend the District of Columbia Home Rule Act to establish the Office of the District Attorney for the District of Columbia, headed by a locally elected and independent District Attorney, and for other purposes."} | 1,773 | 248 | 0.634624 | 1.649928 | 0.889808 | 4.488688 | 7.298643 | 0.932127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Residential Housing
Recovery Act of 2010''.
SEC. 2. DECLARATION OF PURPOSE.
The Congress hereby declares that a national emergency exists that
is producing widespread disruption of the owned residential real estate
markets, which burdens interstate and foreign commerce, affects the
public welfare, and undermines the standard of living of the American
people. The Congress hereby declares a national policy to remove
obstructions to the free flow of interstate and foreign commerce in the
owned residential housing sector of the American economy; and to
provide for the general welfare by promoting the flow of equity capital
into the residential housing sector through innovative methods,
including the use of shared equity appreciation financing methods.
SEC. 3. SHARED EQUITY APPRECIATION PILOT PROGRAM.
(a) Establishment.--The Secretary of the Treasury (in this section
referred to as the ``Secretary'') shall carry out a shared equity
appreciation financing pilot program under this section to analyze the
effectiveness, including as a step in the economic recovery of the
United States, of shared equity finance methods that stimulate the flow
of private equity capital into the housing sector, while mitigating
risk to borrowers.
(b) Structure.--Under the pilot program under this section, the
Secretary shall--
(1) provide for entities, individuals, and governmental
agencies to assist homeowners to acquire, refinance, or
maintain ownership of 1- to 4-family residences with funding
provided through shared equity appreciation arrangements under
which private or public sector investors, or both, invest
equity funds for such residences and thereby share in the
equity appreciation of such residences;
(2) encourage public and private sector investment in such
shared equity appreciation arrangements through--
(A) provision of upfront financial assistance to
participants in the pilot program, including payments
for administrative expenses and operating capital;
(B) insurance under subsection (h) of risks of loss
to private investors in such arrangements;
(C) direct investment by public investors in
contracts for such arrangements; and
(D) tax credits to private investors in such
arrangements under section 45S of the Internal Revenue
Code of 1986 (as added by subsection (g)); and
(3) evaluate the effectiveness of whether the actions taken
by the Secretary under the pilot program pursuant to paragraph
(2) encourage investment in shared equity appreciation
arrangements.
(c) Application and Selection.--
(1) Eligibility and applications.--The Secretary shall
establish eligibility requirements for financial institutions,
nonprofit organizations, housing associations, investment
pools, and other appropriate public and private capital sources
and individuals to participate in the pilot program under this
section and originate agreements for shared equity appreciation
arrangements under the program, and shall provide for eligible
entities and individuals to apply to the Secretary for such
participation. Such applications shall include such information
as the Secretary considers appropriate.
(2) Selection; criteria.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall select
participants in the pilot program, from among persons applying
for such participation, using criteria established by the
Secretary, which shall include--
(A) whether, under the pilot program, the
applicant--
(i) can provide relief to homeowners
without modifying the original mortgage and
securitization;
(ii) can provide homeowners with a long-
term stimulus for as long as the shared equity
arrangement is in effect;
(iii) will empower homeowners to have a
stake in the solution;
(iv) has a streamlined process for
originating and servicing contracts under the
pilot program for shared equity appreciation
arrangements;
(v) can materially reduce default and
foreclosure risk on mortgages of homeowners;
(vi) can effectively reduce interest rates
on mortgages of homeowners;
(vii) can effectively reduce debt-to-income
ratios and re-default rates on mortgages of
homeowners;
(viii) will credit homeowners with 100
percent of the increase in the value of
homeowners' residences resulting from
improvements made to their properties;
(ix) will provide periodic payments based
on current home value to the homeowners or to
the homeowners' lenders on behalf of the
homeowner;
(x) will make equity-sharing payments
available to new home purchasers to increase
the percentage of approved loan applications;
and
(xi) will make equity-sharing payments
available to senior homeowners to reduce the
rate of forced sales of their properties;
(B) whether investors in mortgage-backed securities
deem equity-sharing payments to homeowners under the
applicant's program as an incentive to providing
principal forbearance;
(C) whether mortgage loan servicers deem equity-
sharing payments to homeowners under the applicant's
program as a suitable loss mitigation tool;
(D) whether institutions regulated under the
Community Reinvestment Act of 1977 (12 U.S.C. 2901) and
the Federal financial supervisory agencies deem equity-
sharing payments to homeowners as an investment
eligible for credit under such Act; and
(E) whether providing Government-sponsored
insurance against loss in property value under the
applicant's program will increase participation by
private investors.
(d) Limitation to Principal Residence.--Only mortgages for
residences that are occupied as the principal residence of the
mortgagee shall be eligible under the pilot program under this section.
(e) Rights of Parties.--The Secretary shall establish the rights,
privileges and responsibilities of the respective parties to
transactions under the pilot program under this section.
(f) Geographic Diversity.--The Secretary shall carry out the pilot
program on a regional basis in five regional areas of the United
States, as follows:
(1) Northeast.--The Northeast region, consisting of the
States of Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Rhode Island and Vermont.
(2) Southeast.--The Southeast region, consisting of the
States of Alabama, Florida, Georgia, Mississippi, North
Carolina, South Carolina, Tennessee, Virginia, and West
Virginia, and the District of Columbia.
(3) Central.--The Central region, consisting of the States
of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Michigan, Missouri, Nebraska, Ohio, and Wisconsin.
(4) Southwest.--The Southwest region, consisting of the
States of Arizona, California, Colorado, Hawaii, Nevada, New
Mexico, Oklahoma, and Texas.
(5) Northwest.--The Northwest region, consisting of the
States of Alaska, Idaho, Minnesota, Montana, North Dakota,
Oregon, South Dakota, Utah, Washington, and Wyoming.
(g) Tax Credit for Private Investment in Shared Equity Appreciation
Contracts.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CREDIT FOR PRIVATE INVESTMENT IN SHARED EQUITY APPRECIATION
CONTRACTS.
``For purposes of section 38, the shared equity appreciation
contract credit determined under this section for the taxable year is
39 percent of the aggregate amount paid or incurred by the taxpayer
during such taxable year as an investment in any shared appreciation
contract of a participant in the pilot program under the American
Residential Housing Recovery Act of 2010.''.
(2) Credit to be part of general business credit.--
Subsection (b) of section 38 of such Code is amended by
striking ``plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting ``, plus'' ,
and by adding at the end the following new paragraph:
``(37) the shared equity appreciation contract credit
determined under section 45S(a).''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45S. Credit for private investment in shared equity appreciation
contracts.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(h) Insurance of Risks to Investors.--From any amounts made
available for carrying out the pilot program under this section, the
Secretary shall set aside amounts sufficient to insure investments of
private funds in shared equity appreciation arrangements fully against
any losses arising from participation in the pilot program.
(i) Monitoring and Reporting.--
(1) Monitoring.--The Secretary shall provide for such
monitoring under the pilot program under this section as may be
necessary and appropriate to determine its effectiveness, and
the structure and requirements of such monitoring.
(2) Reports to congress.--Not later than the expiration of
the 18-month period beginning on the date of the enactment of
this Act, the Comptroller General of the United States shall
submit a report to the Congress analyzing effectiveness of the
pilot program under this section and making recommendations
regarding expansion or improvements thereof.
(j) Waiver.--The Secretary may waive, or specify alternative
requirements for, any provision of any statute, regulation, or
guideline that the Secretary administers upon a determination by the
Secretary that such waiver is appropriate to carry out the pilot
program under this section.
(k) Authorization of Appropriations.--There is authorized to be
appropriated for assistance under the pilot program under this section
and any costs of carrying out this section such sums as may be
necessary for each of fiscal years 2010 through 2015.
SEC. 4. REGULATORY OVERSIGHT OF SHARED EQUITY APPRECIATION CONTRACTS BY
BUREAU OF CONSUMER FINANCIAL PROTECTION.
(a) Treatment as Consumer Financial Product.--Section 1002 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5481) is amended--
(1) in paragraph (5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``or''; and
(C) by adding at the end the following new
subparagraph:
``(C) is a shared equity appreciation contract'';
(2) by redesignating paragraphs (27) through (29) as
paragraphs (28) through (30), respectively; and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) Shared equity appreciation contract.--The term
`shared equity appreciation contract' means an agreement
between private or public sector investors, or both, and
homeowners under which such investors provide funds to assist
the homeowners to acquire, refinance, or maintain ownership of
1- to 4-family residences and under which the investors share
in the equity appreciation of such residence.''.
(b) Oversight.--Subtitle C of title X of the Dodd-Frank Wall Street
Reform and Consumer Protection Act is amended--
(1) by redesignating section 1037 (12 U.S.C. 5531 note) as
section 1038; and
(2) by inserting after section 1036 (12 U.S.C. 5536) the
following new section:
``SEC. 1037. SHARED EQUITY APPRECIATION CONTRACTS.
``In carrying out its duties under this title with respect to
shared equity appreciation contracts, the Bureau shall issue and
enforce regulations governing the establishment and servicing of shared
appreciation contracts to ensure that--
``(1) consumers receive clear and balanced information
about the risks and benefits of shared equity appreciation
financing, including information about available alternatives;
``(2) appropriate eligibility and underwriting guidelines
are applied;
``(3) consumers demonstrate they understand their rights
and obligations, as well as the risks and benefits, before
entering into shared equity appreciation contracts;
``(4) consumers receive qualified independent counseling
before entering into shared equity appreciation contracts;
``(5) the terms of such contracts, including pricing,
homeowner payments and percentage of equity shared, are not
predatory;
``(6) consumers are protected from being sold shared equity
contracts to fund inappropriate annuities, investments, and
other financial products,
``(7) contract portfolio and individual loan level audit
review standards are established and followed; and
``(8) shared equity appreciation contract providers are
certified for financial strength, comply with rules and
regulations promulgated by the Bureau, and follow procurement
policies consistent with public sector practice.''. | American Residential Housing Recovery Act of 2010 - Directs the Secretary of the Treasury to carry out a shared equity appreciation financing pilot program to analyze the effectiveness of shared equity financing methods that stimulate the flow of private equity capital into the housing sector, while mitigating risk to borrowers.
Amends the Internal Revenue Code to allow a tax credit for private investment in shared equity appreciation contracts.
Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to: (1) treat shared equity appreciation contracts as a consumer financial product; and (2) provide for regulatory oversight of shared equity appreciation contracts by the Bureau of Consumer Financial Protection. | {"src": "billsum_train", "title": "To revitalize home ownership by establishing a shared equity appreciation homeownership pilot program."} | 2,659 | 132 | 0.637749 | 1.625513 | 0.712456 | 4.57377 | 20.827869 | 0.95082 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Hydrographic Services Improvement
Act Amendments of 2008''.
SEC. 2. DEFINITIONS.
Section 303 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892) is amended by striking paragraphs (3), (4), and (5) and
inserting the following:
``(3) Hydrographic data.--The term `hydrographic data' means
information that--
``(A) is acquired through--
``(i) hydrographic, bathymetric, photogrammetric,
lidar, radar, remote sensing, or shoreline and other ocean-
and coastal-related surveying;
``(ii) geodetic, geospatial, or geomagnetic
measurements;
``(iii) tide, water level, and current observations; or
``(iv) other methods; and
``(B) is used in providing hydrographic services.
``(4) Hydrographic services.--The term `hydrographic services'
means--
``(A) the management, maintenance, interpretation,
certification, and dissemination of bathymetric, hydrographic,
shoreline, geodetic, geospatial, geomagnetic, and tide, water
level, and current information, including the production of
nautical charts, nautical information databases, and other
products derived from hydrographic data;
``(B) the development of nautical information systems; and
``(C) related activities.
``(5) Coast and geodetic survey act.--The term `Coast and
Geodetic Survey Act' means the Act entitled `An Act to define the
functions and duties of the Coast and Geodetic Survey, and for
other purposes', approved August 6, 1947 (33 U.S.C. 883a et
seq.).''.
SEC. 3. FUNCTIONS OF THE ADMINISTRATOR.
Section 303 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892a) is amended--
(1) by striking ``the Act of 1947,'' in subsection (a) and
inserting ``the Coast and Geodetic Survey Act, promote safe,
efficient and environmentally sound marine transportation, and
otherwise fulfill the purposes of this Act,'';
(2) by striking ``data;'' in subsection (a)(1) and inserting
``data and provide hydrographic services;'' and
(3) by striking subsection (b) and inserting the following:
``(b) Authorities.--To fulfill the data gathering and dissemination
duties of the Administration under the Coast and Geodetic Survey Act,
promote safe, efficient, and environmentally sound marine
transportation, and otherwise fulfill the purposes of this Act, subject
to the availability of appropriations, the Administrator--
``(1) may procure, lease, evaluate, test, develop, and operate
vessels, equipment, and technologies necessary to ensure safe
navigation and maintain operational expertise in hydrographic data
acquisition and hydrographic services;
``(2) shall, subject to the availability of appropriations,
design, install, maintain, and operate real-time hydrographic
monitoring systems to enhance navigation safety and efficiency; and
``(3) where appropriate and to the extent that it does not
detract from the promotion of safe and efficient navigation, may
acquire hydrographic data and provide hydrographic services to
support the conservation and management of coastal and ocean
resources;
``(4) where appropriate, may acquire hydrographic data and
provide hydrographic services to save and protect life and property
and support the resumption of commerce in response to emergencies,
natural and man-made disasters, and homeland security and maritime
domain awareness needs, including obtaining mission assignments (as
defined in section 641 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 741));
``(5) may create, support, and maintain such joint centers with
other Federal agencies and other entities as the Administrator
deems appropriate or necessary to carry out the purposes of this
Act; and
``(6) notwithstanding the existence of such joint centers,
shall award contracts for the acquisition of hydrographic data in
accordance with subchapter VI of chapter 10 of title 40, United
States Code.''.
SEC. 4. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305(c)(1)(A) of the Hydrographic Services Improvement Act
of 1998 (33 U.S.C. 892c(c)(1)(A)) is amended to read as follows: ``(A)
The panel shall consist of 15 voting members who shall be appointed by
the Administrator. The Co-directors of the Center for Coastal and Ocean
Mapping/Joint Hydrographic Center and no more than 2 employees of the
National Oceanic and Atmospheric Administration appointed by the
Administrator shall serve as nonvoting members of the panel. The voting
members of the panel shall be individuals who, by reason of knowledge,
experience, or training, are especially qualified in 1 or more of the
disciplines and fields relating to hydrographic data and hydrographic
services, marine transportation, port administration, vessel pilotage,
coastal and fishery management, and other disciplines as determined
appropriate by the Administrator.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 306 of the Hydrographic Services Improvement Act of 1998
(33 U.S.C. 892d) is amended to read as follows:
``SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Administrator the
following:
``(1) To carry out nautical mapping and charting functions
under sections 304 and 305, except for conducting hydrographic
surveys--
``(A) $55,000,000 for fiscal year 2009;
``(B) $56,000,000 for fiscal year 2010;
``(C) $57,000,000 for fiscal year 2011; and
``(D) $58,000,000 for fiscal year 2012.
``(2) To contract for hydrographic surveys under section
304(b)(1), including the leasing or time chartering of vessels--
``(A) $32,130,000 for fiscal year 2009;
``(B) $32,760,000 for fiscal year 2010;
``(C) $33,390,000 for fiscal year 2011; and
``(D) $34,020,000 for fiscal year 2012.
``(3) To operate hydrographic survey vessels owned by the
United States and operated by the Administration--
``(A) $25,900,000 for fiscal year 2009;
``(B) $26,400,000 for fiscal year 2010;
``(C) $26,900,000 for fiscal year 2011; and
``(D) $27,400,000 for fiscal year 2012.
``(4) To carry out geodetic functions under this title--
``(A) $32,640,000 for fiscal year 2009;
``(B) $33,280,000 for fiscal year 2010;
``(C) $33,920,000 for fiscal year 2011; and
``(D) $34,560,000 for fiscal year 2012.
``(5) To carry out tide and current measurement functions under
this title--
``(A) $27,000,000 for fiscal year 2009;
``(B) $27,500,000 for fiscal year 2010;
``(C) $28,000,000 for fiscal year 2011; and
``(D) $28,500,000 for fiscal year 2012.
``(6) To acquire a replacement hydrographic survey vessel
capable of staying at sea continuously for at least 30 days
$75,000,000.''.
SEC. 6. AUTHORIZED NOAA CORPS STRENGTH.
Section 215 of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3005) is amended to
read as follows:
``SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
``Effective October 1, 2009, the total number of authorized
commissioned officers on the lineal list of the commissioned corps of
the National Oceanic and Atmospheric Administration shall be increased
from 321 to 379 if--
``(1) the Secretary has submitted to the Congress--
``(A) the Administration's ship recapitalization plan for
fiscal years 2010 through 2024;
``(B) the Administration's aircraft remodernization plan;
and
``(C) supporting workforce management plans;
``(2) appropriated funding is available; and
``(3) the Secretary has justified organizational needs for the
commissioned corps for each such fiscal year.''
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Hydrographic Services Improvement Act Amendments of 2008 - (Sec. 2) Amends the Hydrographic Services Improvement Act of 1998 to revise the definitions of: (1) "hydrographic data" to include lidar, radar, remote sensing, shoreline and other ocean- and coastal-related surveying, and water level observations; and (2) "hydrographic services" to include references to shoreline and water level information.
(Sec. 3) Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to promote safe, efficient, and environmentally sound marine transportation and to acquire and disseminate hydrographic data and provide hydrographic services.
Revises the Administrator's authorities concerning the acquisition of hydrographic data and provision of hydrographic servicesincluding to permit: (1) support for the conservation and management of coastal and ocean resources; (2) saving and protecting life and property and supporting the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs; and (3) the creation and maintenance of joint centers with other federal agencies.
(Sec. 4) Modifies membership provisions regarding the Hydrographic Services Review Panel.
(Sec. 5) Authorizations appropriations: (1) through FY2012 for specified hydrographic services; and (2) to acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days.
(Sec. 6) Amends the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 to increase by 58 the number authorized commissioned officers on the NOAA lineal list if: (1) the Secretary of Commerce has submitted to Congress plans for ship recapitalization, aircraft remodernization, and supporting workforce management plans; (2) appropriated funding is available; and (3) the Secretary has justified organizational needs. | {"src": "billsum_train", "title": "A bill to reauthorize and amend the Hydrographic Services Improvement Act, and for other purposes."} | 1,889 | 400 | 0.579185 | 1.685128 | 0.76991 | 4.152047 | 4.95614 | 0.906433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Coastal Land Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Confederated tribes.--The term ``Confederated Tribes''
means the Confederated Tribes of Coos, Lower Umpqua, and
Siuslaw Indians.
(2) Oregon coastal land.--The term ``Oregon Coastal land''
means the approximately 14,408 acres of land, as generally
depicted on the map entitled ``Oregon Coastal Land Conveyance''
and dated March 27, 2013.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE.
(a) In General.--Subject to valid existing rights, including
rights-of-way, all right, title, and interest of the United States in
and to the Oregon Coastal land, including any improvements located on
the land, appurtenances to the land, and minerals on or in the land,
including oil and gas, shall be--
(1) held in trust by the United States for the benefit of
the Confederated Tribes; and
(2) part of the reservation of the Confederated Tribes.
(b) Survey.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a survey of the boundary lines
to establish the boundaries of the land taken into trust under
subsection (a).
SEC. 4. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall file a map and legal description of
the Oregon Coastal land with--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Natural Resources of the House of
Representatives.
(b) Force and Effect.--The map and legal description filed under
subsection (a) shall have the same force and effect as if included in
this Act, except that the Secretary may correct any clerical or
typographical errors in the map or legal description.
(c) Public Availability.--The map and legal description filed under
subsection (a) shall be on file and available for public inspection in
the Office of the Secretary.
SEC. 5. ADMINISTRATION.
(a) In General.--Unless expressly provided in this Act, nothing in
this Act affects any right or claim of the Confederated Tribes existing
on the date of enactment of this Act to any land or interest in land.
(b) Prohibitions.--
(1) Exports of unprocessed logs.--Federal law (including
regulations) relating to the export of unprocessed logs
harvested from Federal land shall apply to any unprocessed logs
that are harvested from the Oregon Coastal land taken into
trust under section 3.
(2) Non-permissible use of land.--Any real property taken
into trust under section 3 shall not be eligible, or used, for
any gaming activity carried out under Public Law 100-497 (25
U.S.C. 2701 et seq.).
(c) Laws Applicable to Commercial Forestry Activity.--Any
commercial forestry activity that is carried out on the Oregon Coastal
land taken into trust under section 3 shall be managed in accordance
with all applicable Federal laws.
(d) Agreements.--The Confederated Tribes shall consult with the
Secretary and other parties as necessary to develop agreements to
provide for access to the Oregon Coastal land taken into trust under
section 3 that provide for--
(1) honoring existing reciprocal right-of-way agreements;
(2) administrative access by the Bureau of Land Management;
and
(3) management of the Oregon Coastal land that are acquired
or developed under chapter 2003 of title 54, United States
Code, consistent with section 200305(f)(3) of title 54, United
States Code.
(e) Land Use Planning Requirements.--Except as provided in
subsection (c), once the Oregon Coastal land is taken into trust under
section 3, the land shall not be subject to the land use planning
requirements of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
SEC. 6. LAND RECLASSIFICATION.
(a) Identification of Oregon and California Railroad Grant Land.--
Not later than 180 days after the date of enactment of this Act, the
Secretary of Agriculture and the Secretary shall identify any Oregon
and California Railroad grant land that is held in trust by the United
States for the benefit of the Confederated Tribes under section 3.
(b) Identification of Public Domain Land.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall identify
public domain land in the State of Oregon that--
(1) is approximately equal in acreage and condition as the
Oregon and California Railroad grant land identified under
subsection (a); and
(2) is located in the vicinity of the Oregon and California
Railroad grant land.
(c) Maps.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to Congress and publish in the
Federal Register 1 or more maps depicting the land identified in
subsections (a) and (b).
(d) Reclassification.--
(1) In general.--After providing an opportunity for public
comment, the Secretary shall reclassify the land identified in
subsection (b) as Oregon and California Railroad grant land.
(2) Applicability.--The Act of August 28, 1937 (43 U.S.C.
1181a et seq.), shall apply to land reclassified as Oregon and
California Railroad grant land under paragraph (1). | Oregon Coastal Land Act Requires all interest of the United States in approximately 14,408 acres of land (Oregon Coastal land) to be held in trust for, and to be part of the reservation of, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians (Tribes). Applies federal law relating to the export of unprocessed logs harvested from federal land to any unprocessed logs harvested from such land. Prohibits gaming on such land. Requires commercial forestry activity on such land to be managed in accordance with applicable federal laws. Exempts such land from the land use planning requirements of the Federal Land Policy and Management Act of 1976. Directs the Tribes to consult with the Department of the Interior and other parties to develop agreements to provide for access to such land that provide for: (1) honoring existing reciprocal right-of-way agreements, (2) administrative access by the Bureau of Land Management, and (3) management of any such land acquired or developed under the Land and Water Conservation Fund. Directs the Department of Agriculture and Interior to identify any land conveyed under this Act that is Oregon and California Railroad grant land. Directs Interior to: (1) identify public domain land in Oregon that is approximately equal in acreage and condition to such Oregon and California Railroad grant land, and (2) reclassify the public domain land as Oregon and California Railroad grant land. | {"src": "billsum_train", "title": "Oregon Coastal Land Act"} | 1,293 | 310 | 0.563254 | 1.685393 | 0.775132 | 4.315985 | 4.189591 | 0.903346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Exploration Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the national interest of the United States to
have a vigorous, outward-looking program of space exploration,
encompassing both robotic spacecraft missions and human space
flight.
(2) The United States has achieved major accomplishments in
its human space flight program over the last 4 decades,
including the first crewed lunar landing, the first reusable
crewed Space Shuttle, and the first truly international Space
Station.
(3) There currently is no commitment to the accomplishment
of any challenging goals in human space flight after the
completion of the International Space Station.
(4) While a significant amount of scientific research can
and should be accomplished by robotic means, a comprehensive
plan of scientific exploration of the solar system and search
for life beyond Earth will require both robotic spacecraft
missions and human space flight to achieve its goals.
(5) Properly coordinated, the Nation's human space flight
program does not compete with robotic exploration but instead
complements it and provides additional capabilities for
scientific research.
(6) The successful repair and servicing of the Hubble Space
Telescope demonstrates the potential for the productive
participation of the human space flight program in advancing
the goals of scientific exploration.
(7) There have been numerous commissions and study panels
over the last 30 years that have articulated goals for the
future of human space flight, and additional studies to
establish goals are not needed at this time.
(8) While there are significant technical and programmatic
hurdles to be overcome in carrying out human space flight
activities beyond low Earth orbit, the main hurdle to be
overcome is the lack of a national commitment to such
activities.
(9) In the absence of a commitment to specific and
challenging human space flight goals, programs to develop
generic technological capabilities for human space flight are
likely to be unfocused, inefficient, and short-lived.
(10) It is in the national interest of the United States to
commit to a challenging set of incremental goals for the
Nation's human space flight program in order to facilitate the
scientific exploration of the solar system and aid in the
search for life beyond Earth and to commit to the attainment of
those goals.
(11) While the ultimate goal of human space flight in the
inner solar system is the exploration of the planet Mars, there
are other important goals for exploration of the inner solar
system that will advance our scientific understanding and allow
the United States to develop and demonstrate capabilities that
will be needed for the scientific exploration and eventual
settlement of Mars.
(12) A bold and sustained human space flight initiative of
scientific exploration should contain progressively more
challenging objectives, including missions to the Earth-Sun
libration points, Earth-orbit crossing asteroids, the lunar
surface, the satellites of Mars, and the surface of Mars.
(13) A human space flight initiative with incremental goals
and milestones will allow a continuing series of
accomplishments to be achieved throughout the duration of the
initiative, permit the ``lessons learned'' and capabilities
acquired from previous implementation steps to be incorporated
into subsequent phases of the initiative, and allow adjustments
to be made to the implementation of the initiative as new
opportunities or challenges arise.
(14) The National Aeronautics and Space Administration
should develop a roadmap and implementation plan for a
progressive program of human space flight beyond low Earth
orbit in support of the scientific exploration of the solar
system and the search for life beyond Earth.
(15) Existing and planned investments in the Space Shuttle,
International Space Station, and the Space Launch Initiative
should be leveraged to help advance the goals of the human
space flight initiative while avoiding duplication of effort.
(16) The President should ensure that sufficient resources
are provided to the National Aeronautics and Space
Administration and that appropriate financial management
controls are in place to ensure that the implementation plan
can be carried out in a timely and cost-effective manner.
(17) The United States captured the imagination of the
peoples of the world and inspired a generation of young people
to enter careers in science and engineering when it
successfully landed humans on the surface of the Moon in the
years 1969 through 1972.
(18) A bold and sustained human space exploration
initiative has the potential to inspire a new generation of
young people in the same way as the Apollo program did.
(19) Properly constructed, a bold and sustained human space
exploration initiative has the potential to engage the
international community in peaceful cooperation in space.
(20) Completion of the International Space Station with a
full crew complement of 7 astronauts and robust research
capabilities is essential if the United States is to carry out
successfully a comprehensive initiative of scientific
exploration of the solar system that involves human space
flight.
SEC. 3. DEFINITION.
For purposes of this Act the term ``Administrator'' means the
Administrator of the National Aeronautics and Space Administration.
SEC. 4. HUMAN SPACE FLIGHT INITIATIVE.
(a) Goals.--The Administrator shall set the following goals for the
future activities of the National Aeronautics and Space
Administration's human space flight program:
(1) Within 8 years after the date of enactment of this Act,
the development and flight demonstration of a reusable space
vehicle capable of carrying humans from low Earth orbit to the
L 1 and L 2 Earth-Sun libration points and back for the
purposes of assembling large-scale space structures such as
would be required for scientific observatories, to the Earth-
Moon libration points and back, and to lunar orbit and back.
(2) Within 10 years after the date of enactment of this
Act, the development and flight demonstration of a reusable
space vehicle capable of carrying humans from low Earth orbit
to and from an Earth-orbit crossing asteroid and rendezvousing
with it.
(3) Within 15 years after the date of enactment of this
Act, the development and flight demonstration of a reusable
space vehicle capable of carrying humans from lunar orbit to
the surface of the Moon and back, as well as the development
and deployment of a human-tended habitation and research
facility on the lunar surface.
(4) Within 20 years after the date of enactment of this
Act, the development and flight demonstration of a reusable
space vehicle capable of carrying humans from low Earth orbit
to and from Martian orbit, the development and deployment of a
human-tended habitation and research facility on the surface of
one of the moons of Mars, and the development and flight
demonstration of a reusable space vehicle capable of carrying
humans from Martian orbit to the surface of Mars and back.
(b) Office of Exploration.--
(1) Establishment.--The Administrator shall establish an
Office of Exploration, which shall be headed by an Associate
Administrator reporting directly to the Administrator.
(2) Functions.--The Office of Exploration shall, in
coordination with the Office of Space Flight, the Office of
Space Science, and all other relevant Offices, be responsible
for planning, budgeting, and managing activities undertaken by
the National Aeronautics and Space Administration to accomplish
the goals stated in subsection (a).
(c) Implementation.--
(1) Competitions.--The Administrator shall establish a
process for conducting competitions for innovative, cost-
efficient mission concepts to accomplish each of the goals
stated in subsection (a). The competitions shall be open to
entities or consortia from industry, academia, nongovernmental
research organizations, National Aeronautics and Space
Administration Centers, and other governmental organizations.
Mission concepts may include the provision of a commercial item
or service sufficient to accomplish all or part of the relevant
goal. Mission concepts that include international participation
and cost-sharing shall be encouraged. The Administrator shall
solicit proposals for the competition with respect to the goal
stated in subsection (a)(1) not later than 180 days after the
date of the enactment of this Act, and shall determine when it
is appropriate to conduct competitions with respect to each of
the other goals stated in subsection (a).
(2) Independent review of proposals.--The Administrator
shall establish an independent panel to conduct a merit-based
competitive review of the proposals submitted under each
competition conducted under this subsection, and to submit a
rank-ordered evaluation of the proposals to the Administrator.
(3) Contents.--Each proposal submitted as part of a
competition under this subsection shall contain a proposed
implementation plan that includes--
(A) the mission concept;
(B) a cost estimate;
(C) a funding profile;
(D) a schedule; and
(E) a technological risk reduction roadmap for any
required technologies not currently available for use
in the proposed mission concept.
(4) Review of cost estimate and funding profile.--The
Administrator shall provide for the completion of an
independent external review of the cost estimate and funding
profile of the competitively selected proposal for each of the
competitions conducted under this subsection within 60 days
after the completion of the competitive selection process.
(5) Report to congress.--The Administrator shall provide to
the Committee on Science of the House of Representatives and to
the Committee on Commerce, Science, and Transportation of the
Senate the implementation plan of the competitively selected
proposal, along with the results of the independent external
review under paragraph (4), for each competition conducted
under this subsection, within 90 days after the completion of
the competitive selection process.
(d) Implementation Plan Updates and Reviews.--
(1) Updates.--The implementation plans of the competitively
selected proposals under subsection (c) shall be updated every
year by the manager of the project, as designated by the
original implementation plan.
(2) Updated Implementation plan review.--The Administrator
shall have an independent external review panel review each of
the updated implementation plans required by paragraph (1), and
shall provide the results of those reviews to the Committee on
Science of the House of Representatives and to the Committee on
Commerce, Science, and Transportation of the Senate within 30
days after each review is completed.
(3) Review elements.--Reviews under paragraph (2) shall
address at least the following:
(A) The reasonableness of the assumed schedule for
the cost estimate and funding profile.
(B) The degree to which the implementation plan is
consistent with the competitively selected mission
concept.
(C) The degree to which the relevant areas of
technical and programmatic risk are addressed and risk
mitigation plans are in place.
(D) The extent to which the implementation plan
utilizes commercially available goods and services when
available and appropriate to achieve the goal.
(E) The extent to which the plan makes use of
existing capabilities developed in previous phases of
the human space flight initiative or in other National
Aeronautics and Space Administration programs when
available and appropriate in lieu of undertaking new
development programs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for carrying out this Act--
(1) $50,000,000 for fiscal year 2003; and
(2) $200,000,000 for fiscal year 2004. | Space Exploration Act of 2002 - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to set forth as goals for the future activities of NASA's human space flight program, the development and flight demonstration, within 8, 10, 15, and 20 years, respectively, of a reusable space vehicle capable of carrying humans between: (1) low Earth orbit and Earth-Sun and Earth-Moon libration points; (2) low Earth orbit and an Earth-orbit crossing asteroid; (3) lunar orbit and the surface of the moon, as well as deployment of a human-tended facility on the lunar surface; and (4) low Earth orbit and Martian orbit and between Martian orbit and the surface of Mars, as well as deployment of a human-tended facility on the surface of a Martian moon.Requires the Administrator to establish: (1) an Office of Exploration to be responsible for planning, budgeting, and managing activities undertaken by NASA to accomplish these goals; (2) a process for conducting competitions for innovative, cost-effective mission concepts to accomplish the goals; and (3) an independent panel to conduct a merit-based competitive review of the proposals submitted under each competition and to submit a rank-ordered evaluation of such proposals to the Administrator.Requires the Administrator to provide to the Committee on Science of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate for each competitively selected proposal its implementation plan and the results of an independent external review of the initial proposal and of each annually updated implementation plan. | {"src": "billsum_train", "title": "To restore a vision for the United States human space flight program by instituting a series of incremental goals that will facilitate the scientific exploration of the solar system and aid in the search for life elsewhere in the universe, and for other purposes."} | 2,295 | 335 | 0.583815 | 1.960299 | 0.661501 | 4.427184 | 7.423948 | 0.957929 |
SECTION 1. SUSPENSION OF ASSISTANCE.
(a) Multilateral Economic Assistance.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States executive directors to the
international financial institutions to oppose, and vote
against, any extension by those institutions of any financial
assistance (including any technical assistance or grant) of any
kind to the Government of Indonesia.
(2) Sense of congress.--It is the sense of Congress that
the international financial institutions should withhold the
balance of any undisbursed approved loans or other assistance
to the Government of Indonesia.
(3) International financial institutions defined.--In this
section, the term ``international financial institution''
includes the International Monetary Fund, the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Multilateral Investment Guaranty Agency, and the Asian
Development Bank.
(b) Restriction on Bilateral Economic Assistance.--None of the
funds appropriated or otherwise made available to carry out chapter 1
of part I (relating to development assistance) or chapter 4 of part II
(relating to economic support fund assistance) of the Foreign
Assistance Act of 1961 may be available for Indonesia, except subject
to the procedures applicable to reprogramming notifications under
section 634A of that Act.
(c) Prohibition on Military-to-Military Cooperation and Support.--
(1) Assistance.--None of the funds appropriated or
otherwise made available under the following provisions of law
(including unobligated balances of prior year appropriations)
may be available for Indonesia:
(A) The Foreign Military Financing Program under
section 23 of the Arms Export Control Act.
(B) Chapter 2 of part II of the Foreign Assistance
Act of 1961 (relating to military assistance).
(C) Chapter 5 of part II of the Foreign Assistance
Act of 1961 (relating to international military
education and training assistance).
(2) Licensing.--None of the funds appropriated or otherwise
made available under the following provisions of law (including
unobligated balances of prior year appropriations) may be
available for licensing exports of defense articles or defense
services to Indonesia under section 38 of the Arms Export
Control Act.
(d) Multilateral Efforts.--The President should coordinate with
other countries, particularly member states of the Asia-Pacific
Economic Cooperation (APEC) Forum, to develop a comprehensive,
multilateral strategy to further the purposes of this Act, including
urging other countries to take measures similar to those described in
this Act.
SEC. 2 . EXCEPTION.
Section 1 shall not apply to the provision of food or medical
assistance to Indonesia or East Timor for humanitarian purposes.
SEC. 3. CONDITIONS FOR THE TERMINATION OF MEASURES.
(a) In General.--The measures described in section 1 shall apply
with respect to the Government of Indonesia until the President
determines and certifies to the appropriate congressional committees
that--
(1) a safe and secure environment exists in East Timor,
that Timorese who were forced to flee the militia-led violence
are able to safely return to East Timor, and that there is
freedom of movement within East Timor;
(2) the United Nations Assistance Mission in East Timor
(UNAMET) can resume its mandate pursuant to the June 11, 1999,
authorization by the United Nations Security Council without
threat or intimidation of its personnel;
(3) steps have been taken to implement the results of the
August 30, 1999, vote on East Timor's political status, which
expressed the will of a majority of the Timorese people; and
(4) the Armed Forces of the Republic of Indonesia is
conducting itself in a manner consistent with its
responsibilities to its citizens and its international
commitments.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations and the Committee on Appropriations of the Senate
and the Committee on Banking and Financial Services and the Committee
on Appropriations of the House of Representatives.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that the United States should strongly
support the authorization of an international peacekeeping force for
East Timor and support such a force in an appropriate manner. | Directs the Secretary of the Treasury to instruct the U.S. executive directors to the international financial institutions to oppose, and vote against, any extension of financial assistance of any kind to the Government of Indonesia (except humanitarian assistance to it or East Timor).
Expresses the sense of Congress that such institutions should withhold the balance of any undisbursed approved loans or other assistance to the Government of Indonesia.
Prohibits the availability of appropriated funds to Indonesia for: (1) economic and development assistance, except subject to the procedures applicable to reprogramming notifications; and (2) military assistance. Prohibits the licensing of exports of defense articles and defense services to Indonesia. Urges the President to coordinate with other countries (particularly member states of the Asia-pacific Economic Cooperation (APEC) Forum) to develop a comprehensive, multilateral strategy to further the purposes of this Act, including urging other countries to take measures similar to those contained in it.
Imposes such prohibitions on the Government of Indonesia until the President determines and certifies to the appropriate congressional committees that: (1) a safe environment exists for the return of Timorese who were forced to flee the militia-led violence; (2) the UN Assistance Mission in East Timor (UNAMET) can resume its mandate pursuant to the June 11, 1999, authorization by the UN Security Council, without threat or intimidation; (3) steps have been taken to implement the results of the August 30, 1999, vote on East Timor's political status; and (4) the Armed Forces of the Republic of Indonesia is conducting itself in a manner consistent with its responsibilities to its citizens and its international commitments.
Expresses the sense of Congress that the United States should strongly support the authorization of an international peacekeeping force for East Timor. | {"src": "billsum_train", "title": "To impose an immediate suspension of assistance to the Government of Indonesia until the results of the August 30, 1999, vote in East Timor have been implemented, and for other purposes."} | 926 | 379 | 0.668632 | 2.398456 | 0.808243 | 6.289474 | 2.47076 | 0.95614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Terrorism Deterrence and
Detection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Combating the threat of a terrorist detonating a
nuclear device on American soil is a critical security
challenge.
(2) Nuclear forensics contributes to the Nation's ability
to deter and respond to nuclear terrorism through technical
analysis of nuclear materials intercepted intact or retrieved
from post-explosion debris.
(3) Nuclear forensics, when combined with law enforcement
and intelligence data, contributes to attribution of the
nuclear material or nuclear device to its source.
(4) The Nation's nuclear forensics capability can be
improved, as identified in a report from the American Physical
Society and American Association for the Advancement of
Science, with regard to the following:
(A) Workforce: The training of skilled personnel
needs to be accelerated. The Nation is understaffed in
nuclear forensics, with just 35 to 50 experts at United
States national laboratories and more than half of them
likely to retire in the next 10 to 15 years.
(B) Equipment: Most of the Nation's field and
laboratory equipment used in nuclear forensics analysis
dates to the Cold War. A program should be undertaken
to develop and manufacture advanced, automated field-
equipment that allows for more rapid and accurate
radiation analysis.
(C) International Databases: Nuclear material can
have a unique signature depending on its source reactor
of fuel facility. A shared and accessible international
database of nuclear samples can help to more quickly
match debris or an intercepted nuclear device with its
original source.
(D) Independent Evaluation Group: Given the
intelligence community's failings in the assessment of
weapons of mass destruction in Iraq, there may be
international skepticism regarding any nuclear
forensics investigation the United States might
perform. A group of recognized experts not associated
with the federal investigation would provide
independent validation of the forensics analysis.
(E) Exercises: Nuclear forensics investigations
take time and the results may not be immediately
conclusive. Through realistic drills, senior leadership
can become aware of the strengths and limitations of
the nation's nuclear forensics capability and
appropriately incorporate the capability into decision
making.
SEC. 3. SENSE OF CONGRESS ON NNSA FELLOWSHIP PROGRAM FOR GRADUATE
STUDENTS IN THE FIELD OF NUCLEAR CHEMISTRY.
It is the sense of Congress that--
(1) the Administrator for Nuclear Security should establish
a fellowship program for graduate students in the field of
nuclear chemistry, which should--
(A) support no fewer than 6 Ph.D.s per year; and
(B) require graduate students to spend two summers
in a national laboratory over the course of the
program; and
(2) the fellowship program should receive funding in an
amount not less than--
(A) $1,000,000 for fiscal year 2009;
(B) $2,000,000 for fiscal year 2010;
(C) $3,000,000 for fiscal year 2011;
(D) $4,000,000 for fiscal year 2012; and
(E) $5,000,000 for fiscal year 2013.
SEC. 4. SENSE OF CONGRESS ON NNSA RESEARCH AND DEVELOPMENT FOR NUCLEAR
FORENSICS FIELD RADIATION-MEASUREMENT EQUIPMENT.
It is the sense of Congress that--
(1) the Administrator for Nuclear Security should carry out
research and development with a targeted goal of improving the
speed and accuracy of nuclear forensics radiation-measurement
equipment; and
(2) the research and development should receive funding in
an amount not less than $5,000,000 for each of fiscal years
2009 through 2013.
SEC. 5. ADDITIONAL INFORMATION TO BE INCLUDED IN REPORT ON NUCLEAR
FORENSICS CAPABILITIES.
Section 3129(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 585) is amended--
(1) in paragraph (2) by striking ``and'' at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in
enhancement of international nuclear-material databases and the
linking of those databases to enable prompt data access.''.
SEC. 6. NUCLEAR FORENSICS ADVISORY PANEL.
(a) Establishment.--The Secretary of Defense, the Secretary of
Energy, and the Secretary of Homeland Security shall establish a joint
independent Nuclear Forensics Advisory Panel of recognized experts not
directly associated with the Federal laboratories. The function of the
panel shall be to provide independent validation of any Federal nuclear
forensics analysis.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries referred to in subsection (a)
shall submit a report on the structure and membership of the panel
required by subsection (a). The report shall be submitted to--
(1) the Committee on Appropriations, Committee on Armed
Services, and Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Appropriations, Committee on Armed
Services, and Committee on Homeland Security and Government
Affairs of the Senate.
SEC. 7. PRESIDENTIAL REPORT ON INVOLVEMENT OF CABINET-LEVEL LEADERSHIP
IN CERTAIN EXERCISES THAT INCLUDE NUCLEAR FORENSICS
ANALYSIS.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit a report on the involvement of Cabinet-level
leadership in planned nuclear terrorism preparedness exercises that
have nuclear forensics analysis as a component of the exercise. The
report shall be submitted to--
(1) the Committee on Appropriations, Committee on Armed
Services, and Committee on Homeland Security of the House of
Representatives; and
(2) the Committee on Appropriations, Committee on Armed
Services, and Committee on Homeland Security and Government
Affairs of the Senate. | Nuclear Terrorism Deterrence and Detection Act - Declares that it is the sense of Congress that the Administrator for Nuclear Security should, with specified minimum levels of funding, establish a graduate fellowship program in nuclear chemistry and carry out research and development to improve the speed and accuracy of nuclear forensics radiation-measurement equipment.
Amends the National Defense Authorization Act for Fiscal Year 2008 to require a report to Congress on any legislative, regulatory, or treaty actions necessary to facilitate international cooperation in enhancement of international nuclear-material databases and the linking of those databases to enable prompt data access.
Directs the Secretaries of Defense, Energy, and Homeland Security to establish a joint independent Nuclear Forensics Advisory Panel of experts not directly associated with federal laboratories to provide independent validation of any federal nuclear forensics analysis.
Directs the President to report to specified congressional committees on the involvement of Cabinet-level leadership in planned nuclear terrorism preparedness exercises that include nuclear forensics analysis. | {"src": "billsum_train", "title": "To improve the Nation's nuclear forensics capability to help deter and respond to nuclear terrorism."} | 1,316 | 215 | 0.563898 | 1.669152 | 0.704952 | 4.759777 | 6.743017 | 0.938547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code Talkers Recognition Act''.
SEC. 2. EXPRESSION OF RECOGNITION.
