text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Flexibility Act of
1999''.
SEC. 2. COMPENSATORY TIME.
Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207)
is amended by adding at the end the following:
``(r) Compensatory Time Off for Private Employees.--
``(1) General rule.--
``(A) Compensatory time off.--An employee may
receive, in accordance with this subsection and in lieu
of monetary overtime compensation, compensatory time
off at a rate not less than one and one-half hours for
each hour of employment for which overtime compensation
is required by this section.
``(B) Definition.--For purposes of this subsection,
the term `employee' does not include an employee of a
public agency.
``(2) Conditions.--An employer may provide compensatory
time to employees under paragraph (1)(A) only if such time is
provided in accordance with--
``(A) applicable provisions of a collective
bargaining agreement between the employer and the labor
organization which has been certified or recognized as
the representative of the employees under applicable
law, or
``(B) in the case of employees who are not
represented by a labor organization which has been
certified or recognized as the representative of such
employees under applicable law, an agreement arrived at
between the employer and employee before the
performance of the work and affirmed by a written or
otherwise verifiable record maintained in accordance
with section 11(c)--
``(i) in which the employer has offered and
the employee has chosen to receive compensatory
time in lieu of monetary overtime compensation;
and
``(ii) entered into knowingly and
voluntarily by such employees and not as a
condition of employment.
No employee may receive or agree to receive compensatory time
off under this subsection unless the employee has worked at
least 1000 hours for the employee's employer during a period of
continuous employment with the employer in the 12 month period
before the date of agreement or receipt of compensatory time
off.
``(3) Hour limit.--
``(A) Maximum hours.--An employee may accrue not
more than 160 hours of compensatory time.
``(B) Compensation date.--Not later than January 31
of each calendar year, the employee's employer shall
provide monetary compensation for any unused
compensatory time off accrued during the preceding
calendar year which was not used prior to December 31
of the preceding year at the rate prescribed by
paragraph (6). An employer may designate and
communicate to the employer's employees a 12-month
period other than the calendar year, in which case such
compensation shall be provided not later than 31 days
after the end of such 12-month period.
``(C) Excess of 80 hours.--The employer may provide
monetary compensation for an employee's unused
compensatory time in excess of 80 hours at any time
after giving the employee at least 30 days notice. Such
compensation shall be provided at the rate prescribed
by paragraph (6).
``(D) Policy.--Except where a collective bargaining
agreement provides otherwise, an employer which has
adopted a policy offering compensatory time to employees may
discontinue such policy upon giving employees 30 days notice.
``(E) Written request.--An employee may withdraw an
agreement described in paragraph (2)(B) at any time. An
employee may also request in writing that monetary
compensation be provided, at any time, for all
compensatory time accrued which has not yet been used.
Within 30 days of receiving the written request, the
employer shall provide the employee the monetary
compensation due in accordance with paragraph (6).
``(4) Private employer actions.--An employer which provides
compensatory time under paragraph (1) to employees shall not
directly or indirectly intimidate, threaten, or coerce or
attempt to intimidate, threaten, or coerce any employee for the
purpose of--
``(A) interfering with such employee's rights under
this subsection to request or not request compensatory
time off in lieu of payment of monetary overtime
compensation for overtime hours; or
``(B) requiring any employee to use such
compensatory time.
``(5) Termination of employment.--An employee who has
accrued compensatory time off authorized to be provided under
paragraph (1) shall, upon the voluntary or involuntary
termination of employment, be paid for the unused compensatory
time in accordance with paragraph (6).
``(6) Rate of compensation.--
``(A) General rule.--If compensation is to be paid
to an employee for accrued compensatory time off, such
compensation shall be paid at a rate of compensation
not less than--
``(i) the regular rate received by such
employee when the compensatory time was earned,
or
``(ii) the final regular rate received by
such employee,
whichever is higher.
``(B) Consideration of payment.--Any payment owed
to an employee under this subsection for unused
compensatory time shall be considered unpaid overtime
compensation.
``(7) Use of time.--An employee--
``(A) who has accrued compensatory time off
authorized to be provided under paragraph (1), and
``(B) who has requested the use of such
compensatory time,
shall be permitted by the employee's employer to use such time
within a reasonable period after making the request if the use
of the compensatory time does not unduly disrupt the operations
of the employer.
``(8) Definitions.--The terms `overtime compensation' and
`compensatory time' shall have the meanings given such terms by
subsection (o)(7).''.
SEC. 3. REMEDIES.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (b), by striking ``(b) Any employer'' and
inserting ``(b) Except as provided in subsection (f), any
employer''; and
(2) by adding at the end the following:
``(f) An employer which violates section 7(r)(4) shall be liable to
the employee affected in the amount of the rate of compensation
(determined in accordance with section 7(r)(6)(A)) for each hour of
compensatory time accrued by the employee and in an additional equal
amount as liquidated damages reduced by the amount of such rate of
compensation for each hour of compensatory time used by such
employee.''.
SEC. 4. NOTICE TO EMPLOYEES.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Labor shall revise the materials the Secretary
provides, under regulations published at 29 C.F.R. 516.4, to employers
for purposes of a notice explaining the Fair Labor Standards Act of
1938 to employees so that such notice reflects the amendments made to
such Act by this Act.
SEC. 5. SUNSET.
This Act and the amendments made by this Act shall expire 5 years
after the date of the enactment of this Act. | Working Families Flexibility Act of 1999 - Amends the Fair Labor Standards Act of 1938 to provide for compensatory time for all employees.
Allows an employee to receive, in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required under the Act. | {"src": "billsum_train", "title": "Working Families Flexibility Act of 1999"} | 1,563 | 78 | 0.607842 | 1.473759 | 1.126209 | 6 | 21.264706 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arabia Mountain National Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a successor
of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``The Preferred Concept''
contained in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including the following:
(A) Assisting units of government and nonprofit
organizations in preserving resources within the
heritage area.
(B) Encouraging local governments to adopt land use
policies consistent with the management of the heritage
area and the goals of the management plan.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this Act, the management entity
shall submit to the Secretary an annual report that describes
the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this Act.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until such date as a management plan for
the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 8. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 4(b) but for the establishment of the
heritage area by section 4; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 4(b) as
of the date of enactment of this Act, solely as a result of the
establishment of the heritage area by section 4.
(b) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the management
entity.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or provide any
assistance under this Act shall terminate on September 30, 2016. | Arabia Mountain National Heritage Area Act - Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity. Requires the Alliance to develop a management plan for the Heritage Area and to implement that plan following approval by the Secretary of the Interior. | {"src": "billsum_train", "title": "A bill to establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other purposes."} | 2,636 | 67 | 0.584503 | 1.660863 | 0.62132 | 3.140351 | 43.596491 | 0.929825 |
short title
Section 1. This Act may be cited as the ``Government Shutdown
Prevention Act''.
continuing funding
Sec. 2. (a) If any regular appropriation bill for fiscal year 1998
does not become law prior to the beginning of fiscal year 1998 or a
joint resolution making continuing appropriations is not in effect,
there is appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
program, project, or activity for which funds were provided in fiscal
year 1997.
(b) Appropriations and funds made available, and authority granted,
for a program, project, or activity for fiscal year 1998 pursuant to
this Act shall be at 100 per cent of the rate of operations that was
provided for the program, project, or activity in fiscal year 1997 in
the corresponding regular appropriation Act for fiscal year 1997.
(c) Appropriations and funds made available, and authority granted,
for fiscal year 1998 pursuant to this Act for a program, project, or
activity shall be available for the period beginning with the first day
of a lapse in appropriations and ending with the earlier of--
(1) the date on which the applicable regular appropriation
bill for fiscal year 1998 becomes law (whether or not that law
provides for that program, project, or activity) or a
continuing resolution making appropriations becomes law, as the
case may be; or
(2) the last day of fiscal year 1998.
terms and conditions
Sec. 3. (a) An appropriation of funds made available, or authority
granted, for a program, project, or activity for fiscal year 1998
pursuant to this Act shall be made available to the extent and in the
manner which would be provided by the pertinent appropriation Act for
fiscal year 1997, including all of the terms and conditions and the
apportionment schedule imposed with respect to the appropriation made
or funds made available for fiscal year 1997 or authority granted for
the program, project, or activity under current law.
(b) Appropriations made by this Act shall be available to the
extent and in the manner which would be provided by the pertinent
appropriation Act.
(c) Notwithstanding any other provision of law, whenever the rate
for operations for any continuing project or activity would result in a
furlough or a reduction-in-force of Government employees, that rate for
operations shall be increased to a level that would preclude a furlough
or reduction-in-force.
coverage
Sec. 4. Appropriations and funds made available, and authority
granted, for any program, project, or activity for fiscal year 1998
pursuant to this Act shall cover all obligations or expenditures
incurred for that program, project, or activity during the portion of
fiscal year 1998 for which this Act applies to that program, project,
or activity.
expenditures
Sec. 5. Expenditures made for a program, project, or activity for
fiscal year 1998 pursuant to this Act shall be charged to the
applicable appropriation, fund, or authorization whenever a regular
appropriation bill or a joint resolution making continuing
appropriations until the end of fiscal year 1998 providing for that
program, project, or activity for that period becomes law.
initiating or resuming a program, project, or activity
Sec. 6. No appropriation or funds made available or authority
granted pursuant to this Act shall be used to initiate or resume any
program, project, or activity for which appropriations, funds, or other
authority were not available during fiscal year 1997.
protection of other obligations
Sec. 7. Nothing in this Act shall be construed to affect Government
obligations mandated by other law, including obligations with respect
to Social Security, Medicare, Medicaid, and veterans benefits.
definition
Sec. 8. In this Act, the term ``regular appropriation bill'' means
any annual appropriation bill making appropriations, otherwise making
funds available, or granting authority, for any of the following
categories of programs, projects, and activities:
(1) Agriculture, rural development, and related agencies
programs.
(2) The Departments of Commerce, Justice, and State, the
judiciary, and related agencies.
(3) The Department of Defense.
(4) The government of the District of Columbia and other
activities chargeable in whole or in part against the revenues
of the District.
(5) The Departments of Labor, Health and Human Services,
and Education, and related agencies.
(6) The Departments of Veterans and Housing and Urban
Development, and sundry independent agencies, boards,
commissions, corporations, and offices.
(7) Energy and water development.
(8) Foreign assistance and related programs.
(9) The Department of the Interior and related agencies.
(10) Military construction.
(11) The Department of Transportation and related agencies.
(12) The Treasury Department, the U.S. Postal Service, the
Executive Office of the President, and certain independent
agencies.
(13) The legislative branch. | Government Shutdown Prevention Act - Provides for continuing appropriations (at 100 percent of the rate of operations provided for in FY 1997) in the absence of regular appropriations for FY 1998.
Requires increases in the rate of operations as necessary to preclude furloughs or reductions-in-force. | {"src": "billsum_train", "title": "Government Shutdown Prevention Act"} | 1,053 | 70 | 0.581885 | 1.467281 | 0.892427 | 2.074074 | 19.425926 | 0.851852 |
SECTION 1. CONVEYANCE OF NOAA LABORATORY IN TIBURON, CALIFORNIA.
(a) In General.--Except as provided in subsection (c), the
Secretary of Commerce shall convey to the Board of Trustees of the
California State University, by suitable instrument, in accordance with
this section, by as soon as practicable, but not later than 120 days
after the date of the enactment of this Act, and without consideration,
all right, title, and interest of the United States in the balance of
the National Oceanic and Atmospheric Administration property known as
the Tiburon Laboratory, located in Tiburon, California, as described in
Exhibit A of the notarized, revocable license between the
Administration and Romberg Tiburon Center for Environmental Studies at
San Francisco State University dated November 5, 2001 (license number
01ABF779-N).
(b) Conditions.--As a condition of any conveyance by the Secretary
under this section the Secretary shall require the following:
(1) The property conveyed shall be administered by the
Romberg Tiburon Center for Environmental Studies at San
Francisco State University and used only for the following
purposes:
(A) To enhance estuarine scientific research and
estuary restoration activities within San Francisco
Bay.
(B) To administer and coordinate management
activities at the San Francisco Bay National Estuarine
Research Reserve.
(C) To conduct education and interpretation and
outreach activities to enhance public awareness and
appreciation of estuary resources, and for other
purposes.
(2) The Board shall--
(A) take title to the property as is;
(B) assume full responsibility for all facility
maintenance and repair, security, fire prevention,
utilities, signs, and grounds maintenance;
(C) allow the Secretary to have all necessary
ingress and egress over the property of the Board to
access Department of Commerce building and related
facilities, equipment, improvements, modifications, and
alterations; and
(D) not erect or allow to be erected any structure
or structures or obstruction of whatever kind that will
interfere with the access to or operation of property
retained for the United States under subsection (c)(1),
unless prior written consent has been provided by the
Secretary to the Board.
(c) Retained Interests.--The Secretary shall retain for the United
States--
(1) all right, title, and interest in and to the portion of
the property referred to in subsection (a) comprising Building
86, identified as Parcel C on Exhibit A of the license referred
to in subsection (a), including all facilities, equipment,
fixtures, improvements, modifications, or alterations made by
the Secretary;
(2) rights-of-way that are determined by the Secretary to
be reasonable and convenient to ensure all necessary ingress
and egress for Federal personnel or contractors to access the
property retained under paragraph (1), including access to the
existing boat launch ramp (or equivalent) and parking that is
suitable to the Secretary;
(3) the exclusive right to install, maintain, repair,
replace, and remove its facilities, fixtures, and equipment on
the retained property, and to authorize other persons to take
any such action;
(4) the right to grade, condition, and install drainage
facilities, and to seed soil on the retained property, if
necessary; and
(5) the right to remove all obstructions from the retained
property that may constitute a hindrance to the establishment
and maintenance of the retained property.
(d) Equivalent Alternative.--
(1) In general.--At any time, either the Secretary or the
Board may request of each other to enter into negotiations
pursuant to which the Board may convey if appropriate to the
United States, in exchange for property conveyed by the United
States under subsection (a), another building that is
equivalent to the property retained under subsection (c) that
is acceptable to the Secretary.
(2) Location.--Property conveyed by the Board under this
subsection is not required to be located on the property
referred to in subsection (a).
(3) Costs.--If the Secretary and the Board engage in a
property exchange under this subsection, all costs for repair,
removal, and moving of facilities, equipment, fixtures,
improvements, modifications, or alterations, including power,
control, and utilities, that are necessary for the exchange--
(A) shall be the responsibility of the Secretary,
if the action to seek an equivalent alternative was
requested by the Secretary in response to factors
unrelated to the activities of the Board or its
operatives in the operation of its facilities; or
(B) shall be the responsibility of the Board, if
the Secretary's request for an equivalent alternative
was in response to changes or modifications made by the
Board or its operatives that adversely affected the
Secretary's interest in the property retained under
subsection (c).
(e) Additional Conditions.--As conditions of any conveyance under
subsection (a)--
(1) the Secretary shall require that--
(A) the Board remediate, or have remediated, at its
sole cost, all hazardous or toxic substance
contamination found on the property conveyed under
subsection (a), whether known or unknown at the time of
the conveyance or later discovered; and
(B) the Board of Trustees hold harmless the
Secretary for any and all costs, liabilities, or claims
by third parties that arise out of any hazardous or
toxic substance contamination found on the property
conveyed under subsection (a) that are not directly
attributable to the installation, operation, or
maintenance of the Secretary's facilities, equipment,
fixtures, improvements, modifications, or alterations;
(2) the Secretary shall remediate, at the sole cost of the
United States, all hazardous or toxic substance contamination
on the property retained under subsection (c) that is found to
have occurred as a direct result of the installation,
operation, or maintenance of the Secretary's facilities,
equipment, fixtures, improvements, modifications, or
alterations; and
(3) if the Secretary decides to terminate future occupancy
and interest of the property retained under subsection (c), the
Secretary shall--
(A) provide written notice to the Board at least 60
days prior to the scheduled date when the property will
be vacated;
(B) remove facilities, equipment, fixtures,
improvements, modifications, or alterations and restore
the property to as good a condition as existed at the
time the property was retained under subsection (c),
taking into account ordinary wear and tear and exposure
to natural elements or phenomena; or
(C) surrender all facilities, equipment, fixtures,
improvements, modifications, or alterations to the
Board in lieu of restoration, whereupon title shall
vest in the Board of Trustees, and whereby all
obligations of restoration under this subsection shall
be waived, and all interests retained under subsection
(c) shall be revoked.
(f) Reversionary Interest.--
(1) In general.--All right, title, and interest in and to
all property and interests conveyed by the United States under
this section shall revert to the United States on the date on
which the Board uses any of the property for any purpose other
than the purposes described in subsection (b)(1).
(2) Administration of reverted property.--Any property that
reverts to the United States under this subsection shall be
under the administrative jurisdiction of the Administrator of
General Services.
(g) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Trustees
of the California State University.
(2) Center.--The term ``Center'' means the Romberg Tiburon
Center for Environmental Studies at San Francisco State
University.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Directs the Secretary of Commerce to convey to the Board of Trustees of the California State University all right, title, and interest of the United States in the balance of the National Oceanic and Atmospheric Administration property known as the Tiburon Laboratory, located in Tiburon, California.Permits the property conveyed only to be used for certain purposes, including to enhance estaurine scientific research and estuary activities within San Francisco Bay.Retains for the United States a certain building and related holdings on the grounds of Tiburon Laboratory, as well as other rights, including rights-of-way to access the retained property.Permits the Secretary and the Board to enter into negotiations to substitute another building of equal value for the Secretary to retain. Assigns certain of the costs for repair, removal, or moving of facilities and equipment under this Act to the Board and certain costs to the Secretary.Directs the Board to remediate or pay the cost of remediating all hazardous or toxic substance contamination found on the property to be conveyed. Requires the Secretary to remediate all hazardous or toxic substance contamination occurring as a direct result of work on the facilities and equipment retained by the Secretary.Specifies conditions for the Secretary to follow if occupancy on the retained property is terminated. | {"src": "billsum_train", "title": "To convey to the Board of Trustees of the California State University the balance of the National Oceanic and Atmospheric Administration property known as the Tiburon Laboratory, located in Tiburon, California."} | 1,637 | 277 | 0.643068 | 2.267138 | 0.814278 | 4.008547 | 6.790598 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disability Integration and
Coordination Improvement Act''.
SEC. 2. OFFICE OF DISABILITY INTEGRATION AND COORDINATION.
Section 513 of the Homeland Security Act of 2002 (6 U.S.C. 321b) is
amended--
(1) in subsection (b), by striking ``and'' after the
semicolon at the end of paragraph (1), by redesignating
paragraph (11) as paragraph (12), and by inserting after
paragraph (10) the following new paragraph:
``(11) serving as the Director of the Office of Disability
Integration and Coordination established under subsection (c);
and''; and
(2) by adding at the end the following new subsection:
``(c) Office of Disability Integration and Coordination.--
``(1) In general.--The Administrator shall establish within
the Agency the Office of Disability Integration and
Coordination (in this subsection referred to as the `Office').
``(2) Mission.--The Administrator shall, in consultation
with the National Council on Disability, State, local, and
tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other
community humanitarian relief entities, use the Office to
implement strategies and activities in support of the
responsibilities of the Disability Coordinator under this
section and as assigned by other provisions of law or by the
Administrator.
``(3) Staffing.--The Disability Coordinator--
``(A) subject to subparagraph (B), shall maintain
staffing levels of the Office that are commensurate
with the current and projected workload;
``(B) shall maintain not less than 10 full-time,
permanent personnel of the headquarters office of the
Agency who are properly trained to implement the
Office's mission, and who shall be assigned to the
Regional Offices as necessary; and
``(C) shall periodically evaluate the staffing
levels of the headquarters office of the Agency.
``(4) Performance measures.--The Administrator, in
coordination with the Disability Coordinator and in
consultation with the National Council on Disability, State,
local, and tribal governments, private sector entities, and
nongovernmental organizations, including faith-based and other
community humanitarian relief entities, shall establish
performance measures for the Office that are specific,
measurable, achievable, and relevant, including but not limited
to--
``(A) ensuring the timely development, update,
integration, and dissemination of information,
including policy guidance, training materials, and
other planning tools for State, local, and tribal
government officials and other appropriate
stakeholders; and
``(B) ensuring the integration of people with
disabilities into emergency, preparedness, protection,
mitigation, evacuation, sheltering, transition,
resiliency, and recovery plans.''.
SEC. 3. ASSESSMENT OF PEOPLE WITH DISABILITIES REGISTRIES.
(a) General.--The Administrator, subject to the availability of
appropriations, shall enter into a contract with the National Academy
of Public Administration within 60 days after the date of enactment of
this Act to--
(1) conduct an assessment of the efficacy of State, local,
and tribal governments' and nonprofits' registries of people
with disabilities to guide planning and preparedness during
local, State, and national disasters or emergencies resulting
from a natural disaster, an act of terrorism, or other man-made
disaster; and
(2) provide recommendations for establishing a Federal
disabilities registry.
(b) Study Goals.--The study shall--
(1) review national trends of State, local, and tribal
governments' use of such registries;
(2) provide a comparative analysis, including costs, of the
sampling of such registries;
(3) determine the effectiveness of such registries for
implementing emergency planning, evacuation, and recovery plans
related to sheltering needs for people with disabilities during
disasters and emergencies resulting from a natural disaster, an
act of terrorism, or other man-made disaster;
(4) review best practices from State, local, and tribal
governments that have adopted a registry plan; and
(5) provide recommendations for implementation of a Federal
disabilities registry.
(c) Final Report.--The National Academy of Public Administration
shall--
(1) submit the findings of the study to the Committee on
Homeland Security of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Administrator of the Federal Emergency
Management Agency not later than 12 months after the contract
is awarded; and
(2) periodically brief Congress on the progress of the
study. | Disability Integration and Coordination Improvement Act - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to: (1) establish an Office of Disability Integration and Coordination; (2) use such Office to implement strategies and activities in support of the responsibilities of the Disability Coordinator, who shall serve as the Director of the Office. and (3) establish specific, measurable, achievable, and relevant performance measures for the Office, including to ensure the integration of people with disabilities into emergency, preparedness, protection, mitigation, evacuation, sheltering, transition, resiliency, and recovery plans.
Directs the Administrator to contract with the National Academy of Public Administration to: (1) conduct an assessment of the efficacy of state, local, and tribal governments' and nonprofits' registries of people with disabilities to guide planning and preparedness during local, state, and national disasters or emergencies resulting from a natural disaster, an act of terrorism, or other man-made disaster; and (2) provide recommendations for establishing a federal disabilities registry. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish the Office of Disability Integration and Coordination within the Federal Emergency Management Agency, and for other purposes."} | 967 | 224 | 0.633502 | 1.753731 | 0.949595 | 6.692308 | 4.538462 | 0.971154 |
SECTION 1. RESTORATION OF INVESTMENT CREDIT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(4) the general investment credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end thereof the following new subsection:
``(c) General Investment Credit.--
``(1) In general.--For purposes of section 46, the general
investment credit for any taxable year is an amount equal to 10
percent of the qualified investment for such taxable year.
``(2) Qualified investment.--
``(A) In general.--For purposes of paragraph (1),
the qualified investment for any taxable year is the
aggregate of--
``(i) the applicable percentage of the
basis of each new section 38 property placed in
service by the taxpayer during such taxable
year, plus
``(ii) the applicable percentage of the
cost of each used section 38 property placed in
service by the taxpayer during such taxable
year.
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage for any
property shall be determined under paragraphs (2) and
(7) of section 46(c) (as in effect on the day before
the date of the enactment of the Revenue Reconciliation
Act of 1990).
``(C) Certain rules made applicable.--The
provisions of subsections (b) and (c) of section 48 (as
in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990) shall apply
for purposes of this part.
``(3) Section 38 property.--For purposes of this
subsection, the term `section 38 property' means--
``(A) tangible personal property (other than an air
conditioning or heating unit), or
``(B) other tangible property (not including a
building and its structural components) but only if
such property--
``(i) is used as an integral part of
manufacturing, production, or extraction or of
furnishing transportation, communications,
electrical energy, gas, water, or sewage
disposal services, or
``(ii) constitutes a research facility used
in connection with any of the activities
referred to in clause (i), or
``(iii) constitutes a facility used in
connection with any of the activities referred
to in clause (i) for the bulk storage of
fungible commodities (including commodities in
a liquid or gaseous state), or
``(C) elevators and escalators, but only if--
``(i) the construction, reconstruction, or
erection of the elevator or escalator is
completed by the taxpayer, or
``(ii) the original use of such elevator or
escalator commences with the taxpayer, or
``(D) single purpose agricultural or horticultural
structures; or
``(E) a storage facility (not including a building
and its structural components) used in connection with
the distribution of petroleum or any primary product of
petroleum.
Such term includes only property to which section 168 applies
without regard to any useful life and any other property with
respect to which depreciation (or amortization in lieu of
depreciation) is allowable and having a useful life (determined
as of the time such property is placed in service) of 3 years
or more.
``(4) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(5) Certain progress expenditure rules made applicable.--
Rules similar to rules of subsection (c)(4) and (d) of section
46 (as in effect on the day before the date of the enactment of
the Revenue Reconciliation Act of 1990) shall apply for
purposes of this subsection.''
(c) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code is
amended by striking ``and'' at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
``, and'', and by adding at the end the following new clause:
``(iv) the basis of any new section 38
property and the cost of any used section 38
property.''
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(5)'' before the period at the
end.
(3) Paragraph (5) of section 50(a) of such Code is amended
by adding at the end thereof the following new subparagraph:
``(D) Special rules for certain property.--In the
case of any section 38 property which is 3-year
property (within the meaning of section 168(e))--
``(i) the percentage set forth in clause
(ii) of the table contained in paragraph (1)(B)
shall be 66 percent,
``(ii) the percentage set forth in clause
(iii) of such table shall be 33 percent, and
``(iii) clauses (iv) and (v) of such table
shall not apply.''
(4)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act under
rules similar to the rules of section 48(m) of such Code (as in effect
on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990). | Amends the Internal Revenue Code to reinstate the ten-percent investment tax credit for property used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, and sewage disposal services. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to restore the 10 percent investment credit."} | 1,371 | 54 | 0.492321 | 1.122891 | 0.527074 | 4.404255 | 27.319149 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Business Back Act of
2010''.
SEC. 2. INCENTIVES FOR CERTAIN EMPOWERMENT ZONE REAL PROPERTY.
(a) In General.--Subchapter U of chapter 1 of the Internal Revenue
Code of 1986 is amended by redesignating part V as part VI, by
redesignating section 1397F as section 1397G, and by inserting after
part IV the following new part:
``PART V--INCENTIVE FOR EMPOWERMENT ZONE REAL PROPERTY
``SEC. 1397F. INCOME ATTRIBUTABLE TO EMPOWERMENT ZONE REAL PROPERTY
EXCLUDED FROM GROSS INCOME.
``(a) In General.--Gross income shall not include income or gain
attributable to qualified real property for any taxable year beginning
during the exclusion period.
``(b) Definitions.--For purposes of this section--
``(1) Qualified real property.--
``(A) In general.--The term `qualified real
property' means any real property--
``(i) which is certified by the State or
local zoning authority, and any economic
development board, with respect to such
property as meeting the requirements of
subparagraph (B), and
``(ii) with respect to which an election
has been made (at such time and in such form
and manner as the Secretary shall by regulation
prescribe) to have this section apply.
``(B) Requirements.--Property meets the
requirements of this subparagraph if such property--
``(i) is zoned for commercial use,
``(ii) has been undeveloped and vacant
during the 2-year period ending on the date of
certification, and
``(iii) is located within a qualified
census tract.
``(C) Qualified census tract.--The term `qualified
census tract' means any census tract which--
``(i)(I) has an average poverty rate
exceeding the national average poverty rate, or
``(II) has an unemployment rate above the
national unemployment rate, and
``(ii) exhibits another condition of
distress, such as high crime, deteriorating
infrastructure, or population decline.
Poverty rates shall be determined by using 2010 census
data, and unemployment rates shall be determined by
reference to the rate of unemployment announced by the
Bureau of Labor Statistics of the Department of Labor
for the months in the 2 most recently ended calendar
quarters.
``(D) Economic development board.--The term
`economic development board' means, with respect to any
property, any entity established by law to oversee the
economic development of an area within which such
property is located.
``(2) Exclusion period.--The term `exclusion period' means,
with respect to a taxable year, the 10 taxable year period
beginning with the first taxable year beginning after the date
of the enactment of this section for which the income
attributable to the qualified real property exceeds the pre-
depreciation expenses attributable to such real property.
``(c) Special Rules.--For purposes of this section--
``(1) Subsequent taxpayers.--Subsection (a) shall only
apply to a taxpayer who has an ownership interest in the
qualified real property on the first day of the exclusion
period with respect to such property.
``(2) Limitation on application of section.--An election to
have this section apply may only be made once with respect to
any property.
``(3) Tax-exempt use property.--This section shall not
apply to any property which is tax-exempt use property (as
defined in section 168(h)).
``(d) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including methods for allocating income and expenses to
property and rules to prevent abuse of this section.''.
(b) Clerical Amendment.--The table of parts for subchapter U of
chapter 1 of such Code is amended by striking the item relating to part
V and inserting the following new items:
``Part V. Incentive for Empowerment Zone Real Property.
``Part VI. Regulations.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Bringing Business Back Act of 2010 - Amends the Internal Revenue Code to exclude from gross income for a specified 10-year period, for income tax purposes, income or gain from real property that is certified as zoned for commercial use, that has been undeveloped and vacant for a 2-year period, and that is located in a qualified census tract. Defines "qualified census tract" as any census tract that has an average poverty and unemployment rate exceeding the national rate and that exhibits another condition of distress, such as high crime, deteriorating infrastructure, or population decline. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude income attributable to certain empowerment zone real property from gross income."} | 1,000 | 123 | 0.55881 | 1.507871 | 0.620634 | 3.063636 | 7.827273 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurturing Special Kids Act of
2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2000, there were 70,400,000 children under age 18 in
the United States, and children made up 26 percent of the
United States population. The percentage of the population that
consists of children is expected to be stable. Children are
expected to comprise 24 percent of the population by 2020.
(2) There are 11,400,000 infants and toddlers and
12,000,000 preschool-age children in the United States.
(3) Nationwide, at least 200,000 infants and toddlers,
600,000 preschool-age children, 2,700,000 children age 6
through 11, and 2,300,000 children age 12 through 17 are served
under the Individuals with Disabilities Education Act.
(4)(A) Child health often varies by family income. Children
in families with incomes below the poverty line (referred to in
this Act as ``low-income families'') are less likely than
children in other families (referred to in this Act as
``higher-income families'') to be in very good or excellent
health.
(B) Children from low-income families are more likely to
have disabilities or other special needs. They are twice as
likely to have a significant disability, nearly twice as likely
have serious mental or physical disabilities, and 1.3 times as
likely to have learning disabilities, as children from higher-
income families.
(5)(A) Children (including youth) in low-income families
have significantly higher rates of activity limitation than
children in higher-income families.
(B) In 1998, 11 percent of children age 5 through 17 in
low-income families had activity limitations due to chronic
conditions. By comparison, 7 percent of such children in
higher-income families had such limitations. Children under age
5 in low-income families had a higher rate of activity
limitation than such children in higher-income families.
(6) Child care can easily cost more than $4,000 a year per
child, and high quality child care typically costs much more.
The cost of child care is a significant part of a working
family's budget, and can force a family to compromise on the
quality of care. The expense of child care, relative to income,
often keeps family members from being able to afford to work.
(7) Forty-five percent of mothers with an infant who is a
child with a disability or other special needs do not work
outside the home because they cannot find child care. Those
mothers are less likely to reenter the labor force by the time
their children reach age 1, and those mothers work fewer hours,
than mothers with typically developing children.
(8) The vast majority of working families who are
struggling to afford the high cost of child care are not
getting any help in covering that cost. Only 1 out of 10
children who are eligible for child care assistance through the
program carried out under the Child Care and Development Block
Grant Act of 1990 are receiving any help through that program.
(9) A survey found that parents who were using paid child
care and whose children had emotional or behavioral
disabilities had great difficulty making child care
arrangements. Those parents were 20 times more likely than
other parents to report that their caregivers had quit or
otherwise stopped serving their children, because of those
disabilities.
(10) The General Accounting Office, the Institute of
Medicine of the National Academy of Sciences, and the National
Research Council of the National Academy of Sciences have all
documented the national shortage of child care options for
children with disabilities or other special needs.
(11)(A) In a national survey of families who have children
with disabilities, \1/5\ of the respondents indicated that a
family member had to quit working or work fewer hours because
of a child's health.
(B) In a Florida survey of a similar group of families, 40
percent of the respondents reported that a family member does
not work, 33 percent reported that a family member turned down
a job, and 20 percent reported that a family member works fewer
hours, because of the need to care for a child's special needs.
(C) The shortage of specialized child care is 1 major
factor that makes it difficult for parents of children with
disabilities to work.
(12) In a survey by the General Accounting Office, 6 out of
7 States surveyed indicated a shortage of child care suitable
for children with disabilities or other special needs.
(13) Research shows that providing support to children with
disabilities or other special needs in their early years
reduces their need for special education and support later in
life.
SEC. 3. CHILD CARE QUALITY IMPROVEMENTS FOR CHILDREN WITH DISABILITIES
OR OTHER SPECIAL NEEDS.
The Child Care and Development Block Grant Act of 1990 is amended
by inserting after section 658G (42 U.S.C. 9858e) the following:
``SEC. 658H. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE FOR
CHILDREN WITH DISABILITIES OR OTHER SPECIAL NEEDS.
``(a) Definition.--In this section:
``(1) Child with a disability or other special needs.--The
term `child with a disability or other special needs' means a
child who is--
``(A) eligible for early intervention services
under part C of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.);
``(B) eligible for services under part B of the
Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.); or
``(C) a child with special health care needs,
within the meaning of title V of the Social Security
Act (42 U.S.C. 701 et seq.), who is an individual with
a disability, as defined in section 7(20)(B) of the
Rehabilitation Act of 1973 (29 U.S.C. 705(20)(B)).
``(2) Covered amount.--The term `covered amount', used with
respect to a State and a fiscal year, means an amount equal to
the total of--
``(A) 5 percent of the allotment received by that
State under section 658O for that fiscal year; and
``(B) 96 percent of the allotment received by that
State under section 658O for fiscal year 2002.
``(b) Activities.--For any fiscal year in which a State receives an
allotment under section 658O that exceeds the covered amount, the State
shall reserve and use the excess--
``(1)(A) to support child care programs that accept
children with disabilities or other special needs;
``(B) to provide higher reimbursement rates to eligible
child care providers who serve children with disabilities or
other special needs through higher subsidies that reflect the
real costs of caring for a child with a disability or other
special needs; and
``(C) to support training for eligible child care providers
in the care of children with disabilities or other special
needs;
``(2) to fund consultations for eligible child care
providers by competent, licensed professionals--
``(A) to improve the eligible child care providers'
ability to identify children with disabilities or other
special needs, including mental and emotional
disorders; and
``(B) to strengthen their ability to care for such
children; and
``(3) to provide--
``(A) a comprehensive system of ongoing training
and technical assistance, consisting of--
``(i) training for eligible child care
providers, State licensing and regulatory
agencies responsible for licensing and
regulating child care providers, special
education and related services personnel, and
parents and other family members on how to
collaborate with each other to help ensure
appropriate implementation of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.), and
section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 794);
``(ii) technical assistance to assist
eligible child care providers who are center-
based child care providers, group home child
care providers, or family child care providers,
to enable the eligible child care providers to
include appropriately children with
disabilities or other special needs with other
children in child care settings;
``(iii) training for child care facility
directors and staff on the use of assistive
technology for children with disabilities or
other special needs;
``(iv) training to develop leadership
skills for directors of child care facilities
to operate inclusive child care programs,
including training concerning leadership skills
in financial development, program development,
parent education, and community development;
and
``(v) assistance to State and local child
care resource and referral agencies on
compliance with the Americans with Disabilities
Act of 1990, the Individuals with Disabilities
Education Act, and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794); and
``(B) grants for recruitment and retention of
qualified staff, consisting of--
``(i) grants for scholarships, for eligible
child care providers who work with children
with disabilities or other special needs, and
other children, to obtain--
``(I) associate's, bachelor's, or
master's degrees in child development
or special education; or
``(II) training in child
development;
``(ii) grants to increase salaries of
eligible child care providers who obtain--
``(I) associate's, bachelor's, or
master's degrees in child development;
or
``(II) training in child
development or special education; and
``(iii) grants to promote retention of
eligible child care providers in the child care
field.''.
SEC. 4. STATE PLAN REQUIREMENTS.
Section 658E(c)(2) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the
following new subparagraphs:
``(I) Reimbursement for special needs care.--
Certify that the State is taking the cost of
specialized care for children with disabilities or
other special needs (as defined in section 658H) into
account when determining reimbursement rates for child
care for which assistance is provided under this
subchapter.
``(J) Compliance with disability laws.--Certify
that the State will ensure that all eligible child care
providers within the State are informed about the
requirements associated with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.), and section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), and describe how the State
will assist eligible child care providers by providing
the training, technical assistance, and resources
necessary to assist the providers in complying with
those Acts.
``(K) Coordination with other applicable
activities.--Certify and describe the State's efforts
to coordinate--
``(i) training, services, and other
assistance provided under section 658H with
respect to children with disabilities or other
special needs; and
``(ii) similar activities supported under
section 619, part C, or part D of the
Individuals with Disabilities Education Act (20
U.S.C. 1419, 1431 et seq., or 1451 et seq.), or
title V of the Social Security Act (42 U.S.C.
701 et seq.).''.
SEC. 5. GRANTS AND LOANS FOR CERTAIN CHILD CARE PROGRAMS.
(a) In General.--The Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858) is amended--
(1)(A) by redesignating section 658P as section 658T; and
(B) by inserting section 658T (as so redesignated) after
section 658S; and
(2) by inserting after section 658O the following:
``SEC. 658P. GRANTS AND LOANS FOR CERTAIN CHILD CARE PROGRAMS.
``(a) Definition.--In this section:
``(1) Child with a disability or other special needs.--The
term `child with a disability or other special needs' has the
meaning given the term in section 658H.
``(2) Inclusive child care program.--The term `inclusive
child care program' means a child care program--
``(A) that serves children with disabilities or
other special needs, and other children, together in a
setting; and
``(B) in which not more than 50 percent of the
children enrolled are children with disabilities or
other special needs.
``(b) Grants and Loans.--Subject to appropriations, the Secretary
shall make grants and low-interest loans to public agencies and
nonprofit organizations (including States, local governments, and
community-based organizations) for projects that increase the
availability of inclusive child care programs. Such projects may
support inclusive child care programs that target low-income
populations.
``(c) Applications.--To be eligible to receive a grant or loan
under this section, an agency or organization shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
``(d) Relationship to Other Law.--In this subchapter, other than
this section, a provision that refers to this subchapter shall not be
considered to refer to this section.''.
(b) Conforming Amendments.--
(1) Sections 658B and 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858, 9858e) are
amended by striking ``this subchapter'' and inserting ``this
subchapter (other than section 658P)''.
(2) Section 658O(a)(1) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m(a)(1)) is amended by
striking ``this subchapter'' and inserting ``section 658B''.
SEC. 6. APPROPRIATE OR UNSUITABLE CHILD CARE.
Section 407(e) of the Social Security Act (42 U.S.C. 607(e)) is
amended by adding at the end the following:
``(3) Appropriate or unsuitable child care.--In determining
whether child care is appropriate or unsuitable for purposes of
paragraph (2), a State shall not consider child care to be
appropriate, and shall consider the child care to be
unsuitable, for a child unless the State determines that the
child care meets the physical, developmental, emotional,
behavioral, and cultural needs of the child.''. | Nurturing Special Kids Act of 2002 - Amends the Child Care and Development Block Grant Act of 1990 (CCDBGA) to require States to reserve certain funds for activities to improve the quality of child care for children with disabilities or other special needs (special children).Requires States that receive CCDBGA allotments in excess of a covered amount to reserve and use the excess to: (1) support child care programs that accept special children, provide higher reimbursements to providers who serve special children, and support training for providers in the care of special children; (2) fund consultations by professionals to improve providers' abilities to identify and care for special children; (3) provide a comprehensive system of ongoing training and technical assistance with respect to providers and others involved in care of special children; and (4) provide grants for recruitment and retention of qualified staff for care of special children. | {"src": "billsum_train", "title": "A bill to amend the Child Care and Development Block Grant Act of 1990 to provide for child care quality improvements for children with disabilities or other special needs, and for other purposes."} | 3,305 | 182 | 0.432216 | 1.235048 | 0.806847 | 3.391566 | 17.981928 | 0.921687 |
TITLE I--CONGRESSIONAL ADVISORY COMMISSION ON AMATEUR BOXING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Congressional Advisory Commission
on Amateur Boxing Act of 1993''.
SEC. 102. ESTABLISHMENT.
There is established a Commission to be known as the Congressional
Advisory Commission on Amateur Boxing (in this title referred to as the
``Commission'').
SEC. 103. PURPOSE.
The purpose of the Commission is to conduct studies and make
legislative recommendations to the Congress based on the studies
regarding the establishment of Federal standards for amateur boxing
matches held in the United States.
SEC. 104. MEMBERSHIP AND ORGANIZATION.
(a) Number and Appointment.--The Commission shall be composed of
ten members as follows:
(1) Health officials.--Two members, one appointed by the
Speaker of the House of Representatives and one appointed by
the majority leader of the Senate, from a list of six
individuals nominated for appointment jointly by the American
Medical Association and the Association of Ringside Physicians.
(2) State athletic commissioner.--One member appointed by
the Speaker of the House of Representatives from among
individuals who are or have been employed as State athletic
commissioners.
(3) Amateur boxing federation.--One member appointed by the
majority leader of the Senate from among individuals who are
members of the United States of America Amateur Boxing
Federation, Incorporated.
(4) Media.--One member appointed by the Speaker of the
House of Representatives from among individuals who are
employed in the media and are knowledgeable about boxing.
(5) Amateur boxer.--One member appointed by the majority
leader of the Senate from among individuals with special
interests or experience in amateur boxing.
(6) Professional boxers.--Four members, two appointed by
the Speaker of the House of Representatives and two appointed
by the majority leader of the Senate, from among individuals
with special interests or experience in professional boxing.
(b) Chairman and Vice Chairman.--The Chairman of the Commission
shall be designated by the Speaker of the House of Representatives. The
Vice Chairman of the Commission shall be designated by the majority
leader of the Senate.
(c) Basic Pay.--
(1) Members.--Except as provided in paragraph (2), members
of the Commission shall each be paid at a rate not to exceed
the daily equivalent of the minimum annual rate of basic pay in
effect for grade GS-13 of the General Schedule for each day
(including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(2) Chairman and vice chairman.--The Chairman and the Vice
Chairman of the Commission shall be paid at a rate not to
exceed the daily equivalent of the minimum annual rate of basic
pay in effect for grades GS-15 and GS-14 of the General
Schedule, respectively, for each day (including travel time)
during which they are engaged in the actual performance of
duties vested in the Commission.
(d) Organizational Meeting.--
(1) Time and purpose.--Not later than thirty days after all
members have been appointed to the Commission, the Commission
shall hold an organizational meeting to establish the rules and
procedures necessary to carry out its responsibilities under
this title subject to paragraph (2).
(2) Rules and procedures.--The rules and procedures shall
provide that--
(A) all Commission meetings shall be open to the
public;
(B) one-half of the total Commission membership
shall constitute a quorum; and
(C) a majority of members voting shall be required
to authorize any recommendation or other official
action of the Commission.
SEC. 105. ADMINISTRATIVE POWERS.
(a) Appointment and Compensation of Staff.--
(1) In general.--Subject to rules prescribed by the
Commission, the Chairman may appoint and fix the pay of staff
as the Chairman considers 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
such title relating to classification and General Schedule pay
rates.
(b) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Chairman may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal agency is authorized to detail, on a reimbursable
basis, any of the personnel of the agency to the Commission to assist
the Commission in carrying out its duties under this title.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis,
administrative support services requested by the Commission.
SEC. 106. INVESTIGATIVE POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this title, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as the
Commission considers appropriate.
(b) Obtaining Official Data.--The Commission may secure directly
from any Federal agency information necessary to enable it to carry out
this title. Upon request of the Chairman of the Commission, the head of
the agency shall furnish the information to the Commission.
(c) Subpoena Power.--
(1) Issuance.--The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production of
any evidence that relates to any matter under investigation by
the Commission. The attendance of witnesses and the production
of evidence may be required from any place within a judicial
district at any designated place of hearing within the judicial
district.
(2) Enforcement.--If a person issued a subpoena under
paragraph (1) refuses to obey the subpoena or is guilty of
contumacy, any court of the United States within the judicial
district within which the hearing is conducted or within the
judicial district within which the person is found or resides
or transacts business may (upon application by the Commission)
order the person to appear before the Commission to produce
evidence or to give testimony relating to the matter under
investigation. Any failure to obey the order of the court may
be punished by the court as a contempt of the court.
(3) Manner of service.--A subpoena of the Commission shall
be served in the manner provided for subpoenas issued by a
United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Place of service.--All process of any court to which
application may be made under this section may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 107. REPORT.
Not later than nine months after the organizational meeting of the
Commission is held under section 104(d), the Commission shall submit to
the Congress a report that contains a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for legislation it considers appropriate with respect
to the following:
(1) Licensing requirements.--Licensing requirements,
including proficiency standards and evaluation for boxers,
promoters, referees, judges, ringside physicians, timekeepers,
and all other ring officials.
(2) Health and medical requirements.--Health and medical
requirements, including provision for prefight testing and
examination of referees by physicians and for prefight and
postfight testing and examination of boxers by physicians
specializing in cardiological, neurological, and
ophthalmological treatment.
(3) Safety and performance standards.--Safety requirements
and performance standards for equipment and facilities used in
boxing matches.
(4) Bonding requirements.--Requirements for bonding of
promoters of boxing matches.
(5) Insurance requirements.--Health, life, and accident
insurance requirements for boxers.
(6) Training programs.--Training programs and standards for
referees, judges, and other appropriate ring officials.
(7) Classification and ranking guidelines.--Guidelines and
standards governing the classification and ranking of boxers
and the establishment of a national authority to maintain an
accurate and current account of the classifications and
rankings.
(8) National data base.--Establishment of a national data
base of information on the health and medical condition,
background, and ring record of boxers.
(9) Reporting requirements.--Requirements governing the
reporting of information needed to fulfill the requirements of
paragraphs (7) and (8).
(10) Fines and penalties.--Fines and penalties for
violations of the national standards established under Federal
law.
SEC. 108. TERMINATION.
The Commission shall cease to exist sixty days after submitting its
report pursuant to section 107.
SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $2,000,000 to carry out this
title.
TITLE II--PROHIBITION OF PROFESSIONAL BOXING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Professional Boxing
Prohibition Act of 1993''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) although many sports may have higher death and injury
rates, the injuries are coincidental to the purpose of the
sport; the object of professional boxing is to inflict pain and
physical damage to the extent of rendering the opponent
senseless, defenseless, and unconscious;
(2) head blows and knockouts, which eventually result in
brain damage, are the most prevalent and direct means for a
professional boxer to attain victory;
(3) existing medical and safety controls are inadequate to
prevent chronic brain damage in professional boxers;
(4) the longer the boxing career of an individual, the
greater the likelihood of brain damage to the individual; and
(5) cumulative brain damage in professional boxers is not
usually identified until its later stages, when it is generally
considered irreversible.
(b) Purpose.--The purpose of this title is to make unlawful the
participation in or promotion of professional boxing in order to save
lives, protect the health of prospective professional boxers, and
prevent exploitation of prospective participants in professional
boxing.
SEC. 203. PROHIBITION OF PARTICIPATION IN OR PROMOTION OF PROFESSIONAL
BOXING.
(a) In General.--Chapter 89 of title 18, United States Code, is
amended by inserting after section 1821 the following new section:
``Sec. 1822. Participation in or promotion of professional boxing
``(a) Offense.--Whoever participates in a professional boxing match
in any capacity (including participation as a coach, fighter, judge,
physician, referee, or timekeeper) or promotes a professional boxing
match--
``(1) shall be fined not more than $10,000 or imprisoned
for not more than one year, or both; and
``(2) shall be required to forfeit any financial gain
realized or to be realized as a direct result of the
professional boxing match.
``(b) Definitions.--For purposes of this section:
``(1) Boxing.--The term `boxing' means the sport of
fighting with fists (with or without boxing gloves).
``(2) Professional boxing match.--The term `professional
boxing match' means a boxing match for which any financial gain
(including any salary, gift, prize, or paid expenses) is
received for participation in the boxing match. The term does
not include an amateur boxing match.
``(3) Promotes.--The term `promotes' means initiates,
directs, aids, or participates in organizing or financially
supporting.
``(c) Nonapplicability of Standard Fines.--Section 3571 shall not
apply to an offense under this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of chapter 89 of title 18, United States Code, is amended by inserting
after the item relating to section 1821 the following:
``1822. Participation in or promotion of professional boxing.''. | TABLE OF CONTENTS:
Title I: Congressional Advisory Commission on Amateur Boxing
Title II: Prohibition of Professional Boxing
Title I: Congressional Advisory Commission on Amateur Boxing
- Congressional Advisory Commission on Amateur Boxing Act of 1993 - Establishes the Congressional Advisory Commission on Amateur Boxing to conduct studies and make legislative recommendations to the Congress for the establishment of Federal standards for amateur boxing matches.
Requires the Commission to report to the Congress its findings and conclusions, together with any legislative recommendations concerning: (1) licensing requirements for boxers, promoters, physicians, and ring officials; (2) health and medical requirements for the examination of boxers; (3) safety and performance standards for equipment and facilities; (4) bonding requirements for promoters; (5) health, life, and accident insurance requirements for boxers; (6) training programs and standards for ring officials; (7) standards for ranking boxers; (8) a national data base of information on the health, background, and records of boxers; and (9) fines and penalties for violations of standards. Terminates the Commission 60 days after it submits the report. Authorizes appropriations.
Title II: Prohibition of Professional Boxing
- Federal Professional Boxing Prohibition Act of 1993 - Amends the Federal criminal code to make it a Federal offense to promote a boxing match or to participate in a professional boxing match in any capacity, including participation as a coach, fighter, judge, physician, referee, or timekeeper. Sets forth penalties for violation of this prohibition. | {"src": "billsum_train", "title": "To establish the Congressional Advisory Commission on Amateur Boxing and to amend title 18, United States Code, to prohibit the participation in and promotion of professional boxing."} | 2,775 | 346 | 0.62458 | 1.80632 | 0.779634 | 3.23 | 8.063333 | 0.91 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colonel Charles Young Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Colonel Charles Young was--
(A) a distinguished African-American officer in the
United States Army;
(B) the third African-American to graduate from
West Point;
(C) a commander of troops in combat in--
(i) the Spanish-American War; and
(ii) the Mexican Punitive Expedition
against Pancho Villa;
(D) the first Black United States military attache
to a foreign government; and
(E) the highest ranking Black Officer in the United
States Armed Forces at the outbreak of World War I.
(2) Charles Young was born in 1864 into slavery to Gabriel
Young and Arminta Bruen in Mays Lick, Kentucky, a small town
near Maysville.
(3) Following West Point, Young began his service with the
Ninth Cavalry in the American West. From 1889 to 1890 he served
at Fort Robinson, Nebraska, and from 1890 to 1894 at Fort
Duchesne, Utah.
(4) In 1894, Lieutenant Young was assigned to Wilberforce
College in Ohio, a historically black college (HBCU), to lead
the new military sciences department, established under a
special Federal grant.
(5) As the commander of an Army unit assigned to protect
and develop Sequoia National Park and General Grant National
Park in the State of California, Colonel Young is recognized as
the first African-American to be the Superintendent of a
National Park.
(6) During his 32 years of honorable military service,
Colonel Young proved to be a valuable asset in the field of
military intelligence.
(7) With the Army's founding of the Military Intelligence
Department, in 1904 it assigned Young as one of the first
military attaches, serving in Port-au-Prince, Haiti.
(8) In 1908 Young was sent to the Philippines to join his
Ninth Regiment and command a squadron of two troops. It was his
second tour there. After his return to the United States, he
served for 2 years at Fort D.A. Russell, Wyoming.
(9) In 1912 Young was assigned as the military attache to
Liberia, the first African-American to hold that post. For 3
years, he served as an expert adviser to the Liberian
government and also took a direct role, supervising
construction of the country's infrastructure.
(10) In 1912 Young published The Military Morale of Nations
and Races, a remarkably prescient study of the cultural sources
of military power.
(11) During the 1916 Punitive Expedition by the United
States into Mexico, then-Major Young commanded the 2nd squadron
of the 10th United States Cavalry. While leading a cavalry
pistol charge against Pancho Villa's forces at Agua Caliente,
he routed the opposing forces without losing a single man.
(12) Because of his exceptional leadership of the 10th
Cavalry in the Mexican theater of war, Young was promoted to
Lieutenant Colonel in September 1916. He was assigned as
commander of Fort Huachuca, the base in Arizona of the Tenth
Cavalry, nicknamed the ``Buffalo Soldiers'', until mid-1917. He
was the first African-American to achieve the rank of colonel
in the United States Army.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--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 Colonel Charles
Young, in recognition of his pioneering career in the United States
Army during exceptionally challenging times.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) National Afro-American Museum and Cultural Center.--
(1) In general.--Following the award of the gold medal
under subsection (a), the gold medal shall be given to the
National Afro-American Museum and Cultural Center in
Wilberforce, Ohio, where it shall be available for display as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the National Afro-American Museum and Cultural Center should
make the gold medal received under paragraph (1) available for
display or for loan as appropriate so that it may be displayed
elsewhere, particularly at other appropriate locations
associated with the life of Colonel Charles Young.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to 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. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for the
purposes of chapter 51 of title 31, United States Code. | Colonel Charles Young Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal to Colonel Charles Young in recognition of his pioneering U.S. Army career during exceptionally challenging times. Following its award, the medal shall be given to the National Afro-American Museum and Cultural Center in Wilberforce, Ohio. It is the sense of Congress that the National Afro-American Museum and Cultural Center should make the gold medal received available for display or loan so that it may be displayed elsewhere, particularly at other locations associated with Colonel Young's life. | {"src": "billsum_train", "title": "Colonel Charles Young Congressional Gold Medal Act"} | 1,164 | 145 | 0.470802 | 1.513553 | 0.562294 | 5.346154 | 8.253846 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brown Tree Snake Control and
Eradication Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Brown tree snake.--The term ``brown tree snake'' means the
species of the snake Boiga irregularis.
(2) Compact of free association.--The term ``Compact of Free
Association'' means the Compacts of Free Association entered into
between the United States and the governments of the Federated
States of Micronesia and the Republic of the Marshall Islands, as
approved by and contained in Public Law 108-188 (117 Stat. 2720; 48
U.S.C. 1921 et seq.), and the Compact of Free Association entered
into between the United States and the government of the Republic
of Palau, as approved by and contained in Public Law 99-658 (100
Stat. 3673; 48 U.S.C. 1931 et seq.).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands.
(4) Introduction.--The terms ``introduce'' and ``introduction''
refer to the expansion of the brown tree snake outside of the range
where this species is endemic.
(5) Secretary.--The term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to matters
under the jurisdiction of the Department of the Interior; and
(B) the Secretary of Agriculture, with respect to matters
under the jurisdiction of the Department of Agriculture.
(6) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(7) Technical working group.--The term ``Technical Working
Group'' means Brown Tree Snake Technical Working Group established
under the authority of section 1209 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4728).
(8) Territorial.--The term ``territorial'', when used to refer
to a government, means the Government of Guam, the Government of
American Samoa, and the Government of the Commonwealth of the
Northern Mariana Islands, as well as autonomous agencies and
instrumentalities of such a government.
(9) United states.--The term ``United States'', when used in
the geographic sense, means the several States, the District of
Colombia, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the United States
Virgin Islands, any other possession of the United States, and any
waters within the jurisdiction of the United States.
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND BETTER
COORDINATED FEDERAL POLICY FOR BROWN TREE SNAKE
INTRODUCTION, CONTROL, AND ERADICATION.
It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradication
of the brown tree snake on the part of the United States and other
interested parties.
SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH AND
ERADICATION.
(a) Funding Authority.--Subject to the availability of
appropriations to carry out this section, the Secretaries shall provide
funds to support brown tree snake control, interdiction, research, and
eradication efforts carried out by the Department of the Interior and
the Department of Agriculture, other Federal agencies, States,
territorial governments, local governments, and private sector
entities. Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries for
the transfer of Federal funds.
(b) Authorized Activities.--Brown tree snake control, interdiction,
research, and eradication efforts authorized by this section shall
include at a minimum the following:
(1) Expansion of science-based eradication and control programs
in Guam to reduce the undesirable impact of the brown tree snake in
Guam and reduce the risk of the introduction or spread of any brown
tree snake to areas in the United States and the Freely Associated
States in which the brown tree snake is not established.
(2) Expansion of interagency and intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern Mariana
Islands, Hawaii, and the Freely Associated States to assist the
governments of such areas with detecting the brown tree snake and
incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native wildlife
in Guam or elsewhere in the United States damaged by the brown tree
snake.
(4) Establishment and sustained funding for an Animal Plant and
Health Inspection Service, Wildlife Services, Operations Program
State Office located in Hawaii dedicated to vertebrate pest
management in Hawaii and United States Pacific territories and
possessions. Concurrently, the Animal Plant and Health Inspection
Service, Wildlife Services Operations Program shall establish and
sustain funding for a District Office in Guam dedicated to brown
tree snake control and managed by the Hawaii State Office.
(5) Continuation, expansion, and provision of sustained
research funding related to the brown tree snake, including
research conducted at institutions located in areas affected by the
brown tree snake.
(6) Continuation, expansion, and provision of sustained
research funding for the Animal Plant and Health Inspection
Service, Wildlife Services, National Wildlife Research Center of
the Department of Agriculture related to the brown tree snake,
including the establishment of a field station in Guam related to
the control and eradication of the brown tree snake.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the United
States Geological Survey related to the brown tree snake, including
the establishment of a field station in Guam related to the control
and eradication of the brown tree snake.
(8) Expansion of long-term research into chemical, biological,
and other control techniques that could lead to large-scale
reduction of brown tree snake populations in Guam or other areas
where the brown tree snake might become established.
(9) Expansion of short, medium, and long-term research, funded
by all Federal agencies interested in or affected by the brown tree
snake, into interdiction, detection, and early control of the brown
tree snake.
(10) Provision of planning assistance for the construction or
renovation of centralized multi-agency facilities in Guam to
support Federal, State, and territorial brown tree snake control,
interdiction, research and eradication efforts, including office
space, laboratory space, animal holding facilities, and snake
detector dog kennels.
(11) Provision of technical assistance to the Freely Associated
States on matters related to the brown tree snake through the
mechanisms contained within a Compact of Free Association dealing
with environmental, quarantine, economic, and human health issues.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section (other than
subsection (b)(10)) the following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, Operations, not more
than $2,600,000 for each of the fiscal years 2006 through 2010.
(2) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, National Wildlife
Research Center, Methods Development, not more than $1,500,000 for
each of the fiscal years 2006 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $3,000,000 for each of the fiscal years 2006
through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,000,000 for each of the fiscal years 2006
through 2010.
(5) For activities conducted through the United States
Geological Survey, Biological Resources, not more than $1,500,000
for each of the fiscal years 2006 through 2010.
(d) Planning Assistance.--There is authorized to be appropriated to
the Secretary of Agriculture and the Secretary of the Interior such
amounts as may be required to carry out subsection (b)(10).
SEC. 5. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO CONTROL THE
INTRODUCTION AND SPREAD OF THE BROWN TREE SNAKE.
(a) Establishment of Quarantine Protocols.--Not later than two
years after the date of the enactment of this Act, but subject to the
memorandum of agreement required by subsection (b) with respect to
Guam, the Secretaries shall establish and cause to be operated at
Federal expense a system of pre-departure quarantine protocols for
cargo and other items being shipped from Guam and any other United
States location where the brown tree snake may become established to
prevent the introduction or spread of the brown tree snake. The
Secretaries shall establish the quarantine protocols system by
regulation. Under the quarantine protocols system, Federal quarantine,
natural resource, conservation, and law enforcement officers and
inspectors may enforce State and territorial laws regarding the
transportation, possession, or introduction of any brown tree snake.
(b) Cooperation and Consultation.--The activities of the
Secretaries under subsection (a) shall be carried out in cooperation
with other Federal agencies and the appropriate State and territorial
quarantine, natural resource, conservation, and law enforcement
officers. In the case of Guam, as a precondition on the establishment
of the system of pre-departure quarantine protocols under such
subsection, the Secretaries shall enter into a memorandum of agreement
with the Government of Guam to obtain the assistance and cooperation of
the Government of Guam in establishing the system of pre-departure
quarantine protocols.
(c) Implementation.--The system of pre-departure quarantine
protocols to be established under subsection (a) shall not be
implemented until funds are specifically appropriated for that purpose.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the following amounts:
(1) To the Secretary of Agriculture, not more than $3,000,000
for each of the fiscal years 2006 through 2010.
(2) To the Secretary of the Interior, not more than $1,000,000
for each of the fiscal years 2006 through 2010.
SEC. 6. TREATMENT OF BROWN TREE SNAKES AS NONMAILABLE MATTER.
A brown tree snake constitutes nonmailable matter under section
3015 of title 39, United States Code.
SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING GROUP.
(a) Purpose.--The Technical Working Group shall ensure that
Federal, State, territorial, and local agency efforts concerning the
brown tree snake are coordinated, effective, complementary, and cost-
effective.
(b) Specific Duties and Activities.--The Technical Working Group
shall be responsible for the following:
(1) The evaluation of Federal, State, and territorial
activities, programs and policies that are likely to cause or
promote the introduction or spread of the brown tree snake in the
United States or the Freely Associated States and the preparation
of recommendations for governmental actions to minimize the risk of
introduction or further spread of the brown tree snake.
(2) The preparation of recommendations for activities,
programs, and policies to reduce and eventually eradicate the brown
tree snake in Guam or other areas within the United States where
the snake may be established and the monitoring of the
implementation of those activities, programs, and policies.
(3) Any revision of the Brown Tree Snake Control Plan,
originally published in June 1996, which was prepared to coordinate
Federal, State, territorial, and local government efforts to
control, interdict, eradicate or conduct research on the brown tree
snake.
(c) Reporting Requirement.--
(1) Report.--Subject to the availability of appropriations for
this purpose, the Technical Working Group shall prepare a report
describing--
(A) the progress made toward a large-scale population
reduction or eradication of the brown tree snake in Guam or
other sites that are infested by the brown tree snake;
(B) the interdiction and other activities required to
reduce the risk of introduction of the brown tree snake or
other nonindigenous snake species in Guam, the Commonwealth of
the Northern Mariana Islands, Hawaii, American Samoa, and the
Freely Associated States;
(C) the applied and basic research activities that will
lead to improved brown tree snake control, interdiction and
eradication efforts conducted by Federal, State, territorial,
and local governments; and
(D) the programs and activities for brown tree snake
control, interdiction, research and eradication that have been
funded, implemented, and planned by Federal, State,
territorial, and local governments.
(2) Priorities.--The Technical Working Group shall include in
the report a list of priorities, ranked in high, medium, and low
categories, of Federal, State, territorial, and local efforts and
programs in the following areas:
(A) Control.
(B) Interdiction.
(C) Research.
(D) Eradication.
(3) Assessments.--Technical Working Group shall include in the
report the following assessments:
(A) An assessment of current funding shortfalls and future
funding needs to support Federal, State, territorial, and local
government efforts to control, interdict, eradicate, or conduct
research on the brown tree snake.
(B) An assessment of regulatory limitations that hinder
Federal, State, territorial, and local government efforts to
control, interdict, eradicate or conduct research on the brown
tree snake.
(4) Submission.--Subject to the availability of appropriations
for this purpose, the Technical Working Group shall submit the
report to Congress not later than one year after the date of the
enactment of this Act.
(d) Meetings.--The Technical Working Group shall meet at least
annually.
(e) Inclusion of Guam.--The Secretaries shall ensure that adequate
representation is afforded to the government of Guam in the Technical
Working Group.
(f) Support.--To the maximum extent practicable, the Secretaries
shall make adequate resources available to the Technical Working Group
to ensure its efficient and effective operation. The Secretaries may
provide staff to assist the Technical Working Group in carrying out its
duties and functions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to each of the Secretaries not more than $450,000 for each
of the fiscal years 2006 through 2010 to carry out this section.
SEC. 8. MISCELLANEOUS MATTERS.
(a) Availability of Appropriated Funds.--Amounts appropriated under
this Act shall remain available until expended.
(b) Administrative Expenses.--Of the amounts appropriated to carry
out this Act for a fiscal year, the Secretaries may expend not more
than five percent to cover the administrative expenses necessary to
carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Brown Tree Snake Control and Eradication Act of 2004 - (Sec. 3) Expresses the sense of Congress that there is a need for better coordinated control, interdiction, research, and eradication of the brown tree snake.
(Sec. 4) Directs the Secretaries of the Interior and Agriculture to fund brown tree snake control, interdiction, research, and eradication efforts carried out by the Department of the Interior and the Department of Agriculture, other Federal agencies, States, territorial governments, local governments, and private sector entities. Includes among such activities: (1) expansion of eradication and control programs in Guam, including facilities construction; (2) expansion of interagency and intergovernmental rapid response teams in Guam, the Commonwealth of the Northern Mariana Islands, the Freely Associated States (Palau, Micronesia, Marshall islands), and Hawaii; (3) expansion of efforts to protect and restore native wildlife damaged by such snake; (4) research funding related to brown tree snakes; (5) research funding for the Fort Collins Science Center of the U.S. Geological Survey; and (6) related technical assistance to the Freely Associated States.
Authorizes related FY 2006 through 2010 appropriations for: (1) the Animal and Plant Health Inspection Service, Wildlife Services, Operations; (2) the Animal and Plant Health Inspection Service, Wildlife Services, National Wildlife Research Center, Methods Development; (3) the Office of Insular Affairs; (4) the Fish and Wildlife Service; (5) the United States Geological Survey, Biological Resources; and (6) planning assistance to each of the Secretaries.
(Sec. 5) Directs the Secretaries to establish quarantine protocols for baggage, cargo, and other items being shipped from Guam and other U.S. locations in order to prevent such snake's spread. Authorizes FY 2006 through 2010 appropriations.
(Sec. 6) Designates the brown tree snake as non-mailable matter.
(Sec. 7) States that the Brown Tree Snake Technical Working Group shall: (1) ensure coordinated brown tree snake efforts among Federal, State, territorial, and local agencies; (2) develop a list of control, research, interdiction, and eradication priorities; and (3) report to Congress. Authorizes FY 2006 through 2010 appropriations.
(Sec. 8) Limits administrative expenditures to not more than five percent of fiscal year appropriations. | {"src": "billsum_train", "title": "To provide for the control and eradication of the brown tree snake on the island of Guam and the prevention of the introduction of the brown tree snake to other areas of the United States, and for other purposes."} | 3,236 | 512 | 0.627178 | 1.994077 | 0.700445 | 4.598253 | 6.447598 | 0.943231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Security Personnel
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Airport security screener.--The term ``airport security
screener'' means an individual who is employed to perform
security screening services at an airport in the United States.
(2) Lawful permanent resident alien.--The term ``lawful
permanent resident alien'' means an alien lawfully admitted for
permanent residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
(3) Qualified lawful permanent resident alien defined.--The
term ``qualified lawful permanent resident alien'' means an
alien with respect to whom a certification has been made by the
Under Secretary of Transportation for Security under section
111(e)(1)(B) of the Aviation and Transportation Security Act
(Public Law 107-71), as added by section 3 of this Act.
SEC. 3. TRANSITIONAL EMPLOYMENT ELIGIBILITY FOR QUALIFIED LAWFUL
PERMANENT RESIDENT AIRPORT SECURITY SCREENERS.
(a) In General.--Section 111 of the Aviation and Transportation
Security Act (Public Law 107-71) is amended by adding at the end the
following:
``(e) Special Transition Rule for Qualified Lawful Permanent
Resident Aliens.--
``(1) In general.--Notwithstanding any rule or regulation
promulgated to implement the citizenship requirement in section
44935(e)(2)(A)(ii) of title 49, United States Code, as amended
by subsection (a), or any other provision of law prohibiting
the employment of aliens by the Federal Government, an alien
shall be eligible for hiring or continued employment as an
airport security screener until the naturalization process for
such alien is completed, if--
``(A) the Attorney General makes the certification
described in paragraph (2) to the Under Secretary of
Transportation for Security with respect to the alien;
and
``(B) the Under Secretary of Transportation for
Security makes the certification described in paragraph
(3) to the Attorney General with respect to such alien.
``(2) Certification by the attorney general.--A
certification under this paragraph is a certification by the
Attorney General, upon the request of the Under Secretary of
Transportation for Security, with respect to an alien described
in paragraph (1) that--
``(A) the alien is a lawful permanent resident
alien (as defined in section 2 of the Airport Security
Personnel Protection Act); and
``(B)(i) an application for naturalization has been
approved, and the alien is awaiting the holding of a
ceremony for the administration of the oath of
renunciation and allegiance, as required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448);
``(ii) an application for naturalization filed by
the alien prior to the date of enactment of this Act is
pending before the Immigration and Naturalization
Service but has not been finally adjudicated; or
``(iii) the alien--
``(I) satisfies, or will satisfy within one
year of the date of certification if the alien
remains in the United States, the residence
requirements applicable to the alien in the
Immigration and Nationality Act, or any other
Act that are necessary for eligibility for
naturalization; and
``(II) not more than 180 days after the
date of enactment of the Airport Security
Personnel Protection Act, filed under section
334(f) of the Immigration and Nationality Act
an application for a declaration of intention
to become a United States citizen.
``(3) Certification by the under secretary of
transportation.--A certification under this paragraph is a
certification by the Under Secretary of Transportation for
Security with respect to an alien described in paragraph (1)
that--
``(A) the Under Secretary has decided to hire or
continue the employment of such alien; and
``(B) the alien--
``(i) meets the qualifications to be a
security screener under section 44935(f);
``(ii) was employed as an airport security
screener as of the date of enactment of this
Act, as determined by the Under Secretary of
Transportation for Security; and
``(iii) has undergone and successfully
completed an employment investigation
(including a criminal history record check)
required by section 44935(e)(2)(B) of such
title, as amended by subsection (a).''.
(b) Effective Date.--The amendment made by subsection (a) shall be
deemed effective as if included in the enactment of the Aviation and
Transportation Security Act.
SEC. 4. EXPEDITED NATURALIZATION FOR QUALIFIED LAWFUL PERMANENT
RESIDENT AIRPORT SECURITY SCREENERS.
(a) Requirement.--
(1) In general.--For the purpose of enabling qualified
lawful permanent resident aliens to satisfy in a timely manner
the citizenship requirement in section 44935(e)(2)(A)(ii) of
title 49, United States Code, the Attorney General shall
expedite--
(A) the processing and adjudication of an
application for naturalization filed by any qualified
lawful permanent resident alien who was employed as an
airport security screener as of the date of enactment
of the Aviation and Transportation Security Act (Public
Law 107-71); and
(B) if such application for naturalization is
approved, the holding of a ceremony for administration
of the oath of renunciation and allegiance to such
qualified lawful permanent resident alien, as required
by section 337 of the Immigration and Nationality Act
(8 U.S.C. 1448).
(b) Deadlines for Completed Action.--The Attorney General shall
complete the actions described in subsection (a)--
(1) not later than 30 days after the date of enactment of
this Act, in the case of a qualified lawful permanent resident
alien with respect to whom an application for naturalization is
approved but such alien is awaiting the holding of a ceremony
for the administration of the oath of renunciation and
allegiance, as required by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448);
(2) not later than 180 days after the date of enactment of
this Act, in the case of a qualified lawful permanent resident
alien with respect to whom an application for naturalization
was pending on the date of enactment of this Act; and
(3) not later than 180 days after the date on which an
application for naturalization is received by the Attorney
General, in the case of a qualified lawful permanent resident
alien with respect to whom an application for naturalization is
filed after the date of enactment of this Act.
(c) Statutory Construction.--Nothing in this section may be
construed to lower the standards of qualification set forth in title
III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) that
applicants for naturalization must meet in order to become naturalized
citizens of the United States. | Airport Security Personnel Protection Act - Amends the Aviation and Transportation Security Act to establish a special rule granting transitional employment eligibility, upon a specified certification by the Attorney General, to qualified lawful permanent resident alien airport security screeners until their naturalization process is completed.Directs the Attorney General to expedite the naturalization process for such screeners. | {"src": "billsum_train", "title": "To provide for transitional employment eligibility for qualified lawful permanent resident alien airport security screeners until their naturalization process is completed, and to expedite that process."} | 1,602 | 78 | 0.624122 | 1.41788 | 1.232926 | 2.688525 | 22.57377 | 0.885246 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Longline Catcher Processor Subsector
Single Fishery Cooperative Act''.
SEC. 2. AUTHORITY TO APPROVE AND IMPLEMENT A SINGLE FISHERY COOPERATIVE
FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR IN THE BSAI.
(a) In General.--Upon the request of eligible members of the
longline catcher processor subsector holding at least 80 percent of the
licenses issued for that subsector, the Secretary is authorized to
approve a single fishery cooperative for the longline catcher processor
subsector in the BSAI.
(b) Limitation.--A single fishery cooperative approved under this
section shall include a limitation prohibiting any eligible member from
harvesting a total of more than 20 percent of the Pacific cod available
to be harvested in the longline catcher processor subsector, the
violation of which is subject to the penalties, sanctions, and
forfeitures under section 308 of the Magnuson-Stevens Act (16 U.S.C.
1858), except that such limitation shall not apply to harvest amounts
from quota assigned explicitly to a CDQ group as part of a CDQ
allocation to an entity established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)).
(c) Contract Submission and Review.--The longline catcher processor
subsector shall submit to the Secretary--
(1) not later than November 1 of each year, a contract to
implement a single fishery cooperative approved under this
section for the following calendar year; and
(2) not later than 60 days prior to the commencement of
fishing under the single fishery cooperative, any interim
modifications to the contract submitted under paragraph (1).
(d) Department of Justice Review.--Not later than November 1 before
the first year of fishing under a single fishery cooperative approved
under this section, the longline catcher processor sector shall submit
to the Secretary a copy of a letter from a party to the contract under
subsection (c)(1) requesting a business review letter from the Attorney
General and any response to such request.
(e) Implementation.--The Secretary shall implement a single fishery
cooperative approved under this section not later than 2 years after
receiving a request under subsection (a).
(f) Status Quo Fishery.--If the longline catcher processor
subsector does not submit a contract to the Secretary under subsection
(c) then the longline catcher processor subsector in the BSAI shall
operate as a limited access fishery for the following year subject to
the license limitation program in effect for the longline catcher
processor subsector on the date of enactment of this Act or any
subsequent modifications to the license limitation program recommended
by the Council and approved by the Secretary.
SEC. 3. HARVEST AND PROHIBITED SPECIES ALLOCATIONS TO A SINGLE FISHERY
COOPERATIVE FOR THE LONGLINE CATCHER PROCESSOR SUBSECTOR
IN THE BSAI.
A single fishery cooperative approved under section 2 may, on an
annual basis, collectively--
(1) harvest the total amount of BSAI Pacific cod total
allowable catch, less any amount allocated to the longline
catcher processor subsector non-cooperative limited access
fishery;
(2) utilize the total amount of BSAI Pacific cod prohibited
species catch allocation, less any amount allocated to a
longline catcher processor subsector non-cooperative limited
access fishery; and
(3) harvest any reallocation of Pacific cod to the longline
catcher processor subsector during a fishing year by the
Secretary.
SEC. 4. LONGLINE CATCHER PROCESSOR SUBSECTOR NON-COOPERATIVE LIMITED
ACCESS FISHERY.
(a) In General.--An eligible member that elects not to participate
in a single fishery cooperative approved under section 2 shall operate
in a non-cooperative limited access fishery subject to the license
limitation program in effect for the longline catcher processor
subsector on the date of enactment of this Act or any subsequent
modifications to the license limitation program recommended by the
Council and approved by the Secretary.
(b) Harvest and Prohibited Species Allocations.--Eligible members
operating in a non-cooperative limited access fishery under this
section may collectively--
(1) harvest the percentage of BSAI Pacific cod total
allowable catch equal to the combined average percentage of the
BSAI Pacific cod harvest allocated to the longline catcher
processor sector and retained by the vessel or vessels
designated on the eligible members license limitation program
license or licenses for 2006, 2007, and 2008, according to the
catch accounting system data used to establish total catch; and
(2) utilize the percentage of BSAI Pacific cod prohibited
species catch allocation equal to the percentage calculated
under paragraph (1).
SEC. 5. AUTHORITY OF THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL.
(a) In General.--Nothing in this Act shall supersede the authority
of the Council to recommend for approval by the Secretary such
conservation and management measures, in accordance with the Magnuson-
Stevens Act (16 U.S.C. 1801 et seq.) as it considers necessary to
ensure that this Act does not diminish the effectiveness of fishery
management in the BSAI or the Gulf of Alaska Pacific cod fishery.
(b) Limitations.--
(1) Notwithstanding the authority provided to the Council
under this section, the Council is prohibited from altering or
otherwise modifying--
(A) the methodology established under section 3 for
allocating the BSAI Pacific cod total allowable catch
and BSAI Pacific cod prohibited species catch
allocation to a single fishery cooperative approved
under this Act; or
(B) the methodology established under section 4 of
this Act for allocating the BSAI Pacific cod total
allowable catch and BSAI Pacific cod prohibited species
catch allocation to the non-cooperative limited access
fishery.
(2) No sooner than 7 years after approval of a single
fisheries cooperative under section 2 of this Act, the Council
may modify the harvest limitation established under section
2(b) if such modification does not negatively impact any
eligible member of the longline catcher processor subsector.
(c) Protections for the Gulf of Alaska Pacific Cod Fishery.--The
Council may recommend for approval by the Secretary such harvest
limitations of Pacific cod by the longline catcher processor subsector
in the Western Gulf of Alaska and the Central Gulf of Alaska as may be
necessary to protect coastal communities and other Gulf of Alaska
participants from potential competitive advantages provided to the
longline catcher processor subsector by this Act.
SEC. 6. RELATIONSHIP TO THE MAGNUSON-STEVENS ACT.
(a) In General.--Consistent with section 301(a) of the Magnuson-
Stevens Act (16 U.S.C. 1851(a)), a single fishery cooperative approved
under section 2 of this Act is intended to enhance conservation and
sustainable fishery management, reduce and minimize bycatch, promote
social and economic benefits, and improve the vessel safety of the
longline catcher processor subsector in the BSAI.
(b) Transition Rule.--A single fishery cooperative approved under
section 2 of this Act is deemed to meet the requirements of section
303A(i) of the Magnuson-Stevens Act (16 U.S.C. 1853a(i)) as if it had
been approved by the Secretary within 6 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006, unless the Secretary makes a
determination, within 30 days after the date of enactment of this Act,
that application of section 303A(i) of the Magnuson-Stevens Act to the
cooperative approved under section 2 of this Act would be inconsistent
with the purposes for which section 303A was added to the Magnuson-
Stevens Act.
(c) Cost Recovery.--Consistent with section 304(d)(2) of the
Magnuson-Stevens Act (16 U.S.C. 1854(d)(2)), the Secretary is
authorized to recover reasonable costs to administer a single fishery
cooperative approved under section 2 of this Act.
SEC. 7. COMMUNITY DEVELOPMENT QUOTA PROGRAM.
Nothing in this Act shall affect the western Alaska community
development program established by section 305(i) of the Magnuson-
Stevens Act (16 U.S.C. 1855(i)), including the allocation of fishery
resources in the directed Pacific cod fishery.
SEC. 8. DEFINITIONS.
In this Act:
(1) BSAI.--The term ``BSAI'' has the meaning given that
term in section 219(a)(2) of the Department of Commerce and
Related Agencies Appropriations Act, 2005 (Public Law 108-447;
118 Stat. 2886).
(2) BSAI pacific cod total allowable catch.--The term
``BSAI Pacific cod total allowable catch'' means the Pacific
cod total allowable catch for the directed longline catcher
processor subsector in the BSAI as established on an annual
basis by the Council and approved by the Secretary.
(3) BSAI pacific cod prohibited species catch allocation.--
The term ``BSAI Pacific cod prohibited species catch
allocation'' means the prohibited species catch allocation for
the directed longline catcher processor subsector in the BSAI
as established on an annual basis by the Council and approved
by the Secretary.
(4) Council.--The term ``Council'' means the North Pacific
Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G)).
(5) Eligible member.--The term ``eligible member'' means a
holder of a license limitation program license, or licenses,
eligible to participate in the longline catcher processor
subsector.
(6) Gulf of alaska.--The term ``Gulf of Alaska'' means that
portion of the Exclusive Economic Zone contained in Statistical
Areas 610, 620, and 630.
(7) Longline catcher processor subsector.--The term
``longline catcher processor subsector'' has the meaning given
that term in section 219(a)(6) of the Department of Commerce
and Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 2886).
(8) Magnuson-stevens act.--The term ``Magnuson-Stevens
Act'' means the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Longline Catcher Processor Subsector Single Fishery Cooperative Act - Authorizes the Secretary of Commerce, upon the request of eligible members of the longline catcher processor subsector holding at least 80 percent of the licenses issued for that subsector, to approve a single fishery cooperative for the longline catcher processor subsector in the Bering Sea and Aleutian Islands Management Area (BSAI).
Requires an approved cooperative to include a limitation prohibiting any eligible member from harvesting a total of more than 20% of the Pacific cod available to be harvested in the longline catcher processor subsector, the violation of which is subject to the penalties under section the Magnuson-Stevens Act. Excepts from such limitation harvest amounts from quota assigned explicitly to a western Alaska community development quota group.
Provides procedures for the submission of a contract by the longline catcher processor subsector to implement the single fishery cooperative and Department of Justice review.
Sets forth BSAI Pacific cod harvest and prohibited species allocations for a single fishery cooperative approved under this Act and eligible members that operate in a non-cooperative limited access fishery.
Authorizes the North Pacific Fishery Management Council to recommend for approval by the Secretary harvest limitations of Pacific cod by the longline catcher processor subsector in the Western Gulf of Alaska and the Central Gulf of Alaska necessary to protect coastal communities and other Gulf of Alaska participants from potential competitive advantages provided by this Act to the longline catcher processor subsector. | {"src": "billsum_train", "title": "To authorize a single fisheries cooperative for the Bering Sea Aleutian Islands longline catcher processor subsector, and for other purposes."} | 2,478 | 341 | 0.74213 | 2.386282 | 0.975562 | 5.787072 | 7.456274 | 0.942966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dual Degree Achievement Act''.
SEC. 2. DUAL DEGREE ACHIEVEMENT.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1000 et
seq.) is amended--
(1) by redesignating part F as part G;
(2) by inserting immediately after part E a new Part F to
read as follows:
``PART F--DUAL DEGREE ACHIEVEMENT
``SEC. 371. FINDINGS; PURPOSE.
``(a) Findings.--For the reasons set forth in sections 301, 321,
341, 350, and 501 of this Act, the Federal Government--
``(1) has a unique relationship with, and a substantial
investment in, the institutions that receive grants under this
title and title V of this Act; and
``(2) should continue to seek new and even more effective
ways to improve and strengthen those institutions.
``(b) Purpose.--It is the purpose of this part to--
``(1) strengthen curricula and enhance student
opportunities at minority-serving institutions;
``(2) increase postgraduate access and persistence for
students who attend such institutions; and
``(3) increase diversity within scientific, technical, and
other professions requiring baccalaureate and post-
baccalaureate study.
``SEC. 372. PROGRAM AUTHORITY.
``(a) In General.--
(1) From funds appropriated under section 399(a)(6), the
Secretary shall make grants to eligible partnerships under
subsection (b) to carry out the activities described in section
373.
``(2) Each grant awarded under this part shall be for a
five-year period.
``(b) Eligibility.--
(1) For purposes of this part, an eligible partnership
shall include--
``(A) one or more minority-serving institutions
that award baccalaureate degrees; and
``(B) one or more partner institutions.
``(2) Other public and private entities, including
minority-serving institutions that do not award baccalaureate
degrees (such as community colleges), community based
organizations, and businesses, may be included in partnerships
under this section.
``(c) Definitions.--For purposes of this part--
``(1) a `minority-serving institution' means an institution
that is eligible to apply for assistance under sections 316 or
317, under part B of this title, or under title V of this Act;
and
``(2) a `partner institution' means an institution of
higher education that offers a baccalaureate or post-
baccalaureate degree not awarded by the minority-serving
institutions with which it is partnered.
``(d) Application Requirements.--In addition to the application
requirements under section 391, an eligible partnership under
subsection (b)(1) shall include in its application--
``(1) the name of each partner and a description of its
responsibilities as a member of the partnership;
``(2) a copy of the partnership agreement, including any
articulation agreement between the partners;
``(3) a description of--
``(A) the academic fields of study to be covered by
the project and the degrees to be awarded by the
partners;
``(B) how the project will operate, including a
description of how the project will build on existing
services and activities, if any, and be coordinated
with other related Federal and non-Federal programs;
``(C) the need for the project, including, if the
project is to cover academic fields of study that have
not otherwise been published by the Secretary under
subsection (f), a demonstration of how those fields of
study are associated with professions in which students
who attend minority serving institutions are
underrepresented;
``(D) the resources that each member of the
partnership will contribute to the partnership; and
``(E) how the partnership will support and continue
its program under this part after the grant has
expired; and
``(4) assurances that--
``(A) each member of a partnership will designate
an individual at that institution to serve as the
primary point of contact for the partnership at that
institution;
``(B) each participating student--
``(i) is enrolled in an academic program
that leads to a five year baccalaureate or
post-baccalaureate degree not awarded by the
minority-serving institution;
``(ii) who successfully completes the
program will be awarded a baccalaureate degree
from the minority-serving institution and a
baccalaureate degree or a master's degree from
the partner institution that the student
attends;
``(iii) at each minority-serving
institution will be informed of, and have
access to, the instruction and rigorous
academic courses necessary to obtain dual
degrees and enter into their chosen field; and
``(iv) will maintain satisfactory academic
progress while in the program;
``(C) a minority-serving institution under section
372(b)(1)(A) will be the fiscal agent for the
partnership; and
``(D) each institution will use the funds made
available under this part only to supplement, and not
supplant, assistance that otherwise would be provided
to participating students.
``(e) Publication of Study Fields.--Each year, the Secretary shall
publish in the Federal Register a list of baccalaureate and post-
baccalaureate degree fields of study that are associated with
professions in which students attending minority-serving institutions
are underrepresented.
``SEC. 373. USES OF FUNDS.
``(a) In General.--Grants awarded under this part shall be used
for--
``(1) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service which facilitates the
transition of minority students from the minority-serving
institution to the partner institution;
``(2) scholarships to students in their 4th and 5th years
in the program;
``(3) reimbursement to minority-serving institutions for
the amount of tuition that they would have received had
participating students attended those institutions during their
4th year of the program instead of the partner institution; and
``(4) academic program enhancements at the minority-serving
institution which result in increasing the quality of the
program offered and the quantity of student participants in the
dual degree program offered.
``(b) Scholarships.--
``(1) Scholarships awarded under this section shall reflect
any additional amount of tuition and fees charged the
participating student by the partner institution compared to
the amount of tuition and fees charged the student by the
minority-serving institution during the student's 3rd year in
the program.
``(2) Scholarships awarded under this section shall not be
considered for the purposes of awarding Federal Pell Grants
under subpart 1 of part A of title IV, except that in no case
shall the total amount of student financial assistance awarded
to a student under this section and title IV exceed the
student's cost of attendance, as defined in section 472.
``(c) Special Rule.--A majority of the funds received under this
program part shall be expended for scholarships to assist minority
students in acquiring degrees from the minority-serving institution and
the partner institution and reimbursement to minority-serving
institutions pursuant to subsection (a)(3).''; and
(3) in part G, as redesignated by paragraph (1)--
(A) in section 391(b)(1), by striking out ``part C,
D, or E'' and inserting in lieu thereof ``part C, D, E,
or F''; and
(B) in section 399(a), by adding a new paragraph
(6) to read as follows:
``(6) Part f.--There are authorized to be appropriated
$40,000,000 to carry out part F for fiscal year 2001 and such
sums as may be necessary for each of the 2 succeeding fiscal
years.''.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect on the date of its enactment. | Directs the Secretary of Education to make five-year grants to eligible partnerships to carry out the program activities. Requires such partnerships to include one or more MSIs that award baccalaureate degrees and one or more partner IHEs that offer baccalaureate or post-baccalaureate degrees not awarded by the MSIs with which they are partnered. Allows such partnerships also to include other public and private entities, including MSIs (such as community colleges) that do not award baccalaureate degrees, community-based organizations, and businesses. Sets forth application requirements, including assurances that each participating student: (1) is enrolled in an academic program that leads to a five-year baccalaureate or post-baccalaureate degree not awarded by the MSI; and (2) upon successful completion of the program, will be awarded a baccalaureate degree from the MSI and a baccalaureate degree or a master's degree from the partner IHE that the student attends. Directs the Secretary to publish an annual list of baccalaureate and post-baccalaureate degree fields of study associated with professions in which students attending MSIs are underrepresented.
Requires grants to be used for: (1) support services for participating students, including tutoring, mentoring, academic and personal counseling, and transition services; (2) scholarships to students in their fourth and fifth years in the program; (3) reimbursement to MSIs for the amount of tuition that they would have received had participating students attended those MSIs during their fourth year of the program instead of the partner IHE; and (4) academic program enhancements at the MSI that increase program quality and the number of student participants in the dual degree program. Requires that such scholarships: (1) reflect any additional amount of tuition and fees charged the participating student by the partner IHE compared to that charged by the MSI during the student's third year in the program; and (2) not be considered for the purposes of awarding Federal Pell Grants. Requires a majority of funds received under this program to be expended for such scholarships to students and such reimbursement to MSIs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Dual Degree Achievement Act"} | 1,796 | 487 | 0.516065 | 1.666264 | 0.859596 | 3.681934 | 4.290076 | 0.908397 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Readiness Disclosure
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Thousands of computer systems, software programs, and
semiconductors are not capable of recognizing certain dates in
1999 and after December 31, 1999, and will read dates in the
Year 2000 and thereafter as if they represent the year 1900 or
thereafter or will fail to process such dates. This problem and
resulting system failures could incapacitate systems that are
essential to the functioning of markets, commerce, consumer
products, utilities, government, and safety systems in the
United States and throughout the world. Reprogramming or
replacing affected systems before this problem incapacitates
essential systems is a matter of national and global interest.
(2) The prompt, candid, and thorough disclosure and
exchange of information related to Year 2000 readiness of
entities, products, and services would greatly enhance the
ability of public and private entities to improve their Year
2000 readiness and, thus, is a matter of national importance
and a vital factor in minimizing disruption to the nation's
economic well-being and security.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of Year 2000
compliance information is impeding the disclosure and exchange
of such information.
(4) The capability to freely disseminate and exchange
information relating to Year 2000 readiness with the public and
with other companies without undue concern about litigation is
critical to the ability of public and private entities to
address Year 2000 needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the disclosure and exchange of
Year 2000 readiness information that will promote disclosures
and exchanges of such information in a timely fashion.
(b) Purposes.--Based upon the powers contained in article I,
section 8, clause 3 of the United States Constitution, the purposes of
this Act are to promote the free disclosure and exchange of information
related to Year 2000 readiness and to lessen burdens on interstate
commerce by establishing certain uniform legal principles in connection
with the disclosure and exchange of information related to Year 2000
readiness.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Year 2000 statement.--The term ``Year 2000 statement''
means any statement--
(A) concerning an assessment, projection, or
estimate concerning Year 2000 processing capabilities
of any entity, product, or service, or a set of
products or services;
(B) concerning plans, objectives, or timetables for
implementing or verifying the Year 2000 processing
capabilities of an entity, a product, or service, or a
set of products or services;
(C) concerning test plans, test dates, test
results, or operational problems or solutions related
to Year 2000 processing by--
(i) products;
(ii) services that incorporate or utilize
products;
(D) attesting to, opining on, reviewing, or
otherwise commenting on, a Statement constituting a
Year 2000 Statement; or
(E) otherwise directly or indirectly relating to
Year 2000 processing capabilities.
(2) Year 2000 readiness disclosure.--The term ``Year 2000
Readiness Disclosure'' means any statement identified on its
face as a ``Year 2000 Readiness Disclosure''.
(3) Disclosure.--The term ``Disclosure'' means a Year 2000
Readiness Disclosure.
(4) Statement.--The term ``Statement'' means any Statement,
communication, or other conveyance of information by one party
to another or to the public, in any form or medium whatsoever,
excluding, for the purposes of actions brought by the
Securities and Exchange Commission or the United States under
the securities laws, as that term is defined in section
3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(47)), documents or materials filed with the Securities
and Exchange Commission or with Federal banking regulators
pursuant to section 12(i) of the Securities Exchange Act of
1934 (15 U.S.C. 78l(i)).
(5) Year 2000 processing.--The term ``Year 2000
processing'' means the processing (including calculating,
comparing, sequencing, displaying, or storing), transmitting,
or receiving of date or date/time data during, from, into, and
between the twentieth and twenty-first centuries, and the years
1999 and 2000, and leap year calculations.
(6) Year 2000 internet website.--The term ``Year 2000
Internet Website'' means an Internet website or other similar
electronically accessible service, designated on the website or
service by the person creating or controlling the website or
service as an area where Year 2000 Readiness Disclosures and
other information about the Year 2000 processing capabilities
of an entity, a product, service, or a set of products or
services, are posted or otherwise made accessible to the
general public.
(7) Covered action.--The term ``covered action'' means any
civil action of any kind, whether arising under Federal or
State law, except for any civil action arising under Federal or
State law brought by a Federal, State, or other public entity,
agency, or authority acting in a regulatory, supervisory, or
enforcement capacity.
(8) Republication.--The term ``republication'' means any
repetition of a Statement originally made by another.
(9) Consumer.--The term ``consumer'' means a natural person
who buys a consumer product other than for purposes of resale.
(10) Consumer product.--The term ``consumer product'' means
any personal property which is normally used for personal,
family, or household purposes.
(11) Maker.--The term ``maker'' means any person or entity
that--
(A) makes, develops, publishes, transmits, or
distributes;
(B) assists, contributes to, or otherwise takes
part in, making, publishing, transmitting or
distributing; or
(C) attests to, opines on, reviews, or otherwise
comments on any Disclosure.
SEC. 4. PROTECTION FOR YEAR 2000 READINESS DISCLOSURES.
(a) In General.--In any covered action--
(1) no Year 2000 Readiness Disclosure or any portion
thereof shall be admissible unless the proponent of
admissibility of the Disclosure establishes, in addition to all
other applicable requirements of admissibility, that the
Disclosure was material, and--
(A) that the Disclosure was made with--
(i) knowledge that the Disclosure was false
or misleading; and
(ii) an intent to deceive; or
(B) where the Disclosure was or included a
republication regarding a third party, that--
(i) the republication was made without a
disclosure by the maker that the Disclosure is
based on a republication; and
(ii) the maker has not verified the
original Statement; and
(2) to the extent such action is based on an allegedly
false, inaccurate, or misleading Year 2000 Statement, the maker
of any such Statement shall not be liable under Federal or
State law with respect thereto unless the claimant establishes,
in addition to all other requisite elements of the applicable
action, that the Statement was material, and--
(A) that the Statement was made with--
(i) knowledge that the Statement was false
or misleading; and
(ii) an intent to deceive; or
(B) where the Statement was or included a
republication regarding a third party, that--
(i) the Statement was made without a
disclosure by the maker that the Statement is
based on a republication; and
(ii) the maker has not verified the
original Statement; and
(b) Year 2000 Internet Website.--In any covered action in which the
adequacy of notice about Year 2000 processing is at issue, and except
as provided by contract, the posting of a notice by the entity
purporting to have provided such notice on that entity's Year 2000
Internet Website shall be presumed to be an adequate mechanism for
providing such notice. Nothing in this subsection (b) shall--
(1) alter or amend any Federal or State statute or
regulation requiring that notice about Year 2000 processing be
provided using a different mechanism;
(2) create a duty to provide notice about Year 2000
processing;
(3) preclude or suggest the use of any other medium for
notice about Year 2000 processing or require the use of an
Internet Website; or
(4) mandate the content or timing of any notices about Year
2000 processing.
(c) Limitation on Effect of Year 2000 Readiness Disclosures.--In
any covered action, no Year 2000 Readiness Disclosure shall be
interpreted or construed as an amendment to, or alteration of, a
written contract or written warranty, whether entered into by a public
or private party. This subsection shall not apply--
(1) to the extent the party whose Statement is alleged to
have amended or altered a contract or warranty has otherwise
agreed in writing to so alter or amend the written contract or written
warranty;
(2) to Year 2000 Readiness Disclosures expressed in a
writing that constitutes the written contract or written
warranty; or
(3) where the contract or warranty specifically provides
for its amendment or alteration through the making of a Year
2000 Readiness Disclosure.
(d) Special Data Gathering.--A Federal entity, agency, or authority
may expressly designate requests for the voluntary provision of
information relating to Year 2000 processing (including Year 2000
Readiness Disclosures) as ``Special Year 2000 Data Gathering Requests''
made pursuant to this subsection. Information provided in response to
such requests shall be prohibited from disclosure to any third party,
including disclosure under section 552 of title 5, United States Code,
and may not be used, directly or indirectly, in any civil action
arising under any Federal or State law. Nothing in this subsection
precludes a Federal entity, agency, or authority from separately
obtaining the information submitted in response to this subsection
through the use of independent legal authorities and using such
separately obtained information in any action.
SEC. 5. EXCLUSIONS.
(a) Effect on Information Disclosure.--This Act does not affect,
abrogate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, the authority of a Federal or State entity,
agency, or authority to enforce a requirement to provide, disclose, or
not to disclose, information under a Federal or State statute or
regulation or to enforce such statute or regulation.
(b) Contracts and Other Claims.--Except as may be otherwise
provided in this Act, this Act does not affect, abrogate, amend, or
alter, and shall not be construed to affect, abrogate, amend, or alter,
any right by written contract between the plaintiff and the defendant,
under any Federal or State law, or affect Statements made directly to a
consumer in a writing that constitutes a written contract for the sale
of a consumer product by the seller or manufacturer of the consumer
product.
(c) Duty or Standard of Care.--This Act shall not be deemed to
impose upon the maker of any Year 2000 Readiness Disclosure any
increased obligation, duty, or standard of care than is otherwise
applicable under Federal or State law. This Act does not preclude any
party from making or providing any additional disclaimer or like
provisions in connection with any Year 2000 Readiness Disclosure.
(d) Intellectual Property Rights.--This Act does not affect,
abrogate, amend, or alter, and shall not be construed to affect,
abrogate, amend, or alter, any right in a patent, copyright, trademark,
trade name, or service mark, under any Federal or State law.
(e) Injunctive Relief.--Nothing in this Act shall be deemed to
preclude a claimant from seeking temporary or permanent injunctive
relief with respect to a Year 2000 Readiness Disclosure, subject to the
limitations on admissibility imposed by this Act.
SEC. 6. APPLICABILITY.
This Act shall apply to any Year 2000 Readiness Disclosure made on
or after January 1, 1998, through December 31, 2001.
SEC. 7. PRIOR WRITTEN DISCLOSURES.
Written disclosures regarding Year 2000 readiness made prior to the
effective date of this Act and after January 1, 1998, that would
otherwise satisfy the requirements of subsection 3(1), may be
denominated a Year 2000 Readiness Disclosure if so denominated by a
notification within 90 days of the enactment of the Act. Notification
may include posting on a Year 2000 Website as defined in subsection
3(6). | Year 2000 Readiness Disclosure Act - Provides that, in any civil action arising under Federal or State law, no Year 2000 Readiness Disclosure (a statement concerning Year 2000 computer compliance information) (Y2K problem) shall be admissible unless the proponent of admissibility establishes that the Disclosure was material and: (1) the Disclosure was made with knowledge of its being false and misleading and with an intent to deceive; or (2) where the Disclosure was a republication of a third party, the republication was made without a disclosure by the maker that the Disclosure is based on a republication and that the maker has not verified the original statement. Provides similar requirements for an action based on an allegedly false, inaccurate, or misleading Year 2000 statement. Provides that, in any covered action in which the adequacy of notice about Year 2000 processing is at issue, and except as provided by contract, the posting of notice by the entity purporting to have provided such notice on that entity's Year 2000 Internet Website shall be presumed to be an adequate mechanism for providing such notice.
Prohibits in any covered action a Year 2000 Disclosure from being interpreted or construed as an amendment to or alteration of a written contract or warranty, whether entered into by a public or private party (with exceptions).
Authorizes a Federal entity, agency, or authority to expressly designate requests for the voluntary provision of information relating to Year 2000 processing as "Special Year 2000 Data Gathering Requests," thereby protecting information received from such requests from: (1) disclosure to any third party, including disclosure under the Freedom of Information Act; and (2) use in any civil action arising under any Federal or State law (with an exception).
Provides exclusions from this Act.
Makes this Act applicable to any Year 2000 Disclosure made on or after January 1, 1998, through December 31, 2001.
Provides for the treatment of prior written disclosures. | {"src": "billsum_train", "title": "Year 2000 Readiness Disclosure Act"} | 2,765 | 421 | 0.530829 | 1.938112 | 0.645727 | 4.994667 | 6.826667 | 0.957333 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the purpose of the World Trade Organization (hereafter
in this Act referred to as the ``WTO'') is to enable member
countries to conduct trade based upon free market principles,
by limiting government intervention in the form of state
subsidies, by limiting nontariff barriers, and by encouraging
reciprocal reductions in tariffs among members;
(2) the WTO is based on the assumption that the import and
export of goods are conducted by independent enterprises
responding to profit incentives and market forces;
(3) the WTO requires that countries with nonmarket
economies implement significant reforms to change centralized
and planned economic systems before they may be considered for
WTO membership, and the existence of a decentralized and a free
market economy is considered a precondition to fair trade among
WTO members;
(4) pursuant to its charter and rules, membership in the
WTO is not limited to nations nor indicative of sovereignty, a
policy illustrated by the fact that Hong Kong will remain a
full member of the WTO as a separate customs territory after
becoming part of the People's Republic of China on July 1,
1997;
(5) the Republic of China on Taiwan (hereafter in this Act
referred to as ``Taiwan'') has applied for membership in the
WTO as the separate customs territory of Taiwan, Penghu,
Kinmen, and Matsu, and its application is under review by a
Working Party appointed under Article XXXIII of the GATT 1994
(as defined in section 2 of the Uruguay Round Agreements Act
(19 U.S.C. 3501));
(6) Taiwan has a free market economy that has existed for
more than 3 decades, and is currently the 14th largest trading
nation in the world;
(7) Taiwan has a gross national product that is the world's
20th largest, its foreign exchange reserves are among the
largest in the world, and it has become the world's 7th largest
foreign investor;
(8) Taiwan is the 7th largest trading partner of the United
States and its purchases of United States exports are more than
50 percent greater than those of the People's Republic of
China;
(9) Taiwan has already agreed to reduce the tariff level of
many products, and to eliminate other nontariff barriers;
(10) the United States and Taiwan have enjoyed a
longstanding and uninterrupted friendship, which has only
increased in light of the remarkable economic development and
political liberalization in Taiwan in recent years;
(11) Taiwan reached an historic turning point in the
development of Chinese democracy on March 23, 1996, when it
conducted the first competitive, free, fair, direct, and
popular election of a head of state in over 4,000 years of
recorded Chinese history, leading to Lee Teng-hui's
inauguration as President on May 20, 1996;
(12) for the past century the United States has promoted
democracy and economic freedom throughout the world, and the
evolution of Taiwan is an outstanding example of the success of
that policy;
(13) Taiwan's accession to the WTO is important to the
United States because it is the largest importer of United
States goods that is not already a member of the WTO, and
because Taiwan's entry into the WTO would promote significant
new market opportunities for United States exporters and
investors;
(14) notwithstanding these circumstances, the People's
Republic of China has sought to block the admission of Taiwan
to the WTO until its own accession to membership;
(15) notwithstanding this opposition, Taiwan is ready for,
and meets the criteria for, admission to the WTO;
(16) the People's Republic of China, in contrast to Taiwan,
has applied for membership in the WTO not as a developed
nation, but rather as a developing nation, so that it would be
relieved of the obligations to reduce its tariffs and eliminate
its subsidies for government-controlled industries, even after
its admission to the WTO;
(17) in contrast to Taiwan, the Communist government of the
People's Republic of China maintains strict government controls
over most trade within its territory, restricts and often
outlaws free market competition, and denies legal and
regulatory protections for property rights, all in ways that
are incompatible with WTO principles;
(18) the Communist government of the People's Republic of
China maintains an intricate system of restrictive and punitive
tariff and nontariff administrative controls to implement its
centrally-planned industrial and trade policies, with tariffs
on foreign goods, such as automobiles, as high as 150 percent,
even though the People's Republic of China has made commitments
in the Memorandum of Understanding on market access it signed
with the United States on October 10, 1992, and reaffirmed in
March of 1995, to reform significant parts of its import
regime;
(19) the People's Republic of China's failure to implement
its March 11, 1995, agreement with the United States to curtail
piracy of products protected by intellectual property rights,
including music, videos, books, software, has prompted a United
States threat to impose trade sanctions proportionate to an
estimated loss of $2,300,000,000 to the United States economy
in 1995 that the piracy has caused;
(20) representatives of the People's Republic of China's
two leading state-owned arms exporting companies, Poly
Technologies and Norinco, were arrested by Federal law
enforcement officers for smuggling into the United States 2,000
AK-47 rifles intended for sale to gangs;
(21) illegal activities such as these should be taken into
account in formulating trade policy with respect to any
country;
(22) the Communist government of the People's Republic of
China continues to use direct and indirect government subsidies
to unfairly advantage its own exports in contravention of
market principles;
(23) as a consequence of these practices, the People's
Republic China is not ready for, and does not meet the criteria
for, admission to the WTO either as a developed nation or a
developing nation; and
(24) inasmuch as Taiwan can easily meet and exceed all of
the requirements for admission to the WTO, while the People's
Republic of China has long enjoyed most-favored-nation trading
status with the United States notwithstanding its failure to
meet the criteria for WTO membership, the People's Republic of
China should continue to enjoy most-favored-nation trading
status with the United States only if Taiwan is admitted to the
WTO at the earliest practicable date.
SEC. 2. CONTINGENT EXTENSION OF NONDISCRIMINATORY TRADE TREATMENT TO
THE PEOPLE'S REPUBLIC OF CHINA.
Notwithstanding any other provision of law, nondiscriminatory
treatment (most-favored-nation treatment) may apply to the products of
the People's Republic of China after March 1, 1997, if and only if, as
of that date, Taiwan has been admitted to the WTO as a separate customs
territory and the People's Republic of China has not been admitted to
the WTO, whether as a developing or a developed nation. | Extends nondiscriminatory treatment (most-favored-nation treatment) to China's products if, and only if, after March 1, 1997, Taiwan has been admitted to the World Trade Organization (WTO) and China has not been so admitted, whether as a developing or a developed nation. | {"src": "billsum_train", "title": "To provide that most-favored-nation trading status for the People's Republic of China may continue provided that Taiwan is admitted to the World Trade Organization by March 1, 1997."} | 1,506 | 70 | 0.551844 | 1.457505 | -0.245159 | 5.660714 | 25.660714 | 0.982143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Rights Protection Act''.
SEC. 2. DEFINITION OF WATER RIGHT.
In this Act, the term ``water right'' means any surface or
groundwater right filed, permitted, certified, confirmed, decreed,
adjudicated, or otherwise recognized by a judicial proceeding or by the
State in which the user acquires possession of the water or puts the
water to beneficial use, including water rights for federally
recognized Indian tribes.
SEC. 3. TREATMENT OF WATER RIGHTS.
The Secretary of the Interior and the Secretary of Agriculture
shall not--
(1) condition or withhold, in whole or in part, the
issuance, renewal, amendment, or extension of any permit,
approval, license, lease, allotment, easement, right-of-way, or
other land use or occupancy agreement on--
(A) limitation or encumbrance of any water right,
or the transfer of any water right (including joint and
sole ownership), directly or indirectly to the United
States or any other designee; or
(B) any other impairment of any water right, in
whole or in part, granted or otherwise recognized under
State law, by Federal or State adjudication, decree, or
other judgment, or pursuant to any interstate water
compact;
(2) require any water user (including any federally
recognized Indian tribe) to apply for or acquire a water right
in the name of the United States under State law as a condition
of the issuance, renewal, amendment, or extension of any
permit, approval, license, lease, allotment, easement, right-
of-way, or other land use or occupancy agreement;
(3) assert jurisdiction over groundwater withdrawals or
impacts on groundwater resources, unless jurisdiction is
asserted, and any regulatory or policy actions taken pursuant
to such assertion are, consistent with, and impose no greater
restrictions or regulatory requirements than, applicable State
laws (including regulations) and policies governing the
protection and use of groundwater resources; or
(4) infringe on the rights and obligations of a State in
evaluating, allocating, and adjudicating the waters of the
State originating on or under, or flowing from, land owned or
managed by the Federal Government.
SEC. 4. RECOGNITION OF STATE AUTHORITY.
(a) In General.--In carrying out section 3, the Secretary of the
Interior and the Secretary of Agriculture shall--
(1) recognize the longstanding authority of the States
relating to evaluating, protecting, allocating, regulating, and
adjudicating groundwater by any means, including a rulemaking,
permitting, directive, water court adjudication, resource
management planning, regional authority, or other policy; and
(2) coordinate with the States in the adoption and
implementation by the Secretary of the Interior or the
Secretary of Agriculture of any rulemaking, policy, directive,
management plan, or other similar Federal action so as to
ensure that such actions are consistent with, and impose no
greater restrictions or regulatory requirements than, State
groundwater laws and programs.
(b) Effect on State Water Rights.--In carrying out this Act, the
Secretary of the Interior and the Secretary of Agriculture shall not
take any action that adversely affects--
(1) any water rights granted by a State;
(2) the authority of a State in adjudicating water rights;
(3) definitions established by a State with respect to the
term ``beneficial use'', ``priority of water rights'', or
``terms of use'';
(4) terms and conditions of groundwater withdrawal,
guidance and reporting procedures, and conservation and source
protection measures established by a State;
(5) the use of groundwater in accordance with State law; or
(6) any other rights and obligations of a State established
under State law.
SEC. 5. EFFECT OF ACT.
(a) Effect on Existing Authority.--Nothing in this Act limits or
expands any existing legally recognized authority of the Secretary of
the Interior or the Secretary of Agriculture to issue, grant, or
condition any permit, approval, license, lease, allotment, easement,
right-of-way, or other land use or occupancy agreement on Federal land
subject to the jurisdiction of the Secretary of the Interior or the
Secretary of Agriculture, respectively.
(b) Effect on Reclamation Contracts.--Nothing in this Act
interferes with Bureau of Reclamation contracts entered into pursuant
to the reclamation laws.
(c) Effect on Endangered Species Act.--Nothing in this Act affects
the implementation of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(d) Effect on Federal Reserved Water Rights.--Nothing in this Act
limits or expands any existing or claimed reserved water rights of the
Federal Government on land administered by the Secretary of the
Interior or the Secretary of Agriculture.
(e) Effect on Federal Power Act.--Nothing in this Act limits or
expands authorities under sections 4(e), 10(j), or 18 of the Federal
Power Act (16 U.S.C. 797(e), 803(j), 811).
(f) Effect on Indian Water Rights.--Nothing in this Act limits or
expands any water right or treaty right of any federally recognized
Indian tribe. | Water Rights Protection Act Prohibits the Department of the Interior and the Department of Agriculture from: conditioning or withholding the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement (permit) on the limitation or encumbrance of any water right or the transfer of any water right to the United States or any other designee, or any other impairment of any water right under state law by federal or state action; requiring any water user (including a federally recognized Indian tribe) to apply for or acquire a water right in the name of the United States under state law as a condition of such a permit; asserting jurisdiction over groundwater withdrawals or impacts on groundwater resources, unless consistent with state groundwater resource laws, regulations, and policies; or infringing on the rights and obligations of a state in evaluating, allocating, and adjudicating state waters originating on or under, or flowing from, land owned or managed by the federal government. | {"src": "billsum_train", "title": "Water Rights Protection Act"} | 1,171 | 239 | 0.749768 | 2.170169 | 0.92375 | 6.955446 | 5.306931 | 0.945545 |
SECTION 1. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
BENEFIT OF UNITS OF THE NATIONAL PARK SYSTEM
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--In the case of an individual, with respect to
each taxpayer's return for the taxable year of the tax imposed by
chapter 1, such taxpayer may designate that--
``(1) a specified portion (but not less than $1) of any
overpayment of tax for such taxable year, and
``(2) any cash contribution which the taxpayer includes
with such return,
shall be used for the benefit of units of the National Park System.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made in such manner as the
Secretary prescribes by regulations except that such designation shall
be made either on the first page of the return or on the page bearing
the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as being refunded to the taxpayer as of the last
date prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''
(b) Clerical Amendment.--The table of parts such subchapter A is
amended by adding at the end the following new item:
``Part IX. Designation of overpayments
and contributions for the
benefit of units of the
National Park System.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
SEC. 2. NATIONAL PARKS TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9512. NATIONAL PARKS TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Parks
Trust Fund', consisting of such amounts as may be appropriated or
credited to the National Parks Trust Fund as provided in this section
or section 9602(b).
``(b) Transfer to National Parks Trust Fund of Amounts
Designated.--There is hereby appropriated to the National Parks Trust
Fund amounts equivalent to the amounts designated under section 6097
and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to the Director of the National Park Service
from the National Parks Trust Fund an amount equal to the
amount in such Fund as of the time of such payment less any
administrative expenses of the Secretary which may be paid
under paragraph (2). Amounts paid under this subsection shall
be used only for design, construction, rehabilitation, and
repair of high priority facilities that directly enhance the
experience of park visitors, including natural, cultural, and
historical resource protection projects, within the units of
the National Park System and may not be used for land
acquisition.
``(2) Administrative expenses.--Amounts in the National
Parks Trust Fund shall be available to pay the administrative
expenses of the Department of the Treasury directly allocable
to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.
``(d) Study.--Not later than 2 years following the date of
enactment of this section, the Secretary shall transmit to Congress a
study of the effects of the program established under the National
Parks Trust Fund. The study shall include information on the amount of
money paid into such Fund, the projects that were undertaken with funds
from such Fund, and any other information that the Secretary deems
useful in evaluating the program's effectiveness.''
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9512. National Parks Trust Fund.'' | Amends the Internal Revenue Code to allow an individual to designate a specified portion (but not less than $1) of any income tax overpayment and any cash contributions to be used for the benefit of units of the National Park System. Establishes a National Parks Trust Fund into which appropriated or credited amounts are received. Authorizes the Secretary of the Treasury to pay, not less often than quarterly, specified expenditures from the Trust Fund to the Director of the National Park Service. Requires that expenditures from such Fund be used only for design, construction, rehabilitation, and repair of high priority facilities that directly enhance the experience of park visitors within the units of the National Park System. Prohibits the use of such expenditures for the purposes of land acquisition. Requires a study concerning the effects of this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow individuals to designate any portion of their income tax overpayments, and to make other contributions, for the benefit of units of the National Park System."} | 1,091 | 178 | 0.5052 | 1.365086 | 0.793528 | 5.025806 | 6.258065 | 0.909677 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lorton Technical Corrections Act of
1998''.
SEC. 2. TRANSFER OF LAND TO GENERAL SERVICES ADMINISTRATION.
Section 11201 of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (Public Law 105-33; D.C. Code 24-
1201) is amended--
(1) by redesignating the second subsection (g) and
subsection (h) as subsections (h) and (i);
(2) in subsection (g)(1)--
(A) by inserting ``(A)'' before
``Notwithstanding'';
(B) by striking ``Except as provided in paragraph
(2)'' and all that follows through ``Department of the
Interior.''; and
(C) by adding at the end the following new
subparagraphs:
``(B) Contingent on the General Services Administration
(GSA) receiving the necessary appropriations to carry out the
requirements of this paragraph and subsection (g), and
notwithstanding the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.), not later than 60
days after the date of the enactment of the Lorton Technical
Corrections Act of 1998, any property on which the Lorton
Correctional Complex is located shall be transferred to the
GSA.
``(C) Not later than 1 year after the date of the enactment
of the Lorton Technical Corrections Act of 1998, Fairfax County
shall submit a reuse plan that complies with all requisite
approvals to the Administrator of General Services that aims to
maximize use of the land for open space, park land, or
recreation, while delineating permissible or recreation uses,
potential development densities, and any time limits on such
development factors of the property on which the Lorton
Correctional Complex is located.
``(D) Not later than 180 days after the date of the
enactment of the Lorton Technical Corrections Act of 1998, the
Department of the Interior shall notify GSA of any property it
requests to be transferred to the Department of the Interior
for the purpose of a land exchange by the United States Fish
and Wildlife Service within the Commonwealth of Virginia. The
Department of the Interior's request shall be approved by the
Administrator of General Services in a manner consistent with
the reuse plan developed by Fairfax County and to the extent it
does not result in a significant reduction in the marketability
or value of any remaining property. The Administrator of
General Services shall coordinate with the Secretary of the
Interior to resolve any conflicts presented by the Department
of the Interior's request and shall transfer the property to
the Department of the Interior at no cost.
``(E) Any property not transferred to the Department of the
Interior under subparagraph (D) shall be disposed of according
to paragraphs (2) and (4).'';
(3) in subsection (g)(2)(A)(ii) by striking ``Department of
Parks and Recreation'' each place it appears and inserting
``Park Authority'';
(4) in subsection (g) by adding at the end the following
new paragraphs:
``(4) Conditions on transfer of lorton property east of ox
road (state route 123).--
``(A) In general.--With respect to property east of
Ox Road (State Route 123) on which the Lorton
Correctional Complex is located, the Administrator of
General Services shall--
``(i) cooperate with the District of
Columbia Corrections Trustee to determine
property necessary to maintain the security of
the Lorton Correctional Complex until its
closure;
``(ii) prepare a report of title, complete
a property description, provide protection and
maintenance, conduct an environmental
assessment of the property to determine the
extent of contamination, complete National
Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) and National Historic Preservation Act (16 U.S.C. 470 et
seq.) processes for closure and disposal of the property, and provide
an estimate of the cost for remediation and contingent on receiving the
necessary appropriations complete the remediation in compliance with
applicable Federal and State environmental laws;
``(iii) develop a disposition strategy
incorporating the Fairfax County reuse plan and
the Department of the Interior's land transfer
request, and resolve conflicts between the plan
and the transfer request, or between the reuse
plan, the transfer request and the results of
the environmental studies;
``(iv) negotiate with any entity that has a
lease, agreement, memorandum of understanding,
right-of-way, or easement with the District of
Columbia to occupy or utilize any parcels of
such property on the date of the enactment of
this title, to perfect or extend such lease,
agreement, memorandum of understanding, right-
of-way, or easement;
``(v) transfer at no cost any property
identified in the Fairfax County reuse plan to
the Northern Virginia Regional Park Authority
or the Fairfax County Park Authority for park
purposes;
``(vi) dispose of any parcels not reserved
by the Department of the Interior and not
addressed under clause (iii) at fair market
value, including the six-acre parcel east of
Shirley Highway on Interstate 95 to Amtrak,
subject to such terms and conditions as the
Administrator determines to be in the best
interest of the United States;
``(vii) deposit any proceeds from the sale
of property on which the Lorton Correctional
Complex is located into a special fund
established in the treasury for purposes of
covering real property utilization and disposal
related expenses, including environmental
compliance and remediation for the Lorton
Correctional Complex until all property has
been conveyed; and
``(viii) deposit any remaining funds in the
Policy and Operations appropriate account of
the General Services Administration to be used
for real property utilization and disposal
activities until expended.
``(B) Report.--Not later than 90 days after the
date of the receipt of the Fairfax County reuse plan
and the Department of the Interior property transfer
request by the Administrator of General Services, the
Administrator shall report to the Committees on
Appropriations and Government Reform and Oversight of
the House of Representatives, and the Committees on
Appropriations and Governmental Affairs of the Senate
on plans to comply with the terms of this paragraph and
any estimated costs associated with such compliance.
``(C) Authorization.--There is authorized to be
appropriated such sums as are necessary from the
general funds of the Treasury, to remain available
until expended, to the Policy and Operations
appropriation account of the General Services
Administration for the real property utilization and
disposal activities in carrying out the provisions of
this title.
``(5) Jurisdiction.--Any property disposed of according to
paragraphs (2) and (4) shall be under the jurisdiction of the
Commonwealth of Virginia. Any development of such property and
any property transferred to the Department of the Interior for
exchange purposes shall comply with any applicable planning and
zoning requirements of Fairfax County and the Fairfax County
reuse plan.''. | Lorton Technical Corrections Act of 1998 - Amends the National Capital Revitalization and Self-Government Improvement Act of 1997, with respect to closure of the Lorton Correctional Complex, to repeal the transfer of Lorton property to the Department of the Interior. Requires transfer of such property to the General Services Administration (GSA).
Requires Fairfax County to submit to the Administrator of General Services (GSA Administrator) a reuse plan that aims to maximize use of the land for open space, park land, or recreation, while outlining permissible or recreation uses, potential development densities, and any time limits on such development factors of the property.
Requires the Department of the Interior to notify GSA of any property it requests to be transferred to it for a land exchange by the U.S. Fish and Wildlife Service within Virginia. Requires GSA to transfer such property to the Department at no cost.
Prescribes conditions on the transfer of Lorton property east of Ox Road (Route 123). Requires the transfer at no cost to the Northern Virginia Regional Park Authority or the Fairfax County Park Authority of any property identified in the Fairfax County reuse plan for park purposes.
Requires the GSA Administrator to report to specified congressional committees on related plans and costs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lorton Technical Corrections Act of 1998"} | 1,538 | 291 | 0.683015 | 2.161846 | 0.883157 | 4.0875 | 6.045833 | 0.929167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Accountability and
Intergovernmental Reform Act'' (``FAIR Act'').
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares the following:
(1) Federal legislation and regulatory requirements impose
burdens on State and local resources to implement federally
mandated programs without fully evaluating the costs to State
and local governments associated with compliance with those
requirements and oftentimes without provision of adequate
Federal financial assistance. Such Federal legislative and
regulatory initiatives--
(A) force State and local governments to utilize
scarce public resources to comply with Federal
mandates;
(B) prevent these resources from being available to
meet local needs; and
(C) detract from the ability of State and local
governments to establish local priorities for use of
local public resources.
(2) Federal legislation and regulatory programs can result
in inefficient utilization of economic resources, thereby
reducing the pool of resources available--
(A) to enhance productivity, and increase the
quantity and quality of goods and services produced by
the American economy; and
(B) to enhance international competitiveness.
(3) In implementing Congressional policy, Federal agencies
should, consistent with the requirements of Federal law, seek
to implement statutory requirements, to the maximum extent
feasible, in a manner that minimizes--
(A) the inefficient allocation of economic
resources;
(B) the burden that such requirements impose on use
of local public resources by State and local
governments; and
(C) the adverse economic effects of such
regulations on productivity, economic growth, full
employment, creation of productive jobs, and
international competitiveness of American goods and
services.
(b) Purposes.--The purposes of this Act are to--
(1) assist Congress in consideration of proposed
legislation establishing or revising Federal programs so as to
assure that, to the maximum extent practicable, legislation
enacted by Congress will--
(A) minimize the burden of such legislation on
expenditure of scarce local public resources by State
and local governments;
(B) minimize inefficient allocation of economic
resources; and
(C) reduce the adverse effect of such legislation--
(i) on the ability of State and local
governmental entities to use local public
resources to meet local needs and to establish
local priorities for local public resources;
and
(ii) on allocation of economic resources,
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness; and
(2) require Federal agencies to exercise discretionary
authority and to implement statutory requirements in a manner
that, consistent with fulfillment of each agency's mission and
with the requirements of other laws, minimizes the impact
regulations affecting the economy have on--
(A) the ability of State and local governmental
entities to use local public resources to meet local
needs; and
(B) the allocation of economic resources,
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services.
TITLE I--LEGISLATIVE REFORM
SEC. 101. REPORTS ON LEGISLATION.
(a) Report Required.--
(1) In general.--Except as provided in paragraph (2), when
a committee of the Senate or House of Representatives reports a
bill or resolution of a public character (not including a
resolution of ratification of a treaty) to its House that
mandates unfunded requirements upon State or local governments
or the private sector, the report accompanying the bill or
resolution shall contain an analysis, prepared after
consultation with the Director of the Congressional Budget
Office, detailing the effect of the new requirements on--
(A) State and local government expenditures
necessary to comply with Federal mandates;
(B) private businesses, including the economic
resources required annually to comply with the
legislation and implementing regulations; and
(C) economic growth and competitiveness.
(2) Exception.--Paragraph (1) shall not apply to any bill
with respect to which the Director of the Congressional Budget
Office certifies in writing to the chairman of the committee
reporting the legislation that the estimated costs to State and
local governments and the private sector of implementation of
such legislation during the first 3 years will not exceed
$50,000,000 in the aggregate and during the first 5 years will
not exceed $100,000,000 in the aggregate.
(b) Duties and Functions of Congressional Budget Office.--The
Director of the Congressional Budget Office shall prepare for each bill
or resolution of a public character reported by any committee of the
House of Representatives or of the Senate, an economic analysis of the
effects of the bill or resolution, satisfying the requirements of
subsection (a). The analysis prepared by the Director of the
Congressional Budget Office shall be included in the report
accompanying such bill or resolution.
(c) Legislation Subject to Point of Order.--A bill or resolution is
subject to a point of order against consideration of the bill or
resolution by the House of Representatives or the Senate (as the case
may be) if the bill or resolution is reported for consideration by the
House of Representatives or the Senate unaccompanied by the analysis
required by this section.
SEC. 102. EXERCISE OF RULEMAKING POWERS.
The provisions of this title are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
SEC. 103. EFFECTIVE DATE.
This title shall apply to any bill or resolution introduced in the
House of Representatives or the Senate after the date of enactment of
this Act.
TITLE II--FEDERAL INTERGOVERNMENTAL RELATIONS
SEC. 201. INTERGOVERNMENTAL AND ECONOMIC IMPACT ASSESSMENT.
(a) Requirement.--When an agency publishes a general notice of
proposed rulemaking for any proposed rule, the notice of proposed
rulemaking shall be accompanied by an Intergovernmental and Economic
Impact Assessment. Such Assessment shall be published in the Federal
Register at the time of the publication of the general notice of
proposed rulemaking for the rule.
(b) Content.--Each Intergovernmental and Economic Impact Assessment
required under this section shall contain--
(1) a description of the reasons why action by the agency
is being considered;
(2) a succinct statement of the objective of, and legal
basis for, the proposed rule;
(3) a good-faith estimate, based on data readily available
to the agency, of the effect the proposed rule will have on the
expenditure of State or local public resources by State and
local governments; and
(4) a good-faith estimate, based on data readily available
to the agency, or a description of the effect the proposed rule
will have on--
(A) the allocation of economic resources; and
(B) productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of American goods and services.
SEC. 202. INTERGOVERNMENTAL AND ECONOMIC IMPACT STATEMENT.
(a) Requirement.--When an agency promulgates a final rule, the
agency shall prepare an Intergovernmental and Economic Impact
Statement. The Intergovernmental and Economic Impact Statement shall
contain--
(1) a succinct statement of the need for, and the
objectives of, such rule;
(2) a summary of the issues raised by the public comments
in response to the publication by the agency of the
Intergovernmental and Economic Impact Assessment prepared for
the rule, a summary of the agency's evaluation of such issues,
and a statement of any changes made in the proposed rule as a
result of such comments;
(3) a good-faith estimate, based on information readily
available to the agency, of the effect the rule will have on
the expenditure of State or local public resources by State and
local governments; and
(4) a good-faith estimate, based on information readily
available to the agency, or a description of the effect the
rule will have on productivity, economic growth, full
employment, creation of productive jobs, and international
competitiveness of American goods and services.
(b) Availability.--The agency shall make copies of each
Intergovernmental and Economic Impact Statement available to members of
the public, and shall publish in the Federal Register at the time of
publication of any final rule, a statement describing how the public
may obtain copies of such Statement.
SEC. 203. EFFECT ON OTHER LAWS.
The requirements of this title shall not alter in any manner the
substantive standards otherwise applicable to the implementation by an
agency of statutory requirements or to the exercise by an agency of
authority delegated by law.
SEC. 204. EFFECTIVE DATE.
This title shall apply to any rule proposed and any final rule
promulgated by any agency after the date of the enactment of this Act.
SEC. 205. DEFINITION.
In this title, the term ``agency'' has the meaning stated in
section 551(1) of title 5, United States Code. | TABLE OF CONTENTS:
Title I: Legislative Reform
Title II: Federal Intergovernmental Relations
Fiscal Accountability and Intergovernmental Reform Act (FAIR Act) -
Title I: Legislative Reform
- Provides that, with certain exceptions, whenever a committee of either House reports a bill or resolution of a public character (excluding resolutions of ratification of a treaty) to its House mandating unfunded requirements upon State or local governments or the private sector, the report accompanying that bill or resolution shall analyze the effect of the new requirements on: (1) State and local government expenditures necessary to comply with Federal mandates; (2) private businesses; and (3) economic growth and competitiveness. Requires the Congressional Budget Office to prepare such economic analyses.
Title II: Federal Intergovernmental Relations
- Provides that, whenever an agency publishes a general notice of proposed rulemaking or promulgates a final rule, the agency shall prepare and make available for public comment an Intergovernmental and Economic Impact Assessment. Specifies the contents of such an assessment. | {"src": "billsum_train", "title": "FAIR Act"} | 2,026 | 232 | 0.532598 | 1.550495 | 0.65437 | 3.514851 | 9.460396 | 0.861386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2003''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 921(a)(30) of title 18, United States
Code, is amended to read as follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or telescoping stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 3. ELIMINATION OF SUNSET.
Section 110105 of the Public Safety and Recreational Firearms
Protection Act is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking ``; and'' and all that follows through
``that date''.
SEC. 4. GRANDFATHER PROVISIONS.
Section 922(v)(2) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``on the date of the enactment of this
subsection'' and inserting ``as of September 13, 1994''; and
(3) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, is amended by
striking ``(3)'' and all that follows through the end of the first
sentence and inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(v) of title 18, United States Code, is amended by
adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting at the end the following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of title 18, United States
Code, is amended--
(A) in paragraph (2), by striking ``on or before
the date of enactment of this subsection'' and
inserting ``in the United States on or before September
13, 1994'';
(B) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(C) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before September 13, 1994,
to fail to certify to the Attorney General before the end of the 60-day
period that begins with the date of the transfer, in accordance with
regulations prescribed by the Attorney General, that the device was
manufactured on or before September 13, 1994.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, as amended by subsection (a)(2), is further amended by
adding at the end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General.--Section 922(w) of title 18, United States Code, as
amended by section 7(b)(1), is further amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of title 18,
United States Code, is amended by striking ``manufactured after the
date of enactment of the Violent Crime Control and Law Enforcement Act
of 1994''. | Assault Weapons Ban and Law Enforcement Protection Act of 2003 - Amends Federal firearms provisions to revise the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to a semiautomatic assault weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has any one of the following characteristics, respectively: (1) a folding or telescoping stock, a threaded barrel, a pistol grip, a forward grip, or a barrel shroud; or (2) a second pistol grip, a threaded barrel, a barrel shroud, or the capacity to accept a detachable magazine at a location outside of the pistol grip.
Amends the Public Safety and Recreational Firearms Use Protection Act to repeal the sunset provision for the assault weapons ban. Modifies exemptions from the ban to: (1) retain the exemption of any firearm that is manually operated by bolt, pump, level, or slide action, that has been rendered permanently inoperable, or that is an antique firearm; and (2) remove the exemption of specified firearms, or replicas or duplicates, as manufactured on October 1, 1993, any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds, and any semiautomatic shotgun that cannot hold more than five rounds in a fixed or detachable magazine.
Prohibits the transfer of a semiautomatic assault weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make the record available to the public.
Prohibits: (1) the transfer of any assault weapon with an large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a a device that was manufactured on or before September 13, 1994, from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations.
Prohibits: (1) the transfer of a semiautomatic assault weapon or a large capacity ammunition feeding device to a juvenile; and (2) the importation of such a device. | {"src": "billsum_train", "title": "A bill to reauthorize the assault weapons ban, and for other purposes."} | 3,375 | 553 | 0.387719 | 1.235214 | 0.585169 | 3.822785 | 6.065401 | 0.919831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Education and
Awareness Act of 2006''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a 4-year pilot program to
provide information and educational materials to small business
concerns regarding health insurance options, including coverage options
within the small group market.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
(3) Association.--The term ``association'' means an
association established under section 21(a)(3)(A) of the Small
Business Act (15 U.S.C. 648(a)(3)(A)) representing a majority
of small business development centers.
(4) Participating small business development center.--The
term ``participating small business development center'' means
a small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648) that--
(A) is certified under section 21(k)(2) of the
Small Business Act (15 U.S.C. 648(k)(2)); and
(B) receives a grant under the pilot program.
(5) Pilot program.--The term ``pilot program'' means the
small business health insurance information pilot program
established under this Act.
(6) Small business concern.--The term ``small business
concern'' has the same meaning as in section 3 of the Small
Business Act (15 U.S.C. 632).
(7) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, and Guam.
SEC. 4. SMALL BUSINESS HEALTH INSURANCE INFORMATION PILOT PROGRAM.
(a) Authority.--The Administrator shall establish a pilot program
to make grants to small business development centers to provide
information and educational materials regarding health insurance
options, including coverage options within the small group market, to
small business concerns.
(b) Applications.--
(1) Posting of information.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall post
on the website of the Administration and publish in the Federal
Register a guidance document describing--
(A) the requirements of an application for a grant
under the pilot program; and
(B) the types of informational and educational
materials regarding health insurance options to be
created under the pilot program, including by
referencing such materials developed by the Healthcare
Leadership Council.
(2) Submission.--A small business development center
desiring a grant under the pilot program shall submit an
application at such time, in such manner, and accompanied by
such information as the Administrator may reasonably require.
(c) Selection of Participating SBDCs.--
(1) In general.--The Administrator shall select not more
than 20 small business development centers to receive a grant
under the pilot program.
(2) Selection of programs.--In selecting small business
development centers under paragraph (1), the Administrator may
not select--
(A) more than 2 programs from each of the groups of
States described in paragraph (3); and
(B) more than 1 program in any State.
(3) Groupings.--The groups of States described in this
paragraph are the following:
(A) Group 1.--Group 1 shall consist of Maine,
Massachusetts, New Hampshire, Connecticut, Vermont, and
Rhode Island.
(B) Group 2.--Group 2 shall consist of New York,
New Jersey, Puerto Rico, and the Virgin Islands.
(C) Group 3.--Group 3 shall consist of
Pennsylvania, Maryland, West Virginia, Virginia, the
District of Columbia, and Delaware.
(D) Group 4.--Group 4 shall consist of Georgia,
Alabama, North Carolina, South Carolina, Mississippi,
Florida, Kentucky, and Tennessee.
(E) Group 5.--Group 5 shall consist of Illinois,
Ohio, Michigan, Indiana, Wisconsin, and Minnesota.
(F) Group 6.--Group 6 shall consist of Texas, New
Mexico, Arkansas, Oklahoma, and Louisiana.
(G) Group 7.--Group 7 shall consist of Missouri,
Iowa, Nebraska, and Kansas.
(H) Group 8.--Group 8 shall consist of Colorado,
Wyoming, North Dakota, South Dakota, Montana, and Utah.
(I) Group 9.--Group 9 shall consist of California,
Guam, American Samoa, Hawaii, Nevada, and Arizona.
(J) Group 10.--Group 10 shall consist of
Washington, Alaska, Idaho, and Oregon.
(4) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 6 months after
the later of the date on which the information described in
subsection (b)(1) is posted on the website of the
Administration and the date on which the information described
in subsection (b)(1) is published in the Federal Register.
(d) Use of Funds.--
(1) In general.--A participating small business development
center shall use funds provided under the pilot program to--
(A) create and distribute informational materials;
and
(B) conduct training and educational activities.
(2) Content of materials.--In creating materials under the
pilot program, a participating small business development
center shall evaluate and incorporate relevant portions of
existing informational materials regarding health insurance
options, such as the materials created by the Healthcare
Leadership Council.
(e) Grant Amounts.--Each participating small business development
center program shall receive a grant in an amount equal to--
(1) not less than $150,000 per fiscal year; and
(2) not more than $300,000 per fiscal year.
(f) Matching Requirement.--Subparagraphs (A) and (B) of section
21(a)(4) of the Small Business Act (15 U.S.C. 648(a)(4)) shall apply to
assistance made available under the pilot program.
SEC. 5. REPORTS.
Each participating small business development center shall transmit
to the Administrator and the Chief Counsel for Advocacy of the
Administration, as the Administrator may direct, a quarterly report
that includes--
(1) a summary of the information and educational materials
regarding health insurance options provided by the
participating small business development center under the pilot
program; and
(2) the number of small business concerns assisted under
the pilot program.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $5,000,000 for the first fiscal year beginning after
the date of enactment of this Act; and
(2) $5,000,000 for each of the 3 fiscal years following the
fiscal year described in paragraph (1).
(b) Limitation on Use of Other Funds.--The Administrator may carry
out the pilot program only with amounts appropriated in advance
specifically to carry out this Act. | Small Business Health Education and Awareness Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to establish a four-year pilot program to make grants to small business development centers to provide information and educational materials regarding health insurance options to small businesses. Allows the Administrator to select up to 20 centers to receive such grants. Sets the maximum individual grant limit at $300,000 per fiscal year. | {"src": "billsum_train", "title": "A bill to establish a 4-year small business health insurance information pilot program."} | 1,511 | 86 | 0.549354 | 1.305765 | 0.818119 | 3.871795 | 17.858974 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Children Learn Act''.
SEC. 2. ASTHMA, VISION, AND HEARING SCREENING FOR EARLY HEAD START AND
HEAD START PROGRAMS.
(a) Early Head Start Programs.--Section 645A of the Head Start Act
(42 U.S.C. 9840a) is amended by adding at the end the following:
``(h) Asthma, Vision, and Hearing Screening.--
``(1) In general.--An entity that receives assistance under
this section may carry out a program under which the entity--
``(A) determines whether a child eligible to
participate in the program described in subsection
(a)(1) has received each of an asthma, vision, and
hearing screening test using a test that is appropriate
for age and risk factors on the enrollment of the child
in the program; and
``(B) in the case of a child who has not received
each of an asthma, and vision, and hearing screening
test, ensures that the enrolled child receives such a
test either by referral or by performing the test
(under contract or otherwise).
``(2) Reimbursement.--
``(A) In general.--On the request of an entity that
performs or arranges for the performance of an asthma,
vision, or hearing screening test under paragraph (1)
on a child who is eligible for or receiving medical
assistance under a State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), the
Secretary of Health and Human Services, notwithstanding
any other provision of, or limitation under, title XIX
of the Social Security Act, shall reimburse the entity,
from funds that are made available under that title,
for 100 percent of the cost of the test and data
reporting.
``(B) Costs.--The costs of a test conducted under
this subsection--
``(i) shall include reimbursement for
testing devices and associated supplies
approved for sale by the Food and Drug
Administration and used in compliance with
section 353 of the Public Health Service Act
(42 U.S.C. 263a); and
``(ii) shall include reimbursement for
administering the tests and related services,
as determined appropriate by the State agency.
``(3) Head start.--This subsection shall apply to Head
Start programs that include coverage, directly or indirectly,
for infants and toddlers under the age of 3 years.''.
(b) Head Start Programs.--Section 642(b) of the Head Start Act (42
U.S.C. 9837(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) with respect to an agency that elects to carry out a
program under section 645(h), comply with the requirements of
such section 645A(h) in the case of each child eligible to
participate in the Head Start program to be carried out by the
agency.''.
SEC. 3. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR
CHILDREN ENROLLED IN PUBLIC SCHOOLS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320B. ASTHMA, VISION, AND HEARING SCREENING AND TREATMENT FOR
CHILDREN ENROLLED IN PUBLIC SCHOOLS.
``(a) Grants.--The Secretary shall award grants to eligible local
educational agencies to enable such agencies to carry out asthma,
vision, hearing, or other health screening and case management programs
determined appropriate by the Secretary in accordance with the program
elements described in subsection (d).
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(c) Preference.--In awarding grants under this section, the
Secretary shall give preference to local educational agencies serving
schools that are located in areas with a high incidence of childhood
asthma or a high death rate associated with childhood asthma.
``(d) Program Elements.--
``(1) Asthma.--Under an asthma program operated under a
grant under this section, a local educational agency shall--
``(A) determine whether a child enrolled in a
school in which the program is in effect has received
an asthma screening test using a test that is
appropriate for age and risk factors on the enrollment
of the child in the school;
``(B) in the case of a child who has not received
an asthma screening test, ensure that the child
receives such a test either by referral or by
performing the test (under contract or otherwise); and
``(C) in the case of a child determined to have
asthma, provide treatment or refer the child for
treatment (including case management) and education in
the management of asthma.
``(2) Vision and hearing.--Under a vision and hearing
program operated under a grant under this section, a local
educational agency shall--
``(A) elect to provide vision and hearing screening
tests--
``(i) to all children enrolled in a school
who are most likely to suffer from vision or
hearing loss; or
``(ii) to all children enrolled in a
school;
``(B) ensure that the category of children elected
under subparagraph (A) receive such tests, either by
referral or by performing the test (under contract or
otherwise), that are appropriate for the age and risk
factors of the children, based on the enrollment of the
children in the school; and
``(C) in the case of any child determined to have a
vision or hearing impairment, provide the child with
such eyewear and hearing aids as are appropriate to
correct the child's vision or hearing, to the extent
that such correction is feasible.
``(3) Other health screening programs.--The Secretary shall
determine the program elements that shall be applicable to
other health screening programs operated under a grant under
this section.
``(e) Reimbursement.--
``(1) Children enrolled in or eligible for medicaid.--
``(A) In general.--With respect to a child who is
eligible for or receiving medical assistance under a
State plan under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) and who receives, or is
provided, a test, treatment, education, corrective
eyewear, or hearing aid under a program established
under subsection (a), the Secretary, notwithstanding
any other provision of, or limitation under, such title
XIX, including the payment limitation commonly known as
the `free care rule', shall reimburse the local
educational agency administering such program from
funds that are made available under such title XIX for
100 percent of the cost of the performance,
arrangement, or provision and data reporting.
``(B) Costs.--The costs of a test conducted under
this section shall include reimbursement for--
``(i) testing devices and associated
supplies approved for sale by the Food and Drug
Administration and used in compliance with
section 353; and
``(ii) administering the tests and related
services, as determined appropriate by the
State agency responsible for the administration
of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
``(2) Children enrolled in or eligible for schip.--
``(A) In general.--With respect to a child who is
eligible for or receiving child health assistance under
a State plan under title XXI of the Social Security Act
(42 U.S.C. 1397aa et seq.) and who receives, or is
provided, a test, treatment, education, corrective
eyewear, or hearing aid under a program established
under subsection (a), the Secretary, notwithstanding
any other provision of, or limitation under, such title
XXI, or any other provision of law (including the
payment limitation under title XIX commonly known as
the `free care rule' to the extent, if any, such
limitation applies to the State children's health
insurance program established under title XXI of that
Act), shall reimburse the local educational agency
administering such program from funds that are made
available under such title XXI for 100 percent of the
cost of the performance, arrangement, or provision and
data reporting.
``(B) Costs.--The costs shall include the costs
described in paragraph (1)(B).
``(f) Definitions.--In this section, the terms `local educational
agency' and `elementary and secondary school' shall have the meanings
given such terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section with respect to a child, and any
data reporting with respect to the child, who is not eligible for
coverage under title XIX or XXI of the Social Security Act, or is not
otherwise covered under a health insurance plan--
``(1) $10,000,000 for each of fiscal years 2004 through
2009 to carry out asthma programs;
``(2) $10,000,000 for each of fiscal years 2004 through
2009 to carry out vision and hearing programs; and
``(3) such sums as may be necessary for each of fiscal
years 2004 through 2009 to carry out other health screening
programs.
``(h) Evaluations.--Not later than 4 years after the date of
enactment of this section, the Secretary shall prepare and submit to
the appropriate committees of Congress a report containing data related
to whether grants provided under this section have ensured that
children at the highest risk for asthma, vision, hearing, and other
health problems are identified and treated.''.
SEC. 4. PAYMENTS FOR SCREENING AND TREATMENT PROVIDED TO CHILDREN
ELIGIBLE UNDER FEDERAL HEALTH PROGRAMS.
Nothing in any provision of law relating to a Federal program that
provides, directly or indirectly, health benefits coverage for children
(including the programs established under titles XIX and XXI of the
Social Security Act (42 U.S.C. 1396 et seq. and 1397aa et seq.)) and
including the payment limitation commonly known as the ``free care
rule'', shall be construed as prohibiting or restricting, or
authorizing the Secretary of Health and Human Services to prohibit or
restrict, payment under any such program for medical assistance for
covered services furnished to a child who is eligible for or receiving
medical assistance under such program and who receives an asthma,
vision, hearing, or other health screening test, or is provided
treatment, education in disease management, corrective eyewear, or
hearing aids, through a public elementary or secondary school, whether
directly or indirectly, and regardless of whether the school
participates in a program established under subsection (a) or (b) of
section 1120C of the Elementary and Secondary Education Act of 1965. | Healthy Children Learn Act - Amends the Head Start Act to authorize early Head Start and Head Start programs to carry out asthma, vision, and hearing screening programs.Amends the Public Health Service Act to direct the Secretary Of Health and Human Services to award grants to local educational agencies for asthma, vision, hearing, and other health screening programs for public school children.States that nothing under any law relating to a program that provides health benefits coverage for children and including the payment limitation known as the "free care rule" shall be construed as prohibiting or restricting assistance for children receiving asthma, vision, hearing, or other health screening tests. | {"src": "billsum_train", "title": "A bill to ensure that children at highest risk for asthma, vision, hearing, and other health problems are identified and treated."} | 2,570 | 138 | 0.523702 | 1.368879 | 0.663676 | 4.154472 | 18.658537 | 0.934959 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Article 3 of the Inter-American Democratic Charter of
the Organization of American States (OAS) states that,
``Essential elements of representative democracy include, inter
alia, respect for human rights and fundamental freedoms, access
to and the exercise of power in accordance with the rule of
law, the holding of periodic, free, and fair elections based on
secret balloting and universal suffrage as an expression of the
sovereignty of the people, the pluralistic system of political
parties and organizations, and the separation of powers and
independence of the branches of government.''.
(2) Article 4 of the Inter-American Democratic Charter
states that ``Transparency in government activities, probity,
responsible public administration on the part of governments,
respect for social rights, and freedom of expression and of the
press are essential components of the exercise of democracy.
The constitutional subordination of all state institutions to
the legally constituted civilian authority and respect for the
rule of law on the part of all institutions and sectors of
society are equally essential to democracy.''.
(3) Article 20 of the Inter-American Democratic Charter
states that ``In the event of an unconstitutional alteration of
the constitutional regime that seriously impairs the democratic
order in a member state, any member state or the Secretary
General may request the immediate convocation of the Permanent
Council to undertake a collective assessment of the situation
and to take such decisions as it deems appropriate. The
Permanent Council, depending on the situation, may undertake
the necessary diplomatic initiatives, including good offices,
to foster the restoration of democracy.''.
(4) In December 2010, Venezuela's President, Hugo Chavez,
in coordination with a pliant legislature, passed a package of
laws, including the Enabling Act or Enabling Law, which
fundamentally altered the Venezuelan Constitution.
(5) As a result of the legislation, essential freedoms are
impaired, including the freedom of speech through restrictions
on the internet and television, a breakdown in strong,
independent, and pluralistic political parties through
electoral reform that expels from parliament politicians who
change parties, vote against certain legislation, or align with
ideologically opposed ideas or people, separation of powers and
subordination of the state to the people through the removal of
the municipal and regional governments' constitutional mandate,
and fundamentally altering the ability of the people to govern
themselves, in addition to the president's ability to rule by
decree for eighteen months in nine broad areas such as social,
economic, territorial, and national security, and respect for
social rights through changes to the education sector by
controlling curriculum and ideology in universities.
(6) The package of laws, including the Enabling Act,
therefore violate essential elements of the exercise of
democracy as stated in Articles 3 and 4 of the Inter-American
Democratic Charter.
(7) Secretary General Jose Miguel Insulza stated in an
interview with Associated Press that he believed the Enabling
Act in Venezuela was ``anti-democratic, unconstitutional and a
violation of the Inter-American Charter,''.
(8) Assistant Secretary of State for the Western
Hemisphere, Arturo Valenzuela, reiterated the description of
the Enabling Law as ``undemocratic''.
(9) The most recent Worldwide Threat Assessment by the
Director of National Intelligence found that ``at the end of
the legislature's lame duck term, Chavez and his allies passed
legislation that gives more resources to his loyal community
councils, allowing Chavez to claim that he is both bolstering
participatory democracy and creating new means of funneling
resources to supporters.''.
(10) According to the Inter-American Democratic Charter,
invocation of Article 20 may be made by the Secretary General
or any member state of the Organization of the American States
in the event of an unconstitutional alteration of the
constitutional regime that seriously impairs the democratic
order in a member state.
(11) Also, according to the Inter-American Democratic
Charter, invocation of Article 20 signifies the calling of the
Permanent Council to determine next steps, through diplomatic
initiatives, to foster the restoration of democracy in a member
state. If such initiatives fail to restore democracy, Article
21 is employed to call a special session of the General
Assembly in order to take the decision to suspend such member
state from the exercise of its right to participate in the OAS
by an affirmative vote of two-thirds of the member states in
accordance with the Charter of the OAS. The suspension shall
take effect immediately.
SEC. 2. INVOCATION OF ARTICLE 20 OF THE INTER-AMERICAN DEMOCRATIC
CHARTER.
(a) Withholding of Contributions.--For every Permanent Council
meeting of the Organization of American States (OAS) that, beginning
after the date of the enactment of this Act, meets without the
invocation of Article 20 of the Inter-American Democratic Charter and
the ensuing discussion with regard to Venezuela's violation of such
Charter, as guaranteed in such Charter, the Secretary of State shall
withhold 20 percent of assessed and voluntary United States
contributions to the OAS for the fiscal year in which each such meeting
begins (or, if 20 percent is not available for withholding in such
fiscal year, the Secretary shall withhold the highest percentage
possible in such fiscal year and the remaining percentage in the
subsequent fiscal year).
(b) Resumption of Contributions.--The Secretary of State shall
resume making assessed and voluntary United States contributions to the
OAS upon the invocation of Article 20 and the discussion of Venezuela's
violation of the Inter-American Democratic Charter at a meeting of the
Permanent Council.
(c) Deficit Reduction.--Amounts withheld pursuant to subsection (a)
shall be applied to reduce the Federal budget deficit, or, for any
fiscal year for which there is no Federal budget deficit, to reduce the
Federal debt. | Directs the Secretary of State to: (1) withhold 20% of U.S. assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting at which Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and (2) resume making such contributions upon the invocation of Article 20 and the discussion of Venezuela's violation of the Inter-American Democratic Charter at a meeting of the Permanent Council of the OAS. | {"src": "billsum_train", "title": "To withhold twenty percent of United States assessed and voluntary contributions to the Organization of American States (OAS) for every permanent council meeting that takes place where Article 20 of the Inter-American Charter is not invoked with regard to Venezuela's recent constitutional reforms, and for other purposes."} | 1,258 | 103 | 0.470661 | 1.379267 | 0.620715 | 5.797872 | 12.776596 | 0.946809 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Taxpayer
Protection Act of 2016''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986, as amended.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--PROTECTION OF TAXPAYERS FROM ABUSIVE TAX COLLECTION PRACTICES
Sec. 101. Repeal of rules relating to tax collection contracts.
TITLE II--RELIEF FOR TAXPAYERS
Sec. 201. De minimis exclusion from gross income for discharge of
indebtedness of individuals.
Sec. 202. Repeal suspension of statute of limitations during pending
application for Taxpayer Assistance order.
Sec. 203. Limitation on levy on retirement savings.
Sec. 204. Tolling of limitation on levy recovery for disabled taxpayer.
Sec. 205. Extension of period to withdraw frivolous submission.
Sec. 206. Repeal of partial payment requirement on submissions of
offers-in-compromise.
TITLE III--ASSISTANCE FOR IDENTITY THEFT VICTIMS AND LOW-INCOME
TAXPAYERS
Sec. 301. Taxpayer notification of suspected identity theft.
Sec. 302. Single point of contact for identity theft victims.
Sec. 303. Referrals to low-income taxpayer clinics permitted.
Sec. 304. EITC outreach.
TITLE IV--ENSURE TAXPAYER ACCESS TO COMPETENT TAX RETURN PREPARERS
Sec. 401. Regulation of tax return preparers.
Sec. 402. Tax information disclosure relating to tax return preparer
misconduct.
TITLE V--INCREASE FUNDING FOR SERVICES TO TAXPAYERS
Sec. 501. Low-income taxpayer clinics.
Sec. 502. Internal Revenue Service taxpayer services appropriations.
TITLE I--PROTECTION OF TAXPAYERS FROM ABUSIVE TAX COLLECTION PRACTICES
SEC. 101. REPEAL OF RULES RELATING TO TAX COLLECTION CONTRACTS.
(a) In General.--Sections 6306 and 6307 are hereby repealed, and
the table of sections for subchapter A of chapter 64 is amended by
striking the items relating to sections 6306 and 6307.
(b) Conforming Amendments.--
(1) Section 6103(k) is amended by striking paragraph (12).
(2) Section 7433A(a) is amended by inserting ``, as in
effect on the day before the date of the enactment of the
Taxpayer Protection Act of 2016'' after ``as defined in section
6306(b)''.
(3) Section 7809(a) is amended by striking ``6306,''.
(4) Section 7811 is amended by striking subsection (g).
TITLE II--RELIEF FOR TAXPAYERS
SEC. 201. DE MINIMIS EXCLUSION FROM GROSS INCOME FOR DISCHARGE OF
INDEBTEDNESS OF INDIVIDUALS.
(a) In General.--Section 108(a)(1) is amended by striking ``or'' at
the end of subparagraph (D), by striking the period at the end of
subparagraph (E) and inserting ``, or'', and by adding at the end the
following new subparagraph:
``(F) the indebtedness discharged is qualified
individual indebtedness.''.
(b) Qualified Individual Indebtedness.--Section 108 is amended by
adding at the end the following new subsection:
``(j) Special Rules Relating to Qualified Individual
Indebtedness.--
``(1) Qualified individual indebtedness defined.--For
purposes of this section, the term `qualified individual
indebtedness' means any indebtedness of an individual other
than indebtedness which is--
``(A) discharged on account of services performed
for the lender, or
``(B) held at any time by a person related to such
individual.
For purposes of subparagraph (B), a person shall be treated as
related to another person if the relationship between such
persons would result in a disallowance of losses under section
267 or 707(b).
``(2) Dollar limitation.--The amount of qualified
individual indebtedness excluded from gross income under
subsection (a)(1)(F) with respect to any individual for any
taxable year shall not exceed the excess of--
``(A) $10,000, over
``(B) the aggregate amount excluded from the gross
income of such individual under subsection (a)(1) for
such taxable year and all prior taxable years
(determined without regard to any amount excludable
from gross income under subsection (a)(1)(F) for such
taxable year).
``(3) Joint returns.--In the case of a joint return--
``(A) the dollar limitation under paragraph (2)
shall be applied separately to each spouse, and
``(B) the taxpayer may elect to treat any
indebtedness of either spouse as indebtedness of the
other spouse.''.
(c) Coordination.--
(1) In general.--Section 108(a)(2) is amended by adding at
the end the following new subparagraph:
``(D) Precedence of individual indebtedness
exclusion.--
``(i) Individual indebtedness exclusion
takes precedence over insolvency exclusion
unless elected otherwise.--Paragraph (1)(B)
shall not apply to a discharge to which
paragraph (1)(F) applies unless the taxpayer
elects to apply paragraph (1)(B) in lieu of
paragraph (1)(F).
``(ii) Other exclusions take precedence.--
Subparagraph (F) shall not apply to a discharge
to which subparagraph (C), (D), or (E)
applies.''.
(2) Title 11 exclusion takes precedence.--Section
108(a)(2)(A) is amended by striking ``and (E)'' and inserting
``(E), and (F)''.
(d) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after the date of the enactment of
this Act.
SEC. 202. REPEAL SUSPENSION OF STATUTE OF LIMITATIONS DURING PENDING
APPLICATION FOR TAXPAYER ASSISTANCE ORDER.
(a) In General.--Section 7811 is amended by striking subsection (d)
and redesignating subsections (e), (f), and (g) as subsections (d),
(e), and (f), respectively.
(b) Conforming Amendment.--Section 6306(k)(2) is amended by
striking ``section 7811(g)'' and inserting ``section 7811(f)''.
(c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 203. LIMITATION ON LEVY ON RETIREMENT SAVINGS.
(a) In General.--Section 6334(a) is amended by adding at the end
the following new paragraph:
``(14) Retirement savings.--
``(A) In general.--Any individual's interest in a
qualified retirement plan--
``(i) before such individual has attained
normal retirement age (or 65 in the case of an
individual retirement account or a plan which
does not specify a normal retirement age), or
``(ii) after the attainment of such age if
the levy would create an economic hardship due
to the financial condition of the taxpayer
(within the meaning of 6343(a)(1)(D)).
``(B) Qualified retirement plan.--For purposes of
this paragraph, the term `qualified retirement plan'
means--
``(i) an individual retirement account, or
``(ii) a defined contribution plan which--
``(I) is described in section
401(a) and which includes a trust
exempt from tax under section 501(a),
``(II) is described in subsection
(a) or (b) of section 403, or
``(III) is an eligible deferred
compensation plan (as defined in
section 457(b)) of an eligible employer
described in section 457(e)(1)(A).
``(C) Exception for flagrant acts.--Subparagraph
(A) shall not apply if the Secretary determines that--
``(i) the taxpayer filed a fraudulent
return, or
``(ii) the taxpayer acted with the intent
to evade or defeat any tax imposed by this
title or the collection or payment thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to levies issued after December 31, 2016.
SEC. 204. TOLLING OF LIMITATION ON LEVY RECOVERY FOR DISABLED TAXPAYER.
(a) In General.--Section 6343(b) is amended by inserting after the
third sentence: ``In the case of an individual, the running of such 9-
month period shall be suspended during any period of such individual's
life that such individual is financially disabled (as defined in
section 6511(h)).''.
(b) Suits by Persons Other Than Taxpayers.--Section 6532(c)(1) is
amended by adding at the end the following: ``In the case of an
individual, the running of such 9-month period shall be suspended
during any period of such individual's life that such individual is
financially disabled (as defined in section 6511(h)).''.
SEC. 205. EXTENSION OF PERIOD TO WITHDRAW FRIVOLOUS SUBMISSION.
(a) In General.--Section 6702(b)(3) is amended by striking ``30
days'' and inserting ``60 days''.
(b) Effective Date.--The amendment made by this section shall apply
to notices provided after December 31, 2016.
SEC. 206. REPEAL OF PARTIAL PAYMENT REQUIREMENT ON SUBMISSIONS OF
OFFERS-IN-COMPROMISE.
(a) In General.--Section 7122 is amended by striking subsection (c)
and by redesignating subsections (d), (e), (f), and (g) as subsection
(c), (d), (e), and (f), respectively.
(b) Conforming Amendments.--
(1) Section 7122(d)(3) is amended by inserting ``and'' at
the end of the subparagraph (A), by striking ``, and'' at the
end of subparagraph (B) and inserting a period, and by striking
subparagraph (C).
(2) Section 7122, as amended by this section, is amended by
adding at the end the following new subsection:
``(g) Application of User Fee.--In the case of any assessed tax or
other amounts imposed under this title with respect to such tax which
is the subject of an offer-in-compromise, such tax or other amounts
shall be reduced by any user fee imposed under this title with respect
to such offer-in-compromise.''.
(3) Section 6159(f) is amended by striking ``section
7122(e)'' and inserting ``section 7122(d)''.
(c) Effective Date.--The amendments made by this section shall
apply to offers submitted after the date of the enactment of this Act.
TITLE III--ASSISTANCE FOR IDENTITY THEFT VICTIMS AND LOW-INCOME
TAXPAYERS
SEC. 301. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT.
(a) In General.--Chapter 77 is amended by adding at the end the
following new section:
``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT.
``If the Secretary determines that there was an unauthorized use of
the identity of any taxpayer, the Secretary shall--
``(1) as soon as practicable and without jeopardizing an
investigation relating to tax administration, notify the
taxpayer, and
``(2) if any person is criminally charged by indictment or
information relating to such unauthorized use, notify such
taxpayer as soon as practicable of such charge.''.
(b) Clerical Amendment.--The table of sections for chapter 77 is
amended by adding at the end the following new item:
``Sec. 7529. Notification of suspected identity theft.''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 302. SINGLE POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury, or the Secretary's delegate, shall
establish new procedures to ensure that any taxpayer whose return has
been delayed or otherwise adversely affected due to identity theft has
a single point of contact at the Internal Revenue Service throughout
the processing of his or her case. The single point of contact shall
track the case of the taxpayer from start to finish and coordinate with
other specialized units to resolve case issues as quickly as possible.
SEC. 303. REFERRALS TO LOW-INCOME TAXPAYER CLINICS PERMITTED.
(a) In General.--Section 7526(c) is amended by adding at the end
the following new paragraph:
``(6) Treasury employees permitted to refer taxpayers to
qualified low-income taxpayer clinics.--Notwithstanding any
other provision of law, officers and employees of the
Department of the Treasury may refer taxpayers for advice and
assistance to qualified low-income taxpayer clinics receiving
funding under this section.''.
(b) Effective Date.--The amendment made by this section shall apply
to referrals made after the date of the enactment of this Act.
SEC. 304. EITC OUTREACH.
(a) In General.--Section 32 is amended by adding at the end the
following new subsection:
``(n) Notification of Potential Eligibility for Credit and
Refund.--
``(1) In general.--To the extent possible and on an annual
basis, the Secretary shall provide to each taxpayer who--
``(A) did not claim the credit under subsection (a)
for any preceding taxable year for which credit or
refund is not precluded by section 6511, and
``(B) may be allowed such credit for any such
taxable year based on return or return information (as
defined in section 6103(b)) available to the Secretary,
notice that such taxpayer may be eligible to claim such credit
and a refund for such taxable year.
``(2) Notice.--Notice provided under paragraph (1) shall be
in writing and sent to the last known address of the
taxpayer.''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2017.
TITLE IV--ENSURE TAXPAYER ACCESS TO COMPETENT TAX RETURN PREPARERS
SEC. 401. REGULATION OF TAX RETURN PREPARERS.
(a) In General.--Section 330(a) of title 31, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) regulate--
``(A) the practice of representatives of persons
before the Department of the Treasury; and
``(B) the practice of tax return preparers; and'',
and
(2) in paragraph (2)--
(A) by inserting ``or tax return preparer'' after
``representative'' each place it appears, and
(B) by inserting ``or in preparing their tax
returns, claims for refund, or documents in connection
with tax returns or claims for refund'' after ``cases''
in subparagraph (D).
(b) Authority To Sanction Regulated Tax Return Preparers.--Section
330(c) of title 31, United States Code, is amended--
(1) by inserting ``or tax return preparer'' after
``representative'' each place it appears, and
(2) in paragraph (4), by striking ``misleads or threatens''
and all that follows and inserting the following: ``misleads or
threatens--
``(A) any person being represented or any
prospective person being represented; or
``(B) any person or prospective person whose tax
return, claim for refund, or document in connection
with a tax return or claim for refund, is being or may
be prepared.''.
(c) Tax Return Preparer Defined.--Section 330 of title 31, United
States Code, is amended by adding at the end the following new
subsection:
``(f) Tax Return Preparer.--For purposes of this section--
``(1) In general.--The term `tax return preparer' has the
meaning given such term under section 7701(a)(36) of the
Internal Revenue Code of 1986.
``(2) Tax return.--The term `tax return' has the meaning
given to the term `return' under section 6696(e)(1) of such
Code.
``(3) Claim for refund.--The term `claim for refund' has
the meaning given such term under section 6696(e)(2) of such
Code.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to returns and claims for refund for taxable years
beginning after the date of the enactment of this Act.
SEC. 402. TAX INFORMATION DISCLOSURE RELATING TO TAX RETURN PREPARER
MISCONDUCT.
Section 6103(k) is amended by adding at the end the following new
paragraph:
``(13) Disclosure relating to tax return preparer
misconduct.--Under such procedures as the Secretary may
prescribe, the Secretary may disclose returns or return
information to the extent necessary to publish final decisions
by the Internal Revenue Service Office of Professional
Responsibility relating to tax return preparer misconduct.''.
TITLE V--INCREASE FUNDING FOR SERVICES TO TAXPAYERS
SEC. 501. LOW-INCOME TAXPAYER CLINICS.
(a) Increase in Authorized Grants.--Section 7526(c)(1) is amended
by striking ``$6,000,000'' and inserting ``$20,000,000''.
(b) Clerical Amendment.--Section 7526(c)(5) is amended by inserting
``qualified'' before ``low-income''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to grants made after the date of the enactment of
this Act.
SEC. 502. INTERNAL REVENUE SERVICE TAXPAYER SERVICES APPROPRIATIONS.
There is hereby appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September 30, 2017,
for necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,406,000,000. | Taxpayer Protection Act of 2016 This bill amends the Internal Revenue Code to establish additional requirements and procedures for collecting taxes, regulating tax preparers, responding to identity theft, and assisting low-income taxpayers. The bill repeals the authority of the Internal Revenue Service (IRS) to contract with private companies to collect federal tax debts. It also excludes from the gross income of an individual up to $10,000 of income from the discharge of a debt over the individual's lifetime. The bill requires the statute of limitations for a taxpayer's case to continue to run during a pending application for assistance from the National Taxpayer Advocate. The bill also: establishes limitations on IRS levies of retirement accounts, suspends the time limit for returning wrongfully levied property if a taxpayer is financially disabled, increases the grace period for withdrawing a frivolous return, and repeals the requirement to submit a partial payment with an offer-in-compromise to settle a tax liability. The IRS must notify victims of identity theft regarding an unauthorized use of the taxpayer's identity or the filing of criminal charges regarding the use of the identity. The IRS must also: (1) permit its employees to refer taxpayers to low-income taxpayer clinics, and (2) notify taxpayers who are eligible for the Earned Income Tax Credit. The IRS may regulate paid tax return preparers and disclose returns or return information necessary to publish decisions related to tax return preparer misconduct. The bill provides additional funding to the IRS for Taxpayer Services and increases the funding that the IRS may allocate to low-income taxpayer clinics. | {"src": "billsum_train", "title": "Taxpayer Protection Act of 2016"} | 4,606 | 346 | 0.527052 | 1.48863 | 0.712306 | 1.680782 | 11.928339 | 0.742671 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection Initiative of
1996''.
SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT
OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF
CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following new section:
``SEC. 926B. CARRYING OF CONCEALED FIREARMS BY QUALIFIED CURRENT AND
FORMER LAW ENFORCEMENT OFFICERS.
``(a) In General.--Notwithstanding any provision of the law of any
State or any political subdivision of a State, an individual may carry
a concealed firearm if that individual is--
``(1) a qualified law enforcement officer or a qualified
former law enforcement officer; and
``(2) carrying appropriate written identification.