The purpose of the medals authorized by this Act are to express
recognition by the United States and its citizens and to honor the
Native American Code Talkers who distinguished themselves in performing
highly successful communications operations of a unique type that
greatly assisted in saving countless lives and in hastening the end of
World War I and World War II.
TITLE I--SIOUX CODE TALKERS
SEC. 101. FINDINGS.
Congress finds the following:
(1) Sioux Indians used their native languages, Dakota,
Lakota, and Nakota Sioux, as code during World War II.
(2) These people, who manned radio communications networks
to advise of enemy actions, became known as the Sioux Code
Talkers.
(3) Under some of the heaviest combat action, the Code
Talkers worked around the clock to provide information which
saved the lives of many Americans in the Pacific and Europe,
such as the location of enemy troops and the number of enemy
guns.
(4) The Sioux Code Talkers were so successful that military
commanders credit the code with saving the lives of countless
American soldiers and being instrumental to the success of the
United States in many battles during World War II.
SEC. 102. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design, to each Sioux Code Talker, including the following:
(1) Eddie Eagle Boy.
(2) Simon Brokenleg.
(3) Iver Crow Eagle, Sr.
(4) Edmund St. John.
(5) Walter C. John.
(6) John Bear King.
(7) Phillip ``Stoney'' LaBlanc.
(8) Baptiste Pumpkinseed.
(9) Guy Rondell.
(10) Charles Whitepipe.
(11) Clarence Wolfguts.
TITLE II--COMANCHE CODE TALKERS
SEC. 201. FINDINGS.
The Congress finds the following:
(1) On December 7, 1941, the Japanese Empire attacked Pearl
Harbor, Hawaii, and the Congress declared war the following
day.
(2) The military code, developed by the United States for
transmitting messages, had been deciphered by the Axis powers,
and United States military intelligence sought to develop a new
means to counter the enemy.
(3) The United States Government called upon the Comanche
Nation to support the military effort by recruiting and
enlisting Comanche men to serve in the United States Army to
develop a secret code based on the Comanche language.
(4) At the time, the Comanches were second-class citizens,
and they were a people who were discouraged from using their
own language.
(5) The Comanches of the 4th Signal Division became known
as the ``Comanche Code Talkers'' and helped to develop a code
using their language to communicate military messages during
the D-Day invasion and in the European theater during World War
II.
(6) To the enemy's frustration, the code developed by these
Native American Indians proved to be unbreakable and was used
extensively throughout the European theater.
(7) The Comanche language, discouraged in the past, was
instrumental in developing one of the most significant and
successful military codes of World War II.
(8) The Comanche Code Talkers contributed greatly to the
Allied war effort in Europe and were instrumental in winning
the war in Europe. Their efforts saved countless lives.
(9) Only 1 of the Comanche Code Talkers of World War II
remains alive today.
(10) The time has come for the United States Congress to
honor the Comanche Code Talkers for their valor and their
service to the Nation.
(11) The congressional gold medals authorized by this title
are the recognition and honor by the United States and its
citizens of the Comanche Code Talkers who distinguished
themselves in performing a unique, highly successful
communications operation that greatly assisted in saving
countless lives and in hastening the end of World War II in
Europe.
SEC. 202. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design to each of the following Comanche Code Talkers of World War II,
in recognition of their contributions to the Nation:
(1) Charles Chibitty.
(2) Haddon Codynah.
(3) Robert Holder.
(4) Forrest Kassanovoid.
(5) Willington Mihecoby.
(6) Perry Noyebad.
(7) Clifford Otitivo.
(8) Simmons Parker.
(9) Melvin Permansu.
(10) Dick Red Elk.
(11) Elgin Red Elk.
(12) Larry Saupitty.
(13) Morris Sunrise.
(14) Willie Yackeschi.
TITLE III--CHOCTAW CODE TALKERS
SEC. 301. FINDINGS.
Congress finds the following:
(1) On April 6, 1917, the United States, after
extraordinary provocations, declared war on Germany, thus the
United States entered World War I, the War to End All Wars.
(2) At the time of this declaration of war, Indian people
in the United States, including members of the Choctaw Nation,
were not accorded the status of citizens of the United States.
(3) Without regard to this lack of citizenship, many
members of the Choctaw Nation joined many members of other
Indian tribes and nations in enlisting in the Armed Forces to
fight on behalf of their native land.
(4) Members of the Choctaw Nation were enlisted in the
force known as the American Expeditionary Force, which began
hostile actions in France in the fall of 1917, and
specifically, members of the Choctaw Nation were incorporated
in a company of Indian enlistees serving in the 142d Infantry
Company of the 36th Division.
(5) A major impediment to Allied operations in general, and
American operations in particular, was the fact that the German
forces had deciphered all codes used for transmitting
information between Allied commands, leading to substantial
loss of men and materiel during the first year of American
action.
(6) Because of the proximity and static nature of the
battle lines, a method to communicate without the knowledge of
the enemy was needed.
(7) An American commander realized the fact that he had
under his command a number of men who spoke a native language.
While the use of such native languages was discouraged by the
American Government, the commander sought out and recruited 18
Choctaw Indians to use for transmission of field telephone
communications during an upcoming campaign.
(8) Because the language used by the Choctaw soldiers in
the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions.
(9) The Choctaw soldiers were placed in different command
positions, to achieve the widest possible area for
communications.
(10) The use of the Choctaw Code Talkers was particularly
important in the movement of American soldiers in October of
1918 (including securing forward and exposed positions), in the
protection of supplies during American action (including
protecting gun emplacements from enemy shelling), and in the
preparation for the assault on German positions in the final
stages of combat operations in the fall of 1918.
(11) In the opinion of the officers involved, the use of
Choctaw Indians to transmit information in their native
language saved men and munitions, and was highly successful.
Based on this successful experience, Choctaw Indians were being
withdrawn from frontline units for training in transmission of
codes so as to be more widely used when the war came to a halt.
(12) The Germans never succeeded in breaking the Choctaw
code.
(13) This was the first time in modern warfare that such
transmission of messages in a native American language was used
for the purpose of confusing the enemy.
(14) This action by members of the Choctaw Nation is
another example of the commitment of American Indians to the
defense of our great Nation and adds to the proud legacy of
such service.
(15) The Choctaw Nation has honored the actions of these 18
Choctaw Code Talkers through a memorial bearing their names
located at the entrance of the tribal complex in Durant,
Oklahoma.
SEC. 302. CONGRESSIONAL GOLD MEDAL.
The Speaker of the House of Representatives and the President Pro
Tempore of the Senate shall make appropriate arrangements for the
presentation, on behalf of the Congress, of a gold medal of appropriate
design honoring the Choctaw Code Talkers.
TITLE IV--GENERAL PROVISIONS
SEC. 401. MEDALS FOR OTHER CODE TALKERS.
(a) Presentation Authorized.--In addition to the gold medals
authorized to be presented under section 102, 202, and 302, the Speaker
of the House of Representatives and the President Pro Tempore of the
Senate shall make appropriate arrangements for the presentation, on
behalf of the Congress, of a gold medal of appropriate design to any
other Native American Code Talker identified by the Secretary of
Defense pursuant to subsection (b) who has not previously received a
congressional gold medal.
(b) Identification of Other Native American Code Talkers.--
(1) In general.--Any Native American member of the United
States Armed Forces who served as a Code Talker in any foreign
conflict in which the United States was involved during the
20th Century shall be eligible for a gold medal under this
section.
(2) Determination.--Eligibility under paragraph (1) shall
be determined by the Secretary of Defense and such Secretary
shall establish a list of the names of such eligible
individuals before the end of the 120-day period beginning on
the date of the enactment of this Act.
SEC. 402. PROVISIONS APPLICABLE TO ALL MEDALS UNDER THIS ACT.
(a) Medals Awarded Posthumously.--Medals authorized by this Act may
be awarded posthumously on behalf of, and presented to the next of kin
or other representative of, a Native American Code Talker.
(b) Design and Striking.--
(1) In general.--For purposes of any presentation of a gold
medal under this Act, the Secretary of the Treasury shall
strike gold medals with suitable emblems, devices, and
inscriptions, to be determined by the Secretary.
(2) Designs emblematic of tribal affiliation.--The design
of the gold medals struck under this Act for Native American
Code talkers of the same Indian tribe shall be emblematic of
the participation of the Code Talkers of such Indian tribe.
(3) Indian tribe defined.--For purposes of this subsection,
the term ``Indian tribe'' has the same meaning as in section 4
of the Indian Self-Determination and Education Assistance Act.
SEC. 403. DUPLICATE MEDALS.
The Secretary of the Treasury may strike and sell duplicates in
bronze of the gold medals struck under this Act in accordance with such
regulations as the Secretary may prescribe, and at a price sufficient
to cover the costs thereof, including labor, materials, dies, use of
machinery, and overhead expenses, and the cost of the bronze medal.
SEC. 404. STATUS AS NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 405. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals
authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 403 shall be deposited in the United States
Mint Public Enterprise Fund.
Passed the House of Representatives June 18, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Code Talkers Recognition Act - Declares that the purposes of the medals authorized by this Act are to express recognition by the United States and its citizens and to honor the Native American Code Talkers who distinguished themselves in performing highly successful communications operations that greatly assisted in saving countless lives and in hastening the end of World War I and World War II.Title I: Sioux Code Talkers - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal to named Sioux Indians who served as Sioux Code Talkers during World War II.Title II: Comanche Code Talkers - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal to named Comanche Code Talkers of World War II in recognition of their contributions to the Nation.Title III: Choctaw Code Talkers - Provides for the award on behalf of Congress (where appropriate, posthumously) of a congressional gold medal honoring the Choctaw Code Talkers who transmitted information in their native language which was highly successful in saving men and munitions during World War I.Title IV: General Provisions - Provides for the award on behalf of Congress (where appropriate, posthumously) of a gold medal to any other Native American Code Talker identified by the Secretary of Defense.(Sec. 403) Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medals struck under this Act and to deposit the proceeds in the United States Mint Public Enterprise Fund to pay for the costs of the medals awarded under this Act. | {"src": "billsum_train", "title": "To authorize the presentation of gold medals on behalf of Congress to Native Americans who served as Code Talkers during foreign conflicts in which the United States was involved during the 20th Century in recognition of their service to the Nation."} | 2,664 | 368 | 0.649685 | 2.242221 | 0.775268 | 4.40636 | 8.65371 | 0.922261 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Postal Service Enhancement Act''.
TITLE I--RATEMAKING FLEXIBILITIES
SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.
Section 102 of title 39, United States Code, is amended by striking
``and'' at the end of paragraph (3), by striking the period at the end
of paragraph (4) and inserting a semicolon, and by adding at the end
the following:
``(5) `competitive product' refers to any postal product
which the Postal Rate Commission has determined, based on
appropriate economic factors prescribed by the Commission,
competes for business in a competitive market; and
``(6) `noncompetitive product' refers to any postal product
that is not a competitive product.''.
SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.
(a) Current Ratemaking Procedures Cease To Apply With Respect to
Competitive Products.--Section 3622(a) of title 39, United States Code,
is amended by adding at the end the following: ``This section shall
apply only in the case of noncompetitive products.''.
(b) Prohibition on Subsidizing Competitive Products.--Section
3622(b) of title 39, United States Code, is amended by striking ``and''
at the end of paragraph (8), by redesignating paragraph (9) as
paragraph (10), and by inserting after paragraph (8) the following:
``(9) the requirement that no rate or fee for a
noncompetitive product shall subsidize any rate or fee for a
competitive product; and''.
SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS
INCREMENTALLY.
Section 3624 of title 39, United States Code, is amended by adding
at the end the following:
``(e) If a request made by the Postal Service under section 3622
proposes that one or more rates of postage or fees for postal services
be changed incrementally, the recommended decision of the Commission
may include provisions responsive to that proposal.''.
SEC. 104. NEGOTIATED SERVICE AGREEMENTS.
Title 39, United States Code, is amended by inserting after section
3642 the following:
``Sec. 3643. Negotiated service agreements
``(a) The Postal Service may enter into negotiated service
agreements with mail users under this section and in accordance with
the policies of this title.
``(b) A negotiated service agreement may not be entered into unless
each of the following conditions is met:
``(1) The agreement can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
``(2) The Postal Service remains willing and able to enter
into similar negotiated service agreements with other similarly
situated mail users (determined without regard to size).
``(3) Rates and fees payable during the term of the
negotiated service agreement are reasonably calculated to yield
to the Postal Service total revenues (after taking into account
any costs avoided, and any additional costs incurred, by the
Postal Service pursuant to the agreement) at least equal to the
revenues that would be generated over that same period of time
by application of the rate or rates chargeable under the
classification or classifications of mail service most similar
to the services performed under the agreement.
``(c) A negotiated service agreement that involves one or more
noncompetitive products shall not become effective unless the Postal
Rate Commission first certifies, in accordance with such expedited
procedures as the Commission shall by regulation establish, that the
agreement meets the requirements of this section. Certifications under
this subsection may, notwithstanding section 3628, be appealed to any
court of appeals of the United States.
``(d) For purposes of this section, the term `negotiated service
agreement' means an agreement between a mail user and the Postal
Service requiring performance by the mail user, the Postal Service, or
both, of any combination of activities that, with respect to one or
more classes of mail, differs significantly from those that would
otherwise apply.''.
SEC. 105. COMPETITIVE PRODUCTS.
Subchapter II of chapter 36 of title 39, United States Code, is
amended by adding at the end the following:
``Sec. 3630. Competitive products
``(a) The Postal Service may offer competitive products under this
section and in accordance with the policies of this title.
``(b) A competitive product may not be offered unless each of the
following conditions is met:
``(1) The product can reasonably be expected to result in
net benefits to the operation of a nationwide postal system.
``(2) The rates or fees for the product--
``(A) comply with the factors specified in section
3622(b); and
``(B) are not subsidized by any rates or fees for
noncompetitive products.
``(c)(1) Interested parties who believe the Postal Service is
offering a competitive product which does not conform to the policies
set out in this title may lodge a complaint with the Postal Rate
Commission in such form and in such manner as it may prescribe. The
Commission may, in its discretion, hold hearings on such complaint and
may issue an order providing for such interim relief as the Commission
considers appropriate. The Commission shall issue an order deciding the
complaint as expeditiously as possible.
``(2) The Postal Service shall comply with orders of the Commission
under this subsection. Such orders may, notwithstanding section 3628,
be appealed to any court of appeals of the United States.
``(3) Section 3662 shall not apply to complaints relating to
competitive products.''.
SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.
(a) The heading for section 3622 of title 39, United States Code,
is amended to read as follows:
``Sec. 3622. Rates and fees for noncompetitive products''.
(b) The table of sections for chapter 36 of title 39, United States
Code, is amended--
(1) by striking the item relating to section 3622 and
inserting the following:
``3622. Rates and fees for noncompetitive products.'';
(2) by adding after the item relating to section 3629 the
following:
``3630. Competitive products.''; and
(3) by inserting after the item relating to section 3642
the following:
``3643. Negotiated service agreements.''.
SEC. 107. SAVINGS PROVISIONS.
(a) Postal Products; Rates and Fees.--Until otherwise provided in
accordance with title 39, United States Code (as amended by this title
or as deemed to have remained in effect under subsection (b), as the
case may be)--
(1) all postal products offered immediately before this Act
takes effect shall continue being offered; and
(2) all rates and fees in effect under such title
immediately before this Act takes effect shall remain in
effect.
(b) Proceedings Pending.--This title shall not affect any
proceedings pending immediately before the date of enactment of this
Act, and any such proceedings shall continue under applicable
provisions of title 39, United States Code, as last in effect before
such date of enactment, until completed or terminated in accordance
therewith.
TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT
SEC. 201. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Postal Efficiency and Enhancement'' (hereinafter in this
title referred to as the ``Commission'').
SEC. 202. FUNCTIONS OF THE COMMISSION.
The Commission shall review the present practices and
organizational structure of the United States Postal Service, with a
view toward identifying--
(1) areas of inefficiency or waste; and
(2) methods for improving operations involved in the
collection, processing, or delivery of mail.
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members appointed by the President, except that of those members--
(1) 2 shall be appointed from among individuals recommended
by the majority leader of the Senate; and
(2) 2 shall be appointed from among individuals recommended
by the Speaker of the House of Representatives.
(b) Qualifications.--An individual appointed to serve on the
Commission shall have expertise in mail delivery, organizational
efficiency, labor relations, or other relevant subject areas.
(c) Initial Appointments.--It is the sense of the Congress that the
members of the Commission should be appointed within 90 days after the
date of enactment of this Act.
(d) Chairman.--The Chairman of the Commission shall be designated
by the President.
(e) Pay.--Members shall be paid at a rate to be established by the
President, not to exceed the rate payable for level I of the Executive
Schedule under section 5312 of title 5, United States Code.
SEC. 204. ADMINISTRATION.
(a) In General.--The Chairman of the Commission shall exercise the
executive and administrative functions of the Commission, and may
appoint such staff as may be necessary for the operation of the
Commission.
(b) Information From Agencies.--The Commission may secure from any
department, agency, independent establishment, or other instrumentality
of the United States, any information necessary to enable it to carry
out its functions under this title. Upon receiving a request under the
preceding sentence, the head of the instrumentality involved shall, to
the extent authorized by law, furnish such information directly to the
Commission.
SEC. 205. REPORTING REQUIREMENTS.
The Commission shall transmit to the President and the Congress,
within 2 years after the date of enactment of this Act, a report
containing a detailed statement of the findings and conclusions of the
Commission, together with its recommendations for any legislation or
administrative actions which the Commission considers appropriate.
SEC. 206. TERMINATION.
The Commission shall terminate as of the date on which the work of
the Commission has been completed.
TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION
SEC. 301. ENHANCED AUTHORITIES.
Section 3604 of title 39, United States Code, is amended by adding
at the end the following:
``(f)(1) Any Commissioner of the Postal Rate Commission, any
administrative law judge appointed by the Commission under section 3105
of title 5, and any employee of the Commission designated by the
Commission, may administer oaths, examine witnesses, take depositions,
and receive evidence.
``(2) The Chairman of the Commission, any Commissioner designated
by the Chairman, and any administrative law judge appointed by the
Commission under section 3105 of title 5 may, with respect to any
proceeding conducted by the Commission under this title--
``(A) issue subpoenas requiring the attendance and
presentation of testimony, or the production of documentary or
other evidence in the possession, of any covered individual;
and
``(B) order the taking of depositions or responses to
written interrogatories by a covered individual.
``(3) In the case of contumacy or failure to obey a subpoena or
order issued under this subsection, upon application by the Commission,
the district court of the United States for the district in which the
person to whom the subpoena or order is addressed resides or is served
may issue an order requiring such person to appear at any designated
place to testify or produce documentary or other evidence. Any failure
to obey the order of the court may be punished by the court as a
contempt thereof.
``(4) For purposes of this subsection, the term `covered
individual' means an officer or employee or agent of the Postal Service
or of a contractor of the Postal Service.
``(g)(1) If the Postal Service determines that any testimony,
document, or other matter provided pursuant to a subpoena or order
issued under subsection (f), or otherwise provided by the Postal
Service to the Postal Rate Commission in connection with any proceeding
or other purpose under this title, contains information which is
described in section 410(c) of this title, or exempt from public
disclosure under section 552(b) of title 5, the Postal Service shall,
at the time such matter is provided to the Commission, notify the
Commission, in writing, of its determination (and the reasons
therefor).
``(2) The Commission shall establish procedures for ensuring, where
appropriate, the confidentiality of any information as to which it has
been notified under paragraph (1).''. | (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
- Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
- Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories. | {"src": "billsum_train", "title": "Postal Service Enhancement Act"} | 2,835 | 343 | 0.564176 | 1.890103 | 0.658022 | 3.345638 | 8.607383 | 0.942953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consortia-Led Energy and Advanced
Manufacturing Networks Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean technology.--The term ``clean technology'' means
a technology, production process, or methodology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, and other renewable energy
sources (as defined in section 609 of the Public
Utility Regulatory Policies Act of 1978 (7 U.S.C.
918c));
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy sources and distributed
generation, demand response, demand side management,
and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles;
(G) enhances water security through improved water
management, conservation, distribution, and end use
applications; or
(H) addresses challenges in advanced manufacturing
and supply chain integration.
(2) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean technologies whose
geographic proximity facilitates the use and sharing of skilled
human resources, infrastructure, research facilities,
educational and training institutions, venture capital, and
input suppliers.
(3) Consortium.--The term ``consortium'' means a clean
technology consortium established in accordance with this Act.
(4) Project.--The term ``project'' means an activity with
respect to which a consortium provides support under this Act.
(5) Qualifying entity.--The term ``qualifying entity''
means--
(A) a research university;
(B) a Federal or State institution with a focus on
developing clean technologies or clusters; and
(C) a nongovernmental organization with expertise
in translational research, clean technology, or cluster
development.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(7) Translational research.--The term ``translational
research'' means the coordination of basic or applied research
with technical applications to enable promising discoveries or
inventions to achieve commercial application.
SEC. 3. ESTABLISHMENT OF CLEAN TECHNOLOGY CONSORTIA PROGRAM.
(a) In General.--The Secretary shall establish and carry out a
program to establish clean technology consortia to enhance the
economic, environmental, and energy security of the United States by
promoting domestic development, manufacture, and deployment of clean,
state-of-the-art technologies.
(b) Program.--The Secretary shall carry out the program described
in subsection (a) by leveraging the expertise and resources of private
research communities, institutions of higher education, industry,
venture capital, National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)), and other participants in
technology innovation--
(1) to support collaborative, cross-disciplinary research
and development in areas not being served by the private
sector; and
(2) to develop and accelerate the commercial application of
innovative clean technologies.
(c) Role of the Secretary.--The Secretary shall--
(1) carry out and oversee all aspects of the program
described in subsection (a);
(2) select recipients of grants for the establishment and
operation of consortia through a competitive selection process;
and
(3) coordinate the innovation activities of consortia with
activities carried out by the Secretary of Energy, the
Secretary of Defense, other Federal agency heads, private
industry, and academia, including by annually--
(A) issuing guidance regarding national clean
technology and development priorities and strategic
objectives; and
(B) convening a conference relating to clean
technology, which shall bring together representatives
of Federal agencies, private industry, academia, and
other entities to share research and commercialization
results, program plans, and opportunities for
collaboration.
SEC. 4. APPLICATIONS.
(a) In General.--To receive support under this Act, a consortium
shall submit to the Secretary an application in such manner, at such
time, and containing such information as the Secretary determines to be
necessary.
(b) Eligibility.--A consortium shall be eligible to receive support
under this Act if--
(1) the consortium consists of--
(A) 1 or more research universities that can
demonstrate a significant annual clean technology
research budget, entrepreneurial support programs, and
technology licensing expertise; and
(B) a total of 5 or more qualifying entities that
can demonstrate expertise in translational research,
clean technology, and cluster development;
(2) the members of the consortium have established a
binding agreement that documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure that
enables cost-effective implementation of the program;
(C) a conflicts of interest policy;
(D) an accounting structure that meets the
requirements of the Secretary and that may be audited
under this Act; and
(E) the existence of an external advisory
committee;
(3) the consortium receives funding from non-Federal
sources, such as a State and participants of the consortium,
that may be used to support projects;
(4) the consortium is part of an existing cluster or
demonstrates high potential to develop a new cluster; and
(5) the consortium operates as a nonprofit organization or
as a public-private partnership under an operating agreement
led by a nonprofit organization.
(c) Selection.--The Secretary may disqualify an application from a
consortium under this Act if the Secretary determines that the
conflicts of interest policy of the consortium is inadequate.
(d) External Advisory Committees.--
(1) In general.--To be eligible to receive a grant under
this Act, a consortium shall establish an external advisory
committee, the members of which shall have extensive and
relevant scientific, technical, industry, financial, or
research management expertise.
(2) Duties.--An external advisory committee shall--
(A) review the proposed plans, programs, project
selection criteria, and projects of the consortium; and
(B) ensure that projects selected by the consortium
meet the applicable conflicts of interest policy of the
consortium.
(3) Members.--An external advisory committee shall consist
of--
(A) the Secretary;
(B) representatives of the members of the
consortium; and
(C) such representatives of private industry,
including entrepreneurs and venture capitalists, as the
Secretary and members of the consortium determine to be
necessary.
SEC. 5. GRANTS.
(a) In General.--The Secretary shall award grants, on a competitive
basis, to 6 or more consortia.
(b) Terms.--
(1) In general.--The initial term of a grant awarded under
this Act shall not exceed 5 years.
(2) Extension.--The Secretary may extend the term of a
grant awarded under this Act for a period of not more than 5
additional years.
(c) Amounts.--
(1) In general.--A grant awarded to a consortium under this
Act shall not exceed--
(A) $30,000,000 per fiscal year; or
(B) the collective contributions of non-Federal
entities to the consortium, as described in section
4(b)(3).
(2) Flexibility.--In determining the amount of a grant
under this section, the Secretary shall consider--
(A) the translational research capacity of the
consortium;
(B) the financial, human, and facility resources of
the qualifying entities; and
(C) the cluster of which the consortium is a part.
(3) Increases in amounts.--Subject to paragraph (1), a
consortium may request an increase in the amount of a grant
awarded under this Act at the time the consortium requests an
extension of an initial grant.
(d) Use of Amounts.--
(1) In general.--Subject to paragraph (3), a consortium
awarded a grant under this Act shall use the amounts to support
translational research, technology development, manufacturing
innovation, and commercialization activities relating to clean
technology.
(2) Project selection.--As a condition of receiving a grant
under this Act, a consortium shall--
(A) develop and make available to the public on the
website of the Department of Commerce proposed plans,
programs, project selection criteria, and terms for
individual project awards;
(B) establish conflicts of interest procedures,
consistent with those of the Department of Commerce, to
ensure that employees and designees for consortium
activities who are in decisionmaking capacities
disclose all material conflicts of interest, including
financial, organizational, and personal conflicts of
interest;
(C) establish policies--
(i) to prevent resources provided to the
consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the consortium;
(ii) to facilitate the participation of
private entities that invest in clean
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean technologies in
the development of consortium projects;
(D) oversee project solicitations, review proposed
projects, and select projects for awards; and
(E) monitor project implementation.
(3) Limitations.--
(A) Administrative expenses.--A consortium may use
not more than 10 percent of the amounts awarded to the
consortium for administrative expenses.
(B) Prohibition on use.--A consortium shall not use
any amounts awarded to the consortium under this Act to
construct a new building or facility.
(e) Audits.--
(1) In general.--A consortium that receives a grant under
this Act shall carry out, in accordance with such requirements
as the Secretary may prescribe, an annual audit to determine
whether the grant has been used in accordance with this Act.
(2) Report.--The consortium shall submit a copy of each
audit under paragraph (1) to the Secretary and the Comptroller
General of the United States.
(3) GAO review.--As a condition of receiving a grant under
this Act, a consortium shall allow the Comptroller General of
the United States, on the request of the Comptroller General,
full access to the books, records, and personnel of consortium.
(4) Reports to congress.--The Secretary shall submit to
Congress annually a report that includes--
(A) a copy of the audit described in paragraph (1);
and
(B) any recommendations of the Secretary relating
to the clean technology consortia program.
(f) Revocation of Awards.--The Secretary shall have the authority--
(1) to review grants awarded under this Act; and
(2) to revoke a grant awarded under this Act if the
Secretary determines that a consortium has used the grant in a
manner that is not consistent with this Act.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary to carry out this section $100,000,000.
(2) Rescission.--There is hereby rescinded, from
appropriated discretionary funds that remain available to the
Secretary for obligation as of the date of enactment of this
Act, $100,000,000. | Consortia-Led Energy and Advanced Manufacturing Networks Act - Directs the Secretary of Commerce to establish a program of clean technology consortia by leveraging the expertise and resources of private research communities, higher education institutions, industry, venture capital, National Laboratories, and other participants in technology innovation. Describes such technology as a technology, production process, or methodology that, among other things, produces energy from renewable sources, produces an advanced or sustainable material with energy or energy efficiency applications, improves energy efficiency or water conservation and management, or addresses challenges in advanced manufacturing and supply chain integration. Sets forth eligibility criteria for support under this Act, including regarding technology expertise, membership agreement policies, funding sources, and operation as a nonprofit organization or a public-private partnership under the leadership of a nonprofit organization. Requires a consortium, in order to receive a grant, to establish an external advisory committee to review plans, programs, and projects and ensure that projects comply with the consortium's conflict of interest policy. Provides the terms of grants, which shall not exceed five years initially. Limits grant amounts to $30 million per fiscal year or the collective contributions of non-federal entities. Requires grants to be used for support of translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. Sets forth audit and reporting requirements. | {"src": "billsum_train", "title": "Consortia-Led Energy and Advanced Manufacturing Networks Act"} | 2,494 | 295 | 0.656102 | 1.926214 | 0.777378 | 3.354086 | 9.198444 | 0.910506 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Christopher Bryski
Student Loan Protection Act'' or ``Christopher's Law''.
(b) Findings.--Congress finds the following:
(1) According to the Bureau of Consumer Financial
Protection (hereafter referred to as the ``CFPB'') Student Loan
Ombudsman:
(A) ``The CFPB received more than 3,100 private
student loan complaints and approximately 1,100 debt
collection complaints related to student loans between
October 1, 2014, and March 31, 2015.''.
(B) ``Co-signers complain that information about
discharge or alternative arrangements in the case of
death of the primary borrower is not readily available
and that decisions are made on a case-by-case basis,
giving co-signers little understanding of how the
process works, or if they will be successful.''.
(C) ``The complaints and input received by the CFPB
resemble many of the same issues experienced by
mortgage borrowers, such as improper application of
payments, untimeliness in error resolution, and
inability to contact appropriate personnel in times of
hardship.''.
(D) ``The difference between federal and private
student loans in periods of disability was not well-
understood.''.
(2) An estimated 1,700,000 people sustain a traumatic brain
injury each year, with older adolescents aged 15 to 19 years
old more likely to sustain a traumatic brain injury than other
age groups.
(3) It has been estimated that the annual incidence of
spinal cord injury, not including those who die at the scene of
an accident, is approximately 40 cases per 1,000,000 people in
the United States or approximately 12,000 new cases each year.
These injuries can lead to permanent disability or loss of
movement and can prohibit the victim from engaging in any
substantial gainful activity.
(4) According to the CFPB, more than 90 percent of new
private student loans are co-signed.
(5) According to the CFPB, private student loan companies
provide co-signer release to less than 1 percent of eligible
borrowers.
SEC. 2. ADDITIONAL STUDENT LOAN PROTECTIONS.
(a) In General.--Section 140 of the Truth in Lending Act (15 U.S.C.
1650) is amended by adding at the end the following:
``(g) Additional Protections Relating to Borrower or Co-Signer of a
Private Education Loan.--
``(1) Clear and conspicuous description of borrower's and
co-signer's obligation.--In the case of any private educational
lender who extends a private education loan, the lender shall
clearly and conspicuously describe, in writing, the co-signer's
obligations with respect to the loan, including the effect the
death, disability, or inability to engage in any substantial
gainful activity of the borrower or any co-signer would have on
any such obligation, in language that the Bureau determines
would give a reasonable person a reasonable understanding of
the obligation being assumed by becoming a co-signer for the
loan.
``(2) Prohibition on automatic default with respect to a
performing loan.--
``(A) Death, disability, or bankruptcy of co-
signer.--If a private education loan includes a co-
signer, a private educational lender may not take any
adverse action (including declaring a default,
accelerating any loan obligation, increasing the
interest rate, or altering any obligations under the
private education loan in a way that is adverse to the
borrower) against the borrower based on the death,
disability, or inability to engage in any substantial
gainful activity or bankruptcy of a co-signer.
``(B) Death, disability, or bankruptcy of
borrower.--If a private education loan includes a co-
signer, a private educational lender may not take any
adverse action (including declaring a default,
accelerating any loan obligation, increasing the
interest rate, or altering any obligations under the
private education loan in a way that is adverse to any
co-signer) against the co-signer based on the death,
disability, or inability to engage in any substantial
gainful activity, or bankruptcy of the borrower.
``(3) Co-signer release.--
``(A) Requirements for automatic release of co-
signer.--
``(i) Criteria established by the bureau.--
Not later than 180 days after the date of
enactment of this subsection, the Bureau shall
establish criteria, which if met by the
borrower of a private education loan, the
private educational lender or servicer of the
private education loan shall promptly release
any co-signer from the obligations of the co-
signer under the loan without requiring any
action on behalf of the borrower.
``(ii) Criteria established by lender.--A
private educational lender may establish
criteria for automatic release that are
different from the criteria described in clause
(i) if the criteria established by the lender
are not more restrictive with respect to the
borrower or any co-signer of the private
education loan than the criteria established
under clause (i).
``(B) Disclosure of criteria for co-signer
release.--A private educational lender shall--
``(i) include in the promissory note of a
private education loan the criteria under which
a co-signer may be released from the obligation
of the co-signer under a private education loan
under this subparagraph; and
``(ii) disclose to the borrower and any co-
signer at the time the private education loan
is consummated, clearly and conspicuously, the
criteria under which a co-signer may be
released from the obligation of the co-signer
under a private education loan.
``(C) Modifications to criteria.--The private
educational lender, or servicer of a private education
loan, as applicable, may not modify the criteria under
which a co-signer may be released from the obligation
of the co-signer under a private education loan if the
modification would be adverse to the borrower without
the consent of the borrower and applicable co-signer.
``(D) Notification on release.--A private
educational lender, or servicer, as applicable, shall
promptly notify the borrower and any co-signers for a
private education loan if a co-signer is released from
the obligations of the co-signer under the private
education loan under this subparagraph.
``(E) Modification of evaluation of
creditworthiness, credit standing, or credit
capacity.--In determining whether the criteria for a
co-signer release are met, a private educational lender
or servicer of a private education loan, as applicable,
may not evaluate the creditworthiness, credit standing,
or credit capacity of the borrower or a co-signer of
the private education loan using a standard that would
be more adverse to the borrower or co-signer, as
applicable, than the standard the private educational
lender used to evaluate the creditworthiness, credit
standing, or credit capacity of the borrower or co-
signer on the date on which the private education loan
was consummated.
``(4) Designation of individual to act on behalf of the
borrower.--In the case of any private educational lender who
extends a private education loan, the lender shall provide the
borrower an option to designate an individual to have the legal
authority to act on behalf of the borrower with respect to the
private education loan in the event of the borrower's death,
disability, or inability to engage in any substantial gainful
activity.
``(5) Counseling.--In the case of any private educational
lender who extends a private education loan, the lender shall
ensure that the borrower, and any co-signer, receives
comprehensive information on the terms and conditions of the
loan and of the responsibilities the borrower has with respect
to such loan, including the information described under
subparagraphs (H), (I), (K), (L), (M), and (N) of section
485(l)(2) of the Higher Education Act of 1965 (20 U.S.C.
1092(l)(2)).
``(6) Model form.--The Bureau shall publish a model form
under section 105 for describing a co-signer's obligation for
purposes of paragraph (1).
``(7) Definition of death, disability, or inability to
engage in any substantial gainful activity.--For the purposes
of this subsection with respect to a borrower or co-signer, the
term `death, disability, or inability to engage in any
substantial gainful activity'--
``(A) means any condition described in section
437(a) of the Higher Education Act of 1965 (20 U.S.C.
1087(a)); and
``(B) shall be interpreted by the Bureau in such a
manner as to conform with the regulations prescribed by
the Secretary of Education under section 437(a) of such
Act (20 U.S.C. 1087(a)) to the fullest extent
practicable, including safeguards to prevent fraud and
abuse.''.
(b) Definitions.--Subsection (a) of section 140 of the Truth in
Lending Act (15 U.S.C. 1650(a)) is amended--
(1) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) the term `co-signer'--
``(A) means any individual who is liable for the
obligation of another without compensation, regardless
of how designated in the contract or instrument;
``(B) includes any person whose signature is
requested as condition to grant credit or to forbear on
collection; and
``(C) does not include a spouse of an individual
referred to in subparagraph (A) whose signature is
needed to perfect the security interest in the loan;''.
(c) Rulemaking.--Not later than the end of the 1-year period
following the date of the enactment of this Act, the Bureau of Consumer
Financial Protection shall issue regulations to carry out section
140(g) of the Truth in Lending Act.
SEC. 3. FEDERAL STUDENT LOANS.
(a) Counseling Information.--Section 485(l)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding at
the end the following:
``(L) Information on the conditions required to
discharge the loan due to the death, disability, or
inability to engage in any substantial gainful activity
of the borrower in accordance with section 437(a).
``(M) Any repayment, refinance, deferment,
forbearance, or forgiveness opportunities available to
the borrower, or co-signer, in the event of either
individual's death, disability, or inability to engage
in any substantial gainful activity.
``(N) The effect that the death, disability, or
inability to engage in any substantial gainful activity
of the borrower would have on the obligations of the
borrower and any co-signer of the loan.''.
(b) Designation of Individual To Act on Behalf of the Borrower.--
Section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091) is
amended--
(1) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) file with the Secretary, as part of the original
financial aid application process, a certification, which need
not be notarized, but which--
``(A) shall include--
``(i) a statement of educational purpose
stating that the money attributable to such
grant, loan, or loan guarantee will be used
solely for expenses related to attendance or
continued attendance at such institution; and
``(ii) such student's social security
number; and
``(B) may include a designation by such student of
an individual who shall have the legal authority to act
on behalf of the student with respect to any loan to
the student under this title in the event of the
student's death, disability, or inability to engage in
any substantial gainful activity;''; and
(2) by adding at the end the following:
``(u) Option To Designate Individual To Act on Behalf of the
Borrower in Clear and Conspicuous Manner.--The option for a student to
make a designation described in subsection (a)(4)(B) shall be provided
in a clear and conspicuous manner to the student.''.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act, or an amendment made by this Act, shall be
construed to adversely affect the eligibility of a student to receive
any grant, loan, or work assistance under part C or part G of title IV
of the Higher Education Act of 1965 (42 U.S.C. 2751 et seq. and 20
U.S.C. 1088 et seq.) based on a designation, or lack thereof, under
section 484(a)(4)(B) of that Act, as added by section 3(b) of this Act. | Christopher Bryski Student Loan Protection Act or Christopher's Law This bill amends the Truth in Lending Act to require a private student loan lender to disclose clearly and conspicuously in writing a cosigner's obligations regarding a private student loan. The Consumer Financial Protection Bureau (CFPB) must publish a model form for such disclosure. The bill prohibits a private student loan lender from taking an adverse action against a borrower (e.g., placing a loan in default or accelerating a loan balance) upon a cosigner's death, disability, or bankruptcy. It also prohibits adverse actions against a cosigner for a borrower's death, disability, or bankruptcy. The CFPB must establish and a private student loan lender must disclose criteria for releasing a cosigner from a private student loan obligation. A private student loan lender must also: provide prompt notice of a cosigner's release; allow a borrower to designate a legal representative to make decisions upon the death or disability of such borrower; and ensure a borrower and cosigner receive comprehensive counseling on the terms, conditions, and responsibilities of a private student loan. Additionally, this bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand the required elements of entrance counseling for a federal student loan borrower to include: conditions for loan discharge upon the death or disability of a borrower, options for loan repayment and forgiveness upon the death or disability of a borrower or cosigner, and obligations of a borrower or cosigner upon the death or disability of a borrower. It requires clear and conspicuous disclosure of a student's option to designate a legal representative to make decisions about a federal student loan upon such student's death or disability. | {"src": "billsum_train", "title": "Christopher's Law"} | 2,956 | 402 | 0.479925 | 1.652999 | 0.776929 | 1.746914 | 8.225309 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mitochondrial Medicine Research and
Treatment Enhancement Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Mitochondrial disease results when there is a defect
that reduces the ability of the mitochondria in a cell to
produce energy. As the mitochondria fail to produce enough
energy, the cell will cease to function properly and will
eventually die. Organ systems will begin to fail, and the life
of the individual is compromised or ended.
(2) There are more than 40 specifically identified
mitochondrial diseases, but the vast majority have not yet been
identified.
(3) Mitochondrial diseases are a relatively newly diagnosed
group of diseases, first recognized in the late 1960s.
Diagnosis is extremely difficult for a number of reasons.
(4) Mitochondrial diseases can present themselves at any
age, with associated mortality rates that vary depending upon
the particular disease. The most severe diseases result in
progressive loss of neurological and liver function, and death
within several years.
(5) According to the National Institute of Environmental
Health Sciences, half of those affected by mitochondrial
disease are children, who show symptoms before age five and
approximately 80 percent of whom will not survive beyond the
age of 20.
(6) Mitochondrial dysfunction is also associated with
numerous other related disorders, including many common
neurological diseases (such as Parkinson's, Alzheimer's, ALS,
and autism), and other diseases associated with aging,
diabetes, cancer, and obesity.
(7) Mitochondrial disease is most commonly the result of
genetic mutation, either in the nuclear DNA or in the
mitochondrial DNA. Some mitochondrial diseases also are
attributable to environmental factors, including prescription
medications, that interfere with mitochondrial function.
(8) Researchers estimate that one in 4,000 children will
develop a mitochondrial disease related to an inherited
mutation by the age of 10 years, and that 1,000-2,000 children
are born each year in the United States who will develop
mitochondrial disease in their lifetimes. However, studies of
umbilical cord blood samples show that one in 200 children are
born with both normal and mutant mitochondrial DNA, and the
number of children with these mutations who actually develop a
disease is unknown.
(9) There are no cures for any of the specifically
identified mitochondrial diseases, nor is there a specific
treatment for any of these diseases.
(10) Improving our basic understanding of mitochondrial
function and dysfunction has potential application to numerous
areas of biomedical research. The National Institutes of Health
has taken an increased interest in mitochondrial disease and
dysfunction and has sponsored a number of activities in recent
years aimed at advancing mitochondrial medicine, including
incorporating research into functional variation in
mitochondria in the Transformative Research Grants Initiative.
(b) Purpose.--It is the purpose of this Act to promote an enhanced
research effort aimed at improved understanding of mitochondrial
disease and dysfunction and the development of treatments for
mitochondrial disease.
SEC. 3. ENHANCEMENT OF RESEARCH AND TREATMENT ACTIVITIES RELATED TO
MITOCHONDRIAL MEDICINE.
(a) Mitochondrial Medicine Research Enhancement.--Part A of title
IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is
amended--
(1) by redesignating section 404H as section 404I; and
(2) inserting after section 404G the following new section:
``SEC. 404H. OFFICE OF MITOCHONDRIAL MEDICINE.
``(a) Establishment.--There is established within the Office of the
Director of NIH an office to be known as the Office of Mitochondrial
Medicine (in this section referred to as the `Office'), which shall be
headed by a Director (in this section referred to as the `Director'),
appointed by the Director of NIH.
``(b) Mitochondrial Medicine Research Plan.--
``(1) In general.--The Director shall develop, make
publicly available, and implement a written plan to facilitate
research into mitochondrial medicine.
``(2) Contents.--The plan required under paragraph (1)
shall include the following objectives:
``(A) Improving coordination of research related to
mitochondrial medicine among the national research
institutes and between the National Institutes of
Health and outside researchers.
``(B) Providing training to research scientists and
health professionals engaged in research related to
mitochondrial medicine.
``(C) Providing training to health care providers
regarding the diagnosis of mitochondrial disease and
dysfunction.
``(D) Establishing scientific review groups with
expertise in mitochondrial medicine to oversee relevant
research projects in the National Institutes of Health.
``(3) Consultation.--In developing the plan under paragraph
(1), the Director shall consult with--
``(A) the Director of the National Cancer
Institute;
``(B) the Director of the National Institute of
Child Health and Human Development;
``(C) the Director of the National Institute of
Environmental Health Sciences;
``(D) the Director of the National Heart, Lung, and
Blood Institute;
``(E) the Director of the National Institute of
Neurological Disorders and Stroke;
``(F) the Director of the National Institute of
Diabetes and Digestive and Kidney Diseases;
``(G) the Director of the National Eye Institute;
and
``(H) the heads of such other institutes and
offices as the Director considers appropriate.
``(4) Updates.--The Director shall update the plan required
under paragraph (1) on a biennial basis.
``(c) Research Grants.--In addition to any grants otherwise awarded
by the National Institutes of Health for research in mitochondrial
medicine, the Director shall annually award--
``(1) at least five grants for integrated, multi-project
research programs related to mitochondrial medicine; and
``(2) at least five grants for planning activities
associated with integrated, multi-project research programs
related to mitochondrial medicine.
``(d) Centers of Excellence.--
``(1) In general.--The Director may award grants to
institutions or consortiums of institutions to establish
Mitochondrial Medicine Centers of Excellence to promote
interdisciplinary research and training related to
mitochondrial medicine.