``(b) Effect on Other Laws.--
``(1) Common carriers.--Nothing in this section shall be
construed to exempt from section 46505(b)(1) of title 49, any--
``(A) qualified law enforcement officer who does
not meet the requirements of section 46505(d) of title
49; or
``(B) qualified former law enforcement officer.
``(2) Federal laws.--Nothing in this section shall be
construed to supersede or limit any Federal law or regulation
prohibiting or restricting the possession of a firearm on any
Federal property, installation, building, base, or park.
``(3) State laws.--Nothing in this section shall be
construed to supersede or limit the laws of any State that--
``(A) grant rights to carry a concealed firearm
that are broader than the rights granted under this
section;
``(B) permit private persons or entities to
prohibit or restrict the possession of concealed
firearms on their property; or
``(C) prohibit or restrict the possession of
firearms on any State or local government property,
installation, building, base, or park.
``(c) Definitions.--As used in this section--
``(1) the term `appropriate written identification' means,
with respect to an individual, a document that--
``(A) was issued to the individual by the public
agency with which the individual serves or served as a
qualified law enforcement officer; and
``(B) identifies the holder of the document as a
current or former officer, agent, or employee of the
agency;
``(2) the term `qualified law enforcement officer' means an
individual authorized by law to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law;
``(3) the term `qualified former law enforcement officer'
means an individual who--
``(A) retired from service with a public agency,
other than for reasons of mental disability;
``(B) immediately before such retirement, was a
qualified law enforcement officer with that public
agency;
``(C) has a nonforfeitable right to benefits under
the retirement plan of the agency;
``(D) was not separated from service with a public
agency due to a disciplinary action by the agency that
prevented the carrying of a firearm;
``(E) meets such requirements as have been
established by the State in which the individual
resides with respect to--
``(i) training in the use of firearms; and
``(ii) carrying a concealed weapon; and
``(F) is not prohibited by Federal law from
receiving a firearm;
``(4) the term `qualified law enforcement officer' means an
officer, agent, or employee of a public agency who--
``(A) is a law enforcement officer;
``(B) is authorized by the agency to carry a
firearm in the course of duty;
``(C) is not the subject of a disciplinary action
by the agency that prevents the carrying of a firearm;
and
``(D) meets such requirements as have been
established by the agency with respect to firearms; and
``(5) the term `firearm' means any firearm that has, or of
which any component has, traveled in interstate or foreign
commerce.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
title 18, United States Code, is amended
by inserting after the item relating to section 926A the following new
item:
``926B. Carrying of concealed firearms by qualified current and former
law enforcement officers.''. | Community Protection Initiative of 1996 - Amends the Federal criminal code to exempt qualified current and former law enforcement officers carrying appropriate written identification from State and local laws prohibiting the carrying of a concealed firearm. | {"src": "billsum_train", "title": "Community Protection Initiative of 1996"} | 1,045 | 44 | 0.549026 | 1.194969 | 1.126558 | 3.216216 | 25.324324 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sandra Day O'Connor Civic Learning
Act of 2011''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Commissioner for Education
Statistics, in administering the National Assessment of Educational
Progress, should increase the sample size of students tested to improve
disaggregation and analysis of data regarding progress in history and
civics.
SEC. 3. CIVIC LEARNING GRANTS.
(a) In General.--Subpart 3 of part C of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is
amended--
(1) by repealing sections 2341 through 2344 and inserting
the following:
``SEC. 2341. CIVIC LEARNING GRANTS.
``(a) In General.--The Secretary may award competitive grants to
eligible entities for the development and implementation of programs to
promote civic learning and engagement.
``(b) Use of Funds.--An eligible entity shall use a grant received
under this section to develop and implement a program to promote civic
learning and engagement through instruction, professional development,
and evaluation activities that promote any of the following:
``(1) Equity through access to funding and program
benefits, including--
``(A) programs that meet the needs of students with
divergent learning styles, students of varying ethnic,
racial, and socio-economic backgrounds, and students
who are English language learners; and
``(B) resources that serve student populations that
have not traditionally received opportunities for high
quality, engaging civic learning, with a special
emphasis on inner-city and rural underserved students.
``(2) Innovation through design, settings, and delivery,
including service learning, interactive on-line programming,
and other approaches to engaging students in active learning
and civic participation.
``(3) Scalability through broad, cost-effective
implementation and institutionalization, including--
``(A) use of the latest technological developments;
``(B) an emphasis on programs designed to address
relevant State and National educational standards; and
``(C) utilization of low per-participant cost
models of expanding the number of active students and
teachers.
``(4) Accountability through assessment and identification
of best practice models, including--
``(A) independent research and evaluation to help
assess the effects of civic education programs on
students' knowledge, skills, and traits of character
essential for the preservation and improvement of
constitutional democracy;
``(B) identifying techniques that succeed with
traditionally underserved student populations; and
``(C) evaluation of teachers' knowledge and the
adequacy of the teaching facility.
``(c) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a nonprofit educational organization.''; and
(2) by redesignating sections 2345 and 2346 as sections
2342 and 2343, respectively.
(b) Conforming Changes.--
(1) Section 2342 of such Act (20 U.S.C. 6715), as
redesignated by subsection (a)(2), is amended--
(A) in subsection (a)--
(i) by striking ``organizations described
in section 2343(a)(3)'' each place it appears
and inserting ``organizations experienced in
the development of curricula and programs in
civics and government education and economic
education for students in elementary schools
and secondary schools in countries other than
the United States''; and
(ii) by striking ``use funds made available
under grants or contracts under section 2343
to'';
(B) in subsection (b), by striking ``the Center for
Civic Education, the National Council on Economic
Education, and organizations described in section
2343(a)(3)'' and inserting ``an entity specified in
subsection (a)'';
(C) in subsection (e), by striking ``described in
section 2343'' and inserting ``specified in subsection
(a)''; and
(D) in subsection (f)(2), by striking ``the Center
for Civic Education, the National Council on Economic
Education, or organizations described in section
2343(a)(3)'' and inserting ``an entity specified in
subsection (a)''.
(2) The table of contents of such Act (20 U.S.C. 6301 et
seq.) is amended by striking the items relating to sections
2341 through 2346 and inserting the following:
``2341. Civic learning grants.
``2342. Cooperative civic education and economic education exchange
programs.
``2343. Authorization of appropriations.''.
(c) Authorization of Appropriations.--Section 2343 of such Act (20
U.S.C. 6716), as redesignated by subsection (a)(2), is amended to read
as follows:
``SEC. 2343. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each of fiscal years
2013 through 2018--
``(1) $28,500,000 for grants under section 2341; and
``(2) $1,500,000 for programs under section 2342.''. | Sandra Day O'Connor Civic Learning Act of 2011 - Expresses the sense of Congress that the Commissioner for Education Statistics, in administering the National Assessment of Educational Progress, should increase the number of students tested to improve disaggregation and analysis of data regarding progress in history and civics.
Amends part C (Innovation for Teacher Quality) of title II of the Elementary and Secondary Education Act of 1965 to repeal We the People, a Civic Education program, and replace it with a program awarding competitive grants to nonprofit educational organizations to develop and implement programs that promote civic learning and engagement through instruction, professional development, and evaluations.
Requires such programs to promote: (1) equity through access to funding and program benefits; (2) innovation through design, settings, and delivery; (3) scalability through broad, cost-effective implementation and institutionalization; and (4) accountability through program assessments and the identification of best practices. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to award grants to promote civic learning and engagement, and for other purposes."} | 1,145 | 194 | 0.688905 | 1.87676 | 1.005462 | 5.259887 | 5.903955 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical-Legal Partnership for Health
Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Numerous studies and reports, including the annual
National Healthcare Disparities Report and Unequal Treatment,
the 2002 Institute of Medicine Report, document the
extensiveness to which vulnerable populations suffer from
health disparities across the country.
(2) These studies have found that, on average, racial and
ethnic minorities and low-income populations are
disproportionately afflicted with chronic and acute conditions
such as asthma, cancer, diabetes, and hypertension and suffer
worse health outcomes, worse health status, and higher
mortality rates.
(3) Several recent studies also show that health and
healthcare quality are a function of not only access to
healthcare, but also the social determinants of health,
including the environment, the physical structure of
communities, socio-economic status, nutrition, educational
attainment, employment, race, ethnicity, geography, and
language preference, that directly and indirectly affect the
health, healthcare, and wellness of individuals and
communities.
(4) Formally integrating medical and legal professionals in
the health setting can more effectively address the health
needs of vulnerable populations and ultimately reduce health
disparities.
(5) All over the United States, healthcare providers who
take care of low-income individuals and families are partnering
with legal professionals to assist them in providing better
quality of healthcare.
(6) Medical-legal partnerships integrate lawyers in a
health setting to help patients navigate the complex
government, legal, and service systems in addressing social
determinants of health, such as income supports for food
insecure families and mold removal from the home of asthmatics.
(b) Purposes.--The purposes of this Act are to--
(1) support and advance opportunity for medical-legal
partnerships to be more fully integrated in healthcare settings
nationwide;
(2) to improve the quality of care for vulnerable
populations by reducing health disparities among health
disparities populations and addressing the social determinants
of health; and
(3) identify and develop cost-effective strategies that
will improve patient outcomes and realize savings for
healthcare systems.
SEC. 3. MEDICAL-LEGAL PARTNERSHIPS.
(a) In General.--The Secretary of Health and Human Services shall
establish a nationwide demonstration project consisting of--
(1) awarding grants to, and entering into contracts with,
medical-legal partnerships to assist patients and their
families to navigate programs and activities; and
(2) evaluating the effectiveness of such partnerships.
(b) Technical Assistance.--
(1) In general.--The Secretary may, directly or through
grants or contracts, provide technical assistance to grantees
under subsection (a)(1) or through a national organization
described in paragraph (2) to support the establishment and
sustainability of medical-legal partnerships. Not to exceed 5
percent of the amount appropriated to carry out this section in
a fiscal year may be used for purposes of this subsection.
(2) National organization described.--A national
organization described in this paragraph is a national
organization experienced in bringing together both the medical
and legal professions on behalf of vulnerable populations.
(c) Use of Funds.--Amounts received as a grant or pursuant to a
contract under this section shall be used to assist patients and their
families to navigate health-related programs and activities for
purposes of achieving one or more of the following goals:
(1) Enhancing access to health care services.
(2) Improving health outcomes for low-income individuals,
as defined in subsection (h).
(3) Reducing health disparities among health disparities
populations.
(4) Enhancing wellness and prevention of chronic conditions
and other health problems.
(5) Reducing cost of care to the healthcare system.
(6) Addressing the social determinants of health.
(7) Addressing situational factors that contribute to poor
health, such as poor housing.
(d) Application.--To be eligible to receive a grant or contract
under this section, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including information
demonstrating that the applicant has experience in bridging the medical
and legal professions or a strategy or plan for cultivating and
building medical-legal partnerships.
(e) Matching Requirement.--For each fiscal year, the Secretary may
not award a grant or contract under this section to an entity unless
the entity agrees to make available non-Federal contributions (which
may include in-kind contributions) toward the costs of a grant or
contract awarded under this section in an amount that is not less than
$1 for each $10 of Federal funds provided under the grant or contract.
(f) Prohibition.--No funds under this section may be used--
(1) for any medical malpractice action or proceeding;
(2) to provide any State or local public benefit (as
defined in section 411(c) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c))
to an alien who is not--
(A) a qualified alien (as defined in section 431 of
the Immigration and Nationality Act);
(B) a nonimmigrant under the Immigration and
Nationality Act; or
(C) an alien who is paroled into the United States
under section 212(d)(5) of such Act for less than one
year; or
(3) to provide legal assistance with respect to any
proceeding or litigation which seeks to procure an abortion or
to compel any individual or institution to perform an abortion,
or assist in the performance of an abortion.
(g) Reports.--
(1) Final report by secretary.--Not later than 6 months
after the date of the completion of the demonstration project
under this section, the Secretary shall conduct a study of the
results of the project and submit to the Congress a report on
such results that includes the following:
(A) An evaluation of the project outcomes,
including--
(i) a description of the extent to which
medical-legal partnerships funded through this
section achieved the purposes described in
section 2(b);
(ii) quantitative and qualitative analysis
of baseline and benchmark measures of the
project's impact as delineated under subsection
(c); and
(iii) aggregate information about the
individuals served and project activities.
(B) Recommendations on whether the activities
funded under this section could be used to improve
patient outcomes in other public health areas.
(2) Interim reports by secretary.--The Secretary may
provide interim reports to the Congress on the demonstration
project under this section at such intervals as the Secretary
determines to be appropriate.
(3) Reports by grantees.--The Secretary may require each
recipient of a grant or contract under this section to submit
interim and final reports on the activities carried out by such
recipient with such grant.
(h) Definitions.--In this section:
(1) The term ``health disparities populations'' has the
meaning given such term in section 485E(d) of the Public Health
Service Act.
(2) The term ``low-income individuals'' refers to the
population of individuals and families who earn up to 200
percent of the Federal poverty level applicable to the size of
the family involved.
(3) The term ``medical-legal partnership'' means an
entity--
(A) that is a partnership between--
(i) a community health center, public
hospital, children's hospital, or other
provider of health care services to a
significant number of low-income individuals;
and
(ii) one or more legal professionals; and
(B) whose primary mission is to assist patients and
their families navigate health-related programs,
activities, and services through the provision of
relevant civil legal assistance on-site in the
healthcare setting involved, in conjunction with
regular training for healthcare staff and providers
regarding the connections between legal interventions,
social determinants, and health of low-income
individuals.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(i) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary, but not to exceed $10,000,000, for each of the
fiscal years 2011 through 2015.
(2) Limitation.--Of the amounts appropriated pursuant to
paragraph (1) for a fiscal year, the Secretary may obligate not
more than 5 percent for the administrative expenses of the
Secretary in carrying out this section. | Medical-Legal Partnership for Health Act - Directs the Secretary of Health and Human Services (HHS) to establish a nationwide demonstration project to: (1) award matching grants or enter into contracts with medical-legal partnerships to assist patients and their families in navigating health-related programs and activities; and (2) evaluate the effectiveness of such partnerships.
Authorizes the Secretary to provide technical assistance to grantees to support the establishment and sustainability of medical-legal partnerships.
Requires amounts received under this Act to be used to achieve one or more of the following goals: (1) enhancing access to health care services; (2) improving health outcomes for low-income individuals; (3) reducing health disparities among health disparities populations; (4) enhancing wellness and prevention of chronic conditions and other health problems; (5) reducing cost of care to the health care system; (6) addressing the social determinants of health; and (7) addressing situational factors that contribute to poor health, such as poor housing.
Prohibits funds under this Act from being used: (1) for any medical malpractice action or proceeding; (2) to provide any state or local public benefit to an alien who is not a qualified alien or a nonimmigrant under the Immigration and Nationality Act or an alien who is paroled into the United States under such Act for less than one year; or (3) to provide legal assistance with respect to any proceeding or litigation which seeks to procure an abortion or to compel any individual or institution to perform or assist in the performance of an abortion.
Requires the Secretary to study and report to Congress on the results of such project. | {"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to establish a demonstration project to award grants to, and enter into contracts with, medical-legal partnerships to assist patients and their families to navigate health-related programs and activities."} | 1,817 | 343 | 0.630582 | 2.13157 | 0.835091 | 6.280864 | 5.453704 | 0.966049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteed Access for SCHIP's Target
Population Act of 2007''.
SEC. 2. ADDITIONAL ALLOTMENTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2007.
(a) In General.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006 (Public Law 109-482), is
amended--
(1) in the heading for paragraph (2), by striking
``remainder of reduction'' and inserting ``part'';
(2) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively; and
(3) by inserting after paragraph (3), the following:
``(4) Additional allotments to address fiscal year 2007
funding shortfalls.--
``(A) Allotment authority.--From the amount made
available under subparagraph (F) for additional
allotments under this paragraph, subject to
subparagraphs (C) and (D), the Secretary shall allot to
each remaining shortfall State described in
subparagraph (B) such amount as the Secretary
determines will eliminate the estimated shortfall
described in such subparagraph for the State for fiscal
year 2007.
``(B) Remaining shortfall state described.--For
purposes of subparagraph (A), a remaining shortfall
State is a State with a State child health plan
approved under this title for which the Secretary
estimates, on the basis of the most recent data
available to the Secretary as of the date of the
enactment of this paragraph, that the projected Federal
expenditures under such plan for the State for fiscal
year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount of the State's allotment
for fiscal year 2007; and
``(iii) the amounts, if any, that are to be
redistributed to the State during fiscal year
2007 in accordance with paragraphs (1) and (2).
``(C) Expenditure rules.--
``(i) Coverage only for populations
eligible on october 1, 2006.--Subparagraph (A)
of paragraph (5) shall apply to the expenditure
of amounts allotted to remaining shortfall
States under this paragraph in the same manner
as such subparagraph applies to the expenditure
of amounts redistributed under paragraphs (1)
and (2) of this subsection.
``(ii) Coverage only for children or
pregnant women with income that does not exceed
200 percent of poverty.--A remaining shortfall
State shall use amounts allotted under this
paragraph only for expenditures for providing
child health assistance or other health
benefits coverage to an individual who is a
child or pregnant woman who is eligible for
such assistance or coverage under the State
child health plan and whose family income does
not exceed 200 percent of the poverty line for
a family of the size involved. For purposes of
the preceding sentence, a child's or pregnant
woman's family income shall be determined
solely on the basis of adjusted gross income
and without regard to any income or resource
methodologies applied under the State child
health plan for purposes of determining
eligibility under such plan.
``(D) Proration rule.--If the amount available
under subparagraph (F) is less than the total amount of
the estimated shortfalls determined by the Secretary
under subparagraph (A), the amount of the estimated
shortfall for each remaining shortfall State determined
under such subparagraph shall be reduced
proportionally.
``(E) Rule of construction.--Nothing in this
subparagraph shall be construed as prohibiting a State
from using non-Federal funds to provide child health
assistance or other health benefits coverage for
individuals who are not described in subparagraph
(C)(ii) and paragraph (5)(A) and are otherwise eligible
for such assistance or coverage under the State child
health plan.
``(F) Appropriation; allotment authority.--For the
purpose of providing additional allotments to remaining
shortfall States under this paragraph there is
appropriated, out of any funds in the Treasury not
otherwise appropriated, $750,000,000 for fiscal year
2007.''.
(b) Additional Conforming Amendments.--Section 2104(h) of such Act
(42 U.S.C. 1397dd(h)) (as so added), is further amended--
(1) in paragraph (1)(B), by striking ``paragraph (4)(B)''
and inserting ``paragraph (5)(B)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``paragraph
(5)(B)'' and inserting ``subparagraph (6)(B)''; and
(B) in subparagraph (B), by striking ``paragraph
(4)(B)'' and inserting ``paragraph (5)(B)'';
(3) in paragraph (6)(A) (as redesignated by subsection
(a)(2)), by striking ``and (3)'' and inserting ``(3), and
(4)''; and
(4) in paragraph (7) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after
``redistributed''; and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) in the second sentence, by striking ``and (3)
in accordance with paragraph (5)'' and inserting ``(3),
and (4) in accordance with paragraph (6)''.
SEC. 3. ELIMINATION OF STATE OPTION TO INCREASE CAP AMOUNT ON
INDIVIDUALS' EQUITY ASSET TEST FOR ELIGIBILITY FOR LONG-
TERM CARE ASSISTANCE UNDER MEDICAID.
(a) In General.--Section 1917(f)(1) of the Social Security Act (42
U.S.C. 1396p(f)(1)) is amended by striking subparagraph (B).
(b) Conforming Amendments.--Such section is further amended--
(1) in subparagraph (A), by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraph (B)'';
(2) by redesignating subparagraph (C) as subparagraph (B);
and
(3) in subparagraph (B), as so redesignated, by striking
``dollar amounts'' and inserting ``dollar amount''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who are determined eligible for medical assistance
with respect to nursing facility services or other long-term care
services based on an application filed on or after the date of the
enactment of this section. | Guaranteed Access for SCHIP's Target Population Act of 2007 - Amends title XXI (State Children's Health Insurance (SCHIP) of the Social Security (SSA) Act to provide additional allotments to address SCHIP FY2007 funding shortfalls.
Amends SSA title XIX to eliminate the state option to increase cap amount on individual's equity asset test for eligibility for long-term care assistance under Medicaid. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to make available additional amounts to address the funding shortfalls in the State Children's Health Insurance Program for fiscal year 2007."} | 1,600 | 101 | 0.491628 | 1.286516 | 0.601941 | 3.438356 | 18.726027 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Medical Education Reform
Act of 2012''.
SEC. 2. MEDICARE INDIRECT MEDICAL EDUCATION PERFORMANCE ADJUSTMENT.
Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is
amended by adding at the end the following new subsection:
``(t) Indirect Medical Education Performance Adjustments.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary shall establish and implement
procedures under which the amount of payments that a hospital
(as defined in paragraph (11)(A)) would otherwise receive for
indirect medical education costs under subsection (d)(5)(B) for
discharges occurring during a fiscal year is adjusted based on
the reporting of measures and the performance of the hospital
on measures of patient care priorities specified by the
Secretary.
``(2) Adjustments to begin in fiscal year 2017.--The
adjustments shall apply to payments for discharges occurring--
``(A) with respect to the adjustments for reporting
under paragraph (8)(A), during fiscal year 2017; and
``(B) with respect to the adjustments for
performance under paragraph (8)(B), on or after October
1, 2017.
``(3) Measures.--The measures of patient care priorities
specified by the Secretary under this subsection shall include
the extent of training provided in--
``(A) the delivery of services categorized as
evaluation and management codes by the Centers for
Medicare & Medicaid Services;
``(B) a variety of settings and systems;
``(C) the coordination of patient care across
settings;
``(D) the relevant cost and value of various
diagnostic and treatment options;
``(E) interprofessional and multidisciplinary care
teams;
``(F) methods for identifying system errors and
implementing system solutions; and
``(G) the use of health information technology.
``(4) Measure development process.--
``(A) In general.--The measures of patient care
specified by the Secretary under this subsection--
``(i) shall--
``(I) be measures that have been
adopted or endorsed by an accrediting
organization (such as the Accreditation
Council for Graduate Medical Education
or the Commission on Osteopathic
College Accreditation); and
``(II) be measures that the
Secretary identifies as having used a
consensus-based process for developing
such measures; and
``(ii) may include measures that have been
submitted by teaching hospitals, medical
schools, and other stakeholders.
``(B) Proposed set of initial measures.--Not later
than July 1, 2014, the Secretary shall publish in the
Federal Register a proposed initial set of measures for
use under this subsection. The Secretary shall provide
for a period of public comment on such measures.
``(C) Final set of initial measures.--Not later
than January 1, 2015, the Secretary shall publish in
the Federal Register the set of initial measures to be
specified by the Secretary for use under this
subsection.
``(D) Update of measures.--The Secretary may,
through notice and comment rulemaking, periodically
update the measures specified under this subsection
pursuant to the requirements under subparagraph (A).
``(5) Performance standards.--The Secretary shall establish
performance standards with respect to measures specified by the
Secretary under this subsection for a performance period for a
fiscal year (as established under paragraph (6)).
``(6) Performance period.--The Secretary shall establish
the performance period for a fiscal year. Such performance
period shall begin and end prior to the beginning of such
fiscal year.
``(7) Reporting of measures.--The procedures established
and implemented under paragraph (1) shall include a process
under which hospitals shall submit data on the measures
specified by the Secretary under this subsection to the
Secretary in a form and manner, and at a time, specified by the
Secretary for purposes of this subsection.
``(8) Adjustments.--
``(A) Reporting for fiscal year 2017.--For fiscal
year 2017, in the case of a hospital that does not
submit, to the Secretary in accordance with this
subsection, data required to be submitted under
paragraph (7) for a period (determined appropriate by
the Secretary) for such fiscal year, the total amount
that the hospital would otherwise receive under
subsection (d)(5)(B) for discharges in such fiscal year
shall be reduced by 0.5 percent.
``(B) Performance for fiscal year 2018 and
subsequent fiscal years.--
``(i) In general.--Subject to clause (ii),
based on the performance of each hospital with
respect to compliance with the measures for a
performance period for a fiscal year (beginning
with fiscal year 2018), the Secretary shall
determine the amount of any adjustment under
this subparagraph to payments to the hospital
under subsection (d)(5)(B) for discharges in
such fiscal year. Such adjustment may not
exceed an amount equal to 3 percent of the
total amount that the hospital would otherwise
receive under such subsection for discharges in
such fiscal year.
``(ii) Budget neutral.--In making
adjustments under this subparagraph, the
Secretary shall ensure that the total amount of
payments made to all hospitals under subsection
(d)(5)(B) for discharges in a fiscal year is
equal to the total amount of payments that
would have been made to such hospitals under
such subsection for discharges in such fiscal
year if this subsection had not been enacted.
``(9) No effect in subsequent fiscal years.--Any adjustment
under subparagraph (A) or (B) of paragraph (8) shall apply only
with respect to the fiscal year involved, and the Secretary
shall not take into account any such adjustment in making
payments to a hospital under this section in a subsequent
fiscal year.
``(10) Evaluation of submission of performance measures.--
Not later January 1, 2017, the Secretary shall submit to
Congress a report on the implementation of this subsection,
including--
``(A) the measure development procedures, including
any barriers to measure development;
``(B) the compliance with reporting on the
performance measures, including any barriers to such
compliance; and
``(C) recommendations to address any barriers
described in subparagraph (A) or (B).
``(11) Definition of hospital.--In this subsection, the
term `hospital' means a hospital the receives payments under
subsection (d)(5)(B).''.
SEC. 3. INCREASING GRADUATE MEDICAL EDUCATION TRANSPARENCY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary of Health
and Human Services shall submit to Congress and the National Health
Care Workforce Commission a report on the graduate medical education
payments that hospitals receive under the Medicare program. The report
shall include the following information with respect to each hospital
that receives such payments:
(1) The direct graduate medical education payments made to
the hospital under section 1886(h) of the Social Security Act
(42 U.S.C. 1395ww(h)).
(2) The total costs of direct graduate medical education to
the hospital as reported on the annual Medicare Cost Reports.
(3) The indirect medical education payments made to the
hospital under section 1886(d)(5)(B) of such Act (42 U.S.C.
1395ww(d)(1)(B)).
(4) The number of full-time-equivalent residents counted
for purposes of making the payments described in paragraph (1).
(5) The number of full-time-equivalent residents counted
for purposes of making the payments described in paragraph (3).
(6) The number of full-time-equivalent residents, if any,
that are not counted for purposes of making payments described
in paragraph (1).
(7) The number of full-time-equivalent residents, if any,
that are not counted for purposes of making payments described
in paragraph (3).
(8) The factors contributing to the higher costs of patient
care provided by the hospital, including--
(A) the costs of trauma, burn, other standby
services;
(B) translation services for disabled or non-
english speaking patients;
(C) the cost of uncompensated care;
(D) financial losses with respect to Medicaid
patients; and
(E) uncompensated costs of clinical research. | Graduate Medical Education Reform Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish and implement procedures under which, beginning in FY2017, the amount of payments that a hospital would otherwise receive for indirect graduate medical education (GME) costs for discharges during a fiscal year is adjusted based on the hospital's performance on measures of patient care priorities.
Requires the Secretary to specify measures of patient care priorities, including the extent of training provided in: (1) the delivery of services categorized as evaluation and management codes by the Centers for Medicare and Medicaid Services, (2) a variety of settings and systems, (3) the coordination of patient care across settings, (4) the relevant cost and value of various diagnostic and treatment options, (5) interprofessionality and multidisciplinary care teams, (6) methods for identifying system errors and implementing system solutions, and (7) the use of health information technology.
Requires such measures of patient care to be: (1) adopted or endorsed by an accrediting organization, and (2) consensus-based. Allows such measures to include any submitted by teaching hospitals, medical schools, and other stakeholders.
Directs the Secretary to report to Congress and the National Health Care Workforce Commission on the GME payments hospitals receive under Medicare. | {"src": "billsum_train", "title": "A bill to reform graduate medical education payments, and for other purposes."} | 1,814 | 287 | 0.692742 | 2.04765 | 0.834669 | 3.750943 | 6.516981 | 0.950943 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teach For America Act of 2007''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to increase the number of highly accomplished recent
graduates of 4-year institutions of higher education teaching
in underserved urban and rural communities in the United
States;
(2) to increase the number of school districts and
communities served by a nationally recruited corps of
outstanding new teachers; and
(3) to build a broader pipeline of talented and experienced
future leaders in public education and education reform.
SEC. 3. DEFINITIONS.
In this Act:
(1) In general.--The terms ``highly qualified'', ``local
educational agency'', and ``Secretary'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Grantee.--The term ``grantee'' means Teach For America,
Inc.
(3) High-need.--The term ``high-need'', when used with
respect to a local educational agency, means a local
educational agency that serves a substantial percentage of
students who are eligible for free or reduced price meals under
the Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
SEC. 4. GRANT PROGRAM AUTHORIZED.
The Secretary is authorized to award a grant to Teach For America,
Inc., the national corps of outstanding recent graduates of 4-year
institutions of higher education who commit to teach for 2 years in
underserved communities in the United States, to enable the grantee to
implement and expand its program of recruiting, selecting, training,
and supporting new teachers.
SEC. 5. GRANT REQUIREMENTS.
In carrying out the grant program under this Act, the Secretary
shall enter into an agreement with the grantee under which the grantee
agrees to use the grant funds--
(1) to provide highly qualified teachers to high-need local
educational agencies in urban and rural communities;
(2) to pay the cost of recruiting, selecting, training, and
supporting new teachers; and
(3) to serve a substantial percentage of students who are
eligible for free or reduced price meals under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
SEC. 6. AUTHORIZED ACTIVITIES.
Grant funds provided under this Act shall be used by the grantee to
carry out each of the following activities:
(1) Recruiting and selecting teachers through a highly
selective national process.
(2) Providing preservice training to selected teachers
through a rigorous summer institute that includes hands-on
teaching experience and significant exposure to education
coursework and theory.
(3) Placing selected teachers in schools and positions in
high-need local educational agencies.
(4) Providing ongoing professional development activities
for the selected teachers in the classroom, including regular
classroom observations and feedback, and ongoing training and
support.
SEC. 7. EVALUATION.
(a) Annual Report.--The grantee shall provide to the Secretary an
annual report that includes--
(1) data on the number and characteristics of the teachers
provided to high-need local educational agencies through the
grant under this part;
(2) an externally conducted analysis of the satisfaction of
local educational agencies and principals with the teachers so
provided; and
(3) comprehensive data on the background of the selected
teachers, the training such teachers received, the placement
sites of the teachers, the professional development of the
teachers, and the retention of the teachers.
(b) Study.--From amounts appropriated under section 8, the
Secretary shall provide for a study comparing the academic achievement
of students taught by the teachers selected, trained, and placed by the
grantee under this Act with the academic achievement of students taught
by other teachers in the same schools and positions. The Secretary
shall provide for such a study not less than once every 3 years, and
each such study shall include multiple local educational agencies. Each
such study shall meet the peer-review standards of the education
research community.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $15,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009;
(3) $20,000,000 for fiscal year 2010; and
(4) such sums as may be necessary for each of the fiscal
years 2011 and 2012. | Teach for America Act of 2007- Authorizes the Secretary of Education to award a grant to Teach For America, Inc. to implement and expand its program of recruiting, selecting, training, and supporting new teachers.
Requires that grant funds be used to provide teachers to local educational agencies that serve a substantial percentage of students eligible for free or reduced price meals under the Richard B. Russell National School Lunch Act.
Directs the Secretary of Education to provide for a study, at least once every three years, comparing the academic achievement of students taught by teachers assisted by this Act with the academic achievement of students taught by other teachers in the same schools and positions. | {"src": "billsum_train", "title": "A bill to award a grant to enable Teach for America, Inc., to implement and expand its teaching program."} | 1,019 | 140 | 0.516317 | 1.260595 | 0.625484 | 5.952381 | 7.68254 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Base Security Act''.
SEC. 2. PILOT AND DEMONSTRATION PROGRAM FOR MILITARY INSTALLATIONS IN
NEW JERSEY.
(a) Pilot and Demonstration Program.--The Secretary of Defense,
acting through the Office of the Secretary of Defense, shall develop a
pilot and demonstration program in the State of New Jersey, and in one
or more additional States or regions selected by the Secretary, to
develop and explore policies, procedures, and practices that improve
the level of security, reliability, quality, and economic efficiency of
defense contractors and subcontractors used for construction,
renovation, maintenance, and repair services on military installations.
(b) Program Goals and Requirements.--The goals and requirements of
the pilot and demonstration program developed under subsection (a)
shall be to identify, develop, and implement strategies that--
(1) minimize risks to national security caused by the
employment of illegal or improperly documented contract workers
on military installations;
(2) ensure that all necessary and reasonable precautions
are taken by the Department of Defense and its contractors and
subcontractors to conduct effective background checks and other
appropriate security clearance procedures of contract
employees, including management employees, professionals, craft
labor personnel, and administrative personnel, to avoid the
employment of persons who may pose a risk to military
installations or otherwise present a threat to national
security; and
(3) promote greater contracting opportunities for
contractors and subcontractors offering effective, reliable
staffing plans to perform defense contracts that ensure all
contract personnel employed for such projects, including
management employees, professional employees, craft labor
personnel, and administrative personnel, are lawful residents
or persons properly authorized to be employed in the United
States and properly qualified to perform services required
under the contract.
(c) Requirements for Security Procedures.--In developing the pilot
and demonstration program under subsection (a), the Secretary of
Defense shall review existing policies, procedures, and practices
pertaining to security clearances required for access to military
installations, including national agency checks, background
investigations and other security clearance procedures. The Secretary
also shall--
(1) identify potential weaknesses and areas for improvement
in existing security policies, procedures, and practices;
(2) develop and implement reforms to strengthen, upgrade,
and improve security clearance policies, procedures, and
practices of the Department of Defense and its contractors and
subcontractors;
(3) utilize the social security number verification
service, maintained and operated by the Social Security
Administration, to review social security numbers of employees
of contractors and subcontractors employed on military
installations and detect the use of false or fraudulent
identification documents used by contract employees;
(4) cooperate with appropriate Federal, State and local
agencies and authorities, including the Secretary of Homeland
Security, the U.S. Attorney for New Jersey, the New Jersey
Motor Vehicles Commission, and the New Jersey State Police, as
well as local communities, to detect and prosecute the use of
false or fraudulent identification documents by contract
employees on military installations;
(5) impose maximum sanctions, including criminal
prosecution, civil penalties, and debarment against any
employer which willfully or recklessly violates immigration
laws in connection with persons employed for defense contracts;
and
(6) review and analyze reforms developed pursuant to this
subsection to identify for purposes of national implementation
those which are most efficient and effective.
(d) Requirements for Contracting and Procurement Procedures.--In
developing the pilot and demonstration program, the Secretary of
Defense shall review existing policies, procedures, and practices
pertaining to manner in which it procures and contracts for
construction, renovation, maintenance, and repair services for military
installations. The Secretary also shall--
(1) expand, to the greatest extent practicable, the use by
the Department of Defense of contracting by competitive
proposals, regulated under Part 15 of the Federal Acquisition
Regulation, for construction, renovation, maintenance, and
repair services for military installations;
(2) identify, develop, and implement reforms in the
competitive proposal contracting process of the Department of
Defense to improve the level of security, reliability, and
economic efficiency of contractors and subcontractors used for
construction, renovation, maintenance, and repair services on
military installations, including--
(A) provision in contract solicitations and request
for proposal documents to require significant weight or
credit be allocated to reliable, effective workforce
security programs offered by prospective contractors
and subcontractors, which provide security clearance
procedures, background checks, and other measures for
contract employees, beyond the minimum security
requirements imposed by the Secretary of Defense, which
serve to promote security on military installations;
and
(B) provision in contract solicitations and request
for proposal documents to require significant weight or
credit be allocated reliable, effective project
staffing plans offered by prospective contractors and
subcontractors, which specify for all contract
employees, including management employees,
professionals, and craft labor personnel, the skills,
training, and qualifications of such persons and the
labor supply sources and hiring plans or procedures
used for employing such persons; and
(3) review and analyze reforms developed pursuant to this
subsection to identify for purposes of national implementation
those which are most efficient and effective.
(e) Implementation.--The Secretary of Defense shall begin operation
of the pilot and demonstration program required under this Act not
later than 90 days after the date of the enactment of this Act.
(f) Reporting Requirements.--For purposes of monitoring and
evaluating the progress of the pilot and demonstration program required
under this section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
(1) an initial report, not later than 90 days after
operation of the pilot and demonstration program begins,
setting forth the reforms instituted and other progress made in
the implementation of the pilot and demonstration program
required under this section;
(2) biannual reports, setting forth in detail the reforms
instituted and other progress made in the implementation of the
program; and
(3) a final report, not later than 2 years after operation
of the pilot and demonstration program begins, setting forth a
review of the pilot and demonstration program and
recommendations on possible nationwide implementation of the
program.
(g) Definition.--In this section, the term ``military
installation'' means a base, camp, post, station, yard, center,
homeport facility for any ship, or other activity under the
jurisdiction of the Department of Defense, including any leased
facility, which is located within any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, American Samoa,
the Virgin Islands, or Guam. Such term does not include any facility
used primarily for civil works, rivers and harbors projects, or flood
control projects. | Military Base Security Act - Requires the Secretary of Defense to develop a pilot and demonstration program in New Jersey, and in one or more additional States or regions, to develop and explore policies, procedures, and practices that improve the level of security, reliability, quality, and economic efficiency of defense contractors and subcontractors used for construction, renovation, maintenance, and repair services on military installations. Directs the Secretary, as part of such program, to review: (1) security clearance procedures; and (2) contracting and procurement procedures. | {"src": "billsum_train", "title": "To establish a pilot and demonstration program in New Jersey and elsewhere to improve security on military installations and to improve the quality of defense contractors and subcontractors."} | 1,395 | 110 | 0.688514 | 1.798695 | 1.453873 | 6.538462 | 13.384615 | 0.961538 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Defense Energy Security Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Pilot program on military use of energy savings performance
contracts for mobile and other nonbuilding
applications.
Sec. 3. Report of effectiveness of tactical vehicle research regarding
energy efficiency.
Sec. 4. Additional research to improve military vehicle technology to
increase fuel economy or reduce fuel
consumption of military vehicles used in
combat.
Sec. 5. Establishment of repository for operational energy-related
research and development efforts of
Department of Defense.
Sec. 6. Study on power storage capacity requirement.
Sec. 7. Establishment of Department of Defense alternative fueled
vehicle infrastructure fund.
Sec. 8. Secure energy innovation program.
Sec. 9. Authority to use Energy Savings Investment Fund for energy
management initiatives.
Sec. 10. Report on energy performance initiatives.
Sec. 11. Report on military readiness to deal with expected increased
water shortages, instances of wildfire,
increased drought, flooding due to sea
level rise, and coastal erosion from storm
surges.
SEC. 2. PILOT PROGRAM ON MILITARY USE OF ENERGY SAVINGS PERFORMANCE
CONTRACTS FOR MOBILE AND OTHER NONBUILDING APPLICATIONS.
(a) Program Authorized.--The Secretary of a military department may
carry out a pilot program under which the Secretary will enter into
energy savings performance contracts under the authority of section 801
of the National Energy Conservation Policy Act (42 U.S.C. 8287) for the
purpose of achieving direct energy savings and secondary savings in
mobile assets of the Armed Forces under the jurisdiction of the
Secretary and other nonbuilding applications of the military
department.
(b) Implementation Report.--Not later than two years after entering
into the first energy savings performance contract under the pilot
program, the Secretary of the military department concerned shall
submit to Congress a report describing the implementation of the pilot
program, including the number of energy savings performance contracts
executed, the types of mobile assets and other nonbuilding applications
covered, and the direct energy savings and secondary savings achieved.
(c) Definitions.--In this section:
(1) Mobile asset and nonbuilding application.--The terms
``mobile asset'' and ``nonbuilding application'' mean--
(A) any class of vehicles, devices, or equipment
that--
(i) is transportable under the power of the
applicable vehicle, device, or equipment by
land, sea, or air; and
(ii) consumes energy from any fuel source
for the purpose of--
(I) that transportation; or
(II) maintaining a controlled
environment within the vehicle, device,
or equipment; and
(B) any federally owned equipment used to generate
electricity or transport water.
(2) Secondary savings.--The term ``secondary savings''
means additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to an energy savings performance contract. The term
includes--
(A) energy and cost savings that result from a
reduction in the need for fuel delivery and logistical
support;
(B) personnel cost savings and environmental
benefits; and
(C) in the case of electric generation equipment,
the benefits of increased efficiency in the production
of electricity, including revenues received by the
Federal Government from the sale of electricity from
the production.
(d) Termination.--The authority to enter into an energy savings
performance contract under the pilot program terminates September 30,
2041.
SEC. 3. REPORT OF EFFECTIVENESS OF TACTICAL VEHICLE RESEARCH REGARDING
ENERGY EFFICIENCY.
Not later than one year after the date of the enactment of this
Act, the Secretary of the Army shall submit to Congress a report
describing all Army research since October 1, 2010--
(1) on technologies that may improve the range and
endurance of tactical vehicles, without increasing fuel demand,
thereby also reducing the vulnerability of tactical supply
lines to attacks; and
(2) on auxiliary power units, batteries, and other engine
technologies for running ``hotel'' loads and surveillance
systems during silent watch, including plans for incorporating
these technologies into programs of record or new acquisitions.
SEC. 4. ADDITIONAL RESEARCH TO IMPROVE MILITARY VEHICLE TECHNOLOGY TO
INCREASE FUEL ECONOMY OR REDUCE FUEL CONSUMPTION OF
MILITARY VEHICLES USED IN COMBAT.
(a) Research Authorized.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Research and Engineering and in
collaboration with the Secretary of the Army and the Secretary of the
Navy, may carry out research to improve military vehicle technology to
increase fuel economy or reduce fuel consumption of military vehicles
used in combat.
(b) Previous Successes.--The Secretary of Defense shall ensure that
research carried out under subsection (a) takes into account the
successes of, and lessons learned during, the development of the Fuel
Efficient Ground Vehicle Alpha and Bravo programs to identify, assess,
develop, demonstrate, and prototype technologies that support
increasing fuel economy and decreasing fuel consumption of light
tactical vehicles, while balancing survivability.
SEC. 5. ESTABLISHMENT OF REPOSITORY FOR OPERATIONAL ENERGY-RELATED
RESEARCH AND DEVELOPMENT EFFORTS OF DEPARTMENT OF
DEFENSE.
(a) Repository Required.--Not later than December 31, 2016, the
Secretary of Defense, acting through the Assistant Secretary of Defense
for Research and Engineering and in collaboration with the Assistant
Secretary of Defense for Operational Energy Plans and Programs and the
Secretaries of the military departments, shall establish a centralized
repository for all operational energy-related research and development
efforts of the Department of Defense, including with respect to the
inception, operational, and complete phases of such efforts.
(b) Internet Access.--The Secretary of Defense shall ensure that
the repository required by subsection (a) is accessible through an
Internet website of the Department of Defense and by all employees of
the Department and members of the Armed Forces whom the Secretary
determines appropriate, including all program managers involved in such
research and development efforts, to enable improved collaboration
between military departments on research and development efforts
described in subsection (a), sharing of best practices and lessons
learned relating to such efforts, and reduce redundancy in such
efforts.
SEC. 6. STUDY ON POWER STORAGE CAPACITY REQUIREMENT.
Not later than September 30, 2016, the Secretary of Defense shall
submit to the congressional defense committees a report on the costs
and benefits associated with requiring 25 percent of National Guard and
Reserve facilities to have at least a 21-day on-site power storage
capacity to assist with providing support to civil authorities in case
of manmade or natural disasters.
SEC. 7. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE FUELED
VEHICLE INFRASTRUCTURE FUND.
(a) Establishment of Fund.--There is established in the Treasury a
fund to be known as the ``Department of Defense Alternative Fuel
Vehicle Infrastructure Fund''.
(b) Deposits.--The Fund shall consist of the following:
(1) Amounts appropriated to the Fund.
(2) Amounts earned through investment under subsection (c).
(3) Any other amounts made available to the Fund by law.
(c) Investments.--The Secretary shall invest any part of the Fund
that the Secretary decides is not required to meet current expenses.
Each investment shall be made in an interest-bearing obligation of the
United States Government, or an obligation that has its principal and
interest guaranteed by the Government, that the Secretary decides has a
maturity suitable for the Fund.
(d) Use of Funds.--Amounts in the Fund shall be available to the
Secretary, acting through the Under Secretary of Defense for
Acquisition, Training, and Logistics, to install, operate, and maintain
alternative fuel dispensing stations for use by alternative fueled
vehicles of the Department of Defense and other infrastructure
necessary to fuel alternative fueled vehicles of the Department.
(e) Definitions.--In this section:
(1) Alternative fuel.--The term ``alternative fuel'' has
the meaning given such term in section 32901 of title 49,
United States Code.
(2) Alternative fueled vehicle.--The term ``alternative
fueled vehicle'' means a vehicle that operates on alternative
fuel.
(3) Fund.--The term ``Fund'' means the fund established
under subsection (a).
SEC. 8. SECURE ENERGY INNOVATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a
program to develop and support projects designed to foster secure and
reliable sources of energy for military installations, including
incorporation of advanced energy metering, resilient energy, energy
storage, and redundant power systems.
(b) Metrics.--The Secretary of Defense shall develop metrics for
assessing the costs and benefits associated with secure energy projects
proposed or implemented as part of the program established under
subsection (a). The metrics shall take into account financial and
operational costs associated with sustained losses of power resulting
from natural disasters or attacks that damage electrical grids serving
military installations.
(c) Assessment.--As part of the program established under
subsection (a), the Secretary of each military department shall conduct
an assessment of each military installation under the jurisdiction of
the Secretary--
(1) to identify all critical electrical loads for military
missions performed at the installation;
(2) to determine the security of these electrical supplies
and the sufficiency and readiness of backup power and
continuity of operations plans; and
(3) to investigate alternative and renewable energy
supplies and efficiency measures that would increase resilience
of supplies to critical loads, which may include, but is not
limited to, solar thermal, geothermal, waste heat, and
renewable combined heat and power processes, combined heat and
power, small modular nuclear reactor technologies, and fuel
cell energy systems.
(d) Implementation Methods.--The Secretary of Defense and the
Secretaries of the military departments may use Energy Savings
Performance Contracts, Power Purchase Agreements, and Enhanced Use
Leasing agreements to carry out the program established under
subsection (a) to meet energy intensity or renewable energy goals if
energy security and resilience of supply also improves as a result of
entering into such a contract or agreement.
SEC. 9. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR ENERGY
MANAGEMENT INITIATIVES.
Section 2919(b)(2) of title 10, United States Code, is amended by
striking ``, to the extent provided for in an appropriations Act,''.
SEC. 10. REPORT ON ENERGY PERFORMANCE INITIATIVES.
Not later than March 1, 2016, the Secretary of Defense shall
provide a briefing or submit to the Committees on Armed Services of the
Senate and the House of Representatives a report--
(1) describing the energy efficiency language included in
the most recent aerial refueling tanker contract and in the
Logistics Civil Augmentation Program contract; and
(2) evaluating the feasibility of including such energy
efficiency provisions in other contracts for platforms and
equipment that are high energy users, including the extent to
which such provisions have been included in other contracts.
SEC. 11. REPORT ON MILITARY READINESS TO DEAL WITH EXPECTED INCREASED
WATER SHORTAGES, INSTANCES OF WILDFIRE, INCREASED
DROUGHT, FLOODING DUE TO SEA LEVEL RISE, AND COASTAL
EROSION FROM STORM SURGES.
Not later than March 1, 2016, the Secretary of Defense shall
provide a briefing or submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the strategy of the
Department of Defense and initiatives to mitigate the impact of
expected increased water shortages, instances of wildfire, increased
drought, flooding due to sea level rise, and coastal erosion from storm
surges to ensure optimal military readiness. At minimum, the briefing
or report shall address the following issues:
(1) How are changing conditions affecting operations and
military readiness at military installations?
(2) What has the Secretary determined to be most effective
in preparing for future conditions?
(3) How are best practices being disseminated and
implemented throughout installations?
(4) Is the Department facing any challenges in carrying out
preparedness and resilience initiatives? If so, what are these
obstacles and do they require congressional action to increase
security on installations?
(5) What opportunities exist for effective public private
partnerships or contracts with industry to address and mitigate
the effects of these conditions? | Department of Defense Energy Security Act of 2015 This bill authorizes military departments to carry out pilot programs to enter into energy savings performance contracts through FY2041, for the purpose of achieving direct energy savings and secondary savings in: (1) certain mobile assets of the Armed Forces that consume energy for the purpose of transportation or maintaining a controlled environment within the vehicle, device, or equipment; and (2) any federally owned equipment used to generate electricity or transport water. Under an energy savings performance contract, a private party agrees to fund energy-efficient upgrades in the federal government and the federal agency agrees to pay the private party from reductions in the agency's energy costs. The U.S. Army must report on research since October 1, 2010, on energy efficiency of tactical vehicles. The Department of Defense (DOD) may carry out research to improve military vehicle technology to increase combat vehicle fuel economy or reduce fuel consumption. DOD shall establish an online, centralized repository for all DOD operational energy-related research and development efforts. The bill establishes a Department of Defense Alternative Fuel Vehicle Infrastructure Fund for installing and operating alternative fuel dispensing stations for DOD's alternative fueled vehicles and other related infrastructure. DOD must establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, resilient energy, energy storage, and redundant power systems. DOD must report on: (1) the costs and benefits associated with requiring 25% of National Guard and Reserve facilities to have at least a 21-day on-site power storage capacity to assist civil authorities in case of man-made or natural disasters; (2) energy efficiency language in the most recent aerial refueling tanker contract and the Logistics Civil Augmentation Program contract; and (3) DOD's strategy and initiatives to mitigate the impact of expected increased water shortages, instances of wildfire, increased drought, flooding due to sea level rise, and coastal erosion from storm surges to ensure optimal military readiness. | {"src": "billsum_train", "title": "Department of Defense Energy Security Act of 2015"} | 2,791 | 421 | 0.661284 | 2.324135 | 0.800493 | 5.220207 | 6.546632 | 0.909326 |
s Described.--
(1) In general.--For purposes of subsection (a)(1), a joint
resolution is described in this paragraph if it is a joint
resolution of the 2 Houses of Congress and the matter after the
resolving clause of such joint resolution is as follows: ``That
the Congress authorizes and directs the United States Trade
Representative to undertake negotiations to amend or modify the
rules and procedures of the Understanding on Rules and
Procedures Governing the Settlement of Disputes relating to
____ with respect to the affirmative determination submitted to
the Congress by the WTO Dispute Settlement Review Commission on
____'', the first blank space being filled with the specific
rules and procedures with respect to which the Trade
Representative is to undertake negotiations and the second
blank space being filled with the date of the affirmative
determination submitted to the Congress by the Commission
pursuant to section 4(b) which has given rise to the joint
resolution.
(2) Withdrawal resolution.--For purposes of subsection
(a)(2), a joint resolution is described in this paragraph if it
is a joint resolution of the 2 Houses of Congress and the
matter after the resolving clause of such joint resolution is
as follows: ``That the Congress authorizes and directs the
United States Trade Representative to undertake negotiations to
amend or modify the rules and procedures of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
relating to ____ with respect to the affirmative report
submitted to the Congress by the WTO Dispute Settlement Review
Commission on ____ and if such negotiations do not result in a
solution that the Trade Representative, by ____, certifies to
the Congress is satisfactory, the Congress withdraws its
approval, provided under section 101(a) of the Uruguay Round
Agreements Act, of the WTO Agreement as defined in section 2(9)
of that Act'', the first blank space being filled with the
specific rules and procedures with respect to which the Trade
Representative is to undertake negotiations, the second blank
space being filled with the date of the affirmative
determination submitted to the Congress by the Commission
pursuant to section 4(b) which has given rise to the joint
resolution, and the third blank space being filled with the
date the Congress withdraws its approval of the WTO Agreement.
(c) Procedural Provisions.--
(1) In general.--The requirements of this subsection are
met if the joint resolution is enacted in accordance with this
subsection, and--
(A) in the case of a joint resolution described in
subsection (b)(1), the Congress adopts and transmits
the joint resolution to the President before the end of
the 90-day period (excluding any day described in
section 154(b) of the Trade Act of 1974) beginning on
the date on which the Congress receives an affirmative
determination from the Commission described in section
4(b), or
(B) in the case of a joint resolution described in
subsection (b)(2), the Commission has made 3
affirmative determinations described in section 4(b)
during a 5-year period, and the Congress adopts and
transmits the joint resolution to the President before
the end of the 90-day period (excluding any day
described in section 154(b) of the Trade Act of 1974)
beginning on the date on which the Congress receives
the third such affirmative determination.
(2) Presidential veto.--In any case in which the President
vetoes the joint resolution, the requirements of this
subsection are met if each House of Congress votes to override
that veto on or before the later of the last day of the 90-day
period referred to in subparagraph (A) or (B) of paragraph (1),
whichever is applicable, or the last day of the 15-day period
(excluding any day described in section 154(b) of the Trade Act
of 1974) beginning on the date on which the Congress receives
the veto message from the President.
(3) Introduction.--
(A) Time.--A joint resolution to which this section
applies may be introduced at any time on or after the
date on which the Commission transmits to the Congress
an affirmative determination described in section 4(b),
and before the end of the 90-day period referred to in
subparagraph (A) or (B) of paragraph (1), as the case
may be.
(B) Any member may introduce.--A joint resolution
described in subsection (b) may be introduced in either
House of the Congress by any Member of such House.
(4) Expedited procedures.--
(A) General rule.--Subject to the provisions of
this subsection, the provisions of subsections (b),
(d), (e), and (f) of section 152 of the Trade Act of
1974 (19 U.S.C. 2192(b), (d), (e), and (f)) apply to
joint resolutions described in subsection (b) to the
same extent as such provisions apply to resolutions
under such section.
(B) Report or discharge of committee.--If the
committee of either House to which a joint resolution
has been referred has not reported it by the close of
the 45th day after its introduction (excluding any day
described in section 154(b) of the Trade Act of 1974),
such committee shall be automatically discharged from
further consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(C) Finance and ways and means committees.--It is
not in order for--
(i) the Senate to consider any joint
resolution unless it has been reported by the
Committee on Finance or the committee has been
discharged under subparagraph (B); or
(ii) the House of Representatives to
consider any joint resolution unless it has
been reported by the Committee on Ways and
Means or the committee has been discharged
under subparagraph (B).
(D) Special rule for house.--A motion in the House
of Representatives to proceed to the consideration of a
joint resolution may only be made on the second
legislative day after the calendar day on which the
Member making the motion announces to the House his or
her intention to do so.
(5) Consideration of second resolution not in order.--It
shall not be in order in either the House of Representatives or
the Senate to consider a joint resolution (other than a joint
resolution received from the other House), if that House has
previously adopted a joint resolution under this section
relating to the same matter.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 7. PARTICIPATION IN WTO PANEL PROCEEDINGS.
(a) In General.--If the United States Trade Representative, in
proceedings before a dispute settlement panel or the Appellate Body of
the WTO, seeks--
(1) to enforce United States rights under a multilateral
trade agreement, or
(2) to defend a challenged action or determination of the
United States Government,
a private United States person that is supportive of the United States
Government's position before the panel or Appellate Body and that has a
direct economic interest in the panel's or Appellate Body's resolution
of the matters in dispute shall be permitted to participate in
consultations and panel proceedings. The Trade Representative shall
issue regulations, consistent with subsections (b) and (c), ensuring
full and effective participation by any such private person.
(b) Access to Information.--The United States Trade Representative
shall make available to persons described in subsection (a) all
information presented to or otherwise obtained by the Trade
Representative in connection with a WTO dispute settlement proceeding.
The United States Trade Representative shall promulgate regulations
implementing a protective order system to protect information
designated by the submitting member as confidential.
(c) Participation in Panel Process.--Upon request from a person
described in subsection (a), the United States Trade Representative
shall--
(1) consult in advance with such person regarding the
content of written submissions from the United States to the
WTO panel concerned or to the other member countries involved;
(2) include, where appropriate, such person or its
appropriate representative as an advisory member of the
delegation in sessions of the dispute settlement panel;
(3) allow such special delegation member, where such member
would bring special knowledge to the proceeding, to appear
before the panel, directly or through counsel, under the
supervision of responsible United States Government officials;
and
(4) in proceedings involving confidential information,
allow appearance of such person only through counsel as a
member of the special delegation.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established under Article 17.1 of the Dispute
Settlement Understanding.
(2) Adverse to the united states.--The term ``adverse to
the United States'' includes any report which holds any law,
regulation, or application thereof by a government agency to be
inconsistent with international obligations under a Uruguay
Round Agreement (or a nullification or impairment thereof),
whether or not there are other elements of the decision which
favor arguments made by the United States.
(3) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body administering the
rules and procedures set forth in the Dispute Settlement
Understanding.
(5) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures Governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(6) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the agreements described in section
101(d) of the Uruguay Round Agreements Act.
(7) World trade organization; wto.--The terms ``World Trade
Organization'' and ``WTO'' mean the organization established
pursuant to the WTO Agreement.
(8) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
HR 1434 IH----2 | WTO Dispute Settlement Review Commission Act - Establishes the WTO Dispute Settlement Review Commission to review reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other WTO parties which are adverse to the United States and which are adopted by the Dispute Settlement Body.
Requires the Commission to determine whether the panel or the Appellate Body: (1) exceeded its authority; (2) added to the obligations of or diminished the rights of the United States; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from proper procedures; and (4) deviated, in its report, from the applicable standard of review. Requires the Commission, upon an affirmative determination on one or more of these questions, to further determine whether the action of the panel or the Appellate Body materially affected the outcome of its report.
Requires the United States Trade Representative, upon enactment of a joint resolution directing such action, to negotiate to amend or modify the rules and procedures of the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to any affirmative determinations submitted to the Congress concerning the action of a panel or the Appellate Body. Provides for a joint resolution withdrawing congressional approval of the WTO agreement, ending U.S. participation in the WTO, if such negotiations do not result in a satisfactory solution.
Sets forth provisions governing the participation in WTO panel proceedings of private U.S. persons supportive of the U.S. Government position at issue. | {"src": "billsum_train", "title": "WTO Dispute Settlement Review Commission Act"} | 2,360 | 350 | 0.526031 | 1.666303 | 0.69917 | 2.69338 | 7.634146 | 0.832753 |
SECTION 1. SENSE OF THE CONGRESS.
It is the sense of the Congress that it is inappropriate for the
Department of Labor, as the principal enforcer of fiduciary standards
in connection with employee pension benefit plans and employee welfare
benefit plans (as defined in paragraphs (1) and (2) of section 3 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1),
(2))), to take any action to promote or otherwise encourage
economically targeted investments.
SEC. 2. PROHIBITIONS ON DEPARTMENT OF LABOR REGARDING ECONOMICALLY
TARGETED INVESTMENTS.
(a) In General.--Interpretive Bulletin 94-1, issued by the
Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R.
2509.94-1), is null and void and shall have no force or effect. The
provisions of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) shall be interpreted and enforced without regard
to such Interpretive Bulletin.
(b) Restrictions on Department of Labor Regulations.--The Secretary
of Labor may not issue any rule, regulation, or interpretive bulletin
which promotes or otherwise encourages economically targeted
investments as a specified class of investments.
(c) Restrictions on Activities of the Department of Labor.--No
officer or employee of the Department of Labor may travel, lecture, or
otherwise expend resources available to such Department for the purpose
of promoting, directly or indirectly, economically targeted
investments.
(d) Economically Targeted Investment Defined.--For purposes of this
section, the term ``economically targeted investment'' has the meaning
given such term in Interpretive Bulletin 94-1, as issued by the
Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R.
2509.94-1).
SEC. 3. PROHIBITION ON FEDERAL AGENCIES AGAINST ESTABLISHING OR
MAINTAINING ANY CLEARINGHOUSE OR OTHER DATABASE RELATING
TO ECONOMICALLY TARGETED INVESTMENTS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``prohibition on federal agencies against establishing or maintaining
any clearinghouse or other database relating to economically targeted
investments
``Sec. 516. (a) In General.--No agency or instrumentality of the
Federal Government may establish or maintain, or contract with (or
otherwise provide assistance to) any other party to establish or
maintain, any clearinghouse, database, or other listing--
``(1) for the purpose of making available to employee
benefit plans information on economically targeted investments,
``(2) for the purpose of encouraging, or providing
assistance to, employee benefit plans or any other party
related to an employee benefit plan to undertake or evaluate
economically targeted investments, or
``(3) for the purpose of identifying economically targeted
investments with respect to which such agency or
instrumentality will withhold from undertaking enforcement
actions relating to employee benefit plans under any otherwise
applicable authority of such agency or instrumentality.
``(b) Economically Targeted Investment Defined.--For purposes of
this section, the term `economically targeted investment' has the
meaning given such term in Interpretive Bulletin 94-1, as issued by the
Secretary on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-
1).''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting at the end of the items relating to part 5
of subtitle B of title I the following new item:
``Sec. 516. Prohibition on Federal agencies against establishing or
maintaining any clearinghouse or other
database relating to economically targeted
investments.''.
SEC. 4. TERMINATION OF CONTRACTS.
The head of each agency and instrumentality of the Government of
the United States shall immediately take such actions as are necessary
and appropriate to terminate any contract or other arrangement entered
into by such agency or instrumentality which is in violation of the
requirements of the provisions of this Act or the amendments made
thereby.
SEC. 5. AUTHORITY OF DEPARTMENT OF LABOR.
Nothing in this Act is intended to affect the ability of the
Department of Labor to issue advisory opinions, information letters,
technical releases, prohibited transactions, exemptions, or other
pronouncements interpreting and applying ERISA's fiduciary
responsibility rules to particular factual situations, or exempting
specific transactions from the prohibited transaction provisions of the
Employee Retirement Income Security Act of 1974 (pursuant to 29 U.S.C.
1106, 1108).
SEC. 6. EFFECTIVE DATE.
The preceding provisions of this Act (and the amendments made
thereby) shall take effect on the date of the enactment of this Act.
Passed the House of Representatives September 12, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Expresses the sense of the Congress that it is inappropriate for the Department of Labor (DOL), as the principal enforcer of fiduciary standards in connection with employee pension benefit plans and employee welfare plans, as defined under the Employee Retirement Income Security Act of 1974 (ERISA), to take any action to promote or otherwise encourage economically targeted investments. Requires that ERISA provisions be interpreted and enforced without regard to a specified DOL interpretive bulletin regarding economically targeted investments, and makes such interpretive bulletin null and void. Prohibits the Secretary of Labor from issuing any rule, regulation, or interpretive bulletin which promotes or otherwise encourages economically targeted investments as a specified class of investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act. Declares that nothing in this Act is intended to affect the ability of the DOL to issue advisory opinions, information letters, technical releases, prohibited transactions, exemptions, or other pronouncements interpreting and applying ERISA's fiduciary responsibility rules to particular factual situations, or exempting specific transactions from the prohibited transaction provisions of ERISA. | {"src": "billsum_train", "title": "To place restrictions on the promotion by the Department of Labor and other Federal agencies and instrumentalities of economically targeted investments in connection with employee benefit plans."} | 1,154 | 320 | 0.616352 | 2.113126 | 0.957719 | 5.815686 | 3.843137 | 0.905882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Health Care Purchasing
Cooperatives Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Health care spending in the United States has reached
15 percent of the Gross Domestic Product of the United States,
yet 45,000,000 people, or 15.6 percent of the population,
remains uninsured.
(2) After nearly a decade of manageable increases in
commercial insurance premiums, many employers are now faced
with consecutive years of double digit premium increases.
(3) Purchasing cooperatives owned by participating
businesses are a proven method of achieving the bargaining
power necessary to manage the cost and quality of employer-
sponsored health plans and other employee benefits.
(4) The Employer Health Care Alliance Cooperative has
provided its members with health care purchasing power through
provider contracting, data collection, activities to enhance
quality improvements in the health care community, and
activities to promote employee health care consumerism.
(5) According to the National Business Coalition on Health,
there are nearly 80 employer-led coalitions across the United
States that collectively purchase health care, proactively
challenge high costs and the inefficient delivery of health
care, and share information on quality. These coalitions
represent more than 10,000 employers.
(b) Purpose.--It is the purpose of this Act to build off of
successful local employer-led health insurance initiatives by improving
the value of their employees' health care.
SEC. 3. GRANTS TO SELF INSURED BUSINESSES TO FORM HEALTH CARE
COOPERATIVES.
(a) Authorization.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Agency for Healthcare Research and Quality, is authorized to
award grants to eligible groups that meet the criteria described in
subsection (d), for the development of health care purchasing
cooperatives. Such grants may be used to provide support for the
professional staff of such cooperatives, and to obtain contracted
services for planning, development, and implementation activities for
establishing such health care purchasing cooperatives.
(b) Eligible Group Defined.--
(1) In general.--In this section, the term ``eligible
group'' means a consortium of 2 or more self-insured employers,
including agricultural producers, each of which are responsible
for their own health insurance risk pool with respect to their
employees.
(2) No transfer of risk.--Individual employers who are
members of an eligible group may not transfer insurance risk to
such group.
(c) Application.--An eligible group desiring a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(d) Criteria.--
(1) Feasibility study grants.--
(A) In general.--An eligible group may submit an
application under subsection (c) for a grant to conduct
a feasibility study concerning the establishment of a
health insurance purchasing cooperative. The Secretary
shall approve applications submitted under the
preceding sentence if the study will consider the
criteria described in paragraph (2).
(B) Report.--After completion of a feasibility
study under a grant under this section, an eligible
group shall submit to the Secretary a report describing
the results of such study.
(2) Grant criteria.--The criteria described in this
paragraph include the following with respect to the eligible
group:
(A) The ability of the group to effectively pool
the health care purchasing power of employers.
(B) The ability of the group to provide data to
employers to enable such employers to make data-based
decisions regarding their health plans.
(C) The ability of the group to drive quality
improvement in the health care community.
(D) The ability of the group to promote health care
consumerism through employee education, self-care, and
comparative provider performance information.
(E) The ability of the group to meet any other
criteria determined appropriate by the Secretary.
(e) Cooperative Grants.--After the submission of a report by an
eligible group under subsection (d)(1)(B), the Secretary shall
determine whether to award the group a grant for the establishment of a
cooperative under subsection (a). In making a determination under the
preceding sentence, the Secretary shall consider the criteria described
in subsection (d)(2) with respect to the group.
(f) Cooperatives.--
(1) In general.--An eligible group awarded a grant under
subsection (a) shall establish or expand a health insurance
purchasing cooperative that shall--
(A) be a nonprofit organization;
(B) be wholly owned, and democratically governed by
its member-employers;
(C) exist solely to serve the membership base;
(D) be governed by a board of directors that is
democratically elected by the cooperative membership
using a 1-member, 1-vote standard; and
(E) accept any new member in accordance with
specific criteria, including a limitation on the number
of members, determined by the Secretary.
(2) Authorized cooperative activities.--A cooperative
established under paragraph (1) shall--
(A) assist the members of the cooperative in
pooling their health care insurance purchasing power;
(B) provide data to improve the ability of the
members of the cooperative to make data-based decisions
regarding their health plans;
(C) conduct activities to enhance quality
improvement in the health care community;
(D) work to promote health care consumerism through
employee education, self-care, and comparative provider
performance information; and
(E) conduct any other activities determined
appropriate by the Secretary.
(g) Review.--
(1) In general.--Not later than 1 year after the date on
which grants are awarded under this section, and every 2 years
thereafter, the Secretary shall study programs funded by grants
under this section and provide to the appropriate committees of
Congress a report on the progress of such programs in improving
the access of employees to quality, affordable health
insurance.
(2) Sliding scale funding.--The Secretary shall use the
information included in the report under paragraph (1) to
establish a schedule for scaling back payments under this
section with the goal of ensuring that programs funded with
grants under this section are self sufficient within 10 years.
SEC. 4. GRANTS TO SMALL BUSINESSES TO FORM HEALTH CARE COOPERATIVES.
The Secretary shall carry out a grant program that is identical to
the grant program provided in section 3, except that an eligible group
for a grant under this section shall be a consortium of 2 or more
employers, including agricultural producers, each of which--
(1) have 99 employees or less; and
(2) are purchasers of health insurance (are not self-
insured) for their employees.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
From the administrative funds provided to the Secretary, the
Secretary may use not more than a total of $60,000,000 for fiscal years
2006 through 2015 to carry out this Act. | Promoting Health Care Purchasing Cooperatives Act - Authorizes the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to award grants for the development of health care purchasing cooperatives by two or more self-insured employers.
Sets forth requirements for cooperatives, including that they: (1) are nonprofit, wholly owned, and democratically governed by its member-employers; (2) exist solely to serve the membership base; (3) assist members in pooling their health care insurance purchasing power; (4) provide data to improve the ability of the members to make data-based decisions regarding their health plans; and (5) conduct activities to enhance quality improvement in the health care community. Requires the Secretary to carry out an identical grant program for eligible groups of two or more employers that have 99 employees or less and purchase health insurance for their employees. | {"src": "billsum_train", "title": "A bill to promote the development of health care cooperatives that will help businesses to pool the health care purchasing power of employers, and for other purposes."} | 1,519 | 193 | 0.602619 | 1.756917 | 0.874843 | 4.389831 | 8.118644 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Groundwork USA Trust Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) locally organized and controlled entities that are
linked together through a national program office have the
ability to lead cost-effective projects and programs that are
responsive to community needs and essential to improving the
local environment, economy, and quality of life;
(2) local community involvement with how land is being used
is an essential component to the economic success of a
neighborhood;
(3) underutilized and neglected vacant lands significantly
erode nearby property values and burden municipal tax bases;
(4) landscaping and maintenance, especially when local
citizens are involved in the process, decreases negative stigma
and generates civic pride, which in turn significantly reduces
vandalism and illicit activities typically associated with idle
lands;
(5) cleaning, landscaping, and tree planting within vacant
and abandoned land and brownfields adds economic value to a
community through increased occupancy rates, and improved sales
appeal of nearby residential and commercial real estate; and
(6) the transformation of idle lands and brownfields into
cleaner, greener, community assets has been exemplified by a
network of federally backed Groundwork USA Trusts for over 8
years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Brownfields.--The term ``brownfields'' means real
property, the expansion, redevelopment, or reuse of which may
be complicated by the presence or potential presence of a
hazardous substance, pollutant, or contaminant.
(2) Eligible organization.--The term ``eligible
organization'' means a--
(A) nonprofit organization that applies for a grant
award under section 4(b) to establish a Ground USA
Trust; and
(B) Groundwork USA Trust.
(3) Groundwork usa national office.--The term ``Groundwork
USA national office'' means the independent, nonprofit,
environmental business incorporated under the laws of the State
of New York, which overseas and creates a link between local
Groundwork USA Trust offices.
(4) Groundwork usa trust.--The term ``Groundwork USA
Trust'' means an independent, nonprofit, environmental
organization that works with communities to improve their
environment, economy, and quality of life through local action.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from tax under section 501(a) of such Code.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF GROUNDWORK USA TRUST PROGRAM.
(a) Authorization of Grant Program.--The Secretary, in consultation
with the Groundwork USA national office, is authorized to award grants
to eligible organizations.
(b) Application.--An eligible organization desiring a grant under
the program shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 5. CRITERIA FOR SELECTION.
Each grant award provided under section 4(a) shall be made on the
basis of the quality of the application submitted, taking into
consideration such factors as the following:
(1) The population and demographics of the community and
the environmental, community, or economic development issues
which an eligible entity could help address.
(2) The level of experience with community and
environmental improvement activities of an eligible
organization and the role such organization will play in the
implementation of Groundwork USA Trust activities.
(3) The level in which the community or local government in
which the eligible organization is based is a current or past
recipient of funding or assistance from the EPA Brownfields
Program and demonstrated success in those efforts.
(4) The level in which the eligible organization has
partnered with the National Park Service and demonstrated
success in those efforts.
(5) The level of community interest and commitment to learn
about, evaluate, and partner with a Groundwork USA Trust.
(6) The number and level of opportunities to improve the
local environment for conservation, recreation, and economic
development, including:
(A) The potential to facilitate the creation,
improvement, and stewardship of parks, greenways, open
space, and nature reserves and increase opportunities
for recreation, conservation, food security,
environmental education, and other environmental
improvements in communities impacted by brownfields.
(B) The potential to stimulate economic and
environmental rejuvenation of communities impacted by
brownfield issues.
(C) The potential to increase the capacity of
communities with limited means to improve their
environment, economy, and quality of life.
(D) The potential to engage the local community in
the planning and development of projects and programs
to improve its local environment, including the
assessment, cleanup, and reuse of brownfield sites for
parks, recreation facilities, nature areas, gardens,
trails, and other community benefits.
(E) The potential to contribute to the use or reuse
of existing infrastructure.
(7) The ability to address the issue of brownfields in the
community or target area, including:
(A) The potential to leverage or stimulate funds
from other sources to support the assessment and
remediation of brownfields and their reuse for parks,
recreation facilities, nature areas, and other
community benefits.
(B) The potential to engage the local community in
the planning and implementation of projects and
programs to assess, cleanup, and reuse brownfields for
parks, recreation facilities, nature areas, and other
community benefits.
(C) The potential to help reduce the threats to
human health and the local environment associated with
the presence of hazardous substances, pollutants, or
contaminants.
(D) The potential to help address or facilitate the
identification and reduction of threats to the health
and welfare of populations at risk.
SEC. 6. USE OF FUNDS.
A grant award provided under the program may be used to--
(1) provide training, research, and technical assistance to
individuals and organizations, as appropriate, to facilitate
the inventory of brownfield sites, site assessments,
remediation of brownfield sites, community involvement, or site
preparation;
(2) increase the capacity of communities to improve and
care for their local environment;
(3) reclaim vacant and derelict lands for conservation,
recreation, and economic development;
(4) clean up and care for neglected areas to signal
community pride and rejuvenation;
(5) return brownfields to economically productive use while
restoring blighted landscapes with healthy environments;
(6) integrate environmental education, food security,
health and fitness, resource management, and job training;
(7) encourage businesses, local governments, nonprofits,
and communities to work together for sustainable environmental
care and enhancement;
(8) support businesses, local governments, nonprofits, and
communities in efforts to improve their local environment;
(9) raise the profile of urban environmental improvements
as part of a comprehensive approach to smart growth strategies
and rejuvenation of inner city communities;
(10) acquire real property and buildings to rehabilitate
and improve upon for the local community and perform
maintenance on such property and buildings, including mowing,
irrigating, landscaping, painting, and providing structural
repairs;
(11) expand operations and locations of offices to benefit
a larger geographic area, and increase staff;
(12) develop information systems and utilize such systems
for community- and regional-based research and data
dissemination; and
(13) develop programs that encourage regional and national
partnering with other environmental organizations.
SEC. 7. MAXIMUM GRANT AWARD.
A grant award under the program shall not exceed $400,000 for any
fiscal year.
SEC. 8. LIMITATION ON ADMINISTRATIVE COSTS.
The Secretary may reserve not more than 15 percent of the amount
made available under this Act to carry out the program in a fiscal year
for administrative costs, including managing, administering, and
assisting with technical support of operations for national and local
Groundwork USA offices.
SEC. 9. ANNUAL REPORT.
Each grant recipient shall submit to the Secretary and the national
Groundwork USA national office an annual report at such time, in such
manner, and containing such information as the Secretary, in
consultation with the Groundwork USA national office, may require.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the program
$15,000,000 for each of the fiscal years 2011 through 2016. | Groundwork USA Trust Act of 2010 - Establishes the Groundwork USA Trust Program.
Authorizes the Secretary of the Interior, in consultation with the Groundwork USA national office, to award grants to eligible nonprofit organizations to: (1) provide training, research, and technical assistance to individuals and organizations to facilitate the inventory of brownfield sites, site assessments, remediation of brownfield sites, community involvement, or site preparation; (2) reclaim vacant and derelict lands for conservation, recreation, and economic development; (3) clean up and care for neglected areas; (4) return brownfields to economically productive use; (5) integrate environmental education, food security, health and fitness, resource management, and job training; (6) encourage businesses, local governments, nonprofits, and communities to work together for sustainable environmental care and enhancement; (7) support businesses, local governments, nonprofits, and communities in efforts to improve their local environment; (8) acquire real property and buildings to rehabilitate and improve upon for the local community and perform maintenance on such property and buildings; and (9) develop programs that encourage regional and national partnering with other environmental organizations.
Limits the maximum amount for a grant award under the program to $400,000 for any fiscal year.
Requires annual reporting by grant recipients. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, in consultation with the Groundwork USA national office, to provide grants to certain nonprofit organizations."} | 1,798 | 268 | 0.62533 | 2.032662 | 0.766495 | 6.123506 | 6.996016 | 0.976096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing CCUS Technology Act''.
SEC. 2. CARBON CAPTURE, UTILIZATION, AND SEQUESTRATION TECHNOLOGIES.
(a) Amendments to the Energy Policy Act of 2005.--
(1) Fossil energy.--Section 961(a) of the Energy Policy Act
of 2005 (42 U.S.C. 16291(a)) is amended by adding at the end
the following:
``(8) Improving the conversion, use, and storage of carbon
dioxide produced from fossil fuels.''.
(2) Coal and related technologies program.--Section
962(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16292(b)(1)) is amended--
(A) by striking ``during each of calendar years
2008, 2010, 2012, and 2016, and during each fiscal year
beginning after September 30, 2021,'' and inserting
``during each fiscal year beginning after September 30,
2016,'';
(B) by inserting ``allow for large scale
demonstration and'' after ``technologies that would'';
and
(C) by inserting ``commercial use,'' after ``use of
coal for''.
(b) Increased Accountability With Respect to Carbon Capture,
Utilization, and Sequestration Projects.--
(1) DOE evaluation.--
(A) In general.--The Secretary of Energy (in this
subsection referred to as the ``Secretary'') shall, in
accordance with this subsection, annually conduct an
evaluation, and make recommendations, with respect to
each project conducted by the Secretary for research,
development, demonstration, or deployment of carbon
capture, utilization, and sequestration technologies
(also known as carbon capture and storage and
utilization technologies).
(B) Scope.--For purposes of this subsection, a
project includes any contract, lease, cooperative
agreement, or other similar transaction with a public
agency or private organization or person, entered into
or performed, or any payment made, by the Secretary for
research, development, demonstration, or deployment of
carbon capture, utilization, and sequestration
technologies.
(2) Requirements for evaluation.--In conducting an
evaluation of a project under this subsection, the Secretary
shall--
(A) examine if the project will allow a carbon
capture, utilization, and sequestration technology to
advance and achieve any specific goal of the project;
and
(B) evaluate and determine if the project has made
significant progress in advancing a carbon capture,
utilization, and sequestration technology.
(3) Recommendations.--For each evaluation of a project
conducted under this subsection, if the Secretary determines
that--
(A) significant progress in advancing a carbon
capture, utilization, and sequestration technology has
been made, the Secretary shall assess the funding of
the project and make a recommendation as to whether
increased funding is necessary to advance the project;
or
(B) significant progress in advancing a carbon
capture, utilization, and sequestration technology has
not been made, the Secretary shall--
(i) assess the funding of the project and
make a recommendation as to whether increased
funding is necessary to advance the project;
(ii) assess and determine if the project
has reached its full potential; and
(iii) make a recommendation as to whether
the project should continue.
(4) Reports.--
(A) Report on evaluations and recommendations.--Not
later than 2 years after the date of enactment of this
Act, and every 2 years thereafter, the Secretary
shall--
(i) issue a report on the evaluations
conducted and recommendations made during the
previous year pursuant to this subsection; and
(ii) make each such report available on the
internet website of the Department of Energy.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, and every 3 years thereafter,
the Secretary shall submit to the Subcommittee on
Energy and Power of the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate
a report on--
(i) the evaluations conducted and
recommendations made during the previous 3
years pursuant to this subsection; and
(ii) the progress of the Department of
Energy in advancing carbon capture,
utilization, and sequestration technologies,
including progress in achieving the Department
of Energy's goal of having an array of advanced
carbon capture and sequestration technologies
ready by 2020 for large-scale demonstration. | Advancing CCUS Technology Act This bill amends the Energy Policy Act of 2005 to direct the Department of Energy (DOE)to carry out research and developtechnologyto improve the conversion, use, and storage of carbon dioxide from fossil fuels. It also revises the program of research and commercial application for coal and power systems to require DOE, during each fiscal year after FY2016, to identify cost and performance goals for technologies allowing large-scale demonstration and the continued cost-competitive commercial use of coal. DOEmust annually evaluateand make recommendations regarding any project it has entered into with a public or privateentityto developcarbon capture, utilization, and sequestration technologies. DOE must report to Congress, within two years and every three years thereafter, regarding theprojectevaluations it has conductedand the progress it has made in advancing carbon capture, utilization, and sequestration technologies. | {"src": "billsum_train", "title": "Advancing CCUS Technology Act"} | 1,005 | 190 | 0.628004 | 1.902969 | 1.084048 | 2.679739 | 5.901961 | 0.745098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Event Data Recorder Enhancement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Event data recorders have the potential to greatly
improve motor vehicle safety by improving occupant protection
systems and improving the accuracy of crash reconstructions.
(2) Event data recorder technology has potential safety
applications for all classes of motor vehicles.
(3) A wide range of crash-related and other data elements
have been identified which can usefully be captured by event
data recorders.
(4) The National Highway Traffic Safety Administration has
incorporated event data recorder data collection in its motor
vehicle research databases.
(5) Open access to event data recorder data will benefit
researchers, crash investigators, and manufacturers in
improving motor vehicle safety.
(6) Studies of event data recorder information in Europe
and the United States have shown that driver and employee
awareness of an on-board event data recorder reduces the number
and severity of crashes.
(7) Given the differing nature of cars, vans, SUVs, and
other lightweight vehicles, compared to heavy trucks, school
buses, and motor coaches, different event data recorder data
systems may be required to meet the needs of each vehicle
class.
(8) The degree of benefit from an event data recorder is
directly related to the number of vehicles operating with an
event data recorder and the current infrastructure's ability to
use and assimilate the data.
(9) Automatic crash notification systems integrate the on-
board crash sensing and event data recorder technology with
other electronic systems, such as global positioning systems
and cellular telephones, to provide early notification of the
occurrence, nature, and location of a serious collision.
SEC. 3. EVENT DATA RECORDERS.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 30129. Event data recorders
``(a) Required Event Data Recorders.--Not later than 6 months after
the date of the enactment of this section, the Secretary shall modify
the motor vehicle safety standard contained in part 563 of title 49,
Code of Federal Regulations, to require that passenger automobiles (as
defined in section 32901(a)(16)) be equipped with an event data
recorder that meets the requirements for event data recorders set forth
in such part. The Secretary shall require manufacturers to include such
event data recorders in--
``(1) not less than 25 percent of their fleet beginning in
model year 2013;
``(2) not less than 65 percent of their fleet beginning in
model year 2014; and
``(3) 100 percent of their fleet beginning in model year
2015.
``(b) Compatible Data Retrieval Tools.--Not later than 12 months
after the date of enactment of this section, the Secretary shall modify
the requirements in section 563.12 of title 49, Code of Federal
Regulations, to require a standardized port for accessing and
retrieving data stored in any event data recorder and that is
compatible with all such event data recorders regardless of the
manufacturer or model of the motor vehicle.
``(c) Disclosure.--The owner's manual of each new motor vehicle
sold or leased in the United States that is equipped with a recording
device shall clearly indicate the presence of the event data recorder
required under this section, in accordance with section 563.11 of title
49, Code of Federal Regulations (or any successor regulation).
``(d) Privacy Protections.--Information recorded or transmitted by
event data recorder required under this section may not be retrieved by
a person other than the owner of the motor vehicle in which the
recording device is installed unless--
``(1) a court authorizes retrieval of such information in
furtherance of a legal proceeding;
``(2) the owner consents to such retrieval for any purpose,
including diagnosing, servicing, or repairing the motor
vehicle; or
``(3)(A) the information is retrieved by a government motor
vehicle safety agency for the purpose of improving motor
vehicle safety; and
``(B) the personally identifiable information of the owner
or driver of the vehicle or the vehicle identification number
is not disclosed in connection with the retrieved information.
``(e) Non-Application to Trailers.--The requirements promulgated
under this section shall apply to all motor vehicles except trailers,
as such term is defined in section 571.3 of title 49, Code of Federal
Regulations.
``(f) Definition of Model Year.--For purposes of this section, the
term `model year' means the manufacturer's annual production period
that begins on September 1 of a given year which includes January 1 of
the calendar year for which it is named. If the manufacturer has no
annual production period, the term `model year' for that manufacturer
means the calendar year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
30128 the following new item:
30129. Event data recorders. | Event Data Recorder Enhancement Act - Directs the Secretary of Transportation (DOT) to modify certain federal motor vehicle safety standards to require that passenger automobiles (except trailers) be equipped with: (1) an event data recorder (EDR) meeting certain requirements; and (2) a standardized port for accessing and retrieving data stored in any EDR regardless of the manufacturer or model of the motor vehicle.
Requires manufacturers of passenger automobiles to include EDRs in: (1) at least 25% of their fleet beginning in model 2013; (2) at least 65% of their fleet beginning in model year 2014; and (3) 100% of their fleet beginning in model year 2015.
Requires the owner's manual of new motor vehicles sold or leased in the United States to indicate clearly the presence of EDRs.
Prohibits the retrieval of information recorded or transmitted by an EDR by any other person than the owner of the motor vehicle in which such device is installed unless: (1) authorized by court order, the owner consents, or the information is retrieved by a government motor vehicle safety agency; and (2) the personally identifiable information of the owner or driver of the vehicle or vehicle identification number (VIN) is not disclosed in the retrieval of information. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to require the Secretary of Transportation to promulgate rules to require that all motor vehicles be equipped with event data recorders by 2015, and for other purposes."} | 1,112 | 264 | 0.520455 | 1.593397 | 0.71427 | 3.650407 | 4.276423 | 0.902439 |
SECTION 1. NONRECOGNITION OF GAIN ON QUALIFIED SALES OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--Subchapter O of chapter 1 of the Internal Revenue
Code of 1986 (relating to gain or loss on disposition of property) is
amended by inserting after part IV the following new part:
``PART V--CERTAIN SALES OF TELECOMMUNICATIONS BUSINESSES
``Sec. 1071. Nonrecognition of gain on certain sales of
telecommunications businesses.
``SEC. 1071. NONRECOGNITION OF GAIN ON CERTAIN SALES OF
TELECOMMUNICATIONS BUSINESSES.
``(a) In General.--In the case of any qualified telecommunications
sale, at the election of the taxpayer, such sale shall be treated as an
involuntary conversion of property within the meaning of section 1033.
``(b) Limitation on Amount of Gain on Which Tax May Be Deferred.--
The amount of gain on any qualified telecommunications sale which is
not recognized by reason of this section shall not exceed $75,000,000.
``(c) Qualified Telecommunications Sale.--For purposes of this
section, the term `qualified telecommunications sale' means any sale to
a qualified business of--
``(1) the assets of a telecommunications business, or
``(2) stock in a corporation if, immediately after such
sale--
``(A) the qualified business controls (within the
meaning of section 368(c)) such corporation, and
``(B) substantially all of the assets of such
corporation are assets of 1 or more telecommunications
businesses,
but only if such sale is certified by the Federal Communications
Commission to be in furtherance of such Commission's policy of
expanding ownership of telecommunications businesses.
``(d) Qualified Business.--For purposes of this section--
``(1) In general.--The term `qualified business' means--
``(A) in the case of a telecommunications sale
which includes the sale of any interest in a broadcast
station (as defined in section 3(5) of the
Communications Act of 1934), any person if--
``(i) such person owns, directly or
indirectly, a qualified interest in 20 or fewer
broadcast stations (as so defined), and
``(ii) the fair market value of the
aggregate interests of such person in broadcast
stations (as so defined) is equal to or greater
than 50 percent of the net assets of such
entity, and
``(B) in the case of any other telecommunications
sale--
``(i) any individual, and
``(ii) any partnership or corporation if--
``(I) the net assets of such entity
do not exceed $18,000,000, and
``(II) the average after-tax income
of such entity for the preceding 2
taxable years does not exceed
$6,000,000.
``(2) Qualified interest in broadcast stations.--An
interest in a broadcast station shall be treated as qualified
if such interest represents 50 percent or more of the total
assets of the station.
``(3) Each business limited to 3 purchases.--A person shall
not be a qualified business with respect to a qualified
telecommunications sale if such person (or any predecessor) was
the purchaser in more than 2 prior qualified telecommunications
sales for which an election under this section was made by the
seller.
``(4) Special rules for qualified business determination.--
For purposes of paragraph (1)--
``(A) Net assets.--The term `net assets' means the
excess of the aggregate gross assets (as defined in
section 1202(d)(2)) of the entity over the indebtedness
of such entity.
``(B) After-tax income.--The term `after-tax
income' means taxable income reduced by the net income
tax for the taxable year. For purposes of the preceding
sentence, the term `net income tax' means the tax
imposed by this chapter reduced by the sum of the
credits allowable under part IV of subchapter A of this
chapter. Rules similar to the rules of subparagraphs
(A), (B), and (D) of section 448(c)(3) shall apply in
determining average after-tax income.
``(5) Aggregation rules.--For purposes of this subsection,
all persons treated as a single employer under subsection (a)
or (b) of section 52 or subsection (m) or (o) of section 414
shall be treated as one person.
``(e) Telecommunications Business.--The term `telecommunications
business' means any business providing communication services by wire,
cable, radio, satellite, or other technology if the providing of such
services is governed by the Communications Act of 1934 or the
Telecommunications Act of 1996.
``(f) Special Rules.--
``(1) In general.--In applying section 1033 for purposes of
subsection (a) of this section, stock of a corporation
operating a telecommunications business, whether or not
representing control of such corporation, shall be treated as
property similar or related in service or use to the property
sold in the qualified telecommunications sale.
``(2) Election to reduce basis rather than recognize
remainder of gain.--If--
``(A) a taxpayer elects the treatment under
subsection (a) with respect to any qualified
telecommunications sale, and
``(B) an amount of gain would (but for this
paragraph) be recognized on such sale other than by
reason of subsection (b),
then the amount of such gain shall not be recognized to the
extent that the taxpayer elects to reduce the basis of
depreciable property (as defined in section 1017(b)(3)) held by
the taxpayer immediately after the sale or acquired in the same
taxable year. The manner and amount of such reduction shall be
determined under regulations prescribed by the Secretary.
``(3) Basis.--For basis of property acquired on a sale or
exchange treated as an involuntary conversion under subsection
(a), see section 1033(b).
``(g) Recapture of Tax Benefit if Telecommunications Business
Resold Within 3 Years, Etc.--
``(1) In general.--If, within 3 years after the date of any
qualified telecommunications sale, there is a recapture event
with respect to the property involved in such sale, then the
purchaser's tax imposed by this chapter for the taxable year in
which such event occurs shall be increased by 20 percent of the
lesser of the consideration furnished by the purchaser in such
sale or the dollar limitation of subsection (b).
``(2) Exception for reinvested amounts.--Paragraph (1)
shall not apply to any recapture event which is a sale if--
``(A) the sale is a qualified telecommunications
sale, or
``(B) during the 60-day period beginning on the
date of such sale, the taxpayer is the purchaser in
another qualified telecommunications sale in which the
consideration furnished by the taxpayer is not less
than the amount realized on the recapture event sale.
``(3) Recapture event.--For purposes of this subsection,
the term `recapture event' means, with respect to any qualified
telecommunications sale--
``(A) any sale or other disposition of the assets
or stock referred to in subsection (c) which were
acquired by the taxpayer in such sale, and
``(B) in the case of a qualified telecommunications
sale described in subsection (c)(2)--
``(i) , any sale or other disposition of a
telecommunications business by the corporation
referred to in such subsection, or
``(ii) any other transaction which results
in the qualified business not having control
(as defined in subsection (c)(2)(A)) of such
corporation.
Such term shall not include any sale or other disposition
resulting from the default, or imminent default, of any
indebtedness of the taxpayer.''.
(b) Clerical Amendment.--The table of parts for subchapter O of
chapter 1 of such Code is amended by inserting after the item relating
to part IV the following new item:
``Part V. Certain Sales of Telecommunications Businesses''.
(c) Effective Date.--The amendments made by this section shall
apply to sales in taxable years beginning after the date of the
enactment of this Act.
SEC. 2. LOAN GUARANTEE PROGRAM TO ENCOURAGE DIVERSITY OF OWNERSHIP OF
TELECOMMUNICATIONS BUSINESSES.
(a) In General.--The Administrator of the Small Business
Administration may guarantee any loan made to a qualified business for
the purchase of assets or stock described in section 1071(c) of the
Internal Revenue Code of 1986 (relating to qualified telecommunications
sale) if the sale of such assets or stock is certified by the Federal
Communications Commission to be in furtherance of such Commission's
policy of expanding ownership of telecommunications businesses.
(b) Limitations.--
(1) Security.--The Administrator shall not guarantee any
loan under subsection (a) unless the guaranteed portion of such
loan is secured by a first lien position or first mortgage on
the stock or assets financed by the loan.
(2) Guarantee percentage.--The amount of any loan
guaranteed by the Administrator under subsection (a) shall not
exceed 95 percent of the balance of the financing outstanding
at the time of disbursement of the loan.
(3) Fees.--With respect to each loan guaranteed under
subsection (a) (other than a loan that is repayable in 1 year
or less), the Administrator may collect a guarantee fee, which
shall be payable by the participating lender, and may be
charged to the borrower.
(4) Forfeiture of fcc license.--The Administrator shall not
guarantee any loan under subsection (a) unless such loan
provides that any license issued by the Federal Communications
Commission to the borrower shall by returned and forfeited by
the borrower to the Federal Communications Commission
immediately upon a finding by the Administrator that such
borrower is in default under such loan.
(c) General Authority.--For purposes of carrying out this section,
the Administrator may--
(1) enter into contracts with private and Federal entities
for professional and other services;
(2) enter into memorandums of understanding with other
Federal agencies; and
(3) issue regulations, including regulations regarding--
(A) notice of and opportunity to cure a default;
(B) procedures related to foreclosure; and
(C) such other matters as the Administrator
considers appropriate.
(d) Definitions.--For purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Qualified business.--The term ``qualified business''
has the meaning given such term in section 1071(d) of the
Internal Revenue Code of 1986.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section. | Amends the Internal Revenue Code to treat as an involuntary conversion, and to not recognize gain of up to $75 million, qualified communications sales. Limits such sales to, among other limitations, businesses owning a qualified interest in 20 or fewer broadcast stations and with specified asset limitations.
Authorizes Small Business Administration loan guarantees for such sales. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives to encourage diversity of ownership of telecommunications businesses, and for other purposes."} | 2,474 | 75 | 0.559849 | 1.392618 | 0.487725 | 1.892308 | 33.676923 | 0.784615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passport Identity Verification
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A United States passport is an official government
document issued by the Department of State, which can be
obtained by United States nationals.
(2) A valid United States passport has many uses,
including--
(A) certifying an individual's identity and
verifying that a person is a United States national;
(B) allowing the passport holder to travel to
foreign countries with an internationally recognized
travel document;
(C) facilitating international travel;
(D) obtaining further identification documents; and
(E) setting up bank accounts.
(3) A United States national may obtain a United States
passport for the first time by applying in person to a passport
acceptance facility with 2 passport photographs, proof of
United States nationality, and a valid form of photo
identification, such as a driver's license. Passport acceptance
facilities are located throughout the United States.
(4) Because United States passports issued under a false
identity enable individuals to conceal their movements and
activities, passport fraud could facilitate--
(A) acts of terrorism;
(B) espionage; and
(C) other crimes, such as illegal immigration,
money laundering, drug trafficking, tax evasion, and
alien smuggling.
(5) Since malicious individuals may seek to exploit
potential vulnerabilities in the passport issuance process, it
is important that personnel who are involved in the granting,
refusal, revocation, or adjudication of United States passport
applications have access to relevant information contained in
Federal, State, and other records and databases for the
purposes of lawfully--
(A) verifying the identity of a passport applicant;
(B) detecting passport fraud; and
(C) denying or revoking a passport.
(6) In its final report, the National Commission on
Terrorist Attacks Upon the United States (commonly known as the
``9/11 Commission'')--
(A) noted the ease with which terrorists could
obtain United States identity documents, such as
fraudulent driver's licenses, birth certificates, and
other sources of identification, which could be used by
terrorists to obtain United States passports that would
allow them to board airlines, rent cars, open bank
accounts, and carry on other activities needed to
facilitate their mission; and
(B) concluded that funding and completing a
``biometric entry-exit screening system'' for travelers
to and from the United States is essential to our
national security.
(7) The use of biometrics and technology for foreign
nationals who are visiting the country--
(A) helps to make travel simple, easy, and
convenient for legitimate visitors; and
(B) dramatically improves the ability to detect the
activities of those who wish to do harm or violate the
laws of the United States.
SEC. 3. ACCESS TO RELEVANT INFORMATION IN FEDERAL, STATE, AND OTHER
RECORDS AND DATABASES.
Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104)
is amended by adding at the end the following:
``(f) Authorized Data Sharing Activities.--(1) For data sharing
purposes only, and notwithstanding any other provision of law, when
Department of State personnel authorized by the Secretary of State to
grant, refuse, revoke, deny, or adjudicate United States passports are
lawfully engaged in authorized data sharing activities relating to the
granting, refusal, revocation, or adjudication of such passports, such
activities shall be considered law enforcement activities that involve
the administration of criminal justice (as defined in section 20.3 of
title 28, Code of Federal Regulations).
``(2) Designated Department of State personnel with the authority
to grant, refuse, revoke, deny or adjudicate United States passports
are engaged in `authorized data sharing activities' (as set forth in
paragraph (1) and the regulations promulgated pursuant to section 4 of
the Passport Identity Verification Act) if such personnel act in
compliance with such regulations and are seeking to lawfully--
``(A) verify the identity of a passport applicant;
``(B) detect passport fraud; or
``(C) deny or revoke a passport.''.
SEC. 4. DATA SHARING REGULATIONS, PROCEDURES, AND POLICIES.
(a) Rulemaking.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of State shall promulgate final
regulations to implement section 104(f) of the Immigration and
Nationality Act, as added by section 3. Such regulations shall--
(1) specify which Department of State personnel have a need
to know and will be given access to the relevant information
contained in the records and databases described in such
section;
(2) require Department of State personnel who will be given
access to the relevant information contained in the records and
databases described in such section to successfully complete
all ongoing training and certification requirements for such
access;
(3) require Department of State personnel to access the
relevant information contained in such records and databases
for the lawful purposes set forth in such section and this Act;
(4) ensure that the relevant information contained in the
records and databases described in such section, are only
accessed for the lawful purposes set forth in such section and
this Act;
(5) ensure that the Department of State personnel accessing
the information contained in such records and databases--
(A) do not violate the security, confidentiality,
or privacy of such information;
(B) successfully complete all ongoing training and
certification requirements for access to such
information; and
(C) do not have access to any medical, religious,
or other personal information that is irrelevant to the
lawful purposes set forth in such section and this Act;
(6) establish audit and reporting procedures and policies
to verify that the information contained in such records and
databases is only being accessed for the lawful purposes set
forth in such section and this Act;
(7) require prompt reporting to Under Secretary of State
for Management, of--
(A) any unauthorized access to the information
contained in such records and databases; or
(B) any access to the information contained in such
records and databases for unauthorized purposes; and
(8) require the Under Secretary of State for Management to
conduct a regular review of--
(A) the audit and reporting procedures and policies
to determine whether such procedures and policies are
working properly; and
(B) the ongoing training and certification
requirements to determine whether there has been
compliance with such requirements.
(b) Defined Term.--As used in this Act, the term ``relevant
information'' means information relating to a person that is contained
in records and databases maintained by any Federal, State, tribal,
territory, or local government department or agency, or private entity
or organization, which contains--
(1) criminal history information;
(2) driver's license or motor vehicle information
(including photographs);
(3) marriage, birth, or death information;
(4) naturalization or immigration information; or
(5) other information that can be used to lawfully verify
the identity of the passport applicant, detect passport fraud,
or deny or revoke a passport, except for medical, religious,
and other personal information and records which are irrelevant
to such purposes.
SEC. 5. STUDY AND REPORT.
(a) Study.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, the Attorney General,
and the United States Postmaster General, shall carry out a
study to determine--
(A) if persons applying for or renewing a United
States passport should provide biometric information,
including photographs that meet standards that enhance
the ability of facial recognition technology--
(i) to verify the identity of the passport
applicant and user; and
(ii) to detect passport fraud; and
(B) if technology should be employed to verify the
authenticity of driver's licenses and other identity
documents that are presented at passport acceptance
facilities.
(2) Factors.--In carrying out the study under paragraph
(1), the Secretary of State shall consider all relevant
factors, including--
(A) how the biometric information and technology
would be used and stored;
(B) the costs and benefits to be gained; and
(C) the effect on the individual's privacy and the
economy.
(b) Report.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of State shall submit
a report to the congressional committees set forth in paragraph
(2) that contains the results of the study carried out under
subsection (a), including a recommendation with respect to the
use of biometric information and technology to verify the
identity of a passport applicant and user and to detect
passport fraud.
(2) Congressional committees.--The congressional committees
set forth in this paragraph are--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on the Judiciary of the House of
Representatives;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on Homeland Security of the House
of Representatives; and
(G) the Committee on Oversight and Government
Reform of the House of Representatives. | Passport Identity Verification Act - Amends the Immigration and Nationality Act to consider, for data sharing purposes only, that when Department of State personnel authorized by the Secretary of State to grant, refuse, revoke, deny, or adjudicate U.S. passports are lawfully engaged in authorized data sharing activities regarding such passport activities, those activities shall be considered law enforcement activities involving the administration of criminal justice.
Considers such Department personnel to be engaged in authorized data sharing activities when lawfully seeking to: (1) verify the identity of a passport applicant, (2) detect passport fraud, or (3) deny or revoke a passport.
Directs the Secretary to promulgate implementing regulations regarding data sharing regulations, procedures, and policies.
Directs the Secretary to conduct a study, and report to Congress, to determine: (1) if U.S. passport applicants or renewals should provide biometric identification information, and (2) if technology should be employed to verify identity documents. | {"src": "billsum_train", "title": "A bill to authorize certain Department of State personnel, who are responsible for examining and processing United States passport applications, to access relevant information in Federal, State, and other records and databases, for the purpose of verifying the identity of a passport applicant and detecting passport fraud, and for other purposes."} | 2,024 | 208 | 0.554376 | 1.580368 | 0.929614 | 4.420765 | 10.765027 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Filing Simplification Act of
2016''.
SEC. 2. PROHIBITION ON AGREEMENTS RESTRICTING GOVERNMENT TAX
PREPARATION AND FILING SERVICES.
The Secretary of the Treasury, or the Secretary's delegate, may not
enter into any agreement after the date of the enactment of this Act
which restricts the Secretary's legal right to provide tax return
preparation services or software or to provide tax return filing
services.
SEC. 3. GOVERNMENT-ASSISTED TAX PREPARATION AND FILING SERVICES.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. GOVERNMENT-ASSISTED TAX-RETURN PREPARATION PROGRAMS.
``(a) Establishment of Programs.--The Secretary shall establish and
operate the following programs:
``(1) Online tax preparation and filing software.--Not
later than January 31, 2018, software for the preparation and
filing of individual income tax returns for taxable years
beginning after 2016.
``(2) Taxpayer data access.--Not later than March 1, 2018,
a program under which taxpayers may download third-party
provided return information relating to individual income tax
returns for taxable years beginning after 2016.
``(3) Tax return preparation.--Not later than March 1,
2018, a program under which eligible individuals (as defined
under subsection (c)(1)) may elect to have income tax returns
for taxable years beginning after 2016 prepared by the
Secretary.
``(b) Requirements for Taxpayer Data Access Program.--
``(1) In general.--Return information under the program
established under subsection (a)(2) shall be made available--
``(A) not later than 15 days after the Secretary
receives such information, and
``(B) through a secure function that allows a
taxpayer to download such information from the
Secretary's website in both a printable document file
and in a computer-readable form suitable for use by
automated tax preparation software.
``(2) Third-party provided return information defined.--For
purposes of this section, the term `third-party provided return
information' means--
``(A) information reported to the Secretary through
an information return (as defined in section
6724(d)(1)),
``(B) information reported to the Secretary
pursuant to section 232 of the Social Security Act, and
``(C) such other information reported to the
Secretary as is determined appropriate by the Secretary
for purposes of the program established under
subsection (a)(2).
``(c) Tax Return Preparation.--
``(1) Eligible individual.--For purposes of the program
established under subsection (a)(3)--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the term `eligible
individual' means, with respect to any taxable year,
any individual who--
``(i) elects to participate in the program
established under subsection (a)(3),
``(ii) is an unmarried individual (other
than a surviving spouse (as defined in section
2(a))) or the head of a household (as defined
in section 2(b)),
``(iii) does not claim any deduction
allowed under section 62 for purposes of
determining adjusted gross income,
``(iv) claims the standard deduction under
section 63,
``(v) claims no deduction under section 151
for any individual who is a dependent (as
defined in section 152),
``(vi) does not file Schedule C, and
``(vii) has no income other than income
from--
``(I) wages (as defined in section
3401),
``(II) interest, or
``(III) dividends.
``(B) Limitation on eligibility for tax year
2017.--With respect to any taxable year beginning in
2017, the term `eligible individual' shall only include
such populations of individuals described in
subparagraph (A) as is determined by the Secretary.
``(C) Expansion of eligibility after tax year
2017.--
``(i) In general.--At the discretion of the
Secretary, with respect to any taxable year
beginning after December 31, 2017, the term
`eligible individual' may include populations
of individuals who would not otherwise satisfy
the requirements established under subparagraph
(A), such as married individuals, heads of
households, taxpayers who are eligible to claim
the earned income tax credit under section 32
and have dependents, taxpayers who are eligible
to claim the child tax credit under section 24,
taxpayers who claim deductions allowed under
section 62 for purposes of determining adjusted
gross income, and taxpayers with income from
nonemployee compensation.
``(ii) Report.--Not later than August 31,
2019, the Secretary shall submit a report to
Congress that contains recommendations for such
legislative or administrative actions as the
Secretary determines necessary with respect to
expanding the populations of individuals that
may qualify as eligible individuals for
purposes of the program established under
subsection (a)(3).
``(2) Return must be filed by individual.--No return
prepared under the program established under subsection (a)(3)
shall be treated as filed before the date such return is
submitted by the taxpayer as provided under the rules of
section 6011.
``(d) Verification of Identity.--An individual shall not
participate in any program described in subsection (a) or access any
information under such a program unless such individual has verified
their identity to the satisfaction of the Secretary.
``(e) Taxpayer Responsibility.--Nothing in this section shall be
construed to absolve the taxpayer from full responsibility for the
accuracy or completeness of his return of tax.
``(f) Prohibition on Fees.--No fee may be imposed on any taxpayer
who participates in any program established under subsection (a).
``(g) Information Provided for Wage and Self-Employment Income.--
For purposes of subsection (a)(2), in the case of information relating
to wages paid for any calendar year after 2016 required to be provided
to the Commissioner of Social Security under section 205(c)(2)(A) of
the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner
shall make such information available to the Secretary not later than
February 15 of the calendar year following the calendar year to which
such wages and self-employment income relate.''.
(b) Filing Deadline for Information Returns.--Section 6071(b) of
such Code is amended to read as follows:
``(b) Information Returns.--Returns made under part III of this
chapter shall be filed on or before January 31 of the year following
the calendar year to which such returns relate. Section 6081 shall not
apply to returns under such part III.''.
(c) Conforming Amendment to Social Security Act.--Section
205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)) is
amended by adding at the end the following new sentence: ``For purposes
of the preceding sentence, the Commissioner shall require that
information relating to wages paid be provided to the Secretary of the
Treasury not later than February 15 of the year following the calendar
year to which such wages and self-employment income relate.''.
(d) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Government-assisted tax-return preparation programs.''.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the amendments made by this section such sums
as may be necessary for each of fiscal years 2017 through 2021.
(f) Effective Date.--The amendments made by this section shall
apply to returns for taxable years beginning after December 31, 2016. | Tax Filing Simplification Act of 2016 This bill amends the Internal Revenue Code to require the Internal Revenue Service (IRS) to establish and operate the following programs free of charge: online tax preparation and filing software, a program for taxpayers to download third-party provided return information relating to individual income tax returns, and a program to permit individuals with simplified tax situations to elect to have the IRS prepare their returns. The IRS may not enter into any agreement which restricts its legal right to provide tax return preparation services, software, or tax return filing services. An individual participating in the programs established by this bill must verify their identity to the satisfaction of the IRS. | {"src": "billsum_train", "title": "Tax Filing Simplification Act of 2016"} | 1,806 | 138 | 0.607773 | 1.612708 | 0.666749 | 2.654135 | 12.052632 | 0.834586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bend Pine Nursery Land Conveyance
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(2) State.--The term ``State'' means the State of Oregon.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following
National Forest System land and improvements:
(1) Tract A, Bend Pine Nursery, comprising approximately 210
acres, as depicted on site plan map entitled ``Bend Pine Nursery
Administrative Site, May 13, 1999''.
(2) Tract B, the Federal Government owned structures located at
Shelter Cove Resort, Deschutes National Forest, buildings only, as
depicted on site plan map entitled ``Shelter Cove Resort, November
3, 1997''.
(3) Tract C, portions of isolated parcels of National Forest
Land located in Township 20 south, Range 10 East section 25 and
Township 20 South, Range 11 East sections 8, 9, 16, 17, 20, and 21
consisting of approximately 1,260 acres, as depicted on map
entitled ``Deschutes National Forest Isolated Parcels, January 1,
2000''.
(4) Tract D, Alsea Administrative Site, consisting of
approximately 24 acres, as depicted on site plan map entitled
``Alsea Administrative Site, May 14, 1999''.
(5) Tract F, Springdale Administrative Site, consisting of
approximately 3.6 acres, as depicted on site plan map entitled
``Site Development Plan, Columbia Gorge Ranger Station, April 22,
1964''.
(6) Tract G, Dale Administrative Site, consisting of
approximately 37 acres, as depicted on site plan map entitled
``Dale Compound, February 1999''.
(7) Tract H, Crescent Butte Site, consisting of approximately
.8 acres, as depicted on site plan map entitled ``Crescent Butte
Communication Site, January 1, 2000''.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this Act, any
sale or exchange of National Forest System land under subsection (a)
shall be subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitations of Offers.--
(1) In general.--Subject to paragraph (3), the Secretary may
solicit offers for sale or exchange of land under this section on
such terms and conditions as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(3) Right of first refusal.--The Bend Metro Park and Recreation
District in Deschutes County, Oregon, shall be given the right of
first refusal to purchase the Bend Pine Nursery described in
subsection (a)(1).
(f) Revocations.--
(1) In general.--Any public land order withdrawing land
described in subsection (a) from all forms of appropriation under
the public land laws is revoked with respect to any portion of the
land conveyed by the Secretary under this section.
(2) Effective date.--The effective date of any revocation under
paragraph (1) shall be the date of the patent or deed conveying the
land.
SEC. 4. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under section 3(a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative and visitor facilities and associated land in
connection with the Deschutes National Forest;
(2) the construction of a bunkhouse facility in the Umatilla
National Forest; and
(3) to the extent the funds are not necessary to carry out
paragraphs (1) and (2), the acquisition of land and interests in
land in the State.
(c) Administration.--Subject to valid existing rights, the
Secretary shall manage any land acquired by purchase or exchange under
this Act in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.) (commonly known as the ``Weeks Act'') and other laws (including
regulations) pertaining to the National Forest System.
SEC. 5. CONSTRUCTION OF NEW ADMINISTRATIVE FACILITIES.
The Secretary may acquire, construct, or improve administrative
facilities and associated land in connection with the Deschutes
National Forest System by using--
(1) funds made available under section 4(b); and
(2) to the extent the funds are insufficient to carry out the
acquisition, construction, or improvement, funds subsequently made
available for the acquisition, construction, or improvement.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | States that consideration may include land or improvements, and permits a cash equalization payment exceeding 25 percent of the exchanged land.
Grants right of first refusal to purchase the Bend Pine Nursery to the Bend Metro Park and Recreation District in Deschutes County, Oregon.
(Sec. 4) Requires proceeds to be deposited in the fund established under the Sisk Act. Makes the proceeds from any such sale available to the Secretary without further appropriations Act for: (1) acquisition, construction, or improvement of visitor and administrative facilities and land in connection with the Deschutes National Forest; (2) construction of a bunkhouse facility in the Umatilla National Forest; and (3) acquisition of land and land interests in Oregon.
(Sec. 5) Authorizes the Secretary to use such proceeds or other funds subsequently made available to acquire, construct, or improve administrative facilities and related land in connection with the Deschutes National Forest System.
(Sec. 6) Authorizes appropriations. | {"src": "billsum_train", "title": "Bend Pine Nursery Land Conveyance Act"} | 1,300 | 213 | 0.535679 | 1.61534 | 0.680416 | 3.406417 | 6.28877 | 0.935829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Equity Act of
2005''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) Guarantee.--
``(1) In general.--For each of fiscal years 2005 through
2009, the Secretary shall allocate among the States amounts
sufficient to ensure that the percentage for each State of the
total apportionments for the fiscal year for the National
Highway System under section 103(b), the high priority projects
program under section 117, the Interstate maintenance program
under section 119, the surface transportation program under
section 133, metropolitan planning under section 134, the
highway bridge replacement and rehabilitation program under
section 144, the congestion mitigation and air quality
improvement program under section 149, the recreational trails
program under section 206, the Appalachian development highway
system under subtitle IV of title 40, and the minimum guarantee
under this paragraph, equals or exceeds the percentage
determined for the State under paragraph (2).
``(2) State percentages.--
``(A) In general.--Except as provided in
subparagraph (B), the percentage for each State
referred to in paragraph (1) is the percentage that is
equal to 95 percent of the ratio that--
``(i) the estimated tax payments
attributable to highway users in the State paid
into the Highway Trust Fund (other than the
Mass Transit Account) in the most recent fiscal
year for which data are available; bears to
``(ii) the estimated tax payments
attributable to highway users in all States
paid into the Highway Trust Fund (other than
the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(B) Exception.--In the case of a State having a
population density of less than 50 individuals per
square mile according to the 2000 decennial census, the
percentage referred to in paragraph (1) shall be the
greater of--
``(i) the percentage determined under
subparagraph (A); or
``(ii) the percentage specified in
subsection (e).
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in
subsection (a)(1) (other than the high priority projects
program, metropolitan planning, the recreational trails
program, the Appalachian development highway system, and the
minimum guarantee under subsection (a)) is equal to the product
obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1) (other than the high priority
projects program, metropolitan planning, the
recreational trails program, the Appalachian
development highway system, and the minimum
guarantee under subsection (a)) for a fiscal
year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2005 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2005 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(2) for the fiscal year
exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(2) that exceeds
100 percent.''; and
(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(2)(B)(ii) and (d)''. | Highway Funding Equity Act of 2005 - Amends Federal highway law to revise Federal highway minimum guarantee requirements.
Requires the Secretary of Transportation, for each of FY 2005 through 2009, to allocate among the States amounts sufficient to ensure that the percentage for each State of the total apportionments for the fiscal year for certain Federal-aid highway programs (including the basic minimum guarantee under this Act) equals or exceeds 95 percent of the ratio that the estimated gas tax payments attributable to highway users in the State paid into the Highway Trust Fund (HTF) bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile).
Provides for: (1) the programmatic distribution of funds above $2.8 billion for certain Federal-aid highway programs; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100 percent. | {"src": "billsum_train", "title": "A bill to amend title 23, United States Code, to increase the minimum allocation provided to states for use in carrying out certain highway programs."} | 1,255 | 214 | 0.666885 | 1.953123 | 0.949503 | 3.397906 | 6.057592 | 0.832461 |
SECTION 1. ARMY RESERVE COMMAND.
(a) Establishment as Permanent Major Army Command.--(1) Chapter 307
of title 10, United States Code, is amended by adding at the end the
following new section:
``Sec. 3082. Army Reserve Command
``(a) Establishment of Command.--There is in the Army an Army
Reserve Command, which shall be a major command of the Army. The
Secretary of the Army shall maintain that command with the advice and
assistance of the Chief of Staff of the Army.
``(b) Commander.--The Chief of Army Reserve is the commander of the
Army Reserve Command. The commander of the Army Reserve Command reports
directly to the Chief of Staff.
``(c) Assignment of Forces.--The Secretary of the Army shall assign
to the Army Reserve Command all forces of the Army Reserve.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3082. Army Reserve Command.''.
(b) Grade of Chief of Army Reserve.--Subsection (c) of section 3038
of such title is amended by striking out ``major general'' in the third
sentence and inserting in lieu thereof ``lieutenant general''.
(c) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is
repealed.
(d) Transition Provision.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Army shall submit to
the Committees on Armed Services and the Committees on Appropriations
of the Senate and House of Representatives a report on the plans of the
Secretary for implementation of section 3082 of title 10, United States
Code, as added by subsection (a). Such implementation shall begin not
later than 90 days after the date of the enactment of this Act and
shall be completed not later than one year after such date.
SEC. 2. NAVAL RESERVE COMMAND.
(a) Establishment as Permanent Major Naval Command.--(1) Chapter
519 of title 10, United States Code, is amended by adding at the end
the following new section:
``Sec. 5253. Naval Reserve Command
``(a) Establishment of Command.--There is in the Navy a Naval
Reserve Command, which shall be a major command of the Navy. The
Secretary of the Navy shall maintain that command with the advice and
assistance of the Chief of Naval Operations.
``(b) Commander.--The Chief of Naval Reserve is the commander of
the Naval Reserve Command. The commander of the Naval Reserve Command
reports directly to the Chief of Naval Operations.
``(c) Assignment of Forces.--The Secretary of the Navy shall assign
to the Naval Reserve Command all forces of the Naval Reserve.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``5253. Naval Reserve Command.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title is
amended by inserting after section 5142a the following new section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief
``(a) There is in the executive part of the Department of the Navy
an Office of the Naval Reserve which is headed by a chief who is the
adviser to the Chief of Naval Operations on Naval Reserve matters.
``(b) The President, by and with the advice and consent of the
Senate, shall appoint the Chief of Naval Reserve from officers of the
Naval Reserve not on active duty, or on active duty under section 265
of this title, who--
``(1) have had at least 10 years of commissioned service in
the Naval Reserve;
``(2) are in the grade of rear admiral (lower half) and
above; and
``(3) have been recommended by the Secretary of the Navy.
``(c) The Chief of Naval Reserve holds office for four years but
may be removed for cause at any time. He is eligible to succeed
himself. If he holds a lower reserve grade, he shall be appointed in
the grade of vice admiral for service in the Naval Reserve.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5142a the
following new item:
``5143. Office of Naval Reserve: appointment of Chief.''.
SEC. 3. MARINE CORPS RESERVE COMMAND.
(a) Establishment as Permanent Major Marine Corps Command.--(1)
Chapter 519 of title 10, United States Code (as amended by section
2(a)), is further amended by adding at the end the following new
section:
``Sec. 5254. Marine Corps Reserve Command
``(a) Establishment of Command.--There is in the Marine Corps a
Marine Corps Reserve Command, which shall be a major command of the
Marine Corps. The Secretary of the Navy shall maintain that command
with the advice and assistance of the Commandant of the Marine Corps.
``(b) Commander.--The Chief of Marine Corps Reserve is the
commander of the Marine Corps Reserve Command. The commander of the
Marine Corps Reserve Command reports directly to the Commandant of the
Marine Corps.
``(c) Assignment of Forces.--The Secretary of the Navy shall assign
to the Marine Corps Reserve Command all forces of the Marine Corps
Reserve.''.
(2) The table of sections at the beginning of such chapter (as
amended by section 2(a)) is amended by adding at the end the following
new item:
``5254. United States Marine Corps Reserve Command.''.
(b) Chief of Marine Corps Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5143 (as added by section 2(b))
the following new section:
``Sec. 5144. Office of Marine Corps Reserve: appointment of Chief
``(a) There is in the executive part of the Department of the Navy
an Office of the Marine Corps Reserve which is headed by a chief who is
the adviser to the Commandant of the Marine Corps on Marine Corps
Reserve matters.
``(b) The President, by and with the advice and consent of the
Senate, shall appoint the Chief of Marine Corps Reserve from officers
of the Marine Corps Reserve not on active duty, or on active duty under
section 265 of this title, who--
``(1) have had at least 10 years of commissioned service in
the Marine Corps Reserve;
``(2) are in the grade of major general and above; and
``(3) have been recommended by the Secretary of the Navy.
``(c) The Chief of Marine Corps Reserve holds office for four years
but may be removed for cause at any time. He is eligible to succeed
himself. If he holds a lower reserve grade, he shall be appointed in
the grade of lieutenant general for service in the Marine Corps
Reserve.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5143 (as added
by section 2(b)) the following new item:
``5144. Office of Marine Corps Reserve: appointment of Chief.''.
SEC. 4. AIR FORCE RESERVE COMMAND.
(a) Establishment as Permanent Major Air Force Command.--(1)
Chapter 807 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 8082. Air Force Reserve Command
``(a) Establishment of Command.--There is in the Air Force an Air
Force Reserve Command, which shall be a major command of the Air Force.
The Secretary of the Air Force shall maintain that command with the
advice and assistance of the Chief of Staff of the Air Force.
``(b) Commander.--The Chief of Air Force Reserve is the commander
of the Air Force Reserve Command. The commander of the Air Force
Reserve Command reports directly to the Chief of Staff of the Air
Force.
``(c) Assignment of Forces.--The Secretary of the Air Force shall
assign to the Air Force Reserve Command all forces of the Air Force
Reserve.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8082. Air Force Reserve Command.''.
(b) Grade of Chief of Air Force Reserve.--Subsection (c) of section
8038 of such title is amended by striking out ``major general'' in the
third sentence and inserting in lieu thereof ``lieutenant general''. | Establishes in the appropriate military department an Army, Navy, Air Force, and Marine Corps Reserve Command, to be commanded by the appropriate Chief of such department. Requires the Secretary of the military department concerned to assign to that department's Command all the current reserve forces.
Establishes in the Navy the Office of Naval Reserve and the Office of Marine Corps Reserve, each headed by a chief who shall be the advisor to the Chief of Naval Operations and the Commandant of the Marine Corps, respectively, on all Naval Reserve or Marine Corps Reserve matters. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to establish a separate reserve component command within each of the Army, the Navy, the Air Force, and the Marine Corps."} | 1,893 | 117 | 0.59007 | 1.468858 | 0.483159 | 2.46729 | 16.71028 | 0.859813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforestation Tax Act of 2003''.
SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER.
``(a) In General.--At the election of any taxpayer who has
qualified timber gain for any taxable year, there shall be allowed as a
deduction from gross income an amount equal to the qualified percentage
of such gain.
``(b) Qualified Timber Gain.--For purposes of this section, the
term `qualified timber gain' means long-term capital gain from the sale
or exchange of timber.
``(c) Qualified Percentage.--For purposes of this section, the term
`qualified percentage' means the percentage (not exceeding 50 percent)
determined by multiplying--
``(1) 3 percent, by
``(2) the number of years in the holding period of the
taxpayer with respect to the timber.
``(d) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.''
(b) Coordination With Maximum Rates of Tax on Net Capital Gains.--
(1) Subsection (h)(4) of section 1 of such Code (relating
to maximum capital gains rate) is amended by striking ``and''
at the end of subparagraph (A), by striking the period at the
end of subparagraph (B) and inserting ``; and'', and by adding
at the end the following new subparagraph:
``(C) qualified timber gain with respect to which
an election is in effect under section 1203.''
(2) Subsection (a) of section 1201 of such Code (relating
to the alternative tax for corporations) is amended by
inserting at the end thereof the following new sentence:
``For purposes of this section, net capital gain shall be determined
without regard to qualified timber gain (as defined in section 1203)
with respect to which an election is in effect under section 1203.''
(c) Allowance of Deduction in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (relating to definition of
adjusted gross income) is amended by inserting after paragraph (18) the
following new paragraph:
``(19) Partial inflation adjustment for timber.--The
deduction allowed by section 1203.''
(d) Technical Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of such Code is
amended to read as follows:
``(B) the exclusion under section 1202 and the
deduction under section 1203 shall not be allowed.''
(2) The last sentence of section 453A(c)(3) of such Code is
amended by striking ``(whichever is appropriate)'' and
inserting ``or the deduction under section 1203 (whichever is
appropriate)''.
(3) Section 641(c)(2)(C) of such Code is amended by
inserting after clause (iii) the following new clause:
``(iv) The deduction under section 1203.''
(4) The first sentence of section 642(c)(4) of such Code is
amended to read as follows: ``To the extent that the amount
otherwise allowable as a deduction under this subsection
consists of gain described in section 1202(a) or qualified
timber gain (as defined in section 1203(b)), proper
adjustment shall be made for any exclusion allowable under section
1202, and any deduction allowable under section 1203, to the estate or
trust.''
(5) The last sentence of section 643(a)(3) of such Code is
amended to read as follows: ``The exclusion under section 1202
and the deduction under section 1203 shall not be taken into
account.''
(6) Subparagraph (C) of section 643(a)(6) of such Code is
amended by inserting ``(i)'' before ``there shall'' and by
inserting before the period ``, and (ii) the deduction under
section 1203 (relating to partial inflation adjustment for
timber) shall not be taken into account''.
(7) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(8) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by striking ``section 1202'' and
inserting ``sections 1202 and 1203''.
(e) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1203. Partial inflation adjustment
for timber.''
(f) Effective Date.--The amendments made by this section shall
apply to sales or exchanges after December 31, 2002.
SEC. 3. 100 PERCENT DEDUCTION FOR REFORESTATION EXPENDITURES TO REPLACE
AMORTIZATION.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 199. REFORESTATION EXPENDITURES.
``(a) Allowance of Deduction.--In the case of any qualified timber
property with respect to which the taxpayer has made (in accordance
with regulations prescribed by the Secretary) an election under this
subsection, there shall be allowed as a deduction for the taxable year
an amount equal to the reforestation expenditures paid or incurred by
the taxpayer during such year with respect to such property.
``(b) Qualified Timber Property.--The term `qualified timber
property' means a woodlot or other site located in the United States
which will contain trees in significant commercial quantities and which
is held by the taxpayer for the planting, cultivating, caring for, and
cutting of trees for sale or use in the commercial production of timber
products.
``(c) Reforestation Expenditures.--
``(1) In general.--For purposes of this section, the term
`reforestation expenditures' means direct costs incurred in
connection with forestation or reforestation by planting or
artificial or natural seeding, including costs--
``(A) for the preparation of the site,
``(B) of seeds or seedlings, and
``(C) for labor and tools, including depreciation
of equipment such as tractors, trucks, tree planters,
and similar machines used in planting or seeding.
``(2) Cost-sharing programs.--Reforestation expenditures
shall not include any expenditures for which the taxpayer has
been reimbursed under any governmental reforestation cost-
sharing program unless the amounts reimbursed have been
included in the gross income of the taxpayer.
``(d) Life Tenant and Remainderman.--In the case of property held
by one person for life with remainder to another person, the deduction
under this section shall be computed as if the life tenant were the
absolute owner of the property and shall be allowed to the life
tenant.''
(b) Termination of Amortization of Reforestation Expenditures.--
Section 194 of such Code (relating to amortization of reforestation
expenditures) is amended by adding at the end the following new
subsection:
``(e) Termination.--This section shall not apply to any amount paid
or incurred after the date of the enactment of this subsection.''
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:
``Sec. 199. Reforestation expenditures.''
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act. | Reforestation Tax Act of 2003 - Amends the Internal Revenue Code to allow a deduction to a taxpayer who has a qualified timber gain in an amount equal to the qualified percentage of such gain. Allows a deduction, for qualified timber property, for reforestation expenditures and terminates current provisions allowing for the amortization of such expenditures. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify certain provisions relating to the treatment of forestry activities."} | 1,920 | 81 | 0.555985 | 1.304448 | 0.827057 | 2.716667 | 27.816667 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Business Back Act of
2016''.
SEC. 2. EXCLUSION FOR INCOME ATTRIBUTABLE TO CERTAIN REAL PROPERTY.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
139F the following new section:
``SEC. 139G. INCOME ATTRIBUTABLE TO QUALIFIED REAL PROPERTY EXCLUDED
FROM GROSS INCOME.
``(a) In General.--Gross income shall not include income or gain
attributable to qualified real property for any taxable year beginning
during the exclusion period.
``(b) Qualified Real Property.--For purposes of this section--
``(1) In general.--
``(A) Definition.--The term `qualified real
property' means any real property--
``(i) which is certified by the State or
local zoning authority, and any economic
development board, with respect to such
property as meeting the requirements of
subparagraph (B), and
``(ii) with respect to which an election
has been made (at such time and in such form
and manner as the Secretary shall by regulation
prescribe) to have this section apply.
``(B) Requirements.--Property meets the
requirements of this subparagraph if such property--
``(i) is zoned for commercial use,
``(ii) has been undeveloped and vacant
during the 2-year period ending on the date of
certification, and
``(iii) is located within a qualified
census tract.
``(2) Qualified census tract.--The term `qualified census
tract' means--
``(A) any census tract--
``(i) which--
``(I) has an average poverty rate
exceeding the national average poverty
rate, or
``(II) has an unemployment rate
above the national unemployment rate,
and
``(ii) exhibits another condition of
distress, such as deteriorating infrastructure
or population decline, or
``(B) any qualified rural census tract.
``(3) Qualified rural census tract.--The term `qualified
rural census tract' means any census tract--
``(A) which is located in a rural community,
``(B) which has an unemployment rate of not less
than 6 percent, and
``(C) in which not less than 50 percent of the
houses were constructed before 1980.
``(4) Rules relating to poverty and unemployment rates.--
For purposes of paragraphs (2) and (3), poverty rates shall be
determined by using 2010 census data, and unemployment rates
shall be determined by reference to the rate of unemployment
announced by the Bureau of Labor Statistics of the Department
of Labor for the months in the two most recently ended calendar
quarters.
``(5) Economic development board.--The term `economic
development board' means, with respect to any property, any
entity established by law to oversee the economic development
of an area within which such property is located.
``(c) Exclusion Period.--The term `exclusion period' means, with
respect to a taxable year, the 1-taxable-year period beginning with the
first taxable year beginning after the date of the enactment of this
section for which the income attributable to the qualified real
property exceeds the pre-depreciation expenses attributable to such
real property.
``(d) Special Rules.--For purposes of this section--
``(1) Subsequent taxpayers.--Subsection (a) shall only
apply to a taxpayer who has an ownership interest in the
qualified real property on the first day of the exclusion
period with respect to such property.
``(2) Limitation on application of section.--An election to
have this section apply may only be made once with respect to
any property.
``(3) Tax-exempt use property.--This section shall not
apply to any property which is tax-exempt use property (as
defined in section 168(h)).
``(e) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including methods for allocating income and expenses to
property and rules to prevent abuse of this section.''.
(b) Clerical Amendment.--The table of parts for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 139F the following new item:
``Sec. 139G. Income attributable to qualified real property excluded
from gross income.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Bringing Business Back Act of 2016 This bill amends the Internal Revenue Code to allow income or gain attributable to certain real property to be excluded from gross income for a one-year period in which the income attributable to the real property exceeds the pre-depreciation expenses attributable to the property. The exclusion applies to real property that has been certified by the state or local zoning authority and any economic development board as: (1) zoned for commercial use, (2) undeveloped and vacant during the two-year period ending on the date of certification, and (3) located within a qualified census tract. A "qualified census tract" is any census tract that: (1) has an average poverty rate exceeding the national average poverty rate or an unemployment rate above the national unemployment rate; and (2) exhibits another condition of distress, such as deteriorating infrastructure or population decline. A census tract is also qualified if it is located in a rural community that: (1) has an unemployment rate of at least 6%, and (2) in which at least 50% of the houses were constructed before 1980. | {"src": "billsum_train", "title": "Bringing Business Back Act of 2016"} | 1,084 | 233 | 0.678229 | 1.872322 | 0.867604 | 3.31982 | 4.328829 | 0.896396 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo
Treaty Land Claims Act of 2009''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions and findings.
Sec. 3. Establishment and membership of Commission.
Sec. 4. Examination of land claims.
Sec. 5. Assistance for Commission.
Sec. 6. Miscellaneous powers of Commission.
Sec. 7. Report.
Sec. 8. Termination.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) Definitions.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under section 3.
(2) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(4) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by three or more families under a grant from the
King of Spain (or his representative) before the effective date
of the Treaty of Cordova, August 24, 1821, or from the
authorities of the Republic of Mexico before May 30, 1848, in
what became part of the United States, regardless of the
original character of the grant.
(5) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law and the right of local self-
government.
(b) Findings.--Congress finds the following:
(1) The western and southwestern portion of the United
States has a unique history regarding the acquisition of
ownership of land as a result of the substantial number of
Spanish and Mexican land grants that were an integral part of
the colonization and growth of the region before the United
States acquired the region in the Treaty of Guadalupe-Hidalgo.
(2) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of article
VI, section 2, of the Constitution of the United States.
(3) Serious questions regarding the prior ownership of
lands in several western and southwestern States, particularly
certain public lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''.
(b) Number and Appointment of Members.--The Commission shall be
composed of seven members appointed by the President by and with the
advice and consent of the Senate. At least three of the members of the
Commission shall be selected from among persons who are eligible
descendants, including one of whom is a member of an Indian tribe.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of level V of the Executive Schedule for each day
(including travel time) during which they are engaged in the actual
performance of duties vested in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) Submission of Land Claims Petitions.--Any three (or more)
eligible descendants who are also descendants of the same community
land grant may file with the Commission a petition on behalf of
themselves and all other descendants of that community land grant
seeking a determination of the validity of the land claim that is the
basis for the petition.
(b) Deadline for Submission.--To be considered by the Commission, a
petition under subsection (a) must be received by the Commission not
later than five years after the date of the enactment of this Act.
(c) Elements of Petition.--A petition under subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(2) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey or,
if a survey is not feasible to them, a sketch map thereof.
(4) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(5) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(d) Petition Hearing.--At one or more locations designated by the
Commission, the Commission shall hold a hearing upon each petition
timely submitted under subsection (a), at which hearing all persons
having an interest in the land involved in the petition shall have the
right, upon notice, to appear as a party.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any petition submitted
under subsection (a).
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(f) Decision.--
(1) In general.--On the basis of the facts contained in a
petition submitted under subsection (a), the hearing held with
regard to the petition, and such other information as the
Commission considers appropriate, the Commission shall
determine the validity of the community land grant described in
the petition.
(2) Recommended relief.--In the case of a petition
determined to be valid, the decision of the Commission under
paragraph (1) shall include the Commission's recommendations
regarding the appropriate relief that should be provided to the
petitioner, including whether the community land grant should
be reconstituted and its lands restored.
(g) Protection of Non-Federal Property.--The decision of the
Commission regarding the validity of a petition submitted under
subsection (a) shall not affect the ownership, title, or rights of
owners of any non-Federal lands covered by the petition. Any
recommendation of the Commission under subsection (f) regarding whether
a community land grant should be reconstituted and its lands restored
may not address non-Federal lands. In the case of a valid petition
covering lands held in non-Federal ownership, the Commission shall
modify any recommendation for reconstitution of the community land
grant to recommend the substitution of comparable Federal lands in the
same State as the State in which the non-Federal lands are located.
SEC. 5. ASSISTANCE FOR COMMISSION.
(a) Community Land Grant Study Center.--To assist the Commission in
the performance of its activities under section 4, the Commission shall
establish a Community Land Grant Study Center at the Onate Center in
Alcalde, New Mexico. The Commission shall be charged with the
responsibility of directing the research, study, and investigations
necessary for the Commission to perform its duties under this Act.
(b) Comptroller General Assistance.--At the request of the
Commission, the Comptroller General may make available personnel,
equipment, and facilities of the Government Accountability Office to
assist the Commission in performing its activities under section 4. The
Commission may review reports previously prepared by the Government
Accountability Office regarding community land grants and request an
interview with the authors of the reports.
SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision under
section 4, the Commission shall submit to the President and the
Congress a report containing each decision, including the
recommendation of the Commission regarding whether certain community
land grants should be reconstituted or other relief provided to
eligible descendants, so that the Congress may act upon the
recommendations.
SEC. 8. TERMINATION.
The Commission shall terminate on the date that is 180 days after
the date such Commission submits its final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,900,000 for each of the
fiscal years 2010 through 2016 for the purpose of carrying out the
activities of the Commission and to establish and operate the Community
Land Grant Study Center under section 5. | Guadalupe-Hidalgo Treaty Land Claims Act of 2009 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848.
Authorizes three or more eligible descendants of the same community land grant to petition the Commission on behalf of themselves and all other descendants. Directs the Commission to recommend appropriate relief to a valid petition, including whether the community land grant should be reconstituted and its non-federal lands restored.
Directs the Commission to establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico, to assist the Commission with necessary research and investigations. Directs the Government Accountability Office (GAO) to make necessary personnel, equipment, and facilities available to the Commission. Terminates the Commission 180 days the Commission submits its final report as required by this Act. | {"src": "billsum_train", "title": "To establish a Presidential commission to determine and evaluate the validity of certain land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848 involving the descendants of persons who were Mexican citizens at the time of the Treaty."} | 2,643 | 215 | 0.522556 | 1.478272 | 0.757631 | 3.914634 | 14.310976 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industrial Energy Efficiency
Research and Development Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the Energy Information Administration's
2006 Annual Energy Review, the industrial sector in 2006
accounted for more energy use (32 percent) than the residential
(21 percent), commercial (18 percent), or transportation sector
(29 percent).
(2) The primary energy intensive industries vital to
maintaining our country's infrastructure and economic and
national security include steel, chemicals, metal casting,
forest products, glass, aluminum, petroleum refining, and
mining, as well as other energy intensive manufacturers.
(3) The Department of Energy has demonstrated the success
of public-private partnerships with these industries resulting
in research, development, and deployment of new energy
efficient technologies which reduce emissions and improve
manufacturing competitiveness.
(4) Innovations in manufacturing processes within these
industries may be translated into efficiency improvements in
buildings, transportation, and other economic sectors that
depend upon these industries.
(5) While past public-private partnerships have resulted in
significant energy efficiency improvements in manufacturing
processes, there is a need for new technologies to achieve
continual energy efficiency improvements.
(6) Innovations made in the last few decades assisted the
United States in remaining competitive in the global market.
Continued innovation in the areas of energy efficiency and
feedstock diversification are necessary to enable the United
States to maintain a competitive edge.
(7) The Department of Energy should continue collaborative
efforts with industry, particularly the manufacturing sector,
to broaden and accelerate the high-risk research and
development of new manufacturing processes that optimize energy
efficiency and utilize diverse sources of energy.
(8) These partnerships support critical research and
development capabilities at universities and other research
institutions while training future generations of engineers in
critical areas of energy systems and efficient industrial
process technologies for our domestic industries.
SEC. 3. INDUSTRIAL TECHNOLOGIES PROGRAM.
(a) In General.--The Secretary of Energy (in this Act referred to
as the ``Secretary'') shall establish a program, in cooperation with
energy-intensive industries, trade and industry research collaborations
representing such industries, and institutions of higher education--
(1) to conduct energy research, development, demonstration,
and commercial application activities with respect to new
industrial and commercial processes, technologies, and methods
to--
(A) achieve substantial improvements in energy
efficiency; and
(B) enhance the economic competitiveness of the
United States industrial sector; and
(2) to conduct environmental research and development with
respect to new industrial and commercial processes,
technologies, and methods to achieve environmental performance
improvements such as waste reduction, emissions reductions, and
more efficient water use.
(b) Program Activities.--Research, development, demonstration, and
commercial application activities under this section may include--
(1) activities to support the development and use of
technologies and processes that improve the quality and
quantity of feedstocks recovered or recycled from process and
waste streams;
(2) research to meet manufacturing feedstock requirements
with alternative resources;
(3) research to develop and demonstrate technologies and
processes that utilize alternative energy sources to supply
heat, power, and new feedstocks for energy-intensive
industries;
(4) research to achieve energy efficiency in steam, power,
control system, and process heat technologies, and in other
manufacturing processes; and
(5) a program to fund research, development, and
demonstration relating to inventors' and small companies'
technology proposals, based on energy savings potential,
commercial viability, and technical merit.
(c) Competitive Awards.--All awards under this section shall be
made on a competitive, merit-reviewed basis.
(d) Coordination and Nonduplication.--The Secretary shall,
coordinate efforts under this section with other programs of the
Department and other Federal agencies, to avoid duplication of effort.
(e) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and once every 2 years thereafter, the Secretary
shall submit to the Congress a report on the activities conducted
pursuant to this Act, including--
(1) a description of the activities used to facilitate
cooperation with energy-intensive industries, universities, and
other participants in the program; and
(2) a description of ongoing projects and new projects
initiated, and the anticipated energy savings associated with
achievement of each project's goals.
SEC. 4. UNIVERSITY-BASED INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
To strengthen the program under section 3, the Secretary shall
provide funding to university-based industrial research and assessment
centers, whose purpose shall be--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance;
(2) to promote application of emerging concepts and
technologies in small and medium-sized manufacturers;
(3) to promote the research and development for usage of
alternative energy sources to supply heat, power, and new
feedstocks for energy intensive industries;
(4) to coordinate with appropriate State research offices,
and provide a clearinghouse for industrial process and energy
efficiency technical assistance resources; and
(5) to coordinate with State-accredited technical training
centers and community colleges, while ensuring appropriate
services to all regions of the United States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry
out this Act $150,000,000 for each of the fiscal years 2009 through
2013.
Passed the House of Representatives October 22, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Industrial Energy Efficiency Research and Development Act of 2007 - (Sec. 3) Directs the Secretary of Energy to establish a program to conduct: (1) energy research, development, demonstration, and commercial application activities with respect to new industrial and commercial processes, technologies, and methods to achieve improvements in energy efficiency and enhance the economic competitiveness of the U.S. industrial sector; and (2) environmental research and development with respect to new industrial and commercial processes, technologies, and methods to achieve environmental performance improvements such as waste reduction, emissions reductions, and more efficient water use.
Authorizes such activities to include: (1) activities to support the development and use of technologies and processes that improve the quality and quantity of feedstocks recovered or recycled from process and waste streams; (2) research to meet manufacturing feedstock requirements with alternative resources; (3) research to develop and demonstrate technologies and processes that utilize alternative energy sources to supply heat, power, and new feedstocks for energy-intensive industries; (4) research to achieve energy efficiency in steam, power, control system, and process heat technologies and in other manufacturing processes; and (5) a program to fund research, development, and demonstration relating to inventors' and small companies' technology proposals, based on energy savings potential, commercial viability, and technical merit. Requires all awards given under such program to made on a competitive, merit-reviewed basis.
Requires the Secretary to report to Congress on such activities.
(Sec. 4) Directs the Secretary to provide funding to university-based industrial research and assessment centers to: (1) identify opportunities for optimizing energy efficiency and environmental performance; (2) promote application of emerging concepts and technologies in small and medium-sized manufacturers; (3) promote the research and development for use of alternative energy sources for energy intensive industries; (4) coordinate with state research offices and provide a clearinghouse for industrial process and energy efficiency technical assistance resources; and (5) coordinate with state-accredited technical training centers and community colleges, while ensuring appropriate services to all regions of the United States.
Authorizes appropriations. | {"src": "billsum_train", "title": "To support research and development of new industrial processes and technologies that optimize energy efficiency and environmental performance, utilize diverse sources of energy, and increase economic competitiveness."} | 1,152 | 434 | 0.678428 | 2.143718 | 0.931353 | 6.73913 | 2.806763 | 0.980676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Education and High
Performance Workforce Act of 1993''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to assist small businesses in establishing workplace
education programs to improve the productivity of such
businesses;
(2) to assist small businesses in introducing new
technologies and the reorganization of work; and
(3) to assist institutions of higher education and other
suitable education providers in providing workplace services to
small businesses.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(2) New technologies.--The term ``new technologies'' means
equipment, processes, and techniques that have not previously
been utilized by a business that will improve the productivity
of such business.
(3) Reorganization of work.--The term ``reorganization of
work'' means the processes and techniques for directing the
work of employees that have not previously been utilized by a
business that will improve the productivity of such business.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(5) Small business.--The term ``small business'' means an
independently incorporated, for-profit business that employs
500 or fewer full-time employees.
(6) Workforce specialist.--The term ``workforce
specialist'' means an individual with experience in improving
the productivity of businesses through such methods as total
quality management, statistical process control, the
development of work teams and quality circles, reduction of
management layers and oversight and enhancing the
responsibility of front-line workers, introduction of just-in-
time or computer integrated production, and increased general
or job-specific training.
(7) Workplace education.--The term ``workplace education''
means employer-sponsored instruction provided to employees
which--
(A) shall include instruction in reading, writing,
mathematics, or English as a second language; and
(B) may include instruction in problem solving,
interpersonal communications, teamwork, and other work-
related basic skills.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Title i.--There are authorized to be appropriated
$5,000,000 for each of the fiscal years 1994 through 1998 to
carry out title I.
(2) Title ii.--There are authorized to be appropriated
$50,000,000 for fiscal year 1994, $60,000,000 for fiscal year
1995, and $100,000,000 for each of the fiscal years 1996
through 1998, to carry out title II.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) shall remain available until expended.
TITLE I--OFFICE OF WORKPLACE EDUCATION AND HIGH PERFORMANCE WORK
SEC. 101. ESTABLISHMENT.
The Secretary of Labor shall establish in the Employment and
Training Administration an Office of Workplace Education and High
Performance Work (in this Act referred to as the ``Federal office'').
SEC. 102 DIRECTOR.
The Federal office shall be headed by a Director (in this title
referred to as the ``Director''), who shall be paid at a rate equal to
level 5 of the Executive Schedule.
SEC. 103. DUTIES.
The Secretary, acting through the Director, shall--
(1) carry out the grant program established under section
201(a);
(2) establish standards for the employment, qualifications,
training, and activities of workforce specialists described in
section 203(b)(3);
(3) conduct programs of research and analysis, which may
include demonstration programs, to determine how small
businesses can more effectively implement workplace education
programs;
(4) develop and disseminate information on the introduction
of new technologies and the reorganization of work by small
businesses by--
(A) identifying sources of expertise of such
technologies and reorganization of work in Federal,
State, and local agencies (including the Department of
Commerce, the National Science Foundation, and the
Small Business Administration);
(B) forming cooperative relationships with
appropriate Federal agencies to determine how small
businesses can more effectively implement such new
technologies and reorganization of work; and
(C) encouraging and assisting labor organizations,
educational organizations, businesses and other private
organizations to provide information and technical
assistance to small businesses regarding workplace
education, new technologies, and the reorganization of
work.
SEC. 104. REPORTS TO CONGRESS.
Not later than September 30, 1994, and at the end of each fiscal
year thereafter, the Secretary shall submit to the President and the
Congress a report containing--
(1) a compilation of the information contained in the State
reports received by the Secretary under section 207; and
(2) an evaluation of the effectiveness of the grant program
authorized under section 201(a).
TITLE II--WORKPLACE EDUCATION AND WORKFORCE GRANT PROGRAM
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary shall, from amounts appropriated
pursuant to section 4(a)(2), provide grants to States for the purpose
of establishing programs to improve the productivity of small
businesses in such States.
(b) Period of Grants.--A grant received under subsection (a) may
extend for a period of not more than 5 fiscal years. The payments under
such grant shall be subject to annual approval by the Secretary and
subject to the availability of appropriations for each fiscal year.
SEC. 202. APPLICATION.
The Secretary may provide a grant to a State under section 201(a)
only if such State submits to the Secretary an application which
contains--
(1) a plan containing the number of workforce service
districts to be established by the State office in accordance
with section 203(b)(2); and
(2) such other information as the Secretary may reasonably
require.
SEC. 203. USE OF FUNDS.
(a) Establishment of Program.--A State shall use amounts received
from a grant under section 201(a) to establish a program to improve the
productivity of small businesses in such State.
(b) Conduct of Program.--In conducting the program established
under subsection (a), the State shall meet the following requirements:
(1) Establishment of state office of workplace education
and high performance work.--
(A) In general.--Subject to subparagraph (B), the
State shall establish a State office of workplace
education and high performance work (in this Act
referred to as the ``State office'') in 1 of the
following entities:
(i) A State agency that has responsibility
for education, training, or economic
development policy.
(ii) An institution of higher education
located in such State.
(B) Exception.--In the case of a State that has
established an entity comparable to the State office
described in subparagraph (A), such State may, upon the
approval of the Secretary, designate such entity as the
State office for purposes of such subparagraph.
(2) Establishment of workplace service districts.--
(A) In general.--Subject to subparagraph (B), the
State office shall establish workplace service
districts throughout the State--
(i) each of which contains at least 1
institution of higher education which has
existing workplace education programs (or will
establish such programs not later than the date
on which the State in which such institution is
located will receive amounts from a grant under
section 201(a)), to provide small businesses
with access to workplace services; and
(ii) which are of a sufficient number in
order to allow ease of access by small
businesses located in the State to utilize the
services provided at such institutions of
higher education.
(B) Requirements.--In establishing workplace
service districts, the State office shall--
(i) if the amount of the grant received by
the State under section 201(a) is greater than
an amount equal to $100,000 multiplied by the
number of such districts proposed to be
established by the State in its application,
hire and place at least 1 workforce specialist
who meets the standards established by the
Secretary under section 103(2), including
necessary support staff, at an institution of
higher education in each district; and
(ii) if the amount of the grant received by
the State under section 201(a) is less than an
amount equal to $100,000 multiplied by the
number of such districts proposed to be
established by the State in its application,
place at least 1 such workforce specialist,
including necessary support staff, at an
institution of higher education in each
district that the State office determines to be
appropriate.
(3) Duties of workforce specialists.--Each workforce
specialist hired by a State office and placed at an institution
of higher education under paragraph (2)(B) shall--
(A) serve as a local point of contact for small
businesses interested in workplace services;
(B) provide workplace services to individual small
businesses by analyzing the needs of such businesses
for the purpose of--
(i) designing workplace education programs
that will improve the productivity of such
businesses; and
(ii) introducing new technologies and the
reorganization of work at such businesses;
(C) refer small businesses to other suitable
education providers for the purpose of providing
workplace services to such businesses, provided that
each such business shall reimburse such provider in an
amount equal to at least 75 percent of the cost of the
services attributable to such business, including
instructional time, materials, and facilities;
(D) assist in negotiating financial, logistical,
and other arrangements between small businesses and
other suitable education providers;
(E) provide technical assistance and training to
the staff of suitable education providers described in
subparagraph (C) for the purpose of providing workplace
services to small businesses;
(F) encourage other small businesses and labor
groups to provide such services; and
(G) provide small businesses with general
information on workplace services.
(4) Cooperation with workforce specialists.--The State
office shall encourage local educational agencies and other
local agencies, small businesses, labor organizations,
community-based organizations, and other private organizations
to cooperate with workforce specialists described in paragraph
(3).
(5) Oversight of workforce specialists.--The State office
shall monitor and supervise the activities of each workforce
specialist described in paragraph (3).
(6) Workplace service information.--The State office shall
produce and disseminate information to the entities described
in paragraph (4) and the general public on workplace services,
including the need for and means of implementing workplace
education programs, the introduction of new technologies, and
the reorganization of work.
(7) Sources of expertise and technical assistance.--The
State office shall--
(A) identify Federal, State, and local sources of
expertise and technical assistance that can assist
small businesses in implementing workplace education
programs, the introduction of new technologies, and the
reorganization of work; and
(B) develop cooperative and collaborative
relationships with such sources of expertise.
(8) Research and demonstration programs.--The State office
shall conduct research and demonstration programs to promote
the understanding and acceptance of workplace education and
encourage the use of and improvement of state-of-the-art
workplace services.
(9) Statewide or regional training programs.--The State
office shall, in conjunction with the Federal office and
workforce specialists, conduct Statewide or regional training
programs for teachers and administrators at institutions of
higher education, small businesses, labor organizations,
community-based organizations, and other individuals and
entities that are engaged, or wish to become engaged, in the
provision of workplace services.
(10) Supplemental grant program.--
(A) In general.--(i) Subject to clause (ii), the
State office shall provide grants to small businesses
for the purpose of improving the productivity of such
businesses.
(ii) The State office shall use not more than 15
percent of amounts received from a grant under section
201(a) to provide grants under clause (i).
(B) Application.--To receive a grant under
subparagraph (A)(i), a small business shall submit an
application to the State office at such time, in such
form, and containing such information as the office may
reasonably require.
(C) Use of funds.--Grants made under subparagraph
(A)(i) may be used by a small business only to--
(i) carry out workplace education programs
at such business;
(ii) introduce new technologies at such
business; and
(iii) provide for the reorganization of
work at such business.
(D) Amount of grant.--The State office may not make
grants under subparagraph (A)(i) to any small business
in an amount equal to or more than $25,000.
(E) Allocation.--The State office shall provide at
least 60 percent of amounts used to provide grants
under subparagraph (A)(i) to small businesses with 50
or fewer employees.
(11) Evaluations.--At the end of each fiscal year in which
the Secretary makes payments to a State under a grant under
section 201(a), the State office in such State shall conduct a
quantitative evaluation of the effectiveness of the program
established under subsection (a) in improving corporate
productivity through workplace education, the introduction of
new technologies, and the reorganization of work.
(c) Administrative Costs.--Of the amount received by a State from a
grant under section 201(a) for any fiscal year, not more than 10
percent of such amount may be used to pay the administrative costs of
the program established under subsection (a).
SEC. 204. MATCHING FUNDS.
The Secretary may not make a grant to a State under section 201(a)
unless such State agrees to provide non-Federal funds for the purpose
of conducting the program under section 203(b) in an amount equal to
not less than 20 percent of the Federal funds provided to the State in
each of the first two fiscal years that it receives amounts from a
grant, and not less than 30 percent of the Federal funds that the State
receives from such grant in each subsequent fiscal year.
SEC. 205. ALLOCATION.
(a) In General.--In providing grants under section 201(a), the
Secretary shall award grants in a greater amount to States with larger
populations, as determined by the Secretary.
(b) Limitation.--The Secretary may not provide grants under section
201(a) in a fiscal year to any State in an amount totaling more than 10
percent of amounts appropriated pursuant to section 4(a)(2) for that
fiscal year.
SEC. 206. MAINTENANCE OF EFFORT.
The Secretary may not make a grant to a State under section 201(a)
unless such State agrees to maintain its aggregate expenditures for
programs to improve the productivity of small businesses in such State
at or above the average level of such expenditures in the fiscal year
preceding the fiscal year for which the State is applying to receive
the grant.
SEC. 207. STATE REPORTS.
The Secretary may not make a grant to a State under section 201(a)
unless such State agrees to submit to the Secretary, in each fiscal
year in which the Secretary makes payments under such grant to such
State, a report containing--
(1) a description of the program established by such State
under section 203(a), including a summary of the evaluation of
such program conducted under section 203(b)(11);
(2) the number of small businesses receiving assistance
under such program; and
(3) any other information as the Secretary may reasonably
require.
HR 91 IH----2 | Workplace Education and High Performance Workforce Act of 1993 - Authorizes appropriations.
Title I: Office of Workplace Education and High Performance Work
- Directs the Secretary of Labor to establish in the Employment and Training Administration an Office of Workplace Education and High Performance Work to provide workplace education and other services for small businesses.
Requires the establishment of standards for workforce specialists, research on implementation of workplace education, and dissemination of information on the introduction of new technologies and the reorganization of work by small businesses. Requires annual reports.
Title II: Workplace Education and Workforce Grant Program
- Requires the Secretary to make grants to States to establish workplace service programs to improve the productivity of small businesses in such States. Requires each State receiving such a grant to establish a State office of workplace education and high performance work. Requires such State office to: (1) establish workplace service districts throughout the State; (2) hire workforce specialists; and (3) place one of them, including necessary support staff, in one of the institutions of higher education located in each district. Requires the State office to make supplemental grants to eligible small businesses. Sets forth limitations on grants and on administrative costs. Requires grant allocations to States to be based on population, but limits the percentage of funds which may go to any one State. Sets forth maintenance of effort requirements.
Requires annual grant program reports and evaluations by States. | {"src": "billsum_train", "title": "Workplace Education and High Performance Workforce Act of 1993"} | 3,396 | 311 | 0.575129 | 1.671283 | 0.794874 | 3.067138 | 11.243816 | 0.855124 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Downed Animal and Food Safety
Protection Act''.
SEC. 2. FINDING AND DECLARATION OF POLICY.
(a) Finding.--Congress finds that the humane euthanization of
nonambulatory livestock in interstate and foreign commerce--
(1) prevents needless suffering;
(2) results in safer and better working conditions for
persons handling livestock;
(3) brings about improvement of products and reduces the
likelihood of the spread of diseases that have a great and
deleterious impact on interstate and foreign commerce in
livestock; and
(4) produces other benefits for producers, processors, and
consumers that tend to expedite an orderly flow of livestock
and livestock products in interstate foreign commerce.
(b) Declaration of Policy.--It is the policy of the United States
that all nonambulatory livestock in interstate and foreign commerce
shall be immediately and humanely euthanized when such livestock become
nonambulatory.
SEC. 3. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY LIVESTOCK.
(a) In General.--Public Law 85-765 (commonly known as the ``Humane
Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.) is amended
by inserting after section 2 (7 U.S.C. 1902) the following:
``SEC. 3. NONAMBULATORY LIVESTOCK.
``(a) Definitions.--In this section:
``(1) Covered entity.--The term `covered entity' means--
``(A) a stockyard;
``(B) a market agency;
``(C) a dealer;
``(D) a packer;
``(E) a slaughter facility; or
``(F) an establishment.
``(2) Establishment.--The term `establishment' means an
establishment that is covered by the Federal Meat Inspection
Act (21 U.S.C. 601 et seq.).
``(3) Humanely euthanize.--The term `humanely euthanize'
means to immediately render an animal unconscious by
mechanical, chemical, or other means, with this state remaining
until the death of the animal.
``(4) Nonambulatory livestock.--The term `nonambulatory
livestock' means any cattle (including calves), sheep, swine,
goats, or horses, mules, or other equines, that will not stand
and walk unassisted.
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Humane Treatment, Handling, and Disposition.--The Secretary
shall promulgate regulations to provide for the humane treatment,
handling, and disposition of all nonambulatory livestock by covered
entities, including a requirement that nonambulatory livestock be
humanely euthanized.
``(c) Humane Euthanasia.--
``(1) In general.--Subject to paragraph (2), when an animal
becomes nonambulatory, a covered entity shall immediately
humanely euthanize the nonambulatory livestock.
``(2) Disease testing.--Paragraph (1) shall not limit the
ability of the Secretary to test nonambulatory livestock for a
disease, such as Bovine Spongiform Encephalopathy, provided
that such livestock are humanely euthanized immediately after
such livestock are tested for such disease.
``(d) Movement.--
``(1) In general.--Subject to paragraph (2), a covered
entity shall not move nonambulatory livestock.
``(2) Disease testing.--Notwithstanding paragraph (1), a
covered entity may humanely move nonambulatory livestock if
required for a specific test for disease if the livestock is
unconscious until euthanized in accordance with subsection (c).
``(e) Inspections.--
``(1) In general.--It shall be unlawful for an inspector at
an establishment to pass through inspection any nonambulatory
livestock or carcass (including parts of a carcass) of
nonambulatory livestock.
``(2) Labeling.--An inspector shall label, mark, stamp, or
tag as `inspected and condemned' any material described in
paragraph (1).
``(f) Violations.--A covered entity who violates a provision of
this section shall upon conviction be fined not more than $5,000,
imprisoned not more than one year, or both.
``(g) Effect on State Law.--This section shall not be construed to
preempt any law or regulation of a State or a political subdivision of
a State containing requirements that are greater than the requirements
of this section, or which create penalties for conduct regulated by
this section.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) takes effect on the date that
is 1 year after the date of enactment of this Act.
(2) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall
promulgate final regulations to implement the amendment made by
subsection (a). | Downed Animal and Food Safety Protection Act - States that it is U.S. policy that all nonambulatory livestock in interstate and foreign commerce be immediately and humanely euthanized when such livestock become nonambulatory.
Amends the Humane Methods of Slaughter Act of 1958 to direct the Secretary of Agriculture (USDA) to promulgate regulations providing for the humane treatment, handling, and disposition of nonambulatory livestock by specified entities, including a requirement that nonambulatory livestock be humanely euthanized.
Requires an entity to: (1) humanely euthanize nonambulatory livestock (while not limiting the Secretary's ability to test nonambulatory livestock for disease, such as bovine spongiform encephalopathy), and (2) not move nonambulatory livestock unless required for a specific test for disease.
Prohibits an inspector at an establishment covered by the Federal Meat Inspection Act from passing through inspection any nonambulatory livestock, carcass, or carcass parts and requires an inspector at such establishment to label such material as "inspected and condemned." | {"src": "billsum_train", "title": "To amend the Humane Methods of Livestock Slaughter Act of 1958 to ensure the humane slaughter of nonambulatory livestock, and for other purposes."} | 1,205 | 246 | 0.688832 | 2.174259 | 0.717883 | 3.933333 | 5.422222 | 0.9 |
SECTION 1. REPEAL OF AUTHORITY FOR ADJUSTMENTS TO PER DIEM PAYMENTS TO
HOMELESS VETERANS SERVICE CENTERS FOR RECEIPT OF OTHER
SOURCES OF INCOME.
Section 2012(a)(2) of title 38, United States Code, is amended--
(1) by striking subparagraphs (B), (C), and (D); and
(2) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except
as provided in subparagraph (B), the rate'';
(B) by striking ``adjusted by the Secretary under
subparagraph (B)''; and
(C) by designating the second sentence as
subparagraph (B) and indenting the margin of such
subparagraph, as so designated, two ems from the left
margin.
SEC. 2. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-RISK OF
HOMELESSNESS FROM BECOMING HOMELESS.
(a) Demonstration Program.--The Secretary of Veterans Affairs shall
carry out (subject to the availability of appropriations) a
demonstration program for the purpose of--
(1) identifying members of the Armed Forces on active duty
who are at risk of becoming homeless after they are discharged
or released from active duty; and
(2) providing referral, counseling, and supportive
services, as appropriate, to help prevent such members, upon
becoming veterans, from becoming homeless.
(b) Program Locations.--The Secretary shall carry out the
demonstration program in at least three locations.
(c) Identification Criteria.--In developing and implementing the
criteria to identify members of the Armed Forces, who upon becoming
veterans, are at-risk of becoming homeless, the Secretary of Veterans
Affairs shall consult with the Secretary of Defense and such other
officials and experts as the Secretary considers appropriate.
(d) Contracts.--The Secretary of Veterans Affairs may enter into
contracts to provide the referral, counseling, and supportive services
required under the demonstration program with entities or organizations
that meet such requirements as the Secretary may establish.
(e) Sunset.--The authority of the Secretary under subsection (a)
shall expire on September 30, 2011.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for the purpose of carrying out the provisions
of this section.
SEC. 3. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF REFERRAL
AND COUNSELING SERVICES FOR AT-RISK VETERANS
TRANSITIONING FROM CERTAIN INSTITUTIONS.
(a) Program Authority.--Subsection (a) of section 2023 of title 38,
United States Code, is amended by striking ``a demonstration program
for the purpose of determining the costs and benefits of providing''
and inserting ``a program of''.
(b) Scope of Program.--Subsection (b) of such section is amended--
(1) by striking ``Demonstration'' in the subsection
heading;
(2) by striking ``demonstration''; and
(3) by striking ``in at least six locations'' and inserting
``in at least 12 locations''.
(c) Extension of Authority.--Subsection (d) of such section is
amended by striking ``shall cease'' and all that follows and inserting
``shall cease on September 30, 2011.''.
(d) Conforming Amendments.--
(1) Subsection (c)(1) of such section is amended by
striking ``demonstration''.
(2) The heading of such section is amended to read as
follows:
``Sec. 2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from certain
institutions''.
(3) Section 2022(f)(2)(C) of such title is amended by
striking ``demonstration''.
(e) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by striking the item relating to
section 2023 and inserting the following:
``2023. Referral and counseling services: veterans at risk of
homelessness who are transitioning from
certain institutions.''.
SEC. 4. AVAILABILITY OF GRANT FUNDS TO SERVICE CENTERS FOR PERSONNEL.
Section 2011 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(i) Availability of Grant Funds for Service Center Personnel.--A
grant under this section for a service center for homeless veterans may
be used to provide funding for staff as necessary in order for the
center to meet the service availability requirements of subsection
(g)(1).''.
SEC. 5. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR HOMELESS
VETERANS AND ENHANCEMENT OF CAPACITY OF DOMICILIARY CARE
PROGRAMS FOR FEMALE VETERANS.
Subsection (b) of section 2043 of title 38, United States Code, is
amended to read as follows:
``(b) Enhancement of Capacity of Domiciliary Care Programs for
Female Veterans.--The Secretary shall take appropriate actions to
ensure that the domiciliary care programs of the Department are
adequate, with respect to capacity and with respect to safety, to meet
the needs of veterans who are women.''. | Repeals the requirement that the Secretary of Veterans Affairs adjust the per diem payments made to veterans under the homeless veterans' comprehensive services program of the Department of Veterans Affairs (VA) to exclude sources of income from other federal, state, or local governments, departments, agencies, or entities.
Directs the Secretary to carry out a demonstration program to prevent veterans who are at risk of homelessness after discharge or release from active military duty from becoming homeless.
Amends a demonstration program of referral and counseling for veterans transitioning from certain institutions who are at risk of homelessness to: (1) remove the "demonstration" designation of the program; (2) require the program to be carried out in 12 (under current law, at least six) locations; and (3) extend the program through FY2012.
Allows homeless veterans' comprehensive services grant funds to be used to provide funding for service center staff.
Repeals a provision limiting to FY2003 and FY2004 the funding for VA domiciliary care programs for homeless veterans. Requires the Secretary to ensure that such programs are adequate, with respect to capacity and safety, to meet the needs of women veterans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to repeal authority for adjustments to per diem payments to homeless veterans service centers for receipt of other sources of income, to extend authorities for certain programs to benefit homeless veterans, and for other purposes."} | 1,207 | 242 | 0.595694 | 1.730316 | 0.785936 | 2.063063 | 4.504505 | 0.81982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping the Internet Devoid of
Sexual Predators Act of 2008'' or the ``KIDS Act of 2008''.
SEC. 2. DIRECTION TO THE ATTORNEY GENERAL.
(a) Requirement That Sex Offenders Provide Certain Internet Related
Information to Sex Offender Registries.--The Attorney General, using
the authority provided in section 114(a)(7) of the Sex Offender
Registration and Notification Act, shall require that each sex offender
provide to the sex offender registry those Internet identifiers the sex
offender uses or will use of any type that the Attorney General
determines to be appropriate under that Act. These records of Internet
identifiers shall be subject to the Privacy Act (5 U.S.C. 552a) to the
same extent as the other records in the National Sex Offender Registry.
(b) Timeliness of Reporting of Information.--The Attorney General,
using the authority provided in section 112(b) of the Sex Offender
Registration and Notification Act, shall specify the time and manner
for keeping current information required to be provided under this
section.
(c) Nondisclosure to General Public.--The Attorney General, using
the authority provided in section 118(b)(4) of the Sex Offender
Registration and Notification Act, shall exempt from disclosure all
information provided by a sex offender under subsection (a).
(d) Notice to Sex Offenders of New Requirements.--The Attorney
General shall ensure that procedures are in place to notify each sex
offender of changes in requirements that apply to that sex offender as
a result of the implementation of this section.