``(2) Use of funds awarded.--A grant awarded under
paragraph (1) shall be used to--
``(A) conduct basic and clinical research related
to mitochondrial medicine;
``(B) facilitate training programs for research
scientists and health professionals seeking to engage
in research related to mitochondrial medicine;
``(C) develop and disseminate programs and
materials to provide continuing education to health
care professionals regarding the recognition,
diagnosis, and treatment of mitochondrial disease and
dysfunction; and
``(D) provide living stipends for research
scientists and health professionals enrolled in
mitochondrial research training programs.
``(e) National Registry; Biorepository.--
``(1) National registry.--The Director shall establish a
national registry for the maintenance and sharing for research
purposes of medical information collected from patients with
mitochondrial disease or dysfunction.
``(2) Biorepository.--The Director shall establish a
national biorepository for the maintenance and sharing for
research purposes of tissues and DNA collected from patients
with mitochondrial disease or dysfunction.
``(f) Definition.--In this section, the term `mitochondrial
medicine' means medical treatment related to mitochondrial disease or
dysfunction.''.
(b) Development of Mitochondrial Medicine Research Plan.--The
Director of the Office of Mitochondrial Medicine shall develop and make
publicly available the mitochondrial medicine research plan required
under section 404H(b)(1) of the Public Health Service Act, as added by
subsection (a) of this section, not later than 180 days after the date
of the enactment of this Act. | Mitochondrial Medicine Research and Treatment Enhancement Act - Amends the Public Health Service Act to establish within the Office of the Director of the National Institutes of Health (NIH) an Office of Mitochondrial Medicine (OMM).
Requires the OMM Director to develop, make publicly available, implement, and biennially update a written plan to facilitate research into mitochondrial medicine. Sets forth as plan objectives: (1) improving coordination of research related to mitochondrial medicine among the national research institutes and between NIH and outside researchers; (2) providing training to research scientists and health professionals engaged in research related to mitochondrial medicine; (3) providing training to health care providers regarding the diagnosis of mitochondrial disease and dysfunction; and (4) establishing scientific review groups with expertise in mitochondrial medicine to oversee relevant research projects in NIH.
Requires the OMM Director to award at least five grants, annually, for each of the following: (1) integrated, multi-project research programs related to mitochondrial medicine; and (2) planning activities associated with such programs.
Authorizes the Director to award grants to institutions or consortiums of institutions to establish Mitochondrial Medicine Centers of Excellence to promote interdisciplinary research and training related to mitochondrial medicine.
Requires the Director to establish: (1) a national registry for the maintenance and sharing for research purposes of medical information collected from patients with mitochondrial disease or dysfunction; and (2) a national biorepository for the maintenance and sharing for research purposes of tissues and DNA collected from such patients. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish an Office of Mitochondrial Medicine at the National Institutes of Health, and for other purposes."} | 1,722 | 327 | 0.47239 | 1.430797 | 0.691473 | 4.329861 | 5.524306 | 0.961806 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Combatting
Terrorism in Tunisia Emergency Support Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and declarations.
Sec. 4. Statement of policy regarding Tunisia.
Sec. 5. Assistance to strengthen and reform the security sector of
Tunisia.
Sec. 6. Assistance to support efforts of the Government of Tunisia to
combat terrorism.
Sec. 7. Assistance to support the military readiness of the Government
of Tunisia.
Sec. 8. Assistance to support democracy and civil society in Tunisia.
Sec. 9. Assistance to support increased border security for Tunisia.
Sec. 10. Economic reforms and assistance.
Sec. 11. Memorandum of understanding.
Sec. 12. Strategic plan.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Defense article; defense service; training.--The terms
``defense article'', ``defense service'', and ``training'' have
the meanings given those terms in section 47 of the Arms Export
Control Act (22 U.S.C. 2794 note).
SEC. 3. FINDINGS AND DECLARATIONS.
Congress finds and declares the following:
(1) Tunisia has been a critical ally of the United States
for more than 200 years, dating back to 1797 when the Treaty of
Peace and Friendship was signed, ensuring the safety and
availability of open sea lanes in the Mediterranean Sea.
(2) On December 10, 2010, the self-immolation of Tunisian
fruit vendor, Mohammed Bouazizi, inspired popular revolutions
across the region leading to political transitions in four
countries, often referred to as the ``Arab Spring'', and
initiating Tunisia's transition to democracy.
(3) In 2014, Tunisia became the first country with a
majority Muslim population in the Middle East or North Africa
to experience both Presidential and parliamentary political
transitions through free and fair democratic elections.
(4) Since 2011, more than 3,000 Tunisian citizens have gone
to fight in Syria making Tunisia one of the largest
contributors to foreign fighters in Syria.
(5) Tunisia shares a 285-mile border with neighboring Libya
and is currently hosting more than 1,000,000 Libyan refugees
fleeing the ongoing Libyan civil war and the Islamic State
(ISIS).
(6) ISIS in Libya controls the city of Sirte and
surrounding areas.
(7) The terrorist group Ansar al-Sharia (AAS) was founded
in April 2011 in Tunisia and is ideologically aligned with Al-
Qaeda in the Maghreb (AQIM) and ISIS. AAS is responsible for
the assassinations of Tunisian MP Mohamed Brahimi on July 25,
2013, and secular-democratic political activist Chokri Belaid
on February 6, 2013.
(8) On September 14, 2012, Ansar al-Sharia terrorists
attacked the United States Embassy compound, annex, and school
in Tunis, Tunisia, causing millions of dollars in damages.
(9) On January 10, 2014, Ansar al-Sharia was designated as
a foreign terrorist organization by the United States.
(10) On March 18, 2015, 18 people were killed in a
terrorist attack at the Bardo National Museum in Tunis,
Tunisia.
(11) On June 27, 2015, at least 39 people were killed and
36 injured in a terrorist attack on the beach of a hotel resort
in Sousse, Tunisia. The gunmen had received training and
support from ISIS in Libya.
(12) On May 21, 2015, Tunisia was designated as a major
non-NATO ally of the United States.
(13) On September 29, 2015, Tunisia joined the United
States-led coalition to counter ISIS.
(14) On November 24, 2015, ISIS militants conducted a bus
bombing, targeting the Tunisian Presidential guard and killing
12 people in Tunis, Tunisia.
(15) On March 7, 2016, ISIS militants crossed the Tunisian-
Libyan border assaulting the city of Ben Guerdane, Tunisia,
killing 55 people during the attack.
SEC. 4. STATEMENT OF POLICY REGARDING TUNISIA.
(a) In General.--It is the policy of the United States to further
assist the democratically elected Government of Tunisia in eliminating
terrorist organizations that operate in Tunisia and neighboring Libya
and preventing fighters in Syria from returning to Tunisia.
(b) Conduct of Policy.--The policy described in subsection (a)
shall be carried into effect, through a comprehensive effort, in
coordination with allies and partners of the United States, where
appropriate, that will strengthen the capabilities and coordination of
the internal security agencies, combat terrorism, strengthen military
readiness, assist in the improvement of the economic performance of
Tunisia, assist in the development of civil society and provide
assistance for border security, and other technical assistance.
SEC. 5. ASSISTANCE TO STRENGTHEN AND REFORM THE SECURITY SECTOR OF
TUNISIA.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) security is a fundamental component of political
stability and economic development;
(2) the security sector of Tunisia suffers from decades of
corruption and public mistrust under the Ben Ali period;
(3) significant reform is necessary to enable the Tunisian
security services to combat terrorism and reinforce the rule of
law;
(4) a corrupt security sector impedes development, deters
investment, perpetuates poverty, and undermines the rule of
law; and
(5) in making security sector reforms it is imperative that
the Government of Tunisia also protect the fundamental human
rights enshrined in Tunisia's constitution.
(b) Assistance Authorized.--The Secretary of State, acting directly
or through nongovernmental organizations, international organizations,
or related organizations, is authorized to provide assistance to
strengthen and reform the security sector of Tunisia, including to--
(1) facilitate better coordination among Tunisian security
agencies, including the General Directive for Public Safety,
the Directorate General of the Special Services, and the
Directorate General of Technical Services;
(2) increase accountability within the Ministry of the
Interior;
(3) improve training for members of the judiciary,
especially judges and prosecutors, instituting practices that
conform to international standards for the rule of law;
(4) increase police training programs that emphasize
locally inspired and informed curricula and methods; and
(5) strengthen civilian oversight of the security sector.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for International Narcotics Control and Law Enforcement
funding for fiscal year 2016, there is authorized to be appropriated to
the Secretary of State $13,000,000 for fiscal year 2017 to carry out
this section.
SEC. 6. ASSISTANCE TO SUPPORT EFFORTS OF THE GOVERNMENT OF TUNISIA TO
COMBAT TERRORISM.
(a) In General.--The Secretary of State, acting directly or through
nongovernmental, international organizations, or related organizations
is authorized to support efforts of the Government of Tunisia to combat
terrorism, including by--
(1) providing technical training and equipment to assist
Tunisia to protect facilities, individuals, and infrastructure;
(2) expanding training in the areas of crisis response and
tactical and command training;
(3) improving the capacity of Tunisian law enforcement to
investigate terrorist incidents; and
(4) increasing training to prevent and respond to
improvised explosive devices.
(b) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for Anti-terrorism Assistance funding for fiscal year
2016, there are authorized to be appropriated to the Secretary of State
$6,100,000 for fiscal year 2017 to carry out this section.
SEC. 7. ASSISTANCE TO SUPPORT THE MILITARY READINESS OF THE GOVERNMENT
OF TUNISIA.
(a) Sense of Congress.--It is the sense of Congress that
expeditious consideration of sale, lease or loan, grant, or transfers
of defense articles, defense services, and major defense equipment
under the Arms Export Control Act, Foreign Assistance Act of 1961, or
any other provision of law is consistent with United States policy to
assist the Government of Tunisia in eliminating terrorist organizations
that pose a threat to the national security and stability of Tunisia.
(b) Assistance Authorized.--
(1) In general.--The President is authorized to provide
defense articles, defense services, and training to the
Government of Tunisia for the purpose of countering terrorist
threats pursuant to the provisions of the Arms Export Control
Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), and other relevant provisions of
law.
(2) Types of assistance.--Assistance authorized under
paragraph (1) may include the provision of armored personnel
carriers, helicopters, reconnaissance surveillance drones, and
secure command and communications equipment.
(c) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a report
detailing the anticipated defense articles, defense services, and
training to be provided pursuant to this section and a timeline for the
provision of such defense articles, defense services, and training,
to--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Armed Services of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Armed Services of the
House of Representatives.
(d) Authorization of Appropriations.--
(1) Foreign military financing.--Of the amounts authorized
to be appropriated for Foreign Military Financing funding for
fiscal year 2017, there is authorized to be appropriated to the
Secretary of State $65,000,000 for fiscal year 2017 to carry
out this section.
(2) International military education and training.--Of the
amounts authorized to be appropriated for International
Military Education and Training funding for fiscal year 2017,
there is authorized to be appropriated to the Secretary of
State $2,300,000 for fiscal year 2017 to carry out this
section.
SEC. 8. ASSISTANCE TO SUPPORT DEMOCRACY AND CIVIL SOCIETY IN TUNISIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Tunisia represents one of the most promising
opportunities for a pluralistic and participatory democracy in
the Middle East and North Africa; and
(2) the success of Tunisia's peaceful pursuit of democracy
is an inspiration to, and model for, other countries in the
region, and should be fully supported by the United States as
it works to aid Tunisia to consolidate and build upon its
democratic gains.
(b) Assistance Authorized.--The Secretary of State, acting directly
or through nongovernmental organizations, international organizations,
or related organizations, is authorized to provide assistance to
support democracy and civil society in Tunisia, by--
(1) continuing the support of political party development
and improved communications with constituents;
(2) increasing the capacity of the Tunisian Parliament and
ministries to perform their mandated functions including by
providing the infrastructure necessary to modernize official
communications and records keeping;
(3) improving the public affairs functions of the
Government of Tunisia to communicate more effectively with
citizens across the country;
(4) increasing the professional capacity of support staff
in the Tunisian Parliament;
(5) encouraging the development of job creation programs
especially in the interior regions of Tunisia;
(6) supporting Tunisian civil society organizations focused
on government transparency and accountability;
(7) supporting Tunisian agencies and organizations engaged
in preparations for upcoming municipal elections;
(8) supporting Tunisian agencies and organizations engaged
in countering radicalization programs; and
(9) encouraging the development of employment assistance
programs targeted at youth and first time job seekers.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for Economic Support Fund funding for fiscal year 2017,
there is authorized to be appropriated to the Secretary of State
$74,000,000 for fiscal year 2017 to carry out this section.
SEC. 9. ASSISTANCE TO SUPPORT INCREASED BORDER SECURITY FOR TUNISIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) terrorist organizations such as Ansar al-Sharia and the
Islamic State have exploited the ongoing unrest in Libya and
created terrorist sanctuaries in ungoverned regions of Libya;
and
(2) such terrorist organizations have carried out cross-
border attacks inside Tunisia and therefore represent a
significant threat to the stability of the nascent democratic
government of Tunisia.
(b) Assistance Authorized.--The Secretary of State is authorized to
provide assistance to support increased border security for Tunisia by
enhancing Tunisia's capabilities to detect, identify, and interdict
illicit trafficking of weapons through intensive training and equipment
donation.
(c) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for Export Control and Related Border Security
Assistance funding for fiscal year 2017, there is authorized to be
appropriated to the Secretary of State $1,500,000 for fiscal year 2017
to carry out this section.
SEC. 10. ECONOMIC REFORMS AND ASSISTANCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) supporting Tunisia's orderly reform of its economic and
social sectors should be a priority of the United States;
(2) the Government of Tunisia has made notable progress
liberalizing its economy after decades of corruption and social
exclusion under the Ben Ali period but more reforms are needed
to solidify Tunisia's economic stability; and
(3) such reforms should aim to provide an environment that
is conducive to investment while maintaining important and
meaningful labor protections.
(b) Economic Reforms and Assistance.--
(1) Findings.--Congress finds the following:
(A) The World Bank has identified areas of the
Tunisian economy in need of immediate structural
reforms.
(B) Implementing these reforms may lead to short-
term economic hardships for many Tunisian citizens.
(2) Reprogramming authority.--In order to ameliorate these
short-term hardships and incentivize the Government of Tunisia
to continue implementing economic reforms, the Secretary of
State is authorized to reprogram funds from prior appropriated
but unobligated balances to carry out the activities in support
of Tunisia's economic reforms.
SEC. 11. MEMORANDUM OF UNDERSTANDING.
The Secretary of State is authorized, subject to the availability
of appropriations, to enter into a memorandum of understanding with the
Government of Tunisia to increase military cooperation, including joint
military exercises, personnel exchanges, and enhanced strategic
dialogue between the United States and Tunisia.
SEC. 12. STRATEGIC PLAN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a strategic plan to carry out this
Act.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) Clearly defined goals and objectives, including
definitions of success, benchmarks, and a process for
incorporating lessons learned.
(2) Robust monitoring and evaluation procedures for all
programs carried out under this Act.
(3) Intended implementing partners, including associated
roles, and procedures to increase coordination and
collaboration and eliminate overlap. | Combatting Terrorism in Tunisia Emergency Support Act of 2016 This bill declares that it is the policy of the United States to assist the government of Tunisia in eliminating terrorist organizations that operate in Tunisia and neighboring Libya and preventing fighters in Syria from returning to Tunisia. This bill expresses the sense of the Congress that: significant reform that protects fundamental human rights is necessary to enable the Tunisian security services to combat terrorism and reinforce the rule of law; expeditious consideration of sales, leases, grants, or transfers of defense articles, services, and equipment is consistent with U.S. policy to assist in eliminating terrorist organizations that threaten Tunisia's national security; Tunisia's peaceful pursuit of democracy should be fully supported by the United States; organizations such as Ansar al-Sharia and the Islamic State have created terrorist sanctuaries in Libya and represent a significant threat to Tunisia's democratic government; and supporting Tunisia's orderly reform of its economic and social sectors should be a U.S. priority. The bill authorizes the Department of State to: provide assistance to strengthen and reform Tunisia's security sector; support Tunisia's efforts to combat terrorism; provide assistance to support Tunisia's democracy and civil society; provide assistance to support Tunisia's border security by enhancing its capabilities to interdict illicit weapons trafficking; reprogram certain funds to support Tunisia's economic reforms; and enter into a memorandum of understanding with Tunisia to increase military cooperation, including joint military exercises, personnel exchanges, and enhanced strategic dialogue. The President is authorized to provide defense articles, services, and training to Tunisia to counter terrorist threats. The State Department shall submit a strategic plan within 90 days to carry out this bill. | {"src": "billsum_train", "title": "Combatting Terrorism in Tunisia Emergency Support Act of 2016"} | 3,478 | 397 | 0.553887 | 1.865661 | 0.711936 | 4.339506 | 9.67284 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Fe Quadricentennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Santa Fe, New Mexico, the site of native occupation
centuries before European incursions, was officially elevated
from a plaza established in 1608 to a villa and capital city in
1610 and has been the meeting place and home of many cultures.
(2) The Palace of the Governors, built in the early 17th
century, served as the governor's quarters and seat of
government under 3 flags and is the oldest continuously used
public building in the United States.
(3) La Fiesta de Santa Fe, a cultural, religious, and
social celebration, commemorating the resettlement of Santa Fe
by General Don Diego de Vargas in 1692 continues today as an
attraction for tourists and locals alike.
(4) At the nexus of 3 historically important trails, Santa
Fe brought people and goods together over the Santa Fe Trail to
and from Missouri, California, and Mexico City.
(5) Commerce on the Santa Fe Trail brought a much needed
boost to the American Midwest's economy during the recession of
the early 19th century.
(6) Santa Fe was the rendezvous place for traders, mountain
men, and ``Forty-Niners'' on route to California and is today
home to a multicultural citizenry and world class art market.
(7) The Santa Fe area has long attracted tourists, artists,
and writers, and is a center of market activity for arts and
culture year round, culminating in the world-renowned Indian
Market, Spanish Colonial Art Market, and International Folk Art
Market.
(8) New Mexico is the home to the oldest and continuously
inhabited indigenous communities in North America.
(9) Native communities now residing in New Mexico include
the following: Acoma Pueblo; Alamo Navajo Chapter; Canoncito
Navajo Chapter; Cochiti Pueblo; Isleta Pueblo; Jemez Pueblo;
Jicarilla Apache Tribe; Laguna Pueblo; Mescalero Apache Tribe;
Nambe Pueblo; Picuris Pueblo; Pojoaque Pueblo; Ramah Navajo
Chapter; San Felipe Pueblo; San Ildefonso Pueblo; San Juan
Pueblo; Sandia Pueblo; Santa Ana Pueblo; Santa Clara Pueblo;
Santo Domingo Pueblo; Taos Pueblo; Tesuque Pueblo; Zia Pueblo;
and Zuni Pueblo.
(10) Many other native communities or groups disappeared or
were moved after European contact.
(11) The Pueblo Revolt of 1680 is known to be one of the
first ``American Revolutions'' when the Pueblo people ousted
Spanish colonists from New Mexico.
(12) The Santa Fe area has long attracted tourists,
artists, and writers: the classic novel Ben Hur was written, in
part, by then Governor Lew Wallace, in the Palace of the
Governors.
(13) A commemorative coin will help to foster an
understanding and appreciation of New Mexico, its history and
culture, and the importance of Santa Fe and New Mexico to the
history of the United States and the world.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the quadricentennial of the
establishment of the City of Santa Fe, New Mexico, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--All coins minted under this Act shall be
considered to be numismatic items.
(d) Domestic Source of Bullion.--Gold and silver for coins minted
under this Act shall be acquired in the manner provided in subsections
(a)(3) and (b)(1) of section 5116 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 settlement of Santa Fe, New
Mexico, the oldest capital city in the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum'' on the obverse or reverse.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens 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,
2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f)(1), 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 as
follows:
(1) \1/2\ to santa fe 400th anniversary committee.--50
percent of the surcharges received by the Secretary shall be
paid to the Santa Fe 400th Anniversary Committee, Inc., to
support programs to promote the understanding of the legacies
of Santa Fe.
(2) \1/2\ to the secretary of the interior.--50 percent of
the surcharges received by the Secretary shall be paid to the
Secretary of the Interior for the following purposes:
(A) Sustaining the ongoing mission of preserving
Santa Fe.
(B) Enhancing national and international programs.
(C) Improving infrastructure and archaeological
research activities.
(D) Conducting other programs to support the
quadricentennial of the establishment of Santa Fe.
(c) Audits.--The Santa Fe 400th Anniversary Committee, Inc., and
the Secretary of the Interior shall be subject to the audit
requirements of section 5134(f)(2) of title 31, United States Code. | Santa Fe Quadricentennial Commemorative Coin Act - Instructs the Secretary of the Treasury, in commemoration of the quadricentennial of the City of Santa Fe, New Mexico, to issue $5 gold coins and $1 silver coins emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States.
Permits issuance of such coins only during calendar 2010.
Requires the Secretary to pay 50% of surcharges received from such coin sales to: (1) the Santa Fe 400th Anniversary Committee, Inc.; and (2) the Secretary of the Interior to sustain the ongoing mission of preserving Santa Fe, including educational programs, infrastructure and archaeological research activities, and other programs to support the quadricentennial of the establishment of Santa Fe. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the quadricentennial of the City of Santa Fe, New Mexico."} | 1,866 | 165 | 0.434268 | 1.447295 | 0.614425 | 4.51049 | 11.377622 | 0.93007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Federal Marijuana Prohibition
Act of 2015''.
SEC. 2. APPLICATION OF THE CONTROLLED SUBSTANCES ACT TO MARIHUANA.
(a) In General.--Part A of the Controlled Substances Act (21 U.S.C.
801 et seq.) is amended by adding at the end the following:
``SEC. 103. APPLICATION OF THIS ACT TO MARIHUANA.
``(a) Prohibition on Certain Shipping or Transportation.--This Act
shall not apply to marihuana, except that it shall be unlawful only to
ship or transport, in any manner or by any means whatsoever, marihuana,
from one State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, into any
other State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof, or from any
foreign country into any State, territory, or district of the United
States, or place noncontiguous to but subject to the jurisdiction
thereof, when such marihuana is intended, by any person interested
therein, to be received, possessed, sold, or in any manner used, either
in the original package or otherwise, in violation of any law of such
State, territory, or district of the United States, or place
noncontiguous to but subject to the jurisdiction thereof.
``(b) Penalty.--Whoever knowingly violates subsection (a) shall be
fined under title 18, United States Code, imprisoned not more than 1
year, or both.''.
(b) Table of Contents.--The table of contents for the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513; 84
Stat. 1236) is amended by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Application of this Act to marihuana.''.
SEC. 3. DEREGULATION OF MARIHUANA.
(a) Removed From Schedule of Controlled Substances.--Subsection (c)
of Schedule I of section 202(c) of the Controlled Substances Act (21
U.S.C. 812(c)) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
SEC. 4. CONFORMING AMENDMENTS TO CONTROLLED SUBSTANCES ACT.
The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), by striking
``subparagraphs (A), (B), and (D)'' and
inserting ``subparagraphs (A) and (B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''. | Ending Federal Marijuana Prohibition Act of 2015 This bill amends the Controlled Substances Act to remove marijuana and tetrahydrocannabinols from the list of Schedule I (highabuse potential, no accepted medical use, and severe safety concerns)controlled substances.However, the bill prohibits shipping or transporting marijuana interstate or from any foreign country into a U.S. jurisdiction in which its possession, use, or sale is prohibited. Additionally, the bill amends the Controlled Substances Import and Export Act to eliminate marijuana as a controlled substance under such Act. | {"src": "billsum_train", "title": "Ending Federal Marijuana Prohibition Act of 2015"} | 1,497 | 135 | 0.448748 | 1.206851 | 0.670972 | 1.829787 | 12.851064 | 0.680851 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NIST Small Business Cybersecurity
Act''.
SEC. 2. IMPROVING CYBERSECURITY OF SMALL BUSINESSES.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
(2) Resources.--The term ``resources'' means guidelines,
tools, best practices, standards, methodologies, and other ways
of providing information.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(b) Small Business Cybersecurity.--Section 2(e)(1)(A) of the
National Institute of Standards and Technology Act (15 U.S.C.
272(e)(1)(A)) is amended--
(1) in clause (vii), by striking ``and'' at the end;
(2) by redesignating clause (viii) as clause (ix); and
(3) by inserting after clause (vii) the following:
``(viii) consider small business concerns
(as defined in section 3 of the Small Business
Act (15 U.S.C. 632)); and''.
(c) Dissemination of Resources for Small Businesses.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director, in carrying out
section 2(e)(1)(A)(viii) of the National Institute of Standards
and Technology Act, as added by subsection (b) of this Act, in
consultation with the heads of other appropriate Federal
agencies, shall disseminate clear and concise resources to help
small business concerns identify, assess, manage, and reduce
their cybersecurity risks.
(2) Requirements.--The Director shall ensure that the
resources disseminated pursuant to paragraph (1)--
(A) are generally applicable and usable by a wide
range of small business concerns;
(B) vary with the nature and size of the
implementing small business concern, and the nature and
sensitivity of the data collected or stored on the
information systems or devices of the implementing
small business concern;
(C) include elements, that promote awareness of
simple, basic controls, a workplace cybersecurity
culture, and third-party stakeholder relationships, to
assist small business concerns in mitigating common
cybersecurity risks;
(D) include case studies of practical application;
(E) are technology-neutral and can be implemented
using technologies that are commercial and off-the-
shelf; and
(F) are based on international standards to the
extent possible, and are consistent with the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
(3) National cybersecurity awareness and education
program.--The Director shall ensure that the resources
disseminated under paragraph (1) are consistent with the
efforts of the Director under section 401 of the Cybersecurity
Enhancement Act of 2014 (15 U.S.C. 7451).
(4) Small business development center cyber strategy.--In
carrying out paragraph (1), the Director, to the extent
practicable, shall consider any methods included in the Small
Business Development Center Cyber Strategy developed under
section 1841(a)(3)(B) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328).
(5) Voluntary resources.--The use of the resources
disseminated under paragraph (1) shall be considered voluntary.
(6) Updates.--The Director shall review and, if necessary,
update the resources disseminated under paragraph (1) in
accordance with the requirements under paragraph (2).
(7) Public availability.--The Director and the head of each
Federal agency that so elects shall make prominently available
on the respective agency's public Internet website information
about the resources and updates to the resources disseminated
under paragraph (1). The Director and the heads shall each
ensure that the information they respectively make prominently
available is consistent, clear, and concise.
(d) Other Federal Cybersecurity Requirements.--Nothing in this
section may be construed to supersede, alter, or otherwise affect any
cybersecurity requirements applicable to Federal agencies.
(e) Funding.--This Act shall be carried out using funds otherwise
authorized to be appropriated or made available to the National
Institute of Standards and Technology.
Passed the House of Representatives October 11, 2017.
Attest:
KAREN L. HAAS,
Clerk. | NIST Small Business Cybersecurity Act (Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST) to consider small businesses when it facilitates and supports the development of voluntary, consensus-based, industry-led guidelines and procedures to cost-effectively reduce cyber risks to critical infrastructure. NIST must consult with other federal agencies to disseminate, and publish on its website, standard and method resources that small business may use voluntarily to help identify, assess, manage, and reduce their cybersecurity risks. The resources must: (1) include case studies of practical application, (2) be based on international standards to the extent possible, (3) be able to vary with the nature and size of the implementing small business and the sensitivity of the data collected or stored on the information systems, (4) be capable of promoting awareness of third-party stakeholder relationships to assist small businesses in mitigating common cybersecurity risks, and (5) be consistent with the national cybersecurity awareness and education program under the Cybersecurity Enhancement Act of 2014. Other federal agencies may elect to publish the resources on their own websites. | {"src": "billsum_train", "title": "NIST Small Business Cybersecurity Act of 2017"} | 996 | 247 | 0.649475 | 2.080487 | 0.815913 | 2.899123 | 3.855263 | 0.846491 |
SECTION 1. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(D) Indian veterans housing rental assistance
program.--
``(i) Definitions.--In this subparagraph:
``(I) Indian.--The term `Indian'
has the meaning given the term in
section 4 of the Indian Self-
Determination and Education Assistance
Act (25 U.S.C. 450b).
``(II) Indian area.--The term
`Indian area' has the meaning given the
term in section 4 of the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103).
``(III) Tribal organization.--The
term `tribal organization' has the
meaning given the term in section 4 of
the Indian Self-Determination and
Education Assistance Act (25 U.S.C.
450b).
``(ii) Authorization of program.--The
Secretary may use not more than 5 percent of
the amounts made available for rental
assistance under this subsection to carry out a
rental assistance and supportive housing
program, in conjunction with the Secretary of
Veterans Affairs, for the benefit of Indian
veterans who are homeless or at-risk of
homelessness and who are residing on or near an
Indian area.
``(iii) Model.--The program described in
clause (ii) shall be modeled on the rental
assistance and supportive housing program
authorized under this section and applicable
appropriations Acts, including administration
in conjunction with the Secretary of Veterans
Affairs, except that the Secretary may make
necessary and appropriate modifications to
facilitate the use of the program by Indian
grant recipients to serve eligible Indian
veterans.
``(iv) Eligible recipients.--Amounts for
rental assistance and associated administrative
costs under clause (ii) shall be made available
to recipients eligible to receive grants under
section 101 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4111).
``(v) Funding criteria.--Rental assistance
under clause (ii) shall be awarded based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria
established by the Secretary in a
notice published in the Federal
Register after consulting with the
Secretary of Veterans Affairs.
``(vi) Administration.--Rental assistance
made available under clause (ii) shall be
administered in accordance with the Native
American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et
seq.), except that grantees shall--
``(I) submit to the Secretary, in a
manner prescribed by the Secretary,
reports on the utilization of rental
assistance provided under the program;
and
``(II) provide to the Secretary
information specified by the Secretary
to assess the effectiveness of the
program in serving eligible veterans.
``(vii) Consultation.--The Secretary, in
coordination with the Secretary of Veterans
Affairs, shall consult with recipients of
grants under section 101 of the Native American
Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4111) and any other
appropriate tribal organization on the design
of the program to ensure the effective delivery
of rental assistance and supportive services to
persons eligible to receive assistance under
this subparagraph.
``(viii) Waiver.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary may waive or specify
alternative requirements for any
provision of law (including
regulations) that the Secretary
administers in connection with the use
of rental assistance made available
under this subparagraph if the
Secretary finds that the waiver or
alternative requirement is necessary
for the effective delivery and
administration of rental assistance
made available under this subparagraph
to Indian veterans.
``(II) Exception.--The Secretary
shall not waive or specify alternative
requirements under subclause (I) for
any provision of law (including
regulations) relating to labor
standards or the environment.''. | Amends the United States Housing Act of 1937 to authorize the Secretary of Housing and Urban Development (HUD) to carry out a rental assistance and supportive housing program, in conjunction with the Secretary of Veterans Affairs (VA), for the benefit of Indian veterans who are homeless or at-risk of homelessness and who are residing on or near Indian areas. Requires rental assistance under such program to be: (1) made available to recipients eligible for housing assistance block grants under the Native American Housing Assistance and Self-Determination Act of 1996; and (2) awarded based on need, administrative capacity, and any other funding criteria established by the HUD Secretary in a notice published in the Federal Register after consulting with the VA Secretary. | {"src": "billsum_train", "title": "A bill to provide for rental assistance for homeless or at-risk Indian veterans."} | 938 | 151 | 0.679605 | 1.887563 | 0.644017 | 4.014184 | 5.943262 | 0.907801 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jay S. Hammond Wilderness Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on July 21, 1922, Jay Sterner Hammond was born in Troy,
New York;
(2) Hammond studied petroleum engineering at Penn State
University, where he was a member of the Triangle Fraternity;
(3) Hammond later served as a Marine Corps fighter pilot,
serving--
(A) during World War II with the famous Black Sheep
Squadron in the South Pacific; and
(B) in China from 1945-1946;
(4) after leaving military service, Hammond flew to Alaska,
where Hammond worked as a Bush pilot, trapper, guide, and
laborer;
(5) a war-related illness caused Hammond to enroll at the
University of Alaska, Fairbanks, where Hammond earned his
degree in biological sciences in 1949;
(6) after graduating from the University of Alaska,
Fairbanks, Hammond went to work as a biologist, field agent,
and hunter for the United States Fish and Wildlife Service;
(7) in 1950, Hammond was transferred to Southwest Alaska,
where Hammond--
(A) conducted predator and prey studies on the
caribou herd of the Alaska Peninsula; and
(B) conducted fisheries enforcement efforts out of
Dillingham as a pilot;
(8) Hammond--
(A) was 1 of the first people to count 64 brown
bears at McNeil River in Southwest Alaska; and
(B) once recorded nearly 500,000 Black Brant geese
eclipsing the sun at Izembek Bay;
(9) Hammond later cruised the entire shoreline of 45-mile-
long Lake Clark counting wildlife and finding a future
homestead site on the shore of Lake Clark;
(10) upon Alaska entering the Union in 1959, Hammond ran
and won election to the Alaska State House of Representatives;
(11) Hammond served as an independent in the Alaska State
House of Representatives from 1959 to 1965;
(12) in 1960, Hammond changed his party affiliation to
Republican;
(13) after 3 terms in the Alaska State House of
Representatives, Hammond served as a State senator from 1967 to
1973;
(14) from 1972 to 1974, Hammond served as mayor of the
Bristol Bay Borough;
(15) during the 1960s and early 1970s, Hammond served as
the manager of Bristol Bay Borough during periods in which the
State legislature was not in session;
(16) in 1974, Hammond was drafted by friends to run for
Governor of Alaska, defeating former Republican Walter J.
Hickel in the primary, and defeating the first Governor of the
State, Democrat William A. Egan, in the general election;
(17) the 1974 campaign for Governor was dominated by--
(A) the opposition of Hammond to oil leasing in
Kachemak Bay;
(B) concern about State salmon fisheries and
environmental management; and
(C) fear about State overspending after the
discovery of oil on the North Slope;
(18) Hammond--
(A) won the Republican primary for Governor in 1974
by 7,874 votes; and
(B) won the general election for Governor in 1974
by a mere 221 votes after 2 recounts;
(19) in 1978, Hammond again defeated Walter J. Hickel in
the Republican primary by 98 votes, the closest margin in a
statewide election in the history of Alaska;
(20) Hammond defeated Walter J. Hickel, a write-in
candidate, and Democrat Chancy Croft in the 1978 General
Election by 16,000 votes;
(21) as Governor, Hammond--
(A) oversaw construction of the Trans-Alaska
Pipeline;
(B) championed the creation of the Alaska Permanent
Fund;
(C) authored the Alaska Permanent Fund Dividend
program, which provides citizens of Alaska a yearly
dividend check from interest earnings of the State
share of petroleum revenues placed in the Alaska
Permanent Fund;
(D) won approval of a constitutional budget
reserve;
(E) opposed the repeal of the State income tax;
(F) championed agricultural development in Interior
Alaska; and
(G) oversaw the purchase of the Alaska Railroad by
the State;
(22) with respect to environmental issues, Hammond--
(A) opposed construction of a proposed Ramparts
hydroelectric dam on the Yukon River;
(B) supported the congressional creation of a 200-
mile fisheries zone off the coast of the State, which
improved State fishery stocks;
(C) oversaw the creation of a limited entry
fisheries regime in the State;
(D) oversaw the creation of the largest State park
in the United States, the Wood Tikchik State Park in
Southwest Alaska, which contains 1,600,000 acres of
wilderness; and
(E) in 1980, as Governor, oversaw the enactment of
the Alaska National Interest Lands Conservation Act (16
U.S.C. 3101 et seq.), which--
(i) dissolved the placement of 120,000,000
acres of Alaska into protected status under
chapter 3203 of title 54, United States Code;
(ii) designated 104,000,000 acres of land
as units of the National Park System, units of
the National Wildlife Refuge System, National
Monuments, components of the National
Wilderness Preservation System, and components
of the National Wild and Scenic Rivers System;
(iii) added 5,500,000 acres in 14 new units
of the National Wilderness Preservation System;
(iv) added more than 40,000,000 acres in 10
new units of the National Park System,
including the 3,860,000-acre Lake Clark
National Park and Preserve, bringing to
54,000,000 acres the total size of National
Park System holdings in the State;
(v) added a number of new units of the
National Wildlife Refuge System in the State,
bringing to 19 the number of units of the
National Wildlife Refuge System covering
76,800,000 acres in the State;
(vi) created 13 components of the National
Wild and Scenic Rivers System running 3,131
miles; and
(vii) resulted in Alaska containing
57,900,000 acres of wilderness;
(23) a talented and prolific writer and poet, Hammond--
(A) presented to the University of Alaska Library
Archives an impressive collection of speeches,
testimony, notebooks, and papers; and
(B) wrote several books on life in Alaska,
including his first book entitled ``Tales of Alaska's
Bush Rat Governor'';
(24) Hammond died on August 2, 2005, at age 83, in his
sleep, at his homestead at Port Alsworth, Alaska, after having
survived--
(A) 5 plane crashes; and
(B) innumerable close calls with death, including
during--
(i) Hammond's first flight to Alaska and
numerous subsequent flights during Hammond's 59
years in the State; and
(ii) a fire at the homestead at Lake Clark;
(25) Hammond was survived by--
(A) his wife, Bella; and
(B) his daughters, Heidi and Dana, Dana, and
Wendy;
(26) Hammond--
(A) was well-respected for reaching across the
aisle to forge bipartisan alliances; and
(B) enjoyed many close friendships--
(i) with colleagues in both political
parties; and
(ii) members of his staff, who were deeply
loyal to Hammond; and
(27) the designation of the 2,600,000 acres of wilderness
in Lake Clark National Park and Preserve, in which the
homestead of Hammond is located, would--
(A) honor Hammond; and
(B) be a fitting tribute to the honorable life and
legacy of Hammond, who was described by the Anchorage
Municipal Assembly on August 7, 2005, as ``the finest
example of a true public servant . . . there are few
men who have influence through their quiet articulation
of what is right and fair in the way of Jay Hammond''.
SEC. 3. DESIGNATION OF JAY S. HAMMOND WILDERNESS AREA.
(a) Designation.--The approximately 2,600,000 acres of National
Wilderness Preservation System land located within the Lake Clark
National Park and Preserve designated by section 201(e)(7)(a) of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh(e)(7)(a)) shall be known and designated as the ``Jay S. Hammond
Wilderness Area''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the wilderness area
referred to in subsection (a) shall be deemed to be a reference to the
``Jay S. Hammond Wilderness Area''. | Jay S. Hammond Wilderness Act Designates approximately 2,600,000 acres of National Wilderness Preservation System land in the Lake Clark National Park and Preserve in Alaska as the "Jay S. Hammond Wilderness Area." | {"src": "billsum_train", "title": "Jay S. Hammond Wilderness Act"} | 1,928 | 59 | 0.466364 | 1.330939 | 0.20207 | 3.647059 | 51.764706 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Signature and Electronic
Authentication Law (SEAL) of 1998''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) technology has had a tremendous impact on the manner in
which banks and other financial institutions conduct their
businesses, and has affected virtually all aspects of their
operations;
(2) such changes relate not only to the creation,
retention, and delivery of documents and other information, but
also to the receipt and payment of funds, the purchase and sale
of goods and services, and other aspects of the ability of a
financial institution to communicate with and service its
customer base;
(3) financial and other transactions will increasingly be
carried over open electronic networks such as the Internet, and
through other methods where the identity of the parties
participating in such transactions may not be easily verifiable
and where there is a need to assure that information
transmitted among the parties has not been altered;
(4) banks, by virtue of their role in the Nation's payment
system, their relationships with their customers, and through
the prudent use of technology, are well placed to facilitate
financial transactions over such electronic media as the
Internet;
(5) the parties to such financial and other transactions
may previously have entered into agreements or system rules
pursuant to which the transactions subsequently take place
(known as ``closed system transactions'');
(6) if the formation of system rules and agreements are
otherwise valid and effective under applicable law, such as
under State contract law, the parties should be able to use
electronic authentication under the terms and conditions of
those system rules and agreements, to help ensure that the
development of electronic authentication will be appropriately
market driven;
(7) premature, conflicting, or unwise regulation can
inadvertently discourage the use of technology in financial
transactions, can inhibit the development of electronic
commerce, and can reduce security in financial transactions;
(8) it is appropriate for Congress to enable a framework
under which banks and their subsidiaries and affiliates can
participate in electronic commerce and electronic banking
without undue premature or unnecessary regulation, but under
which appropriate oversight is provided; and
(9) in particular, it is appropriate for the Board of
Governors of the Federal Reserve System to consult with the
other Federal and State banking regulators and report to the
Congress regarding the use of electronic authentication
techniques, in order to facilitate electronic commerce and
electronic banking, and to study the need for and wisdom of
consumer protection in the context of the developing area of
electronic commerce.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the participation by financial
institutions in the burgeoning area of electronic commerce and
electronic banking;
(2) to ensure that the interests of consumers are
adequately protected; and
(3) to avoid the effects of premature or conflicting
regulation that could inadvertently impede the development of
electronic banking and commerce or imperil the security of
electronic banking and commerce.
SEC. 3. AMENDMENTS TO THE BANK PROTECTION ACT OF 1968.
(a) Definitions.--Section 2 of the Bank Protection Act of 1968 (12
U.S.C. 1881) is amended--
(1) by inserting ``(a) Federal Supervisory Agency.--''
before ``As used'';
(2) in paragraph (4), by inserting ``associations'' before
the period; and
(3) by adding at the end the following:
``(b) Affiliate.--The term `affiliate' has the same meaning as in
section 2(k) of the Bank Holding Company Act of 1956.
``(c) Appropriate Federal Banking Agency.--The term `appropriate
Federal banking agency' has the same meaning as in section 3 of the
Federal Deposit Insurance Act, and includes the National Credit Union
Administration with respect to an insured credit union under the
Federal Credit Union Act.
``(d) Association.--The term `association' means an organization or
association engaged in receiving, sending, and settling payment
transactions and instructions, and includes credit and charge card
associations, payment clearinghouses, and automated teller machine
networks in which insured depository institutions are members or
stockholders or in which they participate, or which are supervised and
examined by 1 or more of the Federal banking agencies.
``(e) Bank Holding Company.--The term `bank holding company' has
the same meaning as in section 2 of the Bank Holding Company Act of
1956.
``(f) Document.--The term `document' means any message, instrument,
information, data, image, text, program, software, database, or the
similar item, regardless of how created, if such item can be retrieved
or displayed in a tangible form.
``(g) Electronic Authentication.--The term `electronic
authentication' means a cryptographic or other secure electronic
technique that allows the user of the technique--
``(1) to authenticate the identity of or information
associated with a sender of a document;
``(2) to determine that a document was not altered,
changed, or modified during its transmission to a recipient; or
``(3) to verify that a document received was sent by the
identified party claiming to be the sender.
``(h) Federal Banking Agency.--The term `Federal banking agency'
has the same meaning as in section 3 of the Federal Deposit Insurance
Act, and includes the National Credit Union Administration.
``(i) Financial Institution.--The term `financial institution'
means--
``(1) an insured depository institution and any branch,
representative office, or subsidiary thereof;
``(2) a bank holding company and any subsidiary thereof;
``(3) an affiliate of an insured depository institution;
``(4) an association;
``(5) a foreign bank maintaining an agency or branch (as
such terms are defined in section 1(b) of the International
Banking Act of 1978) in the United States; or
``(6) any entity that is not described in paragraphs (1)
through (5) that is a financial institution, as defined in
section 903 of the Electronic Fund Transfer Act, or a card
issuer, as defined in section 103 of the Truth in Lending Act,
but only to the extent that the transactions of such entity are
subject to those Acts, respectively,
that affirmatively elects to be subject to the provisions of this Act
by providing appropriate notice of such election in accordance with any
commercially reasonable practice.
``(j) Insured Depository Institution.--The term `insured depository
institution' has the same meaning as in section 3 of the Federal
Deposit Insurance Act.
``(k) State Bank Supervisor.--The term `State bank supervisor' has
the same meaning as in section 3 of the Federal Deposit Insurance Act.
``(l) Subsidiary.--The term `subsidiary'--
``(1) has the same meaning as in section 2(d) of the Bank
Holding Company Act of 1956; and
``(2) includes a `subsidiary', as defined in section
23A(b)(4) of the Federal Reserve Act.''.
(b) Electronic Commerce.--The Bank Protection Act of 1968 (12
U.S.C. 1881 et seq.) is amended by adding at the end the following new
sections:
``SEC. 6. ELECTRONIC AUTHENTICATION OF DOCUMENTS.