(e) Definitions.--
(1) Of ``social networking website''.--As used in this Act, the
term ``social networking website''--
(A) means an Internet website--
(i) that allows users, through the creation of web
pages or profiles or by other means, to provide information
about themselves that is available to the public or to
other users; and
(ii) that offers a mechanism for communication with
other users where such users are likely to include a
substantial number of minors; and
(iii) whose primary purpose is to facilitate online
social interactions; and
(B) includes any contractors or agents used by the website
to act on behalf of the website in carrying out the purposes of
this Act.
(2) Of ``internet identifiers''.--As used in this Act, the term
``Internet identifiers'' means electronic mail addresses and other
designations used for self-identification or routing in Internet
communication or posting.
(3) Other terms.--A term defined for the purposes of the Sex
Offender Registration and Notification Act has the same meaning in
this Act.
SEC. 3. CHECKING SYSTEM FOR SOCIAL NETWORKING WEBSITES.
(a) In General.--
(1) Secure system for comparisons.--The Attorney General shall
establish and maintain a secure system that permits social
networking websites to compare the information contained in the
National Sex Offender Registry with the Internet identifiers of
users of the social networking websites, and view only those
Internet identifiers that match. The system--
(A) shall not require or permit any social networking
website to transmit Internet identifiers of its users to the
operator of the system, and
(B) shall use secure procedures that preserve the secrecy
of the information made available by the Attorney General,
including protection measures that render the Internet
identifiers and other data elements indecipherable.
(2) Provision of information relating to identity.--Upon
receiving a matched Internet identifier, the social networking
website may make a request of the Attorney General for, and the
Attorney General shall provide promptly, information related to the
identity of the individual that has registered the matched Internet
identifier. This information is limited to the name, sex, resident
address, photograph, and physical description.
(b) Qualification for Use of System.--A social networking website
seeking to use the system shall submit an application to the Attorney
General which provides--
(1) the name and legal status of the website;
(2) the contact information for the website;
(3) a description of the nature and operations of the website;
(4) a statement explaining why the website seeks to use the
system;
(5) a description of policies and procedures to ensure that--
(A) any individual who is denied access to that website on
the basis of information obtained through the system is
promptly notified of the basis for the denial and has the
ability to challenge the denial of access; and
(B) if the social networking website finds that information
is inaccurate, incomplete, or cannot be verified, the site
immediately notifies the appropriate State registry and the
Department of Justice, so that they may delete or correct that
information in the respective State and national databases;
(6) the identity and address of, and contact information for,
any contractor that will be used by the social networking website
to use the system; and
(7) such other information or attestations as the Attorney
General may require to ensure that the website will use the
system--
(A) to protect the safety of the users of such website; and
(B) for the limited purpose of making the automated
comparison described in subsection (a).
(c) Searches Against the System.--
(1) Frequency of use of the system.--A social networking
website approved by the Attorney General to use the system may
conduct searches under the system as frequently as the Attorney
General may allow.
(2) Authority of attorney general to suspend use.--The Attorney
General may deny, suspend, or terminate use of the system by a
social networking website that--
(A) provides false information in its application for use
of the system;
(B) may be using or seeks to use the system for any
unlawful or improper purpose;
(C) fails to comply with the procedures required under
subsection (b)(5); or
(D) uses information obtained from the system in any way
that is inconsistent with the purposes of this Act.
(3) Limitation on release of internet identifiers.--
(A) No public release.--Neither the Attorney General nor a
social networking website approved to use the system may
release to the public any list of the Internet identifiers of
sex offenders contained in the system.
(B) Additional limitations.--The Attorney General shall
limit the release of information obtained through the use of
the system established under subsection (a) by social
networking websites approved to use such system.
(C) Strict adherence to limitation.--The use of the system
established under subsection (a) by a social networking website
shall be conditioned on the website's agreement to observe the
limitations required under this paragraph.
(D) Rule of construction.--This subsection shall not be
construed to limit the authority of the Attorney General under
any other provision of law to conduct or to allow searches or
checks against sex offender registration information.
(4) Payment of fee.--A social networking website approved to
use the system shall pay any fee established by the Attorney
General for use of the system.
(5) Limitation on liability.--
(A) In general.--A civil claim against a social networking
website, including any director, officer, employee, parent,
contractor, or agent of that social networking website, arising
from the use by such website of the National Sex Offender
Registry, may not be brought in any Federal or State court.
(B) Intentional, reckless, or other misconduct.--
Subparagraph (A) does not apply to a claim if the social
networking website, or a director, officer, employee, parent,
contractor, or agent of that social networking website--
(i) engaged in intentional misconduct; or
(ii) acted, or failed to act--
(I) with actual malice;
(II) with reckless disregard to a substantial risk
of causing injury without legal justification; or
(III) for a purpose unrelated to the performance of
any responsibility or function described in paragraph
(3).
(C) Minimizing access.--A social networking website shall
minimize the number of employees that are provided access to
the Internet identifiers for which a match has been found
through the system.
(6) Rule of construction.--Nothing in this section shall be
construed to require any Internet website, including a social
networking website, to use the system, and no Federal or State
liability, or any other actionable adverse consequence, shall be
imposed on such website based on its decision not to do so.
SEC. 4. MODIFICATION OF MINIMUM STANDARDS REQUIRED FOR ELECTRONIC
MONITORING UNITS USED IN SEXUAL OFFENDER MONITORING PILOT PROGRAM.
(a) In General.--Subparagraph (C) of section 621(a)(1) of the Adam
Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16981(a)(1))
is amended to read as follows:
``(C) Minimum standards.--The electronic monitoring units
used in the pilot program shall at a minimum--
``(i) provide a tracking device for each offender that
contains a central processing unit with global positioning
system; and
``(ii) permit continuous monitoring of offenders 24
hours a day.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to grants provided on or 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. | Keeping the Internet Devoid of Sexual Predators Act of 2008 or the KIDS Act of 2008 - Directs the Attorney General to: (1) require sex offenders to provide to the National Sex Offender Registry all Internet identifiers (i.e., email addresses and other designations used for self-identification or routing in Internet communication or posting) used by such offenders; (2) specify requirements for keeping Internet identifier information current; (3) exempt Internet identifiers provided by a sex offender from public disclosure; and (4) establish procedures to notify sex offenders of changes in requirements for providing Internet identifier information.
Requires the Attorney General to establish and maintain a secure system to allow social networking websites to compare information contained in the National Sex Offender Registry with the Internet identifiers of users of their websites. Allows social networking websites to use such system to conduct searches as frequently as the Attorney General may allow. Authorizes the Attorney General to deny, suspend, or terminate use of the system by a social networking website for misuse.
Prohibits the Attorney General and social networking websites from releasing to the public any list of the Internet identifiers of sex offenders.
Exempts a social networking website from civil claims in federal or state court arising from: (1) use of the National Sex Offender Registry unless such website engages in actual malice, intentional misconduct, or reckless disregard to a substantial risk of causing injury without legal justification; and (2) any decision not to compare its database with the online identifiers contained in the National Sex Offender Registry.
Amends the Adam Walsh Child Protection and Safety Act of 2006 to revise the minimum standards, under a pilot program, for electronic monitoring of sex offenders to eliminate requirements that the tracking device: (1) contain cellular technology in a single unit; and (2) provide two- and three-way voice communication. | {"src": "billsum_train", "title": "A bill to require convicted sex offenders to register online identifiers, and for other purposes."} | 2,134 | 424 | 0.634286 | 1.971371 | 0.891554 | 3.637394 | 5.405099 | 0.917847 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Consumer
Automobile Lease Advertising Improvement Act of 2001''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Consumer Credit Protection Act.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) There has been a continuing trend toward leasing of
automobiles by consumers as an alternative to installment
credit sales, with automobile leases now constituting over one-
third of all new automobile transactions.
(2) Current automobile leasing practices do not provide
consumers with consistent or adequate information to permit
comparison shopping among lease offerings. Important
information about lease costs and terms are not available until
the consumer visits an automobile dealership, are typically
provided only as part of lease negotiations, and often are not
fully disclosed until the signing of the lease documents.
(3) Automobile lease advertisements tend to confuse and
mislead consumers by highlighting the most attractive terms of
leases, by minimizing or omitting additional costs, terms or
penalties, and by advertising monthly payment amounts based on
lease terms that are different from those customarily offered
to or selected by consumers.
(4) With leases accounting for a large and growing
percentage of all new automobile transactions, there is
increasing need for automobile manufacturers, automobile
dealers and other firms involved in leasing to provide more
relevant and easily understood information in advertising and
in writing at the auto dealership to permit consumers to
evaluate intelligently the attractiveness of leases offered by
an automobile dealership, to compare terms of leases offered
and advertised by competing dealerships, and to compare the
benefits of automobile leases with alternative purchase
transactions.
(b) Purpose.--The purpose of the amendments made by this Act is to
provide consumers with more relevant and easily understood information
regarding the terms and costs of lease offerings earlier in the leasing
process to permit consumers to compare lease and purchase options and
to comparison shop among competing lease opportunities.
SEC. 3. APPLICABLE CONSUMER LEASES.
Section 181(1) of the Consumer Credit Protection Act (15 U.S.C.
1667(1)) is amended--
(1) by striking ``$25,000'' and inserting ``$75,000''; and
(2) by adding at the end the following: ``The limit on the
contractual obligation which comes within such term shall be
adjusted annually based upon the change reported in the
Consumer Price Index by the Department of Labor in June of the
preceding year.''.
SEC. 4. GENERAL LEASE ADVERTISING.
(a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)'';
(2) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(3) by adding at the end the following:
``(2) Identification in a television advertisement of the
advertised transaction as a lease, as required by paragraph
(1)(A), shall be included in both the audio and video portions
of the television advertisement.
``(3) The requirements of this subsection shall apply to
all advertisements for a consumer lease, including
advertisements on television, radio and videotape; print
advertisements in publications, newsletters and fliers;
advertisements by toll-free telephone numbers; and
advertisements in electronic media, including Internet web
pages, e-mail, CD-ROMs and interactive computer services.''.
(b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is
amended by striking ``subsection (a)'' each time it occurs and
inserting ``subsection (a)(1)'' and in paragraph (1) by striking
``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''.
SEC. 5. ADVERTISEMENT FOR AUTOMOBILE LEASE.
Section 184 (15 U.S.C. 1667c) is amended by adding at the end the
following new subsection:
``(d) Advertisement for Automobile Lease.--
``(1) In general.--An advertisement to promote a lease for
an automobile that includes a scheduled lease payment amount
that applies only to a single vehicle, or to a limited number
of vehicles of the same vehicle make, model and year, shall
clearly and conspicuously state that the advertised payment
amount applies only to a single vehicle, or shall clearly and
conspicuously state the number of vehicles of the same vehicle
make and model to be made available for lease at the advertised
payment amount.
``(2) Lease payment amounts.--
``(A) An advertisement to promote a lease for an
automobile that states a lease payment amount, or must
state a lease payment amount under subsection
(a)(1)(D), shall calculate such payment amount on the
basis of a lease payment formula which the Board shall
set forth in regulation and which shall be based on the
following information--
``(i) the total capitalized cost of the
vehicle model advertised, which shall not be
reduced or adjusted by any down payment amount,
capitalized cost reduction, vehicle trade-in
amount or other required payment;
``(ii) a lease term of twenty-four (24)
months, or such other lease term that the Board
may determine in regulation as representative
of prevailing industry practice; and
``(iii) a mileage allowance before any
excess mileage charge may be imposed of 12,000
miles for each year of the lease term, or such
other annual mileage allowance which the Board
may determine in regulation as providing a more
representative estimate of vehicle use and
potential costs to the consumer.
``(B) An advertisement to promote a lease for an
automobile that states a lease payment for a vehicle
model as provided under subparagraph (A) may state a
lease payment amount for the same vehicle model that is
different than that required to be stated under
subparagraph (A), except that--
``(i) the lease payment amount is not
presented more prominently than the lease
payment amount required to be stated under
subparagraph (A); and
``(ii) the advertisement clearly and
conspicuously identifies the lease terms or
payment amounts that explain the difference
between the lease payment amount and the
payment amount required to be stated under
subparagraph (A).''.
SEC. 6. AVAILABILITY OF LEASE INFORMATION.
Section 184 (15 U.S.C. 1667c) is amended by inserting after
subsection (d) (as added by section 5) the following new subsection:
``(e) Availability of Information.--An automobile dealer that
engages in any advertising to promote or assist a consumer lease, or
that participates in any advertised national or regional promotion for
a consumer lease, shall make available to the public, as appropriate
and in such format as the Board shall determine in regulation, the
following information:
``(1) Customer incentives.--A written and dated statement
that shall be placed in a conspicuous and prominent location in
the dealership that sets out clearly and accurately for each
vehicle model offered by the dealer, as applicable, the
incentives, special offers or promotions available for the
benefit of consumers in conjunction with consumer lease,
purchase and installment credit transactions, that shall
include--
``(A) special interest rates that are offered by
automobile manufacturers, financial institutions and
leasing companies;
``(B) special incentives, including cash rebates
and vehicle residual percentages that are offered by
automobile manufacturers directly to consumers; and
``(C) special incentives and lease terms, including
vehicle discounts, residual value percentages and other
vehicle promotions that are offered to consumers by the
dealer.
``(2) Available leases.--A written and dated statement for
each vehicle model that the dealer makes available for lease to
consumers that shall be placed in a conspicuous and prominent
location in the dealership, and copies of which shall be made
available to individual consumers upon request, that sets out
clearly and accurately the following terms applicable to leases
for such vehicle models--
``(A) the rebates and other incentives available
for consumers;
``(B) the money factor, or lease interest factor,
that shall be stated as a decimal number and as an
equivalent approximate annual percentage rate; and
``(C) the vehicle residual value, that shall be
stated as a percentage of the retail price (MSRP) of
such vehicle model.''.
SEC. 7. DEFINITIONS.
Section 184 (15 U.S.C. 1667c) is amended by inserting after
subsection (e) (as added by section 6) the following new subsection:
``(f) Clearly and Conspicuously Defined.--
``(1) In general.--For purposes of this section, the term
`clearly and conspicuously' means--
``(A) in print advertisements, the required
disclosures and explanations of lease terms shall
appear in a type size, shade, contrast, prominence, and
location as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(B) in the video portion of television or
videotaped advertisements, the required disclosures
shall appear on the screen in a type size, shade,
contrast, prominence, and location and for a duration
as to be readily noticeable, readable, and
comprehensible to an ordinary consumer;
``(C) in the audio portion of television,
videotaped, and radio advertisements, the required
disclosures shall be delivered in a volume, cadence,
and location and for a duration as to be readily
noticeable, hearable, and comprehensible to an ordinary
consumer; and
``(D) in promotions and advertising in Internet web
pages, CD-ROMs, or interactive computer services, the
required disclosures shall appear in a type size,
shade, contrast, prominence, and location as to be
readily readable and comprehensible to users and shall
be separated from marketing and promotional information
and easily accessible under the label or heading
`Important Information for Consumers'.
``(2) Limitation.--Nothing contrary to, inconsistent with,
or in mitigation of, the required disclosures shall be used in
any advertisement in any medium and no audio, video, or print
technique shall be used that is likely to obscure or detract
significantly from the communication of the disclosures.''.
SEC. 8. ADMINISTRATIVE ENFORCEMENT.
(a) In General.--Chapter 5 of the Consumer Credit Protection Act is
amended by adding the following new section:
``SEC. 188. ADMINISTRATIVE ENFORCEMENT.
``Compliance with section 184 of this chapter shall be enforced by
the Federal Trade Commission, except to the extent that enforcement of
the requirements imposed under such section is specifically committed
to another agency under section 108(a) of this title. For purposes of
the exercise by the Commission of its functions and powers under the
Federal Trade Commission Act, a violation of section 184 shall be
deemed an unfair or deceptive act or practice in violation of that Act.
All of the functions of and powers of the Commission under the Federal
Trade Commission Act are available to the Commission to enforce
compliance by any person with such section, irrespective of whether
that person is engaged in commerce or meets any other jurisdictional
tests in the Federal Trade Commission Act, including the power to
enforce the provisions of such section in the same manner as if the
violation had been a violation of a Federal Trade Commission trade
regulation rule.''.
(b) Clerical Amendment.--The table of sections for chapter 5 of the
Truth in Lending Act is amended by adding at the end the following new
item:
``188. Administrative enforcement.''
SEC. 9. REGULATIONS.
The Board of Governors of the Federal Reserve System, not later
than 6 months after the date of the enactment of this Act, shall issue
regulations to implement the amendments made by this Act. The Board
shall also issue regulations, together with staff commentary if
appropriate, to update and clarify the requirements and definitions for
lease disclosures and any other issue relating to consumer leasing to
carry out the intent of the amendments made by this Act, to implement
any initiative to prevent the circumvention of the amendments made by
this Act, and to facilitate compliance with the requirements in the
amendments. | Consumer Automobile Lease Advertising Improvement Act of 2001 - Amends the Consumer Credit Protection Act to increase from $25,000 to $75,000 the maximum amount of a contractual obligation of a consumer lease to which the Act applies.Prescribes additional lease advertising disclosure requirements.Prescribes requirements for automobile leasing advertising. | {"src": "billsum_train", "title": "To amend the Consumer Credit Protection Act to enhance the advertising of the terms and costs of consumer automobile leases, to permit consumer comparison of advertised lease offerings, and for other purposes."} | 2,734 | 65 | 0.571825 | 1.484295 | 0.400016 | 2.407407 | 47.462963 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Sharing Improvement Act
of 2004''.
SEC. 2. NATIONAL SECURITY INTELLIGENCE SHARING.
(a) Telephone Records.--Section 2709(d) of title 18, United States
Code, is amended by striking ``for foreign'' and all that follows
through ``such agency''.
(b) Consumer Information Under 15 U.S.C. 1681u.--Section 625(f) of
the Fair Credit Reporting Act (15 U.S.C. 1681u(f)) is amended to read
as follows:
``(f) Dissemination of Information.--The Federal Bureau of
Investigation may disseminate information obtained pursuant to this
section only as provided in guidelines approved by the Attorney
General. ''.
(c) Consumer Information Under 15 U.S.C. 1681v.--Section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Dissemination of Information.--The Federal Bureau of
Investigation may disseminate information obtained pursuant to this
section only as provided in guidelines approved by the Attorney
General.''.
(d) Financial Records.--Section 1114(a)(5)(B) of the Right to
Financial Privacy Act (12 U.S.C. 3414(a)(5)(B)) is amended by striking
``for foreign'' and all that follows through ``such agency''.
(e) Records Concerning Certain Government Employees.--Section
802(e) of the National Security Act of 1947 (50 U.S.C. 436(e)) is
amended--
(1) by striking ``An agency'' and inserting the following:
``The Federal Bureau of Investigation may disseminate records
or information received pursuant to a request under this
section only as provided in guidelines approved by the Attorney
General. Any other agency''; and
(2) in paragraph (3), by striking ``clearly''.
(f) Information Obtained in National Security Investigations.--
Section 203(d) of the USA PATRIOT ACT (50 U.S.C. 403-5d) is amended--
(1) in paragraph (1), by striking ``criminal
investigation'' each place it appears and inserting ``criminal
or national security investigation''; and
(2) by amending paragraph (2) to read as follows:
``(2) Definitions.--As used in this subsection--
``(A) the term `foreign intelligence information'
means--
``(i) information, whether or not
concerning a United States person, that relates
to the ability of the United States to protect
against--
``(I) actual or potential attack or
other grave hostile acts of a foreign
power or an agent of a foreign power;
``(II) sabotage or international
terrorism by a foreign power or an
agent of a foreign power; or
``(III) clandestine intelligence
activities by an intelligence service
or network of a foreign power or by an
agent of a foreign power; or
``(ii) information, whether or not
concerning a United States person, with respect
to a foreign power or foreign territory that
relates to--
``(I) the national defense or the
security of the United States; or
``(II) the conduct of the foreign
affairs of the United States; and
``(B) the term `national security investigation'--
``(i) means any investigative activity to
protect the national security; and
``(ii) includes--
``(I) counterintelligence and the
collection of intelligence (as defined
in section 3 of the National Security
Act of 1947 (50 U.S.C. 401a)); and
``(II) the collection of foreign
intelligence information.''.
SEC. 3. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments.--Rule 6(e) of the Federal Rules of Criminal
Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state
subdivision or of an Indian tribe'' and inserting ``,
state subdivision, Indian tribe, or foreign
government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence
the following: ``An attorney for the government
may also disclose any grand-jury matter
involving a threat of actual or potential
attack or other grave hostile acts of a foreign
power or an agent of a foreign power, domestic
or international sabotage, domestic or
international terrorism, or clandestine
intelligence gathering activities by an
intelligence service or network of a foreign
power or by an agent of a foreign power, within
the United States or elsewhere, to any
appropriate Federal, State, state subdivision,
Indian tribal, or foreign government official
for the purpose of preventing or responding to
such a threat.''; and
(ii) in clause (i)--
(I) by striking ``federal''; and
(II) by adding at the end the
following: ``Any State, state
subdivision, Indian tribal, or foreign
government official who receives
information under Rule 6(e)(3)(D) may
use the information only consistent
with such guidelines as the Attorney
General and Director of Central
Intelligence shall jointly issue.'';
and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv)
as clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the
following:
``(iii) at the request of the government,
when sought by a foreign court or prosecutor
for use in an official criminal investigation;
''; and
(iii) in clause (iv), as redesignated--
(I) by striking ``state or Indian
tribal'' and inserting ``State, Indian
tribal, or foreign''; and
(II) by striking ``or Indian tribal
official'' and inserting ``Indian
tribal, or foreign government
official''; and
(2) in paragraph (7), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of Central
Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(b) Conforming Amendment.--Section 203(c) of the USA PATRIOT ACT
(18 U.S.C. 2517 note) is amended by striking ``Rule 6(e)(3)(C)(i)(V)
and (VI)'' and inserting ``Rule 6(e)(3)(D)''. | Information Sharing Improvement Act of 2004 - Amends the Federal criminal code, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to authorize the Federal Bureau of Investigation (FBI) to disseminate information relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities only as provided in guidelines approved by the Attorney General (currently, only for foreign intelligence collection or foreign counterintelligence investigations and only if the information is clearly relevant to another agency's authorized responsibilities).
Amends the USA PATRIOT Act to allow the disclosure of counterintelligence or foreign intelligence information obtained as part of a national security investigation (currently limited to a criminal investigation).
Amends rule 6 of the Federal Rules of Criminal Procedure to authorize the disclosure of certain grand-jury information to foreign government personnel. Authorizes: (1) a Government attorney to disclose any grand-jury matter involving specified activities, including a threat of attack, sabotage, terrorism, or clandestine intelligence-gathering, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government official for the purpose of preventing or responding to such a threat; (2) any State or other specified recipients of information under rule 6 to use the information in accordance with guidelines that the Attorney General and the Director of Central Intelligence jointly issue; and (3) the court to allow disclosure of any grand-jury matter at the request of the Government when sought by a foreign court or prosecutor for use in an official criminal investigation. | {"src": "billsum_train", "title": "A bill to strengthen anti-terrorism investigative tools, to enhance prevention and prosecution of terrorist crimes, to combat terrorism financing, to improve border and transportation security, and for other purposes."} | 1,564 | 334 | 0.539131 | 1.584439 | 0.818506 | 3.1843 | 4.546075 | 0.890785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency and Disaster Assistance
Fraud Penalty Enhancement Act of 2005''.
SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1039. Fraud in connection with major disaster or emergency
benefits
``(a) Whoever, in a circumstance described in subsection (b) of
this section, knowingly--
``(1) falsifies, conceals, or covers up by any trick,
scheme, or device any material fact; or
``(2) makes any materially false, fictitious, or fraudulent
statement or representation, or makes or uses any false writing
or document knowing the same to contain any materially false,
fictitious, or fraudulent statement or representation,
in any matter involving any benefit authorized, transported,
transmitted, transferred, disbursed, or paid in connection with a major
disaster declaration under section 401 of the Disaster Relief Act of
1974, or an emergency declaration under section 501 of the Disaster
Relief Act of 1974, or in connection with any procurement of property
or services related to any emergency or disaster declaration as a prime
contractor with the United States or as a subcontractor or supplier on
a contract in which there is a prime contract with the United States,
shall be fined under this title, imprisoned for not more than 30 years,
or both.
``(b) The circumstance to which subsection (a) of this section
refers is that--
``(1) the authorization, transportation, transmission,
transfer, disbursement, or payment of the benefit is in or
affects interstate or foreign commerce;
``(2) the benefit is transported in the mail at any point
in the authorization, transportation, transmission, transfer,
disbursement, or payment of that benefit; or
``(3) the benefit is a record, voucher, payment, money, or
thing of value of the United States, or of any department or
agency thereof.
``(c) In this section, the term `benefit' means any record,
voucher, payment, money or thing of value, good, service, right, or
privilege provided by the United States, State or local government, or
other entity.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting at the end the
following new item:
``1039. Fraud in connection with major disaster or emergency
benefits.''.
SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND
TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY
DECLARED MAJOR DISASTER OR EMERGENCY.
Section 1343 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING
AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER
OR EMERGENCY.
Section 1341 of title 18, United States Code, is amended by
inserting: ``occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid
in connection with, a presidentially declared major disaster or
emergency, or'' after ``If the violation''.
SEC. 5. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission forthwith shall--
(1) promulgate sentencing guidelines or amend existing
sentencing guidelines to provide for increased penalties for
persons convicted of fraud or theft offenses in connection with
a major disaster declaration under section 5170 of title 42,
United States Code, or an emergency declaration under section
5191 of title 42, United States Code; and
(2) submit to the Committees on the Judiciary of the United
States Congress an explanation of actions taken by the
Commission pursuant to paragraph (1) and any additional policy
recommendations the Commission may have for combating offenses
described in that paragraph.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses described
in subsection (a) and the need for aggressive and appropriate
law enforcement action to prevent such offenses;
(2) assure reasonable consistency with other relevant
directives and with other guidelines;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including circumstances for
which the sentencing guidelines currently provide sentencing
enhancements;
(4) make any necessary conforming changes to the sentencing
guidelines; and
(5) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
(c) Emergency Authority and Deadline for Commission Action.--The
Commission shall promulgate the guidelines or amendments provided for
under this section as soon as practicable, and in any event not later
than the 30 days after the date of the enactment of this Act, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Reform Act of 1987, as though the authority under that Act
had not expired. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2005 (sic) - Amends the federal criminal code to: (1) set forth criminal penalties for fraud in the provision of benefits or the procurement of property or services in connection with a major disaster or emergency declared under the Disaster Relief Act of 1974; and (2) increase criminal penalties for engaging in wire, radio, television, or mail fraud during and in relation to a presidentially declared major disaster or emergency.
Directs the U. S. Sentencing Commission to promulgate or amend sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a declared emergency or major disaster. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, with respect to fraud in connection with major disaster or emergency funds."} | 1,288 | 146 | 0.520871 | 1.559245 | 0.743525 | 4.110236 | 8.937008 | 0.929134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limited Purpose Bank Amendments of
1997''.
SEC. 2. BANK ACTIVITIES RESTRICTION.
(a) In General.--Section 4(f)(2) of the Bank Holding Company Act of
1956 (12 U.S.C. 1843(f)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) any bank subsidiary of such company both--
``(i) accepts demand deposits or deposits
that the depositor may withdraw by check or
similar means for payment to 3d parties; and
``(ii) engages principally in the business
of making commercial loans (and, for purposes
of this clause, loans made in the ordinary
course of a credit card operation shall not be
treated as commercial loans); or''; and
(3) by inserting after paragraph (2) (as amended by
paragraph (2) of this subsection) the following new
subparagraph:
``(C) after the date of the enactment of the
Competitive Equality Amendments of 1987, any bank
subsidiary of such company permits any overdraft
(including any intraday overdraft), or incurs any such
overdraft in such bank's account at a Federal reserve
bank, on behalf of an affiliate, other than an
overdraft described in paragraph (3).''.
(b) Acquisition of Credit Card Assets.--Section 4(f)(2)(A)(ii) of
the Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(2)(A)(ii)) is
amended--
(1) by striking ``and'' at the end of subclause (IX);
(2) by inserting ``and'' after the semicolon at the end of
subclause (X); and
(3) by inserting the following new subclause immediately
after subclause (X) (and before the provision which follows
such subclause):
``(XI) assets that are derived
from, or are incidental to, activities
in which institutions described in
subsection (c)(2)(F) are permitted to
engage;''.
SEC. 3. CROSSMARKETING RESTRICTION.
Section 4(f) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(f)) is amended by striking paragraph (3).
SEC. 4. RESTRICTION ON DAYLIGHT OVERDRAFTS .
Section 4(f) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(f)) (as amended by section 3) is amended by inserting after
paragraph (2) the following new paragraph:
``(3) Permissible overdrafts described.--For purposes of
paragraph (2)(C), an overdraft is described in this paragraph
if--
``(A) such overdraft results from an inadvertent
computer or accounting error that is beyond the control
of both the bank and the affiliate;
``(B) such overdraft--
``(i) is permitted or incurred on behalf of
an affiliate which is monitored by, reports to,
and is recognized as a primary dealer by the
Federal Reserve Bank of New York; and
``(ii) is fully secured, as required by the
Board, by bonds, notes, or other obligations
which are direct obligations of the United
States or on which the principal and interest
are fully guaranteed by the United States or by
securities and obligations eligible for
settlement on the Federal Reserve book entry
system; or
``(C) such overdraft--
``(i) is permitted or incurred by, or on
behalf of, an affiliate that is principally
engaged in activities that are financial in
nature or are incidental to any such
activities; and
``(ii) does not cause the bank to violate
any provision of section 23A or 23B of the
Federal Reserve Act either directly, in the
case of a bank which is a member of the Federal
Reserve System, or by virtue of section 18(j)
of the Federal Deposit Insurance Act, in the
case of a bank which is not a member of the
Federal Reserve System.''.
SEC. 5. RESTRICTION ON ACQUISITIONS OF OTHER INSURED DEPOSITORY
INSTITUTIONS.
Section 4(f)(12) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(f)(12)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) in an acquisition in which the insured
institution has been found to be undercapitalized by
the appropriate Federal or State authority.''.
SEC. 6. DIVESTITURE REQUIREMENT.
(a) In General.--Paragraph (4) of section 4(f) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(f)) is amended to read as follows:
``(4) Divestiture in case of loss of exemption.--If any
company described in paragraph (1) fails to qualify for the
exemption provided under such paragraph by operation of
paragraph (2), such exemption shall cease to apply to such
company and such company shall divest control of each bank it
controls before the end of the 180-day period beginning on the
date that the company receives notice from the Board that the
company has failed to continue to qualify for such exemption,
unless before the end of such 180-day period, the company has--
``(A) either--
``(i) corrected the condition or ceased the
activity that caused the company to fail to
continue to qualify for the exemption; or
``(ii) submitted a plan to the Board to
cease the activity or correct the condition in
a timely manner (which shall not exceed 1 year)
and the Board has not disapproved such plan;
and
``(B) implemented procedures that are reasonably
adapted to avoid the reoccurrence of such condition or
activity.''.
(b) Technical and Conforming Amendment.--Section 4(f)(2) of the
Bank Holding Company Act of 1956 (12 U.S.C. 1843(f)(2)) is amended by
striking ``Paragraph (1) shall cease to apply to any company described
in such paragraph if--'' and inserting ``Subject to paragraph (3), a
company described in paragraph (1) shall no longer qualify for the
exemption provided under such paragraph if--''. | Limited Purpose Bank Amendments of 1997 - Amends the Bank Holding Company Act of 1956 to set forth transactions involving demand deposits, commercial loans, and overdrafts by a bank subsidiary which will cause the parent company to lose its statutory exemption from being treated as a bank holding company.
Expands the asset class over which a parent company may exercise more than five percent control without losing such exemption.
Repeals the restrictions placed upon banks under such exempt holding companies' control.
Permits a parent holding company to retain such exemption if it acquires an insured institution that has been found by Federal or State authority to be undercapitalized.
Revises divestiture requirements to cite circumstances under which the parent holding company may regain a lost exemption from treatment as a bank holding company. | {"src": "billsum_train", "title": "Limited Purpose Bank Amendments of 1997"} | 1,499 | 176 | 0.448791 | 1.237777 | 0.790711 | 1.555556 | 9.131944 | 0.708333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2007''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (10), (12), (13), (14), and (15), respectively;
(2) by striking paragraph (3) and inserting the following:
``(3) Administrator.--The term `Administrator' means the
Administrator of FEMA.
``(4) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (10) (as redesignated by
paragraph (1)) the following:
``(11) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State dam safety and security
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of publicly-owned deficient dams.
``(b) Award of Grants.--
``(1) Application.--A State interested in receiving a grant
under this section may submit to the Administrator an
application for such grant. Applications submitted to the
Administrator under this section shall be submitted at such
times, be in such form, and contain such information, as the
Administrator may prescribe by regulation.
``(2) In general.--Subject to the provisions of this
section, the Administrator may make a grant for rehabilitation
of a deficient dam to a State that submits an application for
the grant in accordance with the regulations prescribed by the
Administrator. The Administrator shall enter into a project
grant agreement with the State to establish the terms of the
grant and the project, including the amount of the grant.
``(c) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (f)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for such grants for
that fiscal year as follows:
``(1) One-third divided equally among applying States.
``(2) Two-thirds among applying States based on the ratio
that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 65 percent of the cost of such rehabilitation.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2007; and
``(B) $100,000,000 for each of fiscal years 2008
through 2010.
``(2) Staff.--There are authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2007 through 2009.
``(3) Period of availability.--Sums appropriated pursuant
to this section shall remain available until expended.''.
(c) Conforming Amendment.--Such Act (other than section 2) is
further amended by striking ``Director'' each place it appears and
inserting ``Administrator''.
SEC. 3. RULEMAKING.
(a) Proposed Rulemaking.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Federal Emergency
Management Agency shall issue a notice of proposed rulemaking regarding
the amendments made by section 2 of this Act.
(b) Final Rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall issue a final rule
regarding such amendments. | Dam Rehabilitation and Repair Act of 2007 - Amends the National Dam Safety Program Act to require the Administrator of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams).
Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Administrator to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 65%. | {"src": "billsum_train", "title": "To amend the National Dam Safety Program Act to establish a program to provide grant assistance to States for the rehabilitation and repair of deficient dams."} | 1,161 | 132 | 0.587438 | 1.4578 | 0.596686 | 3.955752 | 9.451327 | 0.876106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Tax Cut Protection Act
of 2012''.
SEC. 2. 2-YEAR EXTENSION OF TAX RELIEF FOR MIDDLE CLASS.
(a) Extension of 2001 Tax Relief.--
(1) In general.--Section 901 of the Economic Growth and Tax
Relief Reconciliation Act of 2001 is amended by striking
``December 31, 2012'' both places it appears and inserting
``December 31, 2014''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Extension of 2003 Tax Relief.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2014''.
(2) Effective date.--The amendment made by this section
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(c) Temporary Extension of 2009 Tax Relief.--
(1) American opportunity tax credit.--
(A) In general.--Section 25A(i) of the Internal
Revenue Code of 1986 is amended by striking ``or 2012''
and inserting ``, 2012, 2013, or 2014''.
(B) Treatment of possessions.--Section 1004(c)(1)
of the American Recovery and Reinvestment Tax Act of
2009 is amended by striking ``and 2012'' each place it
appears and inserting ``2012, 2013, and 2014''.
(C) Child tax credit.--Section 24(d)(4) of such
Code is amended--
(i) by striking ``and 2012'' in the heading
and inserting ``2012, 2013, and 2014'', and
(ii) by striking ``or 2012'' and inserting
``2012, 2013, or 2014''.
(D) Earned income tax credit.--Section 32(b)(3) of
such Code is amended--
(i) by striking ``and 2012'' in the heading
and inserting ``2012, 2013, and 2014'', and
(ii) by striking ``or 2012'' and inserting
``2012, 2013, or 2014''.
SEC. 3. CERTAIN TAX CUTS NOT EXTENDED FOR HIGH INCOME INDIVIDUALS.
(a) Individual Income Tax Rates.--Subsection (i) of section 1 of
the Internal Revenue Code of 1986 is amended by redesignating paragraph
(3) as paragraph (4) and by inserting after paragraph (2) the following
new paragraph:
``(3) 33-Percent rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2012--
``(i) paragraph (2) shall not apply in
determining the rates of tax for the fourth
rate bracket and higher rate brackets,
``(ii) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the fourth rate bracket shall be 33
percent to the extent such income does not
exceed an amount equal to the excess of--
``(I) the applicable amount, over
``(II) the dollar amount at which
such bracket begins, and
``(iii) the 36-percent rate of tax under
such subsections shall apply only to the
taxpayer's taxable income in such bracket in
excess of the amount to which clause (i)
applies.
``(B) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means the
excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in
effect for the taxable year:
``(I) the basic standard deduction
(within the meaning of section
63(c)(2)), and
``(II) the exemption amount (within
the meaning of section 151(d)(1)) (or,
in the case of subsection (a), 2 such
exemption amounts).
``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $250,000 in the case of subsection
(a),
``(ii) $200,000 in the case of subsections
(b) and (c), and
``(iii) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (E)) in the case of subsection
(d).
``(D) Fourth rate bracket.--For purposes of this
paragraph, the term `fourth rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 36-percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, a rule similar to the rule of paragraph
(1)(C) shall apply with respect to taxable years
beginning in calendar years after 2012, applied by
substituting `2010' for `1992' in subsection
(f)(3)(B).''.
(b) Reduced Rate on Capital Gains and Dividends.--
(1) In general.--Paragraph (1) of section (1)(h) of such
Code is amended by striking subparagraph (C), by redesignating
subparagraphs (D) and (E) as subparagraphs (E) and (F),
respectively, and by inserting after subparagraph (B) the
following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable income) as exceeds
the amount on which a tax is determined under
subparagraph (B), or
``(ii) the excess (if any) of--
``(I) the amount of taxable income
which would (without regard to this
subsection) be taxed at a rate below 36
percent, over
``(II) the sum of the amounts on
which tax is determined under
subparagraphs (A) and (B),
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C),''.
(2) Dividends.--Subparagraph (A) of section 1(h)(11) of
such Code is amended by striking ``qualified dividend income''
and inserting ``so much of the qualified dividend income as
does not exceed the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this subsection) be
taxed at a rate below 36 percent, over
``(ii) taxable income reduced by qualified
dividend income.''.
(3) Minimum tax.--Section 55 of such Code is amended by
adding at the end the following new subsection:
``(f) Application of Maximum Rate of Tax on Net Capital Gain of
Noncorporate Taxpayers.--In the case of taxable years beginning after
December 31, 2012, the amount determined under subparagraph (C) of
subsection (b)(3) shall be the sum of--
``(1) 15 percent of the lesser of--
``(A) so much of the adjusted net capital gain (or,
if less, taxable excess) as exceeds the amount on which
tax is determined under subparagraph (B) of subsection
(b)(3), or
``(B) the excess described in section
1(h)(1)(C)(ii), plus
``(2) 20 percent of the adjusted net capital gain (or, if
less, taxable excess) in excess of the sum of the amounts on
which tax is determined under subsection (b)(3)(B) and
paragraph (1).''.
(4) Conforming amendments.--
(A) The following provisions are amended by
striking ``15 percent'' and inserting ``20 percent'':
(i) Section 1445(e)(1) of such Code.
(ii) The second sentence of section
7518(g)(6)(A) of such Code.
(iii) Section 53511(f)(2) of title 46,
United States Code.
(B) Sections 531 and 541 of the Internal Revenue
Code of 1986 are each amended by striking ``15 percent
of'' and inserting ``the product of the highest rate of
tax under section 1(c) and''.
(C) Section 1445(e)(6) of such Code is amended by
striking ``15 percent (20 percent in the case of
taxable years beginning after December 31, 2011)'' and
inserting ``20 percent''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2012.
(2) Withholding.--The amendments made by subparagraphs
(A)(i) and (C) of subsection (b)(4) shall apply to amounts paid
on or after January 1, 2013. | Middle Class Tax Cut Protection Act of 2012 - Extends through 2014: (1) the general terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, and (2) the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Amends the Internal Revenue Code to extend through 2014: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, and (3) the increased earned income tax credit percentage for three or more qualifying children.
Disqualifies taxpayers whose income exceeds $250,000 for such extended tax benefits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a temporary extension of the 2001 and 2003 tax cuts for the middle class, and for other purposes."} | 2,056 | 135 | 0.575026 | 1.417564 | 0.683498 | 2.418605 | 14.310078 | 0.790698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ovarian Cancer Biomarker Research
Act of 2009''.
SEC. 2. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS FOR
THE STUDY OF OVARIAN CANCER BIOMARKERS.
Subpart 1 of part C of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 417E. GRANTS FOR ESTABLISHMENT AND OPERATION OF RESEARCH CENTERS
FOR THE STUDY OF OVARIAN CANCER BIOMARKERS.
``(a) In General.--The Director of the Institute, in consultation
with the directors of other relevant institutes and centers of the
National Institutes of Health and the Department of Defense Ovarian
Cancer Research Program, shall enter into cooperative agreements with,
or make grants to, public or nonprofit entities to establish and
operate centers to conduct research on biomarkers for use in risk
stratification for, and the early detection and screening of, ovarian
cancer, including fallopian tube cancer or primary peritoneal cancer.
Each center shall be known as an Ovarian Cancer Biomarker Center of
Excellence.
``(b) Research Funded.--Federal payments made under a cooperative
agreement or grant under subsection (a) may be used for research on any
of the following:
``(1) The development and characterization of new
biomarkers, and the refinement of existing biomarkers, for
ovarian cancer.
``(2) The clinical and laboratory validation of such
biomarkers, including technical development, standardization of
assay methods, sample preparation, reagents, reproducibility,
portability, and other refinements.
``(3) The development and implementation of clinical and
epidemiological research on the utilization of biomarkers for
the early detection and screening of ovarian cancer.
``(4) The development and implementation of repositories
for new tissue, urine, serum, and other biological specimens
(such as ascites and pleural fluids).
``(c) First Agreement or Grant.--Not later than 1 year after the
date of the enactment of this section, the Director of the Institute
shall enter into the first cooperative agreement or make the first
grant under this section.
``(d) Availability of Banked Specimens.--The Director of the
Institute shall make available for research conducted under this
section banked serum and tissue specimens from clinical research
regarding ovarian cancer that was funded by the Department of Health
and Human Services.
``(e) Report.--Not later than the end of fiscal year 2010, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the cooperative agreements entered into and
the grants made under this section.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for each of the fiscal years 2010 through 2013, and such sums as may be
necessary for each of the fiscal years 2014 through 2020. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''.
SEC. 3. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
Subpart 1 of part C of the Public Health Service Act, as amended by
section 2, is further amended by adding at the end the following new
section:
``SEC. 417F. OVARIAN CANCER BIOMARKER CLINICAL TRIAL COMMITTEE.
``(a) Ovarian Cancer Biomarker Research Committee Established.--The
Director of the Institute shall establish an Ovarian Cancer Biomarker
Clinical Trial Committee (in this section referred to as the
`Committee') to assist the Director to design and implement one or more
national clinical trials, in accordance with this section, to determine
the utility of using biomarkers validated pursuant to the research
conducted under section 417E for risk stratification for, and early
detection and screening of, ovarian cancer. Such Committee shall be
established and operate in consultation with the Gynecologic Oncology
Group (as funded by the National Cancer Institute).
``(b) Membership.--
``(1) In general.--The Committee shall consist of the
following types of members, to be appointed by the Director of
the Institute, in consultation with appropriate national
medical and research societies and patient advocate groups:
``(A) National experts in statistical analysis,
clinical trial design, and patient recruitment.
``(B) National experts in ovarian cancer research.
``(C) Patient advocates.
``(D) Representatives of Federal Government
agencies that currently fund ovarian cancer research.
``(E) Nonvoting members that the Director of the
Institute determines to be appropriate.
``(2) Pay.--Members of the Committee shall serve without
pay and those members who are full time officers or employees
of the United States shall receive no additional pay by reason
of their service on the Committee, except that members of the
Committee shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with applicable provisions
under chapter I of chapter 57 of title 5, United States Code.
``(c) Meetings.--The Committee shall meet at the call of the
chairperson or upon the request of the Director of the Institute, but
at least four times each year.
``(d) Clinical Trial Specifications.--In designing and implementing
the clinical trials under this section, the Director of the Institute
shall provide for the following:
``(1) Participation in trial.--To the greatest extent
possible, all academic centers, community cancer centers, and
individual physician investigators (as defined in subsection
(e)) shall have the opportunity to participate in the trials
under this section and to enroll women at risk for ovarian
cancer in the trials.
``(2) Costs for enrollments.--Subject to the availability
of appropriations, all the costs to the centers and offices
described in paragraph (1) for enrolling women in the trials
under this section shall be reimbursed by the Institute.
``(3) National data center.--A national data center shall
be established in and supported by the Institute to conduct
statistical analyses of the data derived from the trials under
this section and to store such analyses and data.
``(4) Guidelines for medical community.--Data and
statistical analyses of the clinical trials under this section
shall be used to establish clinical guidelines to provide the
medical community with information regarding the use of
biomarkers validated pursuant to the research conducted under
section 417E for risk stratification for, and early detection
and screening of, ovarian cancer.
``(e) Individual Physician Investigator Defined.--For purposes of
subsection (d)(1), the term `individual physician investigator' means a
physician--
``(1) who is a faculty member at an academic institution or
who is in a private medical practice; and
``(2) who provides health care services to women at risk
for ovarian cancer.
``(f) Report.--Not later than the end of fiscal year 2010, and
annually thereafter, the Director of the Institute shall submit a
report to the Congress on the activities conducted under this section.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for each of the fiscal years 2010 through 2013, and such sums as may be
necessary for each of the fiscal years 2014 through 2020. Such
authorization of appropriations is in addition to any other
authorization of appropriations that is available for such purpose.''. | Ovarian Cancer Biomarker Research Act of 2009 - Amends the Public Health Service Act to require the Director of the National Cancer Institute to enter into cooperative agreements with, or make grants to, public or nonprofit entities to establish and operate Ovarian Cancer Biomarker Centers of Excellence to conduct research on biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer. Permits federal funds to be used for research on: (1) the development and characterization of new biomarkers and the refinement of existing biomarkers, for ovarian cancer; (2) the clinical and laboratory validation of such biomarkers; (3) the development and implementation of clinical and epidemiological research on the utilization of such biomarkers; and (4) the development and implementation of repositories for new tissue, urine, serum, and other biological specimens.
Requires the Director to: (1) make available for research banked serum and tissue specimens from clinical research regarding ovarian cancer that was funded by the Department of Health and Human Services (HHS); and (2) establish an Ovarian Cancer Biomarker Clinical Trial Committee to assist in designing and implementing national clinical trials to determine the utility of using such biomarkers. Requires a national data center to be established in and supported by the Institute to conduct statistical analyses of trial data, and to store such analyses and data. Requires such data and statistical analyses to be used to establish clinical guidelines to provide the medical community with information regarding the use of validated biomarkers. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to authorize the Director of the National Cancer Institute to make grants for the discovery and validation of biomarkers for use in risk stratification for, and the early detection and screening of, ovarian cancer."} | 1,688 | 333 | 0.757891 | 2.393382 | 0.932072 | 6.275618 | 5.300353 | 0.968198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Enforcement Priorities Act''.
SEC. 2. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.
(a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C.
2420) is amended to read as follows:
``SEC. 310. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.
``(a) Identification and Annual Report.--Not later than 75 days
after the date that the National Trade Estimate under section 181(b) is
required to be submitted each calendar year, the United States Trade
Representative shall--
``(1) identify the trade enforcement priorities of the
United States;
``(2) identify trade enforcement actions that the United
States has taken during the previous year and provide an
assessment of the impact those enforcement actions have had in
addressing foreign trade barriers;
``(3) identify the priority foreign country trade practices
on which the Trade Representative will focus the trade
enforcement efforts of the United States during the upcoming
year; and
``(4) submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives
and publish in the Federal Register a report on the priorities,
actions, assessments, and practices identified in paragraphs
(1), (2), and (3).
``(b) Factors To Consider.--In identifying priority foreign country
trade practices under subsection (a)(3), the Trade Representative
shall--
``(1) focus on those practices the elimination of which is
likely to have the most significant potential to increase
United States economic growth; and
``(2) concentrate on United States trading partners--
``(A) that represent the largest trade deficit in
dollar value with the United States, excluding
petroleum and petroleum products;
``(B) whose practices have the most negative impact
on maintaining and creating United States jobs, wages,
and productive capacity; and
``(C) whose practices limit market access for
United States goods and services; and
``(3) take into account all relevant factors, including--
``(A) the major barriers and trade distorting
practices described in the most recent National Trade
Estimate required under section 181(b);
``(B) the findings and practices described in the
most recent report required under--
``(i) section 182;
``(ii) section 1377 of the Omnibus Trade
and Competitiveness Act of 1988 (19 U.S.C.
3106);
``(iii) section 3005 of the Omnibus Trade
and Competitiveness Act of 1988 (22 U.S.C.
5305); and
``(iv) section 421 of the U.S.-China
Relations Act of 2000 (22 U.S.C. 6951);
``(C) the findings and practices described in any
other report addressing international trade and
investment barriers prepared by the Trade
Representative, the Department of Commerce, the
Department of Labor, the Department of Agriculture, and
the Department of State, or any other agency or
congressional commission during the 12 months preceding
the date on which the report described in subsection
(a)(4) is required to be submitted;
``(D) a foreign country's compliance with its
obligations under any trade agreements to which both
the foreign country and the United States are parties;
``(E) a foreign country's compliance with its
obligations under internationally recognized sanitary
and phytosanitary standards;
``(F) the international competitive position and
export potential of United States products and
services; and
``(G) the enforcement of customs laws relating to
anticircumvention and transshipment.
``(c) Consultation.--
``(1) In general.--Not later than 90 days after the date
that the National Trade Estimate under section 181(b) is
required to be submitted, the Trade Representative shall
consult with the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
with respect to the priorities, actions, assessments, and
practices required to be identified in the report under
subsection (a).
``(2) Vote of committee.--If, as a result of the
consultations described in paragraph (1), either the Committee
on Finance of the Senate or the Committee on Ways and Means of
the House of Representatives requests identification of a
priority foreign country trade practice by majority vote of the
Committee, the Trade Representative shall include such
identification in the report required under subsection (a).
``(3) Determination not to include priority foreign country
trade practices.--The Trade Representative may determine not to
include the priority foreign country trade practice requested
under paragraph (2) in the report required under subsection (a)
only if the Trade Representative finds that--
``(A) such practice is already being addressed
under provisions of United States trade law, under the
Uruguay Round Agreements (as defined in section 2(7) of
the Uruguay Round Agreements Act (19 U.S.C. 3501(7))),
under a bilateral or regional trade agreement, or as
part of trade negotiations with that foreign country or
other countries, and progress is being made toward the
elimination of such practice; or
``(B) identification of such practice as a priority
foreign country trade practice would be contrary to the
interests of United States trade policy.
``(4) Reasons for determination.--In the case of a
determination made pursuant to paragraph (3), the Trade
Representative shall set forth in detail the reasons for that
determination in the report required under subsection (a).
``(5) Report to be publicly available.--The Trade
Representative shall publish the report required under
subsection (a) in the Federal Register.
``(d) Investigation and Resolution.--
``(1) In general.--Not later than 120 days after the report
required under subsection (a) is submitted, the Trade
Representative shall engage in negotiations with the country
concerned in accordance with paragraph (2) or (3), as the case
may be, to resolve the practices identified in the report.
``(2) Actions with respect to practices of members of the
world trade organization or countries with which the united
states has a trade agreement in effect.--In the case of any
priority foreign country trade practice identified under
subsection (a) of a country that is a member of the World Trade
Organization or a country with which the United States has a
bilateral or regional trade agreement in effect, the Trade
Representative shall, not later than 120 days after the date
that the report described in subsection (a) is submitted--
``(A)(i) initiate dispute settlement consultations
in the World Trade Organization; or
``(ii) initiate dispute settlement consultations
under the applicable provisions of the bilateral or
regional trade agreement;
``(B) seek to negotiate an agreement that provides
for the elimination of the priority foreign country
trade practice or, if elimination of the practice is
not feasible, an agreement that provides for
compensatory trade benefits; or
``(C) take any other action necessary to facilitate
the elimination of the priority foreign country trade
practice.
``(3) Actions with respect to practices of other
countries.--In the case of any priority foreign country trade
practice identified under subsection (a) of a country that is
not described in paragraph (2), the Trade Representative shall,
not later than 120 days after the report described in
subsection (a) is submitted--
``(A) initiate an investigation under section
302(b)(1);
``(B) seek to negotiate an agreement that provides
for the elimination of the priority foreign country
trade practice or, if elimination of the practice is
not feasible, an agreement that provides for
compensatory trade benefits; or
``(C) take any other action necessary to eliminate
the priority foreign country trade practice.
``(e) Additional Reporting.--
``(1) Report by trade representative.--Not later than 180
days after the date of the enactment of this section, and every
180 days thereafter, the Trade Representative shall report to
the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on the progress
being made to realize the trade enforcement priorities
identified in subsection (a)(1) and the steps being taken to
address the priority foreign country trade practices identified
in subsection (a)(3).
``(2) Report by government accountability office.--Not
later than 2 years after the date of the enactment of this
section, and every 2 years thereafter, the Comptroller General
of the United States shall submit to the Committee on Finance
of the Senate and the Committee on Ways and Means of the House
of Representatives a report assessing the actions taken by the
Trade Representative to realize the trade enforcement
priorities identified in subsection (a)(1) and the steps being
taken to address the priority foreign country trade practices
identified in subsection (a)(3).''.
(b) Conforming Amendment.--The table of contents for the Trade Act
of 1974 is amended by striking the item relating to section 310, and
inserting the following new item:
``Sec. 310. Identification of trade enforcement priorities.''. | Trade Enforcement Priorities Act - Amends the Trade Act of 1974 to revise requirements for identification of trade enforcement priorities by the United States Trade Representative (USTR).
Requires the USTR, in identifying priority foreign country trade practices, to concentrate on U.S. trading partners: (1) that represent the largest trade deficit in dollar value with the United States, excluding petroleum and petroleum products; (2) whose practices have the most negative impact on maintaining and creating U.S. jobs, wages, and productive capacity; and (3) whose practices limit market access for U.S. goods and service.
Requires the USTR to consult with specified congressional committees on the priorities, actions, assessments, and practices required to be identified in the report.
Requires the USTR, with respect to a priority trade practice of a World Trade Organization (WTO) foreign country, or a foreign country with which the United States has a bilateral or regional trade agreement in effect, to initiate: (1) dispute settlement consultations in the WTO; (2) dispute settlement consultations under the bilateral or regional trade agreement; (3) negotiations that seek an agreement for the elimination of the priority foreign country trade practice or, if elimination is not feasible, an agreement that provides for compensatory trade benefits; or (4) any other action to eliminate the priority foreign country trade practice. Prescribes certain actions with respect to the priority foreign country trade practices of other countries. | {"src": "billsum_train", "title": "A bill to renew and extend the provisions relating to the identification of trade enforcement priorities, and for other purposes."} | 1,947 | 304 | 0.683258 | 1.822813 | 0.848188 | 4.076364 | 6.912727 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tom Lantos Pulmonary Hypertension
Research and Education Act of 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
Sec. 101. Expansion and intensification of activities.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
Sec. 201. Promoting public awareness.
Sec. 202. Promoting awareness among health care professionals.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the Secretary of Health and Human Services (in this Act
referred to as the ``Secretary''), acting through the Director
of the National Institutes of Health and the Director of the
National Heart, Lung, and Blood Institute (in this title
referred to as the ``Institute''), should continue aggressive
work on pulmonary hypertension;
(2) as part of such work, the Director of the Institute
should continue research to expand the understanding of the
causes of, and to find a cure for, pulmonary hypertension; and
(3) activities under paragraph (1) may include conducting
and supporting--
(A) basic research concerning the etiology and
causes of pulmonary hypertension;
(B) basic research on the relationship between
scleroderma, sickle cell anemia (and other conditions
identified by the Director of the Institute that can
lead to a secondary diagnosis of pulmonary
hypertension), and pulmonary hypertension;
(C) clinical research for the development and
evaluation of new treatments for pulmonary
hypertension, including the establishment of a
``Pulmonary Hypertension Clinical Research Network'';
(D) support for the training of new clinicians and
investigators with expertise in the pulmonary
hypertension; and
(E) information and education programs for the
general public.
(b) Biennial Reports.--As part of the biennial report made under
section 403 of the Public Health Service Act (42 U.S.C. 283), the
Secretary shall include information on the status of pulmonary
hypertension research at the National Institutes of Health.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
SEC. 201. PROMOTING PUBLIC AWARENESS.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall carry out an
educational campaign to increase public awareness of pulmonary
hypertension. Print, video, and Web-based materials distributed under
this program may include--
(1) basic information on pulmonary hypertension and its
symptoms; and
(2) information on--
(A) the incidence and prevalence of pulmonary
hypertension;
(B) diseases and conditions that can lead to
pulmonary hypertension as a secondary diagnosis;
(C) the importance of early diagnosis; and
(D) the availability, as medically appropriate, of
a range of treatment options and pulmonary
hypertension.
(b) Dissemination of Information.--The Secretary is encouraged to
disseminate information under subsection (a) through a cooperative
agreement with a national nonprofit entity with expertise in pulmonary
hypertension.
(c) Report to Congress.--Not later than September 30, 2009, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations of the
House of Representatives and the Senate on the status of activities
under this section.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,500,000 for
each of fiscal years 2009, 2010, and 2011.
SEC. 202. PROMOTING AWARENESS AMONG HEALTH CARE PROFESSIONALS.
(a) In General.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration and the Director of
the Centers for Disease Control and Prevention, shall carry out an
educational campaign to increase awareness of pulmonary hypertension
among health care providers. Print, video, and Web-based materials
distributed under this program may include information on--
(1) the symptoms of pulmonary hypertension;
(2) the importance of early diagnosis;
(3) current diagnostic criteria; and
(4) Food and Drug Administration-approved therapies for the
disease.
(b) Targeted Health Care Providers.--Health care providers targeted
through the campaign under subsection (a) shall include, but not be
limited to, cardiologists, pulmonologists, rheumatologists, primary
care physicians, pediatricians, and nurse practitioners
(c) Dissemination of Information.--The Secretary is encouraged to
disseminate information under subsection (a) through a cooperative
agreement with a national nonprofit entity with expertise in pulmonary
hypertension.
(d) Report to Congress.--Not later than September 30, 2009, the
Secretary shall report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Health, Education, Labor,
and Pensions of the Senate, and the Committee on Appropriations of the
House of Representatives and the Senate on the status of activities
under this section.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $2,500,000 for
each of fiscal years 2009, 2010, and 2011.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Tom Lantos Pulmonary Hypertension Research and Education Act of 2008 - Title I: Research on Pulmonary Hypertension - (Sec. 101) Expresses the sense of the Congress that: (1) the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Heart, Lung, and Blood Institute, should continue aggressive work on pulmonary hypertension; and (2) the Director of the Institute should continue research to expand the understanding of the causes of, and to find a cure for, pulmonary hypertension.
Requires inclusion of information on the status of pulmonary hypertension research at NIH in biennial reports to Congress.
Title II: Increasing Awareness of Pulmonary Hypertension - (Sec. 201) Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to carry out an educational campaign to increase public awareness of pulmonary hypertension, which may include information on: (1) pulmonary hypertension and its symptoms; (2) the incidence and prevalence of pulmonary hypertension; (3) diseases and conditions that can lead to pulmonary hypertension as a secondary diagnosis; (4) the importance of early diagnosis; and (5) the availability of a range of treatment options.
(Sec. 202) Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA) and the Director of CDC, to carry out an educational campaign to increase awareness of pulmonary hypertension among health care providers, which may include information on: (1) the symptoms of pulmonary hypertension; (2) the importance of early diagnosis; (3) current diagnostic criteria; and (4) Food and Drug Administration-approved therapies for the disease. Requires such campaign to target health care providers, including cardiologists, pulmonologists, rheumatologists, primary care physicians, pediatricians, and nurse practitioners.
Sets forth reporting requirements.
Authorizes appropriations for FY2009-FY2011. | {"src": "billsum_train", "title": "To direct the Secretary of Health and Human Services to encourage research and carry out an educational campaign with respect to pulmonary hypertension, and for other purposes."} | 1,296 | 435 | 0.745134 | 2.199745 | 0.836624 | 5.183511 | 2.949468 | 0.93883 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Dog Training Therapy Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program for the purpose of assessing the
effectiveness of addressing post-deployment mental health and post-
traumatic stress disorder symptoms through a therapeutic medium of
training service dogs for veterans with disabilities.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out at least three and not more than
five Department of Veterans Affairs medical centers during the five-
year period beginning on the date of the commencement of the pilot
program.
(c) Locations of Pilot Program.--In selecting medical centers for
the pilot program required under subsection (a), the Secretary shall
ensure that each medical center selected provides a training area for
educating veterans with mental health conditions in the art and science
of service dog training and handling. Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(d) Design of Pilot Program.--In carrying out the pilot program
under this section, the Secretary shall--
(1) administer the program through the Recreation Therapy
Service of the Department of Veterans Affairs under the
direction of a certified recreational therapist with sufficient
administrative experience to oversee all pilot program sites;
(2) establish, for purposes of overseeing the training of
dogs at medical centers selected for the pilot program, a
director of service dog training with a background working in
social services, experience in teaching others to train service
dogs in a vocational setting, and at least one year of
experience working with veterans or active duty service members
with post-traumatic stress disorder in a clinical setting;
(3) ensure that each pilot program site has certified
service dog training instructors;
(4) ensure that in selecting assistance dogs for use in the
program, dogs residing in animal shelters or foster homes are
looked at as an option, if appropriate, and ensure that all
dogs used in the program have adequate temperament and health
clearances;
(5) ensure that each service dog in training participating
in the pilot program is taught all essential commands
pertaining to service dog skills;
(6) ensure that each service dog in training lives at the
pilot program site or a volunteer foster home in the vicinity
of such site while receiving training;
(7) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(8) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans
with disabilities.
(e) Veteran Eligibility.--A veteran with post-traumatic stress
disorder or other post-deployment mental health condition may volunteer
to participate in the pilot program under subsection (a) if the
Secretary determines that there are adequate program resources
available for such veteran at the pilot program site. Veterans may
participate in the pilot program in conjunction with the compensated
work therapy program of the Department of Veterans Affairs.
(f) Hiring Preference.--In hiring service dog training instructors
under the pilot program under subsection (a), the Secretary shall give
a preference to veterans who have successfully graduated from post-
traumatic stress disorder or other residential treatment programs and
who have received adequate certification in service dog training.
(g) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting
skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(h) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out by the
Secretary under the pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
(i) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who provides
the direct training of veterans with post-traumatic stress disorder and
other post-deployment issues in the art and science of service dog
training and handling. | Veterans Dog Training Therapy Act - Directs the Secretary of Veterans Affairs to carry out a pilot program for assessing the effectiveness of addressing post-deployment mental health and post-traumatic stress disorder symptoms through a therapeutic medium of service dog training and handling for veterans with disabilities. Requires such program to be carried out at Department of Veterans Affairs (VA) medical centers that can provide training areas for such purposes. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to carry out a pilot program on dog training therapy."} | 1,308 | 90 | 0.652207 | 1.638717 | 1.144798 | 4.402597 | 17.051948 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children First Act of 2002''.
SEC. 2. EXCLUSION OF CHILD CARE FROM DETERMINATION OF 5-YEAR LIMIT.
Section 408(a)(7) of the Social Security Act (42 U.S.C. 608(a)(7))
is amended by adding at the end the following:
``(H) Limitation on meaning of `assistance' for
families receiving child care.--For purposes of
subparagraph (A), any funds provided under this part
that are used to provide child care for a family during
a month under the State program funded under this part
shall not be considered assistance under the
program.''.
SEC. 3. INCREASE IN FUNDING FOR CHILD CARE.
(a) Increase in Funding.--Section 418(a)(3) of the Social Security
Act (42 U.S.C. 618(a)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting a semicolon; and
(3) by adding at the end the following:
``(G) $3,967,000,000 for fiscal year 2003;
``(H) $4,467,000,000 for fiscal year 2004;
``(I) $4,967,000,000 for fiscal year 2005;
``(J) $5,467,000,000 for fiscal year 2006; and
``(K) $5,967,000,000 for fiscal year 2007.''.
(b) Increase in Set Aside for Child Care Quality.--Section 658G of
the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858e) is amended by striking ``4 percent'' and inserting ``12
percent''.
SEC. 4. CLARIFICATION OF AUTHORITY OF STATES TO USE TANF FUNDS CARRIED
OVER FROM PRIOR YEARS TO PROVIDE TANF BENEFITS AND
SERVICES.
Section 404(e) of the Social Security Act (42 U.S.C. 604(e)) is
amended--
(1) in the subsection heading, by striking ``Assistance''
and inserting ``benefits or services''; and
(2) after the heading, by striking ``assistance'' and
inserting ``any benefit or service that may be provided''.
SEC. 5. APPLICABILITY OF STATE OR LOCAL HEALTH AND SAFETY STANDARDS TO
OTHER TANF CHILD CARE SPENDING.
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 of procedures to ensure that child care
providers comply with applicable state or local health and
safety standards.--A certification by the chief executive
officer of the State that procedures are in effect to ensure
that any child care provider in the State that provides
services for which assistance is provided under the State
program funded under this part complies with all applicable
State or local health and safety requirements as described in
section 658E(c)(2)(F) of the Child Care and Development Block
Grant Act of 1990.''.
SEC. 6. AVAILABILITY OF CHILD CARE FOR PARENTS REQUIRED TO WORK.
Section 407(e)(2) of the Social Security Act (42 U.S.C. 607(e)(2))
is amended--
(1) by inserting ``or other individual with custody'' after
``parent''; and
(2) by striking ``6'' and inserting ``13''.
SEC. 7. APPLICATION OF CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990 REPORTING RULES TO TANF FUNDS EXPENDED FOR CHILD
CARE.
(a) In General.--Section 411(a) of the Social Security Act (42
U.S.C. 611(a)) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6), the following:
``(7) Application of child care and development block grant
act of 1990 reporting rules to funds expended for child care.--
Any funds provided under this part that are expended for child
care, whether or not transferred to the Child Care and
Development Block Grant Act of 1990, shall be subject to the
individual and case data reporting requirements imposed under
that Act and need not be included in the report required by
paragraph (1) for a fiscal quarter.''.
(b) Conforming Amendment.--Section 411(a)(1)(A)(ix) of such Act (42
U.S.C. 611(a)(1)(A)(ix)) is amended by striking ``food stamps, or
subsidized child care, and if the latter 2,'' and inserting ``or food
stamps, and if the latter,''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on October 1, 2002, and
shall apply to payments under part A of title IV of the Social Security
Act for calendar quarters beginning on or after such date, without
regard to whether regulations to implement the amendments are
promulgated by such date.
(b) 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 the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature. | Children First Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of the Social Security Act (SSA) to: (1) exclude child care assistance from the determination of the five year limit on assistance under TANF; (2) increase funding for child care; and (3) require State TANF plans to include a certification of procedures to ensure that child care providers comply with applicable State or local health and safety standards.Raises from six years to 13 years the age of a child whose single custodial parent may refuse to engage in required work without incurring a reduction or termination of TANF under the State program.Subjects to the individual and case data reporting requirements of the Child Care and Development Block Grant Act of 1990 any TANF funds expended for child care, whether or not transferred to that Act, and exempts such funds from SSA reporting requirements.Amends the Child Care and Development Block Grant Act of 1990 to increase the set-aside for child care quality. | {"src": "billsum_train", "title": "A bill to amend part A of title IV to exclude child care from the determination of the 5-year limit on assistance under the temporary assistance to needy families program, and for other purposes."} | 1,441 | 222 | 0.551503 | 1.563918 | 0.735085 | 3.505208 | 6.088542 | 0.869792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Anti-Violence Empowerment
Act''.
TITLE I--SCHOOL SAFETY PROGRAMS
SEC. 101. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to provide grants to local
educational agencies to establish or enhance crisis intervention
programs, including the hiring of school counselors and to enhance
school safety programs for students, staff, and school facilities.
SEC. 102. GRANT AWARDS.
(a) Local Awards.--The Secretary shall award grants to local
educational agencies on a competitive basis.
(b) Grant Programs.--From the amounts appropriated under section
106, the Secretary shall reserve--
(1) 50 percent of such amount to award grants to local
educational agencies to hire school counselors; and
(2) 50 percent of such amount to award grants to local
educational agencies to enhance school safety programs for
students, staff, and school facilities.
(c) Priority.--Such awards shall be based on one or more of the
following factors:
(1) Quality of existing or proposed violence prevention
program.
(2) Greatest need for crisis intervention counseling
services.
(3) Documented financial need based on number of students
served under part A of title I of the Elementary and Secondary
Education Act of 1965.
(d) Equitable Distribution.--In awarding grants under this title,
the Secretary shall ensure, to the extent practicable, an equitable
geographic distribution among the regions of the United States and
among urban, suburban, and rural areas.
(e) Administrative Costs.--The Secretary may reserve not more than
1 percent from amounts appropriated under section 106 for
administrative costs.
(f) Eligibility.--A local educational agency that meets the
requirements of this title shall be eligible to receive a grant to hire
school counselors and a grant to enhance school safety programs for
students, staff, and school facilities.
SEC. 103. APPLICATIONS.
(a) In General.--Each local educational agency desiring a grant
under this title shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require.
(b) Contents.--Such application shall include a plan that contains
the following:
(1) In the case of a local educational agency applying for
a grant to enhance school safety programs--
(A) a description of any existing violence
prevention, safety, and crisis intervention programs;
(B) proposed changes to any such programs and a
description of any new programs; and
(C) documentation regarding financial need.
(2) In the case of a local educational agency applying for
a grant to hire school counselors--
(A) a description of the need for a crisis
intervention counseling program; and
(B) documentation regarding financial need.
SEC. 104. REPORTING.
Each local educational agency that receives a grant under this
title shall provide an annual report to the Secretary. In the case of a
local educational agency that receives a grant to enhance school safety
programs, such report shall describe how such agency used funds
provided under this title and include a description of new school
safety measures and changes implemented to existing violence
prevention, safety, and crisis intervention programs. In the case of a
local educational agency that receives a grant to hire school
counselors, such report shall describe how such agency used funds
provided under this title and include the number of school counselors
hired with such funds.
SEC. 105. DEFINITIONS.
For purposes of this title:
(1) The terms ``elementary school'', ``local educational
agency'', and ``secondary school'' have the same meanings given
the terms in section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801).
(2) The term ``school counselor'' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational
Programs or the equivalent.
(3) The term ``Secretary'' means the Secretary of
Education.
(4) the term ``school safety'' means the safety of
students, faculty, and school facilities from acts of violence.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$800,000,000 for each of fiscal years 2002 through 2006.
TITLE II--INCREASED COPS FUNDING
SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM.
Section 1001(a)(11) of part J of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended
by adding at the end the following:
``(C) In addition to amounts made available under subparagraph (A),
there are authorized to be appropriated to carry out part Q, to remain
available until expended, the total amount of $1,500,000,000 for fiscal
years 2002 through 2006, of which 50 percent shall be used for
cooperative partnerships between schools and State and local police
departments to provide for the use of police officers in schools.''.
SEC. 202. GRANT AUTHORITY.
Section 1701 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) in subsection (i), by striking the second sentence; and
(2) by striking subsection (k).
TITLE III--21ST CENTURY LEARNING
SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH.
Section 10907 of part I of title X of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8247) is amended by striking
``appropriated'' and all that follows before the period and inserting
the following: ``appropriated to carry out this part--
``(1) such sums as may be necessary for fiscal year 2001;
and
``(2) $950,000,000 for each of fiscal years 2002 through
2006''.
TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE
SEC. 401. MODEL PROGRAM.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Education, in consultation with the Attorney
General, shall develop a model violence prevention program to be made
available to local educational agencies.
SEC. 402. CLEARINGHOUSE.
The Secretary of Education shall establish and maintain a national
clearinghouse to provide technical assistance regarding the
establishment and operation of alternative violence prevention
programs. The national clearinghouse shall make information regarding
alternative violence prevention programs available to local educational
agencies. | School Anti-Violence Empowerment Act - Authorizes the Secretary of Education to award competitive grants to local educational agencies (LEAs) for: (1) crisis intervention programs, including school counselors; and (2) school safety programs for students, staff, and school facilities.Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through FY 2006 the authorization of appropriations for certain grant programs for Community Policing and "Cops on the Beat" (COPS program). Eliminates provisions for decreasing Federal matching funds and for terminating grant program authority (thus making the authority permanent).Amends the Elementary and Secondary Education Act of 1965 to extend the authorization of appropriations for after-school and life skills programs for at-risk youth.Directs the Secretary to: (1) develop a model violence prevention program for LEAs; and (2) establish and maintain a national clearinghouse to provide LEAs with information on alternative violence prevention programs, and technical assistance to establish and operate them. | {"src": "billsum_train", "title": "To develop programs that enhance school safety for our children."} | 1,569 | 217 | 0.559685 | 1.447822 | 0.764379 | 3.756757 | 7.616216 | 0.859459 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kate Mullany
National Historic Site Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings and purposes.
Sec. 4. Establishment of Kate Mullany National Historic Site.
Sec. 5. Acquisition of property.
Sec. 6. Administration of historic site.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``historic site'' means the Kate Mullany
National Historic Site established by section 4 of this Act.
(2) The term ``plan'' means the general management plan
developed pursuant to section 6(d).
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Kate Mullany House in Troy, New York, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark.
(2) The National Historic Landmark Theme Study on American
Labor History concluded that the Kate Mullany House appears to
meet the criteria of national significance, suitability, and
feasibility for inclusion in the National Park System.
(3) The city of Troy, New York--
(A) played an important role in the development of
the collar and cuff industry and the iron industry in
the 19th century, and in the development of early men's
and women's worker and cooperative organizations; and
(B) was the home of the first women's labor union,
led by Irish immigrant Kate Mullany.
(4) The city of Troy, New York, with 6 neighboring cities,
towns, and villages, entered into a cooperative arrangement to
create the Hudson-Mohawk Urban Cultural Park Commission to
manage their valuable historic resources and the area within
these municipalities has been designated by the State of New
York as a heritage area to represent industrial development and
labor themes in the State's development.
(5) This area, known as the Hudson-Mohawk Urban Cultural
Park or RiverSpark, has been a pioneer in the development of
partnership parks where intergovernmental and public and
private partnerships bring about the conservation of our
heritage and the attainment of goals for preservation,
education, recreation, and economic development.
(6) Establishment of the Kate Mullany National Historic
Site and cooperative efforts between the National Park Service
and the Hudson-Mohawk Urban Cultural Park Commission will
provide opportunities for the illustration and interpretation
of important themes of the heritage of the United States, and
will provide unique opportunities for education, public use, and
enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the nationally significant
home of Kate Mullany for the benefit, inspiration, and
education of the people of the United States; and
(2) to interpret the connection between immigration and the
industrialization of the Nation, including the history of Irish
immigration, women's history, and worker history.
SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE.
(a) Establishment.--There is established, as a unit of the National
Park System, the Kate Mullany National Historic Site in the State of
New York.
(b) Description.--The historic site shall consist of the home of
Kate Mullany, comprising approximately 0.05739 acre, located at 350
Eighth Street in Troy, New York, as generally depicted on the map
entitled __________ and dated ____________.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire lands and interests
therein within the boundaries of the historic site and ancillary real
property for parking or interpretation, as necessary and appropriate
for management of the historic site. Such acquisitions may be by
donation, purchase from willing sellers with donated or appropriated
funds, or exchange.
(b) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, the interpretation of the
historic site using the methods provided in subsection (a).
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and all laws generally applicable to units
of the National Park System, including the Act of August 25, 1916 (16
U.S.C. 1 et seq.; commonly known as the National Park Service Organic
Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly
known as the Historic Sites, Buildings, and Antiquities Act).
(b) Cooperative Agreements.--To further the purposes of this Act,
the Secretary may consult with and enter into cooperative agreements
with the State of New York and the Hudson-Mohawk Urban Cultural Park
Commission, and other public and private entities to facilitate public
understanding and enjoyment of the life and work of Kate Mullany
through the development, presentation, and funding of exhibits and
other appropriate activities related to the preservation,
interpretation, and use of the historic site and related historic
resources.
(c) Exhibits.--The Secretary may display, and accept for the
purposes of display, items associated with Kate Mullany, as may be
necessary for the interpretation of the historic site.
(d) General Management Plan.--Not later than 2 complete fiscal
years after the date of the enactment of this Act, the Secretary shall
develop a general management plan for the historic site. Upon its
completion, the Secretary shall submit the plan to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives. The plan shall include
recommendations for regional wayside exhibits, to be carried out
through cooperative agreements with the State of New York and other
public and private entities. The plan shall be prepared in accordance
with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.;
commonly known as the National Park System General Authorities Act). | Kate Mullany National Historic Site Act - Establishes the Kate Mullany National Historic Site in Troy, New York. | {"src": "billsum_train", "title": "To establish the Kate Mullany National Historic Site in the State of New York, and for other purposes."} | 1,338 | 26 | 0.571843 | 1.67682 | 0.226308 | 4.65 | 63.3 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is
amended--
(1) by striking ``and'' at the end of each clause;
(2) by striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon; and
(3) by adding at the end the following:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized Indian tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended--
(1) by striking the last sentence of the first section; and
(2) by striking section 2 and inserting the following:
``SEC. 2. RECOGNITION.
``(a) In General.--Federal recognition is extended to the Lumbee
Tribe of North Carolina. All laws and regulations of the United States
of general application to Indians and Indian tribes shall apply to the
Lumbee Tribe of North Carolina and its members.
``(b) Petition.--Notwithstanding the first section, any group of
Indians in Robeson and adjoining counties, North Carolina, whose
members are not enrolled in the Lumbee Tribe of North Carolina as
determined under section 3(c), may petition under part 83 of title 25,
Code of Federal Regulations (or any successor regulation) for
acknowledgment of tribal existence.
``SEC. 3. ELIGIBILITY FOR SERVICES AND BENEFITS.
``(a) In General.--
``(1) Services and benefits.--The Lumbee Tribe of North
Carolina and its members shall be eligible for all services and
benefits provided to Indians because of their status as members
of a federally recognized Indian tribe.
``(2) Residence on or near reservation.--For the purposes
of the delivery of such services, members of the Tribe residing
in Robeson, Cumberland, Hoke, and Scotland counties in North
Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Determination of Needs and Budget.--
``(1) In general.--On verification by the Secretary of the
Interior of a tribal roll under subsection (c), the Secretary
of the Interior and the Secretary of Health and Human Services
shall develop, in consultation with the Lumbee Tribe of North
Carolina, a determination of needs and budget to provide the
services to which members of the Tribe are eligible.
``(2) Inclusion in budget request.--The Secretary of the
Interior and the Secretary of Health and Human Services shall
each submit a written statement of those needs and a budget
with the first budget request submitted to Congress after the
fiscal year in which the tribal roll is verified.
``(c) Tribal Roll.--
``(1) In general.--For purposes of the delivery of Federal
services, the tribal roll in effect on the date of enactment of
this section shall, subject to verification by the Secretary of
the Interior, define the service population of the Tribe.
``(2) Verification.--The Secretary's verification shall be
limited to confirming compliance with the membership criteria
set out in the Tribe's constitution adopted on November 11,
2000, which verification shall be completed not less than 1
year after the date of enactment of this section.
``SEC. 4. FEE LAND.
``Fee land that the Tribe seeks to convey to the United States to
be held in trust shall be treated by the Secretary of the Interior as
on-reservation trust acquisitions under part 151 of title 25 Code of
Federal Regulations (or any successor regulation) if the land is
located within Robeson County, North Carolina.
``SEC. 5. STATE JURISDICTION.
``(a) In General.--The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on;
land located within the state of North Carolina that is owned by, or
held in trust by the United States for, the Lumbee Tribe of North
Carolina, or any dependent Indian community of the Lumbee Tribe of
North Carolina.
``(b) Transfer.--
``(1) In general.--The Secretary of the Interior may accept
on behalf of the United States, after consulting with the
Attorney General of the United States, any transfer by the
State of North Carolina to the United States of any portion of
the jurisdiction of the State of North Carolina described in
paragraph (1) under an agreement between the Lumbee Tribe and
the State of North Carolina.
``(2) Effective date.--A transfer of jurisdiction under
paragraph (1) shall not take effect until 2 years after the
effective date of the agreement.
``(c) Effect of Section.--This section shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act.''. | Lumbee Recognition Act - Amends federal law relating to the Lumbee Indians of North Carolina to extend federal recognition to the Lumbee Tribe of North Carolina.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the acknowledgment of the Lumbee Tribe of North Carolina, and for other purposes."} | 1,359 | 47 | 0.576018 | 1.334656 | 0.716284 | 2.354839 | 39.645161 | 0.806452 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alaska Floodplain
and Erosion Mitigation Commission Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION
COMMISSION FOR ALASKA
Sec. 101. Establishment of commission.
Sec. 102. Duties.
Sec. 103. Administration.
Sec. 104. Commission personnel matters.
Sec. 105. Reports.
Sec. 106. Termination of commission.
TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION
Sec. 201. Evaluation and prioritization.
Sec. 202. Flood and erosion control and mitigation.
Sec. 203. Mitigation.
Sec. 204. Administration.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
Sec. 301. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Joint
Federal-State Floodplain and Erosion Mitigation Commission for
Alaska established by section 101(a).
(2) Alaska native.--The term ``Alaska Native'' has the
meaning given the term in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602).
(3) Alaska native village.--The term ``Alaska Native
village'' has the meaning given the term in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Alaska.
TITLE I--JOINT FEDERAL-STATE FLOODPLAIN AND EROSION MITIGATION
COMMISSION FOR ALASKA
SEC. 101. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Joint Federal-State Floodplain and Erosion Mitigation
Commission for Alaska''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 7
members, of whom--
(A) 1 member shall be the Governor of the State,
who shall serve as Cochairperson;
(B) 3 members shall be appointed by the Governor of
the State, of whom--
(i) 1 member shall be a nonvoting ex
officio Alaska Native; and
(ii) at least 1 member shall represent city
or borough governments;
(C) 1 shall be appointed by the Secretary, shall be
an employee of the Department of the Interior, and
shall serve as Cochairperson;
(D) 1 member appointed by the Secretary of
Agriculture shall be an employee of the Natural
Resources Conservation Service of the Department of
Agriculture; and
(E) 1 member, appointed by the Secretary of
Defense, shall be an employee of--
(i) the Department of Defense; or
(ii) the Corps of Engineers.
(2) Date of appointments.--The appointment of a member of
the Commission shall be made not later than 90 days after the
date of enactment of this Act.
(c) Appointment; Vacancies.--
(1) Appointment.--A member of the Commission shall serve at
the pleasure of the appointing authority.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(e) Meetings.--Subject to section 102(a), the Commission shall meet
at the call of the Cochairpersons.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Concurrence of Cochairpersons.--A decision of the Commission
shall require the concurrence of the Cochairpersons.
(h) Principal Office.--The principal office of the Commission shall
be in the State of Alaska.
SEC. 102. DUTIES.
(a) Meetings.--For the first 2 years following the date of
enactment of this Act, the Commission shall meet not less than 2 times
per year.
(b) Study.--
(1) In general.--The Commission shall conduct a study of
all matters relating to--
(A) the feasibility of alternatives for flooding or
erosion assistance; and
(B) the development of a policy to guide
infrastructure investments in the Alaska Native
villages, cities, and boroughs that are most affected
by flooding or erosion.
(2) Matters to be studied.--The matters to be studied by
the Commission include--
(A) flood and erosion processes;
(B) the planning needs associated with flood and
erosion processes, including identifying and making
recommendations concerning--
(i) specific flood and erosion
circumstances that affect life and property in
the State;
(ii) land use regulations, including area
standards for designation of flood- and
erosion-prone land;
(iii) uses to be made of flood- and
erosion-prone land, and how State and Federal
grants, loans, and capital improvements shall
be invested in designated areas; and
(iv) how to regulate and implement the uses
described in clause (iii) on--
(I) land designated as an allotment
for Alaska Native people;
(II) land owned by an Alaska Native
village corporation or a regional
village corporation under the Alaska
Native Claims Settlement Act (Public
Law 92-203);
(III) land owned by the Federal or
State government;
(IV) city and borough land; and
(V) other private land; and
(C) the establishment of procedures to obtain the
view of the public on land use planning needs, such as
implementation and enforcement of flood and erosion
control and mitigation solutions, including--
(i) increased hydrologic and other
specialized data collection; and
(ii) public hearings.
(c) Evaluation.--Not later than 120 days after the date of
enactment of this Act and annually thereafter, the Commission shall
evaluate specific flood and erosion circumstances that affect life and
property in the State.
(d) Recommendations.--The Commission shall develop recommendations
on--
(1) the development and implementation of flood and erosion
control and mitigation solutions in villages and communities
identified by the Commission as being most in need of those
solutions;
(2) programs and budgets of Federal and State agencies
responsible for administrating Federal and State floodplain
management authorities;
(3) the establishment of State erosion management
responsibilities and authorities;
(4) changes in law, policies, and programs that the
Commission determines are necessary or desirable to provide an
integrated Federal-State erosion and flood management
authority;
(5) improving coordination and consultation between the
Federal and State governments in making resource allocation and
flood and erosion control and mitigation decisions;
(6) ways to avoid conflict between the State and Alaska
Native people in the allocation of resources;
(7) ensuring that higher priority is given to achieving
long-term sustainability of communities from debilitating flood
and erosion losses than to short-term project and
infrastructure development needs, if the flood and erosion
control and mitigation solution is publicly funded; and
(8) ensuring that the economic and social well-being of
Alaska Native people and other residents of the State is not
compromised by a risk of erosion or flood that could be avoided
through long-term planning.
SEC. 103. ADMINISTRATION.
(a) Advisers.--To assist the Commission in carrying out this Act,
the Commission shall establish a committee of technical advisers to the
Commission with expertise in--
(1) coastal engineering;
(2) the adverse impact of flood and erosion management;
(3) rural community planning in the State;
(4) how city and borough governments are affected by
erosion;
(5) the relationship between State and local governments
and Alaska Native villages; and
(6) any other interest that the Commission determines is
appropriate.
(b) Records.--
(1) In general.--The Commission shall maintain complete
records of the activities of the Commission.
(2) Public inspection.--Records maintained under paragraph
(1) shall be available for public inspection.
(c) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this title.
(d) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this title.
(2) Provision of information.--On request of a
Cochairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property to carry out the duties of the
Commission.
SEC. 104. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal or state employees.--A member of the Commission
who is an officer or employee of the Federal or State
government shall serve without compensation in addition to the
compensation received for the services of the member as an
officer or employee of the Federal or State Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Cochairpersons of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Cochairpersons of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Cochairpersons of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
SEC. 105. REPORTS.
(a) Interim Reports.--Not later than September 30 of each year, the
Commission shall submit to Congress, the Secretary, and the legislature
of the State--
(1) a report that describes the activities of the
Commission in the preceding calendar year; and
(2) a report that describes--
(A) any immediate need of the Commission; and
(B) any imminent threat action directive for the
coordinated response to erosion and flooding in the
case of an emergency.
(b) Final Report.--Not later than September 30, 2011, the
Commission shall submit to Congress, the Secretary, and the legislature
of the State a final report that describes--
(1) the activities and findings of the Commission; and
(2) the recommendations of the Commission for legislation
and administrative actions the Commission considers
appropriate.
SEC. 106. TERMINATION OF COMMISSION.
The Commission shall terminate on September 30, 2011.
TITLE II--FLOOD AND EROSION CONTROL AND MITIGATION
SEC. 201. EVALUATION AND PRIORITIZATION.
Not later than 120 days after the date of enactment of this Act and
annually thereafter, the Secretary, in consultation with the
Commission, shall evaluate and prioritize specific flood and erosion
circumstances that affect life and property in the State.
SEC. 202. FLOOD AND EROSION CONTROL AND MITIGATION.
(a) In General.--Not later than September 15, 2006, the Secretary,
in consultation with the Commission, shall examine the most cost-
effective ways of carrying out flood and erosion control and mitigation
solutions devised by the Commission for the 9 villages in the State
identified in the Government Accountability Office Report 04-142.
(b) Cost-Effective Technology.--The Secretary, in consultation with
the Commission, shall implement a solution described in subsection (a)
using the most cost-effective technology to protect life and property
in the State, including--
(1) movement of structures;
(2) nonstructural land management of erosion-prone areas;
and
(3) structural erosion control techniques.
(c) Grants to State and Local Governments.--For any fiscal year
after fiscal year 2006, the Secretary may implement a solution
described in subsection (a) through the State government or a local
government by making a grant to a government using the remainder of any
funds appropriated to the Secretary for appropriate flood and erosion
control and mitigation solutions.
(d) Factors.--In implementing a solution under this section, the
Secretary, in consultation with the Commission, shall consider--
(1) the design life of structural erosion control projects;
(2) the cost effectiveness of all erosion control projects;
and
(3) the availability of a revolving loan fund administered
by the State for relocation, elevation, and flood proofing of
flood- or erosion-prone structures.
(e) Federal Share.--The Federal share of the cost of carrying out a
project or activity under this section shall be 75 percent.
SEC. 203. MITIGATION.
(a) In General.--The Secretary, in consultation with the
Commission, may take any action necessary to mitigate the loss of
structures and infrastructure from flood and erosion using the most
cost effective means practicable to provide the longest-term benefit,
including--
(1) relocation;
(2) elevation;
(3) flood proofing; and
(4) land management alternatives.
SEC. 204. ADMINISTRATION.
(a) Consultation.--The Secretary shall--
(1) consult with the Commission and appropriate Federal and
State agencies; and
(2) provide oversight authority, responsibility, and
directives to agencies developing relocation and flood and
erosion control and mitigation plans.
(b) Valid Existing Rights.--This subsection does not limit any
right recognized under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) that is in existence at the time of the enactment
of this Act.
(c) Authority of the Secretary.--This title does not impair the
authority of the Secretary to make contracts and grant leases, permits,
rights-of-way, and easements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for each of
fiscal years 2006 through 2011 such sums as are necessary to carry out
this Act, to remain available until expended.
(b) Commission.--The Secretary may use not to exceed $250,000 of
the funds made available under subsection (a) for the expenses of the
Commission, including hiring any necessary staff. | Alaska Floodplain and Erosion Mitigation Commission Act of 2005 - Establishes the Joint Federal-State Floodplain and Erosion Mitigation Commission for Alaska to study all matters relating to: (1) the feasibility of alternatives for flooding or erosion assistance; and (2) the development of a policy to guide infrastructure investments in the Alaska Native villages, cities, and boroughs that are most affected by flooding or erosion.
Directs the Secretary of the Interior to: (1) evaluate and prioritize specific flood and erosion circumstances that affect life and property in Alaska; and (2) examine the most cost-effective ways of carrying out flood and erosion control and mitigation solutions devised by the Commission for nine villages in the State identified in a specified Government Accountability Office report. Authorizes the Secretary to implement a solution by making a grant to the State government or a local government using the remainder of funds appropriated for flood and erosion control and mitigation solutions. Delineates factors to be considered in implementing such a solution. Sets the Federal share of the cost at 75 percent. Authorizes the Secretary to take any action necessary to mitigate the loss of structures and infrastructure from flood and erosion using the most cost-effective means practicable to provide the longest-term benefit. | {"src": "billsum_train", "title": "A bill to establish a joint Federal-State Floodplain and Erosion Mitigation Commission for the State of Alaska."} | 3,668 | 264 | 0.629919 | 1.82374 | 0.774671 | 5.255319 | 14.2 | 0.957447 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Mexico Forest
Health and Fire Prevention Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. New Mexico Program of Forest Health and Fire Prevention.
Sec. 5. Forest Health and Fire Protection Fund.
Sec. 6. Authorization of Appropriations.
Sec. 7. Audit Requirements.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The management of National Forest System lands in the
State of New Mexico must become proactive instead of passive or
delayed. The best proactive management approach to prevent
catastrophic fires would be to utilize the talents of local
communities for the process of thinning the forests. At the
same time, local communities will create businesses through
developing value-added products from the harvested wood.
(2) Increases in both the number and severity of wildfires
are occurring as a result of high tree densities, species
composition and structure that are outside the historic range
of variability. Fire disturbances contribute to significant
soil erosion, degradation of air and water quality, loss of
watershed values, loss of wildlife habitat and damage to other
forest resources.
(3) Serious destruction or degradation of important forest
resources occurs in all regions of New Mexico. The health of
the land is directly related to the economic health of the
communities it surrounds. Management activities of forests
should be designed to incorporate local communities in the
management process.
(4) The National Forest System lands in New Mexico are at
an unacceptable risk of destruction by catastrophic wildfire.
The condition of these forests can pose a significant threat of
destruction to human life and property as well as to the
habitat of fish, and wildlife (including threatened and
endangered species), public recreation areas, timber, watershed
and other important forest resources.
(5) Restoration and protection of important forest
resources require active forest management involving rural
communities who will integrate environmentally compatible
harvesting techniques and develop businesses which are operated
at the local level and driven by market forces.
(6) Many units of the National Forest System in New Mexico
have an increasing backlog of unfunded projects to restore and
protect degraded forest resources. Adequate funding, structured
so as to maximize allocation of monies on-the-ground projects,
is needed to address this backlog in an efficient, cost-
effective way.
(7) A comprehensive, Statewide effort is needed to restore
and protect important forest resources in an organized,
community wide, timely and scientific manner. There should be
immediate action to improve National Forest System lands in New
Mexico where serious resource degradation has been thoroughly
identified and assessed or where serious resource destruction
or degradation by natural disturbance is imminent.
(8) Inventory and analysis of the status and trends in the
fire conditions of forests and their resources are needed to
identify and reverse the destruction or degradation of
important forest resources in a timely and effective manner.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Federal forest lands.--The term ``Federal forest
lands'' means National Forest System lands located within the
State of New Mexico.
(2) Community.--The term ``community'' means a rural
community located within the uplands of New Mexico, which is
surrounded by, or adjacent to, Federal forest lands.
(3) Fund.--The terms ``Forest Health and Fire Prevention
Fund'' and ``Fund'' mean the fund established under section 5.
(4) Implementation date.--The term ``implementation date''
means January 15, 2000, or the first day of the 19th full month
following the date of the enactment of this Act, whichever is
later. However, if the implementation date under the second
option would occur within six months of the next January 15,
the Secretary may designate that January 15 as the
implementation date.
(5) Land management plan.--The term ``land management
plan'' means a land and resource management plan prepared by
the Forest Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604) for Federal forest lands under the jurisdiction of the
Secretary of Agriculture.
(6) New mexico program.--The term ``New Mexico Program''
means the program to restore and protect forest resources
located on Federal forest lands within New Mexico required by
section 4.
(7) Overhead expenses.--The terms ``overhead expenses'' and
``overhead'' mean the following:
(A) Common services and indirect expenses, as such
terms are defined by expense items 1-10 in Appendix E
of the United States Forest Service Forest Timber Cost
Efficiency Study Final Report, dated April 16, 1993
(pages 125-126).
(B) Direct and indirect general administration
expenses, as such terms are identified in Appendix D of
the United States Forest Service Management Program
Annual Report.
(C) Any other cost of line management or program
support that cannot be directly attributable to
specific projects or programs.
(8) Recovery area.--The term ``recovery area'' means an
area of Federal forest lands identified by the District 3
Regional Forester under section 4(c)--
(A) that has experienced small stand timber and
woody tree encroachment which will contribute
significantly to disturbances from wildfire; or
(B) in which the forest structure, function, or
composition has been altered so as to increase
substantially the likelihood of wildfire in the area
and the consequent risks of damage to soils, water
quality, watershed values, habitat and other forest
resources from wildfire.
(9) Recovery project.--The term ``recovery project'' means
a project designed by the District 3 Regional Forester to allow
communities to restore, or protect forest resources within an
identified recovery area, including thinning, salvage,
prescribed fire (after appropriate thinning), sanitation and
other insect and disease control, riparian and other habitat
improvement, soil stabilization and other water quality
improvement and protection.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. NEW MEXICO PROGRAM OF FOREST HEALTH AND FIRE PREVENTION.
(a) New Mexico Program Required.--Not later than the implementation
date, the District 3 Regional Forester shall commence a statewide
program to restore and protect forest resources located on Federal
forest lands within New Mexico through the performance of recovery
projects in identified recovery areas.
(b) Initial Implementation.--
(1) Initial project.--Not later than the implementation
date, the initial project under the New Mexico Program shall be
the thinning of Monument Canyon Research Natural Area located
near Jemez Springs, New Mexico, on the Santa Fe National
Forest, because this research area is representative of the
open Ponderosa Pine Forests typical of New Mexico. This
formally established research area exemplifies the situation
and research stated in the findings specified in section 2. The
research implementation will require treatments to reduce small
diameter trees. Monitoring of the treatments will be designed
by an assembled group of leading research scientists in the
southwest.
(2) Initial standards and guidelines.--The research
scientists located at the Monument Canyon Research Natural Area
will provide the initial project standards and guidelines.
(3) Monitoring.--Continued monitoring and information
transfer with the Monument Canyon Research Natural Area
scientists will provide the basis for modification of standards
and criteria for use with regard to other recovery projects.
(c) Identification of Recovery Areas.--
(1) Allocation of funds; identification and ranking of
recovery areas.--For each fiscal year during the New Mexico
Program, the Secretary shall allocate, in accordance with the
standards and criteria established and in effect for the New
Mexico Program, amounts from the Forest Health and Fire
Prevention Fund to Region 3 of the Forest Service for the
purpose of conducting recovery projects in identified recovery
areas. In making such allocations, the District 3 Regional
Forester shall--
(A) identify recovery areas within which allocated
amounts should be used to conduct recovery projects;
and
(B) prioritize recovery areas for the purpose of
their receiving allocated amounts.
(2) Authorized use of funds for 5-year project.--Amounts
allocated by the Secretary pursuant to paragraph (1) shall be
available, without further allocation by the Secretary, to
carry out and administer a 5-year recovery project.
(d) Selection of Recovery Projects.--
(1) Selection and final decision required.--The District 3
Regional Forester (or the designees of the regional forester)
shall select and render a final decision on the recovery
projects to be carried out within each identified recovery
area.
(2) Prohibited project locations.--The District 3 Regional
Forester (or the designees of the regional forester) shall not
select or implement a recovery project under the authority of
this Act in any of the following:
(A) Any unit of the National Wilderness
Preservation System or any roadless area on Federal
forest lands designated by Congress before the date of
the enactment of this Act for study for possible
inclusion in such system.
(B) Any riparian area, late successional reserve,
or old growth area, designated before the date of the
enactment of this Act by the applicable land management
plan, within which the implementation of recovery
projects is prohibited.
(C) Any other area, designated before the date of
the enactment of this Act by the applicable land
management plan, in which the implementation of
recovery projects is prohibited by law, a court order,
or the applicable land management plan.
(e) Requirements For Recovery Project Selection.--In selecting
recovery projects as required under subsection (d), the District 3
Regional Forester (or the designees of the regional forester) in New
Mexico shall--
(1) identify for each recovery project the total acreage
requiring treatment, the estimated cost of preparation and
implementation and the estimated project duration;
(2) ensure that the total acreage in a recovery area is not
less than the total acreage identified by the Secretary for
that recovery area;
(3) consider and make paramount the economic benefits to be
provided to local communities as a result of recovery project;
(4) ensure that each recovery project is consistent with
the land management plan, which may be modified as necessary,
applicable to the recovery area within which the recovery
project will be conducted; and
(5) ensure that each recovery project is designed to be
implemented in the most cost-effective manner reasonable to
ensure benefits to communities and successful forest recovery.
SEC. 5. FOREST HEALTH AND FIRE PREVENTION FUND.
(a) Establishment.--There is established on the books of the
Treasury a fund to be known as the ``Forest Health and Fire Prevention
Fund''. The Chief of the Forest Service shall be responsible for
administering the Fund.
(b) Credits to Fund.--There shall be credited to the fund the
following:
(1) Amounts authorized for and appropriated to the Fund.
(2) Unobligated amounts in the roads and trails fund
provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501) as of the date of the enactment of this Act, and
all amounts which would otherwise be deposited in such fund
after such date.
(3) The Federal share of revenues generated by recovery
projects undertaken pursuant to the New Mexico Program.
(c) Use of Fund.--During the time period specified under the Act,
amounts in the Fund shall be available to the District 3 Regional
Forester, without further appropriation, to carry out the New Mexico
program and to plan, carry out, and administer recovery projects.
(d) Limitation on Overhead Expenses.--The Secretary shall not
allocate or assign overhead expenses to the Fund or to any of the
activities or programs authorized by the Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated $12,000,000 to carry out the provisions of the Act for the
fiscal year in which this Act is enacted and each fiscal year
thereafter through September 30, 2005, or September 30 of the 5th full
fiscal year following the implementation date, whichever is later.
(b) Deposit in Fund.--All sums appropriated pursuant to this
section shall be deposited in the Forest Health and Fire Prevention
Fund.
(c) Effect on Existing Projects.--Any contract regarding a recovery
project entered into before the end of the fiscal year specified in
subsection (a), and still in effect at the end of such fiscal year,
shall remain in effect until completed pursuant to the terms of the
contract.
SEC. 7. AUDIT REQUIREMENTS.
(a) New Mexico Program Audit.--The Comptroller General shall
conduct an audit of the New Mexico program at the end of the fourth
full fiscal year following the implementation date.
(b) Elements of Audit.--The audit under subsection (a) shall
include an analysis of at least the following:
(1) Whether the initial recovery project conducted under
section 4(b), the New Mexico Program, and the administration of
the Forest Health and Fire Prevention Fund were carried out in
a manner consistent with the provisions of this Act.
(2) The current and projected future financial status of
the Forest Health and Fire Prevention Fund.
(3) Any cost savings or efficiencies achieved under the New
Mexico Program. | New Mexico Forest Health and Fire Prevention of 1998 - Directs the District 3 Regional Forester of the State of New Mexico to commence a statewide program to restore and protect forest resources located on Federal forest lands within New Mexico through the performance of recovery projects in identified recovery areas.
Requires: (1) the initial project under such program to be the thinning of Monument Canyon Research Natural Area located near Jemez Springs, New Mexico, on the Santa Fe National Forest; and (2) the research scientists located at such Area to provide the initial project standards and guidelines.
Directs the Secretary of Agriculture, for each fiscal year of the New Mexico program, to allocate amounts from the Forest Health and Fire Prevention Fund (to be established under this Act) to Region 3 of the Forest Service for the purpose of conducting five-year recovery projects in identified recovery areas. Requires the District 3 Regional Forester to: (1) identify recovery areas within which allocated amounts should be used to conduct such projects; (2) prioritize such areas for the purpose of their receiving allocated amounts; and (3) select, in accordance with specified requirements, projects to be carried out within each area. Prohibits the selection or implementation of a project in specified locations, including units of the National Wilderness Preservation System.
Credits to the Fund: (1) authorized and appropriated amounts; (2) unobligated amounts in, or that would otherwise be deposited in, the roads and trails fund; and (3) the Federal share of revenues generated by recovery projects undertaken pursuant to the Program.
Authorizes appropriations.
Directs the Comptroller General to conduct a specified audit of the program at the end of the fourth full fiscal year following the implementation date. | {"src": "billsum_train", "title": "New Mexico Forest Health and Fire Prevention Act of 1998"} | 2,898 | 356 | 0.54804 | 1.687275 | 0.75683 | 4.8 | 8.182353 | 0.958824 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``GEAR UP & GO
Act''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. CONTINUUM OF SERVICES.
(a) Awards.--Section 404A(b)(2)(B) (20 U.S.C. 1070a-21(b)(2)(B)) is
amended by inserting after ``through the completion of secondary
school'' the following: ``or through the first year of attendance at a
postsecondary education institution''.
(b) Cohort Approach.--Section 404B(g)(1)(B) (20 U.S.C. 1070a-
22(g)(1)(B)) is amended by inserting after ``through the 12th grade''
the following ``or through the first year of attendance at a
postsecondary education institution to students in the participating
grade level''.
(c) Early Intervention.--
(1) Uses of funds.--Section 404D(b)(2) (20 U.S.C. 1070a-
24(b)(2)) is amended by inserting after ``through grade 12''
the following: ``or through the first year of attendance at a
postsecondary education institution''.
(2) Priority students.--Section 404D(c) is amended by
inserting after ``through grade 12'' the following ``or through
the first year of attendance at a postsecondary education
institution''.
SEC. 3. CONTINUING ELIGIBILITY.
Section 404A (20 U.S.C. 1070a-21) is amended by adding at the end
the following new subsection:
``(d) Continuing Eligibility.--An eligible entity shall not cease
to be an eligible entity upon the expiration of any grant under this
chapter (including a continuation award). The Secretary shall require
any such entity seeking a new grant to demonstrate the effectiveness of
the prior programs under this chapter in its plan submitted under
section 404C.''.
SEC. 4. FINANCIAL EDUCATION AND COUNSELING.
Section 404D (20 U.S.C. 1070a-24) is amended--
(1) in subsection (a)(1)(B)(i), by inserting before the
semicolon at the end the following: ``, and counseling and
education regarding financial cost requirements for college'';
and
(2) in subsection (b)(2)(A)(ii), by striking ``career
mentoring'' inserting ``career planning and mentoring, academic
counseling, and financial literacy, education, or counseling
pertaining to the process of going to college''.
SEC. 5. SCHOLARSHIP COMPONENT.
Section 404E(b)(2) (20 U.S.C. 1070a-25(b)(2)) is amended by
inserting after ``section 401 for such fiscal year'' the following ``,
or $5,800, whichever is less''.
SEC. 6. DUAL/CONCURRENT ENROLLMENT.
(a) Amendment.--Chapter 2 of part A of title IV is amended--
(1) by redesignating section 404G and 404H (20 U.S.C.
1070a-27) as sections 404H and 404I, respectively; and
(2) by inserting after section 404F the following:
``SEC. 404G. DUAL/CONCURRENT ENROLLMENT.
``(a) Program Authority.--The Secretary is authorized to carry out
a program to be known as `GEAR UP & GO', to provide growing
opportunities for dual/concurrent enrollment, which shall be designed
to provide low-income high school students participating in GEAR UP
partnerships or State programs the opportunity to enroll in college
courses while still enrolled in high school. In such program, students
shall not be required to apply for admission to the institution of
higher education in order to participate, and may receive college
credit.
``(b) Student Eligibility.--For the purpose of this chapter, a
student shall be eligible if the student is--
``(1) is enrolled in GEAR UP partnerships or State
programs;
``(2) is enrolled 10th, 11th, or 12th grade; and
``(3) has demonstrated academic readiness for college
courses as determined by the applying entity.
``(c) Permissible Services.--An entity receiving funding under this
chapter may provide services such as--
``(1) the offering of core nonremedial college courses as
determined by the postsecondary institution in which
participating students--
``(A) receive instruction from a postsecondary
institution faculty member at the secondary site;
``(B) take courses from a postsecondary institution
faculty member on-site at the postsecondary
institution;
``(C) receive college level instruction from high
school faculty who hold the same credentials as
postsecondary faculty; and
``(D) enroll in an early college high school in
which students may earn college credit through a
coherent course of study leading to a postsecondary
degree.
``(2) assistance with the selection of core nonremedial
college courses by students;
``(3) tutorial services pertaining to the core nonremedial
college courses in which students are enrolled; and
``(4) purchasing books, supplies, and transportation.
``(d) Requirements for Approval of Applications.--In approving
applications for GEAR UP & GO under this chapter for any fiscal year,
the Secretary shall--
``(1) award funds under this program on an annual basis and
determine the average award;
``(2) take into consideration whether participating
students in a dual/concurrent enrollment program will receive
college credit;
``(3) require an assurance that an entity applying for
funding under this chapter meet the requirements of section
404A(c); and
``(4) not approve a plan unless such a plan--
``(A) details the criteria used for determining
student academic readiness or qualifications for
participation in the dual/concurrent enrollment
program; and
``(B) specifies the methods by which funds will be
spent for carrying out the program.
``(e) Authorization of Appropriations.--In addition to the sums
authorized by section 404I, there are authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2005 and such sums
necessary for each of the 5 succeeding years.''.
(b) Conforming Amendments.--Chapter 2 of part A of title IV is
further amended by striking ``section 404H'' each place it appears and
inserting ``section 404I''.
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSISTANCE.
Section 404H (20 U.S.C. 1070a-27), as redesignated by section 5(1)
of this Act, is amended by adding at the end the following new
subsection:
``(e) Technical Assistance.--In order to assist current grantees in
strengthening partnerships, leveraging resources, and sustaining
programs, the Secretary shall award not more than 0.75 percent of the
funds appropriated under section 404I for a fiscal year to the national
education organization that has served as technical assistance provider
for this program.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 404I (20 U.S.C. 1070a-28), as redesignated by section 5(1)
of this Act, is amended to read as follows:
``SEC. 404I. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$500,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''. | GEAR UP & GO Act - Amends the Higher Education Act of 1965 to revise specified requirements for Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) to facilitate the transition of low-income high school students into postsecondary education.
Authorizes the Secretary of Education to carry out a GEAR UP & GO program to provide low-income high school students participating in GEAR UP partnerships or State programs opportunities for dual/concurrent enrollment in college courses while still enrolled in high school. Provides that students in such program: (1) shall not be required to apply for admission to the institution of higher education; and (2) may receive college credit. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 by strengthening and expanding the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) in order to facilitate the transition of low-income high school students into post-secondary education."} | 1,829 | 151 | 0.455861 | 1.223837 | 0.685317 | 4.603175 | 11.873016 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Three Kids Mine Remediation and
Reclamation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Hazardous substance; pollutant or contaminant; release;
remedy; response.--The terms ``hazardous substance'',
``pollutant or contaminant'', ``release'', ``remedy'', and
``response'' have the meanings respectively set forth for those
terms in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(2) Henderson redevelopment agency.--The term ``Henderson
Redevelopment Agency'' means the public body, corporate and
politic, known as the redevelopment agency of the City of
Henderson, Nevada, established and authorized to transact
business and exercise its powers in accordance with the Nevada
Community Redevelopment Law (Nev. Rev. Stat. 279.382 to
279.685, inclusive).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Nevada.
(5) Three kids mine federal land.--The term ``Three Kids
Mine Federal Land'' means the parcel or parcels of Federal land
consisting of approximately 948 acres in sections 26, 34, 35,
and 36, Township 21 South, Range 63 East, Mount Diablo
Meridian, Nevada, as depicted on the map entitled ``Three Kids
Mine Project Area'' and dated February 6, 2012.
(6) Three kids mine project site.--The term ``Three Kids
Mine Project Site'' means the Three Kids Mine Federal Land and
the adjacent approximately 314 acres of non-Federal land,
together comprising approximately 1,262 acres, as depicted on
the map entitled ``Three Kids Mine Project Area'' and dated
February 6, 2012.
SEC. 3. LAND CONVEYANCE.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and any other provision of law, as soon as practicable after
fulfillment of the conditions in subsection (b), and subject to valid
existing rights, the Secretary shall convey to the Henderson
Redevelopment Agency all right, title, and interest of the United
States in the Three Kids Mine Federal Land.
(b) Conditions.--
(1) Determination of fair market value.--The Secretary
shall administratively adjust the fair market value of the
Three Kids Mine Federal Land as determined pursuant to
paragraph (2) by deducting from the fair market value of the
Three Kids Mine Federal Land the reasonable approximate
assessment, remediation and reclamation costs for the Three
Kids Mine Project Area as determined pursuant to paragraph (3).
The Secretary shall begin the appraisal and cost determination
under paragraphs (2) and (3), respectively, not later than 30
days after the date of the enactment of this Act.
(2) Appraisal.--The Secretary shall determine the fair
market value of the Three Kids Mine Federal Land based on an
appraisal without regard to any existing contamination
associated with historical mining or other uses on the property
and in accordance with nationally recognized appraisal
standards including the Uniform Appraisal Standards for Federal
Land Acquisitions and the Uniform Standards of Professional
Appraisal Practice. The Henderson Redevelopment Agency shall
reimburse the Secretary for costs incurred in performing the
appraisal.
(3) Remediation and reclamation costs.--The Secretary shall
prepare a reasonable approximate estimation of the costs to
assess, remediate, and reclaim the Three Kids Mine Project
Site. This estimation shall be based upon the results of a
comprehensive Phase II environmental site assessment of the
Three Kids Mine Project Site prepared by the Henderson
Redevelopment Agency or its designee that has been approved by
the State, and shall be prepared in accordance with the current
version of ASTM International Standard E-2137-06 entitled
``Standard Guide for Estimating Monetary Costs and Liabilities
for Environmental Matters''. The Phase II environmental site
assessment shall, without limiting any additional requirements
that may be required by the State, be conducted in accordance
with the procedures of the current versions of ASTM
International Standard E-1527-05 entitled ``Standard Practice
for Environmental Site Assessments: Phase I Environmental Site
Assessment Process'' and ASTM International Standard E-1903-11
entitled ``Standard Practice for Environmental Site
Assessments: Phase II Environmental Site Assessment Process''.
The Secretary shall review and consider cost information
proffered by the Henderson Redevelopment Agency and the State.
In the event of a disagreement among the Secretary, Henderson
Redevelopment Agency, and the State over the reasonable
approximate estimate of costs, the parties shall jointly select
one or more experts to advise the Secretary in making the final
determination of such costs.
(4) Consideration.--The Henderson Redevelopment Agency
shall pay the fair market value, if any, as determined under
this subsection.
(5) Mine remediation and reclamation agreement executed.--
The Secretary receives from the State notification, in writing,
that the Mine Remediation and Reclamation Agreement has been
executed. The Mine Remediation and Reclamation Agreement shall
be an enforceable consent order or agreement administered by
the State that--
(A) obligates a party to perform, after the
conveyance of the Three Kids Mine Federal Land under
this Act, the remediation and reclamation work at the
Three Kids Mine Project Site necessary to complete a
permanent and appropriately protective remedy to
existing environmental contamination and hazardous
conditions; and
(B) contains provisions determined to be necessary
by the State, including financial assurance provisions
to ensure the completion of such remedy.
(6) Notification.--The Secretary receives from the
Henderson Redevelopment Agency notification, in writing, that
the Henderson Redevelopment Agency is prepared to accept
conveyance of the Three Kids Mine Federal Land under this Act.
Such notification must occur not later than 90 days after
execution of the Mine Remediation and Reclamation Agreement
referred to in paragraph (5).
SEC. 4. WITHDRAWAL.
(a) In General.--Subject to valid existing rights, for the 10-year
period following the date of the enactment of this Act or on the date
of the conveyance required by this Act, whichever is earlier, the Three
Kids Mine Federal Land is withdrawn from all forms of--
(1) entry, appropriation, operation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and the geothermal leasing laws.
(b) Existing Reclamation Withdrawals.--Subject to valid existing
rights, any withdrawal of public land for reclamation project purposes
that includes all or any portion of the Three Kids Mine Federal Land
for which the Bureau of Reclamation has determined that it has no
further need under applicable law is hereby relinquished and revoked
solely to the extent necessary to exclude from the withdrawal the land
no longer needed and to allow for the immediate conveyance of the Three
Kids Mine Federal Land as required under this Act.
(c) Existing Reclamation Project and Permitted Facilities.--Without
limiting the general applicability of section 3(a), nothing in this Act
shall diminish, hinder, or interfere with the exclusive and perpetual
use by existing rights holders for the operation, maintenance, and
improvement of water conveyance infrastructure and facilities,
including all necessary ingress and egress, situated on the Three Kids
Mine Federal Land that were constructed or permitted by the Bureau of
Reclamation prior to the effective date of this Act.
SEC. 5. ACEC BOUNDARY ADJUSTMENT.
Notwithstanding section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1717), the boundary of the River
Mountains Area of Critical Environmental Concern (NVN 76884) is hereby
adjusted consistent with the map entitled ``Three Kids Mine Project
Area'' and dated February 6, 2012.
SEC. 6. RELEASE OF THE UNITED STATES.
Upon making the conveyance under section 3, notwithstanding any
other provision of law, the United States is released from any and all
liabilities or claims of any kind or nature arising from the presence,
release, or threat of release of any hazardous substance, pollutant,
contaminant, petroleum product (or derivative of a petroleum product of
any kind), solid waste, mine materials or mining related features
(including tailings, overburden, waste rock, mill remnants, pits, or
other hazards resulting from the presence of mining related features)
at the Three Kids Mine Project Site in existence on or before the date
of the conveyance.
SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT.
Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901
note; Public Law 105-263) shall not apply to land conveyed under this
Act.
Passed the House of Representatives June 5, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Federal Land (the parcel or parcels of federal land consisting of approximately 948 specified acres, as depicted on the map entitled "Three Kids Mine Project Area").
Directs the Secretary to administratively adjust the fair market value of the Three Kids Mine Federal Land by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation, and reclamation costs for the Three Kids Mine Project Area.
Directs the Secretary to determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs.
Directs the Secretary to prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site (the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-federal land, together comprising approximately 1,262 acres, as depicted on the map entitled "Three Kids Mine Project Area").
Requires the Henderson Redevelopment Agency to pay the fair market value, if any for the Three Kids Mine Federal Land.
Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state.
Requires the Henderson Redevelopment Agency to notify the Secretary in writing that is prepared to accept conveyance of the Three Kids Mine Federal Land.
(Sec. 4) Withdraws the Three Kids Mine Federal Land, for a 10-year period, following enactment, or on the date of conveyance, from: (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws.
Relinquishes and revokes, subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land.
Prohibits anything in this Act from diminishing, hindering, or interfering with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act.
(Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern.
(Sec. 6) Releases the United States, upon making the conveyance, from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product, solid waste, or mining related materials at the Three Kids Mine Project Site.
(Sec. 7) Makes the provisions of the Southern Nevada Public Land Management Act of 1998 non-applicable to land conveyed under this Act. | {"src": "billsum_train", "title": "To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes."} | 2,002 | 729 | 0.659598 | 2.466718 | 0.644333 | 6.586751 | 2.828076 | 0.955836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Assistance Loan Act of
2018''.
SEC. 2. AVAILABILITY OF NONRECOURSE CONSERVATION ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Nonrecourse Loans Available.--
(1) In general.--For each of the 2018 through 2022 crops of
each loan commodity, the Secretary shall make available to
qualified producers on a farm nonrecourse conservation
assistance loans for loan commodities produced on the farm.
(2) Qualified producer.--In this section, the term
``qualified producer'' means a producer eligible for a
nonrecourse marketing loan under section 1201 of the
Agricultural Act of 2014 (7 U.S.C. 9031) that agrees to not
apply for such loan for each of the 2018 through 2022 crops
described in paragraph (1).
(b) Eligible Production.--The producers on a farm shall be
eligible for a conservation assistance loan under subsection (a) for
any quantity of a loan commodity produced on the farm.
(c) Loan Rates for Nonrecourse Conservation Assistance Loans.--
(1) In general.--Subject to paragraph (2), for purposes of
each of the 2018 through 2022 crop years, the loan rate for a
conservation assistance loan under this section for a loan
commodity shall be--
(A) for beginning farmers and ranchers (as
determined by the Secretary), 75 percent of the
national average price received by producers during the
12-month marketing year for the loan commodity for the
most recent 5 crop years, excluding--
(i) the crop year with the highest price;
and
(ii) the crop year with the lowest price;
and
(B) for producers not described in paragraph (1),
60 percent of the national average price received by
producers during the 12-month marketing year for the
loan commodity for the most recent 5 crop years,
excluding--
(i) the crop year with the highest price;
and
(ii) the crop year with the lowest price.
(2) Special rule for cover crops.--In the case of a
producer who agrees to plant a cover crop on acres associated
with the loan commodity, the applicable loan rate under
paragraph (1) shall be increased by an amount equal to $0.20
per bushel.
(d) Terms of Loans.--
(1) In general.--In the case of each loan commodity, a
conservation loan under this section shall have a term of 9
months beginning on the first day of the first month after the
month in which the loan is made.
(2) Extensions prohibited.--The Secretary may not extend
the term of a conservation assistance loan for any loan
commodity.
(e) Repayment of Loans.--
(1) In general.--The Secretary shall permit the producers
on a farm to repay a conservation assistance loan under this
section for a loan commodity at a rate that is the lesser of
the following:
(A) The loan rate established under subsection (c).
(B) A rate that is equal to the expected market
price for the loan commodity as calculated for crop
insurance, as determined by the Secretary.
(C) Such other rate the Secretary determines will
avoid or minimize potential loan forfeitures.
(2) Adjustments.--The Secretary shall make all adjustments
that the Secretary determines necessary to--
(A) avoid forfeiture or the accumulation of stocks
of the commodities placed under a loan under this
section;
(B) minimize the costs incurred by the Federal
Government;
(C) allow the commodity produced to be marketed
freely and competitively, both domestically and
internationally;
(D) minimize discrepancies in conservation loan
benefits across State boundaries and across country
boundaries; and
(E) in the case of a producer who is prevented from
planting a commercial crop due to weather or other
natural events that interfered with cover crop
determined (as determined by the Secretary), the
Secretary may forgive the portion of the loan
calculated under subsection (c)(2).
(f) Compliance Requirements.--As a condition of the receipt of a
conservation assistance loan under this section, the producer shall
during the crop year of the loan--
(1) comply with applicable conservation requirements under
subtitle B of title XII of the Food Security Act of 1985 (16
U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of that Act (16
U.S.C. 3821 et seq.);
(2) agree to use a reduced tillage method and nutrient
management practices (as determined by the Secretary to be
appropriate for soil health management) for the acres
associated with the commodity covered by the loan; and
(3) in the case of a loan calculated under subsection
(c)(2), agree to plant a cover crop on the acres associated
with the loan commodity, as determined by the Secretary to be
appropriate.
(g) Farm Service Agency Report.--The Administrator of the Farm
Service Agency shall submit an annual report to the Secretary that
includes the information with respect to the compliance requirements
specified in paragraphs (1) and (2) of subsection (f) relating to each
conservation assistance loan under this section that was fully repaid
in the preceding fiscal year. | Conservation Assistance Loan Act of 2018 This bill establishes a Department of Agriculture (USDA) nonrecourse conservation assistance loan program. Under the program, farmers who receive loans must meet certain conservation requirements, including: (1) complying with applicable conservation and wetland protection requirements under the Food Security Act of 1985, (2) using a reduced tillage method and nutrient management practices, and (3) planting a cover crop. (Under a nonrecourse loan, a farmer pledges a commodity as collateral and may deliver the pledged collateral to USDA to repay the loan.) | {"src": "billsum_train", "title": "Conservation Assistance Loan Act of 2018"} | 1,132 | 125 | 0.547275 | 1.402264 | 0.583877 | 2.046296 | 9.805556 | 0.805556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Networking Online Protection
Act''.
SEC. 2. EMPLOYER ACCESS TO PERSONAL ACCOUNTS ON SOCIAL NETWORKING
WEBSITES.
(a) Conduct Prohibited.--It shall be unlawful for any employer--
(1) to require or request that an employee or applicant for
employment provide the employer with a user name, password, or
any other means for accessing a private email account of the
employee or applicant or the personal account of the employee
or applicant on any social networking website; or
(2) to discharge, discipline, discriminate against in any
manner, or deny employment or promotion to, or threaten to take
any such action against, any employee or applicant for
employment because--
(A) the employee or applicant for employment
refuses or declines to provide a user name, password,
or other means for accessing a private email account of
the employee or applicant or the personal account of
the employee or applicant on any social networking
website; or
(B) such employee or applicant for employment has
filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act
or has testified or is about to testify in any such
proceeding.
(b) Enforcement.--
(1) Civil penalties.--
(A) In general.--Subject to paragraph (2), any
employer who violates any provision of this Act may be
assessed a civil penalty of not more than $10,000.
(B) Determination of amount.--In determining the
amount of any penalty under paragraph (1), the
Secretary of Labor shall take into account the previous
record of the person in terms of compliance with this
Act and the gravity of the violation.
(C) Collection.--Any civil penalty assessed under
this subsection shall be collected in the same manner
as is required by subsections (b) through (e) of
section 503 of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1853) with respect to
civil penalties assessed under subsection (a) of such
section.
(2) Injunctive actions by the secretary of labor.--The
Secretary of Labor may bring an action under this section to
restrain violations of this Act. In any action brought under
this section, the district courts of the United States shall
have jurisdiction, for cause shown, to issue temporary or
permanent restraining orders and injunctions to require
compliance with this Act, including such legal or equitable
relief incident thereto as may be appropriate, including,
employment, reinstatement, promotion, and the payment of lost
wages and benefits.
SEC. 3. INSTITUTION OF HIGHER EDUCATION ACCESS TO PERSONAL ACCOUNTS ON
SOCIAL NETWORKING WEBSITES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1095(a)) is amended by adding at the end the following:
``(30)(A) The institution will not--
``(i) require or request that a student or
potential student provide the institution with
a user name, password, or any other means for
accessing a private email account of the
student or potential student or the personal
account of the student or potential student on
any social networking website; or
``(ii) discharge, discipline, discriminate
against in any manner, or deny admission to,
suspend, or expel, or threaten to take any such
action against, any student or potential
student because--
``(I) the student or potential
student refuses or declines to provide
a user name, password, or other means
for accessing a private email account
of the student or potential student or
the personal account of the student or
potential student on any social
networking website; or
``(II) such student or potential
student has filed any complaint or
instituted or caused to be instituted
any proceeding under or related to this
paragraph or has testified or is about
to testify in any such proceeding.
``(B) For purposes of this paragraph, the term `social
networking website' has the meaning given such term in section
5(2) of the Social Networking Online Protection Act.''.
SEC. 4. LOCAL EDUCATIONAL AGENCY ACCESS TO PERSONAL ACCOUNTS ON SOCIAL
NETWORKING WEBSITES.
(a) In General.--Subpart 2 of part E of title IX of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended
by adding at the end the following new section:
``SEC. 9537. PROHIBITION ON ACCESS TO PERSONAL ACCOUNTS OF STUDENTS.
``(a) In General.--No local educational agency receiving funds
under this Act may--
``(1) require or request that a student or potential
student provide the agency or a school served by the agency
with a user name, password, or any other means for accessing a
private email account of the student or potential student or
the personal account of the student or potential student on any
social networking website; or
``(2) discharge, discipline, discriminate against in any
manner, or deny admission to, suspend, or expel, or threaten to
take any such action against, any student or potential student
because--
``(A) the student or potential student refuses or
declines to provide a user name, password, or other
means for accessing a private email account of the
student or potential student or the personal account of
the student or potential student on any social
networking website; or
``(B) such student or potential student has filed
any complaint or instituted or caused to be instituted
any proceeding under or related to this paragraph or
has testified or is about to testify in any such
proceeding.
``(b) Definition.--For purposes of this subsection, the term
`social networking website' has the meaning given such term in section
5(2) of the Social Networking Online Protection Act.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by inserting after the item relating to section 9536, the following new
item:
``Sec. 9537. Prohibition on access to personal accounts of students.''.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``employer'' means any person acting directly
or indirectly in the interest of an employer in relation to an
employee or an applicant for employment; and
(2) the term ``social networking website'' means any
Internet service, platform, or website that provides a user
with a distinct account--
(A) whereby the user can access such account by way
of a distinct user name, password, or other means
distinct for that user; and
(B) that is primarily intended for the user to
upload, store, and manage user-generated personal
content on the service, platform, or website. | Social Networking Online Protection Act - Prohibits employers from: (1) requiring or requesting that an employee or applicant for employment provide a user name, password, or any other means for accessing a private email account or personal account on a social networking website; or (2) discharging, disciplining, discriminating against, denying employment or promotion to, or threatening to take any such action against any employee or applicant who refuses to provide such information, files a compliant or institutes a proceeding under this Act, or testifies in any such proceeding.
Sets forth, with respect to employer violations of this Act: (1) civil penalities; (2) the authority of the Secretary of Labor to bring injunctive actions; and (3) the jurisdiction of U.S. district courts to provide legal or equitable relief including employment, reinstatement, promotion, and payment of lost wages and benefits.
Amends the Higher Education Act of 1965 and the Elementary and Secondary Education Act of 1965 to prohibit certain institutions of higher education and local educational agencies from requesting such password or account information from students or potential students. Prohibits denial of admission, suspension, expulsion, and other discipline or discrimination against students who decline to provide such information, file a complaint, institute a proceeding, or testify in any related proceeding. | {"src": "billsum_train", "title": "To prohibit employers and certain other entities from requiring or requesting that employees and certain other individuals provide a user name, password, or other means for accessing a personal account on any social networking website."} | 1,540 | 280 | 0.609404 | 2.003692 | 0.875844 | 3.105263 | 5.712551 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Border Security Act of
2007''.
SEC. 2. TECHNOLOGICAL ASSETS.
(a) Increased Availability of Equipment.--The Secretary of Homeland
Security and the Secretary of Defense shall develop and implement a
plan to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment, including
unmanned aerial vehicles, tethered aerostat radars, and other
surveillance equipment, to assist the Secretary of Homeland Security in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent illegal
immigration.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of Homeland Security and the Secretary of
Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary of Homeland Security
in carrying out surveillance of the international land borders
of the United States and assessment of the risks to citizens of
the United States and foreign policy interests associated with
the use of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(c) Unmanned Aerial Vehicle Pilot Program.--During the 1-year
period beginning on the date on which the report is submitted under
subsection (b), the Secretary of Homeland Security shall conduct a
pilot program to test unmanned aerial vehicles for border surveillance
along the international border between Canada and the United States.
(d) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary for each of the fiscal years 2008 through 2012 to carry out
subsection (a).
SEC. 3. INFRASTRUCTURE.
(a) Construction of Border Control Facilities.--Subject to the
availability of appropriations, the Secretary of Homeland Security
shall construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational control of the
international borders of the United States.
(b) Reports.--The Secretary of Homeland Security shall submit
quarterly reports to the Congress on the progress made in carrying out
subsection (a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary for each of the fiscal years 2008 through 2012 to carry out
subsection (a).
SEC. 4. PORTS OF ENTRY.
The Secretary of Homeland Security is authorized to--
(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary of Homeland Security; and
(2) make necessary improvements to the ports of entry in
existence on the date of enactment of this Act.
SEC. 5. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously as
practicable, develop and implement a plan to improve the use of
satellite communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 6. UNMANNED AERIAL VEHICLES.
(a) Unmanned Aerial Vehicles and Associated Infrastructure.--The
Secretary of Homeland Security shall acquire and maintain not fewer
than 5 unmanned aerial vehicles and related equipment for use to patrol
the international borders of the United States, including equipment
such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Homeland Security for each of the fiscal years
2008 and 2009 such sums as may be necessary to carry out
subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) are
authorized to remain available until expended.
SEC. 7. SURVEILLANCE TECHNOLOGIES PROGRAMS.
(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary of
Homeland Security, not later than 90 days after the date of
enactment of this Act, shall develop and implement a program to
fully integrate and utilize aerial surveillance technologies,
including unmanned aerial vehicles, to enhance the security of
the international border between the United States and Canada
and the international border between the United States and
Mexico. The goal of the program shall be to ensure continuous
monitoring of each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary of
Homeland Security shall--
(A) consider current and proposed aerial
surveillance technologies;
(B) assess the feasibility and advisability of
utilizing such technologies to address border threats,
including an assessment of the technologies considered
best suited to address respective threats;
(C) consult with the Secretary of Defense regarding
any technologies or equipment, which the Secretary of
Homeland Security may deploy along an international
border of the United States; and
(D) consult with the Administrator of the Federal
Aviation Administration regarding safety, airspace
coordination and regulation, and any other issues
necessary for implementation of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies
and areas, including populated and unpopulated areas
located on or near an international border of the
United States, in order to evaluate, for a range of
circumstances--
(i) the significance of previous
experiences with such technologies in border
security or critical infrastructure protection;
(ii) the cost and effectiveness of various
technologies for border security, including
varying levels of technical complexity; and
(iii) liability, safety, and privacy
concerns relating to the utilization of such
technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary of Homeland Security may continue the operation of
aerial surveillance technologies while assessing the
effectiveness of the utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
of Homeland Security shall submit to Congress a report
regarding such program. The Secretary of Homeland Security
shall include in the report a description of such program
together with any recommendations that the Secretary finds
appropriate for enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary of Homeland Security shall
establish a program to procure additional unmanned aerial
vehicles, cameras, poles, sensors, satellites, radar coverage,
and other technologies necessary to achieve operational control
of the international borders of the United States and to
establish a security perimeter known as a ``virtual fence''
along such international borders to provide a barrier to
illegal immigration. Such program shall be known as the
Integrated and Automated Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, that--
(A) the technologies utilized in the Integrated and
Automated Surveillance Program are integrated and
function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras in
a manner where a sensor alert automatically activates a
corresponding camera to pan and tilt in the direction
of the triggered sensor;
(B) cameras utilized in the Program do not have to
be manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras is
able to be viewed at multiple designated communications
centers;
(E) a standard process is used to collect, catalog,
and report intrusion and response data collected under
the Program;
(F) future remote surveillance technology
investments and upgrades for the Program can be
integrated with existing systems;
(G) performance measures are developed and applied
that can evaluate whether the Program is providing
desired results and increasing response effectiveness
in monitoring and detecting illegal intrusions along
the international borders of the United States;
(H) plans are developed under the Program to
streamline site selection, site validation, and
environmental assessment processes to minimize delays
of installing surveillance technology infrastructure;
(I) standards are developed under the Program to
expand the shared use of existing private and
governmental structures to install remote surveillance
technology infrastructure where possible; and
(J) standards are developed under the Program to
identify and deploy the use of nonpermanent or mobile
surveillance platforms that will increase the
Secretary's mobility and ability to identify illegal
border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary of Homeland Security shall
submit to Congress a report regarding the Program. The
Secretary shall include in the report a description of the
Program together with any recommendation that the Secretary
finds appropriate for enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary of
Homeland Security shall develop appropriate standards
to evaluate the performance of any contractor providing
goods or services to carry out the Integrated and
Automated Surveillance Program.
(B) Review by the inspector general.--
(i) In general.--The Inspector General of
the Department shall review each new contract
related to the Program that has a value of more
than $5,000,000 in a timely manner, to
determine whether such contract fully complies
with applicable cost requirements, performance
objectives, program milestones, and schedules.
(ii) Reports.--The Inspector General shall
report the findings of each review carried out
under clause (i) to the Secretary of Homeland
Security in a timely manner. Not later than 30
days after the date the Secretary receives a
report of findings from the Inspector General,
the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland
Security of the House of Representatives a
report of such findings and a description of
any the steps that the Secretary has taken or
plans to take in response to such findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 8. HIRING AND TRAINING OF BORDER AND TRANSPORTATION SECURITY
PERSONNEL.
(a) Inspectors and Agents.--
(1) Increase in inspectors and agents.--During fiscal year
2008, the Secretary of Homeland Security shall--
(A) increase the number of full-time agents and
associated support staff in the Bureau of Immigration
and Customs Enforcement of the Department of Homeland
Security by 400; and
(B) increase the number of full-time inspectors and
associated support staff in the Bureau of Customs and
Border Protection by 600.
(2) Waiver of fte limitation.--The Secretary is authorized
to waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security to
fulfill the requirements of paragraph (1).
(b) Training.--The Secretary shall provide appropriate training for
agents, inspectors, and associated support staff of the Department of
Homeland Security on an ongoing basis to utilize new technologies and
to ensure that the proficiency levels of such personnel are acceptable
to protect the borders of the United States.
SEC. 9. NATIONAL BORDER SECURITY PLAN.
(a) Requirement for Plan.--Not later than January 31 of each year,
the Secretary of Homeland Security shall prepare a National Border
Security Plan and submit such plan to the Congress.
(b) Consultation.--In preparing the plan required in subsection
(a), the Secretary shall consult with the Under Secretary for
Information Analysis and Infrastructure Protection and the Federal,
State, and local law enforcement agencies and private entities that are
involved in international trade across the northern border or the
southern border.
(c) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port of
entry located on the northern border or the southern border--
(A) to assist in conducting a vulnerability
assessment at such port; and
(B) to provide other assistance with the
preparation of the plan required in subsection (a). | America's Border Security Act of 2007 - Sets forth border security and enforcement provisions, including provisions respecting: (1) use of Department of Defense (DOD) surveillance equipment, including unmanned aerial vehicles (UAVs); (2) road and barrier construction; (3) ports of entry construction; (4) communications enhancements; (5) aerial surveillance programs; (6) personnel increases; and (7) a national border security plan. | {"src": "billsum_train", "title": "To assist the Secretary of Homeland Security in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration, and for other purposes."} | 2,900 | 87 | 0.577498 | 1.325906 | 0.181263 | 2.436782 | 31.758621 | 0.873563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nigerian Democracy and Civil Society
Empowerment Act of 1999''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The rule by successive military regimes in Nigeria has
harmed the lives of the people of Nigeria, undermined
confidence in the Nigerian economy, damaged relations between
Nigeria and the United States, and threatened the political and
economic stability of West Africa.
(2) The current military regime, under the leadership of
Gen. Abdusalami Abubakar, has made significant progress in
liberalizing the political environment in Nigeria, including
the release of many political prisoners, increased respect for
freedom of assembly, expression and association, and the
establishment of a timeframe for a transition to civilian rule.
(3) Previous military regimes allowed Nigeria to become a
haven for international drug trafficking rings and other
criminal organizations, although the current government has
taken some steps to cooperate with the United States Government
in halting such trafficking.
(4) Since 1993, the United States and other members of the
international community have imposed limited sanctions against
Nigeria in response to human rights violations and political
repression, although some of these sanctions have been lifted
in response to recent political liberalization.
(5) Despite the progress made in protecting certain
freedoms, numerous decrees are still in force that suspend the
constitutional protection of fundamental human rights, allow
indefinite detention without charge, and revoke the
jurisdiction of civilian courts over executive actions.
(6) As a party to the International Covenant on Civil and
Political Rights (ICCPR) and the African Charter on Human and
Peoples' Rights, and a signatory to the Harare Commonwealth
Declaration, Nigeria is obligated to fairly conduct elections
that guarantee the free expression of the will of the electors.
(7) As the leading military force within the Economic
Community of West African States (ECOWAS) peacekeeping force,
Nigeria has played a major role in attempting to secure peace
in Liberia and Sierra Leone.
(8) Despite the optimism expressed by many observers about
the progress that has been made in Nigeria, the country's
recent history raises serious questions about the potential
success of the transition process. In particular, events in the
Niger Delta over the New Year underscore the critical need for
ongoing monitoring of the situation and indicate that a return
by the military to repressive methods is still a possibility.
(b) Declaration of Policy.--Congress declares that the United
States should encourage political, economic, and legal reforms
necessary to ensure rule of law and respect for human rights in Nigeria
and support a timely, effective, and sustainable transition to
democratic, civilian government in Nigeria.
SEC. 3. SENSE OF CONGRESS.
(a) International Cooperation.--It is the sense of Congress that
the President should actively seek to coordinate with other countries
to further--
(1) the United States policy of promoting the rule of law
and respect for human rights; and
(2) the transition to democratic civilian government.
(b) United Nations Human Rights Commission.--It is the sense of
Congress that, in light of the importance of Nigeria to the region and
the severity of successive military regimes, the President should
instruct the United States Representative to the United Nations
Commission on Human Rights (UNCHR) to use the voice and vote of the
United States at the annual meeting of the Commission--
(1) to condemn human rights abuses in Nigeria, as
appropriate, while recognizing the progress that has been made;
and
(2) to press for the continued renewal of the mandate of,
and continued access to Nigeria for, the special rapporteur on
Nigeria.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN NIGERIA.
(a) Development Assistance.--
(1) In general.--Of the amounts made available for fiscal
years 2000, 2001, and 2002 to carry out chapter 1 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
not less than $10,000,000 for fiscal year 2000, not less than
$12,000,000 for fiscal year 2001, and not less than $15,000,000
for fiscal year 2002 should be available for assistance
described in paragraph (2) for Nigeria.
(2) Assistance described.--
(A) In general.--The assistance described in this
paragraph is assistance provided to nongovernmental
organizations for the purpose of promoting democracy,
good governance, and the rule of law in Nigeria.
(B) Additional requirement.--In providing
assistance under this subsection, the Administrator of
the United States Agency for International Development
shall ensure that nongovernmental organizations
receiving such assistance represent a broad cross-
section of society in Nigeria and seek to promote
democracy, human rights, and accountable government.
(3) Grants for promotion of human rights.--Of the amounts
made available for fiscal years 2000, 2001, and 2002 under
paragraph (1), not less than $500,000 for each such fiscal
year should be available to the United States Agency for International
Development for the purpose of providing grants of not more than
$25,000 each to support individuals or nongovernmental organizations
that seek to promote, directly or indirectly, the advancement of human
rights in Nigeria.
(b) USIA Information Assistance.--Of the amounts made available for
fiscal years 2000, 2001, and 2002 under subsection (a)(1), not less
than $1,000,000 for fiscal year 2000, $1,500,000 for fiscal year 2001,
and $2,000,000 for fiscal year 2002 should be made available to the
United States Information Agency for the purpose of supporting its
activities in Nigeria, including the promotion of greater awareness
among Nigerians of constitutional democracy, the rule of law, and
respect for human rights.
(c) Staff Levels and Assignments of United States Personnel in
Nigeria.--
(1) Finding.--Congress finds that staff levels at the
office of the United States Agency for International
Development in Lagos, Nigeria, are inadequate.
(2) Sense of congress.--It is the sense of Congress that
the Administrator of the United States Agency for International
Development should--
(A) increase the number of United States personnel
at such Agency's office in Lagos, Nigeria, from within
the current, overall staff resources of such Agency in
order for such office to be sufficiently staffed to
carry out subsection (a); and
(B) consider placement of personnel elsewhere in
Nigeria.
SEC. 5. PROHIBITION ON ECONOMIC ASSISTANCE TO THE GOVERNMENT OF
NIGERIA; PROHIBITION ON MILITARY ASSISTANCE FOR NIGERIA;
REQUIREMENT TO OPPOSE MULTILATERAL ASSISTANCE FOR
NIGERIA.
(a) Prohibition on Economic Assistance.--
(1) In general.--Economic assistance (including funds
previously appropriated for economic assistance) shall not be
provided to the Government of Nigeria.
(2) Economic assistance defined.--As used in this
subsection, the term ``economic assistance''--
(A) means--
(i) any assistance under part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) and any assistance under chapter 4 of
part II of such Act (22 U.S.C. 2346 et seq.)
(relating to economic support fund); and
(ii) any financing by the Export-Import
Bank of the United States, financing and
assistance by the Overseas Private Investment
Corporation, and assistance by the Trade and
Development Agency; and
(B) does not include disaster relief assistance,
refugee assistance, or narcotics control assistance
under chapter 8 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291 et seq.).
(b) Prohibition on Military Assistance or Arms Transfers.--
(1) In general.--Military assistance (including funds
previously appropriated for military assistance) or arms
transfers shall not be provided to Nigeria.
(2) Military assistance or arms transfers.--The term
``military assistance or arms transfers'' means--
(A) assistance under chapter 2 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.)
(relating to military assistance), including the
transfer of excess defense articles under section 516
of that Act (22 U.S.C. 2321j);
(B) assistance under chapter 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.)
(relating to international military education and
training);
(C) assistance under the ``Foreign Military
Financing Program'' under section 23 of the Arms Export
Control Act (22 U.S.C. 2763); or
(D) the transfer of defense articles, defense
services, or design and construction services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.),
including defense articles and defense services
licensed or approved for export under section 38 of
that Act (22 U.S.C. 2778).
(c) Requirement To Oppose Multilateral Assistance.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States executive director to each of the
international financial institutions described in paragraph (2)
to use the voice and vote of the United States to oppose any
assistance to the Government of Nigeria.
(2) International financial institutions described.--The
international financial institutions described in this
paragraph are the African Development Bank, the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation,
the Multilateral Investment Guaranty Agency, and the
International Monetary Fund.
SEC. 6. SENSE OF CONGRESS REGARDING ADMISSION INTO THE UNITED STATES OF
CERTAIN NIGERIAN NATIONALS.
It is the sense of Congress that unless the President determines
and certifies to the appropriate congressional committees by July 1,
1999, that a democratic transition to civilian rule has taken place in
Nigeria, the Secretary of State should deny a visa to any alien who is
a senior member of the Nigerian government or a military officer
currently in the armed forces of Nigeria.
SEC. 7. WAIVER OF PROHIBITIONS AGAINST NIGERIA IF CERTAIN REQUIREMENTS
MET.
(a) In General.--The President may waive any of the prohibitions
contained in section 5 or 6 for any fiscal year if the President makes
a determination under subsection (b) for that fiscal year and transmits
a notification to Congress of that determination under subsection (c).
(b) Presidential Determination Required.--A determination under
this subsection is a determination that--
(1) the Government of Nigeria--
(A) is not harassing or imprisoning human rights
and democracy advocates and individuals for expressing
their political views;
(B) has implemented the transition program
announced in July 1998;
(C) is respecting freedom of speech, assembly, and
the media, including cessation of harassment of
journalists;
(D) has released the remaining individuals who have
been imprisoned without due process or for political
reasons;
(E) is continuing to provide access for independent
international human rights monitors;
(F) has repealed all decrees and laws that--
(i) grant undue powers to the military;
(ii) suspend the constitutional protection
of fundamental human rights;
(iii) allow indefinite detention without
charge, including the State of Security
(Detention of Persons) Decree No. 2 of 1984; or
(iv) create special tribunals that do not
respect international standards of due process;
and
(G) has ensured that the policing of the oil
producing communities is carried out without excessive
use of force or systematic and widespread human rights
violations against the civilian population of the area;
or
(2) it is in the national interests of the United States to
waive the prohibition in section 5 or 6, as the case may be.
(c) Congressional Notification.--Notification under this subsection
is written notification of the determination of the President under
subsection (b) provided to the appropriate congressional committees not
less than 15 days in advance of any waiver of any prohibition in
section 5 or 6, subject to the procedures applicable to reprogramming
notifications under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-1).
SEC. 8. REPORT OF CORRUPTION IN NIGERIA.
Not later than 3 months after the date of the enactment of this
Act, and annually for the next 5 years thereafter, the Secretary of
State shall prepare and submit to the appropriate congressional
committees, and make available to the public, a report on corruption in
Nigeria. This report shall include--
(1) evidence of corruption by government officials in
Nigeria;
(2) the impact of corruption on the delivery of government
services in Nigeria;
(3) the impact of corruption on United States business
interests in Nigeria;
(4) the impact of advance fee fraud, and other fraudulent
business schemes originating in Nigeria, on United States
citizens; and
(5) the impact of corruption on Nigeria's foreign policy.
SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as provided in section 6, in this Act, the term
``appropriate congressional committees'' means--
(1) the Committee on International Relations of the House
of Representatives;
(2) the Committee on Foreign Relations of the Senate; and
(3) the Committees on Appropriations of the House of
Representatives and the Senate.
SEC. 10. TERMINATION DATE.
The provisions of this Act shall terminate on September 30, 2004. | (Sec. 4) Earmarks specified development assistance funds for FY 2000 through 2002 to: (1) nongovernmental organizations to promote democracy, good governance, and the rule of law in Nigeria; (2) the U.S. Agency for International Development (AID) to provide grants to support individuals or nongovernmental organizations that seek to promote, directly or indirectly, the advancement of human rights there; and (3) the U.S. Information Agency, to support its activities in Nigeria, including the promotion of greater awareness among Nigerians of constitutional democracy, the rule of law, and respect for human rights.
Expresses the sense of the Congress that the Administrator of AID should: (1) increase the number of U.S. personnel at its office in Lagos, Nigeria, from within its current, overall staff resources; and (2) consider placement of personnel elsewhere in Nigeria.
(Sec. 5) Prohibits economic and military assistance or arms transfers to the Government of Nigeria.
Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to use the U.S. vote to oppose any multilateral assistance to the Government of Nigeria.
(Sec. 6) Expresses the sense of the Congress that unless the President determines and certifies to the appropriate congressional committees by July 1, 1999, that a democratic transition to civilian rule has taken place in Nigeria, the Secretary of State should deny a visa to any alien who is a senior member of the Nigerian government or a military officer currently in the Nigerian armed forces.
(Sec. 7) Authorizes the President to waive any prohibition contained in this Act, provided the President makes a certain determination, and notifies the Congress, regarding Nigeria's human rights record and progress toward democracy.
(Sec. 8) Directs the Secretary of State to report annually to the appropriate congressional committees on governmental corruption in Nigeria.
(Sec. 10) Sunsets the provisions of this Act on September 30, 2004. | {"src": "billsum_train", "title": "Nigerian Democracy and Civil Society Empowerment Act of 1999"} | 2,941 | 426 | 0.549876 | 2.024447 | 0.661156 | 5.246684 | 7.177719 | 0.933687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Openness Promotes Effectiveness in
our National Government Act of 2005'' or the ``OPEN Government Act of
2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Freedom of Information Act was signed into law on
July 4, 1966, because the American people believe that--
(A) our constitutional democracy, our system of
self-government, and our commitment to popular
sovereignty depends upon the consent of the governed;
(B) such consent is not meaningful unless it is
informed consent; and
(C) as Justice Black noted in his concurring
opinion in Barr v. Matteo (360 U.S. 564 (1959)), ``The
effective functioning of a free government like ours
depends largely on the force of an informed public
opinion. This calls for the widest possible
understanding of the quality of government service
rendered by all elective or appointed public officials
or employees.'';
(2) the American people firmly believe that our system of
government must itself be governed by a presumption of
openness;
(3) the Freedom of Information Act establishes a ``strong
presumption in favor of disclosure'' as noted by the United
States Supreme Court in United States Department of State v.
Ray (502 U.S. 164 (1991)), a presumption that applies to all
agencies governed by that Act;
(4) ``disclosure, not secrecy, is the dominant objective of
the Act,'' as noted by the United States Supreme Court in
Department of Air Force v. Rose (425 U.S. 352 (1976));
(5) in practice, the Freedom of Information Act has not
always lived up to the ideals of that Act; and
(6) Congress should regularly review section 552 of title
5, United States Code (commonly referred to as the Freedom of
Information Act), in order to determine whether further changes
and improvements are necessary to ensure that the Government
remains open and accessible to the American people and is
always based not upon the ``need to know'' but upon the
fundamental ``right to know''.
SEC. 3. PROTECTION OF FEE STATUS FOR NEWS MEDIA.
Section 552(a)(4)(A)(ii) of title 5, United States Code, is amended
by adding at the end the following:
``In making a determination of a representative of the news media under
subclause (II), an agency may not deny that status solely on the basis
of the absence of institutional associations of the requester, but
shall consider the prior publication history of the requester. Prior
publication history shall include books, magazine and newspaper
articles, newsletters, television and radio broadcasts, and Internet
publications. If the requestor has no prior publication history or
current affiliation, the agency shall consider the requestor's stated
intent at the time the request is made to distribute information to a
reasonably broad audience.''.
SEC. 4. RECOVERY OF ATTORNEY FEES AND LITIGATION COSTS.
Section 552(a)(4)(E) of title 5, United States Code, is amended by
adding at the end the following: ``For purposes of this section, a
complainant has `substantially prevailed' if the complainant has
obtained a substantial part of its requested relief through a judicial
or administrative order or an enforceable written agreement, or if the
complainant's pursuit of a nonfrivolous claim or defense has been a
catalyst for a voluntary or unilateral change in position by the
opposing party that provides a substantial part of the requested
relief.''.
SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY AND CAPRICIOUS REJECTIONS OF
REQUESTS.
Section 552(a)(4)(F) of title 5, United States Code, is amended--
(1) by inserting ``(i)'' after ``(F)''; and
(2) by adding at the end the following:
``(ii) The Attorney General shall--
``(I) notify the Special Counsel of each civil action
described under the first sentence of clause (i); and
``(II) annually submit a report to Congress on the number
of such civil actions in the preceding year.
``(iii) The Special Counsel shall annually submit a report to
Congress on the actions taken by the Special Counsel under clause
(i).''.
SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON REQUESTS.
(a) Time Limits.--
(1) In general.--Section 552(a)(6)(A)(i) of title 5, United
States Code, is amended by inserting ``, and the 20-day period
shall commence on the date on which the request is first
received by the agency, and shall not be tolled without the
consent of the party filing the request'' after ``adverse
determination''.
(2) Effective date.--The amendment made by this subsection
shall take effect 1 year after the date of enactment of this
Act.
(b) Availability of Agency Exemptions.--
(1) In general.--Section 552(a)(6) of title 5, United
States Code, is amended by adding at the end the following:
``(G)(i) If an agency fails to comply with the applicable time
limit provisions of this paragraph with respect to a request, the
agency may not assert any exemption under subsection (b) to that
request, unless disclosure--
``(I) would endanger the national security of the United
States;
``(II) would disclose personal private information
protected by section 552a or proprietary information; or
``(III) is otherwise prohibited by law.
``(ii) A court may waive the application of clause (i) if the
agency demonstrates by clear and convincing evidence that there was
good cause for the failure to comply with the applicable time limit
provisions.''.
(2) Effective date and application.--The amendment made by
this subsection shall take effect 1 year after the date of
enactment of this Act and apply to requests for information
under section 552 of title 5, United States Code, filed on or
after that effective date.
SEC. 7. INDIVIDUALIZED TRACKING NUMBERS FOR REQUESTS AND STATUS
INFORMATION.
(a) In General.--Section 552(a) of title 5, United States Code, is
amended by adding at the end the following:
``(7) Each agency shall--
``(A) establish a system to assign an individualized
tracking number for each request for information under this
section;
``(B) not later than 10 days after receiving a request,
provide each person making a request with the tracking number
assigned to the request; and
``(C) establish a telephone line or Internet service that
provides information about the status of a request to the
person making the request using the assigned tracking number,
including--
``(i) the date on which the agency originally
received the request; and
``(ii) an estimated date on which the agency will
complete action on the request.''.
(b) Effective Date and Application.--The amendment made by this
section shall take effect 1 year after the date of enactment of this
Act and apply to requests for information under section 552 of title 5,
United States Code, filed on or after that effective date.
SEC. 8. SPECIFIC CITATIONS IN EXEMPTIONS.
Section 552(b) of title 5, United States Code, is amended by
striking paragraph (3) and inserting the following:
``(3) specifically exempted from disclosure by statute
(other than section 552b of this title), provided that such
statute--
``(A) if enacted after the date of enactment of the
Openness Promotes Effectiveness in our National
Government Act of 2005, specifically cites to this
section; and
``(B)(i) requires that the matters be withheld from
the public in such a manner as to leave no discretion
on the issue; or
``(ii) establishes particular criteria for
withholding or refers to particular types of matters to
be withheld;''.
SEC. 9. REPORTING REQUIREMENTS.
Section 552(e)(1) of title 5, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in subparagraph (G), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following:
``(H) data on the 10 active requests with the earliest
filing dates pending at each agency, including the amount of
time that has elapsed since each request was originally filed;
``(I) the average number of days for the agency to respond
to a request beginning the date on which the request was
originally filed, the median number of days for the agency to
respond to such requests, and the range in number of days for
the agency to respond to such requests; and
``(J) the number of fee status requests that are granted
and denied, and the average number of days for adjudicating fee
status determinations.
When reporting the total number of requests filed, agencies shall
distinguish between first person requests for personal records and
other kinds of requests, and shall provide a total number for each
category of requests.''.
SEC. 10. OPENNESS OF AGENCY RECORDS MAINTAINED BY A PRIVATE ENTITY.
Section 552(f) of title 5, United States Code, is amended by
striking paragraph (2) and inserting the following:
``(2) `record' and any other term used in this section in
reference to information includes--
``(A) any information that would be an agency
record subject to the requirements of this section when
maintained by an agency in any format, including an
electronic format; and
``(B) any information described under subparagraph
(A) that is maintained for an agency by an entity under
a contract between the agency and the entity.''.
SEC. 11. OFFICE OF GOVERNMENT INFORMATION SERVICES.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended--
(1) by redesignating section 596 as section 597; and
(2) by inserting after section 595 the following:
``Sec. 596. Office of Government Information Services
``(a) There is established the Office of Government Information
Services within the Administrative Conference of the United States.
``(b) The Office of Government Information Services shall--
``(1) review policies and procedures of administrative
agencies under section 552 and compliance with that section by
administrative agencies;
``(2) conduct audits of administrative agencies on such
policies and compliance and issue reports detailing the results
of such audits;
``(3) recommend policy changes to Congress and the
President to improve the administration of section 552,
including whether agencies are receiving and expending adequate
funds to ensure compliance with that section; and
``(4) offer mediation services between persons making
requests under section 552 and administrative agencies as a
non-exclusive alternative to litigation and, at the discretion
of the Office, issue advisory opinions if mediation has not
resolved the dispute.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 5, United States Code, is amended by striking the
item relating to section 596 and inserting the following:
``596. Office of Government Information Services.
``597. Authorization of appropriations.''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
SEC. 12. ACCESSIBILITY OF CRITICAL INFRASTRUCTURE INFORMATION.
(a) In General.--Not later than January 1 of each of the 3 years
following the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report on the
implementation and use of section 214 of the Homeland Security Act of
2002 (6 U.S.C. 133), including--
(1) the number of persons in the private sector, and the
number of State and local agencies, that voluntarily furnished
records to the Department under this section;
(2) the number of requests for access to records granted or
denied under this section;
(3) such recommendations as the Comptroller General
considers appropriate regarding improvements in the collection
and analysis of sensitive information held by persons in the
private sector, or by State and local agencies, relating to
vulnerabilities of and threats to critical infrastructure,
including the response to such vulnerabilities and threats; and
(4) an examination of whether the nondisclosure of such
information has led to the increased protection of critical
infrastructure.
(b) Form.--The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 13. REPORT ON PERSONNEL POLICIES RELATED TO FOIA.
Not later than 1 year after the date of enactment of this Act, the
Office of Personnel Management shall submit to Congress a report that
examines--
(1) whether changes to executive branch personnel policies
could be made that would--
(A) provide greater encouragement to all Federal
employees to fulfill their duties under section 552 of
title 5, United States Code; and
(B) enhance the stature of officials administering
that section within the executive branch;
(2) whether performance of compliance with section 552 of
title 5, United States Code, should be included as a factor in
personnel performance evaluations for any or all categories of
Federal employees and officers;
(3) whether an employment classification series specific to
compliance with sections 552 and 552a of title 5, United States
Code, should be established;
(4) whether the highest level officials in particular
agencies administering such sections should be paid at a rate
of pay equal to or greater than a particular minimum rate; and
(5) whether other changes to personnel policies can be made
to ensure that there is a clear career advancement track for
individuals interested in devoting themselves to a career in
compliance with such sections; and
(6) whether the executive branch should require any or all
categories of Federal employees to undertake awareness training
of such sections. | Openess Promotes Effectiveness in our National Government Act of 2005 or OPEN Government Act of 2005 - Amends the Freedom of Information Act (FOIA) to prohibit a Federal agency from denying the present fee status for a news media representative solely on the absence of institutional associations of the requester and requires consideration of the requester's prior publication history. Requires an agency, if a requester has no prior publication history or current affiliation, to consider the requester's stated intent at the time the request is made to distribute information to a reasonably broad audience.
Provides that, for purposes of recovery of attorney fees and other litigation costs, a complainant has substantially prevailed if : (1) the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement; or (2) the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief.
Directs the Attorney General to: (1) notify the Special Counsel of civil actions taken for arbitrary and capricious rejections of requests for agency records; and (2) annually submit reports on the number of such actions taken.
Provides for the commencement of the 20-day time limit within which agencies shall determine whether to comply with a request for agency records on the day in which the request is first received.
Requires agencies to establish: (1) a system to assign tracking numbers for requests for information; and (2) telephone or Internet service that provides the status of requests.
Prohibits applying FOIA section 552 provisions to matters that are specifically exempted from disclosure by a statute (other than open meetings under the Government in the Sunshine Act) that specifically cites this Act.
Establishes the Office of Government Information Services within the U.S. Administrative Conference to review section 552 policies and procedures by administrative agencies.
Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA. | {"src": "billsum_train", "title": "To promote openness in Government by strengthening section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), and for other purposes."} | 3,128 | 480 | 0.488645 | 1.733195 | 0.627855 | 4.141119 | 7.068127 | 0.96837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Accountability Act of 2017''.
SEC. 2. PROHIBITION ON AWARD OF CONTRACT OR GRANT IN EXCESS OF
SIMPLIFIED ACQUISITION THRESHOLD TO POTENTIAL CONTRACTOR
OR GRANT APPLICANT WITH SERIOUSLY DELINQUENT TAX DEBT.
(a) Governmental Policy.--It is the policy of the United States
Government that no Government contracts or grants should be awarded to
individuals or companies with seriously delinquent Federal tax debts.
(b) Disclosure and Evaluation of Contract Offers From Delinquent
Federal Debtors.--
(1) In general.--The head of any executive agency that
issues a solicitation for bids or a request for proposals for a
contract in an amount greater than the simplified acquisition
threshold shall require each person that submits a bid or
proposal to submit with the bid or proposal a form--
(A) certifying whether such person has a seriously
delinquent tax debt; and
(B) authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited
to describing whether the person has a seriously
delinquent tax debt.
(2) Impact on responsibility determination.--The head of
any executive agency, in evaluating any offer received in
response to a solicitation issued by the agency for bids or
proposals for a contract, shall consider a certification that
the offeror has a seriously delinquent tax debt to be
definitive proof that the offeror is not a responsible source
as defined in section 113 of title 41, United States Code.
(3) Debarment.--
(A) Requirement.--Except as provided in
subparagraph (B), the head of an executive agency shall
initiate a suspension or debarment proceeding against a
person after receiving an offer for a contract from
such person if--
(i) such offer contains a certification (as
required under paragraph (1)(A)) that such
person has a seriously delinquent tax debt; or
(ii) the head of the agency receives
information from the Secretary of the Treasury
(as authorized under paragraph (1)(B))
demonstrating that such a certification
submitted by such person is false.
(B) Waiver.--The head of an executive agency may
waive subparagraph (A) with respect to a person based
upon a written finding of urgent and compelling
circumstances significantly affecting the interests of
the United States. If the head of an executive agency
waives subparagraph (A) for a person, the head of the
agency shall submit to the Committee on Oversight and
Government Reform of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate, within 30 days after the waiver
is made, a report containing the rationale for the
waiver and relevant information supporting the waiver
decision.
(4) Release of information.--The Secretary of the Treasury,
in consultation with the Director of the Office of Management
and Budget, shall make available to all executive agencies a
standard form for the authorization described in paragraph
(1)(B).
(5) Revision of regulations.--Not later than 270 days after
the date of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to incorporate the requirements of
this section.
(c) Disclosure and Evaluation of Grant Applications From Delinquent
Federal Debtors.--
(1) In general.--The head of any executive agency that
offers a grant in excess of an amount equal to the simplified
acquisition threshold shall require each grant applicant to
submit with the grant application a form--
(A) certifying whether such applicant has a
seriously delinquent tax debt; and
(B) authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited
to describing whether the applicant has a seriously
delinquent tax debt.
(2) Impact on determination of financial stability.--The
head of any executive agency, in evaluating any application for
a grant offered by the agency, shall consider a certification
under paragraph (1)(A) that the grant applicant has a seriously
delinquent tax debt to be definitive proof that the applicant
is high-risk and shall--
(A) decline the grant application;
(B) ensure that the applicant does not receive any
future grant offered by the agency; and
(C) in the case of an applicant that has, as of the
date on which the grant application is denied under
subparagraph (A), an existing grant previously awarded
by the agency, take appropriate measures under
guidelines issued by the Office of Management and
Budget pursuant to paragraph (5) for enhanced oversight
of the applicant.
(3) Debarment.--
(A) Requirement.--Except as provided in
subparagraph (B), the head of an executive agency shall
initiate a suspension or debarment proceeding against a
grant applicant after receiving a grant application
from such applicant if--
(i) such application contains a
certification (as required under paragraph
(1)(A)) that such applicant has a seriously
delinquent tax debt; or
(ii) the head of the agency receives
information from the Secretary of the Treasury
(as authorized under paragraph (1)(B))
demonstrating that such a certification
submitted by such applicant is false.
(B) Waiver.--The head of an executive agency may
waive subparagraph (A) with respect to an applicant
based upon a written finding of urgent and compelling
circumstances significantly affecting the interests of
the United States. If the head of an executive agency
waives subparagraph (A) for an applicant, the head of
the agency shall submit to the Committee on Oversight
and Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs of the Senate, within 30 days after the waiver
is made, a report containing the rationale for the
waiver and relevant information supporting the waiver
decision.
(4) Release of information.--The Secretary of the Treasury,
in consultation with the Director of the Office of Management
and Budget, shall make available to all executive agencies a
standard form for the authorization described in paragraph
(1)(B).
(5) Revision of regulations.--Not later than 270 days after
the date of the enactment of this Act, the Director of the
Office of Management and Budget shall revise such regulations
as necessary to incorporate the requirements of this section.
(d) Definitions and Special Rules.--For purposes of this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code.
(2) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means a Federal tax liability that--
(i) has been assessed by the Secretary of
the Treasury under the Internal Revenue Code of
1986; and
(ii) may be collected by the Secretary by
levy or by a proceeding in court.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code;
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending;
(iii) a debt with respect to which a
continuous levy has been issued under section
6331 of such Code (or, in the case of an
applicant for employment, a debt with respect
to which the applicant agrees to be subject to
such a levy); and
(iv) a debt with respect to which such a
levy is released under section 6343(a)(1)(D) of
such Code.
(e) Effective Date.--This section shall apply with respect to
contracts and grants awarded on or after the date occurring 270 days
after the date of the enactment of this Act.
SEC. 3. INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL EMPLOYMENT.
(a) In General.--Chapter 73 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
EMPLOYMENT
``Sec. 7381. Definitions
``For purposes of this subchapter--
``(1) The term `seriously delinquent tax debt' means a
Federal tax liability that has been assessed by the Secretary
of the Treasury under the Internal Revenue Code of 1986 and may
be collected by the Secretary by levy or by a proceeding in
court, except that such term does not include--
``(A) a debt that is being paid in a timely manner
pursuant to an agreement under section 6159 or section
7122 of such Code;
``(B) a debt with respect to which a collection due
process hearing under section 6330 of such Code, or
relief under subsection (a), (b), or (f) of section
6015 of such Code, is requested or pending;
``(C) a debt with respect to which a continuous
levy has been issued under section 6331 of such Code
(or, in the case of an applicant for employment, a debt
with respect to which the applicant agrees to be
subject to such a levy); and
``(D) a debt with respect to which such a levy is
released under section 6343(a)(1)(D) of such Code;
``(2) the term `employee' means an employee in or under an
agency, including an individual described in sections 2104(b)
and 2105(e); and
``(3) the term `agency' means--
``(A) an Executive agency;
``(B) the United States Postal Service;
``(C) the Postal Regulatory Commission; and
``(D) an employing authority in the legislative
branch.
``Sec. 7382. Ineligibility for employment
``(a) In General.--Subject to subsection (c), an individual is
ineligible to be appointed or to continue serving as an employee if
such individual--
``(1) has a seriously delinquent tax debt;
``(2) does not submit the certification required under
subsection (b); or
``(3) does not submit an authorization form requested under
section 7383(b)(1).
``(b) Disclosure Requirement.--The head of each agency shall take
appropriate measures to ensure that each individual applying for
employment with such agency shall be required to submit (as part of the
application for employment) certification that such individual does not
have any seriously delinquent tax debt.