``(a) Electronic Authentication of Documents, Information, and
Identity.--
``(1) In general.--A financial institution may use
electronic authentication in the conduct of its business if it
has entered into an agreement regarding the use of electronic
authentication with any counterparty, or if it has established
a banking, financial, or transactional system using electronic
authentication.
``(2) Applicable rules.--The establishment and use of
electronic authentication pursuant to this section shall be
valid according to the relevant agreements or system rules.
``(b) Oversight.--
``(1) In general.--The appropriate Federal banking agency
or the appropriate State bank supervisor may preclude, by
regulation or order, an insured depository institution or a
subsidiary or affiliate thereof, or other institution subject
to its jurisdiction, from using electronic authentication in
the conduct of its business if it determines that--
``(A) such use would not be consistent with safe
and sound banking practices; or
``(B) such use would threaten the safety and
soundness of the institution, subsidiary, or affiliate.
``(2) State authority.--
``(A) In general.--No financial institution shall--
``(i) be regulated by, be required to
register with, or be certified, licensed, or
approved by; or
``(ii) be limited by or required to act or
operate under standards, rules, or regulations
promulgated by,
a State government or agency or instrumentality thereof
with regard to the use of electronic authentication,
including acting as a digital certification authority
or performing a similar role, pursuant to this Act.
``(B) Limitation on fees.--No State may--
``(i) impose a fee with respect to
electronic authentication services performed by
a financial institution subject to the
provisions of this Act; or
``(ii) impose any required minimum fee or
otherwise limit the fee that may be charged by
a financial institution with respect to
electronic authentication services subject to
the provisions of this Act.
``(C) Other regulatory authority.--Nothing in this
subsection precludes a State bank supervisor from
regulating a State-chartered financial institution that
is otherwise subject to its jurisdiction.
``(D) Consumer protection.--Nothing in this section
impairs the rights afforded to consumers under State
general consumer protection laws.
``SEC. 7. CONSUMER PROTECTION.
``Nothing in section 6(a) shall be construed to impair the rights
afforded to consumers under--
``(1) the Truth in Lending Act or the Electronic Fund
Transfer Act, or the implementing regulations of the Federal
Reserve Board thereunder applicable to electronic funds
transfers from a consumer account or extension of credit to
consumers; or
``(2) any State law of a similar nature or purpose.''.
SEC. 4. FEDERAL RESERVE BOARD STUDY.
(a) Report.--Not later than July 1, 2000, the Board of Governors of
the Federal Reserve System (hereafter in this section referred to as
the ``Board''), in consultation with the Federal banking agencies and
State bank supervisors, shall report to the Congress regarding the use
of electronic authentication under section 6 of the Bank Protection Act
of 1968, as added by this Act by financial institutions.
(b) Considerations.--In preparing the report required under
subsection (a), the Board shall include consideration of--
(1) the appropriateness of applying the consumer protection
provisions of the Truth in Lending Act, and the Electronic Fund
Transfer Act, or the implementing regulations of the Board
promulgated thereunder, to such transactions;
(2) whether protections for consumers should be changed in
light of the experience of financial institutions and consumers
in transactions where electronic authentication is used in
connection with third-party assurances; and
(3) the need for consultation and coordination with other
nations concerning the international use of electronic
authentication by financial institutions and others, with the
purposes of--
(A) encouraging simplified regulatory governance,
foreign recognition of electronic authentication under
this Act, and United States recognition of foreign
electronic authentication;
(B) encouraging the greatest possible
interoperability across borders;
(C) imposing the least possible regulation
consistent with security and safety and soundness
considerations;
(D) promoting the smooth functioning of the
payments system; and
(E) facilitating the opportunity for financial
institutions to participate freely and fairly in
foreign markets.
(c) Incorporation of Defined Terms.--Any term used in this section
that is defined in section 2 of the Bank Protection Act of 1968 (as
amended by this Act) shall have the same meaning as in that section 2.
SEC. 5. RULES OF CONSTRUCTION.
(a) Effect on Use.--Nothing in this Act or the amendments made by
this Act may be construed to limit the right of any financial
institution or other entity to use electronic authentication or other
authentication technique in the conduct of its business.
(b) Effect on Otherwise Lawful Agreements.--Except as otherwise
specifically provided, nothing in this Act or the Bank Protection Act
of 1968, as amended by this Act, shall be construed to affect the
validity of the formation of relevant agreements or system rules in
accordance with the provisions of otherwise applicable Federal or State
law. | Digital Signature and Electronic Authentication Law (SEAL) of 1998 - Amends the Bank Protection Act of 1968 to authorize a financial institution to use electronic authentication in business transactions if it has entered into an agreement to do so with a counterparty, or has established a banking, financial or transactional system using electronic authentication.
Empowers the appropriate Federal or State bank supervisor to preclude the use of electronic authentication if it determines that such use is inconsistent with or threatens the safety and soundness of the institution.
Prohibits a State government, agency, or instrumentality from acting as digital certification authority or imposing fees with respect to electronic authentication services.
Requires the Board of Governors of the Federal Reserve System to report to the Congress on the use of electronic authentication, including certain considerations regarding consumer protections, and the international use of electronic authentication by financial institutions. | {"src": "billsum_train", "title": "Digital Signature and Electronic Authentication Law (SEAL) of 1998"} | 2,767 | 190 | 0.481607 | 1.386113 | 0.87219 | 3.118012 | 16.217391 | 0.931677 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Do Not Track Online Act of 2015''.
SEC. 2. REGULATIONS RELATING TO ``DO-NOT-TRACK'' MECHANISMS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate--
(1) regulations that establish standards for the
implementation of a mechanism by which an individual can simply
and easily indicate whether the individual prefers to have
personal information collected by providers of online services,
including by providers of mobile applications and services; and
(2) rules that prohibit, except as provided in subsection
(b), such providers from--
(A) collecting personal information on individuals
who have expressed, via a mechanism that meets the
standards promulgated under paragraph (1), a preference
not to have such information collected; and
(B) discriminating against individuals described in
subparagraph (A).
(b) Exception.--The rules promulgated under paragraph (2) of
subsection (a) shall allow for the collection and use of personal
information on an individual described in such paragraph,
notwithstanding the expressed preference of the individual via a
mechanism that meets the standards promulgated under paragraph (1) of
such subsection, to the extent--
(1) necessary to provide a service requested by the
individual, including with respect to such service, basic
functionality and effectiveness, so long as such information is
anonymized or deleted upon the provision of such service; or
(2) the individual--
(A) receives clear, conspicuous, and accurate
notice on the collection and use of such information;
and
(B) affirmatively consents to such collection and
use.
(c) Factors.--In promulgating standards and rules under subsection
(a), the Federal Trade Commission shall consider and take into account
the following:
(1) The appropriate scope of such standards and rules,
including the conduct to which such rules shall apply and the
persons required to comply with such rules.
(2) The technical feasibility and costs of--
(A) implementing mechanisms that would meet such
standards; and
(B) complying with such rules.
(3) Mechanisms that--
(A) have been developed or used before the date of
the enactment of this Act; and
(B) are for individuals to indicate simply and
easily whether the individuals prefer to have personal
information collected by providers of online services,
including by providers of mobile applications and
services.
(4) The experience of individuals using the mechanisms
regarding the ease of use and practicality of the mechanisms,
including the universality, persistence, and stability of
preferences expressed through the mechanisms.
(5) How mechanisms that meet such standards should be
publicized and offered to individuals.
(6) Whether and how information can be collected and used
on an anonymous basis so that the information--
(A) cannot be reasonably linked or identified with
a person or device, both on its own and in combination
with other information; and
(B) does not qualify as personal information
subject to the rules promulgated under subsection
(a)(2).
(7) The standards under which personal information may be
collected and used, subject to the anonymization or deletion
requirements of subsection (b)(1)--
(A) to fulfill the basic functionality and
effectiveness of an online service, including a mobile
application or service;
(B) to provide the content or services requested by
individuals who have otherwise expressed, via a
mechanism that meets the standards promulgated under
subsection (a)(1), a preference not to have personal
information collected; and
(C) for such other purposes as the Commission
determines substantially facilitates the functionality
and effectiveness of the online service, or mobile
application or service, in a manner that does not
undermine an individual's preference, expressed via
such mechanism, not to collect such information.
(d) Personal Information.--In this section, the term ``personal
information'' includes persistent identifiers such as Internet Protocol
(IP) addresses, media access control (MAC) addresses, and other unique
device identifiers.
(e) Rulemaking.--The Federal Trade Commission shall promulgate the
standards and rules required by subsection (a) in accordance with
section 553 of title 5, United States Code.
SEC. 3. ENFORCEMENT OF ``DO-NOT-TRACK'' MECHANISMS.
(a) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
a rule promulgated under section 2(a)(2) shall be treated as an
unfair and deceptive act or practice in violation of a
regulation under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or
deceptive acts or practices.
(2) Powers of commission.--
(A) In general.--Except as provided in subparagraph
(C), the Federal Trade Commission shall enforce this
Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this Act
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations.--The Federal Trade
Commission shall enforce this Act with respect to an
organization that is not organized to carry on business
for its own profit or that of its members as if such
organization were a person over which the Commission
has authority pursuant to section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
(b) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to a rule
promulgated under section 2(a)(2) in a practice that violates
the rule, the attorney general of the State may, as parens
patriae, bring a civil action on behalf of the residents of the
State in an appropriate district court of the United States--
(A) to enjoin further violation of such rule by
such person;
(B) to compel compliance with such rule;
(C) to obtain damages, restitution, or other
compensation on behalf of such residents;
(D) to obtain such other relief as the court
considers appropriate; or
(E) to obtain civil penalties in the amount
determined under paragraph (2).
(2) Civil penalties.--
(A) Calculation.--Subject to subparagraph (B), for
purposes of imposing a civil penalty under paragraph
(1)(E) with respect to a person that violates a rule
promulgated under section 2(a)(2), the amount
determined under this paragraph is the amount
calculated by multiplying the number of days that the
person is not in compliance with the rule by an amount
not greater than $16,000.
(B) Maximum total liability.--The total amount of
civil penalties that may be imposed with respect to a
person that violates a rule promulgated under section
2(a)(2) shall not exceed $15,000,000 for all civil
actions brought against such person under paragraph (1)
for such violation.
(C) Adjustment for inflation.--Beginning on the
date on which the Bureau of Labor Statistics first
publishes the Consumer Price Index after the date that
is 1 year after the date of the enactment of this Act,
and annually thereafter, the amounts specified in
subparagraphs (A) and (B) shall be increased by the
percentage increase in the Consumer Price Index
published on that date from the Consumer Price Index
published the previous year.
(3) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(5) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of a rule
promulgated under section 2(a)(2), the attorney general of a
State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in
the complaint of the Commission for the violation with respect
to which the Commission instituted such action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(c) Private Right of Action.--
(1) In general.--A person may, if otherwise permitted by
the laws or rules of court of a State, bring in an appropriate
court of that State--
(A) an action based on a violation of a rule
promulgated under section 2(a)(2) to enjoin such
violation;
(B) an action to recover for actual monetary loss
from such a violation, or to receive $500 in damages
for each such violation, whichever is greater; or
(C) both such actions.
(2) Increased penalties.--If the court finds that the
defendant willfully or knowingly violated a rule promulgated
under section 2(a)(2), the court may, in its discretion,
increase the amount of the award to an amount equal to not more
than 3 times the amount available under paragraph (1)(B).
SEC. 4. BIENNIAL REVIEW AND ASSESSMENT.
Not later than 2 years after the effective date of the regulations
initially promulgated under section 2, the Federal Trade Commission
shall--
(1) review the implementation of this Act;
(2) assess the effectiveness of such regulations, including
how such regulations define or interpret the term ``personal
information'' as such term is used in section 2;
(3) assess the effect of such regulations on online
commerce; and
(4) submit to Congress a report on the results of the
review and assessments required by this section. | Do Not Track Online Act of 2015 This bill requires the Federal Trade Commission (FTC) to promulgate: (1) regulations that establish standards for the implementation of a mechanism by which individuals can indicate whether they prefer to have personal information collected by providers of online services, including by providers of mobile applications and services; and (2) rules that prohibit such providers from collecting personal information on, and from discriminating against, individuals who have expressed a preference not to have such information collected. "Personal information" includes IP addresses, media access control addresses, and other unique device identifiers. The rules must allow for the collection and use of personal information, notwithstanding the expressed preference of the individual, if: (1) the information is necessary to provide a service requested by the individual so long as identifying particulars are removed or the information is deleted upon the provision of such service; or (2) the individual receives clear, conspicuous, and accurate notice on, and consents to, such collection and use. The bill provides for FTC and state enforcement of such rules and regulations. If permitted under state law, a person may bring a private action to enjoin a violation or to receive monetary damages. | {"src": "billsum_train", "title": "Do Not Track Online Act of 2015"} | 2,741 | 254 | 0.698814 | 2.126934 | 0.811343 | 4.321888 | 10.987124 | 0.939914 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Rights Enforcement
Improvement Act of 2012''.
SEC. 2. MODIFICATION OF PLAINTIFF AFFIDAVIT FILING REQUIREMENT FOR
DEFAULT JUDGMENTS AGAINST SERVICEMEMBERS.
Paragraph (1) of section 201(b) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 521(b)) is amended to read as follows:
``(1) Plaintiff to file affidavit.--
``(A) In general.--In any action or proceeding
covered by this section, the plaintiff, before seeking
a default judgment, shall file with the court an
affidavit--
``(i) stating whether or not the defendant
is in military service and showing necessary
facts to support the affidavit; or
``(ii) if the plaintiff is unable to
determine whether or not the defendant is in
military service, stating that the plaintiff is
unable to determine whether or not the
defendant is in military service.
``(B) Due diligence.--Before filing the affidavit,
the plaintiff shall conduct a diligent and reasonable
investigation to determine whether or not the defendant
is in military service, including a search of available
records of the Department of Defense and any other
information available to the plaintiff. The affidavit
shall set forth in the affidavit all steps taken to
determine the defendant's military status.''.
SEC. 3. PRIVATE RIGHT OF ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) Increase in Civil Penalties for SCRA Violations.--Section
801(b)(3) of the Servicemembers Civil Relief Act (50 U.S.C. App.
597(b)(3)) is amended--
(1) in subparagraph (A), by striking ``$55,000'' and
inserting ``$110,000''; and
(2) in subparagraph (B), by striking ``$110,000'' and
inserting ``$220,000''.
(b) Clarification of Application of Actions by Attorney General and
Private Rights of Action.--Section 801 of such Act (50 U.S.C. App.
597), as amended by this section, and section 802 of such Act (50
U.S.C. App. 597a) shall apply with respect to any violation of such
Act, regardless of whether such violation occurred on or before October
13, 2010, in accordance with any statutory period of limitation
regarding such violation.
SEC. 4. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED SERVICES WITH
RESPECT TO STATES AND PRIVATE EMPLOYERS.
(a) Action for Relief.--Subsection (a) of section 4323 of title 38,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``appear on behalf of, and act as
attorney for, the person on whose behalf the complaint
is submitted and'';
(B) by striking ``for such person'';
(C) by striking the fourth sentence; and
(D) by adding at the end the following: ``The
person on whose behalf the complaint is referred may,
upon timely application, intervene in such action, and
may obtain such appropriate relief as is provided in
subsections (d) and (e).'';
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2)(A) Not later than 60 days after the date the Attorney General
receives a referral under paragraph (1), the Attorney General shall
transmit, in writing, to the person on whose behalf the complaint is
submitted--
``(i) if the Attorney General has made a decision to
commence an action for relief under paragraph (1) relating to
the complaint of the person, notice of the decision; and
``(ii) if the Attorney General has not made such a
decision, notice of when the Attorney General expects to make
such a decision.
``(B) If the Attorney General notifies a person that the Attorney
General expects to make a decision under subparagraph (A)(ii), the
Attorney General shall, not later than 30 days after the date on which
the Attorney General makes such decision, notify, in writing, the
person of such decision.'';
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Whenever the Attorney General has reasonable cause to believe
that a State (as an employer) or a private employer is engaged in a
pattern or practice of resistance to the full enjoyment of any of the
rights and benefits provided for under this chapter, and that the
pattern or practice is of such a nature and is intended to deny the
full exercise of such rights and benefits, the Attorney General may
commence an action for relief under this chapter.''; and
(5) in paragraph (4), as redesignated by paragraph (3), by
striking subparagraph (C) and inserting the following new
subparagraph (C):
``(C) has been notified by the Attorney General that the
Attorney General does not intend to commence an action for
relief under paragraph (1) with respect to the complaint under
such paragraph.''.
(b) Standing.--Subsection (f) of such section is amended to read as
follows:
``(f) Standing.--An action under this chapter may be initiated only
by the Attorney General or by a person claiming rights or benefits
under this chapter under subsection (a).''.
(c) Conforming Amendment.--Subsection (h)(2) of such section is
amended by striking ``under subsection (a)(2)'' and inserting ``under
paragraph (1) or (4) of subsection (a)''.
SEC. 5. SUBPOENA POWER FOR SPECIAL COUNSEL IN ENFORCEMENT OF EMPLOYMENT
AND REEMPLOYMENT RIGHTS OF MEMBERS OF UNIFORMED SERVICES
WITH RESPECT TO FEDERAL EXECUTIVE AGENCIES.
Section 4324 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(e)(1) In order to carry out the Special Counsel's
responsibilities under this section, the Special Counsel may require by
subpoena the attendance and testimony of Federal employees and the
production of documents from Federal employees and Federal executive
agencies.
``(2) In the case of contumacy or failure to obey a subpoena issued
under paragraph (1), upon application by the Special Counsel, the Merit
Systems Protection Board may issue an order requiring a Federal
employee or Federal executive agency to comply with a subpoena of the
Special Counsel.
``(3) An order issued under paragraph (2) may be enforced by the
Merit Systems Protection Board in the same manner as any order issued
under section 1204 of title 5, United States Code.''.
SEC. 6. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE DEMANDS BY ATTORNEY
GENERAL.
(a) Issuance Under Servicemembers Civil Relief Act.--Section 801 of
the Servicemembers Civil Relief Act (50 U.S.C. App. 597) is amended by
adding at the end the following:
``(d) Issuance and Service of Civil Investigative Demands.--
``(1) In general.--Whenever the Attorney General has reason
to believe that any person may be in possession, custody, or
control of any documentary material relevant to an
investigation under this Act, the Attorney General may, before
commencing a civil action under subsection (a), issue in
writing and serve upon such person, a civil investigative
demand requiring--
``(A) the production of such documentary material
for inspection and copying;
``(B) that the custodian of such documentary
material answer in writing written questions with
respect to such documentary material; or
``(C) the production of any combination of such
documentary material or answers.
``(2) False claims.--The provisions of section 3733 of
title 31, United States Code, governing the authority to issue,
use, and enforce civil investigative demands shall apply with
respect to the authority to issue, use, and enforce civil
investigative demands under this section, except that, for
purposes of applying such section 3733--
``(A) references to false claims law investigators
or investigations shall be considered references to
investigators or investigations under this Act;
``(B) references to interrogatories shall be
considered references to written questions, and answers
to such need not be under oath;
``(C) the definitions relating to `false claims
law' shall not apply; and
``(D) provisions relating to qui tam relators shall
not apply.''.
(b) Issuance Under Chapter 43 of Title 38, United States Code.--
Section 4323 of title 38, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection (i):
``(i) Issuance and Service of Civil Investigative Demands.--(1)
Whenever the Attorney General has reason to believe that any person may
be in possession, custody, or control of any documentary material
relevant to an investigation under this subchapter, the Attorney
General may, before commencing a civil action under subsection (a),
issue in writing and serve upon such person, a civil investigative
demand requiring--
``(A) the production of such documentary material for
inspection and copying;
``(B) that the custodian of such documentary material
answer in writing written questions with respect to such
documentary material; or
``(C) the production of any combination of such documentary
material or answers.
``(2) The provisions of section 3733 of title 31 governing the
authority to issue, use, and enforce civil investigative demands shall
apply with respect to the authority to issue, use, and enforce civil
investigative demands under this section, except that, for purposes of
applying such section 3733--
``(A) references to false claims law investigators or
investigations shall be considered references to investigators
or investigations under this subchapter;
``(B) references to interrogatories shall be considered
references to written questions, and answers to such need not
be under oath;
``(C) the definitions relating to `false claims law' shall
not apply; and
``(D) provisions relating to qui tam relators shall not
apply.''. | Servicemembers Rights Enforcement Improvement Act of 2012 - Amends the Servicemembers Civil Relief Act (the Act) concerning the protection of servicemembers against default judgments to require a plaintiff, before filing an affidavit, to conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available records of the Department of Defense (DOD) and any other available information.
Doubles the penalties for first and subsequent violations of the Act.
Allows a veteran on whose behalf a complaint of a violation of employment or reemployment rights is made by the Attorney General (AG) to intervene in such action, and to obtain appropriate relief. Requires the AG, within 60 days after receiving a referral of an unsuccessful attempt to resolve a complaint relating to a state or private employer, to notify the person on whose behalf the complaint is submitted of either the decision to commence such an action or of when such decision is expected to be made. Requires, in the latter case, such decision to be made within an additional 30 days. Requires the AG to commence such an action when there is reasonable cause to believe that a state or private employer is engaged in a pattern or practice of resistance to the full enjoyment of such employment and reemployment rights and benefits, and that the pattern or practice is intended to deny the full exercise of such rights and benefits.
Provides the Special Counsel with subpoena power to require the attendance and testimony of, and production of documents from, federal employees, to be enforced through the Merit Systems Protection Board.
Authorizes the AG to issue and serve a civil investigative demand for the production of documentary material relevant to an investigation under the Act. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act and title 38, United States Code, to improve the provision of civil relief to members of the uniformed services and to improve the enforcement of employment and reemployment rights of such members, and for other purposes."} | 2,381 | 380 | 0.531094 | 1.86533 | 0.73475 | 3.172308 | 6.532308 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Soldier Prevention Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The recruitment or use of children in armed conflict is
unacceptable for any government or government supported entity
receiving United States assistance.
(2) The recruitment or use of children in armed conflict,
including direct combat, support roles, and sexual slavery,
continued during 2015-2016 in Afghanistan, South Sudan, Sudan,
Burma, the Democratic Republic of Congo, Iraq, Nigeria, Rwanda,
Somalia, Syria, and Yemen.
(3) Police forces of the Government of Afghanistan
participate in counter-terrorism operations, direct and
indirect combat, security operations, fight alongside regular
armies, and are targeted for violence by the Taliban as well as
by other opposition groups.
(4) Entities of the Government of Afghanistan, particularly
the Afghan Local Police and Afghan National Police, continue to
recruit children to serve as combatants or as servants,
including as sex slaves.
(5) In February 2016, a 10-year-old boy was assassinated by
the Taliban after he had been publically honored by Afghan
local police forces for his assistance in combat operations
against the Taliban.
(6) Recruitment and use of children in armed conflict by
government forces has continued in 2016 in South Sudan with the
return to hostilities.
(7) At least 650 children have been recruited and used in
armed conflict in South Sudan in 2016, and at least 16,000 have
been recruited since the country's civil war began in 2013.
SEC. 3. AMENDMENTS TO THE CHILD SOLDIERS PREVENTION ACT OF 2008.
(a) Definitions.--Section 402(2)(A) of the Child Soldiers
Prevention Act of 2008 (22 U.S.C. 2370c(2)(A)) is amended by inserting
``, police, or other security forces'' after ``governmental armed
forces'' each place it appears.
(b) Prohibition.--Section 404 of the Child Soldiers Prevention Act
of 2008 (22 U.S.C. 2370c-1) is amended--
(1) in subsection (a)--
(A) by inserting ``, police, or other security
forces'' after ``governmental armed forces''; and
(B) by striking ``recruit and use child soldiers''
and inserting ``recruit or use child soldiers'';
(2) in subsection (b)(2) to read as follows:
``(2) Notification.--Not later than 45 days after the date
of submission of the report required under section 110(b) of
the Trafficking Victims Protection Act of 2000, the Secretary
of State--
``(A) shall formally notify any government included
in the list required under paragraph (1); and
``(B) shall notify the appropriate congressional
committees that the requirements of subparagraph (A)
have been met.'';
(3) in subsection (c)(1), by adding at the end before the
period the following: ``and certifies to the appropriate
congressional committees that such government is taking
effective and continuing steps to address the problem of child
soldiers''; and
(4) in subsection (e)(1), by striking ``for international
military education, training, and'' and inserting ``under
section 541 of the Foreign Assistance Act of 1961 (22 U.S.C.
2347) through the Defense Institute for International Legal
Studies or the Center for Civil-Military Relations at the Naval
Post-Graduate School and provide''.
(c) Reports.--Section 405 of the Child Soldiers Prevention Act of
2008 (22 U.S.C. 2370c-2) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``, during any of the 5 years following the
date of the enactment of this Act,'';
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting after paragraph (1) (as so
amended) the following:
``(2) a description and the amount of any assistance
withheld under this title pursuant to the application to those
countries of the prohibition in section 404(a);''; and
(D) in paragraph (5) (as so redesignated), by
inserting ``and the amount'' after ``a description'';
and
(2) by adding at the end the following:
``(d) Information To Be Included in Annual Trafficking in Persons
Report.--If a country is notified pursuant to section 404(b)(2), or a
waiver is granted pursuant to section 404(c)(1), the Secretary of State
shall include in the report required under section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) the
information required to be included in the annual report to Congress
under paragraphs (1) through (5) of subsection (c).''. | Child Soldier Prevention Act of 2017 This bill amends the Child Soldier Prevention Act of 2008 to prohibit assistance from being provided to, or licenses for direct commercial sales of military equipment issued to, the government of a country whose police or other security forces recruit and use child soldiers. The Department of State shall include such countries in its annual trafficking in persons report. Specified other reporting requirements are revised. | {"src": "billsum_train", "title": "Child Soldier Prevention Act of 2017"} | 1,105 | 84 | 0.537954 | 1.39661 | 0.62571 | 1.960526 | 13.355263 | 0.776316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ex-Offenders Voting Rights Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender, or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for United States
citizens to vote in Federal elections.
(2) Congress has ultimate supervisory power over Federal
elections, an authority that has repeatedly been upheld by the
Supreme Court.
(3) Although State laws determine the qualifications for
voting in Federal elections, Congress must ensure that those
laws are in accordance with the Constitution. Currently, those
laws vary throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(4) An estimated 3,900,000 individuals in the United
States, or 1 in 50 adults, currently cannot vote as a result of
a felony conviction. Women represent about 500,000 of those
3,900,000.
(5) State disenfranchisement laws disproportionately impact
ethnic minorities.
(6) Fourteen States disenfranchise ex-offenders who have
fully served their sentences, regardless of the nature or
seriousness of the offense.
(7) In those States that disenfranchise ex-offenders who
have fully served their sentences, the right to vote can be
regained in theory, but in practice this possibility is often
illusory.
(8) In 8 States, a pardon or order from the Governor is
required for an ex-offender to regain the right to vote. In 2
States, ex-offenders must obtain action by the parole or pardon
board to regain that right.
(9) Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In at least 16
States, Federal ex-offenders cannot use the State procedure for
restoring their voting rights. The only method provided by
Federal law for restoring voting rights to ex-offenders is a
Presidential pardon.
(10) Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(11) Thirteen percent of the African-American adult male
population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration, 3 in 10
African-American men in the next generation will be
disenfranchised at some point during their lifetimes. Hispanic
citizens are also disproportionately disenfranchised, since
those citizens are disproportionately represented in the
criminal justice system.
(12) The discrepancies described in this subsection should
be addressed by Congress, in the name of fundamental fairness
and equal protection.
(b) Purpose.--The purpose of this Act is to restore fairness in the
Federal election process by ensuring that ex-offenders who have fully
served their sentences are not denied the right to vote.
SEC. 3. DEFINITIONS.
In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
(4) Parole.--The term ``parole'' means parole (including
mandatory parole), or conditional or supervised release
(including mandatory supervised release), imposed by a Federal,
State, or local court.
(5) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 4. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States
to vote in any election for Federal office shall not be denied or
abridged because that individual has been convicted of a criminal
offense unless, at the time of the election, such individual--
(1) is serving a felony sentence in a correctional
institution or facility; or
(2) is on parole or probation for a felony offense.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in a court of competent jurisdiction to obtain such declaratory
or injunctive relief as is necessary to remedy a violation of this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Action.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice provided under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may bring a civil action in such a court to
obtain the declaratory or injunctive relief with respect to the
violation.
(3) Action for violation shortly before a federal
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
shall not be required to provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action in such a court to obtain the declaratory or
injunctive relief with respect to the violation.
SEC. 6. RELATION TO OTHER LAWS.
(a) No Prohibition on Less Restrictive Laws.--Nothing in this Act
shall be construed to prohibit a State from enacting any State law that
affords the right to vote in any election for Federal office on terms
less restrictive than those terms established by this Act.
(b) No Limitation on Other Laws.--The rights and remedies
established by this Act shall be in addition to all other rights and
remedies provided by law, and shall not supersede, restrict, or limit
the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.). | Ex-Offenders Voting Rights Act of 2003 - Declares that the right of a U.S. citizen to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual: (1) is serving a felony sentence in a correctional institution or facility; or (2) is on parole or probation for a felony offense. Provides for enforcement and remedies for violations of this Act.Specifies that: (1) nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voters Rights Act of 1965 or the National Voter Registration Act of 1993. | {"src": "billsum_train", "title": "To secure the Federal voting rights of certain qualified ex-offenders who have served their sentences."} | 1,649 | 221 | 0.545043 | 1.612265 | 0.632142 | 8.932292 | 7.744792 | 0.963542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parents Television Empowerment Act
of 1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The average American child watches 8,000 murders and
100,000 acts of violence on television before finishing
elementary school.
(2) Many of the poorest and potentially most vulnerable
groups in our society are the heaviest viewers of television.
(3) Television violence is often presented without context
or judgment as to its acceptability.
(4) Most of the violence on television is presented during
times when children are likely to be viewing.
(5) The 1972 Surgeon General's Report, Television and
Growing Up: The Impact of Televised Violence, found that there
was a significant and consistent correlation between television
viewing and aggressive behavior and a direct, causal link
between exposure to televised violence and subsequent
aggressive behavior on the part of the viewer.
(6) The 1982 National Institute of Mental Health report,
Television and Behavior: Ten Years of Scientific Progress and
Implications for the Eighties, found that ``violence on
television does lead to aggressive behavior by children and
teenagers who watch the programs,'' and that some viewers learn
to be passive victims.
(7) Numerous other studies establish a causal connection
between watching violence on television and increasingly
violent behavior of children.
(8) There has been a proliferation of television talk shows
that, in a race for ratings, air ever more outrageous programs
dealing with rape, incest, and other sensitive topics in a
manner that seeks to sensationalize and shock rather than
educate and inform. Although the impact on the hundreds of
thousands of children who view these programs has yet to be
fully documented, the programs have raised strong concerns
among psychologists.
SEC. 3. AMENDMENT.
Title VII of the Communications Act of 1934 is amended by adding at
the end the following new section:
``SEC. 714. COMPILATION AND PUBLICATION OF COMPLAINTS CONCERNING
VIOLENT PROGRAMMING.
``(a) Establishment of Facility for the Collection of Comments and
Complaints.--The Commission shall, within 6 months after the date of
enactment of this section, establish a toll-free number for the
collection of comments, suggestions, and complaints from the public
concerning the transmission by broadcast stations or cable systems of
programming containing depictions of violence and other patently
offensive material. The Commission shall take such steps as may be
necessary to publicize such number and the Commission's functions under
this section.
``(b) Publication of Data Concerning Complaints.--The Commission
shall publish in the Federal Register, on a quarterly basis, a summary
of the comments, suggestions, and complaints received pursuant to
subsection (a) during the preceding period. Such summary shall
include--
``(1) a breakdown of the complaints by broadcast or cable
network and broadcast station, and by program name, date, and
time;
``(2) an identification, with respect to the 50 programs
for which the highest number of complaints were received, of
the production company, the principal advertisers supporting
network distribution, the broadcast or cable network and
broadcast station, and the program name, date, and time; and
``(3) a statement of observed trends in such complaints as
compared with complaints received during prior periods.
``(c) Availability of Records.--The Commission shall transcribe the
comments, suggestions, and complaints received pursuant to this section
and shall--
``(1) transmit to each licensee any comments, suggestions,
or complaints made with respect to its station; and
``(2) make the transcribed comments, suggestions, and
complaints available for public inspection.
The Commission shall omit from any records transmitted or made
available under this subsection the name and address of any caller
requesting confidentiality.
``(d) Report to Congress.--The Commission shall include in each
annual report to Congress under section 4(k) an analysis of the
complaints received pursuant to this section. Such analysis shall
include--
``(1) an evaluation of whether, consistent with its
obligations to serve the public interest and meet the
educational and informational need of children, the
broadcasting industry has effectively responded to the
comments, suggestions, and complaints received pursuant to this
section regarding video programming containing depictions of
violence and other patently offensive material; and
``(2) such recommendations as the Commission considers
appropriate to secure more conscientious fulfillment of those
obligations with regard to such programming.''. | Parents Television Empowerment Act of 1996 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to establish a toll-free number for the collection of public comments, suggestions, and complaints (comments) concerning the transmission by broadcast stations or cable systems of programming containing depictions of violence and other patently offensive material. Requires the FCC to: (1) publicize such number and the FCC's functions under this Act; (2) publish a summary of comments received in the Federal Register quarterly; (3) transcribe such comments; (4) transmit to each licensee any comments made concerning its station; (5) make such comments available for public inspection; (6) omit from any records transmitted or made available the name and address of any caller requesting confidentiality; and (7) include an analysis of such comments in an annual report to the Congress. | {"src": "billsum_train", "title": "Parents Television Empowerment Act of 1996"} | 962 | 188 | 0.552871 | 1.644843 | 0.92679 | 3.930233 | 5.418605 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Critical Connectivity
Expands Service, Small Business Resources, Opportunities, Access, and
Data Based on Assessed Need and Demand Act'' or the ``ACCESS BROADBAND
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Federal broadband support program.--The term ``Federal
broadband support program'' does not include any Universal
Service Fund program and means any of the following programs
(or any other similar Federal program) to the extent the
program offers broadband internet service or programs for
promoting broadband access and adoption for various demographic
communities through various media for residential, commercial,
or community providers, or academic establishments:
(A) The Telecommunications and Technology Program
of the Appalachian Regional Commission.
(B) The following programs of the Rural Utilities
Service of the Department of Agriculture:
(i) The Telecommunications Infrastructure
Loan and Loan Guarantee Program.
(ii) The Rural Broadband Access Loan and
Loan Guarantee Program.
(iii) The Substantially Underserved Trust
Area Initiative.
(iv) The Community Connect Grant Program.
(v) The Distance Learning and Telemedicine
Grant Program.
(C) The following programs of the Economic
Development Administration of the Department of
Commerce:
(i) The Public Works and Economic
Adjustment Assistance Programs.
(ii) The Planning and Local Technical
Assistance Programs.
(D) The following programs of the Department of
Housing and Urban Development:
(i) The Community Development Block Grant
Program.
(ii) The Section 108 Loan Guarantee
Program.
(iii) The Public Housing Capital Fund.
(iv) The Public Housing Operating Fund.
(v) The Multifamily Housing Programs.
(vi) The Indian Community Development Block
Grant Program.
(vii) The Indian Housing Block Grant
Program.
(viii) The Title VI Loan Guarantee Program.
(ix) The Choice Neighborhoods Program.
(x) The HOME Investment Partnerships
Program.
(xi) The Housing Trust Fund.
(xii) The Housing Opportunities for Persons
With AIDS Program.
(E) The American Job Centers of the Employment and
Training Administration of the Department of Labor.
(F) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth established under section 3.
(6) Universal service fund program.--The term ``Universal
Service Fund program'' means any program authorized under
section 254 of the Communications Act of 1934 (47 U.S.C. 254)
to help deploy broadband.
(7) Universal service mechanism.--The term ``universal
service mechanism'' means any funding stream provided by a
Universal Service Fund program to support broadband access.
SEC. 3. ESTABLISHMENT OF OFFICE OF INTERNET CONNECTIVITY AND GROWTH.
Not later than 180 days after the date of enactment of this Act,
the Assistant Secretary shall establish the Office of Internet
Connectivity and Growth within the National Telecommunications and
Information Administration.
SEC. 4. DUTIES.
(a) Outreach.--The Office shall--
(1) connect with communities that need access to high-speed
internet and improved digital inclusion efforts through various
forms of outreach and communication techniques;
(2) hold regional workshops across the United States to
share best practices and effective strategies for promoting
broadband access and adoption;
(3) develop targeted broadband training and presentations
for various demographic communities through various media; and
(4) develop and distribute publications (including
toolkits, primers, manuals, and white papers) providing
guidance, strategies, and insights to communities as the
communities develop strategies to expand broadband access and
adoption.
(b) Tracking of Federal Dollars.--
(1) Broadband infrastructure.--The Office shall track the
construction and use of and access to any broadband
infrastructure built using any Federal support in a central
database.
(2) Accounting mechanism.--The Office shall develop a
streamlined accounting mechanism by which any agency offering a
Federal broadband support program, and the Commission through
the Universal Service Fund, shall provide the information
described in paragraph (1) in a standardized and efficient
fashion.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the Office
shall make public on the website of the Office and 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 on the following:
(A) A description of the work of the Office for the
previous year and the number of residents of the United
States who received broadband access as a result of a
Federal broadband support program or a Universal
Service Fund program.
(B) The number of residents of the United States
described in subparagraph (A), broken down by the
Federal broadband support program or universal service
mechanism to which the broadband access was
attributable.
(C) An estimate of the economic impact of the
broadband deployment efforts described in subparagraphs
(A) and (B) on local economies, including any effect on
small businesses or jobs.
SEC. 5. STREAMLINED APPLICATIONS FOR SUPPORT.
(a) Agency Consultation.--The Office shall consult with any agency
offering a Federal broadband support program to streamline and
standardize the application process for grants or other financial
assistance from the program.
(b) Agency Streamlining.--Any agency offering a Federal broadband
support program shall amend the application for broadband support from
that program, to the extent practicable and as necessary, to streamline
and standardize applications for Federal broadband support programs
across the Federal Government.
(c) Single Application.--To the greatest extent practicable, the
Office shall seek to create 1 application that may be submitted to
apply for all, or substantially all, Federal broadband support
programs.
(d) Website Required.--Not later than 180 days after the date of
enactment of this Act, the Office shall create a central website
through which a potential applicant can learn about and apply for
support through any Federal broadband support program.
SEC. 6. COORDINATION OF SUPPORT.
The Office, any agency that offers a Federal broadband support
program, and the Commission, through the Universal Service Fund, shall
coordinate with each other to ensure that Federal support for broadband
is being distributed in an efficient, technology-neutral, and
financially sustainable manner, with the goal of serving the largest
number of persons in the United States while avoiding overbuilding and
promoting the most job and economic growth for all residents of the
United States.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act is intended to alter or amend any provision of
section 254 of the Communications Act of 1934 (47 U.S.C. 254).
SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act. This Act shall be carried out using amounts otherwise
authorized. | Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act or the ACCESS BROADBAND Act This bill requires the Department of Commerce to establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. The office shall: connect with communities that need access to high-speed internet and improved digital inclusion efforts; hold regional workshops to share best practices and effective strategies for promoting broadband access and adoption; develop targeted broadband training and presentations for various demographic communities through media; develop and distribute publications providing guidance to communities for expanding broadband access and adoption; and track construction and use of, and access to, any broadband infrastructure built using federal support. | {"src": "billsum_train", "title": "Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act"} | 1,585 | 162 | 0.503626 | 1.305422 | 0.773089 | 5.191489 | 10.687943 | 0.93617 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Merit
System Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Allegations of wrongdoing against Special Counsel or Deputy
Special Counsel.
Sec. 4. Discrimination on the basis of sexual orientation prohibited.
Sec. 5. Procedures of the Merit Systems Protection Board.
Sec. 6. Procedures of the Office of Special Counsel.
Sec. 7. Reporting requirements.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008,
2009, and 2010''.
(b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008,
2009, and 2010''.
(c) Effective Date.--This section shall take effect as of October
1, 2007.
SEC. 3. ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY
SPECIAL COUNSEL.
(a) Definitions.--In this section--
(1) the term ``Special Counsel'' refers to the Special
Counsel appointed under section 1211(b) of title 5, United
States Code;
(2) the term ``Integrity Committee'' refers to the
Integrity Committee described in Executive Order 12993
(relating to administrative allegations against inspectors
general) or its successor in function (as identified by the
President); and
(3) the terms ``wrongdoing'' and ``Inspector General'' have
the same respective meanings as under the Executive order cited
in paragraph (2).
(b) Authority of Integrity Committee.--
(1) In general.--An allegation of wrongdoing against the
Special Counsel (or the Deputy Special Counsel) may be
received, reviewed, and referred for investigation by the
Integrity Committee to the same extent and in the same manner
as in the case of an allegation against an Inspector General
(or a member of the staff of an Office of Inspector General),
subject to the requirement that the Special Counsel recuse
himself or herself from the consideration of any allegation
brought under this subsection.
(2) Coordination with existing provisions of law.--This
section does not eliminate access to the Merit Systems
Protection Board for review under section 7701 of title 5,
United States Code. To the extent that an allegation brought
under this subsection involves section 2302(b)(8) of such
title, a failure to obtain corrective action within 120 days
after the date on which that allegation is received by the
Integrity Committee shall, for purposes of section 1221 of such
title, be considered to satisfy section 1214(a)(3)(B) of such
title.
(c) Regulations.--The Integrity Committee may prescribe any rules
or regulations necessary to carry out this section, subject to such
consultation or other requirements as might otherwise apply.
SEC. 4. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION PROHIBITED.
(a) Repudiation.--In order to dispel any public confusion, Congress
repudiates any assertion that Federal employees are not protected from
discrimination on the basis of sexual orientation.
(b) Affirmation.--It is the sense of Congress that, in the absence
of the amendment made by subsection (c), discrimination against Federal
employees and applicants for Federal employment on the basis of sexual
orientation is prohibited by section 2302(b)(10) of title 5, United
States Code.
(c) Discrimination Based on Sexual Orientation Prohibited.--Section
2302(b)(1) of title 5, United States Code, is amended--
(1) in subparagraph (D), by striking ``or'' at the end;
(2) in subparagraph (E), by inserting ``or'' at the end;
and
(3) by adding at the end the following:
``(F) on the basis of sexual orientation;''.
SEC. 5. PROCEDURES OF THE MERIT SYSTEMS PROTECTION BOARD.
(a) Proof of Exhaustion for Individual Right of Action.--Section
1221(a) of title 5, United States Code, is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following:
``(2) For purposes of paragraph (1), an employee, former employee,
or applicant for employment may demonstrate compliance with section
1214(a)(3)(B) by--
``(A) submitting a copy of the complaint or other pleading
pursuant to which such employee, former employee, or applicant
sought corrective action from the Special Counsel with respect
to the personnel action involved; and
``(B) certifying that the Special Counsel did not provide
notice of intent to seek such corrective action to such
employee, former employee, or applicant within the 120-day
period described in such section 1214(a)(3)(B).''.
(b) Individual Requests for Stays.--Section 1221(c) of title 5,
United States Code, is amended by striking paragraph (2) and inserting
the following:
``(2) Any stay requested under paragraph (1) shall be granted
within 10 calendar days (excluding Saturdays, Sundays, and legal
holidays) after the date the request is made, if the Board determines
that the employee, former employee, or applicant has demonstrated that
protected activity described under section 2302(b)(8) was a
contributing factor to the personnel action involved. If the stay
request is denied, the employee, former employee, or applicant may
submit an interlocutory appeal for expedited review by the Board.''.
(c) Joining Subsequent and Related Claims With Pending
Litigation.--
(1) In general.--Section 1221 of title 5, United States
Code, is amended--
(A) by redesignating subsections (h), (i), and (j)
as subsections (i), (j), and (k), respectively; and
(B) inserting after subsection (g) the following:
``(h) During a pending proceeding, subsequent personnel actions may
be joined if the employee, former employee, or applicant for employment
demonstrates that retaliation for protected activity at issue in the
pending proceeding was a contributing factor to subsequent alleged
prohibited personnel practices.''.
(2) Conforming amendment.--Section 1222 of title 5, United
States Code, is amended by striking ``section 1221(i)'' and
inserting ``section 1221(j)''.
(d) Procedural Due Process.--Section 1204(b)(1) of title 5, United
States Code, is amended by inserting ``in accordance with regulations
consistent with the Federal Rules of Civil Procedure, so far as
practicable'' before the period.