``(c) Regulations.--The Office of Personnel Management, in
consultation with the Internal Revenue Service, shall, for purposes of
carrying out this section with respect to the executive branch,
promulgate any regulations which the Office considers necessary, except
that such regulations shall provide for the following:
``(1) All applicable due process rights, afforded by
chapter 75 and any other provision of law, shall apply with
respect to a determination under this section that an applicant
is ineligible to be appointed or that an employee is ineligible
to continue serving.
``(2) Before any such determination is given effect with
respect to an individual, the individual shall be afforded 180
days to demonstrate that such individual's debt is one
described in subparagraph (A), (B), (C), or (D) of section
7381(1).
``(3) An employee may continue to serve, in a situation
involving financial hardship, if the continued service of such
employee is in the best interests of the United States, as
determined on a case-by-case basis and certified as such by the
head of the agency.
``(d) Reports to Congress.--The Director of the Office of Personnel
Management shall report annually to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate on the number
of exemptions requested and the number of exemptions granted under
subsection (c)(3).
``Sec. 7383. Review of public records
``(a) In General.--Each agency shall provide for such reviews of
public records as the head of such agency considers appropriate to
determine if a notice of lien has been filed pursuant to section 6323
of the Internal Revenue Code of 1986 with respect to an employee of or
an applicant for employment with such agency.
``(b) Additional Requests.--If a notice of lien is discovered under
subsection (a) with respect to an employee or applicant for employment,
the agency may--
``(1) request that the employee or applicant execute and
submit a form authorizing the Secretary of the Treasury to
disclose to the head of the agency information limited to
describing whether--
``(A) the employee or applicant has a seriously
delinquent tax debt; or
``(B) there is a final administrative or judicial
determination that such employee or applicant committed
any act described under section 7385(b); and
``(2) request that the Secretary of the Treasury disclose
any information so authorized to be disclosed.
``(c) Authorization Form.--The Secretary of the Treasury shall make
available to all agencies a standard form for the authorization
described in subsection (b)(1).
``Sec. 7384. Confidentiality
``Neither the head nor any other employee of an agency may--
``(1) use any information furnished under the provisions of
this subchapter for any purpose other than the administration
of this subchapter;
``(2) make any publication whereby the information
furnished by or with respect to any particular individual under
this subchapter can be identified; or
``(3) permit anyone who is not an employee of such agency
to examine or otherwise have access to any such information.
``Sec. 7385. Adverse actions for employees who understate taxes or fail
to file
``(a) In General.--
``(1) In general.--Subject to subsection (c) and paragraph
(2) of this subsection, the head of an agency may take any
personnel action against an employee of such agency if there is
a final administrative or judicial determination that such
employee committed any act described under subsection (b).
``(2) Personnel actions.--In paragraph (1), the term
`personnel action' includes separation but does not include
administrative leave or any other type of paid leave without
duty or charge to leave.
``(b) Acts.--The acts referred to under subsection (a)(1) are--
``(1) willful failure to file any return of tax required
under the Internal Revenue Code of 1986, unless such failure is
due to reasonable cause and not to willful neglect; or
``(2) willful understatement of Federal tax liability,
unless such understatement is due to reasonable cause and not
to willful neglect.
``(c) Procedure.--Under regulations prescribed by the Office of
Personnel Management, an employee subject to a personnel action under
this section shall be entitled to the procedures provided under
sections 7513 or 7543, as applicable.''.
(b) Clerical Amendment.--The analysis for chapter 73 of title 5,
United States Code, is amended by adding at the end the following:
``SUBCHAPTER VIII--INELIGIBILITY OF NONCOMPLIANT TAXPAYERS FOR FEDERAL
EMPLOYMENT
``7381. Definitions.
``7382. Ineligibility for employment.
``7383. Review of public records.
``7384. Confidentiality.
``7385. Adverse actions for employees who understate taxes or fail to
file.''.
(c) Effective Date.--This section, and the amendments made by this
section, shall take effect 270 days after the date of the enactment of
this Act. | Tax Accountability Act of 2017 This bill declares that no government contracts or grants should be awarded to individuals or companies with seriously delinquent federal tax debts. Agencies offering a grant or issuing a solicitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (currently $150,000) shall require each person that submits a grant application, bid, or proposal to: (1) certify whether such person has a seriously delinquent tax debt, and (2) authorize the Department of the Treasury to disclose to the agency whether the person has a seriously delinquent tax debt. Agencies shall consider a person who has a seriously delinquent tax debt not to be a responsible source and thus the person may not be awarded contracts. Agencies must consider a grant applicant who has a seriously delinquent tax debt high risk, shall decline the grant application, and must ensure that the applicant does not receive future grants offered by the agency. Subject to waiver, agencies shall initiate a suspension or debarment proceeding against a person making offers or applying for grants who has a seriously delinquent tax debt or who falsely certified whether the person has a seriously delinquent tax debt. Individuals with seriously delinquent tax debts are not eligible for federal employment. Agencies must provide for review of public records to determine if a tax lien has been filed on employees or applicants for employment. Agencies may take certain personnel action against employees who fail to file a tax return or understate their tax liability. | {"src": "billsum_train", "title": "Tax Accountability Act of 2017"} | 3,597 | 341 | 0.740241 | 2.538003 | 0.939751 | 4.120567 | 11.343972 | 0.921986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medgar Wiley Evers Congressional
Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) An integral part of the fight for racial equality,
Medgar Wiley Evers, was born July 2, 1925, in Decatur,
Mississippi, to James and Jessie Evers.
(2) Faithfully serving his country, Medgar Evers willingly
left high school to join the Army at the start of World War II.
(3) After the conclusion of the war, Mr. Evers returned
home to Mississippi, completed high school, enrolled in Alcorn
Agricultural and Mechanical College (presently known as Alcorn
State University) and earned a Bachelor of Arts degree in
Business Administration.
(4) While at Alcorn State University, Medgar Evers met and
married fellow Alcorn student, Myrlie Beasley, of Vicksburg,
Mississippi.
(5) Upon graduation, Myrlie and Medgar Evers moved to Mound
Bayou, Mississippi, where Medgar held a job with Magnolia
Mutual Life Insurance Company, and began establishing local
chapters of the National Association for the Advancement of
Colored People (``NAACP'') throughout the Mississippi Delta.
(6) Having been so moved by the immense suffering of
African-Americans in Mississippi, Medgar Evers felt compelled
to fight to change the circumstances and challenges facing them
and, in 1954, Medgar Evers became the first known African-
American to apply to the University of Mississippi School of
Law. Mr. Evers was denied enrollment.
(7) In 1954, Medgar Evers became the first Field Secretary
for the Mississippi chapter of the NAACP.
(8) In the capacities of his new position Medgar Evers
hosted numerous voter registration efforts in Mississippi and,
as a result of these activities, received numerous threats
against his life.
(9) Despite these threats, Mr. Evers carried on his work
with dedication and courage, organizing rallies, building
membership within the NAACP, and traveling around the country
educating the public on the fight for Civil Rights.
(10) Medgar and Myrlie Evers' passion for quality education
for all children led them to file suit against the Jackson,
Mississippi, public school system gaining him attention with
the national media as a leader of the Civil Rights Movement in
Mississippi.
(11) As a result of his continued and ongoing efforts--
rallies, sit-ins, and protests--to stand up for the rights of
African-Americans in Mississippi, Mr. Evers was arrested,
beaten, and jailed with his due process rights denied.
(12) The senseless and abhorrent violence against Mr. Evers
reached its pinnacle on June 12, 1963, when he was violently
shot in front of his home and died shortly afterwards in a
local hospital, mere hours after President John F. Kennedy had
made a national televised speech from the Oval Office calling
for full racial integration in America. The Civil Rights Act
was enacted the following year.
(13) As a veteran, Evers was buried with full military
honors at Arlington National Cemetery.
(14) On June 23, 1963, Byron De La Beckwith, a member of
the White Citizens' Council, was arrested for Evers' murder,
but juries in 1964, composed solely of White men, twice
deadlocked on De La Beckwith's guilt, resulting in mistrials.
(15) Following two trials resulting in acquittal, in 1990,
Mrs. Evers convinced Mississippi prosecutors to reopen Medgar
Evers' murder case, and a new trial led to the conviction and
life imprisonment of Medgar Evers' killer in 1994.
(16) It is befitting that Congress bestow the highest
civilian honor, the Congressional Gold Medal, to Medgar Wiley
Evers, posthumously in honor of his work on behalf of racial
equality which tragically led to his assassination, but also
was a major catalyst in passage and enactment of the Civil
Rights Act in 1964.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the posthumous presentation, on behalf of
the Congress, of a gold medal of appropriate design in commemoration of
Medgar Wiley Evers, in recognition of his contributions and ultimate
sacrifice in the fight for racial equality in the United States.
(b) Design and Striking.--For purposes of the presentation 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) Award of Medal.--Following the award of the gold medal in
commemoration of Medgar Wiley Evers under subsection (a), the medal
shall be given to the Mississippi Civil Rights Museum, where it shall
be available for display or temporary loan to be displayed elsewhere,
as appropriate.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to 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 pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Medgar Wiley Evers Congressional Gold Medal Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Medgar Wiley Evers, in recognition of his contributions and sacrifice in the fight for racial equality in the United States. Requires the medal, following its award, to be given to the Mississippi Civil Rights Museum, where it is to be available for display or temporary loan to be displayed elsewhere. | {"src": "billsum_train", "title": "Medgar Wiley Evers Congressional Gold Medal Act"} | 1,292 | 117 | 0.436481 | 1.46266 | 0.311693 | 6.787234 | 12.244681 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclaiming Individual Liberty Act''.
SEC. 2. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.
(a) In General.--Chapter 48 of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Conforming Amendments to the Internal Revenue Code of 1986.--
(1) Section 36B(c)(2)(B) of such Code is amended to read as
follows:
``(B) Exception for minimum essential coverage.--
The term `coverage month' shall not include any month
with respect to an individual if for such month the
individual is eligible for minimum essential coverage
other than eligibility for coverage described in
subsection (g)(1)(C) (relating to coverage in the
individual market).''.
(2) Section 36B(c)(2)(C)(i)(I) of such Code is amended by
striking ``(as defined in section 5000A(f)(2))''.
(3) Section 36B(c)(2)(C)(i)(II) of such Code is amended by
striking ``(within the meaning of section 5000A(e)(1)(B))''.
(4) Section 36B(c)(2)(C)(ii) of such Code is amended by
striking ``(as defined in section 5000A(f)(2))''.
(5) Section 36B(c)(2) of such Code is amended by adding at
the end the following new subparagraph:
``(D) Required contribution.--For purposes of this
paragraph--
``(i) In general.--the term `required
contribution' means--
``(I) in the case of an individual
eligible to purchase minimum essential
coverage consisting of coverage through
an eligible-employer-sponsored plan,
the portion of the annual premium which
would be paid by the individual
(without regard to whether paid through
salary reduction or otherwise) for
self-only coverage, or
``(II) in the case of an individual
eligible only to purchase minimum
essential coverage described in
subsection (g)(1)(C), the annual
premium for the lowest cost bronze plan
available in the individual market
through the Exchange in the State in
the rating area in which the individual
resides (without regard to whether the
individual purchased a qualified health
plan through the Exchange), reduced by
the amount of the credit allowable
under this section for the taxable year
(determined as if the individual was
covered by a qualified health plan
offered through the Exchange for the
entire taxable year).
``(ii) Special rules for individuals
related to employees.--For purposes of clause
(i)(I), if an individual is eligible for
minimum essential coverage through an employer
by reason of a relationship to an employee, the
determination under subparagraph (C)(i)(II)
shall be made by reference to required
contribution of the employee.''.
(6) Section 36B of such Code is amended by redesignating
subsection (g) as subsection (h) and by inserting after
subsection (f) the following new subsection:
``(g) Minimum Essential Coverage.--For purposes of this section--
``(1) In general.--The term `minimum essential coverage'
means any of the following:
``(A) Government sponsored programs.--Coverage
under--
``(i) the Medicare program under part A of
title XVIII of the Social Security Act,
``(ii) the Medicaid program under title XIX
of the Social Security Act,
``(iii) the CHIP program under title XXI of
the Social Security Act,
``(iv) medical coverage under chapter 55 of
title 10, United States Code, including
coverage under the TRICARE program,
``(v) a health care program under chapter
17 or 18 of title 38, United States Code, as
determined by the Secretary of Veterans
Affairs, in coordination with the Secretary of
Health and Human Services and the Secretary,
``(vi) a health plan under section 2504(e)
of title 22, United States Code (relating to
Peace Corps volunteers), or
``(vii) the Nonappropriated Fund Health
Benefits Program of the Department of Defense,
established under section 349 of the National
Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 10 U.S.C. 1587 note).
``(B) Employer-sponsored plan.--Coverage under an
eligible employer-sponsored plan.
``(C) Plans in the individual market.--Coverage
under a health plan offered in the individual market
within a State.
``(D) Grandfathered health plan.--Coverage under a
grandfathered health plan.
``(E) Other coverage.--Such other health benefits
coverage, such as a State health benefits risk pool, as
the Secretary of Health and Human Services, in
coordination with the Secretary, recognizes for
purposes of this subsection.
``(2) Eligible employer-sponsored plan.--The term `eligible
employer-sponsored plan' means, with respect to any employee, a
group health plan or group health insurance coverage offered by
an employer to the employee which is--
``(A) a governmental plan (within the meaning of
section 2791(d)(8) of the Public Health Service Act),
or
``(B) any other plan or coverage offered in the
small or large group market within a State.
Such term shall include a grandfathered health plan described
in paragraph (1)(D) offered in a group market.
``(3) Excepted benefits not treated as minimum essential
coverage.--The term `minimum essential coverage' shall not
include health insurance coverage which consists of coverage of
excepted benefits--
``(A) described in paragraph (1) of subsection (c)
of section 2791 of the Public Health Service Act, or
``(B) described in paragraph (2), (3), or (4) of
such subsection if the benefits are provided under a
separate policy, certificate, or contract of insurance.
``(4) Individuals residing outside united states or
residents of territories.--Any applicable individual shall be
treated as having minimum essential coverage for any month--
``(A) if such month occurs during any period
described in subparagraph (A) or (B) of section
911(d)(1) which is applicable to the individual, or
``(B) if such individual is a bona fide resident of
any possession of the United States (as determined
under section 937(a)) for such month.
``(5) Insurance-related terms.--Any term used in this
section which is also used in title I of the Patient Protection
and Affordable Care Act shall have the same meaning as when
used in such title.''.
(7) Section 162(m)(6)(C)(i)(II) of such Code is amended by
striking ``section 5000A(f)'' and inserting ``section 36B(g)''.
(8) Subsections (a)(1) and (b)(1)(A) of section 4980H of
such Code are each amended by striking ``section 5000A(f)(2)''
and inserting ``section 36B(g)(2)''.
(9) Section 4980I(f)(1)(B) of such Code is amended by
striking ``section 5000A(f)'' and inserting ``section 36B(g)''.
(10) Section 6055(e) of such Code is amended by striking
``section 5000A(f)'' and inserting ``section 36B(g)''.
(11) Section 6056(b)(2)(B) of such Code is amended by
striking ``section 5000A(f)(2)'' and inserting ``section
36B(g)(2)''.
(12) The table of chapters for subtitle D of such Code is
amended by striking the item relating to chapter 48.
(c) Conforming Amendments to Other Laws.--
(1) Section 2715(b)(3)(G)(i) of the Public Health Service
Act is amended by striking ``section 5000A(f)'' and inserting
``section 36B(g)''.
(2) Section 1251(a)(4)(B)(ii) of the Patient Protection and
Affordable Care Act is amended by striking ``section
5000A(f)(2)'' and inserting ``section 36B(g)(2)''.
(3) Section 1302(e)(2)(B) of the Patient Protection and
Affordable Care Act is amended to read as follows:
``(B) has a certification in effect for any plan
year under this title that--
``(i) the individual's required
contribution (determined on an annual basis)
for coverage for the month exceeds 8 percent of
such individual's household income for the
taxable year described in section
1412(b)(1)(B), or
``(ii) the individual has been determined
by the Secretary of Health and Human Services
under section 1311(d)(4)(H) to have suffered a
hardship with respect to the capability to
obtain coverage under a qualified health
plan.''.
(4) Section 1302(e) of the Patient Protection and
Affordable Care Act is amended by adding at the end the
following new paragraph:
``(4) Determination of individual's required contribution
and household income.--For purposes of this subsection--
``(A) Required contribution.--The term `required
contribution' means--
``(i) in the case of an individual eligible
to purchase minimum essential coverage
consisting of coverage through an eligible-
employer-sponsored plan (as defined in section
36B(g)(2) of the Internal Revenue Code of
1986), the portion of the annual premium which
would be paid by the individual (without regard
to whether paid through salary reduction or
otherwise) for self-only coverage, or
``(ii) in the case of an individual
eligible only to purchase minimum essential
coverage described in section 36B(g)(1)(C) of
the Internal Revenue Code of 1986, the annual
premium for the lowest cost bronze plan
available in the individual market through the
Exchange in the State in the rating area in
which the individual resides (without regard to
whether the individual purchased a qualified
health plan through the Exchange), reduced by
the amount of the credit allowable under
section 36B of such Code for the taxable year
(determined as if the individual was covered by
a qualified health plan offered through the
Exchange for the entire taxable year).
``(B) Special rules for individuals related to
employees.--For purposes of subparagraph (A)(i), if an
individual is eligible for minimum essential coverage
(as defined in section 36B(g) of the Internal Revenue
Code of 1986) through an employer by reason of a
relationship to an employee, the determination under
paragraph (2)(B)(i) shall be made by reference to
required contribution of the employee.
``(C) Indexing.--In the case of plan years
beginning in any calendar year after 2014, paragraph
(2)(B)(i) shall be applied by substituting for `8
percent' the percentage the Secretary of Health and
Human Services determines reflects the excess of the
rate of premium growth between the preceding calendar
year and 2013 over the rate of income growth for such
period.
``(D) Household income.--For purposes of paragraph
(2)(B)(i), the taxpayer's household income shall be
increased by any exclusion from gross income for any
portion of the required contribution made through a
salary reduction arrangement.''.
(5) Section 1311(d)(4) of the Patient Protection and
Affordable Care Act is amended by striking subparagraph (H) and
by redesignating subparagraphs (I), (J), and (K) as
subparagraphs (H), (I), and (J), respectively.
(6) Section 1312(d)(4) of the Patient Protection and
Affordable Care Act is amended by striking ``section 5000A(f)''
and inserting ``section 36B(g)''.
(7) Section 1331(e)(1)(C) of the Patient Protection and
Affordable Care Act is amended--
(A) by striking ``section 5000A(f)'' and inserting
``section 36B(g)'', and
(B) by striking ``section 5000A(e)(2) of such
Code'' and inserting ``section 1411(a)(4)''.
(8) Section 1332(a)(2)(D) of the Patient Protection and
Affordable Care Act is amended by striking ``Sections 36B,
4980H, and 5000A'' and inserting ``Sections 36B and 4980H''.
(9) Section 1401(c)(1)(A)(iii) of the Patient Protection
and Affordable Care Act is amended by striking ``section
5000A(f)'' and inserting ``section 36B(g)''.
(10) Section 1411(a) of the Patient Protection and
Affordable Care Act is amended--
(A) by adding ``and'' at the end of paragraph (2),
(B) by striking ``sections 36B(c)(2)(C) and
5000A(e)(2); and'' in paragraph (3) and inserting
``section 36B(c)(2)(C).'', and
(C) by striking paragraph (4).
(11) Section 1411(b)(4)(C) of the Patient Protection and
Affordable Care Act is amended by striking ``section
5000A(e)(1)(B)'' and inserting ``section 36B(c)(2)(D)''.
(12) Section 1411(b) of the Patient Protection and
Affordable Care Act is amended by striking paragraph (5).
(13) Section 1411(e)(4)(B) of the Patient Protection and
Affordable Care Act is amended by striking clause (iv).
(d) Effective Date.--The amendments and repeal made by this section
shall apply to taxable years ending after December 31, 2013. | Reclaiming Individual Liberty Act This bill repeals the provision in the Internal Revenue Code, as added by the Patient Protection and Affordable Care Act, that requires individual taxpayers to purchase and maintain minimum essential health care coverage. | {"src": "billsum_train", "title": "Reclaiming Individual Liberty Act"} | 3,105 | 44 | 0.480659 | 1.089271 | 0.64155 | 1.85 | 66.65 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Employee Pension Plan
Liability Act of 1995''.
SEC. 2. CIVIL ENFORCEMENT OF PUBLIC EMPLOYEE PENSION PLAN TERMS.
(a) In General.--A civil action may be brought, by a participant or
beneficiary under a public employee pension plan, against the plan--
(1) to recover benefits due to him or her under the terms
of the plan, to enforce his or her rights under the terms of
the plan, or to clarify his or her rights to future benefits
under the terms of the plan;
(2) to enjoin any act or practice which violates the terms
of the plan, or
(3) to obtain other appropriate equitable relief (A) to
redress violations of the terms of the plan or (B) to enforce
the terms of the plan.
(b) Burden of Proof.--
(1) In general.--Except as provided in paragraph (2), in
any action brought under this section, the plaintiff may
prevail if the plaintiff proves his or her case by a
preponderance of the evidence.
(2) Special rule for plans subject to review by qualified
review boards.--In the case of a public employee pension plan
which meets the requirements of section 3, in any action
brought under this section, the plaintiff may prevail only if
the plaintiff proves his or her case by clear and convincing
evidence.
(c) Plans Treated as Persons.--A public employee pension plan may
sue or be sued under this Act as a person. Service of summons,
subpoena, or other legal process of a court upon a trustee or an
administrator of a public employee pension plan in the trustee's or
administrator's capacity as such shall constitute service upon the
plan.
(d) Jurisdiction and Venue.--
(1) In general.--State courts of competent jurisdiction and
district court of the United States shall have concurrent
jurisdiction of actions brought under this section. The
district courts of the United States shall have jurisdiction
without regard to the amount in controversy or the citizenship
of the parties, to grant the relief provided for in subsection
(a).
(2) Venue.--Notwithstanding section 94 of the National
Banking Act (12 U.S.C. 94), in any case in which an action
under this Act is brought in a district court of the United
States, it may be brought in any district of the State where
the plan is administered, where the breach took place, or where
a defendant resides or may be found, and process may be served
in any other district where a defendant resides or may be
found.
(e) Attorney's Fees.--In any action brought under this section, the
court may in its discretion award a reasonable attorney's fee and costs
of action to any party who prevails or substantially prevails in such
action.
SEC. 3. REVIEW BY QUALIFIED REVIEW BOARDS OF CHANGES IN EMPLOYER
CONTRIBUTIONS.
(a) In General.--A public employee pension plan meets the
requirements of this section if, under the plan, changes in employer
contributions are subject to review by a qualified review board
established for the plan as provided in this section. For purposes of
this section, the term ``qualified review board'' means a board--
(1) whose membership is determined under the law of the
principal State in accordance with subsection (b), and
(2) whose powers are determined under the law of the
principal State in accordance with paragraph (3).
(b) Membership.--
(1) In general.--The membership of a qualified review board
established for a plan shall consist of 3 members selected from
among individuals who, by means of their education and
experience, have demonstrated expertise in the area of pension
fund management, as follows:
(A) one member is appointed by the Governor of the
State,
(B) one member is selected by the participants in
the plan, by means of an election held in such form and
manner as shall be prescribed in regulations of the
Secretary of Labor, and
(C) one member is selected jointly by the Governor
and by a representative of participants in the plan
(from a certified list of pension experts establsihed
in accordance with paragraph (2)).
Each member of the board shall have 1 vote. Members of the
board shall serve for such equivalent terms as shall be
prescribed under the law of the principal State.
(2) Certified list of experts.--The Governor of the State
shall, for purposes of paragraph (1)(C), establish and maintain
with respect to each public employee pension plan (for which
such State is the principal State) a certified list of pension
experts meeting the requirements for membership on the
qualified review board. Individuals may be included on such
list only by agreement between the Governor of the State and a
representative elected by participants in the plan, entered
into by means of collective bargaining in such form and manner
as shall be prescribed in regulations of the Secretary of
Labor.
(c) Powers.--The board shall be treated as a qualified review board
for purposes of this section with respect to any public employee
pension plan (for which such State is the principal State) only if the
powers of such board under the law of the principal State include
review by the board, for approval or disapproval by the board, of any
change in the terms of such plan, as a necessary prerequisite for such
change to take effect, if--
(1) such change would have the effect of changing levels of
employer contributions to the plan, and
(2) such review is requested, in such form and manner as
shall be prescribed in regulations of the Secretary of Labor,
by--
(A) at least one-third of the total number of
trustees of any trust fund forming a part of the plan,
or
(B) the head of any employee organization
representing at least 20 percent of the total number of
active participants in the plan.
The board may be treated as a qualified review board for purposes of
this section only if, under the law of the principal State, any such
change submitted to such review by
the board may take effect only upon approval of the change by the
board.
SEC. 4. EFFECT ON OTHER LAWS.
(a) In General.--Nothing in this Act shall be construed to alter,
amend, modify, invalidate, impair, or supersede any law of a State or
any rule or regulation issued under any such law, except to the extent
that such law--
(1) may now or hereafter relate to the subject matter of
the provisions of this Act as they apply to any public employee
pension plan described in section 4(b)(1) and not exempt under
section 4(b)(2), and
(2) prevents the application of such provisions.
(b) State Causes of Action Preserved.--Nothing in this Act shall be
construed to apply with respect to State causes of action available in
State courts.
SEC. 4. DEFINITIONS AND COVERAGE.
(a) Definitions.--For purposes of this Act--
(1) Administrator.--The term ``administrator'' means--
(A) the board of trustees, retirement board, or
similar person with administrative responsibilities in
connection with a plan, or any other person
specifically so designated in connection with any
requirement of this Act by the terms of the instrument
or instruments under which the plan is operated,
including but not limited to the law of any State or of
any political subdivision of any State, or
(B) in any case in which there is no person
described in subparagraph (A) in connection with the
plan, the plan sponsor.
(2) Beneficiary.--The term ``beneficiary'' means a person
designated by a participant, or by the terms of a public
employee pension plan, who is or may become entitled to a
benefit thereunder.
(3) Employee.--The term ``employee'' means any individual
employed by an employer, employer representative, or other
person required to make employer contributions under the plan.
(4) Employee organization.--The term ``employee
organization'' means any labor union or any organization of any
kind, or any agency or employee representation committee,
association, group, or plan, in which employees participate and
which exists for the purpose, in whole or in part, of dealing
with employers or employer representatives concerning a public
employee pension plan or other matters incidental to employment
relationships; or any employees' beneficiary association
organized for the purpose, in whole or in part, of establishing
such a plan.
(5) Employer.--The term ``employer'' means--
(A) the government of any State or of any political
subdivision of a State,
(B) any agency or instrumentality of a government
referred to in subparagraph (A), or
(C) any agency or instrumentality of two or more
governments referred to in subparagraph (A).
(6) Employer contribution.--The term ``employer
contribution'' means any contribution to a public employee
pension plan other than a contribution made by a participant in
the plan.
(7) Employer representative.--The term ``employer
representative'' means--
(A) any group or association consisting, in whole
or in part, of employers acting, in connection with a
public employee pension plan, for an employer, or
(B) any person acting, in connection with a public
employee pension plan, indirectly in the interest of an
employer or of a group or association described in
subparagraph (A).
(8) Public employee pension plan.--The term ``public
employee pension plan'' and ``plan'' mean any plan, fund, or
program which was heretofore or is hereafter established or
maintained, in whole or in part, by an employer, an employer
representative, or an employee organization, or by a
combination thereof, to the extent that by its express terms or
as a result of surrounding circumstances such plan, fund, or
program--
(A) provides retirement income to employees, or
(B) results in a deferral of income by employees
for periods extending to the termination of covered
employment or beyond,
regardless of the method of calculating the contributions made
to the plan, the method of calculating the benefits under the
plan, or the method of distributing benefits from the plan.
(9) Principal state.--The term ``principal State'' means,
for any plan year with respect to a public employee pension
plan, the State in which, as of the beginning of such plan
year, the largest percentage of the participants of the plan
employed in any single State is employed.
(10) Governor.--The term ``Governor'' means, in connection
with a public employee pension plan, the Governor (or
equivalent official) of the principal State.
(11) Participant.--The term ``participant'' means any
individual who is or may become eligible to receive a benefit
of any type from a public employee pension plan or whose
beneficiaries may be eligible to receive any such benefit.
(12) Person.--The term ``person'' means a State, a
political subdivision of a State, any agency or instrumentality
of a State or a political subdivision of a State, an
individual, a partnership, a joint venture, a corporation, a
mutual company, a joint-stock company, a trust, an estate, an
unincorporated organization, an association, or an employee
organization.
(13) Plan sponsor.--The term ``plan sponsor'' means--
(A) in the case of a plan established or maintained
solely for employees of a single employer, such
employer,
(B) in the case of a plan established or maintained
by an employee organization, the employee organization,
or
(C) in the case of a plan established or maintained
by two or more employers or jointly by one or more
employers and one or more employee organizations, the
association, committee, board of trustees, or other
similar group of representatives of the parties who
establish or maintain the plan.
(14) Plan year.--The term ``plan year'' means, with respect
to a plan, the calendar, policy, or fiscal year on which the
records of the plan are kept.
(15) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, and Guam.
(b) Coverage.--
(1) In general.--Except as provided in paragraph (2), this
Act shall apply to any public employee pension plan.
(2) Exceptions from coverage.--The provisions of this Act
shall not apply to--
(A) any employee benefit plan described in section
4(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1003(a)), which is not exempt under
section 4(b)(1) of such Act (29 U.S.C. 1003(b)(1));
(B) any plan which is unfunded and is maintained by
an employer or employer representative primarily for
the purpose of providing deferred compensation for a
select group of management or highly compensated
employees;
(C) any arrangement which would be a severance pay
arrangement, as defined in regulations of the Secretary
of Labor under section 3(2)(B)(i) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1002(2)(B)(i)), if the employer were an employer within
the meaning of section 3(5) of such Act (29 U.S.C.
1002(5));
(D) any agreement to the extent it is a coverage
agreement entered into pursuant to section 218 of the
Social Security Act (42 U.S.C. 418);
(E) any individual retirement account or any
individual retirement annuity within the meaning of
section 408 of the Internal Revenue Code of 1986, or a
retirement bond within the meaning of section 409 of
such Code;
(F) any plan described in section 401(d) of such
Code;
(G) any individual account plan consisting of an
annuity contract described in section 403(b) of such
Code;
(H) any eligible State deferred compensation plan,
as defined in section 457(b) of such Code; or
(I) any plan maintained solely for the purpose of
complying with applicable workers' compensation laws or
disability insurance laws.
SEC. 5. EFFECTIVE DATE.
The preceding provisions of this Act shall apply with respect to
plan years beginning on or after January 1, 1996. | Public Employee Pension Plan Liability Act of 1995 - Permits a participant or beneficiary under a public employee pension plan to bring a civil action against the plan to: (1) recover benefits due him or her under the plan's terms, to enforce his or her rights, or to clarify his or her rights to future benefits; (2) enjoin any act or practice which violates the plan's terms; or (3) obtain other appropriate equitable relief to enforce such terms or redress violations of them.
Allows a plaintiff, in most instances, to prevail in such an action by proving the case by a preponderance of the evidence. Requires proof by clear and convincing evidence, however, if the action involves a plan under which changes in employer contributions are subject to review by a qualified review board.
Grants State courts and U.S. district courts concurrent jurisdiction of such actions.
Precribes the general requirements for a qualified review board.
States that in general this Act applies to any public employee pension plan, with specified exceptions. | {"src": "billsum_train", "title": "Public Employee Pension Plan Liability Act of 1995"} | 3,161 | 227 | 0.704745 | 2.209356 | 0.804067 | 3.746269 | 14.736318 | 0.900498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Space Reorganization Act of
2001''.
SEC. 2. AUTHORITY TO ESTABLISH POSITION OF UNDER SECRETARY OF DEFENSE
FOR SPACE, INTELLIGENCE, AND INFORMATION.
(a) Authority To Establish Position.--The President may establish
in the Department of Defense the position of Under Secretary of Defense
for Space, Intelligence, and Information. If that position is so
established, the Under Secretary of Defense for Space, Intelligence,
and Information shall perform duties and exercise powers as set forth
in section 137 of title 10, United States Code, as added by subsection
(e).
(b) Deadline for Exercise of Authority.--The authority provided in
subsection (a) may not be exercised after December 31, 2003.
(c) Notice of Exercise of Authority.--(1) If the authority provided
in subsection (a) is exercised, the President shall immediately submit
to Congress notification in writing of the establishment of the
position of Under Secretary of Defense for Space, Intelligence, and
Information, together with the date as of which the position is
established. If the President declines to exercise the authority
provided in subsection (a), the President shall, before the date
specified in subsection (b), submit to Congress a report on how the
President has implemented the recommendations of the report of the
Space Commission with respect to the Department of Defense.
(2) For purposes of paragraph (1), the term ``report of the Space
Commission'' means the report of the Commission To Assess United States
National Security Space Management and Organization, dated January 11,
2001, and submitted to Congress under section 1623 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 815).
(d) Contingent Enactment of U.S. Code Amendments.--If the position
of Under Secretary of Defense for Space, Intelligence, and Information
is established under the authority provided in subsection (a), then the
amendments set forth in subsections (e), (f), and (g) shall be
executed, effective as of the date specified in the notice submitted
under the first sentence of subsection (c)(1). Otherwise, those
amendments shall not be executed.
(e) Appointment, Duties, etc., of Under Secretary.--(1) Subject to
subsection (d), chapter 4 of title 10, United States Code, is amended--
(A) by redesignating section 137 as section 139a and
transferring such section (as so redesignated) within such
chapter so as to appear after section 139; and
(B) by inserting after section 136 the following new
section 137:
``Sec. 137. Under Secretary of Defense for Space, Intelligence, and
Information
``(a) There is an Under Secretary of Defense for Space,
Intelligence, and Information, appointed from civilian life by the
President, by and with the advice and consent of the Senate.
``(b) Subject to the authority, direction, and control of the
Secretary of Defense, the Under Secretary of Defense for Space,
Intelligence, and Information shall perform such duties and exercise
such powers relating to the space, intelligence, and information
programs and activities of the Department of Defense as the Secretary
of Defense may prescribe. The duties and powers prescribed for the
Under Secretary shall include responsibility for the following:
``(1) In coordination with the Under Secretary of Defense
for Policy, the establishment of Department of Defense policy
on space.
``(2) In coordination with the Under Secretary of Defense
for Acquisition, Technology, and Logistics, the acquisition of
space systems for the Department of Defense.
``(3) The deployment and use of space assets.
``(4) The oversight of research, development, acquisition,
launch, and operation of space, intelligence, and information
assets.
``(5) The coordination of military intelligence activities
within the Department of Defense.
``(6) The coordination of intelligence activities of the
Department of Defense and the intelligence community in order
to meet the long-term intelligence requirements of the United
States.
``(7) The coordination of space activities of the
Department of Defense with commercial and civilian space
activities.
``(c) The Under Secretary of Defense for Space, Intelligence, and
Information shall perform such additional duties and exercise such
powers as the Secretary of Defense may prescribe.
``(d) The Secretary of Defense shall designate the Under Secretary
of Defense for Space, Intelligence, and Information as the Chief
Information Officer of the Department of Defense under section
3506(a)(2)(B) of title 44.
``(e) The Under Secretary of Defense for Space, Intelligence, and
Information takes precedence in the Department of Defense after the
Under Secretary of Defense for Personnel and Readiness.''.
(2) Subject to subsection (d), section 131(b) of that title is
amended--
(A) by redesignating paragraphs (6) through (11) as
paragraphs (7) through (12), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph (6):
``(6) The Under Secretary of Defense for Space,
Intelligence, and Information.''.
(3) Subject to subsection (d), the table of sections at the
beginning of chapter 4 of such title is amended--
(A) by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Space, Intelligence, and
Information.'';
and
(B) by inserting after the item relating to section 139 the
following new item:
``139a. Director of Defense Research and Engineering.''.
(f) Assistant Secretaries of Defense.--Subject to subsection (d),
section 138 of such title is amended--
(1) in subsection (a), by striking ``nine'' and inserting
``eleven''; and
(2) in subsection (b), by inserting after paragraph (2) the
following new paragraph:
``(3) Not less than three of the Assistant Secretaries shall be
assigned duties under the authority of the Under Secretary of Defense
for Space, Intelligence, and Information and shall report to that Under
Secretary.''.
(g) Pay Rates.--Subject to subsection (d), subchapter II of chapter
53 of title 5, United States Code, is amended--
(1) in section 5314, by inserting after the paragraph
relating to the Under Secretary of Defense for Personnel and
Readiness the following:
``Under Secretary of Defense for Space, Intelligence, and
Information.''; and
(2) in section 5315, by striking ``(9)'' after ``Assistant
Secretaries of Defense'' and inserting ``(11)''.
(h) Report.--Not later than 30 days before exercising the authority
provided in subsection (a), the President shall submit to Congress a
report on the proposed organization of the office of the Under
Secretary of Defense for Space, Intelligence, and Information. If such
a report has not been submitted as of April 15, 2002, the President
shall submit to Congress a report, not later than that date, setting
forth the President's view as of that date of the desirability of
establishing the position of Under Secretary of Defense for Space,
Intelligence, and Information in the Department of Defense.
SEC. 3. RESPONSIBILITY OF UNDER SECRETARY OF THE AIR FORCE AS
ACQUISITION EXECUTIVE FOR SPACE OF THE DEPARTMENT OF
DEFENSE.
(a) Executive Agent.--Part IV of subtitle A of title 10, United
States Code, is amended by inserting after chapter 134 the following
new chapter:
``CHAPTER 135--SPACE PROGRAMS
``Sec.
``2271. Executive agent.
``Sec. 2271. Executive agent
``(a) Secretary of the Air Force.--The Secretary of the Air Force
shall be the executive agent of the Department of Defense--
``(1) for the planning of the acquisition programs,
projects, and activities of the Department that relate to
space; and
``(2) for the execution of those programs, projects, and
activities.
``(b) Acquisition Executive.--The Secretary shall designate the
Under Secretary of the Air Force as the acquisition executive of the
Air Force for the programs, projects, and activities referred to in
subsection (a).''.
(b) Clerical Amendment.--The tables of chapters at the beginning of
such subtitle and the beginning of part IV of such subtitle are amended
by inserting after the item relating to chapter 134 the following new
item:
``135. Space Programs....................................... 2271''.
SEC. 4. MAJOR FORCE PROGRAM CATEGORY FOR SPACE PROGRAMS.
(a) Requirement.--The Secretary of Defense shall create a major
force program category for space programs for purposes of the future-
years defense program under section 221 of title 10, United States
Code.
(b) Commencement.--The category created under subsection (a) shall
be included in each future-years defense program submitted to Congress
under section 221 of title 10, United States Code, in fiscal years
after fiscal year 2002.
SEC. 5. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION OF
RECOMMENDATIONS OF SPACE COMMISSION.
(a) Assessment.--(1) The Comptroller General shall carry out an
assessment through February 15, 2003, of the actions taken by the
Secretary of Defense in implementing the recommendations in the report
of the Space Commission that are applicable to the Department of
Defense.
(2) For purposes of paragraph (1), the term ``report of the Space
Commission'' means the report of the Commission To Assess United States
National Security Space Management and Organization, dated January 11,
2001, and submitted to Congress under section 1623 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
Stat. 815).
(b) Reports.--Not later than February 15 of each of 2002 and 2003,
the Comptroller General shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives a report on the assessment carried out under subsection
(a). Each report shall set forth the results of the assessment as of
the date of such report.
SEC. 6. COMMANDER OF AIR FORCE SPACE COMMAND.
(a) In General.--Chapter 845 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8584. Commander of Air Force Space Command
``(a) The officer serving as commander of the Air Force Space
Command may not serve simultaneously as commander of the United States
Space Command (or any successor combatant command with responsibility
for space) or as commander of the United States element of the North
American Air Defense Command.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``8584. Commander of Air Force Space Command.''.
SEC. 7. REQUIREMENT FOR ESTABLISHMENT OF SEPARATE CAREER FIELD IN THE
AIR FORCE FOR SPACE.
The Secretary of the Air Force, acting through the Under Secretary
of the Air Force, shall establish and implement policies and procedures
to develop a cadre of technically competent officers with the
capability to develop space doctrine, concepts of space operations, and
management of space systems for the Air Force. | Defense Space Reorganization Act of 2001 - Authorizes the President to establish in the Department of Defense (DOD) the position of Under Secretary of Defense for Space, Intelligence, and Information, to perform duties and exercise powers relating to DOD space, intelligence, and information programs and activities.Requires the President: (1) to notify Congress after establishing such position; or (2) if he declines to establish such position, to report on how he has implemented the recommendations of the report of the Space Commission.Requires the Secretary of the Air Force to be the DOD executive agent for the planning and execution of DOD space-related acquisition programs, projects, and activities.Requires the Secretary of Defense to create a major force program category for space programs for purposes of the future-years defense program.Directs the Comptroller General to carry out an assessment of the implementation of recommendations of the Space Commission applicable to DOD.Prohibits the commander of the Air Force Space Command from serving simultaneously as commander of the U.S. Space Command or as commander of the U.S. element of the North American Air Defense Command..Directs the Secretary of the Air Force to establish and implement policies and procedures to develop a cadre of technically competent officers to develop space doctrine, concepts of space operations, and management of space systems. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to improve the organization and management of the Department of Defense with respect to space programs and activities, and for other purposes."} | 2,512 | 290 | 0.598921 | 1.731044 | 0.86456 | 4.504065 | 9.662602 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Investment for Next-
Generation Technologies Act'' or the ``WING Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Science- and technology-based industries have been and
will continue to be engines of United States economic growth
and national security.
(2) The United States faces great challenges in the global
economy from nations with highly trained technical workforces.
(3) Occupations requiring technical and scientific training
are projected to grow rapidly over the next decade, at 3 times
the rate of all occupations (according to Science & Engineering
Indicators, 2002).
(4) The need for trained technology workers in national
security fields has increased as a result of the events of
September 11, 2001.
(5) National certification systems are well established and
accepted in fields such as health and information technology
and have succeeded in attracting more workers into those
fields.
(6) Business and workers could both be well served by
expanding the certification concept to other high technology
industries.
(7) National certification systems allow workers to develop
skills transportable to other States in response to layoffs and
other economic changes.
(8) National certification systems facilitate interstate
comparisons of education and training programs and help
identify best practices and reduce cost and development
redundancies.
(9) National certification systems promote quality and
encourage educational institutions to modernize programs to
ensure graduates pass industry-required exams.
(10) National certification based on industry-validated
skill standards introduces stricter accountability for
technical and vocational education programs.
(11) Certification signals value to employers and increases
applicants' employability.
(12) Certification offers a planned skill development route
into employment or professional advancement for working adults
and displaced workers.
(13) The National Science Foundation's Advanced
Technological Education Program, authorized by Congress in
1992, has created national centers of excellence at community
colleges that have established unique linkages with industry to
prepare individuals for the technical workforce under the
program.
(14) The Advanced Technological Education Program should be
expanded to all institutions of higher education, as the Nation
should invest more resources in training and education programs
that are responsive to marketplace needs.
(15) The one-stop delivery systems authorized under the
Workforce Investment Act of 1998 have proved to be effective
providers of information and resources for job seekers.
(16) The one-stop delivery systems offer special
opportunities for directing displaced workers to certification
programs that build skills for technical fields where rewarding
jobs are plentiful.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To increase the numbers of workers educated for
employment in high technology industries.
(2) To align the technical and vocational programs of
educational institutions with the workforce needs of high-
growth, next generation industries.
(3) To offer individuals expanded opportunities for rapid
training and retraining in portable skills needed to keep and
change jobs in a volatile economy.
(4) To provide United States businesses with adequate
numbers of skilled technical workers.
(5) To encourage a student's or worker's progress toward an
advanced degree while providing training, education, and useful
credentials for workforce entry or reentry.
SEC. 4. SKILL CERTIFICATION PILOT PROJECTS.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(e) Skill Certification Pilot Projects.--
``(1) Pilot projects.--In accordance with subsection (b),
the Secretary of Labor shall establish and carry out not more
than 20 pilot projects to establish a system of industry-
validated national certifications of skills, including--
``(A) not more than 16 national certifications of
skills in high-technology industries, including
biotechnology, telecommunications, highly automated
manufacturing (including semiconductors), advanced
materials technology, nanotechnology, and energy
technology (including technology relating to next-
generation lighting); and
``(B) not more than 4 cross-disciplinary national
certifications of skills in homeland security
technology.
``(2) Grants to eligible entities.--In carrying out the
pilot projects, the Secretary of Labor shall make grants to
eligible entities, for periods of not less than 36 months and
not more than 48 months, to carry out the authorized activities
described in paragraph (7) with respect to the certifications
described in paragraph (1).
``(3) Eligible entities.--
``(A) Definition of eligible entity.--In this
subsection, the term `eligible entity' means an entity
that shall include as a principal participant one or
more of the following:
``(i) An institution of higher education
(as defined in section 101 or 102 of the Higher
Education Act of 1965 (20 U.S.C. 1001, 1002)).
``(ii) An advanced technology education
center.
``(iii) A local workforce investment board.
``(iv) A representative of a business in a
target industry for the certification involved.
``(v) A representative of an industry
association, labor organization, or community
development organization.
``(B) History of demonstrated capability
required.--To be eligible to receive a grant under this
subsection, an eligible entity shall have a history of
demonstrated capability for effective collaboration
with industry on workforce development activities that
is consistent with the goals of this Act.
``(4) Applications.--To be eligible to receive a grant
under this subsection, an eligible entity shall submit an
application to the Secretary of Labor at such time, in such
manner, and containing such information as the Secretary may
require.
``(5) -Criteria.--The Secretary of Labor shall establish
criteria, consistent with paragraph (6), for awarding grants
under this subsection.
``(6) Priority.--In selecting eligible entities to receive
grants under this subsection, the Secretary of Labor shall give
priority to eligible entities that demonstrate the availability
of and ability to provide matching funds from industry or
nonprofit sources. Such matching funds may be provided in cash
or in kind.
``(7) Authorized activities.--
``(A) In general.--An eligible entity that receives
a grant under this subsection shall use the funds made
available through the grant--
``(i) to establish certification
requirements for a certification described in
paragraph (1) for an industry;
``(ii) to develop and initiate a
certification program that includes preparatory
courses, course materials, procedures, and
examinations, for the certification; and
``(iii) to collect and analyze data related
to the program at the program's completion, and
to identify best practices (consistent with
paragraph (8)) that may be used by local and
State workforce investment boards in the
future.
``(B) Basis for requirements.--The certification
requirements shall be based on applicable skill
standards for the industry involved that have been
developed by or linked to national centers of
excellence under the National Science Foundation's
Advanced Technological Education Program. The
requirements shall require an individual to demonstrate
an identifiable set of competencies relevant to the
industry in order to receive certification. The
requirements shall be designed to provide evidence of a
transferable skill set that allows flexibility and
mobility of workers within a high technology industry.
``(C) Relationship to training and education
programs.--The eligible entity shall ensure that--
``(i) a training and education program
related to competencies for the industry
involved, that is flexible in mode and
timeframe for delivery and that meets the needs
of those seeking the certification, is offered;
and
``(ii) the certification program is offered
at the completion of the training and education
program.
``(D) Relationship to the associate degree.--The
eligible entity shall ensure that the certification
program is consistent with the requirements for a 2-
year associate degree.
``(E) Availability.--The eligible entity shall
ensure that the certification program is open to
students pursuing associate degrees, employed workers,
and displaced workers.
``(8) Consultation.--The Secretary of Labor shall consult
with the Director of the National Science Foundation and the
Secretary of Education to ensure that the pilot projects build
on the expertise and information about best practices gained
through the implementation of the National Science Foundation's
Advanced Technological Education Program.
``(9) Core components; guidelines; reports.--After
collecting and analyzing the data obtained from the pilot
programs, the Secretary of Labor shall--
``(A) establish the core components of a model
high-technology certification program;
``(B) establish guidelines to assure development of
a uniform set of standards and policies for such
programs;
``(C) submit and prepare a report on the pilot
projects to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives; and
``(D) make available to the public both the data
and the report.
``(10) Authorization of appropriations.--In addition to
amounts authorized to be appropriated under section 174(b),
there is authorized to be appropriated $60,000,000 for fiscal
year 2005 to carry out this subsection.''. | Workforce Investment for Next-Generation Technologies Act - WING Act - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to carry out up to twenty pilot projects to establish a system of industry-validated national certifications of skills in: (1) up to sixteen high-technology industries; and (2) up to four cross-disciplinary national certification of skills in homeland security technology.
Includes among the high-technology industries: biotechnology, telecommunications, highly automated manufacturing (including semiconductors), advanced materials technology, nanotechnology, and energy technology (including technology relating to next-generation lighting).
Directs the Secretary to make three-to-four year grants for such projects to eligible entities with one or more of the following as a primary participant: (1) an institution of higher education; (2) an advanced technology education center; (3) a local workforce investment board; (4) a representative of a business in a target industry for the certification involved; or (5) a representative of an industry association, labor organization, or community development organization.
Requires each certification program to be: (1) offered at the completion of, and in addition to, a training and education program which is related to the industry competencies involved and which is offered in a flexible manner that meets the needs of those seeking certification; and (2) consistent with the requirements for a two-year associate degree. | {"src": "billsum_train", "title": "A bill to amend the Workforce Investment Act of 1998 to authorize the Secretary of Labor to provide for 5-year pilot projects to establish a system of industry-validated national certifications of skills in high-technology industries and a cross-disciplinary national certification of skills in homeland security technology."} | 1,934 | 292 | 0.547788 | 1.858629 | 0.766206 | 3.5 | 6.917857 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Passenger Vessel
Development Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote construction and operation of
United States flag passenger vessels in the United States.
SEC. 3. INTERIM COASTWISE PASSENGER TRADE ENDORSEMENT.
(a) Endorsement Authorized.--Chapter 121 of title 46, United States
Code, is amended by inserting after section 12112 the following new
section:
``Sec. 12113. Interim coastwise passenger trade endorsement
``(a) Before December 31, 2000, a certificate of documentation for
a passenger vessel may be endorsed with an interim coastwise passenger
trade endorsement, if the vessel is--
``(1) eligible for documentation under section 12102;
``(2) owned by, or demise chartered for at least 18 months
to, a citizen of the United States for purposes of issuing a
certificate of documentation with an interim coastwise
passenger trade endorsement under section 2(e) of the Shipping
Act, 1916 (46 App. U.S.C. 802(e));
``(3) at least 250 gross tons (as measured under chapter
143 of this title) and has at least 175 berths; and
``(4) not a ferry.
``(b) As a condition of issuing an interim coastwise passenger
trade endorsement for a vessel, the Secretary shall require the owner
or charterer of the vessel to enter into one or more contracts for the
construction in the United States of one or more vessels having a total
berthing capacity that is at least 80 percent of the capacity of the
vessel for which the endorsement is issued.
``(c) A vessel with a certificate of documentation with an interim
coastwise passenger trade endorsement may be employed in the coastwise
trade in the carriage of passengers.
``(d) On termination of a demise charter required under subsection
(a)(2)(B) for a vessel, an interim coastwise passenger trade
endorsement for the vessel may be continued for a period not to exceed
6 months on any terms and conditions that the Secretary of
Transportation may prescribe.
``(e)(1) An interim coastwise passenger trade endorsement issued
for a vessel under subsection (a) expires--
``(A) on the date that is 12 months after the date of
issuance of the endorsement, if the owner or demise charter of
the vessel fails to submit to the Secretary before the end of
that 12-month period a letter that--
``(i) states the interest of the owner or demise
charter, respectively, and a representative of a
shipyard in the United States to enter into a contract
for the construction in the shipyard of at least one
passenger vessel that has a total berthing capacity
that is at least equivalent to 80 percent of the
berthing capacity of the vessel for which the
endorsement is issued; and
``(ii) is signed by the owner or demise charterer,
respectively, and the representative;
``(B) on the date that is 24 months after the date of
issuance of the endorsement, if the owner or demise charterer
of the vessel does not enter into a contract before the end of
that 24-month period for the construction in the United States
of one or more passenger vessels described in subparagraph
(A)(i);
``(C) on the date that is 3 years after the date of
issuance of the endorsement, if construction of such a vessel
under the contract is not begun before the end of that 3-year
period; and
``(D) on the date that is 180 days after the date of
delivery of a vessel for which construction is completed
pursuant to the contract.
``(2) The Secretary may extend the period applicable under
paragraph (1)(B) or (C), or both, for not more than 6 months.
``(f) An interim coastwise passenger trade endorsement for a vessel
shall prohibit the operation of the vessel in any trade that is served
by another passenger vessel of at least 250 gross tons and having at
least 175 berths that is documented under section 12106 of this title,
unless the owner or charterer of the vessel so operated is also the
owner of the other vessel having the endorsement.
``(g) Except as provided in this section, section 2113(b) of this
title, or section 2(e) or 9(e) of the Shipping Act, 1916, a vessel with
an interim coastwise passenger trade endorsement shall comply with all
requirements applicable to a comparable passenger vessel that is
otherwise documented under the laws of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 121 of title 46, United States Code, is amended by inserting
after the item relating to section 12112 the following:
``12113. Interim coastwise trade endorsement.''.
(c) Notice to Secretary of Reflagging.--Section 9 of the Shipping
Act, 1916 (46 App. U.S.C. 808) is amended--
(1) in subsection (c) by inserting ``subsection (e),''
after ``Except as provided in''; and
(2) by adding at the end the following:
``(e) Notwithstanding subsection (c), a person may place under a
foreign registry or operate under the authority of a foreign country,
without approval of the Secretary of Transportation, any vessel with an
interim coastwise passenger trade endorsement under section 12113 of
title 46, United States Code, if the person notifies the Secretary of
that action--
``(1) before the 60-day period ending on the date that
action is taken; and
``(2) within 12 months after--
``(A) the issuance of the interim coastwise
passenger trade endorsement, or
``(B) the beginning of construction of the
replacement vessels required for that issuance under
section 12113 of title 46, United States Code.''.
SEC. 4. SOLAS CONSTRUCTION STANDARDS.
Section 2113 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``If''; and
(2) by adding at the end the following new subsection:
``(b) A documented vessel with an interim coastwise passenger trade
endorsement--
``(1) is deemed to comply with parts B, C, and J of this
title if the vessel meets the standards for passenger vessel
construction for safety of life at sea issued under the
International Maritime Organization convention to which the
United States is a party; and
``(2) shall be issued by the Secretary the appropriate
inspection, load line, and tonnage certificates if that vessel
meets those standards.''.
SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.
Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is
amended by adding at the end the following:
``(e) For purposes of issuing a certificate of documentation with
an interim coastwise passenger trade endorsement or a coastwise
endorsement for transporting passengers in the coastwise trade under
chapter 121 of title 46, United States Code, the controlling interest
in a corporation is deemed to be owned or demise chartered by citizens
of the United States if at least 51 percent of its stock is vested in
citizens of the United States free from any trust or fiduciary
obligation in favor of any person not a citizen of the United
States.''.
SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.
Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271(b)) is amended by striking ``passenger cargo'' and inserting
``passenger, cargo,''.
SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.
(a) Priority.--Notwithstanding any other provision of law, the
Secretary of Commerce may not permit a person to operate a vessel in
any unit of the National Park System except in accordance with the
following priority:
(1) First, any person that will operate a vessel that is
documented under the laws of, and the home port of which is
located in, the United States.
(2) Second, any person that will operate a vessel--
(A) that is documented under the laws of a foreign
country, and
(B) which on the date of the enactment of this Act
is permitted to be so operated.
(3) Third, any person that will operate a vessel other than
a vessel described in paragraph (1) or (2).
(b) Revocation of Permits for Foreign-Documented Vessels.--The
Secretary of Commerce shall revoke permission granted by the Secretary
for the operation of a vessel documented under the laws of a foreign
country in a unit of the National Park System, if--
(1) a person requests permission to operate a vessel
documented under the laws of the United States in that unit;
(2) the permission may not be granted because of a limit on
the number of permits that may be issued for that operation. | United States Passenger Vessel Development Act - Amends Federal shipping law to authorize endorsement of a certificate of documentation for an eligible passenger vessel with an interim coastwise passenger trade endorsement if it is: (1) owned by, or demise chartered for at least 18 months to, a U.S. citizen; (2) at least 250 gross tons, with at least 175 berths; and (3) not a ferry.
Conditions issuance of such an endorsement on the vessel owner's or charterer's entering into one or more contracts for the construction in the United States of one or more vessels having a total berthing capacity at least 80 percent of the capacity of the vessel for which the endorsement is issued. Conditions renewal of such endorsements on specified progress in vessel construction.
Requires an interim coastwise passenger trade endorsement to prohibit the operation of the vessel in any trade served by another documented passenger vessel of at least 250 gross tons and having at least 175 berths, unless the owner or operator of the vessel so operated is also the owner or operator of the other vessel having the endorsement.
Amends the Shipping Act, 1916 to authorize a person to place under a foreign registry or operate under the authority of a foreign country, without the Secretary of Transportation's approval, any vessel with an interim coastwise passenger trade endorsement if such person notifies the Secretary within certain deadlines.
Amends Federal shipping law to require the Secretary to issue the appropriate inspection, load line, and tonnage certificates to any documented vessel with an interim coastwise passenger trade endorsement that meets the standards for passenger vessel construction for safety of life at sea (SOLAS) issued under the International Maritime Organization convention to which the United States is a party.
Amends the Shipping Act, 1916 to define U.S. citizenship of a corporation for purposes of documentation with an interim coastwise passenger trade endorsement as the vesting of at least 51 percent of the corporation's stock in U.S. citizens free from any trust or fiduciary obligation in favor of any non-citizen.
Prohibits the Secretary of Commerce from permitting a person to operate a vessel in any unit of the National Park System except in accordance with a specified priority giving first place to U.S.-documented vessels. Requires the Secretary to revoke permission for operation of a foreign-documented vessel if: (1) a person requests permission to operate a U.S.-documented vessel; and (2) the permission may not be granted because the number of permits that may be issued is limited. | {"src": "billsum_train", "title": "United States Passenger Vessel Development Act"} | 2,029 | 558 | 0.735191 | 2.355938 | 0.735966 | 5.069915 | 3.96822 | 0.913136 |
SECTION 1. TAX ON OUTDOOR ADVERTISING.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to income taxes) is amended by adding at the end
the following:
``PART VIII--OUTDOOR ADVERTISING
``Sec. 59B. Outdoor advertising.
``SEC. 59B. OUTDOOR ADVERTISING.
``(a) Imposition of Tax.--There is hereby imposed a tax equal to 15
percent of the gross income received or accrued by any person from the
lease of any taxable outdoor advertising display. Such tax shall be in
addition to any other tax imposed by this subtitle.
``(b) Taxable Outdoor Advertising Display.--For purposes of this
section, the term `taxable outdoor advertising display' means any
outdoor advertising display (as defined by section 1033(g)(3)(C)) other
than such a display having 32 square feet or less of advertising
space.''.
(b) Technical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following:
``Part VIII. Outdoor advertising.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 2. OUTDOOR ADVERTISING PROGRAM TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to Trust Fund Code) is amended by adding at the
end the following:
``SEC. 9512. OUTDOOR ADVERTISING PROGRAM TRUST FUND.
``(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the `Outdoor
Advertising Program Trust Fund', consisting of such amounts as may be
appropriated or credited to the trust fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--There are appropriated to the
Outdoor Advertising Program Trust Fund amounts equivalent to the
revenues received in the Treasury from the tax imposed by section 59B.
``(c) Expenditures From Trust Fund.--The Secretary of the Treasury
shall transfer from the Outdoor Advertising Program Trust Fund to the
Secretary of Transportation such amounts as the Secretary of
Transportation determines are necessary to carry out section 131 of
title 23, United States Code.''.
(b) Technical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following:
``Sec. 9512. Outdoor Advertising Program
Trust Fund.''.
SEC. 3. CONTROL OF OUTDOOR ADVERTISING.
Section 131 of title 23, United States Code, is amended--
(1) in subsection (d)--
(A) by striking ``(d) In'' and inserting the
following:
``(d) Industrial and Commercial Areas.--
``(1) In general.--In'';
(B) in the first sentence of paragraph (1) (as so
designated), by striking ``, or in unzoned'' and all
that follows through ``Secretary''; and
(C) by adding at the end the following:
``(2) Limitation on new signs.--
``(A) In general.--Subject to this paragraph, no
new sign, display, or device may be erected under
paragraph (1) after the date of enactment of this
paragraph.
``(B) Applicability of just compensation
requirements.--Except as provided in subparagraph (C),
just compensation under subsection (g) shall not be
paid upon the removal of any sign, display, or device
lawfully erected under State law after the date of
enactment of this paragraph.
``(C) Exception.--
``(i) In general.--Subject to clause (ii),
a State may permit a person, at the person's
option, to erect in the State a sign, display,
or device in accordance with the requirements
of paragraph (1) upon removal without payment
of just compensation under subsection (g) of a
sign, display, or device lawfully erected under
this subsection.
``(ii) Statewide limitation.--The total
number of signs, displays, and devices erected
and maintained under this subsection in a State
shall not exceed the total number of signs,
displays, and devices lawfully erected before
the date of enactment of this paragraph under
this subsection in the State and in existence
on that date.'';
(2) in the first sentence of subsection (g), by striking
``and not permitted under subsection (c) of this section,
whether or not removed pursuant to or because of this section''
and inserting ``and removed under this section'';
(3) in subsection (k), by striking ``Subject to compliance
with subsection (g) of this section for the payment of just
compensation, nothing'' and inserting ``Nothing'';
(4) in subsection (m), by striking the first and second
sentences and inserting the following: ``There are appropriated
from the Outdoor Advertising Program Trust Fund established by
section 9512 of the Internal Revenue Code of 1986 such sums as
are necessary to carry out this section.'';
(5) by redesignating subsection (t) as subsection (v); and
(6) by inserting after subsection (s) the following:
``(t) State Inventory of Outdoor Advertising Signs, Displays, and
Devices.--
``(1) Requirement.--For the purpose of subsection (b), a
State shall not be considered to have made provision for
effective control of the erection and maintenance of outdoor
advertising signs, displays, and devices unless the State
maintains, and annually submits to the Secretary, an inventory
of all outdoor advertising signs, displays, and devices in the
State for which the effective control is required under this
section, including a specification of whether each sign,
display, or device is illegal, nonconforming, or conforming
under State law.
``(2) State scenic byways.--The State inventory required by
paragraph (1) shall identify each sign, display, or device
described in paragraph (1) that is located along a highway on
the Interstate System or Federal-aid primary system designated
as a scenic byway under a program of the State described in
subsection (s).
``(3) Use of state inventories.--The Secretary shall use
the State inventories submitted under this subsection to ensure
compliance with subsection (d)(2)(C)(ii) and to carry out this
section.
``(u) Limitation on Vegetation Removal.--For the purpose of
subsection (b), a State shall not be considered to have made provision
for effective control of the erection and maintenance of outdoor
advertising signs, displays, and devices if the State carries out or
permits the removal of vegetation in, or other alteration of, a right-
of-way referred to in subsection (b) for the purpose of improving the
visibility of any outdoor advertising sign, display, or device located
outside the right-of-way.''. | Amends the Internal Revenue Code to: (1) impose a tax equal to 15 percent of the gross income received from the lease of any taxable outdoor advertising display; and (2) establish in the Treasury the Outdoor Advertising Program Trust Fund into which the revenues collected from the imposition of such tax shall be deposited.
Amends Federal aid highway law to repeal a provision which allows outdoor advertising to be placed within a certain distance of unzoned commercial or industrial areas on or near the Interstate and primary highway systems. Prohibits: (1) any new sign, display, or device from being erected after the enactment of this Act in specified areas adjacent to such systems; and (2) compensation from being paid for the removal of such signs and related advertising, with exceptions.
Requires funds for the control of outdoor advertising to be appropriated from the Fund. (Currently, such funds are authorized to be appropriated from the Treasury.)
Provides that a State shall not be considered to have made provision for effective control of the erection and maintenance of signs along the Interstate and primary systems: (1) unless it maintains and annually submits to the Secretary of Transportation an inventory of all State signs for which such control is required; and (2) if it carries out or permits the removal of vegetation in, or alteration of, certain rights-of-way in order to improve the visibility of any sign located outside a right-of-way.
Requires such State inventory to identify each sign that is located along a system highway designated as a scenic byway. | {"src": "billsum_train", "title": "A bill to improve the control of outdoor advertising in areas adjacent to the Interstate System, the National Highway System, and certain other federally assisted highways, and for other purposes."} | 1,631 | 333 | 0.583007 | 1.721382 | 0.664497 | 2.967532 | 4.727273 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Lung Cancer Research and
Preventive Services Act of 2016''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In the United States, an average of 198 women die each
day of lung cancer, one every 7 minutes.
(2) Lung cancer is the leading cause of cancer death among
women.
(3) The National Cancer Institute estimates that in 2016,
71,600 women will die of lung cancer, more than the combined
total of all estimated deaths from breast cancer (40,450),
ovarian cancer (14,240), cervical cancer (4,120), uterine
cancer (10,470) and other gynecologic cancers (1,990).
(4) Two-thirds of never-smokers diagnosed with lung cancer
are women; lung cancer in never-smokers is the sixth leading
cause of all cancer deaths.
(5) According to a report of the Surgeon General in 2014
entitled, ``The Health Consequences of Smoking--50 Years of
Progress'', the relative risk of women smokers developing lung
cancer compared to women who never smoked increased tenfold
between 1965 and 2010.
(6) Women are at greater risk than men of being diagnosed
with lung cancer at young ages.
(7) Women smokers with BRCA2 mutations, more commonly
associated with breast cancer, have a 1 in 4 risk of developing
lung cancer.
(8) A Government Accountability Office report published on
October 22, 2015, called for the National Institutes of Health
to do more in evaluating gender differences in research.
(9) Additional research strategies and clinical trials are
necessary to explore the differences in lung cancer risk
factors, incidence, and treatment response in women, and to
address the disparate impact of lung cancer on women who have
never smoked.
(10) Lung cancer screening, which can detect lung cancer at
its earliest, most curable stage, is a covered service
available without cost-sharing for those at high risk.
(11) Published peer-reviewed actuarial studies indicate
that lung cancer screening individuals at high risk is cost-
effective.
(12) The National Framework of Excellence in Lung Cancer
Screening and Continuum of Care, launched in 2012, demonstrated
that lung cancer screening can be safely and effectively
carried out in community hospital settings around the Nation.
(13) Lung cancer screening research indicates that the same
technology used to screen for lung cancer could be used to
simultaneously screen for early breast, heart, and lung
diseases, which together constitute more than 50 percent of
deaths among women in the United States.
(14) Information on the impact of lung cancer on women and
the importance of early detection should be incorporated into
all public health awareness campaigns.
SEC. 3. SENSE OF CONGRESS CONCERNING WOMEN AND LUNG CANCER.
It is the sense of Congress that--
(1) there is a disparate impact of lung cancer on women
and, in particular, on women who have never smoked;
(2) additional research strategies to explore the
differences in women with respect to lung cancer risk factors,
incidence, histology, and response to treatment are justified
and necessary;
(3) the implementation of lung cancer preventive services
for women should be accelerated; and
(4) the public health agencies of the Federal Government
should coordinate public education and awareness programs on
the impact of lung cancer on women and the importance of early
detection.
SEC. 4. STUDY TO EVALUATE AND MAKE RECOMMENDATIONS FOR THE ACCELERATION
OF RESEARCH ON WOMEN AND LUNG CANCER, GREATER ACCESS TO
PREVENTIVE SERVICES, AND STRATEGIC PUBLIC AWARENESS AND
EDUCATION CAMPAIGNS.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Defense and Secretary of Veterans
Affairs, shall conduct an interagency study to evaluate the status of,
and make recommendations for increased--
(1) research on women and lung cancer;
(2) access to lung cancer preventive services; and
(3) strategic public awareness and education campaigns on
lung cancer.
(b) Content.--The study and recommendations under subsection (a)
shall include--
(1) a review and comprehensive report on the outcomes of
previous research, the status of existing research activities,
and knowledge gaps related to women and lung cancer in all
agencies of the Federal Government;
(2) specific recommendations for a collaborative,
interagency, multidisciplinary, and innovative research
program, that would--
(A) encourage innovative approaches to eliminate
knowledge gaps in research;
(B) evaluate environmental and genomic factors that
may be related to the etiology of lung cancer in women;
and
(C) foster advances in imaging technology to
improve risk assessment, diagnosis, treatment, and the
simultaneous application of other preventive services;
(3) recommendations for the development of a national lung
cancer screening strategy with sufficient infrastructure and
personnel resources to expand access to such screening,
particularly among underserved populations; and
(4) recommendations for the development of a national
public education and awareness campaign on women and lung
cancer and the importance of early detection of lung cancer.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the study conducted under subsection
(a). | Women and Lung Cancer Research and Preventive Services Act of 2016 This bill requires the Department of Health and Human Services to conduct an interagency study regarding research on lung cancer in women, access to lung cancer preventive services, and public awareness and education campaigns on lung cancer. The study must include a comprehensive report on research and knowledge gaps related to lung cancer in women in the federal government and recommendations for: (1) a research program that would encourage innovative approaches to eliminate knowledge gaps, (2) the development of a national lung cancer screening strategy with sufficient resources to expand access to screening, and (3) the development of a national public education and awareness campaign on lung cancer in women and the importance of early detection of lung cancer. | {"src": "billsum_train", "title": "Women and Lung Cancer Research and Preventive Services Act of 2016"} | 1,144 | 148 | 0.55454 | 1.490739 | 0.711312 | 4.251748 | 7.706294 | 0.951049 |
.
Section 512(c)(1) (21 U.S.C. 360b(c)(1)) is amended--
(1) in the first sentence--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(B) by inserting ``(A)'' after ``(1)'';
(2) in the second sentence, by striking ``If'' and
inserting the following:
``(C) If''; and
(3) by inserting after subparagraph (A) (as designated by
paragraph (1)(B)) the following new subparagraph:
``(B)(i) At any time prior to the issuance of the notice under
subparagraph (A)(ii), the applicant may, in writing, notify the
Secretary that an impasse exists in the review of the application with
respect to a specifically identified issue that is preventing the
issuance of an order under subparagraph (A)(i).
``(ii) On receipt of the notification from the applicant, the
Secretary shall refer the disputed issue--
``(I) to an existing (as of the date of the notification)
scientific advisory panel having expertise related to the
issue;
``(II) to a special Government employee, as defined in
section 202(a) of title 18, United States Code, or to a
nongovernmental person qualified to mediate or arbitrate the
substance of such impasse who is acceptable to the Secretary
and the applicant.
``(iii) The applicant and representatives of the Secretary may
consult with the committee, special Government employee, or
nongovernmental person on the matter referred. The committee, special
Governmental employee, or nongovernmental person shall submit to the
Secretary and the applicant a report containing recommendations
(including a statement of reasons for the recommendations) regarding
the matter not later than 60 days after the date of the referral, or
not later than 90 days after the date of the referral if the committee,
special Governmental employee, or nongovernmental person considers the
additional 30 days to be necessary. Not later than 30 days after the
date of receiving the report, the Secretary shall, in writing, confirm
or modify the recommendations received, providing reasons and reference
to data before the committee, special Governmental employee, or
nongovernmental person for any modification.
``(iv) The Federal Advisory Committee Act shall not apply to any
scientific advisory panel acting under this subparagraph.''.
SEC. 204. LIMITATION ON RESIDUES.
Section 512(d)(1)(F) (21 U.S.C. 360b(d)(1)(F)) is amended to read
as follows:
``(F) on the basis of information submitted to the
Secretary as part of the application or any other information
before the Secretary with respect to such drug, any use
prescribed, recommended, or suggested in labeling proposed for
such drug will result in a residue of such drug in excess of a
tolerance found by the Secretary to be safe for such drug;''.
SEC. 205. VETERINARY FEED DIRECTIVES.
(a) Section 503(f)(1)(A) (21 U.S.C. 353(f)(1)(A)) is amended by
inserting after ``other than man'' the following: ``, other than a
veterinary feed directive drug intended for use in animal feed or an
animal feed bearing or containing a veterinary feed directive drug,''.
(b) Chapter V is amended by inserting after section 503 the
following new section:
``veterinary feed directive drugs
``Sec. 504. (a)(1) A drug intended for use in or on animal feed
which is limited by an approved application filed pursuant to section
512(b) to use under the professional supervision of a licensed
veterinarian is a veterinary feed directive drug. Any animal feed
bearing or containing a veterinary feed directive drug shall be fed to
animals only by or upon the lawful veterinary feed directive issued by
a licensed veterinarian in the course of the veterinarian's
professional practice. When labeled, distributed, held, and used in
accordance with this section, a veterinary feed directive drug and any
animal feed bearing or containing a veterinary feed directive drug
shall be exempt from section 502(f).
``(2) A veterinary feed directive is lawful if it--
``(A) contains such information as the Secretary may by
general regulation or by order require; and
``(B) is in compliance with the conditions and indications
for use of the drug set forth in the notice published pursuant
to section 512(i).
``(3)(A) Any persons involved in the distribution or use of animal
feed bearing or containing a veterinary feed directive drug and the
licensed veterinarian issuing the veterinary feed directive shall
maintain a copy of the veterinary feed directive applicable to each
such feed, except in the case of a person distributing such feed to
another person for further distribution, such person distributing the
feed shall maintain a written acknowledgement from the person to whom
the feed is shipped stating that that person shall not ship or move
such feed to an animal production facility without a veterinary feed
directive or ship such feed to another person for further distribution
unless that person has provided the same written acknowledgement to its
immediate supplier.
``(B) Every person required under subparagraph (A) to maintain
records, and every person in charge or custody thereof, shall, upon
request of an officer or employee designated by the Secretary, permit
such officer or employee at all reasonable times to have access to and
copy and verify such records.
``(C) Any person who distributes animal feed bearing or containing
a veterinary feed directive drug shall upon first engaging in such
distribution notify the Secretary of that person's name and place of
business. The failure to provide such notification shall be deemed to
be an act which results in the drug being misbranded.
``(b) A veterinary feed directive drug and any feed bearing or
containing a veterinary feed directive drug shall be deemed to be
misbranded if their labeling fails to bear such cautionary statement
and such other information as the Secretary may by general regulation
or by order prescribe, or their advertising fails to conform to the
conditions and indications for use published pursuant to section 512(i)
or fails to contain the general cautionary statement prescribed by the
Secretary.
``(c) Neither a drug subject to this section, nor animal feed
bearing or containing such a drug, shall be deemed to be a prescription
article under any Federal or State law.''.
(c) Section 512 (21 U.S.C. 360b) is amended--
(1) in subsection (i), by inserting after ``including
special labeling requirements'' the following: ``and any
requirement that an animal feed bearing or containing the new
animal drug be limited to use under the professional
supervision of a licensed veterinarian'';
(2) in subsection (a)(2)(C), by inserting after ``its
labeling,'' the following: ``its distribution, its holding,'';
and
(3) in subsection (m)(4)(B)(i)--
(A) by inserting after ``paragraph (5)(A)'' the
following: ``or under section 504(a)(3)(A)''; and
(B) by inserting after ``subparagraph (B) of such
paragraph'' the following: ``or section 504(a)(3)(B)''.
(d) Section 301(e) (21 U.S.C. 331(e)) is amended--
(1) by inserting after ``by section 412'' the following:
``, 504,''; and
(2) by inserting after ``under section 412,'' the
following: ``504,''. | TABLE OF CONTENTS:
Title I: Food Amendments
Title II: Animal Drugs
Food Amendments and the Animal Drug Availability Act of 1996 -
Title I: Food Amendments
- Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to state the mission of the Food and Drug Administration.
(Sec. 102) Modifies requirements regarding label claims of a relationship between a nutritional ingredient and a health-related condition.
(Sec. 104) Prohibits construing FDCA provisions relating to misbranding or food additives to require a separate disclosure of a method of production or an ingredient other than in the statement of ingredients, unless necessary to protect the public health.
(Sec. 105) Allows certain labeling and additive (including color additive) petitions to be submitted to an accredited person and deems the person's recommendation to be a decision of the Secretary of Health and Human Services unless the Secretary makes certain findings. Provides for accreditation.
(Sec. 107) Allows an additive in feed for food-producing animals, and allows approval of a new animal drug, if the additive or drug presents a small risk (currently, if the additive will not adversely affect the animals and if no residue will be found in food from the animal).
(Sec. 108) Prohibits States and subdivisions from having any requirement for a human food, a drug or biological product, or a cosmetic of the type authorized or required under the adulteration, misbranding, or new drug provisions of the FDCA, subject to exception and waiver.
(Sec. 109) Directs the Secretary to regularly meet with other countries regarding reducing regulation and seeking reciprocal arrangements.
(Sec. 110) Prohibits the Secretary from relying on statements that have not been promulgated in accordance with Federal rulemaking requirements to require any action to be taken to satisfy an FDCA requirement.
(Sec. 111) Amends the FDCA and the Federal Trade Commission Act to remove or repeal provisions regulating the sale, public eating place serving, and advertising of colored oleomargarine or colored margarine. Repeals related definitions.
Title II: Animal Drugs
- Amends the FDCA to revise the definition (for new animal drug provisions) of "substantial evidence." Modifies requirements regarding approval of supplemental applications. Exempts use in a minor species and the minor use of a drug from provisions prohibiting approval if there is a lack of substantial evidence that the drug will have its purported effect. Revises requirements regarding combination drugs.
(Sec. 202) Reduces the period for approval of new animal drug applications.
(Sec. 203) Empowers applicants to declare that a review impasse exists. Sets forth a dispute resolution process.
(Sec. 204) Revises requirements regarding drug residues and tolerances.
(Sec. 205) Regulates animal feed drugs that are limited by approved applications to use under the supervision of a licensed veterinarian (veterinary feed directive drugs) (VFDDs).
Deems animal feed with a new animal drug unsafe unless its labeling, distribution, holding, and use (currently, its labeling and use) conform to specified FDCA requirements.
Allows withdrawal of approval for certain VFDD recordkeeping violations.
Adds to the prohibited acts list the refusal to permit record access as required by VFDD provisions and the failure to maintain records or make reports as required by VFDD provisions. | {"src": "billsum_train", "title": "Food Amendments and the Animal Drug Availability Act of 1996"} | 1,726 | 792 | 0.356672 | 1.218575 | 0.465434 | 1.019908 | 2.37366 | 0.655436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supply Our Soldiers Act of 2007''.
SEC. 2. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense, in consultation with the
United States Postal Service, shall provide for a program under which
postal benefits shall be provided to qualified individuals in
accordance with succeeding provisions of this Act.
(b) Qualified Individual.--For purposes of this Act, the term
``qualified individual'' means an individual who is--
(1) a member of the Armed Forces of the United States on
active duty (as defined in section 101 of title 10, United
States Code); and
(2)(A) serving in Iraq or Afghanistan; or
(B) hospitalized at a facility under the jurisdiction of
the Armed Forces of the United States as a result of a disease
or injury incurred as a result of service in Iraq or
Afghanistan.
(c) Postal Benefits Described.--
(1) In general.--The postal benefits provided under this
Act shall consist of such coupons or other similar evidence of
credit (whether in printed, electronic, or other format, and
hereinafter in this Act referred to as ``vouchers'') as the
Secretary of Defense (in consultation with the Postal Service)
shall determine, entitling the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--For purposes of this Act, the term
``qualified mailing'' means the mailing of a single mail piece
which--
(A) is described in subparagraph (A) or (B) of
paragraph (3);
(B) is sent from within an area served by a United
States post office; and
(C) is addressed to a qualified individual.
(3) Mail described.--Mail described in this paragraph is--
(A) any first-class mail (including any sound- or
video-recorded communication) not exceeding 13 ounces
in weight and having the character of personal
correspondence; and
(B) parcel post not exceeding 15 pounds in weight.
(4) Limitations.--
(A) Number.--An individual shall be eligible for 1
voucher for each month in which such individual is a
qualified individual.
(B) Use.--Any such voucher may not be used--
(i) for more than a single qualified
mailing; or
(ii) after the earlier of--
(I) the expiration date of such
voucher, as designated by the Secretary
of Defense; or
(II) the last day of the 1-year
period referred to in section 4.
(5) Coordination rule.--Postal benefits under this Act
shall be in addition to, and not in lieu of, any reduced rates
of postage or other similar benefits which might otherwise be
available by or under law, including any rates of postage
resulting from the application of section 3401(b) of title 39,
United States Code.
(d) Regulations.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense (in consultation with
the Postal Service) shall prescribe any regulations necessary to carry
out this Act, including--
(1) procedures by which vouchers will be provided or made
available in timely manner to persons duly identified by
qualified individuals to receive those vouchers; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any qualified
individual complies with subsection (c)(4)(A).
SEC. 3. FUNDING.
(a) In General.--There is authorized to be appropriated to the
Department of Defense a sum determined by the Department of Defense to
be equal to the expenses incurred by the Department in providing the
benefits described in section 2(c).
(b) Transfers to Postal Service.--
(1) Based on estimates.--The Department of Defense shall
transfer to the Postal Service, out of any amount so
appropriated and in advance of each calendar quarter during
which postal benefits under this Act may be used, an amount
equal to the amount of postal benefits that the Department of
Defense estimates will be used during such quarter, reduced or
increased (as the case may be) by any amounts by which the
Department finds that a determination under this section for a
prior quarter was greater than or less than the amount finally
determined for such quarter.
(2) Based on final determination.--A final determination of
the amount necessary to correct any previous determination
under this section, and any transfer of amounts between the
Postal Service and the Department of Defense based on that
final determination, shall be made not later than 6 months
after the end of the 1-year period referred to in section 4.
(c) Consultation Required.--All estimates and determinations under
this section of the amount of postal benefits under this Act used in
any period shall be made by the Department of Defense in consultation
with the Postal Service.
SEC. 4. DURATION.
The postal benefits under this Act shall apply with respect to mail
matter sent during the 1-year period beginning on the date on which the
regulations under section 2(d) take effect. | Supply Our Soldiers Act of 2007 - Directs the Secretary of Defense to provide for a program under which postal benefits are provided to a member of the Armed Forces who is on active duty and who is either: (1) serving in Iraq or Afghanistan; or (2) hospitalized at a military medical facility as a result of such service. Provides the postal benefits in the form of coupons or other evidence of credit (vouchers) to use for postal-free mailings. | {"src": "billsum_train", "title": "To provide for free mailing privileges for personal correspondence and parcels sent to members of the Armed Forces serving on active duty in Iraq or Afghanistan."} | 1,121 | 102 | 0.614519 | 1.538308 | 0.777666 | 3.076923 | 11.483516 | 0.901099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research for All Act of 2015''.
SEC. 2. SUFFICIENCY OF DESIGN AND SIZE OF CLINICAL TRIALS DURING
EXPEDITED REVIEW.
The Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall review and develop policies, as
appropriate, to ensure that the design and size of clinical trials for
products granted expedited approval pursuant to section 506 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) are sufficient to
determine the safety and effectiveness of such products for men and
women using subgroup analysis.
SEC. 3. EXPEDITED REVIEW OF DRUGS AND BIOLOGICAL PRODUCTS TO PROVIDE
SAFER OR MORE EFFECTIVE TREATMENT FOR MALES OR FEMALES.
(a) In General.--Section 506 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356) is amended by adding at the end the
following:
``(g) Expedited Review of Drugs and Biological Products To Provide
Safer or More Effective Treatment for Males or Females.--
``(1) Eligible product.--The Secretary shall, at the
request of the sponsor of a new drug, facilitate the
development and expedite the review of such drug if the drug--
``(A) is intended--
``(i) to avoid serious adverse events; or
``(ii) to treat a serious or life-
threatening disease or condition;
``(B) whether alone or in combination with one or
more other drugs or biological products, is intended
for safer or more effective treatment for men or women
than a currently available product approved to treat
the general population or the other sex; and
``(C) is supported by results of clinical trials
that include and separately examine outcomes for both
men and women.