(e) Attorney Fees.--Section 7701(g)(1) of title 5, United States
Code, is amended by striking ``if the employee or applicant is the
prevailing party and'' and inserting ``if the claim or claims raised by
the employee or applicant were not frivolous, unreasonable, or
groundless; the case was a substantial or significant factor in the
agency's action providing some relief or benefit to the employee or
applicant; and''.
SEC. 6. PROCEDURES OF THE OFFICE OF SPECIAL COUNSEL.
(a) Investigations of Alleged Prohibited Personnel Practices.--
Section 1212(e) of title 5, United States Code, is amended by striking
``may prescribe such regulations as may be necessary to perform the
functions'' and inserting ``shall prescribe such regulations as may be
necessary to carry out subsection (a)(2) and may prescribe any
regulations necessary to carry out any of the other functions''.
(b) Mandatory Communications With Complainants.--
(1) Contact information.--Section 1214(a)(1)(B) of title 5,
United States Code, is amended by striking clause (ii) and
inserting the following:
``(ii) shall include the name and contact information of a
person at the Office of Special Counsel who--
``(I) shall be responsible for interviewing the
complainant and making recommendations to the Special
Counsel regarding the allegations of the complainant;
and
``(II) shall be available to respond to reasonable
questions from the complainant regarding the
investigation or review conducted by the Special
Counsel, the relevant facts ascertained by the Special
Counsel, and the law applicable to the allegations of
the complainant.''.
(2) Statement after termination of investigation.--Section
1214(a)(2)(A)(iv) of title 5, United States Code, is amended by
striking ``a response'' and inserting ``specific responses''.
(c) Qualifications of Special Counsel.--The third sentence of
section 1211(b) of title 5, United States Code, is amended by striking
``position.'' and inserting ``position and has professional experience
that demonstrates an understanding of and a commitment to protecting
the merit based civil service.''.
(d) Alternative Dispute Resolution Program of the Office of Special
Counsel.--Section 1212 of title 5, United States Code, is amended by
adding at the end the following:
``(h) The Office of Special Counsel shall by regulation provide for
one or more alternative methods for settling matters subject to the
jurisdiction of the Office which shall be applicable at the election of
an employee, former employee, or applicant for employment or at the
direction of the Special Counsel with the consent of the employee,
former employee, or applicant concerned. In order to carry out this
subsection, the Special Counsel shall provide for appropriate offices
in the District of Columbia and other appropriate locations.''.
(e) Substantial Likelihood Determinations.--Section 1213 of title
5, United States Code, is amended--
(1) in subsection (b), by striking ``15 days'' and
inserting ``45 days''; and
(2) in subsection (c)(1), by inserting ``, after consulting
with the person who made the disclosure on how to characterize
the issues,'' after ``appropriate agency head''.
(f) Determination of Statutory Requirements Met.--Section 1213(e)
of title 5, United States Code, is amended--
(1) in paragraph (3), by striking ``subsection (e)(1)'' and
inserting ``paragraph (1)'';
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Upon receipt of any report of the head of an agency required
under subsection (c), if the Special Counsel is unable to make a
determination under paragraph (2)(A) or (B), the Special Counsel shall
require the agency head to submit any additional information necessary
for the Special Counsel to make such determinations before any
information is transmitted under paragraph (4).''.
(g) Public and Internet Access for Agency Investigations.--Section
1219 of title 5, United States Code, is amended by striking subsections
(a) and (b) and inserting the following:
``(a) The Special Counsel shall maintain and make available to the
public (including on the website of the Office of Special Counsel)--
``(1) a list of noncriminal matters referred to heads of
agencies under subsection (c) of section 1213, together with--
``(A) reports from heads of agencies under
subsection (c)(1)(B) of such section relating to such
matters;
``(B) comments submitted under subsection (e)(1) of
such section relating to such matters, if the person
making the disclosure consents; and
``(C) comments or recommendations by the Special
Counsel under subsection (e)(4) of such section
relating to such matters;
``(2) a list of matters referred to heads of agencies under
section 1215(c)(2);
``(3) a list of matters referred to heads of agencies under
subsection (e) of section 1214, together with certifications
from heads of agencies under such subsection; and
``(4) reports from heads of agencies under section
1213(g)(1).
``(b) The Special Counsel shall take steps to ensure that any list
or report made available to the public or placed on the website of the
Office of Special Counsel under this section does not contain any
information the disclosure of which is prohibited by law or by
Executive order requiring that information be kept secret in the
interest of national defense or the conduct of foreign affairs.''.
SEC. 7. REPORTING REQUIREMENTS.
(a) Merit Systems Protection Board.--Each annual report submitted
by the Merit Systems Protection Board under section 1206 of title 5,
United States Code, shall, with respect to the period covered by such
report, include--
(1) the number of cases and alleged violations of section
2302 of such title 5 filed with the Board for each agency,
itemized for each prohibited personnel practice;
(2) the number of cases and alleged violations of section
2302 of such title 5 that the Board determines for each agency,
itemized for each prohibited personnel practice and compared to
the total number of cases and allegations filed with the Board
for each, both with respect to the initial decisions by
administrative judges and final Board decisions;
(3) the number of cases and allegations in which corrective
action was provided, compared to the total number of cases and
allegations filed with the Board for each, itemized separately
for settlements and final Board decisions; and
(4) with respect to paragraphs (8) and (9) of section 2302
(b) of such title 5, the number of cases in which the Board has
ruled in favor of the employee on the merits of the claim
compared to the total number of cases and allegations filed
with the Board for each, where findings of fact and conclusions
of law were issued on whether those provisions were violated,
independent from cases disposed by procedural determinations,
including a separate itemization of both initial decisions by
administrative judges and final Board decisions for each
category.
(b) Office of Special Counsel.--Each annual report submitted under
section 1218 of title 5, United States Code, by the Special Counsel or
an employee designated by the Special Counsel shall, with respect to
the period covered by such report, include--
(1) the number of cases and allegations for each prohibited
personnel practice, delineated by type of prohibited personnel
practice;
(2) for each type of prohibited personnel practice, the
number of cases and allegations as to which the Office of
Special Counsel found reasonable grounds to believe section
2302 of such title 5 had been violated;
(3) for each type of prohibited personnel practice, the
number of cases and allegations as to which the Office of
Special Counsel referred the complaint for full field
investigation;
(4) for each prohibited personnel practice, the number of
cases and allegations as to which the Office of Special Counsel
recommended corrective action;
(5) for each prohibited personnel practice, the number of
cases and allegations as to which the Office of Special Counsel
conducted a mediation or other form of alternative dispute
resolution, with statistics and illustrative examples
describing the results with particularity;
(6) the number of instances in which the Office of Special
Counsel referred disclosures submitted under section 1213 of
such title 5 to an agency head, without any finding under
subsection (c) or (g) of such section;
(7) a statistical tabulation of results for each customer
satisfaction survey question, both with respect to allegations
of prohibited personnel practice submitted under section 1214
of such title 5 and disclosures submitted under section 1213 of
such title; and
(8) for each provision under section 1216(a) (1) through
(5) and (c) of such title 5, the number of cases and
allegations, the number of field investigations opened, the
number of instances in which corrective action was sought, and
the number of instances in which corrective action was
obtained.
(c) Annual Survey.--Section 13(a) of the Act entitled ``An Act to
reauthorize the Office of Special Counsel, and for other purposes'',
approved October 29, 1994 (5 U.S.C. 1212 note; Public Law 103-424) is
amended in the first sentence by inserting ``, including individuals
who disclose information to the Office of Special Counsel under section
1213'' before the period. | Federal Merit System Reauthorization Act of 2007 - Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY2008-FY2010 for the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC).
Repudiates assertions that federal employees are not protected from discrimination on the basis of sexual orientation. Expresses the sense of Congress that discrimination on such basis against federal employees and applicants is currently prohibited. Prohibits any federal employee who has authority to take, direct, recommend, or approve any personnel action from discriminating for or against any federal employee or applicant on such basis.
Revises procedures of the MSPB and OSC, including by requiring the MSPB to use the National Labor Relations Board model for procedural due process and by requiring the OSC to prescribe regulations necessary to receive and investigate allegations of prohibited personnel practices.
Requires the Special Counsel to have professional experience that demonstrates an understanding of and a commitment to protecting the merit based civil service.
Requires the OSC to publish specified whistleblower disclosures and reports.
Sets forth MSPB and OSC reporting requirements with respect to incidences of prohibited personnel practices. | {"src": "billsum_train", "title": "A bill to reauthorize the Merit Systems Protection Board and the Office of Special Counsel, to modify the procedures of the Merit Systems Protection Board and the Office of Special Counsel, and for other purposes."} | 3,718 | 261 | 0.488806 | 1.558064 | 0.765247 | 2.752381 | 16.171429 | 0.828571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Training for Realtime Writers Act of
2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) As directed by Congress in section 723 of the
Communications Act of 1934 (47 U.S.C. 613), as added by section
305 of the Telecommunications Act of 1996 (Public Law 104-104;
110 Stat. 126), the Federal Communications Commission adopted
rules requiring closed captioning of most television
programming, which gradually require new video programming to
be fully captioned beginning in 2006.
(2) More than 28,000,000 Americans, or 8 percent of the
population, are considered deaf or hard of hearing, and many
require captioning services to participate in mainstream
activities.
(3) More than 24,000 children are born in the United States
each year with some form of hearing loss.
(4) According to the Department of Health and Human
Services and a study done by the National Council on Aging--
(A) 25 percent of Americans over 65 years old are
hearing impaired;
(B) 33 percent of Americans over 70 years old are
hearing impaired; and
(C) 41 percent of Americans over 75 years old are
hearing impaired.
(5) The National Council on Aging study also found that
depression in older adults may be directly related to hearing
loss and disconnection with the spoken word.
(6) Empirical research demonstrates that captions improve
the performance of individuals learning to read English and,
according to numerous Federal agency statistics, could
benefit--
(A) 3,700,000 remedial readers;
(B) 12,000,000 young children learning to read;
(C) 27,000,000 illiterate adults; and
(D) 30,000,000 people for whom English is a second
language.
(7) Over the past 5 years, student enrollment in programs
that train court reporters to become realtime writers has
decreased significantly, causing such programs to close on many
campuses.
SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB
PLACEMENT OF REALTIME WRITERS.
(a) In General.--The National Telecommunications and Information
Administration shall make competitive grants to eligible entities under
subsection (b) to promote training and placement of individuals,
including individuals who have completed a court reporting training
program, as realtime writers in order to meet the requirements for
closed captioning of video programming set forth in section 723 of the
Communications Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
(b) Eligible Entities.--For purposes of this Act, an eligible
entity is a court reporting program that--
(1) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of training
realtime writers qualified to provide captioning services;
(2) is accredited by an accrediting agency recognized by
the Department of Education; and
(3) is participating in student aid programs under title IV
of the Higher Education Act of 1965.
(c) Priority in Grants.--In determining whether to make grants
under this section, the Secretary of Commerce shall give a priority to
eligible entities that, as determined by the Secretary of Commerce--
(1) possess the most substantial capability to increase
their capacity to train realtime writers;
(2) demonstrate the most promising collaboration with local
educational institutions, businesses, labor organizations, or
other community groups having the potential to train or provide
job placement assistance to realtime writers; or
(3) propose the most promising and innovative approaches
for initiating or expanding training and job placement
assistance efforts with respect to realtime writers.
(d) Duration of Grant.--A grant under this section shall be for a
period of two years.
(e) Maximum Amount of Grant.--The amount of a grant provided under
subsection (a) to an entity eligible may not exceed $1,500,000 for the
two-year period of the grant under subsection (d).
SEC. 4. APPLICATION.
(a) In General.--To receive a grant under section 3, an eligible
entity shall submit an application to the National Telecommunications
and Information Administration at such time and in such manner as the
Administration may require. The application shall contain the
information set forth under subsection (b).
(b) Information.--Information in the application of an eligible
entity under subsection (a) for a grant under section 3 shall include
the following:
(1) A description of the training and assistance to be
funded using the grant amount, including how such training and
assistance will increase the number of realtime writers.
(2) A description of performance measures to be utilized to
evaluate the progress of individuals receiving such training
and assistance in matters relating to enrollment, completion of
training, and job placement and retention.
(3) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
(4) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the grant
period, including any partnerships or arrangements established
for that purpose.
(5) A description of how the eligible entity will work with
local workforce investment boards to ensure that training and
assistance to be funded with the grant will further local
workforce goals, including the creation of educational
opportunities for individuals who are from economically
disadvantaged backgrounds or are displaced workers.
(6) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants under
section 3(c).
(7) Such other information as the Administration may
require.
SEC. 5. USE OF FUNDS.
(a) In General.--An eligible entity receiving a grant under section
3 shall use the grant amount for purposes relating to the recruitment,
training and assistance, and job placement of individuals, including
individuals who have completed a court reporting training program, as
realtime writers, including--
(1) recruitment;
(2) subject to subsection (b), the provision of
scholarships;
(3) distance learning;
(4) development of curriculum to more effectively train
realtime writing skills, and education in the knowledge
necessary for the delivery of high-quality closed captioning
services;
(5) assistance in job placement for upcoming and recent
graduates with all types of captioning employers;
(6) encouragement of individuals with disabilities to
pursue a career in realtime writing; and
(7) the employment and payment of personnel for such
purposes.
(b) Scholarships.--
(1) Amount.--The amount of a scholarship under subsection
(a)(2) shall be based on the amount of need of the recipient of
the scholarship for financial assistance, as determined in
accordance with part F of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087kk).
(2) Agreement.--Each recipient of a scholarship under
subsection (a)(2) shall enter into an agreement with the
National Telecommunications and Information Administration to
provide realtime writing services for a period of time (as
determined by the Administration) that is appropriate (as so
determined) for the amount of the scholarship received.
(3) Coursework and employment.--The Administration shall
establish requirements for coursework and employment for
recipients of scholarships under subsection (a)(2), including
requirements for repayment of scholarship amounts in the event
of failure to meet such requirements for coursework and
employment. Requirements for repayment of scholarship amounts
shall take into account the effect of economic conditions on
the capacity of scholarship recipients to find work as realtime
writers.
(c) Administrative Costs.--The recipient of a grant under section 3
may not use more than 5 percent of the grant amount to pay
administrative costs associated with activities funded by the grant.
(d) Supplement Not Supplant.--Grants amounts under this Act shall
supplement and not supplant other Federal or non-Federal funds of the
grant recipient for purposes of promoting the training and placement of
individuals as realtime writers
SEC. 6. REPORTS.
(a) Annual Reports.--Each eligible entity receiving a grant under
section 3 shall submit to the National Telecommunications and
Information Administration, at the end of each year of the grant
period, a report on the activities of such entity with respect to the
use of grant amounts during such year.
(b) Report Information.--
(1) In general.--Each report of an entity for a year under
subsection (a) shall include a description of the use of grant
amounts by the entity during such year, including an assessment
by the entity of the effectiveness of activities carried out
using such funds in increasing the number of realtime writers.
The assessment shall utilize the performance measures submitted
by the entity in the application for the grant under section
4(b).
(2) Final report.--The final report of an entity on a grant
under subsection (a) shall include a description of the best
practices identified by the entity as a result of the grant for
increasing the number of individuals who are trained, employed,
and retained in employment as realtime writers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
amounts as follows:
(1) $20,000,000 for each of fiscal years 2004, 2005, and
2006.
(2) Such sums as may be necessary for fiscal year 2007.
Passed the Senate November 19, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 480
_______________________________________________________________________
AN ACT
To provide competitive grants for training court reporters and closed
captioners to meet requirements for realtime writers under the
Telecommunications Act of 1996, and for other purposes. | Training for Realtime Writers Act of 2004 - Directs the National Telecommunications and Information Administration to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth: (1) priorities in making grants; and (2) grant application requirements. Limits grants to $1.5 million for a two-year period.
Requires each grant recipient to report: (1) annually during the grant period on the use of funds; and (2) on best practices identified for increasing the number of individuals trained, employed, and retained as realtime writers.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes."} | 2,046 | 145 | 0.556214 | 1.75699 | 0.825186 | 3.503759 | 15.503759 | 0.932331 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Military
Retirement Equity Act of 2003''.
SEC. 2. PERMITTING INCLUSION OF PREVIOUS MILITARY SERVICE AS CREDITABLE
SERVICE FOR CERTAIN DISTRICT OF COLUMBIA RETIREES.
Subsection (c)(8) of the Policemen and Firemen's Retirement and
Disability Act (sec. 5-704(h), D.C. Official Code) is amended--
(1) by striking ``(8) Notwithstanding'' and inserting ``(8)(A)
Except as provided in subparagraph (B), notwithstanding''; and
(2) by adding at the end the following new subparagraph:
``(B)(i)(I) Except as provided in subclause (II), and subject to
clause (iv), each member or former member who has performed military
service before the date of the separation on which the entitlement to
any annuity under this Act is based may elect to retain credit for the
service by paying (in accordance with such regulations as the Mayor
shall issue) to the office by which the member is employed (or, in the
case of a former member, to the appropriate benefits administrator) an
amount equal to 7 percent of the amount of the basic pay paid under
section 204 of title 37, United States Code, to the member for each
period of military service after December 1956. The amount of such
payments shall be based on such evidence of basic pay for military
service as the member may provide, or, if the Mayor determines
sufficient evidence has not been so provided to adequately determine
basic pay for military service, such payment shall be based upon
estimates of such basic pay provided to the Mayor under clause (iii).
Payment of such amount by an active member must be completed prior to
the member's date of retirement or October 1, 2006, whichever is later,
for the member to retain credit for the service.
``(II) In any case where military service interrupts creditable
service under this subsection and reemployment pursuant to chapter 43
of title 38, United States Code, occurs on or after August 1, 1990, the
deposit payable under this clause may not exceed the amount that would
have been deducted and withheld under this Act from basic pay during
the period of creditable service if the member had not performed the
period of military service.
``(ii) Any deposit made under clause (i) more than 2 years after
the later of--
``(I) October 1, 2004; or
``(II) the date on which the member making the deposit first
becomes a member following the period of military service for which
such deposit is due,
shall include interest on such amount computed and compounded annually
beginning on the date of the expiration of the 2-year period. The
interest rate that is applicable in computing interest in any year
under this paragraph shall be equal to the interest rate that is
applicable for such year under paragraph (5)(B).
``(iii) The Secretary of Defense, the Secretary of Transportation,
the Secretary of Commerce, or the Secretary of Health and Human
Services, as appropriate, shall furnish such information to the Mayor
as the Mayor may determine to be necessary for the administration of
this subsection.
``(iv) Effective with respect to any period of military service
after November 10, 1996, the percentage of basic pay under section 204
of title 37, United States Code, payable under clause (i) shall be
equal to the same percentage as would be applicable under subsection
(d) of this section for that same period for service as a member
subject to clause (i)(II).''.
SEC. 3. ADJUSTMENT IN FEDERAL BENEFIT PAYMENTS TO CERTAIN POLICE AND
FIRE RETIREES TO TAKE MILITARY SERVICE ADJUSTMENT INTO
ACCOUNT.
(a) In General.--Section 11012 of the National Capital
Revitalization and Self-Government Improvement Act of 1997 (sec. 1-
803.02, D.C. Official Code) is amended by adding at the end the
following new subsection:
``(f) Treatment of Military Service Credit Purchased by Certain
Police and Fire Retirees.--For purposes of subsection (a), in
determining the amount of a Federal benefit payment made to an officer
or member, the benefit payment to which the officer or member is
entitled under the District Retirement Program shall include any
amounts which would have been included in the benefit payment under
such Program if the amendments made by the District of Columbia
Military Retirement Equity Act of 2003 had taken effect prior to the
freeze date.''.
(b) Conforming Amendment.--Section 11003(5) of such Act (sec. 1-
801.02(5), D.C. Official Code) is amended by inserting ``and (f)''
after ``section 11012(e)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to Federal benefit payments made 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 passed by the House on October 8, 2003. The summary of that version is repeated here.)
District of Columbia Military Retirement Equity Act of 2003 - (Sec. 2) Amends the Policemen and Firemen's Retirement and Disability Act to permit a member or former member of the District of Columbia Metropolitan Police force, the DC Fire Department, the U.S. Park Police force, and the U.S. Secret Service to count previously performed military service as creditable service for purposes of calculating the retirement annuity payable to such member. Requires the member or former member, in order to qualify for such creditable service, to pay the member's employment office (or former member's appropriate benefits administration) an amount equal to seven percent of the amount of the military basic pay paid to the member for each period of military service after December 1956. Requires payments to be based on evidence of such basic pay or estimates of it, as the Mayor determines. Provides that payment of such amount by an active member must be completed before the member's date of retirement or October 1, 2006, whichever is later, for the member to retain credit for the service.
Declares that in any case where military service interrupts such creditable service and reemployment pursuant to Federal employment and reemployment rights of members of the uniformed services occurs on or after August 1, 1990, the deposit may not exceed the amount that would have been deducted and withheld under this Act from basic pay during the period of creditable service if the member had not performed the period of military service.
Provides that any such deposit made more than two years after the later of October 1, 2004 or the date on which the member first becomes a member following the period of military service concerned shall include interest computed and compounded annually, beginning on the expiration of the two-year period.
Limits the percentage of military basic pay for any period of military service after November 10, 1996, to the same percentage applicable for similarly interrupted creditable service under current law.
(Sec. 3) Amends the National Capital Revitalization and Self-Government Improvement Act of 1997 to provide that, in determining the amount of a Federal benefit payment made to an officer or member of the DC Police force or the DC Fire Department, the benefit payment to which the officer or member is entitled under the District Retirement Program shall include any amounts which would have been included under such Program (military service adjustment) if this Act's amendments had taken effect before June 30, 1997 (the freeze date). | {"src": "billsum_train", "title": "To amend the Policemen and Firemen's Retirement and Disability Act to permit military service previously performed by members and former members of the Metropolitan Police Department of the District of Columbia, the Fire Department of the District of Columbia, the United States Park Police, and the United States Secret Service to count as creditable service for purposes of calculating retirement annuities payable to such members upon payment of a contribution by such members, and for other purposes."} | 1,126 | 554 | 0.754731 | 2.450634 | 0.72708 | 4.691532 | 2.068548 | 0.893145 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation shall be a charitable and not for
profit corporation and shall not be an agency or establishment of the
United States. The Foundation shall be established as an organization
described in section 501(c)(3) of the Internal Revenue Code of 1986 and
shall be presumed, for purposes of such Code, to be such an
organization until the Secretary of the Treasury determines that the
Foundation does not meet the requirements applicable to such an
organization. Section 508(a) of such Code does not apply to the
Foundation.
(b) Purposes.--It is the purpose of the Foundation to--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, develop a list and description of programs,
events and other activities which would further the goals
outlined in Executive Order 12345 and with respect to which
combined private and governmental efforts would be beneficial;
and
(2) encourage and promote the participation by private
organizations in the activities referred to in subsection
(b)(1) and to encourage and promote private gifts of money and
other property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the Public Health
Service Gift Fund pursuant to section 231 of the Public Health Service
Act (42 U.S.C. 238) for expenditure pursuant to the provisions of that
section and consistent with the purposes for which the funds were
donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (hereinafter referred to in this Act as the
``Board''), which shall consist of nine Directors, to be
appointed not later than 90 days after the date of enactment of
this Act, each of whom shall be a United States citizen and--
(A) three of whom must be knowledgeable or
experienced in one or more fields directly connected
with physical fitness, sports or the relationship
between health status and physical exercise; and
(B) six of whom must be leaders in the private
sector with a strong interest in physical fitness,
sports or the relationship between health status and
physical exercise (one of which shall be a
representative of the United States Olympic Committee).
The membership of the Board, to the extent practicable, shall
represent diverse professional specialties relating to the
achievement of physical fitness through regular participation
in programs of exercise, sports and similar activities.
(2) Ex officio members.--The Assistant Secretary for
Health, the Executive Director of the President's Council on
Physical Fitness and Sports, the Director for the National
Center for Chronic Disease Prevention and Health Promotion, the
Director of the National Heart, Lung, and Blood Institute and
the Director for the Centers for Disease Control and Prevention
shall serve as ex officio, nonvoting members of the Board.
(3) Not federal employment.--Appointment to the Board or
serving as a member of the staff of the Board shall not
constitute employment by, or the holding of an office of, the
United States for the purposes of any Federal employment or
other law.
(b) Appointment and Terms.--
(1) Appointment.--Of the members of the Board appointed
under subsection (a)(1), three shall be appointed by the
Secretary of Health and Human Services (hereinafter referred to
in this Act as the ``Secretary''), two shall be appointed by
the Majority Leader of the Senate, one shall be appointed by
the Minority Leader of the Senate, two shall be appointed by
the Speaker of the House of representatives, and one shall be
appointed by the Minority Leader of the House of
Representatives. The three members appointed by the Secretary
shall include the representative of the United States Olympic
Committee.
(2) Terms.--Members appointed to the Board under subsection
(a)(1) shall serve for a term of 6 years. A vacancy on the
Board shall be filled within 60 days of the date on which such
vacancy occurred in the manner in which the original
appointment was made. A member appointed to fill a vacancy
shall serve for the balance of the term of the individual who
was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairperson.--A Chairperson shall be elected by the Board from
among its members and serve for a 2-year term. The Chairperson shall
not be limited in terms or service. The Chairman of the President's
Council on Physical Fitness shall serve as Chairperson until a
Chairperson is elected by the Board.
(d) Quorum.--A majority of the sitting members of the Board shall
constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairperson,
but in no event less than once each year. If a Director misses three
consecutive regularly scheduled meetings, that individual may be
removed from the Board and the vacancy filled in accordance with
subsection (b)(2).
(f) Reimbursement of Expenses.--The members of the Board shall
serve without pay. The members of the Board 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 Board.
(g) General Powers.--
(1) Organization.--The Board may complete the organization
of the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provision
of this Act; and
(C) undertaking such other acts as may be necessary
to carry out the provisions of this Act.
In establishing bylaws under this paragraph, the Board shall
provide for policies with regard to financial conflicts of
interest and ethical standards for the acceptance, solicitation
and disposition of donations and grants to the Foundation.
(2) Limitations on officers and employees.--The following
limitations apply with respect to the appointment of officers
and employees of the Foundation:
(A) Officers and employees may not be appointed
until the Foundation has sufficient funds to compensate
such individuals for their service. No individual so
appointed may receive pay in excess of the annual rate
of basic pay in effect for Executive Level V in the
Federal service.
(B) The first officer or employee appointed by the
Board shall be the secretary of the Board who--
(i) shall serve, at the direction of the
Board, as its chief operating officer; and
(ii) shall be knowledgeable and experienced
in matters relating to physical fitness and
sports.
(C) No Public Health Service employee nor the
spouse or dependent relative of such an employee may
serve as an officer or member of the Board of Directors
or as an employee of the Foundation.
(D) Any individual who is an officer, employee, or
member of the Board of the Foundation may not (in
accordance with the policies developed under paragraph
(1)(B)) personally or substantially participate in the
consideration or determination by the Foundation of any
matter that would directly or predictably affect any
financial interest of the individual or a relative (as
such term is defined in section 109(16) of the Ethics
in Government Act of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating
for employment, or in which the individual has any
other financial interest.
SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUNDATION.
(a) In General.--The Foundation--
(1) shall have perpetual succession;
(2) may conduct business throughout the several States,
territories, and possessions of the United States;
(3) shall locate its principal offices in or near the
District of Columbia; and
(4) shall at all times maintain a designated agent
authorized to accept service of process for the Foundation.
The serving of notice to, or service of process upon, the agent
required under paragraph (4), or mailed to the business address of such
agent, shall be deemed as service upon or notice to the Foundation.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out the purposes under section 2, the
Foundation shall have the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer and use any gift, devise, or
bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain or
otherwise dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be treated
as including, among other things, easements or other rights for
preservation, conservation, protection, or enhancement by and for the
public of natural, scenic, historic, scientific, educational,
inspirational or recreational resources. A gift, devise, or bequest may
be accepted by the Foundation even though it is encumbered, restricted
or subject to beneficial interests of private persons if any current or
future interest therein is for the benefit of the Foundation.
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES.
(a) Protection.--Without the consent of the Foundation, in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, to induce the
sale of any goods or services, or to promote any theatrical exhibition,
athletic performance or competition--
(1) the official seal of the President's Council on
Physical Fitness and Sports consisting of the eagle holding an
olive branch and arrows with shield breast encircled by name
``President's Council on Physical Fitness and Sports'';
(2) the official seal of the Foundation;
(3) any trademark, trade name, sign, symbol or insignia
falsely representing association with or authorization by the
President's Council on Physical Fitness and Sports or the
Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided for in the Act of July 9, 1946 (60 Stat. 427; commonly known
as the Trademark Act of 1946).
(b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name of the President's
Council on Physical Fitness and Sports and the Foundation, as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation, in
advertising that the contributions, goods or services when donated,
supplied, or furnished to or for the use of, approved, selected, or
used by the President's Council on Physical Fitness and Sports or the
Foundation.
SEC. 6. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the same
manner as provided for under section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)).
SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of Public Law 88-504 (36 U.S.C. 1101 et
seq.), the Foundation shall be treated as a private corporation under
Federal law. The Inspector General of the Department of Health and
Human Services and the Comptroller General of the United States shall
have access to the financial and other records of the Foundation, upon
reasonable notice.
(b) Report.--The Foundation shall, as soon as practicable after the
end of each fiscal year, transmit to the Secretary and to Congress a
report of its proceedings and activities during such year, including a
full and complete statement of its receipts, expenditures, and
investments.
(c) Relief With Respect to Certain Foundation Acts or Failure To
Act.--If the Foundation--
(1) engages in, or threatens to engage in, any act,
practice or policy that is inconsistent with the purposes
described in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threaten to do so;
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
Passed the Senate September 25, 1996.
Attest:
Secretary.
104th CONGRESS
2d Session
S. 1311
_______________________________________________________________________
AN ACT
To establish a National Physical Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports, and for other purposes. | National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable and not for profit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports. | {"src": "billsum_train", "title": "National Physical Fitness and Sports Foundation Establishment Act"} | 3,010 | 52 | 0.568284 | 1.395146 | 0.945715 | 3.822222 | 65.288889 | 0.977778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Drug Review, Utilization,
Good Governance Improvement Act'' or the ``Medicaid DRUG Improvement
Act''.
SEC. 2. MEDICAID DRUG UTILIZATION REVIEW.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (82), at the end, by striking ``and'';
(2) in paragraph (83), at the end, by striking the period
and inserting ``; and''; and
(3) by inserting after paragraph (83) the following new
paragraph:
``(84) provide that the State is in compliance with the
drug review and utilization requirements under subsection
(nn)(1).''.
(b) Drug Review and Utilization Requirements.--Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended by adding at the end
the following new subsection:
``(nn) Drug Review and Utilization Requirements.--
``(1) In general.--For purposes of subsection (a)(84), the
drug review and utilization requirements under this subsection
are, subject to paragraph (3) and beginning October 1, 2019,
the following:
``(A) Claims review limitations.--
``(i) In general.--The State has in place--
``(I) safety edits (as specified by
the State) for subsequent fills for
opioids and a claims review automated
process (as designed and implemented by
the State) that indicates when an
individual enrolled under the State
plan (or under a waiver of the State
plan) is prescribed a subsequent fill
of opioids in excess of any limitation
that may be identified by the State;
``(II) safety edits (as specified
by the State) on the maximum daily
morphine equivalent that can be
prescribed to an individual enrolled
under the State plan (or under a waiver
of the State plan) for treatment of
chronic pain and a claims review
automated process (as designed and
implemented by the State) that
indicates when an individual enrolled
under the plan (or waiver) is
prescribed the morphine equivalent for
such treatment in excess of any
limitation that may be identified by
the State; and
``(III) a claims review automated
process (as designed and implemented by
the State) that monitors when an
individual enrolled under the State
plan (or under a waiver of the State
plan) is concurrently prescribed
opioids and--
``(aa) benzodiazepines; or
``(bb) antipsychotics.
``(ii) Managed care entities.--The State
requires each managed care entity (as defined
in section 1932(a)(1)(B)) with respect to which
the State has a contract under section 1903(m)
or under section 1905(t)(3) to have in place,
subject to paragraph (3), with respect to
individuals who are eligible for medical
assistance under the State plan (or under a
waiver of the State plan) and who are enrolled
with the entity, the limitations described in
subclauses (I) and (II) of clause (i) and a
claims review automated process described in
subclause (III) of such clause.
``(iii) Rules of construction.--Nothing in
this subparagraph may be construed as
prohibiting a State or managed care entity from
designing and implementing a claims review
automated process under this subparagraph that
provides for prospective or retrospective
reviews of claims. Nothing in this subparagraph
shall be understood as prohibiting the exercise
of clinical judgment from a provider enrolled
as a participating provider in a State plan (or
waiver of the State plan) or contracting with a
managed care entity regarding the best items
and services for an individual enrolled under
such State plan (or waiver).
``(B) Program to monitor antipsychotic medications
by children.--The State has in place a program (as
designed and implemented by the State), including such
a program that the State had in place before the date
of the enactment of this subsection, to monitor and
manage the appropriate use of antipsychotic medications
by children enrolled under the State plan (or under a
waiver of the State plan) and submits annually to the
Secretary such information as the Secretary may require
on activities carried out under such program for
individuals not more than the age of 18 years generally
and children in foster care specifically.
``(C) Fraud and abuse identification.--The State
has in place a process (as designed and implemented by
the State), including such a process that the State had
in place before the date of the enactment of this
subsection, that identifies potential fraud or abuse of
controlled substances by individuals enrolled under the
State plan (or under a waiver of the State plan),
health care providers prescribing drugs to individuals
so enrolled, and pharmacies dispensing drugs to
individuals so enrolled.
``(D) Reports.--The State shall include in the
annual report submitted to the Secretary under section
1927(g)(3)(D) information on the limitations,
requirement, program, and processes applied by the
State under subparagraphs (A) through (C) in accordance
with such manner and time as specified by the
Secretary.
``(2) Annual report by secretary.--For each fiscal year
beginning with fiscal year 2020, the Secretary shall submit to
Congress a report on the most recent information submitted by
States under paragraph (1)(D).
``(3) Exceptions.--
``(A) Certain individuals exempted.--The drug
review and utilization requirements under this
subsection shall not apply with respect to an
individual who--
``(i) is receiving--
``(I) hospice or palliative care;
or
``(II) treatment for cancer;
``(ii) is a resident of a long-term care
facility, of a facility described in section
1905(d), or of another facility for which
frequently abused drugs are dispensed for
residents through a contract with a single
pharmacy; or
``(iii) the State elects to treat as
exempted from such requirements.
``(B) Exception relating to ensuring access.--In
order to ensure reasonable access to health care, the
Secretary may waive the drug review and utilization
requirements under this subsection, with respect to a
State, in the case of natural disasters and similar
situations, and in the case of the provision of
emergency services (as defined for purposes of section
1860D-4(c)(5)(D)(ii)(II)).''.
(c) Managed Care Entities.--Section 1932 of the Social Security Act
(42 U.S.C. 1396u-2) is amended by adding at the end the following new
subsection:
``(i) Drug Utilization Review Activities and Requirements.--
Beginning not later than October 1, 2019, each contract under a State
plan with a managed care entity (other than a primary care case
manager) under section 1903(m) shall provide that the entity is in
compliance with the applicable provisions of section 438.3(s)(2) of
title 42 of the Code of Federal Regulations, section 483.3(s)(4)) of
such title, and section 483.3(s)(5) of such title, as such provisions
were in effect on March 31, 2018.''.
SEC. 3. IDENTIFYING AND ADDRESSING INAPPROPRIATE PRESCRIBING AND
BILLING PRACTICES UNDER MEDICAID.
(a) In General.--Section 1927(g) of the Social Security Act (42
U.S.C. 1396r-8(g)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``of section 1903(i)(10)(B)'' and
inserting ``of section 1902(a)(54)'';
(B) by striking ``, by not later than January 1,
1993,'';
(C) by inserting after ``gross overuse,'' the
following: ``excessive utilization,''; and
(D) by striking ``or inappropriate or medically
unnecessary care'' and inserting ``inappropriate or
medically unnecessary care, or prescribing or billing
practices that indicate abuse or excessive
utilization''; and
(2) in paragraph (2)(B)--
(A) by inserting after ``gross overuse,'' the
following: ``excessive utilization,'';
(B) by striking ``or inappropriate or medically
unnecessary care'' and inserting ``inappropriate or
medically unnecessary care, or prescribing or billing
practices that indicate abuse or excessive
utilization''; and
(C) by adding at the end the following new
sentence: ``In the case that the program identifies a
pattern described in the previous sentence, the State
shall take such remedial actions as determined
necessary to address such pattern.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to retrospective drug use reviews conducted on
or after October 1, 2020.
Amend the title so as to read: ``A bill to amend title XIX
of the Social Security Act to require under Medicaid that State
Medicaid plans have in place certain drug utilization review
activities, and to require States to identify and address
inappropriate prescribing and billing practices under
Medicaid.''. | Medicaid Drug Review, Utilization, Good Governance Improvement Act or the Medicaid DRUG Improvement Act This bill requires state Medicaid programs to establish drug-review and utilization requirements for enrollees, particularly with respect to opioid prescriptions. Drug use review programs must also identify prescribing or billing practices by providers that indicate abuse or excessive utilization. | {"src": "billsum_train", "title": "Medicaid Drug Review, Utilization, Good Governance Improvement Act"} | 2,130 | 71 | 0.496415 | 1.157265 | 0.879488 | 2.45 | 31.133333 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strategy for Assuring Financial
Empowerment Act'' or the ``SAFE Act''.
SEC. 2. STRATEGY FOR ASSURING FINANCIAL EDUCATION.
(a) Findings.--
(1) In general.--The Congress finds it is imperative to--
(A) reduce overlap and duplication in Federal
financial literacy and financial education programs and
in public and private educational activities, in order
to increase effectiveness and coordination and to
better utilize resources;
(B) identify the most effective types of public
sector financial literacy programs and techniques as
measured by improved consumer decision-making;
(C) coordinate and promote financial literacy and
financial education efforts at the State and local
level, including partnerships between Federal, State
and local governments, non-profit organizations and
private enterprises;
(D) obtain recommendations for integrating economic
education and personal-finance education into primary,
secondary and post-secondary curricula; and
(E) provide multilingual materials and programs
under the strategy for assuring financial education
whenever appropriate in order to effectively reach the
broadest number of people.
(2) Additional findings.--The Congress also finds that as
many as 1 in 10 American families, or about 10,000,000
households, do not have a relationship with a traditional
financial institution such as a bank, thrift institution, or
credit union, despite the significant advantages of such a
relationship, including the following:
(A) The establishment of a deposit account with a
financial institution leads to greater knowledge of
personal financial fundamentals.
(B) Account ownership provides an opportunity to
build assets, because a deposit account is a tool that
can be used to save for homeownership, educational
opportunities, or retirement.
(C) The unbanked typically pay higher costs in
transaction fees for financial services than do
individuals with banking relationships.
(D) Opening and maintaining an account with a
financial institution provides opportunities to obtain
other products and services--such as home loans, car
loans, education loans, or small business loans--from
the institution, and can help individuals establish a
credit history for their future borrowing needs.
(E) Owning an account provides a record of
financial transactions that can be drawn on in the case
of a dispute.
(F) Account ownership provides the opportunity for
safer, more secure types of financial transactions,
such as direct deposit and check-writing, reducing the
risk that paychecks could be stolen or lost and
reducing the risk of becoming the victim of a robbery
or burglary triggered by carrying large sums of cash.
(b) Development and Transmittal to the Congress.--
(1) Development.--The President, acting through the
Secretary of the Treasury, the Office of Financial Education
established by the Secretary in the Department of the Treasury,
and in consultation with the Secretary of Housing and Urban
Development and other officials of the administration, as
appropriate, shall develop a national strategy for financial
education, to be known as the Strategy for Assuring Financial
Empowerment (hereinafter in this section referred to as the
``SAFE strategy'').
(2) Transmittal to the congress.--By February 1 of 2005 and
by that date of each succeeding year, the President shall
transmit to the Congress a national strategy developed in
accordance with paragraph (1).
(3) Appearance before the congress.--Before March 1, 2004,
and before March 1 of each subsequent year, the Secretary of
Treasury shall appear before the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate at hearings
regarding the development of a national strategy for assuring
financial education.
(4) Working group.--The first national strategy transmitted
to the Congress in 2005 shall contain recommendations and a
proposal for forming a Financial Literacy and Education Working
Group to be chaired by the Secretary of the Treasury.
(c) Issues To Be Addressed.--The SAFE strategy shall address any
area the President considers appropriate, acting through the Secretary
of the Treasury, the Office of Financial Education established by the
Secretary in the Department of the Treasury, and in consultation with
the Secretary of Housing and Urban Development, the Financial Literacy
and Education Working Group established pursuant to the proposal under
subsection (b)(4), and other officials of the administration, as
appropriate, including the following:
(1) Goals, objectives, and priorities.--
(A) In general.--Comprehensive, research-based
goals, objectives, and priorities for increasing the
financial literacy of all citizens, with particular
attention to those with low and moderate incomes,
Native Americans, immigrants, youths from ages 10-25
and those of pre-retirement age.
(B) Goals to be included.--Such goals shall include
helping individuals, especially those in the target
groups, learn to develop--
(i) access to and responsible use of
accounts at financial institutions;
(ii) knowledge of the credit-granting
process, including the importance and benefits
of building credit;
(iii) homeownership;
(iv) planning for unexpected circumstances,
further education, retirement and estate
planning;
(v) budgets and long-range financial
planning;
(vi) an appreciation of the value of
charitable giving;
(vii) an understanding of the impact of
taxes on earned income and intelligent planning
to minimize the effects of taxes;
(viii) a strategy for and an appreciation
of the value of broad-based, well-planned,
long-term investments; and
(ix) patterns of responsible borrowing and
consumer behavior.
(2) Coordination.--Coordination of financial education
efforts and programs within the Executive Branch and with the
Board of Governors of the Federal Reserve System, the
Securities and Exchange Commission, other Federal banking
agencies, the National Credit Union Administration Board, and
such other Federal agencies as the Secretary of the Treasury
determines to be appropriate.
(3) Coordination with and enhancement of the role of the
private financial sector in financial education.--The
enhancement of partnerships between the private government
agencies and both the financial sector and nongovernment
agencies with regard to financial education.
(4) Enhancement of intergovernmental cooperation.--The
enhancement of--
(A) cooperative efforts between the Federal
Government and State and local officials, including
State and local regulators and educators; and
(B) cooperative efforts among the several States
and between State and local officials, including State
and local regulators and educators which could be
utilized or should be encouraged.
(5) Project and budget priorities.--A 3-year projection for
program and budget priorities and achievable projects for
improving financial education.
(6) Assessment of funding.--A complete assessment of how
the proposed budget is intended to implement the strategy, and
whether the funding levels contained in the proposed budget are
sufficient to implement the strategy.
(7) Data regarding trends in financial education.--The need
for timely, accurate, and complete information necessary for
the purpose of developing and analyzing data in order to
ascertain trends in the need for financial education.
(8) Improved communications.--A plan for enhancing the
communication between the Federal Government and State and
local governments regarding financial education.
(d) Effectiveness Report.--At the time each national SAFE strategy
for financial education is transmitted by the President to the Congress
(other than the first transmission of any such strategy) pursuant to
subsection (b), the Secretary shall submit a report containing an
evaluation of the effectiveness of policies to enhance financial
education and reach the goals outlined in subsection (c).
(e) Consultations.--In addition to the consultations required under
this section with the Secretary of Housing and Urban Development, in
developing the national SAFE strategy for financial education, the
Secretary shall consult with--
(1) the Board of Governors of the Federal Reserve System
and other Federal banking agencies and the National Credit
Union Administration Board;
(2) State and local officials, including State and local
regulators and educators;
(3) the Securities and Exchange Commission;
(4) the Commodities and Futures Trading Commission;
(5) the Secretary of Education;
(6) to the extent possible, the finance ministers of
foreign governments;
(7) to the extent appropriate, State and local officials
responsible for financial institution and financial market
regulation;
(8) any other State or local government authority, to the
extent appropriate;
(9) any other Federal Government authority or
instrumentality, to the extent appropriate
(10) representatives of the private financial services
sector, to the extent appropriate;
(11) the Secretary of Agriculture;
(12) the Secretary of Health and Human Services;
(13) the Secretary of Defense;
(14) the Secretary of Labor;
(15) the Secretary of Veterans Affairs;
(16) the Chairman of the Federal Trade Commission;
(17) the Commissioner of Social Security, the Social
Security Administration;
(18) the Administrator of the Small Business
Administration;
(19) the Director of the Office of Personnel Management;
(20) the Federal Housing Commissioner;
(21) State insurance commissioners working through the
National Association of Insurance Commissioners;
(22) the Advertising Council; and
(23) the heads of Federal, State and local government
programs, and privately run programs, which have the purpose
of--
(A) getting the unbanked to participate in the
banking system; and
(B) encouraging recipients of State or Federal
assistance programs to move away from receiving their
programs via paper checks and towards receiving such
payments electronically.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Treasury for fiscal years 2004,
2005, 2006, 2007, 2008, and 2009 such sums as may be necessary to carry
out the requirements of this section. | Strategy for Assuring Financial Empowerment Act - SAFE Act - Directs the President to develop a national strategy for financial education, the Strategy for Assuring Financial Empowerment (SAFE strategy), acting through the Secretary of the Treasury and the Office of Financial Education in the Department of the Treasury.
Requires the SAFE strategy to: (1) address certain issues; and (2) be developed and transmitted to Congress annually, along with policy effectiveness reports. Requires the first SAFE strategy to contain recommendations and a proposal for forming a Financial Literacy and Education Working Group. Directs the Secretary of the Treasury to chair the Working Group and to consult with the Secretary of Housing and Urban Development and with other officials of specified Federal, State, local, and private entities in developing the SAFE strategy. | {"src": "billsum_train", "title": "To reduce duplication in Federal financial literacy and financial programs, identify more effective ways to provide financial education, and facilitate greater cooperation at the Federal, State and local levels and between government units and entities in the private sector by requiring the establishment of a national strategy for assuring financial education, and for other purposes."} | 2,022 | 172 | 0.50699 | 1.46863 | 0.740261 | 3.228188 | 13.550336 | 0.919463 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Research Investment Act of
1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) for fiscal year 1965, 5.7 percent of the Federal budget
was expended for nondefense research and development
activities;
(2) for fiscal year 1997, the percentage of the Federal
budget allocated for nondefense research and development
activities is 1.9 percent, which is 67 percent less than the
percentage in fiscal year 1965;
(3) for the first time in 25 years during the period
beginning with fiscal year 1992 and ending with fiscal year
1995, the amount of funds expended by the Federal Government on
research (expressed in real dollars) declined each year;
(4) during the period beginning with fiscal year 1970, and
ending with fiscal year 1995, the United States had not, during
any fiscal year, expended an amount for nondefense research and
development activities, that, expressed as a percentage of the
Gross Domestic Product, was greater than or equal to the
percentage expended by Japan or Germany for that fiscal year;
and
(5) an increased level of investment in basic science and
medical research by the Federal Government is essential to
maintaining the position of the United States as the
technological leader of the world.
(b) Purposes.--The purposes of this Act are as follows:
(1) To double the annual authorized amount of Federal
funding for basic science and medical research over the 10-year
period following the date of enactment of this Act, so that the
amount of Federal funding for fiscal year 2007 is equal to
$65,000,000,000.
(2) To restore the high priority that science and
technology had previously been afforded in the Federal budget.
(3) To invest in the future of the United States and the
people of the United States by expanding the research
activities referred to in paragraph (1).
(4) To enhance the quality of life for all the people of
the United States.
(5) To guarantee the leadership of the United States in
science and medicine.
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Funds for Covered Research and Development Defined.--For
purposes of this section, the term ``funds for covered research and
development'' means--
(1) any funds made available by appropriations for--
(A) the National Science Foundation;
(B) the National Aeronautics and Space
Administration;
(C) the National Oceanic and Atmospheric
Administration of the Department of Commerce;
(D) the National Institute for Standards and
Technology of the Department of Commerce; and
(E) the National Institutes of Health of the
Department of Health and Human Services;
(2) any funds made available by appropriations for use for
research and development activities (as that term is used in
the most recent applicable appropriations Act with respect to a
Federal Agency) for basic science or medical research--
(A) by the Centers for Disease Control of the
Department of Health and Human Services;
(B) by the Department of Energy (to the extent that
the activities are not defense-related activities);
(C) by the Department of Agriculture;
(D) by the Department of Veterans Affairs;
(E) by the Smithsonian Institution; and
(F) by the Department of Education; and
(3) any funds made available by appropriations to the
Environmental Protection Agency for science and technology
activities for basic science or medical research.
(b) Authorization of Appropriations.--
(1) In general.--Subject to the limitations under paragraph
(2), there are authorized to be appropriated as funds for
covered research and development--
(A) for fiscal year 1998, $35,750,000,000, of which
$14,025,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(B) for fiscal year 1999, $39,000,000,000, of which
$15,300,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(C) for fiscal year 2000, $42,250,000,000, of which
$16,575,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(D) for fiscal year 2001, $45,500,000,000, of which
$17,850,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(E) for fiscal year 2002, $48,750,000,000, of which
$19,125,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(F) for fiscal year 2003, $52,000,000,000, of which
$20,400,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(G) for fiscal year 2004, $55,250,000,000, of which
$21,675,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(H) for fiscal year 2005, $58,500,000,000, of which
$22,950,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(I) for fiscal year 2006, $61,750,000,000, of which
$24,225,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services; and
(J) for fiscal year 2007, $65,000,000,000, of which
$25,500,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services.
(2) Limitations.--
(A) Development of public information.--In using
funds made available under this section, the
appropriate officials shall take such action as may be
necessary to ensure that priority is given to basic
scientific research that has the purpose of developing
scientific information to be available to the general
public.
(B) Use of funds.--No funds made available pursuant
to the authorization under this subsection may be used
for commercial purposes, except that such funds may
only be used for precompetitive research and
development for technology.
(C) Peer review.--In allocating funds made
available under this section, the appropriate officials
shall take such action as may be necessary to ensure
that a peer review system is used.
SEC. 4. COMPLIANCE WITH DISCRETIONARY CAPS.
Notwithstanding any other provision of law, no funds may be made
available under this Act in a manner that does not conform with the
discretionary spending caps provided in the most recently adopted
concurrent resolution on the budget. | National Research Investment Act of 1997 - States purposes of this Act, including to double the annual authorized amount of Federal funding for basic science and medical research over the ten-year period following enactment of this Act.
Authorizes appropriations for covered research and development for FY 1998 through 2007 to be used by the National Institutes of Health of the Department of Health and Human Services. Sets forth limitations on the use of such funds. | {"src": "billsum_train", "title": "National Research Investment Act of 1997"} | 1,367 | 93 | 0.532877 | 1.389699 | 0.882722 | 4.373494 | 16.108434 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Sex Offenders Access to
Children in Our Communities Act of 2010''.
SEC. 2. EMPLOYMENT RESTRICTIONS FOR REGISTERED SEX OFFENDERS.
(a) In General.--Subtitle A of the Sex Offender Notification and
Registration Act (42 U.S.C. 16911 et seq.) is amended by adding at the
end the following:
``SEC. 132. EMPLOYMENT RESTRICTIONS FOR REGISTERED SEX OFFENDERS.
``(a) In General.--Each jurisdiction shall prohibit any sex
offender registered with the jurisdiction under section 113 from--
``(1) accepting a position of employment, including a
volunteer position, which by the inherent nature of the
position places the sex offender in direct and substantial
contact with minors; and
``(2) obtaining a permit or permission to carry out an
activity or performance that would present direct and
substantial contact with minors.
``(b) Definition.--In this section, the term `direct and
substantial contact with minors' means--
``(1) working with minors;
``(2) having the opportunity to be alone with minors;
``(3) spending time specifically with minors; or
``(4) any other activity that is targeted to involve
minors.''.
(b) Rulemaking Required.--Not later than 180 days after the date of
enactment of this Act, the Attorney General, in consultation with the
appropriate agencies of the Federal Government and State and local
governments, shall promulgate rules to implement the amendment made by
subsection (a).
SEC. 3. GRANTS FOR IMPLEMENTATION OF A COMMUNITY ACCESSIBLE SEX
OFFENDER REGISTRATION TIPS AND SUPPORT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``direct and substantial contact with minors''
means--
(A) working with minors;
(B) having the opportunity to be alone with minors;
(C) spending time specifically with minors; or
(D) any other activity that is targeted to involve
minors;
(2) the term ``minor'' has the meaning given the term in
section 111 of the Sex Offender Notification and Registration
Act (42 U.S.C. 16911);
(3) the term ``national crime information databases'' has
the meaning given the term in section 534 of title 28, United
States Code; and
(4) the term ``sex offender'' has the meaning given the
term in section 111 of the Sex Offender Notification and
Registration Act (42 U.S.C. 16911).
(b) In General.--The Attorney General may award grants to and enter
into contracts with public agencies or nonprofit private organizations,
or combinations thereof, to establish the program described in
subsection (c).
(c) Community Accessible Sex Offender Tips and Support Program
Described.--The community accessible sex offender registration tips and
support program established under subsection (b) shall--
(1) provide a forum for an individual to submit an
anonymous or confidential tip regarding any sex offender
required to be registered under the Sex Offender Notification
and Registration Act (42 U.S.C. 16911 et seq.) who--
(A) is not complying with the requirements of such
Act;
(B) is in a position which places the sex offender
in direct and substantial contact with minors; or
(C) is engaged in--
(i) activities in violation of the
conditions of the probation or parole of the
sex offender; or
(ii) any other criminal activity;
(2) enable the analysis and coordination of tips provided
under paragraph (1);
(3) use existing Internet sex offender registries, public
information, and the national crime information databases to
compare and contrast information and identify--
(A) sex offenders required to be registered under
the Sex Offender Notification and Registration Act (42
U.S.C. 16911 et seq.) who--
(i) are not complying with the requirements
of such Act;
(ii) are in a position which place the sex
offender in direct and substantial contact with
minors; or
(iii) are engaged in high-risk or criminal
activities in violation of the conditions of
supervision of the sex offender; and
(B) the location of any sex offenders identified
under subparagraph (A) in order to aid the taking of
appropriate action by law enforcement; and
(4) provide a victim of sexual assault, violent crime, and
other nonviolent crime who provide information under paragraph
(1) with an infrastructure of direct advocacy, therapeutic
support, concrete services, and enforcement linkages by
certified rape crisis counselors.
(d) Access to the National Crime Information Databases.--
Notwithstanding any other provision of law, the Attorney General shall
ensure that an agency or organization that is awarded a grant or
contract under this section has access to the national crime
information databases to the extent that the access is for purposes
within the scope of the duties and responsibilities of the agency or
organization to assist or support law enforcement agencies in the
administration of criminal justice functions relating to sex offenders.
(e) Priority.--In making grants or contracts under this section,
the Attorney General shall give priority to applications submitted by
public agencies or nonprofit private organizations that demonstrate--
(1) success in educating the public regarding Federal,
State, and local sex offender registration and notification
requirements and restrictions;
(2) a responsible use of information collected through an
established interactive telephone helpline or Internet Web
site;
(3) success in collaborating and assisting the public and
community organizations in accessing--
(A) sex offender registration and notification
information; and
(B) minor and adult sexual abuse prevention
resources;
(4) success in processing tips from the public regarding
sex offenders, including the monitoring and management of sex
offenders through an established sex offender registration and
notification telephone helpline or Internet Web site;
(5) experience in providing direct advocacy, therapeutic
support, and concrete services to victims of sexual abuse and
other violent and nonviolent crimes by certified rape crisis
counselors; and
(6) success in collaborating with law enforcement
agencies--
(A) in the provision of information received from
the public regarding sex offenders who are not acting
in compliance with the requirements of the Sex Offender
Notification and Registration Act (42 U.S.C. 16911 et
seq.); and
(B) in mitigating the potential threat to public
safety of sex offenders who--
(i) are engaged in high-risk or criminal
activities; or
(ii) are in positions which place the sex
offenders in direct and substantial contact
with minors.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out the grants authorized under
subsection (b) for each of fiscal years 2011 through 2015, and such
sums as are necessary thereafter.
SEC. 4. REDUCING UNNECESSARY PRINTING AND PUBLISHING COSTS OF
GOVERNMENT DOCUMENTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Director of the Office of Management and Budget shall
coordinate with the head of each Executive agency, as defined in
section 105 of title 5, United States Code, to--
(1) determine which Government publications could be made
available on Government Web sites and no longer printed; and
(2) devise a strategy to reduce overall Government printing
costs by not less than a total of $15,000,000 over the 5-year
period beginning with fiscal year 2011.
(b) Requirement.--In carrying subsection (a), the Director of the
Office of Management and Budget shall ensure that essential printed
documents that are prepared for individuals who receive benefits under
the Social Security program, Medicare beneficiaries, and individuals
living in areas with limited Internet access or use continue to remain
available in print.
SEC. 5. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions and amendments to any person or circumstance, shall not be
affected by the holding. | Preventing Sex Offenders Access to Children in Our Communities Act of 2010 - Amends the Sex Offender Notification and Registration Act to require jurisdictions subject to such Act (i.e., states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and certain Indian tribes) to prohibit registered sex offenders from: (1) accepting a position of employment, including a volunteer position, which by the inherent nature of the position places such sex offender in direct and substantial contact with minors; or (2) obtaining a permit or permission to carry out an activity or performance that would present direct and substantial contact with minors.
Authorizes the Attorney General to award grants and enter into contracts with public agencies or nonprofit private organizations to establish a community accessible sex offender tips and support program to provide for anonymous or confidential tips regarding sex offenders who are not complying with registration or other applicable requirements.
Requires the Director of the Office of Management and Budget (OMB) to: (1) coordinate with the head of each executive agency to determine which government publications could be made available on government web sites and no longer printed; (2) devise a strategy to reduce overall government printing costs by not less than $15 million over a five-year period beginning with FY2011; and (3) ensure that essential printed documents continue to be made available to Social Security and Medicare beneficiaries and individuals living in areas with limited Internet access or use. | {"src": "billsum_train", "title": "To protect children from registered sex offenders, and for other purposes."} | 1,866 | 328 | 0.567959 | 1.772643 | 0.709386 | 5.215278 | 5.819444 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay for all your Undocumented
Procedures (PAY UP!) Act of 2009''.
SEC. 2. MAKING PERMANENT THE PROGRAM OF FEDERAL REIMBURSEMENT OF
EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED
ALIENS.
(a) In General.--Subsection (a)(1) of section 1011 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173) is amended--
(1) by inserting ``and for each of fiscal years 2010
through 2014'' after ``each of fiscal years 2005 through
2008''; and
(2) by adding at the end the following: ``There are
authorized to be appropriated to the Secretary for fiscal year
2015 and each succeeding fiscal year such sums as may be
necessary for such purpose.''.
(b) Reallocation of Unspent Funds in a Fiscal Year.--
(1) In general.--Subsection (b) of such section is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)''; and
(ii) by adding at the end the following new
subparagraph:
``(C) Reallotment of unspent funds.--
``(i) In general.--If the amounts allotted
under this paragraph with respect to one or
more States for a fiscal year are not fully
expended under this section during the fiscal
year and there is one or more full expenditure
States for the fiscal year, the Secretary shall
provide for the reallotment of the aggregate
unexpended portion of such amounts (for
expenditure under this paragraph in the
succeeding fiscal year) among eligible
providers in full expenditure States in the
same proportion as the ratio of--
``(I) the amount of each full
expenditure State's allotment under
this paragraph for such fiscal year
(determined without regard to this
subparagraph); to
``(II) the sum of all the amounts
determined for all full expenditure
States under subclause (I).
``(ii) If no full expenditure state.--If
the amounts allotted under this paragraph with
respect to one or more States for a fiscal year
are not fully expended under this section
during the fiscal year and there is no full
expenditure State for the fiscal year, the
aggregate unexpended portion shall be added to
the aggregate amount available for allotment
available under paragraph (1) for the
succeeding fiscal year.
``(iii) Full expenditure state defined.--In
this subparagraph, the term `full expenditure
State' means, with respect to a fiscal year, a
State described in subparagraph (A) which has
received an allotment under this paragraph for
the fiscal year and which has fully expended
such allotment by the end of such fiscal
year.''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``,
subject to subparagraph (D),'' after ``shall'';
and
(ii) by adding at the end the following new
subparagraph:
``(D) Reallotment of unspent funds.--The provisions
of subparagraph (C) of paragraph (1) shall apply with
respect to allotments made under this paragraph to a
State described in subparagraph (A) in the same manner
as such subparagraph (C) applies with respect to
allotments made to a State under paragraph (1).''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to allotments for fiscal years beginning before,
during, or after fiscal 2010; except that, in applying such
amendments for fiscal years that began before the date of the
enactment of this Act--
(A) the allotments to a State for such fiscal years
under paragraph (1) or (2) of section 1011(b) of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173) shall be
treated as being a single allotment under the
respective paragraph for the fiscal year in which this
Act is enacted; and
(B) such fiscal years shall be treated as being
such the fiscal year in which this Act is enacted. | Pay for all your Undocumented Procedures (PAY UP!) Act of 2009 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to make permanent the program of federal reimbursement of emergency health services furnished to undocumented aliens.
Requires a reallotment of unspent program funds in a fiscal year among eligible providers in full expenditure states according to a specified ratio. Requires addition of such funds to the aggregate amount available for allotment for the succeeding fiscal year in the event there is no full expenditure state. | {"src": "billsum_train", "title": "To amend section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) to make permanent the program of Federal reimbursement of emergency health services furnished to undocumented aliens."} | 988 | 128 | 0.640329 | 1.767308 | 0.645433 | 4.505155 | 9.020619 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medal of Honor Commemorative Coin
Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Medal of Honor was first authorized by the Congress
in 1861, as the United States Navy's highest personal
decoration.
(2) The Army Medal of Honor was authorized by the Congress
in 1862, and the Air Force Medal of Honor was authorized by
Congress in 1956.
(3) The Medal of Honor is presented by the President of the
United States in the name of the Congress, to a person who,
while a member of the United States Armed Forces distinguishes
himself or herself conspicuously by gallantry and intrepidity,
at the risk of his or her life, and above and beyond the call
of duty--
(A) while engaged in action against an enemy of the
United States;
(B) while engaged in military operations involving
conflict with an opposing foreign force; or
(C) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.
(4) The deed performed must have been one of personal
bravery or self-sacrifice so conspicuous as to clearly
distinguish the individual above his or her comrades, and must
have involved risk of life.
(5) Incontestable proof of the performance of the service
is required, and each recommendation for the award of the Medal
of Honor is considered on the standard of extraordinary merit.
(6) Fewer than 3,500 Medals of Honor have been awarded to
members of the United States Armed Forces.
(7) The Congressional Medal of Honor Society is a not-for-
profit organization chartered by the 85th Congress under a
legislative act signed into law by President Dwight D.
Eisenhower on August 14, 1958, and membership in the Society is
restricted to recipients of the Medal of Honor.
(8) Society members--
(A) are joined together for the purpose of forming
and maintaining friendship among all living recipients
of the Medal of Honor and remembrance of posthumous and
deceased recipients; and
(B) are dedicated to the protection and
preservation of the dignity, honor, and name of the
Medal of Honor, service to others, service to Nation,
and the promotion of allegiance to the Constitution and
the Government of the United States.
(9) Members of the Society act to foster patriotism and to
inspire and encourage the youth of America to become worthy
citizens.
(10) The Congressional Medal of Honor Foundation, a
501(c)(3) not-for-profit organization founded by the Society in
1999, is dedicated to--
(A) perpetuating the Medal of Honor's legacy
through outreach and collaborative efforts;
(B) raising funds for initiatives that promote what
the Medal of Honor represents, operation of the
Congressional Medal of Honor Society headquarters, and
the public outreach activities of the Medal of Honor
Society's membership; and
(C) promoting American values and the qualities of
courage, sacrifice, and patriotism through increased
awareness, education, scholarships, behavior, and
example.
(11) Through its educational and outreach programs, the
Congressional Medal of Honor Foundation promotes heroism,
selflessness and distinguished citizenship among American
youth, and brings public awareness to the actions of ordinary
Americans who have made and are making a profound difference in
preserving our freedoms.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the founding
of the Medal of Honor in 1861, and notwithstanding any other provision
of law, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 100,000 $5 gold coins,
which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the traditions, legacy, and heritage
of the Medal of Honor, and the distinguished service of its
recipients in the Nation's history.
(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 ``2011''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall--
(1) contain motifs that represent the 3 Medal of Honor
designs (Army, Navy, and Air Force) and specifically honor the
Medal of Honor recipients, both past and present, such designs
to be consistent with the traditions and heritage of the United
States Armed Services, the mission and goals of the
Congressional Medal of Honor Society, and the mission and goals
of the Congressional Medal of Honor Foundation;
(2) be selected by the Secretary, after consultation with
the Boards of the Congressional Medal of Honor Society and
Congressional Medal of Honor Foundation and the Commission of
Fine Arts; and
(3) be reviewed by the Citizens Coin Advisory Committee.
SEC. 5. ISSUANCE.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--For each of the 2 denomination of coins minted
under this Act, at least 1 facility of the United States Mint shall be
used to strike proof quality coins, while at least 1 other such
facility shall be used to strike the uncirculated quality coins.
(c) Period for Issuance.--The Secretary of the Treasury may issue
coins minted under this Act only during the 1-year period beginning on
January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Congressional Medal of Honor Foundation to help finance the
educational, scholarship, and outreach programs of the Foundation.
(c) Audits.--The Congressional Medal of Honor 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 (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of enactment of this Act).
The Secretary may issue guidance to carry out this subsection. | Medal of Honor Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the design selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and the Congressional Medal of Honor Foundation, in honor of the distinguished service of the American military men and women who have been Medal of Honor recipients.
Limits the period for coin issuance to calendar year 2011.
Imposes a surcharge of $35 per coin for the $5 coin and $10 per coin for the $1 coin, to be distributed to the Congressional Medal of Honor Foundation to help finance educational, scholarship, and outreach programs of the Foundation. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in recognition and celebration of the establishment of the Medal of Honor in 1861, America's highest award for valor in action against an enemy force which can be bestowed upon an individual serving in the Armed Services of the United States, to honor the American military men and women who have been recipients of the Medal of Honor, and to promote awareness of what the Medal of Honor represents and how ordinary Americans, through courage, sacrifice, selfless service and patriotism, can challenge fate and change the course of history."} | 1,966 | 146 | 0.473734 | 1.26436 | 0.570888 | 5.791367 | 13.151079 | 0.956835 |
SECTION 1. EXTENSION AND MODIFICATION OF SPECIAL ALLOWANCE FOR CERTAIN
PROPERTY ACQUIRED DURING 2009.
(a) Extension.--
(1) In general.--Paragraph (2) of section 168(k) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``January 1, 2010'' and inserting
``January 1, 2011'', and
(B) by striking ``January 1, 2009'' each place it
appears and inserting ``January 1, 2010''.
(2) Conforming amendments.--
(A) The heading for subsection (k) of section 168
of such Code is amended by striking ``January 1, 2009''
and inserting ``January 1, 2010''.
(B) The heading for clause (ii) of section
168(k)(2)(B) of such Code is amended by striking ``pre-
january 1, 2009'' and inserting ``pre-january 1,
2010''.
(C) Subparagraph (D) of section 168(k)(4) of such
Code is amended--
(i) by striking ``and'' at the end of
clause (i),
(ii) by redesignating clause (ii) as clause
(v), and
(iii) by inserting after clause (i) the
following new clauses:
``(ii) `April 1, 2008' shall be substituted
for `January 1, 2008' in subparagraph
(A)(iii)(I) thereof,
``(iii) `January 1, 2009' shall be
substituted for `January 1, 2010' each place it
appears,
``(iv) `January 1, 2010' shall be
substituted for `January 1, 2011' in
subparagraph (A)(iv) thereof, and''.
(D) Subparagraph (B) of section 168(l)(5) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(E) Subparagraph (B) of section 1400N(d)(3) of such
Code is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
(3) Effective dates.--
(A) In general.--Except as provided in subparagraph
(B), the amendments made by this subsection shall apply
to property placed in service after December 31, 2008,
in taxable years ending after such date.
(B) Technical amendment.--Section 168(k)(4)(D)(ii)
of the Internal Revenue Code of 1986, as added by
paragraph (2)(C)(iii), shall apply to taxable years
ending after March 31, 2008.
(b) Inclusion of Films or Videotape as Qualified Property.--
(1) In general.--Section 168(k)(2) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) Certain films.--The term `qualified property'
includes property--
``(i) which is a motion picture film or
video tape (within the meaning of subsection
(f)(3)) for which a deduction is allowable
under section 167(a) without regard to this
section,
``(ii) the original use of which commences
with the taxpayer after December 31, 2008,
``(iii) which is--
``(I) acquired by the taxpayer
after December 31, 2008, and before
January 1, 2010, but only if no written
binding contract for the acquisition
was in effect before January 1, 2009,
or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after December
31, 2008, and before January 1, 2010,
and
``(iv) which is placed in service by the
taxpayer before January 1, 2010, or, in the
case of property described in subparagraph (B),
before January 1, 2011.''.
(2) Conforming amendments.--
(A) Subclause (I) of section 168(k)(2)(B)(i) of
such Code is amended by inserting ``or (H)'' after
``subparagraph (A)''.
(B) Clause (iii) of section 168(k)(2)(D) of such
Code is amended by adding at the end the following new
sentence: ``For purposes of the preceding sentence, all
property described in subparagraph (H) shall be treated
as one class of property.''.
(C) Subparagraph (E) of section 168(k)(2) of such
Code is amended by adding at the end the following new
clause:
``(v) Application to film and videotape
property.--In the case of property described in
subparagraph (H), clauses (i), (ii), (iii), and
(iv) of this subparagraph shall be applied--
``(I) by substituting `December 31,
2008' for `December 31, 2007' each
place it appears, and
``(II) by treating any reference to
a clause of subparagraph (A) as a
reference to the corresponding clause
of subparagraph (H).''.
(3) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2008.
SEC. 2. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Paragraph (7) of section 179(b) of the Internal
Revenue Code of 1986 is amended--
(1) by inserting ``and 2009'' after ``2008'' in the
heading, and
(2) by inserting ``or 2009'' after ``In the case of any
taxable year beginning in 2008''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008. | Amends the Internal Revenue Code to: (1) extend for one year the additional 50% depreciation allowance (bonus depreciation) for business property placed in service in 2009; (2) qualify motion picture film or video tape for bonus depreciation; and (3) extend through 2009 the increased ($250,000) expensing allowance for certain depreciable business assets. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the special allowance for property acquired during 2009 and to temporarily increase the limitation for expensing certain business assets."} | 1,327 | 79 | 0.487886 | 1.140167 | 0.410566 | 1.852941 | 17.191176 | 0.735294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Imagery, Mapping, and Geospatial
Enhancement Act of 2006''.
SEC. 2. ADDITIONAL FUNCTIONS OF OFFICE OF SPACE COMMERCIALIZATION.
Section 8 of the Technology Administration Act of 1998 (15 U.S.C.
1511e) is amended by adding at the end thereof the following:
``(d) Additional Functions.--Additional functions of the Office
shall be to promote growth and advancement in United States space and
airborne remote sensing technologies, and value-added services related
thereto, by carrying out the following responsibilities:
``(1) Examine the role of commercial remote sensing firms,
including small business, in the United States economy and the
contribution which such firms can make in--
``(A) improving competition in the marketplace;
``(B) enhancing the role of commercial remote
sensing firms in the economy of the United States;
``(C) ensuring that United States firms continue to
lead in the global marketplace;
``(D) applying commercial remote sensing data,
products, and services to national priorities;
``(E) expanding employment opportunities;
``(F) increasing productivity;
``(G) stimulating innovation and entrepreneurship;
and
``(H) providing an avenue through which new and
untested products and services can be brought to the
marketplace.
``(2) Assess the effectiveness of existing Federal agency
use of remote sensing data, products, and services, including
grant, subsidy, and assistance programs to non-Federal
entities, and facilitate a reduction in the use of such
governmental remote sensing data, products, and services and
increase the use of commercial remote sensing firms.
``(3) Promote the objectives of the U.S. Commercial Remote
Sensing Space Policy, issued by the President on May 13, 2003,
particularly its provisions on relying to the maximum practical
extent on United States commercial remote sensing capabilities
and developing a long term, sustainable relationship between
the Federal Government and the United States commercial remote
sensing community.
``(4) Advocate and implement appropriate measures for
creating an environment in which all commercial remote sensing
firms will have the opportunity to compete effectively and
expand to their full potential.
``(5) Evaluate the efforts of each Federal agency, and of
the private sector, to assist commercial remote sensing firms,
provide statistical information on the utilization of such
firms by the Federal Government, and make appropriate
recommendations to the Administrator of the National Oceanic
and Atmospheric Administration, the President, and the Congress
in order to promote the establishment and growth of commercial
remote sensing firms.
``(6) Serve as a focal point for the receipt of complaints,
criticisms, and suggestions concerning the policies and
activities of any Federal agency which affects commercial
remote sensing firms.
``(7) Counsel commercial remote sensing firms on how to
resolve questions and problems concerning the relationship of
such firms to the Federal Government.
``(8) Develop proposals for changes in the policies and
activities of any agency of the Federal Government which will
better fulfill the purposes of this section and communicate
such proposals to the appropriate Federal agencies.
``(9) Represent the views and interests of commercial
remote sensing firms before other Federal agencies whose
policies and activities may affect such firms.
``(10) Enlist the cooperation and assistance of commercial
remote sensing firms, and any association of such firms, in the
development of procurement strategies, policies, and
methodologies that enhance the utilization of commercial remote
sensing firms by Federal agencies (including Federal, State,
and local government agencies, universities, nonprofit
organizations, and foreign governments that expend Federal
funds), and strengthen the selection of such firms based on
demonstrated competence and qualifications.
``(11) Cooperate with public and private agencies,
businesses, and other organizations in disseminating
information about the use and application of remote sensing,
the capabilities of commercial remote sensing firms, and how
such firms can participate in or assist such entities,
programs.
``(12) Make such other recommendations as may be
appropriate to assist the development and strengthening of
commercial remote sensing firms.
``(e) Definitions.--As used in this section, the term--
``(1) `remote sensing' means any activity associated with
and related to geospatial activities associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite images, or other graphical or digital
presentations depicting natural or manmade physical features,
phenomena, and legal boundaries of the Earth from airborne or
spaceborne platforms or other types and sources of data; and
``(2) `firm' means any individual, firm, partnership,
corporation, association, or other legal entity in the United
States organized and permitted by law to engage in the business
of practicing in the profession of remote sensing through the
devotion of time, attention, and labor to providing remote
sensing data, products, technology, or services as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution
thereof.''. | Imagery, Mapping, and Geospatial Enhancement Act of 2006 - Amends the Technology Administration Act of 1998 to include among the functions of the Office of Space Commercialization promoting growth and advancement in U.S. space and airborne remote sensing technologies and related value-added services by: (1) examining the role of, and federal agency use of, commercial remote sensing firms, facilitating a reduction in the use of government remote sensing products and services, and increasing the use of commercial remote sensing firms; (2) promoting the objectives of the U.S. Commercial Remote Sensing Space Policy, particularly provisions on relying on U.S. capabilities and developing a long-term relationship between the government and the U.S. commercial remote sensing community; (3) creating an environment in which all such firms have the opportunity to compete and expand; (4) evaluating federal and private sector efforts to assist such firms and making recommendations to promote their establishment and growth; (5) serving as the focal point for complaints and suggestions concerning federal activities that affect such firms; (6) counseling such firms on government relations; (7) proposing needed changes in federal policies; (8) representing such firms before government agencies; (9) involving such firms in developing federal procurement strategies; (10) disseminating information about the use of remote sensing and the capabilities of such firms; (11) making recommendations to assist the development and strengthening of such firms. | {"src": "billsum_train", "title": "A bill to amend the Technology Administration Act of 1998 to encourage United States leadership in the development, application, and use of commercial space and airborne remote sensing and other geospatial information, and for other purposes."} | 1,080 | 303 | 0.756767 | 2.288497 | 0.987949 | 3.003731 | 3.996269 | 0.936567 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) In 1983, Environmental Land Technology, Ltd. (hereafter
in this Act referred to as ``ELT'') acquired from the State of
Utah 2,440 acres of school trust lands in Washington County,
Utah, north of the city of St. George, for residential and
recreational development purposes and over the next several
years completed appraisals, cost estimates, engineering
studies, site plans, surveys, utility layouts, and right-of-way
negotiations with the city, and obtained water rights for the
land.
(2) With the issuance by the United States Fish and
Wildlife Service of a permit under section 10 of the Endangered
Species Act of 1973 to Washington County, Utah, and the
adoption of the Habitat Conservation Plan and Implementation
Agreement of February of 1996 (hereafter in the Act referred to
as ``HCP and Agreement''), the Bureau of Land Management
assumed an obligation to acquire from willing sellers
approximately 12,600 acres of non-Federal land, including the
ELT development land, to create the Red Cliffs Reserve for the
protection of the desert tortoise.
(3) Since 1996, the Bureau of Land Management has acquired,
through exchange or purchase, nearly all of the privately owned
property within the Federal portion of the Reserve, except for
1,516 acres of the ELT development land.
(4) With the creation of the Grand Staircase National
Monument in 1996 in the State of Utah and the subsequent land
exchanges for the consolidation of lands necessary for the
Monument, there are no longer sufficient comparable lands
within the State of Utah to conduct intrastate exchanges for
the remaining desert tortoise lands.
(5) Under the Uniform Appraisal Standards for Federal Land
Acquisitions, ELT is entitled to have its lands appraised at
fair market value, highest and best use.
(6) The United States Fish and Wildlife Service is charged
with protecting endangered species and administering the
cooperative Endangered Species Conservation Fund which may be
used for the acquisition of private lands, and the Bureau of
Land Management is responsible for acquiring the private lands
within the Red Cliffs Reserve.
(7) The bifurcation of responsibility between the United
States Fish and Wildlife Service and the Bureau of Land
Management has relegated ELT to a bureaucratic ``no-man's-
land''.
(8) The Secretary of the Interior and other department
officials have characterized the acquisition of the ELT lands
to be administered under the HCP and Agreement as a high
priority.
(9) The Department of the Interior did not request any
funds in the budget for fiscal year 2001 to purchase the
remaining privately held lands within the boundaries of the
land to be administered by the Bureau of Land Management under
the HCP and Agreement.
(10) The listing of the desert tortoise and the failure of
the Department of the Interior to identify comparable land
suitable for exchange within the State of Utah or to fund the
purchase of the ELT development land have effectively taken
this property from the remaining private land owner, denying it
the right to develop or otherwise dispose of the property.
(11) With the creation of the Red Cliffs Reserve, ELT has
been unable to develop its property, which has resulted in
extreme financial hardship to the owner, requiring the
liquidation of substantial ELT assets.
(12) It is in the public interest to complete this land
acquisition at the earliest practicable date so that the desert
tortoise habitat lands can be acquired and preserved by the
United States for permanent public management, use, and
enjoyment and the private land owner may be fairly compensated
for its lands.
SEC. 2. ACQUISITION OF CERTAIN PROPERTY IN WASHINGTON COUNTY, UTAH.
(a) In General.--Notwithstanding any other provision of law,
effective on the date of the enactment of this Act, all right, title,
and interest in and to, and the right to immediate possession of, the
1,516 acres of real property owned by ELT, within the Red Cliffs
Reserve in Washington County, Utah, and the 34 acres of real property
owned by ELT which is adjacent to the land within the Reserve but is
landlocked as a result of the creation of the Reserve, is hereby vested
in the United States.
(b) Compensation for Property.--Subject to section 309(f) of the
Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104-
333), the United States shall pay just compensation to the owners of
any real property taken pursuant to this section, determined as of the
date of taking. An initial payment of $15,000,000 shall be made to the
owners of such real property not later than 30 days after the date of
taking. The remainder shall be paid in cash or, at the option of the
land owner, as provided in subsection (e). The full faith and credit of
the United States is hereby pledged to the payment of any judgment
entered against the United States with respect to the taking of such
property. Payment shall be in the amount of the agreed appraised value
of such real property plus interest and reasonable costs and expenses
of holding such property from February 1990 to the date of final
payment or the valuation of such real property awarded by judgment plus
interest, reasonable costs and expenses of holding such property from
February 1990 to the date of final payment, and reasonable costs and
attorney fees. Payment shall be made from the permanent judgment
appropriation established pursuant to section 1304 of title 31, United
States Code, or from another appropriate Federal Government fund.
Interest shall accrue from the date of taking to the date of payment.
Interest shall be compounded quarterly and computed at the rate
applicable for the period involved, as determined by the Secretary of
the Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of comparable
maturities from the date of enactment of this section to the last day
of the month preceding the date on which payment is made.
(c) Determination by Court in Lieu of Negotiated Settlement.--In
the absence of a negotiated settlement, or an action by the owner,
within 90 days after the date of enactment of this section, the
Secretary of the Interior shall initiate a proceeding in the United
States Federal District Court for the District of Utah, seeking a
determination, subject to section 309(f) of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333), of just
compensation with respect to the taking of such property.
(d) Unauthorized Use of Lands Prohibited.--The Secretary of the
Interior shall not allow any unauthorized use of the lands to be
acquired under this subsection, except that the Secretary of the
Interior shall permit the orderly termination of all current activities
and the removal of any equipment, facilities, or personal property.
(e) Surplus Property Account.--If requested by the land owner, the
Secretary of the Interior shall credit a surplus property account, to
be established in the name of the land owner, in the amount of (1) the
agreed appraised value of such real property plus interest and
reasonable costs and expenses of holding such property from February
1996 to the date that surplus property credits become available for use
under this subsection, or (2) the valuation of such real property
awarded by judgment plus interest, reasonable costs and expenses of
holding such property from February 1996 to the date that surplus
property credits become available for use under this subsection, and
reasonable costs and attorney fees. The land owner may, using the
credit in the surplus property account established pursuant to this
section, bid, as any other bidder for surplus property, wherever
located, in accordance with the Federal Property and Administrative Act
of 1949. The Administrator of General Services shall establish the land
owner's surplus property account and shall adjust the credit in the
account to reflect successful bids under this subsection. Credit in the
surplus property account may be transferred or sold in whole or in part
at any time by the land owner to any other party, thereby vesting such
party with all the rights of the land owner, and not later than 60 days
after such transfer, the land owner shall notify the Administrator of
the transfer. | Directs the United States to pay specified compensation to the owners of any such real property from the permanent judgment appropriation or from another appropriate Federal Government fund. Requires the Secretary of the Interior, in the absence of a negotiated settlement, or an action by an owner, to initiate a proceeding seeking a determination of just compensation.
Prohibits the Secretary from allowing any unauthorized use of such lands, except for the termination of all current activities and the removal of any equipment, facilities, or personal property.
Requires the Secretary, if requested by a land owner, to credit a surplus property account to be established in the name of the owner. Allows the land owner, using the credit in such account, to bid as any other bidder for surplus property, wherever located. | {"src": "billsum_train", "title": "A bill to provide for all right, title, and interest in and to certain property in Washington County, Utah, to be vested in the United States."} | 1,739 | 172 | 0.317539 | 1.057531 | 0.524876 | 4.838926 | 11.255034 | 0.946309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contracting Clarity
Act of 2015''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Native Hawaiians make up an economically disadvantaged
group.
(2) According to statistics from 2013, in the United
States--
(A) only 1 in 5 Native Hawaiians had attained a
bachelor's degree or higher (20.5 percent), which is
lower than percentage nationally (29.1 percent), the
percentage for Whites (32.5 percent), and the
percentage for Asians (50.7 percent);
(B) the unemployment rate of Native Hawaiians (7.5
percent) was higher than the national unemployment rate
(5.9 percent);
(C) Native Hawaiians remained underrepresented in
management, business, sciences and arts occupations
(28.4 percent) in comparison to the national level or
representation (36.2 percent);
(D) the average earnings of a Native Hawaiian
household ($70,686) was lower than the national average
($74,657);
(E) the percentage of Native Hawaiian households
receiving benefits from the supplemental nutrition
assistance program (18.8 percent) was higher than the
national percentage (13.4 percent);
(F) the poverty rate of Native Hawaiian families
(13.2 percent) remains higher than the national rate
(11.7 percent); and
(G) approximately 34 percent of Native Hawaiian
households surveyed did not have a savings account, in
comparison to 29.5 percent of all households surveyed.
(3) In 2001, the Department of the Treasury found that
Native Hawaiians living on Hawaiian Home Lands (as defined in
section 247(d)(2) of the National Housing Act (12 U.S.C. 1715z-
12(d)(2))) face significant barriers to capital access, credit,
and basic financial services.
(4) The United States as a whole will benefit from policies
that assist Native Hawaiians in economic equality.
(5) Participation in the free enterprise system is
essential to gain economic equality and self-sufficiency for
Native Hawaiians.
(6) Government procurement from Native Hawaiian
Organizations (as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15))) offers a way for Native
Hawaiians to participate in our free enterprise system by
providing goods and services, revenue, and jobs for Native
Hawaiians.
(7) Consistent promotion of and Federal assistance for
Native Hawaiian Organizations will guarantee that Native
Hawaiians gain and maintain economic equality.
(b) Sense of Congress.--It is the sense of Congress that it is in
the best interests of the United States to consistently promote and
assist Native Hawaiian Organizations.
SEC. 3. SMALL BUSINESS CONFORMITY.
(a) HUBZone Eligibility.--
(1) In general.--Section 3(p)(3) of the Small Business Act
(15 U.S.C. 632(p)(3)) is amended--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) a small business concern--
``(i) that is wholly owned by one or more
Native Hawaiian Organizations (as defined in
section 8(a)(15)), or by a corporation that is
wholly owned by one or more Native Hawaiian
Organizations; or
``(ii) that is owned in part by one or more
Native Hawaiian Organizations, or by a
corporation that is wholly owned by one or more
Native Hawaiian Organizations, if all other
owners are either United States citizens or
small business concerns;''.
(2) Conforming amendment.--Section 3(p)(5)(A)(i)(I)(aa) of
the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)(aa)) is
amended by striking ``subparagraph (A), (B), (C), (D), or (E)
of paragraph (3)'' and inserting ``subparagraph (A), (B), (C),
(D), (E) or (F) of paragraph (3)''.
(b) 8(a) Program.--
(1) In general.--Section 8(a)(6)(A) of the Small Business
Act (15 U.S.C. 637(a)(6)(A)) is amended by adding at the end
the following new sentence: ``Native Hawaiian Organizations (as
defined in paragraph (15)) shall be deemed to be economically
disadvantaged for the purposes of this subsection.''.
(2) Applicability.--The amendment made by this subsection
shall take effect on the date of enactment of this Act and
apply to determinations of economic disadvantage made before,
on, or after the date of enactment of this Act. | Small Business Contracting Clarity Act of 2015 This bill expresses the sense of Congress that it is in the best interests of the United States to consistently promote and assist Native Hawaiian Organizations, which are deemed to be economically disadvantaged for purposes of Small Business Administration (SBA) procurement contract requirements. The Small Business Act is amended to designate these Organizations as HUBZone (historically underutilized business zone) small businesses for purposes of SBA assistance. | {"src": "billsum_train", "title": "Small Business Contracting Clarity Act of 2015"} | 1,092 | 98 | 0.488091 | 1.353965 | 1.057179 | 3.691358 | 11.777778 | 0.82716 |
SECTION 1. RELEASE OF PRODUCTS FROM NORTHEAST HOME HEATING OIL RESERVE
ACCOUNT.
Section 183 of the Energy Policy and Conservation Act (42 U.S.C.
6250b) is amended by striking subsection (a) and inserting the
following:
``(a) Findings.--
``(1) Optional releases.--
``(A) In general.--Subject to paragraph (2), the
Secretary may sell products from the Reserve only on a
finding by the President that--
``(i) there is a severe energy supply
interruption; or
``(ii) the price of home heating oil
threatens the health and safety of residents of
the Northeast.
``(B) Requirement.--The President may make a
finding under subparagraph (A) only if the President
determines that--
``(i) a dislocation in the heating oil
market has resulted from an interruption
described in subparagraph (A)(i);
``(ii) the price of home heating oil has
increased by such an extent that the Northeast
is experiencing, or will experience, an
emergency situation that threatens the safety
and health of residents of the Northeast; or
``(iii)(I) a circumstance (other than a
circumstance described in clause (i) or (ii))
exists that constitutes a regional supply
shortage of significant scope and duration; and
``(II) action taken under this section
would assist directly and significantly in
reducing the adverse impact of the shortage.
``(2) Mandatory releases.--
``(A) In general.--For each fiscal year, the
Secretary shall sell--
``(i) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as reported in the retail
price data of the Energy Information
Administration for the Northeast) is equal to
or more than $4.00 per gallon (in 2008 dollars)
on November 1 of that fiscal year;
``(ii) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on December 1 of that fiscal year;
``(iii) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on January 1 of that fiscal year;
``(iv) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on February 1 of that fiscal year; and
``(v) 20 percent of the quantity of
products in the Reserve as of November 1 of
that fiscal year, on a finding by the President
that the average retail price of No. 2 heating
oil in the Northeast (as so reported) is equal
to or more than $4.00 per gallon (in 2008
dollars) on March 1 of that fiscal year.
``(B) Use of revenue.--The Secretary shall use any
revenue derived from the sale of products in the
Reserve under subparagraph (A) to provide assistance to
low-income consumers of heating oil under the
Weatherization Assistance Program for Low-Income
Persons established under part A of title IV of the
Energy Conservation and Production Act (42 U.S.C. 6861
et seq.).''. | Amends the Energy Policy and Conservation Act to revise requirements for the sale by the Secretary of Energy of products from the Northeast Home Heating Oil Reserve.
Authorizes the Secretary to sell from the Reserve if the President finds that: (1) there is a severe energy supply interruption (as under existing law); or (2) the price of home heating oil threatens the health and safety of residents of the Northeast.
Requires the Secretary to sell specified percentages of the quantity of products in the Reserve as of November 1 of a fiscal year if the President finds that, on successive monthly winter dates of the same fiscal year, the average retail price of No.2 heating oil in the Northeast is equal to or more than $4.00 per gallon (in 2008 dollars).
Requires the Secretary to use any revenue derived from such sales to provide assistance to low-income consumers of heating oil under the Weatherization Assistance Program for Low-Income Persons of the Energy Conservation and Production Act. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy and Conservation Act to modify the conditions for the release of products from the Northeast Home Heating Oil Reserve Account, and for other purposes."} | 862 | 209 | 0.686542 | 1.994083 | 0.912908 | 4.147368 | 4.3 | 0.884211 |
SECTION 1. COOPERATIVE EDUCATION.
(a) Reservation for Continuation Awards.--The matter preceding
paragraph (1) of section 802(b) of the Higher Education Act of 1965 (20
U.S.C. 1133a(b)(1)) is amended to read as follows:
``(b) Reservations.--From the amounts appropriated pursuant to the
authority of subsection (a) for fiscal year 1993 the Secretary shall
reserve such sums as are necessary to make grant awards in accordance
with section 803(a)(6) for such year. From the amounts appropriated
pursuant to the authority of subsection (a) and not reserved pursuant
to the preceding sentence in each fiscal year--''.
(b) Clarification Regarding Subsequent Participation of Certain
Grant Recipients.--Section 803 of the Higher Education Act of 1965 (20
U.S.C. 1133b) is amended--
(1) in subparagraph (A) of subsection (a)(1), by striking
``that have not received a grant under this paragraph in the
10-year period preceding the date for which a grant under this
section is requested'';
(2) in the heading of subsection (c), by inserting ``;
Subsequent Participation Rule'' after ``Share''; and
(3) in subsection (c)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``No'' and inserting
``Except as provided in paragraph (4), no'';
(B) in subparagraph (A), by inserting ``, except
that any grant awarded pursuant to section 802 of the
Higher Education Act of 1965 (as such Act was in effect
on July 22, 1992) shall be included in the calculation
of the 5 fiscal year period described in this
subparagraph'' before the semicolon; and
(C) by adding at the end the following new
paragraph:
``(4) Subsequent participation rule.--An institution of
higher education or a combination of such institutions shall be
eligible to receive a grant under subsection (a)(1)(A) after
the expiration of the 10 fiscal year period following the final
fiscal year in which such institution or combination receives
grant funds in accordance with subparagraph (A) or (B) of
paragraph (1).''.
(c) Priority.--Subsection (a) of section 803 of the Higher
Education Act of 1965 (20 U.S.C. 1135b) is further amended by adding at
the end the following new paragraph:
``(6) Priority.--In awarding grants under paragraph (1)(A)
in any fiscal year the Secretary shall give priority to
institutions of higher education or combinations of such
institutions that have received grant funds in the preceding
fiscal year pursuant to a multiyear grant award under paragraph
(1)(A) or section 802 of the Higher Education Act of 1965 (as
such section was in effect on July 22, 1992).''.
(d) Federal Share.--Subsection (c) of section 803 of the Higher
Education Act of 1965 (20 U.S.C. 1133b(c)) is further amended--
(1) in the matter preceding subparagraph (A) of paragraph
(2), by striking ``The'' and inserting ``Except as provided in
paragraph (3), the''; and
(2) by amending paragraph (3) to read as follows:
``(3) Special rule.--The Secretary shall not waive the
provisions of this subsection, except that if an institution of
higher education or combination of such institutions received
grant funds under section 802 of the Higher Education Act of
1965 (as such section was in effect on July 22, 1992) pursuant
to a multiyear grant award and such institution or combination
is eligible to receive grant funds under this section, then the
Secretary shall waive the Federal share provisions set forth in
paragraph (2) for such institution or combination and shall
apply the Federal share provisions set forth in section
802(c)(2) of the Higher Education Act of 1965 (as such section
was in effect on July 22, 1992) to such institution or
combination for the duration of such multiyear grant award.''.
(e) Availability of Appropriations.--Subsection (c) of section 802
of the Higher Education Act of 1965 (20 U.S.C. 1133a(c)) is amended to
read as follows:
``(c) Availability of Appropriations.--
``(1) Limitation regarding compensation of students.--
Appropriations under this title shall not be available for the
payment of compensation of students for employment by employers
under arrangements pursuant to this title.
``(2) Special rule.--Funds appropriated pursuant to the
authority of subsection (a) for fiscal year 1993 shall remain
available for obligation until September 30, 1994.''.
SEC. 2. GRADUATE PROGRAMS.
Notwithstanding any other provision of law, if an individual
received multiyear fellowship assistance under part B, C, or D of title
IX of the Higher Education Act of 1965 in fiscal year 1992, then the
Secretary of Education shall apply the provisions of such parts (as
such parts were in effect on July 22, 1992) for the remainder of the
duration of such multiyear fellowship assistance.
SEC. 3. PACIFIC REGIONAL EDUCATIONAL LABORATORY.
The matter preceding paragraph (1) of section 101A(b) of the Carl
D. Perkins Vocational and Applied Technology Education Act (20 U.S.C.
2311a(b)) is amended--
(1) by striking ``Center for the Advancement of Pacific
Education, Honolulu, Hawaii, or its successor entity as the
Pacific regional educational laboratory'' and inserting
``Pacific Regional Educational Laboratory, Honolulu, Hawaii'';
and
(2) by inserting ``or provide direct services regarding''
after ``grants for''.
SEC. 4. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS.
Section 232 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2341a) is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``or
consortia thereof'' before ``within''; and
(B) in the second sentence--
(i) by inserting ``or consortium'' before
``shall''; and
(ii) by inserting ``or consortium'' before
``in the preceding'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``or consortia''
after ``institutions''; and
(B) in the matter preceding subparagraph (A) of
paragraph (2), by inserting ``or consortia'' after
``institutions''; and
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``or
consortium'' after ``institution''; and
(B) in paragraph (2), by inserting ``or consortia''
after ``institutions''.
SEC. 5. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.
Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107(f))
is amended--
(1) in paragraph (1) of subsection (b), by striking ``the
Federal share of'';
(2) in subparagraph (B) of subsection (e)(1), by striking
``share of the cost of the activities of the Board is'' and
inserting ``contributions described in subsection (f) are'';
and
(3) by amending subsection (f) to read as follows:
``(f) Matching Funds Requirement.--
``(1) In general.--The Secretary shall not provide
financial assistance under this subpart to the Board unless the
Board agrees to expend non-Federal contributions equal to $1
for every $1 of the Federal funds provided pursuant to such
financial assistance.
``(2) Non-federal contributions.--The non-Federal
contributions described in paragraph (1)--
``(A) may include all non-Federal funds raised by
the Board on or after January 1, 1987; and
``(B) may be used for outreach, implementation,
administration, operation, and other costs associated
with the development and implementation of national
teacher assessment and certification procedures under
this subpart.''.
Passed the Senate May 4 (legislative day, April 19), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Amends the Higher Education Act of 1965 (HEA) to revise provisions for cooperative education grants to institutions and other entities with respect to: (1) reservation of funds for certain grant awards; (2) subsequent participation of certain grantees; (3) priority in awarding grants; (4) Federal share; and (5) availability of appropriations.
Directs the Secretary of Education to apply the provisions of specified graduate fellowship programs under HEA as they were in effect on July 22, 1992, for the remainder of such multiyear fellowship assistance for any individual who received such assistance in FY 1992.
Revises HEA provisions for the National Board for Professional Teaching Standards with respect to a matching funds requirement.
Amends the Carl D. Perkins Vocational and Applied Technology Education Act with respect to: (1) the Pacific Regional Educational Laboratory; and (2) distribution of funds to postsecondary and adult programs. | {"src": "billsum_train", "title": "A bill to make technical amendments to the Higher Education Act of 1965 and the Carl D. Perkins Vocational and Applied Technology Act."} | 1,914 | 187 | 0.520248 | 1.44388 | 0.829295 | 3.045714 | 9.628571 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercity Rail Infrastructure
Investment Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) intercity passenger rail service is an essential
component of an integrated national transportation system;
(2) Amtrak must lessen its dependence on Federal operating
support and instead enter into more sustaining partnerships
with States, multi-State regions, and localities;
(3) intercity passenger rail service can play a significant
role in reducing traffic congestion, improve national ambient
air quality standards, and lower fuel consumption;
(4) since certain major rail corridors clearly meet the
description of National Highway System principal arterial
routes in section 103(b)(1) of title 23, United States Code, by
serving major population centers, major travel destinations,
and other intermodal transportation facilities, the corridors
should be designated as part of the mapped National Highway
System;
(5) since intercity passenger rail service is often
provided in the same corridor as, or in proximity to, a
designated segment of the National Highway System or will
improve the level of service on a National Highway System
segment, the service should be eligible for funding under
section 103(i) of title 23, United States Code;
(6) States should be given the maximum flexibility in the
use of Federal transportation funds provided under titles 23
and 49, United States Code, to provide--
(A) transportation systems that reflect local
priorities; and
(B) the highest quality most appropriate
transportation services for citizens of the States; and
(7) Federal law should not restrict the rights of States to
use their Federal transportation allocation for intercity
passenger rail service.
SEC. 3. DESIGNATION OF CERTAIN CORRIDORS AS PART OF NATIONAL HIGHWAY
SYSTEM.
Section 103 of title 23, United States Code, is amended by
inserting after subsection (b) the following:
``(c) Rail Lines and Related Facilities.--The National Highway
System as designated pursuant to this section shall include the rail
lines and related facilities owned or used by the National Railroad
Passenger Corporation for the provision of intercity passenger service
between Boston, Massachusetts, and Washington, District of Columbia
(including the rail lines owned by the Corporation between
Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, and between
New Haven, Connecticut, and Springfield, Massachusetts); between New
York, New York, and Albany, New York; between Albany, New York, and
Buffalo, New York; between Washington, District of Columbia, and
Richmond, Virginia; between Raleigh, North Carolina, and Charlotte,
North Carolina; between Miami, Florida, and Tampa, Florida (through
West Palm Beach, Florida, and Orlando, Florida); between Detroit,
Michigan, and Chicago, Illinois; between Milwaukee, Wisconsin, and
Chicago, Illinois; between St. Louis, Missouri, and Chicago, Illinois;
between San Diego, California, and Sacramento, California (through Los
Angeles, California, and Oakland, California); and between Eugene,
Oregon, and Vancouver, British Columbia (through Portland, Oregon).''.
SEC. 4. INTERSTATE RAIL COMPACTS.
(a) Consent to Compacts.--Congress grants consent to States with an
interest in a specific form, route, or corridor of intercity passenger
rail service (including high speed rail service) to enter into
interstate compacts to promote the provision of the service,
including--
(1) retaining an existing service or commencing a new
service;
(2) assembling rights-of-way; and
(3) performing capital improvements, including--
(A) the construction and rehabilitation of
maintenance facilities;
(B) the purchase of locomotives; and
(C) operational improvements, including
communications, signals, and other systems.
(b) Financing.--An interstate compact established by States under
subsection (a) may provide that, in order to carry out the compact, the
States may--
(1) accept contributions from a unit of State or local
government or a person;
(2) use any Federal or State funds made available for
intercity passenger rail service (except funds made available
for the National Railroad Passenger Corporation);
(3) on such terms and conditions as the States consider
advisable--
(A) borrow money on a short-term basis and issue
notes for the borrowing; and
(B) issue bonds; and
(4) obtain financing by other means permitted under Federal
or State law.
SEC. 5. ELIGIBILITY OF PASSENGER RAIL AS NATIONAL HIGHWAY SYSTEM
PROJECT.
Section 103(i) of title 23, United States Code, is amended by
adding at the end the following:
``(14) Construction of and operational improvements for
intercity passenger rail facilities, operation of intercity
passenger rail trains, and acquisition of rolling stock for
intercity passenger rail service, except that not more than 50
percent of the amount received by a State for a fiscal year
under this paragraph may be obligated for operation.''.
SEC. 6. ELIGIBILITY OF PASSENGER RAIL UNDER CONGESTION MITIGATION AND
AIR QUALITY IMPROVEMENT PROGRAM.
The first sentence of section 149(b) of title 23, United States
Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) if the project or program will have air quality
benefits through construction of and operational improvements
for intercity passenger rail facilities, operation of intercity
passenger rail trains, and acquisition of rolling stock for
intercity passenger rail service, except that not more than 50
percent of the amount received by a State for a fiscal year
under this paragraph may be obligated for operating support.''.
SEC. 7. ELIGIBILITY OF PASSENGER RAIL FOR MASS TRANSPORTATION FUNDING.
(a) Definition of Mass Transportation.-- Section 5302(a)(7) of
title 49, United States Code, is amended by inserting ``including
intercity passenger rail transportation,'' after ``public''.
(b) Definition of Designated Recipient.--Section 5307(a)(2) of
title 49, United States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or'' and
(3) by adding at the end the following:
``(D) a provider of intercity passenger rail
transportation.''.
(c) Financial Assistance for Other Than Urbanized Areas.--Section
5311(b) of title 49, United States Code, is amended by adding at the
end the following:
``(3) Grants for intercity passenger rail service under this
section shall be used to preserve the maximum choice of passenger modes
in areas other than urbanized areas.''. | Intercity Rail Infrastructure Investment Act - Amends Federal highway system law to designate certain National Railroad Passenger Corporation (AMTRAK) intercity passenger rail service corridors to be part of the National Highway System.
Grants congressional consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote such service.
Makes construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service eligible projects for funding under the National Highway System. Authorizes States to obligate congestion mitigation and air quality improvement program funds for such projects.
Revises the term "mass transportation" to cover intercity passenger rail transportation. Makes such transportation projects eligible for Federal mass transportation funding. Requires grants for intercity passenger rail service to be used to preserve the maximum choice of passenger modes in non-urbanized areas. | {"src": "billsum_train", "title": "Intercity Rail Infrastructure Investment Act"} | 1,490 | 212 | 0.524205 | 1.418414 | 0.850433 | 5.005435 | 7.766304 | 0.896739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Military Facility Structure
Review Act of 2003''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on the
Review of the Overseas Military Facility Structure of the United States
(in this Act referred to as the ``Commission'').
(b) Membership.--(1) The Commission shall be composed of 8 members
of whom--
(A) 2 shall be appointed by the Majority Leader of the
Senate;
(B) 2 shall be appointed by the Minority Leader of the
Senate;
(C) 2 shall be appointed by the Speaker of the House of
Representatives; and
(D) 2 shall be appointed by the Minority Leader of the
House of Representatives.
(2) Individuals appointed to the Commission shall have significant
experience in the national security or foreign policy of the United
States.
(3) Appointments of the members of the Commission shall be made not
later than 45 days after the date of the enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman; Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 3. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a thorough study of
matters relating to the military facility structure of the United
States overseas.
(b) Matters To Be Studied.--In conducting the study, the Commission
shall--
(1) assess the number of forces required to be forward
based outside the United States;
(2) examine the current state of the military facilities
and training ranges of the United States overseas for all
permanent stations and deployed locations, including the
condition of land and improvements at such facilities and
ranges and the availability of additional land, if required,
for such facilities and ranges;
(3) identify the amounts received by the United States,
whether in direct payments, in-kind contributions, or
otherwise, from foreign countries by reason of military
facilities of the United States overseas;
(4) assess whether or not the current military basing and
training range structure of the United States overseas is
adequate to meet the current and future mission of the
Department of Defense, including contingency, mobilization, and
future force requirements;
(5) assess the feasibility and advisability of the closure
or realignment of military facilities of the United States
overseas, or of the establishment of new military facilities of
the United States overseas; and
(6) consider or assess any other issue relating to military
facilities of the United States overseas that the Commission
considers appropriate.
(c) Report.--(1) Not later than August 30, 2004, the Commission
shall submit to the President and Congress a report which shall contain
a detailed statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) In addition to the matters specified in paragraph (1), the
report shall also include a proposal by the Commission for an overseas
basing strategy for the Department of Defense in order to meet the
current and future mission of the Department.
SEC. 4. POWERS OF COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(c) Administrative Support Services.--Upon request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
necessary for the Commission to carry out its duties under this Act.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission under this Act. All members of the
Commission who are officers or employees of the United States shall
serve without compensation in addition to that received for their
services as officers or employees of the United States.
(b) Travel.--(1) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission
under this Act.
(2) Members and staff of the Commission may receive transportation
on aircraft of the Military Airlift Command to and from the United
States, and overseas, for purposes of the performance of the duties of
the Commission to the extent that such transportation will not
interfere with the requirements of military operations.
(c) Staff.--(1) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Commission to perform its duties under this
Act. The employment of an executive director shall be subject to
confirmation by the Commission.
(2) The Commission may employ a staff to assist the Commission in
carrying out its duties. The total number of the staff of the
Commission, including an executive director under paragraph (1), may
not exceed 12.
(3) The Chairman of the Commission may fix the compensation of the
executive director and other personnel without regard to chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates, except
that the rate of pay for the executive director and other personnel may
not exceed the rate payable for level V of the Executive Schedule under
section 5316 of such title.
(d) Detail of Government Employees.--Any employee of the Department
of Defense, the Department of State, or the General Accounting Office
may be detailed to the Commission without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 6. SECURITY.
(a) Security Clearances.--Members and staff of the Commission, and
any experts and consultants to the Commission, shall possess security
clearances appropriate for their duties with the Commission under this
Act.
(b) In General.--The Secretary of Defense shall assume
responsibility for the handling and disposition of any information
relating to the national security of the United States that is
received, considered, or used by the Commission under this title.
SEC. 7. TERMINATION OF COMMISSION.
The Commission shall terminate 45 days after the date on which the
Commission submits its report under section 3.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $3,000,000
to the Commission to carry out this Act.
(b) Availability.--The amount authorized to be appropriated by
subsection (a) shall remain available, without fiscal year limitation,
until September 2005. | Overseas Military Facility Structure Review Act of 2003 - Establishes the Commission on the Review of the Overseas Military Facility Structure of the United States to: (1) study matters relating to the military facility structure of the United States overseas; and (2) report review results to the President and Congress, including a proposal for an overseas basing strategy to meet current and future mission requirements of the Department of Defense. | {"src": "billsum_train", "title": "A bill to establish a commission to assess the military facility structure of the United States overseas, and for other purposes."} | 1,857 | 89 | 0.598337 | 1.417803 | 1.003217 | 5.064103 | 22.730769 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Kingdom-NAFTA Accession
Act''.
SEC 2. ACCESSION OF UNITED KINGDOM TO THE NORTH AMERICAN FREE TRADE
AGREEMENT.
(a) In General.--Subject to section 3, the President is authorized
to enter into an agreement described in subsection (b) and the
provisions of section 151(c) of the Trade Act of 1974 (19 U.S.C.
2191(c)) shall apply with respect to a bill to implement such agreement
if such agreement is entered into on or before December 31, 2003.
(b) Agreement Described.--An agreement described in this subsection
means an agreement that--
(1) provides for the accession of United Kingdom to the
North American Free Trade Agreement; or
(2) is a bilateral agreement between the United States and
United Kingdom that provides for the reduction and ultimate
elimination of tariffs and other nontariff barriers to trade
and the eventual establishment of a free trade area between the
United States and United Kingdom.
SEC. 3. INTRODUCTION AND FAST-TRACK CONSIDERATION OF IMPLEMENTING BILL.
(a) Introduction in House and Senate.--When the President submits
to Congress a bill to implement a trade agreement described in section
2, the bill shall be introduced (by request) in the House and the
Senate as described in section 151(c) of the Trade Act of 1974 (19
U.S.C. 2191(c)).
(b) Restrictions on Content.--A bill to implement a trade agreement
described in section 2--
(1) shall contain only provisions that are necessary to
implement the trade agreement; and
(2) may not contain any provision that establishes (or
requires or authorizes the establishment of) a labor or
environmental protection standard or amends (or requires or
authorizes an amendment of) any labor or environmental
protection standard set forth in law or regulation.
(c) Point of Order in Senate.--
(1) Applicability to all legislative forms of implementing
bill.--For the purposes of this subsection, the term
``implementing bill'' means the following:
(A) The bill.--A bill described in subsection (a),
without regard to whether that bill originated in the
Senate or the House of Representatives.
(B) Amendment.--An amendment to a bill referred to
in subparagraph (A).
(C) Conference report.--A conference report on a
bill referred to in subparagraph (A).
(D) Amendment between houses.--An amendment between
the houses of Congress in relation to a bill referred
to in subparagraph (A).
(E) Motion.--A motion in relation to an item
referred to in subparagraph (A), (B), (C), or (D).
(2) Making of point of order.--
(A) Against single item.--When the Senate is
considering an implementing bill, a Senator may make a
point of order against any part of the implementing
bill that contains material in violation of a
restriction under subsection (b).
(B) Against several items.--Notwithstanding any
other provision of law or rule of the Senate, when the
Senate is considering an implementing bill, it shall be
in order for a Senator to raise a single point of order
that several provisions of the implementing bill
violate subsection (b). The Presiding Officer may
sustain the point of order as to some or all of the
provisions against which the Senator raised the point
of order.
(3) Effect of sustainment of point of order.--
(A) Against single item.--If a point of order made
against a part of an implementing bill under paragraph
(2)(A) is sustained by the Presiding Officer, the part
of the implementing bill against which the point of
order is sustained shall be deemed stricken.
(B) Against several items.--In the case of a point
of order made under paragraph (2)(B) against several
provisions of an implementing bill, only those
provisions against which the Presiding Officer sustains
the point of order shall be deemed stricken.
(C) Stricken matter not in order as amendment.--
Matter stricken from an implementing bill under this
paragraph may not be offered as an amendment to the
implementing bill (in any of its forms described in
paragraph (1)) from the floor.
(4) Waivers and appeals.--
(A) Waivers.--Before the Presiding Officer rules on
a point of order under this subsection, any Senator may
move to waive the point of order as it applies to some
or all of the provisions against which the point of
order is raised. Such a motion to waive is amendable in
accordance with the rules and precedents of the Senate.
(B) Appeals.--After the Presiding Officer rules on
a point of order under this subsection, any Senator may
appeal the ruling of the Presiding Officer on the point
of order as it applies to some or all of the provisions
on which the Presiding Officer ruled.
(C) Three-fifths majority required.--
(i) Waivers.--A point of order under this
subsection is waived only by the affirmative
vote of at least the requisite majority.
(ii) Appeals.--A ruling of the Presiding
Officer on a point of order under this
subsection is sustained unless at least the
requisite majority votes not to sustain the
ruling.
(iii) Requisite majority.--For purposes of
clauses (i) and (ii), the requisite majority is
three-fifths of the Members of the Senate, duly
chosen and sworn.
(d) Applicability of Fast Track Procedures.--Section 151 of the
Trade Act of 1974 (19 U.S.C. 2191) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``section 3 of the United Kingdom-
NAFTA Accession Act,'' after ``the Omnibus Trade and
Competitiveness Act of 1988,''; and
(B) by amending subparagraph (C) to read as
follows:
``(C) if changes in existing laws or new statutory
authority is required to implement such trade agreement
or agreements or such extension, provisions, necessary
to implement such trade agreement or agreements or such
extension, either repealing or amending existing laws
or providing new statutory authority.''; and
(2) in subsection (c)(1), by inserting ``or under section 3
of the United Kingdom-NAFTA Accession Act,'' after ``the
Uruguay Round Agreements Act,''. | United Kingdom-NAFTA Accession Act - Authorizes the President to enter into: (1) an agreement for the accession of the United Kingdom to the North American Free Trade Agreement (NAFTA); or (2) a bilateral agreement between the United States and the United Kingdom that reduces and ultimately eliminates tariffs and other nontariff barriers to trade and provides for the eventual establishment of a free trade area. Applies congressional fast track procedures (no amendments) to implementing bills for trade agreements entered under this Act. | {"src": "billsum_train", "title": "A bill to authorize negotiation for the accession of United Kingdom to the North American Free Trade Agreement, and for other purposes."} | 1,472 | 112 | 0.63181 | 1.673202 | 1.211834 | 3.625 | 13.447917 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ready Schools Act of 2011''.
SEC. 2. READY SCHOOLS.
Section 1112(b)(1)(E) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6312(b)(1)(E)) is amended to read as follows:
``(E) a description of how the local educational
agency will assist each elementary school that is
served by the local educational agency and that
receives assistance under this part, in conducting, not
less often than once every 3 years (depending on the
needs of the school), a ready school needs review
that--
``(i) will be used by the school in
developing and implementing policies and
procedures that create a school environment and
classroom practices that--
``(I) support each child in meeting
State and grade level expectations and
challenges, including the academic
content standards and academic
achievement standards under section
1111(b); and
``(II) support successful
transitions for children; and
``(ii) includes, at a minimum, the needs of
the school regarding--
``(I) the use of developmentally
appropriate (including culturally and
linguistically appropriate) curricula,
classroom materials, teaching
practices, instructional assessments,
and accommodations;
``(II) appropriate services and
supports for children with disabilities
and children who are limited English
proficient;
``(III) family and community
engagement policies and practices;
``(IV) building and maintaining a
school climate that supports positive
development and learning;
``(V) leadership and support for
school staff, including--
``(aa) professional
development for elementary
school principals, other school
leaders, teachers, and
specialized instructional
support personnel in the
development and learning of
young children and
developmentally appropriate
practice;
``(bb) the assignment of
teachers based on degrees and
certification or licensure for
teaching children in
prekindergarten through grade 3
and appropriate student-to-
teacher ratios for such
children; and
``(cc) teacher and student
interactions in the classroom
that improve instruction and
learning; and
``(VI) outreach and collaboration
with--
``(aa) early childhood care
and education providers in the
school attendance area,
including ongoing channels of
communication on--
``(AA) issues
relating to continuity
of high-quality,
developmentally
appropriate, and well-
aligned standards,
curricula, classroom
practices, and
instructional
assessment and
supports;
``(BB) transitions
between program
settings; and
``(CC) other
services to support
learning and
development; and
``(bb) other providers of
services that support learning
and development, such as
nutrition, health, and mental
health services;''. | Ready Schools Act of 2011 - Amends part A of title I (Improving the Academic Achievement of the Disadvantaged) of the Elementary and Secondary Education Act of 1965 to require local educational agencies to describe how they will assist each of their elementary schools that receive school improvement funds in conducting a ready school needs review at least once every three years.
Requires schools to use that review in developing and implementing policies and procedures that create a school environment and classroom practices that: (1) help each child reach state and grade level expectations, including state academic content and achievement standards; and (2) support successful transitions for children.
Requires the review to assess a school's needs for: (1) developmentally appropriate curricula, classroom materials, teaching practices, instructional assessments, and accommodations; (2) services and supports for disabled and limited English proficient children; (3) family and community engagement policies and practices; (4) building and maintaining a school climate that supports positive development and learning; (5) school staff leadership and support; and (6) outreach to, and collaboration with, early childhood education and service providers. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 regarding ready school needs reviews."} | 599 | 231 | 0.63845 | 1.631346 | 1.12596 | 2.575342 | 2.753425 | 0.885845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyberterrorism Prevention Act of
2001''.
SEC. 2. DETERRENCE AND PREVENTION OF CYBERTERRORISM IN CONNECTION WITH
COMPUTERS.
(A) Clarification of Protection of Protected Computers.--Subsection
(a)(5) of section 1030 of title 18, United States Code, is amended--
(1) by inserting ``(i)'' after ``(A)'';
(2) by redesignated subparagraphs (B) and (C) as clauses
(ii) and (iii), respectively, of subparagraph (A);
(3) by adding ``and'' at the end of clause (iii), as so
redesignated; and
(4) by adding at the end the following new subparagraph:
``(B) whose conduct described in clause (i), (ii), or (iii)
of subparagraph (A) caused (or, in the case of an attempted
offense, would, if completed, have caused)--
``(i) loss to 1 or more persons during any 1-year
period (including loss resulting from a related course
of conduct affecting 1 or more other protected
computers) aggregating at least $5,000 in value;
``(ii) the modification or impairment, or potential
modification or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety; or
``(v) damage affecting a computer system used by or
for a government entity in furtherance of the
administration of justice, national defense, or
national security;''.
(b) Protection From Extortion.--Subsection (a)(7) of that section
is amended by striking ``, firm, association, educational institution,
financial institution, governmental entity, or other legal entity,''.
(c) Penalties.--Subsection (c) of that section is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``except as provided in
subparagraph (B),'' before ``a fine'';
(ii) by striking ``(a)(5)(C)'' and
inserting ``(a)(5)(A)(iii)''; and
(iii) by striking ``and'' at the end;
(B) in subparagraph (B), by inserting ``or an
attempt to commit an offense punishable under this
subparagraph,'' after ``subsection (a)(2),'' in the
matter preceding cause (i); and
(C) in paragraph (C), by striking ``and'' at the
end;
(2) in paragraph (3)--
(A) by striking ``, (a)(5)(A), (a)(5)(B),'' both
places it appears; and
(B) by striking ``(a)(5)(C)'' and inserting
``(a)(5)(A)(iii)''; and
(3) by adding at the end the following new paragraph:
``(4)(A) a fine under this title, imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(5)(A)(i), or an attempt to commit an offense
punishable under this subparagraph;
``(B) a fine under this title, imprisonment for not more
than 5 years, or both, in the case of an offense under
subsection (a)(5)(A)(ii), or an attempt to commit an offense
punishable under this subparagraph; and
``(C) a fine under this title, imprisonment for not more
than 20 years, or both, in the case of an offense under
subsection (a)(5)(A)(i) or (a)(5)(A)(ii), or an attempt to
commit an offense punishable under this subparagraph, that
occurs after a conviction for another defense under this
section.''.
(d) Definitions.--Subsection (e) of that section is amended--
(1) in paragraph (2)(B), by inserting ``, including a
computer located outside the United States that is used in a
manner that affects interstate or foreign commerce or communication of
the United States'' before the semicolon;
(2) in paragraph (7), by striking ``and'' at the end;
(3) by striking paragraph (8) and inserting the following
new paragraph (8):
``(8) the term `damage' means any impairment to the
integrity or availability of data, a program, a system, or
information;''
(4) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(5) by adding at the end the following new paragraphs:
``(10) the term `conviction' shall include a conviction
under the law of any State for a crime punishable by
imprisonment for more than 1 year, an element of which is
unauthorized access, or exceeding authorized access, to a
computer;
``(11) the term `loss' means any reasonable cost to any
victim, including the cost of responding to an offense,
conducting a damage assessment, and restoring the data,
program, system, or information to its condition prior to the
offense, and any revenue lost, cost incurred, or other
consequential damages incurred because of interruption of
service; and
``(12) the term `person' means any individual, firm,
corporation, educational institution, financial institution,
governmental entity, or legal or other entity.''.
(e) Damages in Civil Actions.--Subsection (g) of that section is
amended--
(1) by striking the second sentence and inserting the
following new sentences: ``A suit for a violation of this
section may be brought only if the conduct involves one of the
factors enumerated in clauses (i) through (v) of subsection
(a)(5)(B). Damages for a violation involving only conduct
described in subsection (a)(5)(B)(i) are limited to economic
damages.''; and
(2) by adding at the end the following new sentence: ``No
action may be brought under this subsection for the negligent
design or manufacture of computer hardware, computer software,
or firmware.''.
SEC. 3. ADDITIONAL DEFENSE TO CIVIL ACTIONS RELATING TO PRESERVING
RECORDS IN RESPONSE TO GOVERNMENT REQUESTS.
Section 2707(e)(1) of title 18, United States Code, is amended by
inserting after ``or statutory authorization'' the following:
``(including a request of a governmental entity under section 2703(f)
of this title)''.
SEC. 4. DEVELOPMENT AND SUPPORT OF CYBER SECURITY FORENSIC ACTIVITIES.
(a) The Director of the Federal Bureau of Investigation shall, in
consultation with the heads of other Federal law enforcement agencies,
take appropriate actions to develop at least 10 regional computer
forensic laboratories, and to provide support, education, and
assistance for existing computer forensic laboratories, in order that
such computer forensic laboratories have the capability--
(1) to provide forensic examinations with respect to seized
or intercepted computer evidence relating to criminal activity;
(2) to provide training and education for Federal, State,
and local law enforcement personnel and prosecutors regarding
investigations, forensic analyses, and prosecutions of
computer-related crime;
(3) to assist Federal, State, and local law enforcement in
enforcing Federal, State, and local criminal laws relating to
computer-related crime;
(4) to facilitate and promote the sharing of Federal law
enforcement expertise and information about the investigation,
analysis, and prosecution of computer-related crime with State
and local law enforcement personnel and prosecutors, including
the use of multijurisdictional task forces; and
(5) to carry out such other activities as the Attorney
General considers appropriate.
(b) Authorization of Appropriations.--There is hereby authorized to
be appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section. Amounts appropriated pursuant to this
paragraph shall remain available until expended. | Cyberterrorism Prevention Act of 2001 - Modifies Federal criminal code provisions regarding fraud and related activity in connection with computers. Establishes penalties for intentionally accessing a protected computer without authorization, or exceeding authorized access, thereby causing: (1) loss to one or more persons during any one-year period aggregating at least $5,000 in value; (2) the modification or impairment of the medical examination, diagnosis, treatment, or care of one or more individuals; (3) physical injury to any person; (4) a threat to public health or safety; or (5) damage affecting a computer system used by or for a government entity in furtherance of the administration of justice, national defense, or national security.Increases penalties and broadens the scope of provisions regarding computer-related fraud. Includes within the definition of "protected computer" a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.Includes good faith reliance on a request of a governmental entity to preserve evidence among defenses to civil actions relating to a violation of provisions governing access to stored wire or electronic communications.Requires the Director of the Federal Bureau of Investigation to take appropriate actions to develop at least ten regional computer forensic laboratories and to provide support, education, and assistance for existing laboratories so that such laboratories have the capability to provide forensic examinations regarding seized or intercepted computer evidence relating to criminal activity, to provide training and education regarding computer-related crime for and to assist law enforcement personnel, and to promote sharing of Federal law enforcement computer crime expertise with State and local authorities. | {"src": "billsum_train", "title": "A bill to prevent cyberterrorism."} | 1,840 | 351 | 0.573898 | 1.609749 | 0.765139 | 4.278846 | 5.275641 | 0.875 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stewardship
Education, Recreation, and Volunteers for the Environment Act of
1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings, purposes, and definitions.
Sec. 3. Use of volunteers to perform services to benefit Federal lands.
Sec. 4. Recognition of volunteers.
Sec. 5. Cooperative agreements for stewardship of Federal lands.
Sec. 6. Educational outreach.
Sec. 7. Reports and accountability.
Sec. 8. Authorization of appropriations.
SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS.
(a) Findings.--The Congress finds the following:
(1) Lands owned by the United States and managed by the
Federal land management agencies encompass extensive natural,
cultural, educational, scientific, ecological, wilderness,
recreational and other resources and values.
(2) Proper stewardship of these resources and values is an
important national priority.
(3) Individual volunteers and organizations, working in
partnership with Federal land management agencies, play an
invaluable role in the stewardship of these resources and
values.
(4) It is in the national interest to encourage and
properly recognize the contributions of these volunteers and
organizations.
(b) Purposes.--The purposes of this Act are--
(1) to encourage individual volunteers and partnership
organizations to assist the Secretary of the Interior and the
Secretary of Agriculture in implementing programs for the
stewardship of the resources, values, and facilities of the
Federal lands managed by the Federal land management agencies;
and
(2) to authorize appropriate recognition for the role of
volunteers and partnership organizations in providing such
assistance.
(c) Definitions.--In this Act:
(1) Federal lands.--The term ``Federal lands'' means--
(A) lands owned by the United States and managed by
Forest Service of the Department of Agriculture; and
(B) lands owned by the United States and managed by
a Federal land management agency of the Department of
the Interior.
(2) Federal land management agency.--The term ``Federal
land management agency'' means the Bureau of Land Management,
the United States Fish and Wildlife Service, the National Park
Service, the Bureau of Reclamation, and the Forest Service.
(3) Partnership organization.--the term ``partnership
organization'' means an organization that--
(A) draws its membership from private individuals,
organizations, corporations, academic institutions, or
State and local governments;
(B) is established to promote the understanding and
conservation of the natural, recreational, and cultural
resources of Federal lands and to promote education
relating to these natural and cultural resources; and
(C) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of that Code.
(4) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior with respect to the Federal
lands described in paragraph (1)(B) and the Secretary of
Agriculture with respect to the Federal lands described in
paragraph (1)(A).
(5) Volunteer.--The term ``volunteer'' means an individual
or member of a partnership organization who performs volunteer
services pursuant to section 3(a).
SEC. 3. USE OF VOLUNTEERS TO PERFORM SERVICES TO BENEFIT FEDERAL LANDS.
(a) Authority To Use Volunteers.--The Secretary concerned may
recruit, train, and accept the services of individuals and partnership
organizations, without compensation, as volunteers to supplement the
work of employees of each Federal land management agency in performing
activities for the benefit of Federal lands. The Secretary concerned
may recruit, train, and accept volunteers without regard to--
(1) the provisions of title 5, United States Code, relating
to appointments in the competitive service; or
(2) chapter 51 or subchapter III of chapter 53 of title 5,
United States Code, relating to classification and General
Schedule pay rates for employees.
(b) General Status of Volunteers Under Federal Employment Law.--
Except as provided in subsection (c), a volunteer shall not--
(1) be considered to be a Federal employee; and
(2) be subject to the provisions of law relating to Federal
employment, including provisions relating to hours of work,
rates of compensation, leave, unemployment compensation, and
Federal employee benefits.
(c) Limited Status of Volunteers as Federal Employees.--
(1) Federal tort claims act.--For purposes of chapter 171
of title 28, United States Code, a volunteer (and the
partnership organization, if any, that provided the volunteer)
shall be considered to be an employee of the Government (as
defined in section 2671 of that title) while performing
volunteer services pursuant to subsection (a).
(2) Compensation for work injuries.--For purposes of
subchapter I of chapter 81 of title 5, United States Code, a
volunteer shall be considered to be an employee (as defined in
section 8101 of title 5, United States Code).
SEC. 4. RECOGNITION OF VOLUNTEERS.
(a) Volunteer Passports Program.--The Secretary of the Interior and
the Secretary of Agriculture, acting jointly, shall establish a program
to be known as the ``Volunteer Passports Program'', to appropriately
recognize the contributions of volunteers who complete specified hours
of volunteer service for a Federal land management agency.
(b) Uniformity.--The Volunteer Passports Program shall apply
uniformly to each Federal land management agency.
(c) Classes of Passports.--
(1) Award and purpose.--The Volunteer Passports Program
shall provide for the award of various classes of Volunteer
Passports to volunteers. The passport shall entitle the
volunteer to exemption, for a specified period of time, from
one or more fees charged for access to or use of facilities on
lands managed by one or more Federal land management agencies
in one or more States.
(2) Classes and benefits based on hours of volunteer
services.--The award of a particular class of Volunteer
Passport to a volunteer shall reflect completion by the
volunteer of a specified number of hours of volunteer service,
so that completion of additional hours shall result in
exemption from additional fees.
(d) Progress Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall submit to Congress a report concerning the steps
taken to implement this section and any steps remaining to be taken to
complete its implementation.
SEC. 5. COOPERATIVE AGREEMENTS FOR STEWARDSHIP OF FEDERAL LANDS.
(a) Authority to Enter Into Agreements.--The Secretary concerned
may enter into cooperative agreements (within the meaning of chapter 63
of title 31, United States Code) with any partnership organization,
academic institution, or State or local government agency to carry out
one or more projects or programs of cooperation with a Federal land
management agency in accordance with this section.
(b) Authorized Projects and Programs.--Subject to subsection (c),
the Secretary concerned may carry out the following types of projects
and programs for the Federal lands using a cooperative agreement under
subsection (a):
(1) Projects and programs that promote the stewardship of
resources of Federal lands by volunteers.
(2) Projects and programs that support the programs of a
Federal land management agency through constructing, operating,
maintaining, or improving educational and recreational
facilities and services.
(3) Projects and programs that increase awareness and
understanding of Federal lands through the development,
publication, or distribution of educational materials and products.
(4) Projects and programs that advance education concerning
the Federal lands and the missions of the Federal land
management agencies through the use of the Federal lands as
outdoor classrooms and development of other educational
programs.
(5) Projects and programs that contribute financial
resources to the Federal lands, under terms that require that
the net revenues be used exclusively for volunteer or
educational programs at a particular field office, program,
site, or project.
(c) Conditions on Use of Authority.--The Secretary concerned may
use a cooperative agreement under subsection (a) to carry out a project
or program for the Federal lands only if the project or program--
(1) complies with all Federal laws and all Federal rules,
regulations, and policies;
(2) is consistent with the applicable management plan for
the Federal lands involved; and
(3) satisfies such other terms and conditions as the
Secretary concerned determines to be appropriate.
(d) Federal Funding and Ownership.--
(1) Matching.--Subject to the availability of
appropriations and the requirements of applicable laws, the
Secretary concerned may provide funds to match non-Federal
funds (and the value of services or materials) donated under a
cooperative agreement under this section. With respect to each
project, program, or site, the amount of funds provided by a
Secretary may not exceed the amount of the non-Federal
donations.
(2) Use of federal funds.--Any Federal funds used to fund a
project or program under a cooperative agreement may be used
only for expenses directly related to the project or program
and may not be used for operation or administration of any non-
Federal entity.
(3) Ownership of facilities.--Any new facility, improvement
to an existing facility, or other permanent improvement to a
Federal lands site or project constructed under this section
shall be the property of the United States.
(e) Treasury Account.--Amounts received by the Secretary concerned
for use in connection with projects and programs conducted under the
authority of this section shall be deposited in a separate account in
the Treasury and shall be available for such use without further
congressional action. Amounts in the account that are attributable to
activities at a particular field office or site shall be available to
pay the costs of incidental expenses related to volunteer or
educational activities and to carry out cooperative agreements for that
office or site.
SEC. 6. EDUCATIONAL OUTREACH.
In implementing this Act and other applicable laws, each Federal
land management agency shall seek to cooperate with States, local
school districts, and other entities--
(1) to promote participation by students and other young
people in volunteer programs of the Federal land management
agencies;
(2) to promote greater understanding by students and other
young people of the resources and values of Federal lands and
the importance of proper stewardship of those resources and
values; and
(3) to provide information and assistance to students and
other young people with an interest in careers with a Federal
land management agency or other organizations concerned with
the management of natural or cultural resources.
SEC. 7. REPORTS AND ACCOUNTABILITY.
After submission of the report required by section 4(d), the
progress and results of all programs and activities authorized under
this Act shall be reported through existing agency mechanisms,
including budget-related documents.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as may be
necessary to carry out this Act during fiscal years 2001 through 2005. | Directs such Secretaries to jointly establish the Volunteer Passports Program to recognize the contributions of volunteers who complete specified hours of such volunteer service. Exempts volunteers receiving a passport under the Program from certain land or facility access or use fees charged by Federal land management agencies. Requires an implementation report from the Secretaries.
Authorizes the Secretary concerned to enter into cooperative agreements with any partnership organization, academic institution, or State or local government agency to carry out cooperative projects or programs with a Federal land management agency for the stewardship of resources of Federal lands. Provides for the promotion of participation of students and other young people in the volunteer programs.
Authorizes appropriations for FY 2001 through 2005. | {"src": "billsum_train", "title": "Stewardship Education, Recreation, and Volunteers for the Environment Act of 1999"} | 2,404 | 151 | 0.51391 | 1.391988 | 0.747546 | 3.48062 | 17.596899 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Foreign Investment
Review Act of 2017''.
SEC. 2. AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE
UNITED STATES.
(a) In General.--The Trade Act of 1974 (19 U.S.C. 2102 et seq.) is
amended by adding at the end the following:
``TITLE X--AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE
UNITED STATES
``SEC. 1001. DEFINITIONS.
``In this title:
``(1) Control.--The term `control' means the power, whether
direct or indirect and whether or not exercised, through the
ownership of a majority or a dominant minority of the total
outstanding voting interest in an entity, representation on the
board of directors of an entity, proxy voting on the board of
directors of an entity, a special share in the entity, a
contractual arrangement with the entity, a formal or informal
arrangement to act in concert with an entity, or any other
means, to determine, direct, make decisions, or cause decisions
to be made, with respect to important matters affecting the
entity.
``(2) Covered transaction.--The term `covered transaction'
means any merger, acquisition, takeover, or investment, or the
establishment of a new entity, by or with any person, that--
``(A) is proposed or pending after the date of the
enactment of the United States Foreign Investment
Review Act of 2017; and
``(B) could result in foreign control of any person
that--
``(i) is engaged in interstate commerce in
the United States; and
``(ii)(I) in the case of a transaction
involving a state-owned enterprise, is valued
at $50,000,000 or more; and
``(II) in the case of any other
transaction, is valued at $1,000,000,000 or
more.
``(3) Person.--The term `person' means an individual or
entity.
``(4) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(5) State-owned enterprise.--The term `state-owned
enterprise' means--
``(A) an entity that is owned by, controlled by, or
under the influence of, a national, provincial, or
local government in a foreign country or an agency of
such a government; or
``(B) an individual acting under the direction or
the influence of a government or agency described in
subparagraph (A).
``SEC. 1002. AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON
THE UNITED STATES.
``(a) Mandatory Notification by Parties.--Each party to a covered
transaction shall submit a written notification of the transaction to
the Secretary.
``(b) Review.--
``(1) In general.--Upon receiving written notification of a
covered transaction under subsection (a), the Secretary shall--
``(A) review the transaction to determine the
economic effect of the transaction on the United
States, based on the factors described in subsection
(d); and
``(B) based on the results of the review, take
appropriate action under subsection (c) with respect to
the transaction.
``(2) Unilateral initiation of review.--The Secretary may
initiate a review under paragraph (1) of a covered transaction
for which written notification is not submitted under
subsection (a).
``(3) Initiation of review by request from congress.--The
Secretary shall initiate a review under paragraph (1) of a
covered transaction (determined without regard to the value of
the transaction under section 1001(2)(B)(ii)) if the
chairperson and the ranking member of the Committee on Finance
of the Senate or the Committee on Ways and Means of the House
of Representatives requests the Secretary to review the
transaction.
``(4) Notification to united states trade representative.--
Upon receiving a written notification of a transaction under
subsection (a) or initiating a review of a transaction under
paragraph (2) or (3), as the case may be, the Secretary shall
notify the United States Trade Representative.
``(c) Action.--
``(1) Action after initial review.--Not later than 15 days
after receiving a written notification of a transaction under
subsection (a) or initiating a review of a transaction under
paragraph (2) or (3) of subsection (b), as the case may be, the
Secretary shall--
``(A) approve the transaction; or
``(B) inform the parties to the transaction that
the Secretary requires additional time to conduct a
more thorough review of the transaction.
``(2) Action after extended review.--
``(A) In general.--Subject to subparagraph (B), if
the Secretary informs the parties to a transaction
under paragraph (1)(B) that the Secretary requires
additional time to conduct a more thorough review, the
Secretary shall, not later than 45 days after receiving
the written notification of the transaction under
subsection (a) or initiating a review of the
transaction under paragraph (2) or (3) of subsection
(b), as the case may be--
``(i) complete that review; and
``(ii) approve the transaction, prohibit
the transaction, or require the parties to the
transaction to modify the transaction and
resubmit the modified transaction to the
Secretary for review under this section.
``(B) Extension of deadline.--The Secretary may
extend the deadline under subparagraph (A) with respect
to the review of a transaction by not more than 15
days.
``(3) Cases of inaccurate or inadequate information.--The
Secretary may prohibit a transaction under this subsection if
the Secretary determines that any party to the transaction
provides to the Secretary inaccurate or inadequate information
in response to inquiries of the Secretary as part of a review
of the transaction under subsection (b).
``(4) Public availability of decision.--Each decision under
this subsection to approve, prohibit, or allow for modification
of a transaction, and a justification for each such decision,
shall be made available to the public.
``(d) Factors To Be Considered.--In taking action with respect to a
transaction under subsection (c), the Secretary shall consider any
economic factors the Secretary considers relevant, including--
``(1) the long-term strategic economic interests of the
United States;
``(2) the history of distortive trade practices in each
country in which a foreign party to the transaction is
domiciled, as informed by the report of the United States Trade
Representative required by subsection (h);
``(3) control and ownership of each foreign person that is
a party to the transaction;
``(4) impact on the domestic industry, taking into
consideration any pattern of foreign investment in the domestic
industry; and
``(5) any other factors the Secretary considers
appropriate.
``(e) Public Comments.--The Secretary shall--
``(1) make available to the public each written
notification of a covered transaction submitted under
subsection (a) and notify the public if the Secretary initiates
a review under paragraph (2) or (3) of subsection (b) with
respect to a transaction; and
``(2) in the case of a transaction that the Secretary
determines under subsection (c)(1)(B) requires additional time
for review, provide a period for public comment on the
transaction of not more than 10 days.
``(f) Consultations.--The Secretary shall consult with the heads of
such other Federal agencies (or the designees of such heads) in any
review under this section as the Secretary determines to be
appropriate, on the basis of the facts and circumstances of the
transaction under review.
``(g) Request for Assistance From International Trade Commission.--
The Secretary may request assistance from the United States
International Trade Commission with respect to any of the analysis
needed to conduct a review of a transaction under this section.
``(h) Report by United States Trade Representative.--Not later than
10 days after the Secretary receives a written notification of a
transaction under subsection (a) or initiates a review of a transaction
under paragraph (2) or (3) of subsection (b), as the case may be, the
United States Trade Representative shall submit to the Secretary a
report with respect to the transaction that includes, with respect to
any country in which a party to the transaction is domiciled--
``(1) a description of the history of and current issues
affecting the trading relationship between the United States
and that country;
``(2) an assessment of the extent to which that trading
relationship is reciprocal; and
``(3) information relevant to that country from annual
reports of the Office of the United States Trade
Representative, including--
``(A) the National Trade Estimate under section
181(b);
``(B) the report required by section 182 (commonly
referred to as the `Special 301 Report'); and
``(C) the report on trade enforcement priorities
required by section 310.
``(i) Coordination With Committee on Foreign Investment in the
United States.--
``(1) In general.--In the case of a transaction undergoing
review under this section and section 721 of the Defense
Production Act of 1950 (50 U.S.C. 4565), the Secretary shall
coordinate with the Secretary of the Treasury with respect to
those reviews.
``(2) Review of national security concerns.--Review of any
threat posed by a transaction to the national security of the
United States shall be conducted by the Committee on Foreign
Investment in the United States under section 721 of the
Defense Production Act of 1950 and not under this section.
``SEC. 1003. ANNUAL REPORT ON TRANSACTIONS REVIEWED.
``Not later than one year after the date of the enactment of the
United States Foreign Investment Review Act of 2017, and annually
thereafter, the Secretary shall submit to Congress a report on
transactions reviewed under section 1002 that includes--
``(1) a summary of the results of the transactions reviewed
by the Secretary, including--
``(A) how many of such reviews were completed in
the 15-day period provided for under section 1002(c)(1)
and how many of such reviews required longer to
complete; and
``(B) how many of such transactions were
prohibited; and
``(2) an analysis of foreign direct investment by
industrial sectors, by country of investor, and by type of
transaction.
``SEC. 1004. PROHIBITION ON USE OF TAXPAYER DOLLARS TO ENCOURAGE
INVESTMENT IN THE UNITED STATES BY CERTAIN STATE-OWNED
ENTERPRISES.
``No funds may be obligated or expended in any fiscal year by the
head of any Federal agency to encourage investment in the United States
by any state-owned enterprise that does not operate according to market
considerations.
``SEC. 1005. CONSISTENCY WITH OBLIGATIONS UNDER INTERNATIONAL
AGREEMENTS.
``This title shall be applied in a manner consistent with the
obligations of the United States under international agreements.
``SEC. 1006. REGULATIONS.
``Not later than 270 days after the date of the enactment of the
United States Foreign Investment Review Act of 2017, the Secretary of
Commerce shall issue regulations to carry out this title.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by adding at the end the following:
``TITLE X--AUTHORITY TO REVIEW TRANSACTIONS FOR ECONOMIC EFFECT ON THE
UNITED STATES
``Sec. 1001. Definitions.
``Sec. 1002. Authority to review transactions for economic effect on
the United States.
``Sec. 1003. Annual report on transactions reviewed.
``Sec. 1004. Prohibition on use of taxpayer dollars to encourage
investment in the United States by certain
state-owned enterprises.
``Sec. 1005. Consistency with obligations under international
agreements.
``Sec. 1006. Regulations.''. | United States Foreign Investment Review Act of 2017 This bill amends the Trade Act of 1974 to require each party to a covered transaction to submit a written notification to the Department of Commerce of such transaction. "Covered transaction" is defined as any merger, acquisition, takeover, or investment, or the establishment of a new entity, by or with any person, that is proposed or pending after this bill's enactment that could result in foreign control of any individual or entity engaged in interstate commerce in the United States valued at: (1) $50 million or more, in the case of a transaction involving a state-owned enterprise; and (2) $1 billion or more, in the case of any other transaction. Upon receiving such notification, Commerce must: (1) review the transaction to determine its economic effect on the United States, considering specified economic factors; and (2) based on the results of the review, take appropriate action. The bill prohibits the expenditure of funds to encourage investment in the United States by any foreign state-owned enterprise that does not operate according to market considerations. | {"src": "billsum_train", "title": "United States Foreign Investment Review Act of 2017"} | 2,685 | 232 | 0.643443 | 1.971741 | 0.776037 | 4.801843 | 11.571429 | 0.912442 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Mediation Improvement
Act of 1994''.
SEC. 2. EXPANSION OF AGRICULTURAL ISSUES COVERED BY STATE MEDIATION
PROGRAMS.
(a) Expansion of Mediation Programs.--Section 501 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5101) is amended--
(1) in subsection (a), by striking ``an agricultural loan
mediation program'' and inserting ``a mediation program''; and
(2) in subsection (b), by striking ``agricultural loan'';
and
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Requirements of State Mediation Programs.--
``(1) Agricultural issues covered.--To be certified as a
qualifying State, the mediation program of the State must
provide mediation services to producers, their creditors (if
applicable), other persons directly affected by actions of the
Department of Agriculture, and the Department of Agriculture,
involved in one or more of the following agricultural issues:
``(A) Agricultural loans.
``(B) Wetlands determinations under the
jurisdiction of the Department.
``(C) Compliance with farm programs, including
conservation programs of the Department.
``(D) Agricultural credit.
``(E) Rural water loan programs.
``(F) Grazing on National Forest System lands.
``(G) Pesticides.
``(H) Such other agricultural issues under the
jurisdiction of the Department as the Secretary
considers appropriate.
``(2) Certification conditions.--The Secretary shall
certify a State as a qualifying State with respect to the
agricultural issues proposed to be covered by the mediation
program of the State if the mediation program--
``(A) provides for mediation services that, if
decisions are reached, result in mediated, mutually
agreeable decisions between the parties to the
mediation;
``(B) is authorized or administered by an agency of
the State government or by the Governor of the State;
``(C) provides for the training of mediators;
``(D) provides that the mediation sessions shall be
confidential;
``(E) ensures, in the case of agricultural loans,
that all lenders and borrowers of agricultural loans
receive adequate notification of the mediation program;
and
``(F) ensures, in the case of other agricultural
issues covered by the mediation program, that persons
directly affected by actions of the Department of
Agriculture receive adequate notification of the
mediation program.
``(3) Time for certification.--The Secretary shall make a
determination whether to certify a State as a qualifying State
not later than 15 days after the Secretary receives a
description of the proposed mediation program of the State.''.
(b) Participation of Department.--Section 503 of such Act (7 U.S.C.
5103) is amended--
(1) by striking ``agricultural loan'' each place it
appears;
(2) in the matter preceding subparagraph (A) of subsection
(a)(1)--
(A) by inserting ``or agency'' after ``program'';
and
(B) by striking ``that makes, guarantees, or
insures agricultural loans'';
(3) in subsection (a)(1)(A)--
(A) by inserting ``or agency'' after ``such
program''; and
(B) by inserting ``certified under section 501''
after ``mediation program'';
(4) in subsection (a)(1)(B)--
(A) by striking ``, effective beginning on the date
of the enactment of this Act,''; and
(B) by inserting ``certified under section 501''
after ``mediation programs''; and
(5) in subsection (a)(1)(C)--
(A) in clause (i), by striking ``described in'' and
inserting ``certified under''; and
(B) in clause (ii), by inserting ``if applicable,''
before ``present''.
(c) Regulations.--Section 504 of such Act (7 U.S.C. 5104) is
amended--
(1) by striking ``Within 150 days after the date of the
enactment of this Act, the '' and inserting ``The''; and
(2) by adding at the end the following new sentence: ``The
regulations prescribed by the Secretary shall require
qualifying States to adequately train mediators to address all
of the agricultural issues covered by the mediation program of
the State.''.
(d) Report.--Section 505 of such Act (7 U.S.C. 5105) is amended by
striking ``1990'' and inserting ``1998''.
(e) Authorization of Appropriations.--Section 506 of such Act (7
U.S.C. 5106) is amended by striking ``1995'' and inserting ``2000''.
(f) Conforming Amendments.--
(1) References to agricultural loans.--Subtitle A of title
V of such Act is amended--
(A) in sections 502 and 505(1) (7 U.S.C. 5102,
5105(1)), by striking ``agricultural loan'' each place
it appears; and
(B) in section 505(3) (7 U.S.C. 5105(3)), by
striking ``an agricultural loan mediation'' and
inserting ``a mediation''.
(2) Waiver of farm credit mediation rights by borrowers.--
Section 4.14E of the Farm Credit Act of 1971 (12 U.S.C. 2202e)
is amended by striking ``agricultural loan''.
(3) Waiver of fmha mediation rights by borrowers.--Section
358 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2006) is amended by striking ``agricultural loan''. | Agricultural Mediation Improvement Act of 1994 - Amends the Agricultural Credit Act of 1987 to expand the types of agricultural issues covered by State mediation programs.
Extends the authorization of appropriations for such programs. | {"src": "billsum_train", "title": "Agricultural Mediation Improvement Act of 1994"} | 1,339 | 48 | 0.644333 | 1.506746 | 1.243145 | 2.837838 | 31.540541 | 0.837838 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Physician Choice Act of
1999''.
SEC. 2. CHOICE OF PHYSICIANS.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is amended by
adding at the end the following new section:
``SEC. 715. CHOICE OF PHYSICIANS.
``(a) Requirement To Offer Coverage Option to Certain Employees.--
Except as provided in subsection (b), if a group health plan provides,
directly or through insurance, for coverage of services in connection
with the group health plan only if such services are furnished
exclusively through health care professionals who are members of a
closed panel of health care professionals, such plan shall make
available a coverage option which provides for coverage of such
services regardless of whether or not the professionals are members of
such a panel.
``(b) Exceptions.--
``(1) Alternative group health plan.--Subsection (a) shall
not apply in the case of any group health plan with respect to
coverage provided to any participant or beneficiary of such
plan if any other group health plan maintained by the same plan
sponsor offers to the same participant or beneficiary a
coverage option that provides coverage for services that may be
furnished by professionals whether or not they are members of
such a panel.
``(2) Small employer.--
``(A) In general.--Subsection (a) shall not apply
to any group health plan (other than a plan under which
all benefits consist of health insurance coverage) of a
small employer, as defined, for purposes of this
paragraph, with respect to a calendar year and a plan
year, as an employer who employed an average of at
least 2 but not more than 25 employees on business days
during the preceding calendar year and who employs at
least 2 employees on the first day of the plan year.
``(B) Application of certain rules in determination
of employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section
414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a
single employer.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the
preceding calendar year, the determination of
whether such employer is a small employer shall
be based on the average number of employees
that it is reasonably expected such employer
will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in
this paragraph to an employer shall include a
reference to any predecessor of such employer.
``(c) Construction.--Nothing in this section shall be construed--
``(1) as requiring coverage for benefits for a particular
type of health care provider;
``(2) as requiring an employer to pay any costs as a result
of this section or to make equal contributions with respect to
different health coverage options;
``(3) as preventing a group health plan or health insurance
issuer from imposing higher premiums or cost-sharing on a
participant for the exercise of a coverage option that provides
coverage for services that may be furnished by professionals
whether or not they are members of a closed panel; or
``(4) as applying to any excepted benefits as defined in
section 733(c).
``(d) Definitions.--For purposes of this section:
``(1) Coverage through a closed panel of health care
professionals.--The term `coverage through a closed panel of
health care professionals' means coverage of items or services
which are reimbursed for or provided only within a limited
network of such professionals.
``(2) Health care professional.--The term `health care
professional' means a physician (as defined in section 1861(r)
of the Social Security Act) or other health care professional
if coverage for the professional's services is provided under
the group health plan for the services of the professional.
Such term includes a podiatrist, optometrist, chiropractor,
psychologist, dentist, physician assistant, physical or
occupational therapist and therapy assistant, speech-language
pathologist, audiologist, registered or licensed practical
nurse (including nurse practitioner, clinical nurse specialist,
certified registered nurse anesthetist, and certified nurse-
midwife), licensed certified social worker, registered
respiratory therapist, and certified respiratory therapy
technician.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by adding at the end of the items relating to
subpart B of part 7 of subtitle B of title I of such Act the following
new item:
``Sec. 715. Ensuring choice of physicians.''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) In General.--The amendments made by this Act shall apply with
respect to plan years beginning on or after January 1 of the second
calendar year following the date of the enactment of this Act, except
that the Secretary of Labor may issue regulations before such date
under such amendments. The Secretary shall first issue regulations
necessary to carry out the amendments made by this Act before the
effective date thereof.
(b) Limitation on Enforcement Actions.--No enforcement action shall
be taken, pursuant to the amendments made by this Act, against a group
health plan or health insurance issuer with respect to a violation of a
requirement imposed by such amendments before the date of issuance of
regulations issued in connection with such requirement, if the plan or
issuer has sought to comply in good faith with such requirement.
(c) Special Rule for Collective Bargaining Agreements.--In the case
of a group health plan maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers ratified before the date of the enactment of this Act, the
amendments made by this Act shall not apply with respect to plan years
beginning before the later of--
(1) the date on which the last of the collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of the
enactment of this Act); or
(2) January 1, 2002.
For purposes of this subsection, any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by this Act shall not
be treated as a termination of such collective bargaining agreement. | Ensuring Physician Choice Act of 1999 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require group health plans, if they provide for coverage of services only if such services are furnished exclusively through health care professionals who are members of a closed panel of health care professionals, to make available an option which provides for coverage of services regardless of whether or not the professionals are members of such a panel. Exempts from such requirement: (1) plans that maintain an alternative group health plan which offers such a coverage option; and (2) plans (other than ones under which all benefits consist of health insurance coverage) of small employers who employ an average of two to 25 employees on business days. | {"src": "billsum_train", "title": "Ensuring Physician Choice Act of 1999"} | 1,465 | 148 | 0.657554 | 1.767622 | 0.708506 | 4.73913 | 9.789855 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing Regulatory Loopholes Act of
2011''.
SEC. 2. CONGRESSIONAL REVIEW OF AGENCY GUIDANCE DOCUMENTS.
(a) Definitions.--Chapter 8 of title 5, United States Code, is
amended by striking section 804 and inserting the following:
``Sec. 804. Definitions
``In this chapter--
``(1) the term `Federal agency' means any agency as that
term is defined under section 551(1);
``(2) the term `guidance document' means an agency
statement of general applicability and future effect, other
than a regulatory action, that sets forth a policy on a
statutory, regulatory or technical issue or an interpretation
of a statutory or regulatory issue;
``(3) the term `major guidance document' means any guidance
document that the Administrator of the Office of Information
and Regulatory Affairs of the Office of Management and Budget
finds has resulted in or is likely to result in--
``(A) an annual effect on the economy of
$100,000,000 or more;
``(B) a major increase in costs or prices for
consumers, individual industries, Federal, State, or
local government agencies, or geographic regions; or
``(C) significant adverse effects on competition,
employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and
export markets;
``(4) the term `major rule' means--
``(A) any rule that the Administrator of the Office
of Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is
likely to result in--
``(i) an annual effect on the economy of
$100,000,000 or more;
``(ii) a major increase in costs or prices
for consumers, individual industries, Federal,
State, or local government agencies, or
geographic regions; or
``(iii) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability of
United States-based enterprises to compete with
foreign-based enterprises in domestic and
export markets; and
``(B) does not include any rule promulgated under
the Telecommunications Act of 1996 and the amendments
made by that Act;
``(5) the term `regulatory action' means any substantive
action by an agency (normally published in the Federal
Register) that promulgates or is expected to lead to the
promulgation of a final regulation, including notices of
inquiry, advance notices of proposed rulemaking, and notices of
proposed rulemaking; and
``(6) the term `rule' has the meaning given such term in
section 551, except that such term does not include--
``(A) any rule of particular applicability,
including a rule that approves or prescribes for the
future rates, wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions thereof, or
accounting practices or disclosures bearing on any of
the foregoing;
``(B) any rule relating to agency management or
personnel; or
``(C) any rule of agency organization, procedure,
or practice that does not substantially affect the
rights or obligations of non-agency parties.''.
(b) Application to Guidance Documents.--Chapter 8 of title 5,
United States Code, is amended--
(1) in section 801--
(A) in subsection (a)(1)--
(i) in subparagraph (A)--
(I) by inserting ``or guidance
document'' after ``rule'' each place
that term appears; and
(II) by inserting ``or major
guidance document'' after ``major
rule'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B) On the date of the submission of the report
under subparagraph (A), the Federal agency promulgating
the rule or guidance document shall submit to the
Comptroller General and make available to each House of
Congress--
``(i) in the case of a rule--
``(I) a complete copy of the cost-
benefit analysis of the rule, if any;
``(II) the agency's actions
relevant to sections 603, 604, 605,
607, and 609;
``(III) the agency's actions
relevant to sections 202, 203, 204, and
205 of the Unfunded Mandates Reform Act
of 1995;
``(ii) in the case of a guidance document,
any relevant agency actions; and
``(iii) any other relevant information or
requirements under any other Act and any
relevant Executive orders.''; and
(iii) in subparagraph (C), by inserting
``or guidance document'' after ``rule'';
(B) in subsection (a) (2), (3), (4), and (5)--
(i) by inserting ``or guidance document''
after ``rule'' each place that term appears;
and
(ii) by inserting ``or major guidance
document'' after ``major rule each place that
term appears''; and
(C) in subsections (b) through (g)--
(i) by inserting ``or guidance document''
after ``rule'' each place that term appears;
and
(ii) by inserting ``or major guidance
document'' after ``major rule''; and
(2) in section 802--
(A) in subsection (a) by inserting ``or in the case
of a guidance document `That Congress disapproves the
guidance document submitted by the __ relating to __,
and such guidance document shall have no force or
effect.' (The blank spaces being appropriately filled
in)'' before the period;
(B) in subsection (b)(2)(B), by inserting ``or
guidance document'' after ``rule''; and
(C) in subsection (e), by inserting ``or guidance
document'' after ``rule'';
(3) in section 803(a)--
(A) by inserting ``or guidance document'' after
``rule''; and
(B) by inserting ``or guidance document's'' after
``rule's'';
(4) in section 807, by inserting ``or guidance documents''
after ``rules'';
(5) in section 808--
(A) by striking the section heading and inserting
the following:
``Sec. 808. Effective date of certain rules or guidance documents'';
and
(B) by inserting ``or guidance document'' after
``rule'' each place that term appears; and
(6) in the table of sections by striking the item relating
to section 808 and inserting the following:
``Sec. 808. Effective date of certain rules or guidance documents.''. | Closing Regulatory Loopholes Act of 2011 - Requires federal agency guidance documents and major guidance documents to be submitted for congressional review prior to implementation. Defines: (1) "guidance document" as an agency statement of general applicability and future effect that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue; and (2) "major guidance document" as a guidance document that has resulted in or is likely to result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or a significant adverse effect on competition, employment, investment, productivity, or innovation. | {"src": "billsum_train", "title": "A bill to amend chapter 8 of title 15, United States Code, to provide for congressional review of agency guidance documents."} | 1,573 | 152 | 0.619746 | 1.77026 | 0.795562 | 3.819549 | 11.075188 | 0.902256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Rescissions Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriation Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 calendar days after the date of
enactment of an appropriation Act, the President may transmit
to Congress one special message proposing to rescind amounts of
budget authority provided in that Act and include with that
special message a draft bill that, if enacted, would only
rescind that budget authority. That bill shall clearly identify
the amount of budget authority that is proposed to be rescinded
for each program, project, or activity to which that budget
authority relates.
``(2) In the case of an appropriation Act that includes
accounts within the jurisdiction of more than one subcommittee
of the Committee on Appropriations, the President in proposing
to rescind budget authority under this section shall send a
separate special message and accompanying draft bill for
accounts within the jurisdiction of each such subcommittee.
``(3) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second legislative day of
the House of Representatives after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of
Representatives shall introduce (by request) the draft bill
accompanying that special message. If the bill is not
introduced as provided in the preceding sentence, then, on the
third legislative day of the House of Representatives after the
date of receipt of that special message, any Member of that
House may introduce the bill.
``(B)(i) The bill shall be referred to the Committee on
Appropriations of the House of Representatives. The committee
shall report the bill without substantive revision, and with or
without recommendation. The bill shall be reported not later
than the seventh legislative day of that House after the date
of receipt of that special message. If the Committee on
Appropriations fails to report the bill within that period,
that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
``(ii) The Committee on Appropriations may report to the
House, within the 7-legislative-day period described in clause
(i), an alternative bill which--
``(I) contains only rescissions to the same
appropriation Act as the bill for which it is an
alternative; and
``(II) which rescinds an aggregate amount of budget
authority equal to or greater than the aggregate amount
of budget authority rescinded in the bill for which it
is an alternative.
``(C) A vote on final passage of the bill referred to in
subparagraph (B)(i) shall be taken in the House of
Representatives on or before the close of the 10th legislative
day of that House after the date of the introduction of the
bill in that House. If the bill is passed, the Clerk of the
House of Representatives shall cause the bill to be engrossed,
certified, and transmitted to the Senate within one calendar
day of the day on which the bill is passed.
``(D) Upon rejection of the bill described in subparagraph
(B)(i) on final passage, a motion in the House to proceed to
consideration of the alternative bill reported from the
Committee on Appropriations under subparagraph (B)(ii) shall be
highly privileged and not debatable.
``(E) A vote on final passage of the bill referred to in
subparagraph (B)(ii) shall be taken in the House of
Representatives on or before the close of the 11th legislative
day of that House after the date of the introduction of the
bill in that House for which it is an alternative. If the bill
is passed, the Clerk of the House of Representatives shall
cause the bill to be engrossed, certified, and transmitted to
the Senate within one calendar day of the day on which the bill
is passed.
``(2)(A) A motion in the House of Representatives to
proceed to the consideration of a bill under this section shall
be highly privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the House of Representatives on a bill
under this section shall not exceed 4 hours, which shall be
divided equally between those favoring and those opposing the
bill. A motion further to limit debate shall not be debatable.
It shall not be in order to move to recommit a bill under this
section or to move to reconsider the vote by which the bill is
agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill under this section shall be
decided without debate.
``(3)(A) A bill transmitted to the Senate pursuant to
paragraph (1) (C) or (E) shall be referred to its Committee on
Appropriations. The committee shall report the bill either
without substantive revision or with an amendment in the nature
of a substitute, and with or without recommendation. The bill
shall be reported not later than the seventh legislative day of
the Senate after it receives the bill. A committee failing to
report the bill within such period shall be automatically
discharged from consideration of the bill, and the bill shall
be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill transmitted to the
Senate shall be taken on or before the close of the 10th
legislative day of the Senate after the date on which the bill
is transmitted.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill under this section shall be privileged
and not debatable. An amendment to the motion shall not be in
order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
``(B) Debate in the Senate on a bill under this section,
and all amendments thereto and all debatable motions and
appeals in connection therewith, shall not exceed 10 hours. The
time shall be equally divided between, and controlled by, the
majority leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill under this section shall be
limited to not more than 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the bill,
except that in the event the manager of the bill is in favor of
any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of a bill, allot additional time to any
Senator during the consideration of any debatable motion or
appeal.
``(D) A motion in the Senate to further limit debate on a
bill under this section is not debatable. A motion to recommit
a bill under this section is not in order.
``(d) Amendments and Divisions Generally Prohibited.--(1) Except as
provided by paragraph (2), no amendment to a bill considered under this
section or to a substitute amendment referred to in paragraph (2) shall
be in order in either the House of Representatives or the Senate. It
shall not be in order to demand a division of the question in the House
of Representatives (or in a Committee of the Whole) or in the Senate.
No motion to suspend the application of this subsection shall be in
order in either House, nor shall it be in order in either House to
suspend the application of this subsection by unanimous consent.
``(2)(A) It shall be in order in the Senate to consider an
amendment in the nature of a substitute reported by the Committee on
Appropriations under subsection (c)(3)(A) that complies with
subparagraph (B).
``(B) It shall only be in order in the Senate to consider any
amendment described in subparagraph (A) if--
``(i) the amendment contains only rescissions to the same
appropriation Act as the bill that it is amending contained;
and
``(ii) the aggregate amount of budget authority rescinded
equals or exceeds the aggregate amount of budget authority
rescinded in the bill that it is amending;
unless that amendment consists solely of the text of the bill as
introduced in the House of Representatives that makes rescissions to
carry out the applicable special message of the President.
``(C) It shall not be in order in the Senate to consider a bill or
an amendment in the nature of a substitute reported by the Committee on
Appropriations under subsection (c)(3)(A) unless the Senate has voted
upon and rejected an amendment in the nature of a substitute consisting
solely of the text of the bill as introduced in the House of
Representatives that makes rescissions to carry out the applicable
special message of the President.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the earlier of--
``(1) the day after the date upon which the House of
Representatives defeats the bill transmitted with that special
message rescinding the amount proposed to be rescinded and (if
reported by the Committee on Appropriations) the alternative
bill; or
``(2) the day after the date upon which the Senate rejects
a bill or amendment in the nature of a substitute consisting
solely of the text of the bill as introduced in the House of
Representatives that makes rescissions to carry out the
applicable special message of the President.
``(f) Definitions.--For purposes of this section--
``(1) the term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations;
and
``(2) the term `legislative day' means, with respect to
either House of Congress, any calendar day during which that
House is in session.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''; and
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''.
SEC. 3. APPLICATION.
(a) In General.--Section 1013 of the Congressional Budget and
Impoundment Control Act of 1974 (as added by section 2) shall apply to
amounts of budget authority provided by appropriation Acts (as defined
in subsection (f) of such section) that are enacted during the One
Hundred Third Congress.
(b) Special Transition Rule.--Within 3 calendar days after the
beginning of the One Hundred Fourth Congress, the President may
retransmit a special message, in the manner provided in section 1013(b)
of the Congressional Budget and Impoundment Control Act of 1974 (as
added by section 2), proposing to rescind only those amounts of budget
authority that were contained in any special message to the One Hundred
Third Congress which that Congress failed to consider because of its
sine die adjournment before the close of the time period set forth in
such section 1013 for consideration of those proposed rescissions. A
draft bill shall accompany that special message that, if enacted, would
only rescind that budget authority. Before the close of the second
legislative day of the House of Representatives after the date of
receipt of that special message, the majority leader or minority leader
of the House of Representaitves shall introduce (by request) the draft
bill accompanying that special message. If the bill is not introduced
as provided in the preceding sentence, then, on the third legislative
day of the House of Representatives after the date of receipt of that
special message, any Member of that House may introduce the bill. The
House of Representatives and the Senate shall proceed to consider that
bill in the manner provided in such section 1013.
SEC. 4. TERMINATION.
The authority provided by section 1013 of the Congressional Budget
and Impoundment Control Act of 1974 (as added by section 2) shall
terminate 2 years after the date of enactment of this Act.
SEC. 5. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia, for
declaratory judgment and injunctive relief on the ground that
any provision of section 1013 (as added by section 2) violates
the Constitution.
(2) A copy of any complaint in an action brought under
paragraph (1) shall be promptly delivered to the Secretary of
the Senate and the Clerk of the House of Representatives, and
each House of Congress shall have the right to intervene in
such action.
(3) Any action brought under paragraph (1) shall be heard
and determined by a three-judge court in accordance with
section 2284 of title 28, United States Code.
Nothing in this section or in any other law shall infringe upon the
right of the House of Representatives to intervene in an action brought
under paragraph (1) without the necessity of adopting a resolution to
authorize such intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other provision
of law, any order of the United States District Court for the District
of Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) shall be reviewable by appeal directly
to the Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within 30 days
after such order is entered. No stay of an order issued pursuant to an
action brought under paragraph (1) of subsection (a) shall be issued by
a single Justice of the Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
Passed the House of Representatives April 29, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 1578 RFS----2 | Expedited Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one special message proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal. Terminates the President's authority two years following enactment. Provides a special transition rule for messages of the 104th Congress proposing to rescind certain budget authority of the 103d Congress. Provides judicial review of congressional actions under this Act. | {"src": "billsum_train", "title": "Expedited Rescissions Act of 1993"} | 4,091 | 216 | 0.69763 | 1.942559 | 0.846287 | 2.528662 | 23.382166 | 0.859873 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Integrity Act of 2011''.
SEC. 2. DRUG TESTING PROGRAM FOR APPLICANTS FOR AND RECIPIENTS OF
ASSISTANCE UNDER STATE TANF PROGRAMS.
(a) State Plan Requirement of Drug Testing Program.--Section 402(a)
of the Social Security Act (42 U.S.C. 602(a)) is amended by adding at
the end the following:
``(8) Certification that the state will operate an illegal
drug use testing program.--
``(A) In general.--A certification by the chief
executive officer of the State that the State will--
``(i) operate a program to conduct, in a
calendar year, random testing for the use of
illegal drugs (as defined in section
408(a)(12)(G)(i)) of a number of applicants for
assistance under the program referred to in
paragraph (1) that is not less than 20 percent
of the number of applicants who applied for the
assistance in the preceding calendar year
(after having signed a waiver of constitutional
rights with respect to the testing); and
``(ii) deny the assistance to applicants
who test positive for illegal drug use or who
are convicted of drug-related crimes, as
required by such section.
``(B) Requirement for continued testing.--The
program described in subparagraph (A)(i) shall include
a plan to continue testing individuals receiving
assistance under the program referred to in paragraph
(1) for illegal drug use at random or set intervals
after the initial testing of the individuals, at the
discretion of the State agency administering the
program so referred to.''.
(b) Requirement That Applicants and Individuals Receiving
Assistance Be Tested for Illegal Drug Use.--Section 408(a) of such Act
(42 U.S.C. 608(a)) is amended by adding at the end the following:
``(12) Requirement for drug testing; denial of assistance
for individuals found to have used illegal drugs and
individuals convicted of drug-related offenses.--
``(A) In general.--A State to which a grant is made
under section 403 shall operate a drug testing program
that complies with the requirements of subparagraphs
(A)(i) and (B) of section 402(a)(8).
``(B) Waiver of constitutional rights.--The State
may not use any part of the grant to provide assistance
to any individual who has not signed a waiver of
constitutional rights with respect to testing conducted
pursuant to subparagraph (A). In the case of an
individual who is receiving assistance under the State
program funded under this part on the effective date of
this paragraph, or whose application for the assistance
is approved before such date if the assistance has not
begun as of such date, a State may not provide the
assistance to the individual unless the individual has
signed such a waiver not later than 90 days after such
date.
``(C) Denial of assistance for individuals who test
positive for illegal drug use and individuals convicted
of drug-related crimes.--In the case of--
``(i) an individual who tests positive for
illegal drug use under the program described in
subparagraph (A); or
``(ii) an individual who is convicted of a
drug-related crime after the effective date of
this paragraph;
the State shall not provide assistance to the
individual under the State program funded under this
part until the expiration of the waiting period
described in subparagraph (D).
``(D) Waiting period after denial of benefits.--The
waiting period described in this subparagraph shall
extend 1 year after the date on which the individual is
denied assistance under subparagraph (C).
``(E) Permanent denial of assistance after third
drug-related denial.--In the case of an individual who
is denied assistance under subparagraph (C) 3 times, as
a result of 3 separate positive tests for illegal drug
use, 3 separate convictions for drug-related crimes
(not including convictions that are imposed
concurrently in time), or any combination of 3 such
separate tests or convictions, a State may not provide
assistance to the individual under the State program
funded under this part after the 3rd such test or
conviction.
``(F) Limitation on waiver authority.--The
Secretary may not waive the provisions of this
paragraph under section 1115.
``(G) Definitions.--In this paragraph:
``(i) Illegal drug.--The term `illegal
drug' means a controlled substance as defined
in section 102 of the Controlled Substances Act
(21 U.S.C. 802).
``(ii) Drug-related crime.--The term `drug-
related crime' means any crime involving the
possession, use, or sale of an illegal drug.''.
(c) Penalty for Failure To Implement Illegal Drug Use Testing
Program.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by
adding at the end the following:
``(16) Penalty for failure to implement illegal drug use
testing program.--If the Secretary determines that a State to
which a grant is made under section 403 in a fiscal year has
violated section 408(a)(12) during the fiscal year, the
Secretary shall reduce the grant payable to the State under
section 403(a)(1) for the immediately succeeding fiscal year by
an amount equal to 10 percent of the State family assistance
grant.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 1st
day of the 1st calendar quarter that begins on or after the
date that is 1 year after the date of the enactment of this
Act.
(2) Delay permitted if state legislation required.--In the
case of a State plan under section 402(a) of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
Act, the State plan shall not be regarded as failing to comply
with the requirements of such section 402(a) solely on the
basis of the failure of the plan to meet such additional
requirements before the 1st day of the 1st calendar quarter
beginning after the close of the 1st regular session of the
State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of
a State that has a 2-year legislative session, each year of
such session shall be deemed to be a separate regular session
of the State legislature. | Welfare Integrity Act of 2011 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require state TANF programs to operate a program to conduct random testing of TANF applicants and recipients for illegal drug use.
Requires state TANF programs to deny assistance to individuals who test positive for illegal drugs and individuals convicted of drug-related crimes.
Prescribes an administrative penalty for failure to implement illegal drug use testing. | {"src": "billsum_train", "title": "To amend title IV of the Social Security Act to require States to implement a drug testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program."} | 1,538 | 111 | 0.571687 | 1.484348 | 0.896335 | 3.292135 | 15.033708 | 0.910112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America Bonds Act of 2012''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the Build
America Bonds Act of 2012,'' after ``January 1, 2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2009 or 2010........................................... 35
2012................................................... 32
2013................................................... 31
2014................................................... 30
2015................................................... 29
2016 and thereafter.................................... 28.''.
(c) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2012,'' after ``January 1, 2011,'' in
subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2012,'' after ``January 1, 2011,'', and
(B) by striking ``qualified Bonds Issued Before
2011'' in the heading and inserting ``certain Qualified
Bonds''.
(d) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2009 or 2010........................................... 35
2012................................................... 32
2013................................................... 31
2014................................................... 30
2015................................................... 29
2016 and thereafter.................................... 28.''.
(e) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(f) Clarification Related to Levees and Flood Control Projects.--
Subparagraph (A) of section 54AA(g)(2) of such Code is amended by
inserting ``(including capital expenditures for levees and other flood
control projects)'' after ``capital expenditures''.
(g) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act.
SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, refining, processing,
transportation, or distribution of oil, gas, or any
primary product (within the meaning of subsection
(d)(9)) thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act. | Build America Bonds Act of 2012 - Amends the Internal Revenue Code to: (1) make permanent the issuance authority for Build America Bonds and the authority for payments to issuers of such bonds; (2) make phased reductions in the credit percentage to bondholders and the percentage of payments to issuers of such bonds; (3) allow refundings of currently issued bonds; (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects; and (5) deny a tax deduction to major integrated oil companies for income attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to permanently extend the tax treatment for certain build America bonds, and for other purposes."} | 1,418 | 149 | 0.489392 | 1.188694 | 0.647984 | 2.916667 | 9.068182 | 0.795455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cambodian Trade Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States Department of State has recognized
and documented repeated human rights abuses of the Uighur
people by the Government of the People's Republic of China.
(2) The United States Commission on International Religious
Freedom has recognized and documented the repeated human rights
abuses of the Uighur people by the Government of the People's
Republic of China.
(3) The House of Representatives has and continues to
recognize that the authorities in the People's Republic of
China have manipulated the strategic objectives of the
international ``war on terror'' to increase their cultural and
religious oppression of the Uighur people.
(4) In early July 2009, ethnic unrest developed in the
Xinjiang Autonomous Region of China, resulting in the
unfortunate death of both Han Chinese and Uighurs.
(5) In the aftermath of this unrest, authorities in the
People's Republic of China allegedly detained hundreds of
Uighurs and, according to Human Rights Watch, 43 Uighur men
have disappeared.
(6) Following the ethnic unrest, the People's Republic of
China arrested a number of Uighurs and Han Chinese and charged
21 individuals with murder, arson, robbery, and property
damage.
(7) Human Rights Watch found the trials of the 21
individuals did not meet minimum international standards of due
process and fair trials. Despite this, the Government of the
People's Republic of China handed down death sentences, and 9
of the individuals were executed in November 2009.
(8) In late November and early December 2009, 22 Uighurs,
including 3 children, fled China to Cambodia to seek refugee
status. There the Uighurs worked with the United Nations High
Commissioner on Refugees (UNHCR) and the Cambodian Government
to follow international refugee law and convention.
(9) The Government of Cambodia made assurances to UNHCR
that the 22 Uighurs could follow UNHCR procedures so refugee
status could be determined before repatriation to China.
(10) Despite assurances and agreements with UNHCR, the
Government of Cambodia sent the 20 Uighur refugees back to
China before a refugee determination could be made. Two of the
refugees were able to escape Cambodian custody before
deportation.
(11) Before their deportation, the Uighur refugees told
UNHCR that they had fears of imprisonment, torture, and death
in China.
(12) Since arriving in China, media reports suggest that
the 20 Uighurs may have been put on trial. No further
information about the Uighurs, including the children, has been
made available.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support and encourage countries that comply with
international conventions, agreements, and understandings;
(2) support and encourage countries that respect human
rights and the protection of refugee populations;
(3) assist refugees and minority populations seeking asylum
and protection from oppressive governments and regimes; and
(4) support and encourage countries that value and protect
minority populations seeking asylum and protection from
oppressive governments and regimes.
SEC. 4. LOAN FORGIVENESS.
Notwithstanding part V of the Foreign Assistance Act of 1961
(relating to debt reduction for developing countries with tropical
forests; 22 U.S.C. 2431 et seq.) or any other provision of law
providing for the reduction or forgiveness of the debt of a foreign
country, the United States may not reduce or forgive any debt owed by
Cambodia to the United States.
SEC. 5. TREATMENT OF TEXTILE AND APPAREL ARTICLES OF CAMBODIA.
(a) In General.--Notwithstanding title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.) or any other provision of law providing duty
free treatment, no textile or apparel article that is the product of
Cambodia may be extended duty-free treatment when entered into the
customs territory of the United States.
(b) Definitions.--In this section, the term ``textile or apparel
article'' means--
(1) any apparel article classified under any chapter of
section XII of the Harmonized Tariff Schedule of the United
States;
(2) any textiles classified under any such chapter from
which apparel articles can be produced; and
(3) any footwear article classified under chapter 64 of
such Schedule.
SEC. 6. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act. | Cambodian Trade Act of 2010 - Declares it is U.S. policy to: (1) support and encourage countries that comply with international agreements, respect human rights and the protection of refugee populations, and value and protect minority populations seeking asylum and protection from oppressive governments and regimes; and (2) assist refugees and minority populations seeking asylum and protection from oppressive governments and regimes.
Prohibits the United States from reducing or forgiving a debt owed by Cambodia to the United States.
Prohibits the extension of duty-free treatment to Cambodian textile or apparel articles imported into the United States. | {"src": "billsum_train", "title": "To provide that Cambodia's debt to the United States may not be reduced or forgiven, and textile and apparel articles that are the product of Cambodia and imported into the United States may not be extended duty free treatment."} | 991 | 129 | 0.454831 | 1.331644 | 0.375583 | 4.621622 | 8.297297 | 0.927928 |
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