``(2) Designation.--At the request of the sponsor of an
eligible product described in paragraph (1), the Secretary
shall designate the drug as an expedited product to provide
safer or more effective treatment for males or females.
``(3) Early and frequent communication.--The Secretary
shall, with respect to each expedited product designated under
this subsection, provide early and frequent communication and
review of incomplete applications to the same extent and in the
same manner as is provided under subsections (b) and (d).
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to lessen or otherwise alter the standard of
safety and effectiveness required for the approval or
licensing of drugs or biological products under section
505 of this Act or section 351 of the Public Health
Service Act; or
``(B) to authorize application of the provisions of
subsection (c) (relating to the use of surrogate
endpoints) to expedited products designated under this
subsection.''.
(b) Technical Corrections.--Subsection (f) of section 506 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) (relating to
awareness efforts), as designated by section 902(a) of Public Law 112-
144, is amended--
(1) in paragraph (1), by striking ``and and'' and inserting
``and''; and
(2) by moving such subsection (f) so that it follows
subsection (e) of such section 506.
SEC. 4. RESEARCH ON SEX DIFFERENCES.
(a) Inclusion in NIH Research.--
(1) In general.--Section 492B of the Public Health Service
Act (42 U.S.C. 289a-2) is amended--
(A) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(B) by inserting after subsection (a) the
following:
``(b) Inclusion of Sex Differences in Basic Research.--
``(1) Applicability to basic research.--
``(A) In general.--The Director of NIH shall
determine when it is appropriate for projects of basic
research involving cells, tissues or animals to include
both male and female cells, tissues, or animals.
``(B) Deadline for initial determination;
updates.--The Director of NIH--
``(i) shall make the initial determinations
required by subparagraph (A) not later than one
year after the date of enactment of the
Research for All Act of 2015; and
``(ii) may subsequently update or revise
such determinations as the Director determines
appropriate.
``(C) Consultation.--In making the initial
determinations required by subparagraph (A), the
Director of NIH--
``(i) shall consult with the Office of
Research on Women's Health, the Institute of
Medicine, the Office of Laboratory Animal
Welfare, and appropriate members of the
scientific and academic communities; and
``(ii) may conduct outreach and educational
initiatives within the scientific and academic
communities on the influence of sex as a
variable in basic research in order to develop
a consensus within such communities on when it
is appropriate for projects of basic research
involving cells, tissues or animals to include
both male and female cells, tissues, or
animals.
``(2) Inclusion.--Beginning on the date that is 1 year
after the date of enactment of the Research for All Act of
2015, in conducting or supporting basic research in accordance
with paragraph (1), the Director of NIH shall, subject to
paragraph (3), ensure that--
``(A) in the case of research on cells or tissues--
``(i) cells or tissues, as applicable, are
derived from both male and female organisms in
each project of such research; and
``(ii) the results are disaggregated
according to whether the cells or tissues are
derived from male or female organisms; and
``(B) in the case of animal research--
``(i) both male and female animals are
included as subjects in each project of such
research; and
``(ii) the results are disaggregated
according to whether the subjects are male or
female.
``(3) Exception.--Paragraph (2) shall not apply to a
project of basic research if the Director of NIH determines
that the inclusion of cells or tissues derived from both male
and female organisms, or the inclusion of both male and female
animals as subjects, as applicable, is inappropriate in the
case of such project.''.
(2) Design of research.--Subsection (d) of section 492B of
the Public Health Service Act (42 U.S.C. 289a-2), as
redesignated, is amended--
(A) by striking ``(d)'' and all that follows
through ``In the case'' and inserting the following:
``(d) Design of Research.--
``(1) Clinical trials.--In the case''; and
(B) by adding at the end the following:
``(2) Basic research.--In the case of basic research in
which cells or tissues derived from both male and female
organisms will be included in accordance with subsection
(b)(2)(A) or both male and female animals will be included as
subjects in accordance with subsection (b)(2)(B), the Director
of NIH shall ensure that sex differences are examined and
analyzed, as appropriate.''.
(3) Updating guidelines for clinical and basic research.--
Section 492B(f)(1) of the Public Health Service Act (42 U.S.C.
289a-2), as redesignated, is amended to read as follows:
``(1) Date certain; update.--The guidelines required in
subsection (e) regarding the requirements of this section for
clinical and basic research shall--
``(A) be updated and published in the Federal
Register not later than 1 year after the date of
enactment of the Research for All Act of 2015;
``(B) reflect the growing understanding that sex
differences matter;
``(C) ensure better enforcement of the requirements
of this section by the personnel of the agencies of the
National Institutes of Health responsible for reviewing
grant proposals; and
``(D) include guidance on when research strongly
supports or strongly negates the conclusion that there
is a significant difference in how the variables being
studied affect women or members of minority groups, as
the case may be, relative to how such variables affect
other subjects in the research.''.
(4) Applicability.--Section 492B(f)(2) of the Public Health
Service Act (42 U.S.C. 289a-2), as redesignated, is amended by
adding at the end the following: ``For fiscal year 2017 and
subsequent fiscal years, the Director of NIH may not approve
any proposal of basic research to be conducted or supported by
any agency of the National Institutes of Health unless the
proposal specifies the manner in which the research will comply
with this section.''.
(5) Conforming changes.--Section 492B of the Public Health
Service Act (42 U.S.C. 289a-2) is amended--
(A) in the heading of subsection (a), by striking
``Requirement of Inclusion'' and inserting ``Inclusion
in Clinical Research'';
(B) in subsection (a)(1), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(C) in subsection (e)(1)(A), as redesignated, by
striking ``subsection (b)'' and inserting ``subsection
(c)'';
(D) in subsection (e)(1)(B), as redesignated, by
striking ``subsection (c)'' and inserting ``subsection
(d)''; and
(E) in subsection (e)(2), as redesignated, by
striking ``subsection (b)'' and inserting ``subsection
(c)''.
(b) Biennial Reports of Director of NIH.--Subparagraph (C) of
section 403(a)(4) of the Public Health Service Act (42 U.S.C.
283(a)(4)) is amended--
(1) by redesignating clause (vi) as clause (vii); and
(2) by inserting after clause (v) the following:
``(vi) Basic research, including a
breakdown of the sex of organisms from which
cells and tissues are derived, a breakdown of
the sex of animal subjects, and such other
information as may be necessary to demonstrate
compliance with section 492B (regarding sex
differences in basic research).''.
(c) Special Centers of Research on Sex Differences.--Part H of
title IV of the Public Health Service Act is amended by inserting after
section 492B of such Act (42 U.S.C. 289a-2) the following:
``SEC. 492C. SPECIAL CENTERS OF RESEARCH ON SEX DIFFERENCES.
``The Secretary may award grants or other support to entities for
the continued operation and expansion of Special Centers of Research on
Sex Differences.''.
(d) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to lessen any standard or
requirement set forth in part 1, 2, or 3 of subchapter A of chapter I
of title 9, Code of Federal Regulations.
SEC. 5. GAO REPORTS.
Not later than 1 year after the date of enactment of the Research
for All Act of 2015, the Comptroller General of the United States
shall--
(1) submit to the Congress updated versions of the reports
of the Government Accountability Office entitled ``Women's
Health: NIH Has Increased Its Efforts To Include Women in
Research'' (published in May 2000; GAO/HEHS-00-96) and
``Women's Health: Women Sufficiently Represented in New Drug
Testing, But FDA Oversight Needs Improvement'' (published in
July 2001; GAO-01-754); and
(2) in such updated reports--
(A) examine the inclusion of women, female animals,
and female-derived cells and tissues in federally
funded research over the past decade;
(B) examine how Federal agencies report and analyze
subgroup information and translate any differences to
the medical community and patients;
(C) determine whether the quality of care which
women receive is being negatively impacted by inclusion
rates in basic and clinical research; and
(D) address current efforts within National
Institutes of Health and other government agencies to
encourage the sharing of research data on sex
differences and evaluate mechanisms to improve such
sharing, including a publicly accessible online system
that will conform with policies protecting commercial,
proprietary, or private information. | Research for All Act of 2015 This bill directs the Food and Drug Administration (FDA) to ensure that the clinical trials for products granted expedited approval to treat a serious or life-threatening condition are sufficient to determine the safety and effectiveness of the products for men and women using subgroup analysis. This bill amends the Federal Food, Drug, and Cosmetic Act to require the FDA, at the request of the drug sponsor, to facilitate development and expedite review of a new drug that is: intended to avoid serious adverse events or to treat a serious or life-threatening condition, intended for safer or more effective treatment for either men or women than a product approved to treat the general population or the other sex, and supported by results of clinical trials that separately examine outcomes for men and women. This bill amends the Public Health Service Act to require the National Institutes of Health (NIH) to ensure that, when appropriate, basic research projects include both male and female cells, tissues, or animals. In such projects, results must be disaggregated according to sex and sex differences must be examined and analyzed. NIH must update guidelines on inclusion of women and minorities in research. The Department of Health and Human Services may support the continued operation and expansion of Special Centers of Research on Sex Differences. The Government Accountability Office must update the reports entitled “Women's Health: NIH Has Increased Its Efforts To Include Women in Research” and “Women's Health: Women Sufficiently Represented in New Drug Testing, But FDA Oversight Needs Improvement,” and include specified examinations. | {"src": "billsum_train", "title": "Research for All Act of 2015"} | 2,856 | 374 | 0.655108 | 2.073349 | 0.744506 | 3.990033 | 8.445183 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Commemoration Act of
2000''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States is indebted to those who served this
nation in times of war.
(2) The United States must meet its obligations to
veterans.
(3) The Congress has the responsibility to fulfill those
obligations to veterans.
(4) The Congress recognizes the unique service that the
Disabled American Veterans' transportation program provides to
veterans.
(5) The Congress would like to offer the opportunity for
all persons to voluntarily participate in raising funds for the
transportation of veterans to and from veterans' hospitals.
(6) The Congress understands the importance of Executive
Order Numbered 5398, signed by President Herbert Hoover on July
21, 1930, which created the Veterans Administration at a time
when there were 54 hospitals, 4,700,000 living veterans, and
31,600 employees.
(7) It is appropriate to authorize coins commemorating the
service of veterans of the Armed Forces of the United States
and provide for the use of the proceeds of surcharges imposed
on the sale of the coins to fund the transportation of veterans
to and from hospitals administered by the Secretary of Veterans
Affairs.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--
(1) Designations.--The Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary'') shall mint and
issue not more than 500,000 $1 coins to commemorate veterans of
the United States Armed Services.
(2) Size, weight, and composition.--Each coin issued under
paragraph (1) 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 section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary may obtain silver for minting coins under this Act
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of each coin minted under this
Act shall be emblematic of the service of veterans of the Armed
Forces of 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 ``2005''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Disabled American Veterans and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2005.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2005.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 8(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 8. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10.
(b) Distribution.--All surcharges received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary, in accordance with section 5134(f)(1) of title 31, United
States Code, to the Disabled American Veterans for the purpose of
funding the transportation of veterans to and from hospitals
administered by the Secretary of Veterans Affairs.
(c) Audits.--The Disabled American Veterans shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code. | Mandates that the proceeds from sale surcharges be paid promptly to the Disabled American Veterans to fund the transportation of veterans to and from hospitals administered by the Secretary of Veterans Affairs. | {"src": "billsum_train", "title": "Veterans Commemoration Act of 2000"} | 1,219 | 39 | 0.468837 | 1.178626 | 0.264492 | 5.333333 | 32.969697 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counter-Narcotics Policy Review
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The consumption of narcotics in the United States is a
serious problem that is ravaging the United States, especially
America's youth.
(2) Despite the dedicated and persistent efforts of the
United States and other nations, international narcotics
trafficking and consumption remains a serious problem.
(3) The total eradication of international narcotics
trafficking requires a long-term strategy that necessitates
close international cooperation.
(4) The annual certification process relating to
international narcotics control under section 490 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is flawed
because--
(A) the process fails to enhance international
cooperation;
(B) the process reviews narcotics control efforts
only on an annual basis and fails to enumerate long-
term goals and objectives;
(C) the process is not a comprehensive review of
all countries that contribute to international
narcotics trafficking; and
(D) the process fails to account for the divergent
economic, political, and social circumstances of
countries under review which can influence the decision
by the United States to decertify a foreign nation,
thereby leading to unpredictability, non-transparency,
and lack of international credibility in the process.
(5) The problem of international narcotics trafficking is
not being effectively addressed by the annual certification
process under section 490 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291j).
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the High Level
Commission on International Narcotics Control (hereinafter referred to
as the ``Commission'').
SEC. 4. DUTIES.
The Commission shall conduct a review of the annual certification
process relating to international narcotics control under section 490
of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) to determine
the effectiveness of such process in curtailing international drug
trafficking, the effectiveness of such process in enhancing
international counter-narcotics cooperation, and the effectiveness of
such process in reducing drug use and consumption within the United
States.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall consist of 12
members, as follows:
(1) The Secretary of State or the Secretary's designee.
(2) The Secretary of the Treasury or the Secretary's
designee.
(3) The Attorney General or the Attorney General's
designee.
(4) The Director of the Office of National Drug Control
Policy or the Director's designee.
(5) The Director of the Drug Enforcement Administration or
the Director's designee.
(6) The Director of Central Intelligence or the Director's
designee.
(7) The following Members of Congress appointed not later
than 30 days after the date of the enactment of this Act as
follows:
(A)(i) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives.
(ii) 1 member of the House of Representatives
appointed by the minority leader of the House of
Representatives.
(B)(i) 2 Members of the Senate appointed by the
majority leader of the Senate.
(ii) 1 member of the Senate appointed by the
minority leader of the Senate.
(b) Terms.--Each member of the Commission shall be appointed for
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) Chairperson.--The Director of the Office of National Drug
Control Policy (or the Director's designee) shall serve as the
Chairperson of the Commission until such time as the members of the
Commission can elect a Chairperson.
(e) Basic Pay.--Each member shall serve without pay. Each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(f) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(g) Meetings.--The Commission shall meet at the call of the
chairperson.
SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the
Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
chairperson may appoint and fix the pay of such additional personnel as
the chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
(d) Experts and Consultants.--The chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-15 of
the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Commission to assist the
Commission in carrying out its duties.
SEC. 7. POWERS.
(a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Commission
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure by law.
(b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(c) Administrative Support Services.--Upon the request of the
chairperson, 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 duties.
(d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Commission to carry out its duties.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress an interim report on the following:
(1) The overall effectiveness of the annual certification
process relating to international narcotics control under
section 490 of the Foreign Assistance Act of 1961 (22 U.S.C
2291j) in curtailing international drug trafficking.
(2) The impact of such annual certification process in
enhancing international counternarcotics cooperation.
(3) The transparency and predictability of such annual
certification process.
(b) Final Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress a final report that, at a minimum, contains
the following:
(1) Information that meets the requirements of the
information described in the initial report under subsection
(a) and that has been updated since the date of the submission
of the interim report, as appropriate.
(2) Recommendations for actions that are necessary--
(A) to eliminate international narcotics
trafficking;
(B) to improve cooperation among countries in
efforts to curtail international narcotics trafficking,
including necessary steps to identify all areas in
which inter-American cooperation can be initiated and
institutionalized; and
(C) to improve the transparency and predictability
of the annual certification process relating to
international narcotics control under section 490 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j).
(3) Any additional measures to win the war on drugs.
(5) Any other related information that the Commission
considers to be appropriate.
(c) Additional Recommendations.--In the event the Commission
determines the annual certification process relating to international
narcotics control under section 490 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j) to be ineffective in curtailing international
narcotics trafficking or in enhancing international cooperation to
combat such trafficking, the Commission shall include in the final
report under subsection (b) its recommendation for alternatives to such
process in either legislative or nonlegislative form that are designed
to replace such process and to improve international cooperation in
curtailing international narcotics trafficking.
SEC. 9. TERMINATION.
The Commission shall terminate 6 months after the date on which the
Commission submits its final report under section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
(b) Availability.--Amounts authorized to be appropriated under
subsection (a) are authorized to remain available until expended. | Counter-Narcotics Policy Review Act - Establishes the High Level Commission on International Narcotics Control to determine and report to the Congress on the effectiveness of the annual certification process relating to international narcotics control in curtailing international drug trafficking and in reducing drug use and consumption within the United States. Authorizes appropriations. | {"src": "billsum_train", "title": "Counter-Narcotics Policy Review Act"} | 2,116 | 78 | 0.514466 | 1.271684 | 1.138633 | 4.421053 | 32.701754 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating Innovation in Medicine
Act of 2013'' or the ``AIM Act of 2013''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Innovation in health care technology is necessary to
improve health outcomes and depends in part on the ability of
medical technology developers, including scientists,
physicians, engineers, and patient advocates, to introduce
medical devices into the marketplace.
(2) Even after meeting requirements for marketing set by
the Food and Drug Administration, there may be uncertainties
about patient access through government health care programs,
causing significant delays in bringing innovative medical
devices to patients or causing medical technology developers to
abandon potential health care solutions.
(3) Patients covered by the Medicare program are often
willing to enter into self-pay arrangements with physicians and
other providers to purchase items or services, yet under
current laws restricting such freedom of choice, the self-pay
arrangements may be associated with regulatory impediments or a
risk of civil penalties.
(4) Enabling health care technology manufacturers to
designate products to be directly available to self-pay
patients and excluded from government health program payments
at an early stage of product development will promote
innovation and result in increased patient access to desired
products and services, save taxpayer dollars, and reduce
administrative burdens on physicians and the government.
(5) Enabling health care technology manufacturers to
designate their devices as available to self-pay patients would
permit a window of time during which additional data may be
obtained on outcomes, comparative clinical effectiveness or
other data elements for possible future coverage by the
Medicare program.
SEC. 3. ESTABLISHMENT OF MANUFACTURER OPT-OUT PROGRAM FOR MEDICAL
DEVICES.
(a) In General.--Section 1862 of the Social Security Act (42 U.S.C.
1395y) is amended adding at the end the following new subsection:
``(p) Establishment of Accelerating Innovation in Medicine (AIM)
List of Medical Devices Voluntarily Excluded From Coverage.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Secretary shall develop
and maintain a listing (in this section referred to as the `AIM
list') of medical devices for which, because of their inclusion
in such listing, no insurance benefit and no payment may be
made for such a device under this title either directly or on a
capitated basis such that no claim for payment may be submitted
under this title for such a device and an individual who
consents to receive such a device is responsible for payment
for the device and services related to furnishing the device.
``(2) Procedures for inclusion in aim list.--
``(A) Requirement for written consent of
manufacturer.--No medical device may be included in the
AIM list without the written consent of the
manufacturer of the device.
``(B) Submission process.--A manufacturer seeking
to have a medical device included in the AIM list shall
submit to the Secretary a request for inclusion of the
device in the AIM list. In the case of such a device
for which--
``(i) there is a request for approval or
clearance for marketing and sale of the device
by the Food and Drug Administration pursuant to
authority granted by the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301 et seq.),
including pursuant to section 510(k) or 515(c)
of such Act (21 U.S.C. 360(k), 360e(c)), the
request for inclusion of the device in the AIM
list may not be submitted earlier than the date
of the request for such approval or clearance
and no later than the first business day of the
month beginning at least 30 days after the date
of such approval or clearance; or
``(ii) the device is exempt from such
approval and clearance requirements, the
request may be submitted at a time that is not
later than the first business day of the month
beginning at least 30 days after the date of
the first sale of the device by its
manufacturer.
``(3) Listing periods; removal from list.--
``(A) 3-year listing periods.--A medical device
included in the AIM list shall be initially listed for
a period of 3 years and shall remain so listed for
subsequent 3-year periods subject to subparagraphs (B)
and (C).
``(B) Removal at request of manufacturer.--At any
time a device of a manufacturer included in the AIM
list shall be removed from the AIM list upon the
written request of the manufacturer. Subject to
subparagraph (C), such a device of a manufacturer may
not be removed from the AIM list except upon the
written request of the manufacturer.
``(C) Provision of data on clinical studies as a
condition for continued listing.--As a condition for
the continued inclusion of the device of a manufacturer
in the AIM list for a subsequent 3-year listing period
under subparagraph (A), the manufacturer shall provide
the Secretary with published or publicly available data
on clinical studies completed for the device at the end
of the previous 3-year listing period. If the Secretary
determines that a manufacturer of a device has
materially failed to provide such data for the device,
the Secretary may remove the device from the AIM list
or not renew the listing for the device or both.
``(4) Medical device defined.--In this subsection, the term
`medical device' has the meaning given the term `device' in
section 201(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(h)).
``(5) Posting of listed devices on website.--The Secretary
shall post on a public website of the Department of Health and
Human Services or other publicly accessible manner a list of
the medical devices included in the AIM list and shall provide
for updating the website on a real-time basis (but no less
frequently than monthly) to reflect changes in the medical
devices in the AIM list.
``(6) Regulations not required.--Nothing in this subsection
shall be construed as requiring the Secretary to promulgate
regulations to carry out this subsection.
``(7) Requirement for informed consent in order for
provider to charge for device.--If a physician or other entity
furnishes a medical device included in the AIM list to an
individual under this title and failed to obtain, before
furnishing the device, an appropriate informed consent under
which the individual is informed of and accepts liability under
paragraph (1) for payment for the device (and related
services), the physician or other entity is deemed to have
agreed not to impose any charge under this title for such
device (and for services related to furnishing the device).''.
(b) Conforming Amendment.--Section 1862(a) of the Social Security
Act (42 U.S.C. 1395y(a)) is amended--
(1) in paragraph (24), by striking ``or'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (25) the following new
paragraph:
``(26) where such expenses are for a medical device
included in the AIM list under section 1862(p) or for items and
services related to furnishing such device.''. | Accelerating Innovation in Medicine Act of 2013 or AIM Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to develop an AIM list of medical devices for which, because of their inclusion on the list, insurance benefits and payments are prohibited under Medicare (either directly or on a capitated basis), with the result that no Medicare claim may be submitted and an individual who consents to receive such a device is responsible for paying for it and for any related services. Directs the Secretary to post on a public HHS website or other publicly accessible media an updated list of the medical devices on the AIM list. | {"src": "billsum_train", "title": "AIM Act of 2013"} | 1,623 | 153 | 0.585575 | 1.744376 | 0.708244 | 3.333333 | 11.537879 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio and Concert Disclosure and
Competition Act of 2005''.
SEC. 2. DISCLOSURE REGULATIONS.
(a) Modification of Regulations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Federal Communications
Commission shall modify its regulations under sections 317 and
507 of the Communications Act of 1934 (47 U.S.C. 317 and 508),
to prohibit the licensee or permittee of any radio station,
including any employee or affiliate of such licensee or
permittee, from receiving money, services, or other valuable
consideration, whether directly or indirectly, from a record
company, recording artist, concert promoter, music promoter, or
music publisher, or an agent or representative thereof, unless
the licensee or permittee discloses at least monthly the
receipt of such money, services, or other consideration to the
Federal Communications Commission (in this Act referred to as
the ``Commission'') and the public in a manner that the
Commission shall specify.
(2) Exception.--The Commission in modifying its regulations
as required under paragraph (1) may create an exception to the
prohibition described under paragraph (1) for--
(A) transactions provided at nominal cost; or
(B) paid broadcasting disclosed under section 317
of the Communications Act of 1934 (47 U.S.C. 317), if
the monthly disclosure described in paragraph (1)
includes the proportion of total airplay considered
paid broadcasting.
(b) Playlist.--The monthly disclosure by a radio station licensee
or permittee required under subsection (a) shall include a list of
songs and musical recordings aired during the disclosure period,
indicating the artist, record label, and number of times the song was
aired.
SEC. 3. ARM'S LENGTH TRANSACTIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Communications Commission shall
modify its regulations under sections 317 and 507 of the Communications
Act of 1934 (47 U.S.C. 317 and 508), to require that all transactions
between a licensee or permittee of any radio station, including any
employee or affiliate of such licensee or permittee, and a record
company, recording artist, concert promoter, music promoter, or music
publisher, or an agent or representative thereof, shall be conducted at
an arm's length basis with any such transaction reduced to writing and
retained by the licensee or permittee for the period of the license
term or 5 years, whichever is greater.
(b) Records.--A record of each transaction described under
subsection (a) shall be--
(1) made available upon request to--
(A) the Commission; and
(B) any State enforcement agency; and
(2) subject to a random audit by the Commission to ensure
compliance on a basis to be determined by the Commission.
(c) Exemption.--The Commission may create an exemption to the
record keeping requirement described in subsection (b)--
(1) for a transaction that is of a nominal value; and
(2) for a radio station that is a small business, as
recognized by the Commission and established by the Small
Business Administration under section 121 of title 13, Code of
Federal Regulations, if the Commission determines that such
record keeping poses an undue burden to that small business.
SEC. 4. COMPETITION REGULATIONS.
Not later than 1 year after the date of the enactment of this Act,
the Federal Communications Commission shall modify its regulations
under sections 317 and 507 of the Communications Act of 1934 (47 U.S.C.
317 and 508), to accomplish the following:
(1) General prohibition.--To prohibit the licensee of any
radio station, including any parent, subsidiary, or affiliated
entity of such licensee, from using its control over any non-
advertising matter broadcast by such licensee to extract or
receive money or any other form of consideration, whether
directly or indirectly, from a record company, artist, concert
promoter, or any agent or representative thereof.
(2) Radio station concerts.--
(A) In general.--To prohibit a licensee or
permittee of a commercial radio station, or affiliate
thereof, from--
(i) engaging, receiving, making an offer
for, or directly profiting from concert
services of any musician or recording artist
unless the licensee or permittee does not
discriminate, in whole or in part, about the
broadcast of non-advertising matter, including
any sound recording, by that particular artist
upon whether or not that artist performs at the
radio station affiliated concert; and
(ii) engaging or receiving concert services
of any musician or recording artist unless the
licensee or permittee provides the musician or
recording artist with compensation for such
services at the fair market value for the
performance.
(B) Definition.--For purposes of subparagraph (A),
the term ``fair market value'' shall include such
factors as--
(i) the rate typically charged by the
musician or recording artist for a concert of
the size being put on for the station;
(ii) the expenses of the musician or
recording artist to travel to, and perform at,
the concert location; and
(iii) the length of the performance in
relation to the standard duration for a concert
by the musician or recording artist.
(C) Limitations and exclusions.--The provisions of
this paragraph shall not--
(i) prohibit consideration for the concert
services being made in the form of promotional
value, cash, or a combination of both; or
(ii) apply to--
(I) a radio station that is a small
business, as recognized by the
Commission and established by the Small
Business Administration under section
121 of title 13, Code of Federal
Regulations;
(II) in-studio live interviews and
performances; or
(III) concerts whose proceeds are
intended and provided for charitable
purposes.
(3) Radio and concert cross-ownership.--
(A) In general.--To prohibit a licensee or
permittee of a radio station, or affiliate thereof,
from owning or controlling a concert promoter or venue
primarily used for live concert performances.
(B) Waiver.--The Commission may waive the
prohibition required under subparagraph (A) if--
(i) the Commission determines that because
of the nature of the cross-ownership and market
served--
(I) the affected radio station,
concert promoter, or venue would be
subjected to undue economic distress or
would not be economically viable if
such provisions were enforced; and
(II) the anti-competitive effects
of the proposed transaction are clearly
outweighed in the public interest by
the probable effect of the transaction
in meeting the needs of the community
to be served; and
(ii) the affected radio station, concert
promoter, or venue demonstrates to the
Commission that decisions regarding the
broadcast of matter, including any sound
recording, will be made at arm's length and not
based, in whole or in part, upon whether or not
the creator, producer, or promoter of such
matter engages the services of the licensee or
permittee, or an affiliate thereof.
SEC. 5. REVIEW OF TRANSACTIONS.
(a) In General.--Upon petition by a musician, recording artist, or
interested party, the Commission shall review any transaction entered
into under section 3 or section 4.
(b) Copy of Petition.--A copy of any petition submitted to
Commission under subsection (a) shall be provided by the person filing
such petition to the licensee or permittee, or musician or recording
artist, as applicable.
(c) Public Disclosure.--If the Commission, after reviewing a
petition submitted under subsection (a) finds a transaction violated
any provision of this paragraph or section 3, the Commission shall
publicly, after all parties have had a reasonable opportunity to
comment, disclose its finding and grant appropriate relief.
SEC. 6. PENALTIES.
The regulations promulgated under sections 2, 3 and 4 shall set
forth appropriate penalties for violations including an immediate
hearing before the Commission upon the issuance of a notice of apparent
liability or violation, with possible penalties to include license
revocation.
SEC. 7. REPORT.
Not later than 2 years after the date of enactment of this Act, and
every 2 years thereafter, the Commission shall issue a report to
Congress and the public that--
(1) summarizes the disclosures made by licensees and
permittees as required under section 2;
(2) summarizes the audits conducted by the Commission as
required under section 3(b)(2);
(3) summarizes the cross-ownership waivers, if any, awarded
by the Commission under section 4(3)(B);
(4) evaluates ownership concentration and market power in
the radio industry in a manner similar to the most recent in
the discontinued series of FCC reports, ``Radio Industry Review
2002: Trends in Ownership, Format, and Finance''; and
(5) describes any violations of section 2, 3, or 4, and
penalty proceedings under section 6, and includes
recommendations for any additional statutory authority the
Commission determines would improve compliance with regulations
issued under this Act.
SEC. 8. LICENSE REVOCATION.
Section 312(a) of the Communications Act of 1934 (47 U.S.C. 312) is
amended--
(1) in paragraph (6), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) for violation of or failure to follow any regulation
established in accordance with section 2, 3, 4, or 6 of the
Radio and Concert Disclosure and Competition Act of 2005.''.
SEC. 9. INCREASED MAXIMUM PENALTIES.
(a) Penalties for Disclosure of Payments to Individuals Connected
With Broadcasts.--Section 507(g)(1) of the Communications Act of 1934
(47 U.S.C. 508(g)(1)) is amended by striking ``$10,000'' and inserting
``$50,000''.
(b) Penalties for Prohibited Practices in Contests of Knowledge,
Skill, or Chance.--Section 508(c)(1) of the Communications Act of 1934
(47 U.S.C. 509(c)(1)) is amended--
(1) by striking ``$10,000'' and inserting ``$50,000''; and
(2) by inserting ``, for each violation'' before the
period. | Radio and Concert Disclosure and Competition Act of 2005 - Directs the Federal Communications Commission (FCC) to modify its regulations concerning disclosure of payments made to broadcasters to prohibit the licensee or permittee (licensee) of any radio station from receiving money or other valuable consideration from a record company, recording artist, or music promoter or publisher (music representative) unless the licensee discloses at least monthly to the FCC and the public the receipt of such money or consideration.
Directs the FCC to: (1) require that all transactions between a licensee and a music representative be conducted at an arm's length basis, reduced to writing, and retained at least five years; and (2) review any such transaction upon petition.
Directs the FCC to prohibit a licensee from: (1) using its control over any non-advertising matter in a broadcast to extract or receive money from a music representative; (2) engaging or receiving concert services from a musician or recording artist unless the licensee does not discriminate about the broadcast of non-advertising matter and provides fair compensation for the services; or (3) owning or controlling a concert promoter or a venue used primarily for live performances.
Authorizes license revocations for violations of this Act.
Increases maximum penalties for nondisclosure of payments made in connection with broadcasts. | {"src": "billsum_train", "title": "A bill to promote transparency and reduce anti-competitive practices in the radio and concert industries."} | 2,342 | 291 | 0.615565 | 1.782009 | 0.819821 | 3 | 8.484127 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Housing Act of 2000''.
SEC. 2. PREPAYMENT OF RURAL MULTIFAMILY HOUSING LOANS.
Subsection (c) of section 502 of the Housing Act of 1949 (42 U.S.C.
1472(c)) is amended to read as follows:
``(c) Prepayment of Loans and Preservation of Affordable Housing.--
``(1) Loans made or insured before december 22, 1979.--A
loan made or insured under section 514 or 515 of this title
pursuant to a contract entered into before December 22, 1979,
may be prepaid at any time without restriction.
``(2) Loans made or insured after december 21, 1979.--A
loan made or insured under section 514 or 515 of this title
pursuant to a contract entered into after December 21, 1979,
but before December 15, 1989, may be prepaid without
restriction only if--
``(A) 15 years have elapsed from the date on which
the loan was made or insured, if the housing and
related facilities have not received assistance under
paragraph (1)(B), (2), or (5) of section 521(a) of this
title or section 8 of the United States Housing Act of
1937;
``(B) 20 years have elapsed from the date on which
the loan was made or insured, in the case of any other
such loan;
``(C) the Secretary determines, before the end of
the period described in subparagraph (A) or (B), that
there is no longer a need for such housing and related
facilities or that Federal or other financial
assistance being provided to the residents of such
housing will no longer be provided; or
``(D) before the end of the period described in
subparagraph (A) or (B), the owner agrees to extend the
low income use restrictions for the remainder of such
period.
``(3) Loans made or insured after december 14, 1989.--A
loan made or insured under section 514 or 515 of this title
pursuant to a contract entered into after December 14, 1989,
may not be prepaid.
``(4) Alternatives to prepayment.--A borrower who is
authorized to prepay a loan pursuant to paragraph (1) or (2)
may, in the sole discretion of the borrower, request that--
``(A) the Secretary offer incentives pursuant to
paragraph (5); or
``(B) the housing and related facilities that are
subject to the loan be sold pursuant to paragraph (6)
to a nonprofit organization or public agency.
``(5) Incentives.--
``(A) In general.--If a borrower who is authorized
to prepay a loan pursuant to paragraph (1) or (2)
agrees to extend the low income use of the assisted
housing and related facilities involved for not less
than the 20-year period beginning on the date on which
the agreement is executed, the Secretary shall, subject
to the availability of amounts for such assistance
provided in advance in appropriation Acts, provide one
or more of the following forms of assistance:
``(i) Increased return on investment.--An
increase in the rate of return on investment.
``(ii) Reduced interest rate.--A reduction
of the interest rate on the loan through the
provision of interest credits under section
521(a)(1)(B).
``(iii) Additional rental assistance.--
Additional rental assistance, or an increase in
assistance provided under existing contracts,
under section 521(a)(2) or under section 8 of
the United States Housing Act of 1937.
``(iv) Equity loan.--An equity loan to the
borrower under paragraphs (1) and (2) of
section 515(c) or under section 515(t).
``(v) Incremental rental assistance.--
Incremental rental assistance in connection
with loans pursuant to clauses (ii) and (iv) of
this subparagraph to the extent necessary to
avoid increases in the rental payments of
current tenants not receiving rental assistance
under section 521(a)(2) or under section 8 of
the United States Housing Act of 1937.
``(vi) Excess rent.--In the case of a
project that has received rental assistance
under section 8 of the United States Housing
Act of 1937, authority for the owner to receive
rent in excess of the amount determined
necessary by the Secretary to defray the cost
of long-term repair or maintenance of such a
project.
``(B) Failure to agree on incentives.--If the
borrower does not agree to extend the low income use of
the assisted housing and related facilities involved as provided under
subparagraph (A), the borrower may prepay the loan pursuant to
paragraph (1) or (2).
``(6) Sale to nonprofit organizations and public
agencies.--If a borrower who is authorized to prepay a loan
pursuant to paragraph (1) or (2) agrees to sell the assisted
housing and related facilities involved to a nonprofit
organization or public agency at fair market value, the
Secretary, in order to facilitate the sale, may take one or
more of the following actions:
``(A) Advance for certain costs relating to
acquisition.--To the extent amounts for advances under
this clause are made available in advance in
appropriation Acts, make an advance to the nonprofit
organization or public agency whose offer to purchase
is accepted under this paragraph to cover any direct
costs (other than the purchase price) incurred by the
organization or agency in purchasing and assuming
responsibility for the housing and related facilities.
``(B) Assumption of loan.--Approve the assumption,
by the nonprofit organization or public agency
involved, of the loan made or insured under section 514
or 515.
``(C) Transfer of assistance.--To the extent
provided in appropriation Acts, transfer any rental
assistance payments that are received under section
521(a)(2)(A) or under section 8 of the United States
Housing Act of 1937, with respect to the housing and
related facilities, to the nonprofit organization or
public agency involved.
``(D) Purchase loan.--To the extent budget
authority for such loans is provided in advance in
appropriation Acts, provide a loan under section
515(c)(3) to the nonprofit organization or public
agency whose offer to purchase is accepted under this
paragraph to enable the organization or agency to
purchase the housing and related facilities involved.
``(E) Rental assistance.--To the extent amounts for
assistance under this clause are provided in advance in
appropriation Acts, provide to the nonprofit
organization or public agency purchasing the housing
and related facilities financial assistance (in the
form of monthly payments or forgiveness of debt) in an
amount necessary to ensure that the monthly rent
payment made by each low income family or person
residing in the housing does not exceed the maximum
rent permitted under section 521(a)(2)(A).
``(7) Funding.--In addition to any other amounts made
available for providing incentives under paragraph (5), any
amounts resulting from the prepayment of loans made or insured
under section 514 or 515 of this title shall be available, to
the extent provided in appropriation Acts, for providing
incentives under paragraph (5) and for costs of actions under
paragraph (6) in connection with sale of projects to nonprofit
organizations and public agencies. Such amounts shall be
available first for the uses described in the preceding
sentence and if not so used, then for other uses in accordance
with other provisions of law authorizing such use.
``(8) Tenant protection.--If a loan is prepaid pursuant to
paragraph (1) or (2), the Secretary shall offer tenant-based
assistance under section 8 of the United States Housing Act of
1937 to each low income tenant residing in the housing involved
at the time of such prepayment, subject to the availability of
appropriated amounts for such assistance. If after prepayment
the rent for a dwelling unit in such housing exceeds the
applicable payment standard established pursuant to section
8(o) of such Act, the assistance offered under this paragraph
shall be in the form of enhanced vouchers under section 8(t) of
such Act, subject to the availability of appropriated amounts
for such assistance.''.
SEC. 3. ENHANCED VOUCHER ELIGIBILITY.
Section 8(t)(2) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)(2)) is amended--
(1) by inserting ``or loan'' after ``of the mortgage''; and
(2) by inserting ``section 502(c)(8) of the Housing Act of
1959 (42 U.S.C. 1472(c)(8)),'' after ``(12 U.S.C. 413(f)),''.
SEC. 4. RURAL RENTAL HOUSING LOAN TERM.
In the case of a loan made or insured under section 515 of the
Housing Act of 1949 pursuant to a contract entered into before the date
of the enactment of this Act, if the Secretary of Agriculture and the
borrower under the loan agree to such applicability, the amendments
made by section 735(b)(3) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 1998
(Public Law 105-86; 111 Stat. 2110) shall apply to such loan. In no
case shall the borrower be obligated to accept a new loan pursuant to
section 515(b)(7) of the Housing Act of 1949 for financing the final
payment of the original loan. | Amends the United States Housing Act of 1937 to permit enhanced voucher use for loan prepayments. | {"src": "billsum_train", "title": "Rural Housing Act of 2000"} | 2,091 | 22 | 0.473707 | 1.157896 | 0.29783 | 3.411765 | 112.764706 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Innovation Research
and Technology Transfer Inclusive Outreach Improvement Act of 2016''.
SEC. 2. SBA COORDINATION ON INCREASING OUTREACH FOR WOMEN AND MINORITY-
OWNED BUSINESSES.
Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is
amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) to coordinate with participating agencies on efforts
to increase outreach and awards under each of the SBIR and STTR
programs to small business concerns owned and controlled by
women and socially and economically disadvantaged small
business concerns, as defined in section 8(a)(4).''.
SEC. 3. FEDERAL AGENCY OUTREACH REQUIREMENTS FOR WOMEN AND MINORITY-
OWNED BUSINESSES.
Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (g)--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) implement an outreach program to small business
concerns for the purpose of enhancing its SBIR program, under
which the Federal agency shall--
``(A) provide outreach to small business concerns
owned and controlled by women and socially and
economically disadvantaged small business concerns, as
defined in section 8(a)(4); and
``(B) establish goals for outreach by the Federal
agency to the small business concerns described in
subparagraph (A).''; and
(2) in subsection (o)(14), by striking ``SBIR program;''
and inserting ``SBIR program, under which the Federal agency
shall--
``(A) provide outreach to small business concerns
owned and controlled by women and socially and
economically disadvantaged small business concerns, as
defined in section 8(a)(4); and
``(B) establish goals for outreach by the Federal
agency to the small business concerns described in
subparagraph (A).''.
SEC. 4. STTR POLICY DIRECTIVE MODIFICATION.
Section 9(p) of the Small Business Act (15 U.S.C. 638(p)) is
amended by adding at the end the following:
``(4) Additional modifications.--Not later than 120 days
after the date of enactment of this paragraph, the
Administrator shall modify the policy directive issued pursuant
to this subsection to provide for enhanced outreach efforts to
increase the participation of small business concerns owned and
controlled by women and socially and economically disadvantaged
small business concerns, as defined in section 8(a)(4), in
technological innovation and in STTR programs.''.
SEC. 5. INTERAGENCY SBIR/STTR POLICY COMMITTEE.
Section 5124 of the SBIR/STTR Reauthorization Act of 2011 (Public
Law 112-81; 125 Stat. 1837) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Meetings.--
``(1) In general.--The Interagency SBIR/STTR Policy
Committee shall meet not less than twice per year to carry out
the duties under subsection (c).
``(2) Outreach and technical assistance activities.--If the
Interagency SBIR/STTR Policy Committee meets to discuss
outreach and technical assistance activities to increase the
participation of small business concerns that are
underrepresented in the SBIR and STTR programs, the Committee
shall invite to the meeting--
``(A) a representative of the Minority Business
Development Agency; and
``(B) relevant stakeholders that work to advance
the interests of--
``(i) small business concerns owned and
controlled by women, as defined in section 3 of
the Small Business Act (15 U.S.C. 632); and
``(ii) socially and economically
disadvantaged small business concerns, as
defined in section 8(a)(4) of the Small
Business Act (15 U.S.C. 637(a)(4)).''.
SEC. 6. DIVERSITY AND STEM WORKFORCE DEVELOPMENT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Small Business Administration;
(2) the term ``covered STEM intern'' means a student at, or
recent graduate from, an institution of higher education
serving as an intern--
(A) whose course of study studied is focused on the
STEM fields; and
(B) who is a woman or a person from an
underrepresented population in the STEM fields;
(3) the term ``eligible entity'' means a small business
concern that--
(A) is receiving amounts under an award under the
SBIR program or the STTR program of a Federal agency on
the date on which the Federal agency awards a grant to
the small business concern under subsection (b); and
(B) provides internships for covered STEM interns;
(4) the terms ``Federal agency'', ``SBIR'', and ``STTR''
have the meanings given those terms under section 9(e) of the
Small Business Act (15 U.S.C. 638(e));
(5) the term ``institution of higher education'' has the
meaning given the term under section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a));
(6) the term ``person from an underrepresented population
in the STEM fields'' means a person from a group that is
underrepresented in the population of STEM students, as
determined by the Administrator;
(7) the term ``pilot program'' means the Diversity and STEM
Workforce Development Pilot Program established under
subsection (b);
(8) the term ``recent graduate'', relating to a woman or a
person from an underrepresented population in the STEM fields,
means that the woman or person from an underrepresented
population in the STEM fields earned an associate degree,
baccalaureate degree, or postbaccalaureate from an institution
of higher education during the 1-year period beginning on the
date of the internship;
(9) the term ``small business concern'' has the meaning
given the term under section 3 of the Small Business Act (15
U.S.C. 632); and
(10) the term ``STEM fields'' means the fields of science,
technology, engineering, and math.
(b) Pilot Program for Internships for Women and People From
Underrepresented Populations.--The Administrator shall establish a
Diversity and STEM Workforce Development Pilot Program to encourage the
business community to provide workforce development opportunities for
covered STEM interns, under which a Federal agency participating in the
SBIR program or STTR program may make a grant to one or more eligible
entities for the costs of internships for covered STEM interns.
(c) Amount and Use of Grants.--
(1) Amount.--A grant under subsection (b)--
(A) may not be in an amount of more than $15,000
per fiscal year; and
(B) shall be in addition to the amount of the award
to the recipient under the SBIR program or the STTR
program.
(2) Use.--Not less than 90 percent of the amount of a grant
under subsection (b) shall be used by the eligible entity to
provide stipends or other similar payments to interns.
(d) Evaluation.--Not later than January 31 of the first calendar
year after the third fiscal year during which the Administrator carries
out the pilot program, the Administrator shall submit to Congress--
(1) data on the results of the pilot program, such as the
number and demographics of the covered STEM interns
participating in an internship funded under the pilot program
and the amount spent on such internships; and
(2) an assessment of whether the pilot program helped the
SBIR program and STTR program achieve the congressional
objective of fostering and encouraging the participation of
women and persons from underrepresented populations in the STEM
fields.
(e) Termination.--The pilot program shall terminate after the end
of the fourth fiscal year during which the Administrator carries out
the pilot program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the pilot
program. | Small Business Innovation Research and Technology Transfer Inclusive Outreach Improvement Act of 2016 This bill amends the Small Business Act to empower the Small Business Administration (SBA) to coordinate with participating federal agencies on efforts to increase outreach and awards under each of the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs to small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns. Each federal agency required to establish an SBIR or an STTR program shall enhance its program by extending an outreach program to small business concerns, especially those owned and controlled by women and socially and economically disadvantaged small business concerns. The SBA shall modify its STTR policy directive to enhance these outreach efforts. The SBIR/STTR Reauthorization Act of 2011 is amended to require the Interagency SBIR/STTR Policy Committee to meet at least twice a year, and if it discusses outreach and technical assistance activities to increase the participation of underrepresented small business concerns to invite to the meeting a representative of the Minority Business Development Agency as well as relevant stakeholders that advance the interests of small business concerns owned and controlled by women and socially and economically disadvantaged small business concerns. The SBA shall establish a Diversity and STEM Workforce Development Pilot Program under which a federal agency participating in the SBIR program or STTR program may make a $15,000 per fiscal year grant to one or more eligible entities for the costs of science, technology, engineering, and mathematics internships. | {"src": "billsum_train", "title": "Small Business Innovation Research and Technology Transfer Inclusive Outreach Improvement Act of 2016"} | 1,910 | 316 | 0.703493 | 2.286244 | 0.93835 | 4.538182 | 6.28 | 0.938182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arizona National Forest Improvement
Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Sedona, Arizona.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. SALE OR EXCHANGE OF ADMINISTRATIVE SITES.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any and all right,
title, and interest of the United States in and to the following
National Forest System land and administrative sites:
(1) The Camp Verde Administrative Site, comprising
approximately 213.60 acres, as depicted on the map entitled ``Camp
Verde Administrative Site'', dated April 12, 1997.
(2) A portion of the Cave Creek Administrative Site, comprising
approximately 16 acres, as depicted on the map entitled ``Cave
Creek Administrative Site'', dated May 1, 1997.
(3) The Fredonia Duplex Housing Site, comprising approximately
1.40 acres, and the Fredonia Housing Site, comprising approximately
1.58 acres, as depicted on the map entitled ``Fredonia Duplex
Dwelling, Fredonia Ranger Dwelling'', dated August 28, 1997.
(4) The Groom Creek Administrative Site, comprising
approximately 7.88 acres, as depicted on the map entitled ``Groom
Creek Administrative Site'', dated April 29, 1997.
(5) The Payson Administrative Site, comprising approximately
296.43 acres, as depicted on the map entitled ``Payson
Administrative Site'', dated May 1, 1997.
(6) The Sedona Administrative Site, comprising approximately
21.41 acres, as depicted on the map entitled ``Sedona
Administrative Site'', dated April 12, 1997.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, and improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any sale or exchange of land under subsection (a) shall be subject to
the laws (including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of any land or administrative site exchanged under
subsection (a).
(e) Solicitation of Offers.--
(1) In general.--The Secretary may solicit offers for the sale
or exchange of land under this section on such terms and conditions
as the Secretary may prescribe.
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the offer
is not adequate or not in the public interest.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 4. CONVEYANCE TO CITY OF SEDONA.
(a) In General.--The Secretary may sell to the city of Sedona,
Arizona, by quitclaim deed in fee simple, all right, title, and
interest of the United States in and to approximately 300 acres of land
as depicted on the map in the environmental assessment entitled
``Sedona Effluent Management Plan'', dated August 1998, for
construction of an effluent disposal system in Yavapai County, Arizona.
(b) Description.--A legal description of the land conveyed under
subsection (a) shall be available for public inspection in the office
of the Chief of the Forest Service, Washington, District of Columbia.
(c) Consideration.--
(1) Fair market value.--As consideration for the conveyance of
land under subsection (a), the City shall pay to the Secretary an
amount equal to the fair market value of the land as determined by
an appraisal acceptable to the Secretary and prepared in accordance
with the Uniform Appraisal Standards for Federal Land Acquisitions,
reduced by the total amount of special use permit fees for
wastewater treatment facilities paid by the City to the Forest
Service during the period beginning on January 1, 1999, and ending
on the earlier of--
(A) the date that is 270 days after the date of enactment
of this Act; or
(B) the date on which the full payment is made by the City
under paragraph (3)(A) or the date on which first installment
payment is made under paragraph (3)(B), depending on the
election made by the City under paragraph (3).
(2) Cost of appraisal.--The City shall pay the cost of the
appraisal of the land.
(3) Payment.--Payment of the consideration required under
paragraph (1) (including any interest payable under paragraph (4))
shall be paid, at the option of the City--
(A) in full not later than 180 days after the date of the
conveyance of the land; or
(B) in 7 equal annual installments commencing not later
than January 1 of the first year following the date of the
conveyance and annually thereafter until the total amount has
been paid.
(4) Interest rate.--Any payment due for the conveyance of land
under this section shall accrue, beginning on the date of the
conveyance, interest at a rate equal to the current (as of the date
of the conveyance) market yield on outstanding, marketable
obligations of the United States with maturities of 1 year.
(d) Release.--Subject to compliance with all Federal environmental
laws by the Secretary before the date of conveyance of land under this
section, on conveyance of the land, the City shall agree in writing to
hold the United States harmless from any and all claims to the land,
including all claims resulting from hazardous materials on the conveyed
land.
(e) Right of Reentry.--At any time before full payment is made for
the conveyance of land under this section, the conveyance shall be
subject to a right of reentry in the United States if the Secretary
determines that--
(1) the City has not complied with the requirements of this
section or the conditions prescribed by the Secretary in the deed
of conveyance; or
(2) the conveyed land is not used for disposal of treated
effluent or other purposes related to the construction of an
effluent disposal system in Yavapai County, Arizona.
SEC. 5. DISPOSITION OF FUNDS.
(a) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under this Act in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk
Act'').
(b) Use of Proceeds.--Funds deposited under subsection (a) shall be
available to the Secretary, without further Act of appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities for the Coconino National Forest, Kaibab
National Forest, Prescott National Forest, and Tonto National
Forest; or
(2) the acquisition of land and or an interest in land in the
State of Arizona.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Arizona National Forest Improvement Act of 1999 - Authorizes the Secretary of Agriculture to convey: (1) specified National Forest System land and administrative sites in Arizona; and (2) sell specified land to the city of Sedona, Arizona, for construction of an effluent disposal system in Yavapai County, Arizona.
Makes such funds available to the Secretary without further Act of appropriation for: (1) acquisition, construction, or improvement of administrative facilities for the Coconino, Kaibab, Prescott, and Tonto National Forests; or (2) other land in Arizona. | {"src": "billsum_train", "title": "Arizona National Forest Improvement Act of 2000"} | 1,636 | 119 | 0.543488 | 1.453463 | 0.5635 | 4.364486 | 13.831776 | 0.943925 |
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE
REPUBLIC OF PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Compact of free association.--The term ``Compact of
Free Association'' means the Compact of Free Association
between the Government of the United States of America and the
Government of Palau (48 U.S.C. 1931 note; Public Law 99-658).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The Agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (referred
to in this section as the `Agreement'), in connection with section 432
of the Compact of Free Association between the Government of the United
States of America and the Government of Palau (48 U.S.C. 1931 note;
Public Law 99-658) (referred to in this section as the `Compact of Free
Association'), are approved--
``(1) except for the extension of Article X of the
Agreement Regarding Federal Programs and Services, and
Concluded Pursuant to Article II of Title II and section 232 of
the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $5,000,000 from the trust fund established under section
211(f) of the Compact of Free Association in fiscal year 2015, amounts
payable under sections 1, 2(a), 3, and 4(a), of the Agreement shall be
withheld from the Republic of Palau until the date on which the
Republic of Palau reimburses the trust fund for the total amounts
withdrawn that exceeded $5,000,000 in that fiscal year, except that
funds to be provided under section 3 of the Agreement may be released
to replenish the 211(f) Fund if an arrangement had been made between
the United States and the Republic of Palau to advance funds during
such fiscal year from the 211(f) Fund for the purposes allowable under
section 3 of the Agreement.
``(c) Funding for Certain Provisions Under Section 105 of Compact
of Free Association.--Not later than 30 days after the date of the
enactment of this section, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall transfer to
the Secretary of the Interior such sums as are necessary for the
Secretary of the Interior to implement sections 1, 2(a), 3, 4(a), 5,
and 6 of the Agreement, which sums shall remain available until
expended without any further appropriation.
``(d) Authorizations of Appropriations.--There are authorized to be
appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia, $1,500,000 for each of
fiscal years 2016 through 2024, to remain available until
expended but may be available pursuant to this paragraph to the
United States Postal Service only so long as domestic postage
may be used for mail to Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
of Free Association (including the successor of each Federal
entity) to carry out the responsibilities of the Federal entity
under section 221(a) of the Compact of Free Association such
sums as are necessary, to remain available until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact section 211(f) fund.--Section 1 of the
Agreement shall be construed as though the section reads as
follows:
``SECTION 1. COMPACT SECTION 211(F) FUND.
``The Government of the United States shall contribute $30,250,000
to the Fund referred to in section 211(f) of the Compact in accordance
with the following schedule:
``(1) $17,000,000 in fiscal year 2016.
``(2) $3,000,000 in fiscal year 2017.
``(3) $2,000,000 in each of fiscal years 2018 through 2022.
``(4) $250,000 in fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement shall be construed as though the
subsection reads as follows:
``(a) The Government of the United States shall provide a grant of
$12,000,000 in fiscal year 2016, representing the amounts to have been
provided by the United States in fiscal years 2011 through 2016 under
section 2(a) of the Agreement, and a grant of $2,000,000 annually from
the beginning of fiscal year 2017 through fiscal year 2024 to create a
trust fund, to be known as the `Infrastructure Maintenance Fund', to be
used for the routine and periodic maintenance of major capital
improvement projects financed by funds provided by the United States.
The Government of the Republic of Palau shall match the contributions
made by the United States by making contributions of $150,000 to the
Infrastructure Maintenance Fund on a quarterly basis from the beginning
of fiscal year 2016 through fiscal year 2024. Implementation of this
subsection shall be carried out in accordance with the provisions of
Appendix A of this Agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``The Government of the United States shall provide the Government
of Palau $10,000,000 in fiscal year 2016 for deposit in an interest
bearing account to be used to reduce government arrears of Palau.
Implementation of this section shall be carried out in accordance with
the provisions of Appendix B of this Agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement shall be construed as though the subsection
reads as follows:
``(a) In addition to the economic assistance of $13,147,000
provided to the Government of Palau by the Government of the United
States in each of fiscal years 2010, 2011, 2012, 2013, 2014, and 2015,
and unless otherwise specified in this Agreement or in an Appendix of
this Agreement, the Government of the United States shall provide the
Government of Palau $45,750,000 in economic assistance as follows:
``(1) $10,000,000 in fiscal year 2016.
``(2) $8,500,000 in fiscal year 2017.
``(3) $7,250,000 in fiscal year 2018.
``(4) $6,000,000 in fiscal year 2019.
``(5) $5,000,000 in fiscal year 2020.
``(6) $4,000,000 in fiscal year 2021.
``(7) $3,000,000 in fiscal year 2022.
``(8) $2,000,000 in fiscal year 2023.
The funds provided in any fiscal year under this subsection for
economic assistance shall be provided in 4 quarterly payments (30
percent in the first quarter, 30 percent in the second quarter, 20
percent in the third quarter, and 20 percent in the fourth quarter)
unless otherwise specified in this Agreement or in an Appendix of this
Agreement.''.
(5) Infrastructure projects.--Section 5 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``The Government of the United States shall provide in fiscal year
2016 $40,000,000 to the Government of Palau towards one or more
mutually agreed infrastructure projects in accordance with the
provisions of Appendix C to this Agreement.''.
(d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''.
(e) Audit; Full Faith and Credit; Inflation Adjustment.--The
Secretary of the Interior shall fund the amounts necessary to conduct
the audits required by section 6 and Appendix D of the Agreement.
Section 236 of the Compact applies to the commitments of the United
States under sections 1, 2(a), 3, 4(a), and 5 of the Agreement, and to
the amounts necessary to conduct such audits, to the same extent as
section 236 applies to the Compact. Section 215 of the Compact shall be
applied to such commitments and amounts by substituting ``2010'' for
``1981''.
(f) Passport Requirement.--Section 141 of Article IV of Title One
of the Compact of Free Association shall be construed and applied as if
it read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) In General.--An individual in one of the following categories
may be admitted to lawfully engage in occupations and establish
residence as a nonimmigrant in the United States and its territories
and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5) or (a)(7)(B)(i)(II)), if the passport presented to satisfy
section 212(a)(7)(B)(i)(I) of such Act is a valid, unexpired, machine-
readable passport that satisfies the internationally accepted standard
for machine readability:
``(1) An individual who, on September 30, 1994, was a
citizen of the Trust Territory of the Pacific Islands, as
defined in title 53 of the Trust Territory Code in force on
January 1, 1979, and has become and remains a citizen of Palau.
``(2) An individual who acquires the citizenship of Palau,
at birth, on or after the effective date of the Constitution of
Palau.
``(3) A naturalized citizen of Palau, who has been an
actual resident of Palau for not less than five years after
attaining such naturalization and who holds a certificate of
actual residence.
``(b) Employment.--An individual in one of the categories in
paragraphs (1) through (3) of subsection (a) shall be considered to
have the permission of the Secretary of Homeland Security of the United
States to accept employment in the United States.
``(c) Habitual Residence.--The right of an individual in one of the
categories in paragraphs (1) through (3) of subsection (a) to establish
habitual residence in a territory or possession of the United States
may be subjected to non-discriminatory limitations provided for--
``(1) in statutes or regulations of the United States; and
``(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.
``(d) Clarification.--Subsection (a)--
``(1) does not confer on a citizen of Palau the right to
establish the residence necessary for naturalization under the
Immigration and Nationality Act, or to petition for benefits
for alien relatives under that Act; and
``(2) shall not prevent a citizen of Palau from otherwise
acquiring such rights or lawful permanent resident alien status
in the United States.''. | This bill approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. If Palau withdraws more than $5 million from the trust fund set up by the Compact in FY2015, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in FY2015. Certain funds may be released to replenish that trust fund, however, if the United States and Palau have arranged to advance funds during FY2015 from the trust fund for specified allowable purposes. The bill authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2016-FY2024; and (2) carry out specified federal responsibilities under the Compact. The bill also repeals specified offset requirements. FY2016 funding is provided to reduce government arrears of Palau. FY2016-FY2023 additional economic assistance, and FY2016 funding for infrastructure projects, are provided. Specified passport requirements are revised. | {"src": "billsum_train", "title": "To approve an agreement between the United States and the Republic of Palau, and for other purposes."} | 2,623 | 251 | 0.654537 | 1.907887 | 0.861429 | 3.070093 | 11 | 0.845794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Viral Hepatitis Testing Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Approximately 5,300,000 Americans are chronically
infected with the hepatitis B virus (referred to in this
section as ``HBV''), the hepatitis C virus (referred to in this
section as ``HCV''), or both.
(2) In the United States, chronic HBV and HCV are the most
common cause of liver cancer, one of the most lethal and
fastest growing cancers in the United States. Chronic HBV and
HCV are the most common cause of chronic liver disease, liver
cirrhosis, and the most common indication for liver
transplantation. Chronic HCV is also a leading cause of death
in Americans living with HIV/AIDS, many of whom are coinfected
with chronic HBV, HCV, or both. At least 15,000 deaths per year
in the United States can be attributed to chronic HBV and HCV.
(3) According to the Centers for Disease Control and
Prevention (referred to in this section as the ``CDC''),
approximately 2 percent of the population of the United States
is living with chronic HBV, HCV, or both. The CDC has
recognized HCV as the Nation's most common chronic bloodborne
virus infection and HBV as the deadliest vaccine-preventable
disease.
(4) HBV is easily transmitted and is 100 times more
infectious than HIV. According to the CDC, HBV is transmitted
through percutaneous (i.e., puncture through the skin) or
mucosal contact with infectious blood or body fluids. HCV is
transmitted by percutaneous exposures to infectious blood.
(5) The CDC conservatively estimates that in 2008
approximately 18,000 Americans were newly infected with HCV and
more than 38,000 Americans were newly infected with HBV.
(6) There were 10 outbreaks reported to CDC for
investigation in 2009 related to healthcare acquired infection
of HBV and HCV. There were another 6,748 patients potentially
exposed to one of the viruses.
(7) Chronic HBV and chronic HCV usually do not cause
symptoms early in the course of the disease, but after many
years of a clinically ``silent'' phase, CDC estimates show more
than 33 percent of infected individuals will develop cirrhosis,
end-stage liver disease, or liver cancer. Since most
individuals with chronic HBV, HCV, or both are unaware of their
infection, they do not know to take precautions to prevent the
spread of their infection and can unknowingly exacerbate their
own disease progression.
(8) HBV and HCV disproportionately affect certain
populations in the United States. Although representing only 5
percent of the population, Asian and Pacific Islanders account
for over half of the 1,400,000 domestic chronic HBV cases. Baby
boomers (those born between 1945 and 1965) account for more
than 75 percent of domestic chronic HCV cases. In addition,
African-Americans, Latinos (Latinas), and American Indian/
Native Alaskans are among the groups which have
disproportionately high rates of HBV infections, HCV
infections, or both in the United States.
(9) For both chronic HBV and chronic HCV, behavioral
changes can slow disease progression if diagnosis is made
early. Early diagnosis, which is determined through simple
diagnostic tests, can reduce the risk of transmission and
disease progression through education and vaccination of
household members and other susceptible persons at risk.
(10) Advancements have led to the development of improved
diagnostic tests for viral hepatitis. These tests, including
rapid, point of care testing and others in development can
facilitate testing, notification of results and post-test
counseling, and referral to care at the time of the testing
visit. In particular, these tests are also advantageous because
they can be used simultaneously with HIV rapid testing for
persons at risk for both HCV and HIV infections.
(11) For those chronically infected with HBV or HCV,
regular monitoring can lead to the early detection of liver
cancer at a stage where a cure is still possible. Liver cancer
is the second deadliest cancer in the United States however,
liver cancer has received little funding for research,
prevention, or treatment.
(12) Treatment for chronic HCV can eradicate the disease in
approximately 75 percent of those currently treated. The
treatment of chronic HBV can effectively suppress viral
replication in the overwhelming majority (over 80 percent) of
those treated thereby reducing the risk of transmission and
progression to liver scarring or liver cancer even though a
complete cure is much less common than for HCV.
(13) To combat the viral hepatitis epidemic in the United
States, in May 2011, the Department of Health and Human
Services released, Combating the Silent Epidemic of Viral
Hepatitis: Action Plan for the Prevention, Care & Treatment of
Viral Hepatitis. The Institute of Medicine of the National
Academies produced a 2010 report on the Federal response to HBV
and HCV titled: Hepatitis and Liver Cancer: A National Strategy
for Prevention and Control of Hepatitis B and C. The
recommendations and guidelines provide a framework for HBV and
HCV prevention, education, control, research, and medical
management programs.
(14) The annual health care costs attributable to viral
hepatitis in the United States are significant. For HBV, it is
estimated to be approximately $2,500,000,000 ($2,000 per
infected person). In 2000, the lifetime cost of HBV--before the
availability of most of the current therapies--was
approximately $80,000 per chronically infected person, or more
than $100,000,000,000. For HCV, medical costs for patients are
expected to increase from $30,000,000,000 in 2009 to over
$85,000,000,000 in 2024. Avoiding these costs by screening and
diagnosing individuals earlier--and connecting them to
appropriate treatment and care will save lives and critical
health care dollars. Currently, without a comprehensive
screening, testing and diagnosis program, most patients are
diagnosed too late when they need a liver transplant costing at
least $314,000 for uncomplicated cases or when they have liver
cancer or end stage liver disease which costs between $30,980
to $110,576 per hospital admission. As health care costs
continue to grow, it is critical that the Federal Government
invests in effective mechanisms to avoid documented cost
drivers.
(15) According to the Institute of Medicine report in 2010
(described in paragraph (13)), chronic HBV and HCV infections
cause substantial morbidity and mortality despite being
preventable and treatable. Deficiencies in the implementation
of established guidelines for the prevention, diagnosis, and
medical management of chronic HBV and HCV infections perpetuate
personal and economic burdens. Existing grants are not
sufficient for the scale of the health burden presented by HBV
and HCV.
(16) Screening and testing for chronic HBV and HCV are
aligned with the Healthy People 2020 goal to increase
immunization rates and reduce preventable infectious diseases.
Awareness of disease and access to prevention and treatment
remain essential components for reducing infectious disease
transmission.
(17) Federal support is necessary to increase knowledge and
awareness of HBV and HCV and to assist State and local
prevention and control efforts in reducing the morbidity and
mortality of these epidemics.
(18) The Secretary of Health and Human Services has the
discretion to carry out this Act directly and through whichever
of the agencies of the Public Health Service the Secretary
determines to be appropriate, which may (in the Secretary's
discretion) include the Centers for Disease Control and
Prevention, the Health Resources and Services Administration,
the Substance Abuse and Mental Health Services Administration,
the National Institutes of Health (including the National
Institute on Minority Health and Health Disparities), and other
agencies of such Service.
SEC. 3. REVISION AND EXTENSION OF HEPATITIS SURVEILLANCE, EDUCATION,
AND TESTING PROGRAM.
(a) In General.--Section 317N of the Public Health Service Act (42
U.S.C. 247b-15) is amended--
(1) by amending the heading to read as follows:
``surveillance, education, and testing regarding hepatitis
virus'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall, in accordance with this
section, carry out surveillance, education, and testing programs with
respect to hepatitis B and hepatitis C virus infections (referred to in
this section as `HBV' and `HCV', respectively). The Secretary may carry
out such programs directly and through grants to public and nonprofit
private entities, including States, political subdivisions of States,
territories, Indian tribes, and public-private partnerships.
``(b) National System.--In carrying out subsection (a), the
Secretary shall cooperate with States and other public or nonprofit
private entities to seek to establish a national system with respect to
HBV and HCV with the following goals:
``(1) To determine the incidence and prevalence of such
infections, including providing for the reporting of chronic
cases.
``(2) With respect to the population of individuals who
have such an infection, to carry out testing programs to
increase the number of individuals who are aware of their
infection to 50 percent by 2014 and to 75 percent by 2016.
``(3) To develop and disseminate public information and
education programs for the detection and control of such
infections, with priority given to changing behaviors that
place individuals at risk of infection.
``(4) To provide appropriate referrals for counseling and
medical treatment of infected individuals and to ensure, to the
extent practicable, the provision of appropriate follow-up
services.
``(5) To improve the education, training, and skills of
health professionals in the detection, control, and treatment
of such infections, with priority given to pediatricians and
other primary care physicians, and obstetricians and
gynecologists.
``(c) High-Risk Populations; Chronic Cases.--
``(1) In general.--The Secretary shall determine the
populations that, for purposes of this section, are considered
at high-risk for HBV or HCV. The Secretary shall include the
following among those considered at high-risk:
``(A) For HBV, individuals born in countries in
which 2 percent or more of the population has HBV.
``(B) For HCV, individuals born between 1945 and
1965.
``(C) Those who have been exposed to the blood of
infected individuals or of high-risk individuals, are
family members of such individuals, or are sexual
partners of such individuals.
``(2) Priority in programs.--In providing for programs
under subsection (b), the Secretary shall give priority--
``(A) to early diagnosis of chronic cases of HBV or
HCV in high-risk populations under paragraph (1); and
``(B) to education, and referrals for counseling
and medical treatment, for individuals diagnosed under
subparagraph (A) in order to--
``(i) reduce their risk of dying from end-
stage liver disease and liver cancer, and of
transmitting the infection to others;
``(ii) determine the appropriateness for
treatment to reduce the risk of progression to
cirrhosis and liver cancer;
``(iii) receive ongoing medical management,
including regular monitoring of liver function
and screenings for liver cancer;
``(iv) receive, as appropriate, drug,
alcohol abuse, and mental health treatment;
``(v) in the case of women of childbearing
age, receive education on how to prevent HBV
perinatal infection, and to alleviate fears
associated with pregnancy or raising a family;
and
``(vi) receive such other services as the
Secretary determines to be appropriate.
``(3) Cultural context.--In providing for services pursuant
to paragraph (2) for individuals who are diagnosed under
subparagraph (A) of such paragraph, the Secretary shall seek to
ensure that the services are provided in a culturally and
linguistically appropriate manner.''.
(b) Coordination of Development of Federal Screening Guidelines.--
(1) References.--For purposes of this subsection, the term
``CDC Director'' means the Director of the Centers for Disease
Control and Prevention, and the term ``AHRQ Director'' means
the Director of the Agency for Healthcare Research and Quality.
(2) HCV guidelines; centers for disease control and
prevention.--
(A) In general.--Not later than March 1, 2012, the
CDC Director shall complete the revision of the
guidelines of the Centers for Disease Control and
Prevention for screening individuals for the hepatitis
C virus infection (in this section referred to as
``HCV''), and shall transmit a copy of the guidelines
to the AHRQ Director. The scope of the revised
guidelines shall include testing for HCV that is
carried out under section 317N of the Public Health
Service Act (42 U.S.C. 247b-15), as amended by
subsection (a).
(B) Certain factors.--In revising guidelines
pursuant to subparagraph (A), the CDC Director shall
take into account--
(i) the effectiveness issues that have been
raised with respect to the current guidelines
of the Centers for Disease Control and
Prevention for screenings for HCV;
(ii) the importance of responding to the
perception that receiving such screenings may
be stigmatizing; and
(iii) whether age-based screenings would be
effective, considering the use of that approach
in breast and colon cancer screenings.
(3) Agency for healthcare research and quality.--
(A) HCV guidelines.--The AHRQ Director shall, in
developing the recommendations for screenings for HCV
that the AHRQ Director will provide to the Preventive
Services Task Force under section 915(a) of the Public
Health Service Act (42 U.S.C. 299b-4(a)), take into
account--
(i) the guidelines established pursuant to
paragraph (2) by the CDC Director; and
(ii) new and improved treatments for HCV.
(B) HBV guidelines.--The AHRQ Director shall, in
developing the recommendations for screenings for the
hepatitis B virus infection (in this section referred
to as ``HBV'') that the AHRQ Director will provide to
the Preventive Services Task Force referred to in
subparagraph (A), take into account the guidelines for
screenings for HBV that the CDC Director recommended in
2008.
(c) Authorization of Appropriations.--Subsection (e) of section
317N of the Public Health Service Act (42 U.S.C. 247b-15), as
redesignated by subsection (a)(2) of this section, is amended to read
as follows:
``(e) Authorization of Appropriations.--
``(1) In general.--For the purpose of testing, education,
and referrals under this section, there are authorized to be
appropriated $25,000,000 for fiscal year 2012, $35,000,000 for
fiscal year 2013, $20,000,000 for fiscal year 2014, and
$15,000,000 for each of the fiscal years 2015 and 2016.
``(2) Grants.--Of the amounts appropriated under paragraph
(1) for a fiscal year, the Secretary shall reserve not less
than 80 percent for making grants under subsection (a).''.
(d) Savings Provision.--The amendments made by this section shall
not be construed to require termination of any program or activity
carried out by the Secretary of Health and Human Services under section
317N of the Public Health Service Act (42 U.S.C. 247b-15) as in effect
on the day before the date of the enactment of this Act. | Viral Hepatitis Testing Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections.
Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections, (2) carry out testing programs to increase the number of individuals who are aware of their infection, (3) disseminate public information and education programs for the detection and control of such infections, (4) provide referrals for counseling and medical treatment and ensure the provision of follow-up services, and (5) improve the training of health professionals in the treatment of such infections. Directs the Secretary to determine the populations that are considered at high risk.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to complete the revision of CDC guidelines for screening individuals with HCV, taking into account: (1) the effectiveness issues that have been raised with respect to the current CDC guidelines for screening, (2) the importance of responding to the perception that receiving such screening may be stigmatizing, and (3) whether age-based screening would be effective.
Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to: (1) develop HCV screening recommendations, taking into account the guidelines established by CDC and new and improved treatments for HCV; and (2) develop HBV screening recommendations, taking into account the guidelines the CDC recommended in 2008. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to revise and extend the program for viral hepatitis surveillance, education, and testing in order to prevent deaths from liver cancer, and for other purposes."} | 3,441 | 340 | 0.517786 | 1.656818 | 0.684974 | 3.971154 | 10.211538 | 0.971154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Life-Threatening Diseases Compassion
through Combination Therapy Act of 2012''.
SEC. 2. PROMOTING THE DEVELOPMENT OF COMBINATIONS OF INVESTIGATIONAL
NEW DRUGS FOR SERIOUS DISEASES.
(a) In General.--Subchapter A of chapter 5 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting,
after section 505, the following new section:
``SEC. 505E. MARKETING EXCLUSIVITY AND PRIORITY REVIEW FOR SIGNIFICANT
DRUG COMBINATIONS.
``(a) Significant Drug Combination Designation.--
``(1) In general.--The Secretary may designate a
combination of drugs as a significant drug combination if such
combination of drugs--
``(A) includes 2 or more drugs (which may include
one or more biologics subject to licensure under
section 351 of the Public Health Service Act) that--
``(i) when used in combination, offer the
potential to significantly advance treatment
for a serious or life-threatening disease; and
``(ii) in combination, meet the criteria
for codevelopment of drug combinations, as
specified in the Food and Drug Administration's
guidance document entitled `Guidance for
Industry: Codevelopment of Two or More
Unmarketed Investigational Drugs for Use in
Combination' or a successor document; and
``(B) includes at least 2 drugs that, as of the
date on which such designation is made, are not
approved under section 505 of this Act or licensed
under section 351 of the Public Health Service Act.
``(2) Purpose.--The purpose of the designation under
paragraph (1) is to encourage the codevelopment of such drug
combinations.
``(3) Task force recommendations.--In making designations
under paragraph (1), the Secretary shall take into account the
recommendations submitted by the codevelopment task force under
section 3(c)(1) of the Life-Threatening Diseases Compassion
through Combination Therapy Act of 2012.
``(4) Requests.--
``(A) In general.--The manufacturer or sponsor of a
drug may request that the Secretary determine whether a
combination of 2 or more drugs is a significant drug
combination.
``(B) Response to request.--Not later than 30 days
after the submission of the request under subparagraph
(A), the Secretary shall review the request and--
``(i) if the combination of drugs subject
to the request has previously been designated
under paragraph (1) and the combination of
drugs continues to meet the requirements for
such a designation, the Secretary shall provide
notice to the person who submitted the request
that such combination of drugs is a significant
drug combination;
``(ii) if the combination of drugs subject
to the request has not previously been
designated under paragraph (1), but the
combination of drugs meets the requirements for
such a designation, the Secretary shall
designate such drug as a significant drug
combination under paragraph (1) and provide
notice to the person who submitted the request
that such combination of drugs is a significant
drug combination; or
``(iii) if the combination of drugs subject
to the request does not meet the requirements
for designation as a significant drug
combination under paragraph (1), the Secretary
shall provide notice to the person who
submitted the request that such combination of
drugs is not a significant drug combination.
``(C) Deadline.--A request for designation under
subparagraph (A) shall be made concurrently with, or
after, submission of an application for the
investigation of the drug under section 505(i) or
section 351(a)(3) of the Public Health Service Act, but
not later than the first date on which phase I trials
for any of the drugs involved in the drug combination
are completed.
``(b) List of Significant Drug Combinations.--
``(1) Initial list.--Not later than 180 days after the date
of enactment of the Life-Threatening Diseases Compassion
through Combination Therapy Act of 2012, the Secretary shall
develop, and shall publish on the public Web site of the Food
and Drug Administration, an initial list of combinations of 2
or more drugs that the Secretary has designated as significant
drug combinations under subsection (a).
``(2) Update.--The Secretary shall revise and update the
list under paragraph (1) on an annual basis--
``(A) to include additional drug combinations that
the Secretary has designated as significant drug
combinations under subsection (a); and
``(B) to exclude drug combinations which were
previously designated as significant drug combinations
under subsection (a), but which no longer meet the
requirements of subsection (a)(1)(B) (relating to the
minimum number of unapproved drugs in a significant
drug combination).
``(c) Extension of Market Exclusivity.--
``(1) In general.--If, prior to approval of a drug pursuant
to an application submitted under section 505(b), the Secretary
designated a significant drug combination under subsection (a)
that includes such drug, then the four- and five-year periods
described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of
section 505, the three-year periods described in clauses (iii)
and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of
subsection (j)(5)(F) of section 505, or the seven-year period
described in section 527, as applicable, shall be extended by 6
months for such drug.
``(2) Limitations.--Paragraph (1) does not apply to the
approval of--
``(A) a supplement to an application under section
505(b) for a drug in a designated significant drug
combination, if an extension described in paragraph (1)
is in effect or has expired for the original
application (or a prior supplement to such
application); or
``(B) a subsequent application filed by the same
sponsor or manufacturer of a drug in a designated
significant drug combination described in subparagraph
(A) (or a licensor, predecessor in interest, or other
related entity) for--
``(i) a change (not including a
modification to the structure of the drug) that
results in a new indication, route of
administration, dosing schedule, dosage form,
delivery system, delivery device, or strength;
or
``(ii) a modification to the structure of
the drug that does not result in a change in
safety or effectiveness.
``(d) Priority Review.--If a drug is a drug in a significant drug
combination designated under subsection (a), the Secretary shall review
and take action on any application submitted for such drug under
section 505(b) or section 351(k) not later than 6 months after receipt
by the Secretary of such application.
``(e) Significantly Advance Treatment Definition.--For purposes of
this section, the phrase `significantly advance treatment' means, with
respect to a drug combination--
``(1) the drug combination provides for the treatment of
one or more life-threatening or other serious diseases or
conditions for which no therapy exists; or
``(2) if one or more therapies are available for the
treatment of such a disease or condition, the drug combination
is demonstrated, through clinical investigations to cause one
or more improved effects on serious outcomes of the disease or
condition that are affected by alternative therapies, such as--
``(A) superiority of the drug combination; or
``(B) the drug combination minimizes the
development of drug resistance,
in an active controlled trial assessing an endpoint reflecting
serious morbidity.''.
(b) Fast Track Product.--Paragraph (1) of section 506(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)) is amended by
inserting after ``if it is intended for the treatment of a serious or
life-threatening condition and it demonstrates the potential to address
unmet medical needs for such a condition'' the following: ``or if such
drug is a drug in a significant drug combination designated under
section 505E(a)''.
SEC. 3. CODEVELOPMENT TASK FORCE.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
establish an interagency task force for the purpose of encouraging the
codevelopment of drugs in significant drug combinations.
(b) Membership.--The membership of the task force under subsection
(a) shall include experts on--
(1) basic and translational research; and
(2) preclinical and clinical drug development related to
serious and life-threatening diseases, including cancer.
(c) Duties.--The task force under subsection (a) shall have the
following duties:
(1) Recommended significant drug combination list.--
(A) Initial recommendations.--The task force shall
develop a list of types of drug combinations that the
task force recommends that the Secretary designate as
significant drug combinations under section 505E of the
Federal Food, Drug, and Cosmetic Act.
(B) Public comment.--The task force shall make the
list developed under subparagraph (A) publicly
available, and shall provide an opportunity for members
of the public to comment on the content of such list.
(C) Revised recommendations.--Not later than 60
days after making the list publicly available under
subparagraph (B), the task force shall revise the list
under subparagraph (A) in response to the comments
received under subparagraph (B) and shall submit such
revised list to the Secretary and the Congress.
(D) Updates.--On an annual basis, the task force
shall submit to the Secretary and the Congress updates
to the list under subparagraph (C), after making such
updates publicly available and providing an opportunity
for public comment.
(2) Policy report.--
(A) In general.--Not later than one year after the
date of enactment of this Act, and annually thereafter,
the task force shall submit to the Secretary and the
Congress a report that--
(i) identifies--
(I) issues that present challenges
to the codevelopment of drugs in
significant drug combinations; and
(II) opportunities to further
support the codevelopment of drugs in
significant drug combinations; and
(ii) contains recommendations to the
Secretary and the Congress on policy changes
that could provide additional support for the
codevelopment of drugs in significant drug
combinations.
(B) Public comment.--Before submitting the report
under subparagraph (A), the task force shall make a
draft of the report publicly available, and shall
provide an opportunity for members of the public to
comment on such report.
(d) Application of FACA.--Section 14 of the Federal Advisory
Committee Act shall not apply to the duration of the task force under
subsection (a).
(e) Significant Drug Combination Defined.--For purposes of this
section, the term ``significant drug combination'' means a combination
of 2 or more drugs (which may include one or more biologics subject to
licensure under section 351 of the Public Health Service Act) that--
(1) when used in combination, offer the potential to
significantly advance treatment for a serious or life-
threatening disease;
(2) in combination, meet the criteria for codevelopment of
drug combinations, as specified in the Food and Drug
Administration's guidance document entitled ``Guidance for
Industry: Codevelopment of Two or More Unmarketed
Investigational Drugs for Use in Combination'' or a successor
document; and
(3) includes at least 2 drugs that are not approved under
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262).
SEC. 4. STUDY.
(a) In General.--The Secretary of Health and Human Services shall
conduct a study on the impact of the extensions of exclusivity under
section 505E(c) of the Federal Food, Drug, and Cosmetic Act, as added
by section 2, on the development of significant drug combinations, as
defined in section 3(e).
(b) Interim Findings.--The Secretary shall--
(1) make the interim findings from the study under
subsection (a) available to the task force under section 4 and
the public; and
(2) shall provide an opportunity for the task force and
members of the public to make comments on such findings.
(c) Final Findings.--Not later than 5 years after the date of the
enactment of this Act, after providing the opportunity for comment
described in subsection (b), the Secretary shall submit the findings of
the study under subsection (a) to the Congress. | Life-Threatening Diseases Compassion through Combination Therapy Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services (HHS) to designate a combination of drugs as a significant drug combination if such combination: (1) includes two or more drugs or biological products that, when used in combination, offer the potential to significantly advance treatment for a serious or life-threatening disease and, in combination, meet the criteria for co-development of drug combinations in Food and Drug Administration (FDA) guidance; and (2) includes at least two drugs that are not approved.
Requires the Secretary to develop, publish, and revise annually a list of combinations of two or more drugs designated as significant drug combinations.
Extends the market exclusivity for a drug by six months if it is designated as a significant drug combination before it is approved as a new drug.
Requires the Secretary to review and take action on a drug in a significant drug combination designated under this Act within six months after receiving an application for approval of a new drug application or licensure of a biosimilar biological product.
Requires the Secretary, at the request of the sponsor of a drug, to expedite development and review for designated drug combinations.
Requires the Secretary to establish an interagency task force to encourage the co-development of drugs in significant drug combinations. Requires the task force to develop, revise in response to public comments, and update annually a list of types of drug combinations it recommends that the Secretary designate as significant drug combinations.
Directs the Secretary to study the impact of the extension of market exclusivity under this Act. | {"src": "billsum_train", "title": "To amend title V of the Federal Food, Drug, and Cosmetic Act to provide for extensions of marketing exclusivity periods for drugs in certain combinations of such drugs, and for other purposes."} | 2,817 | 373 | 0.713178 | 2.339327 | 0.805052 | 3.666667 | 8.074766 | 0.925234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Capital Gains
Enhancement Act of 1997''.
SEC. 2. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS
STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to 50-percent exclusion
for gain from certain small business stock) is amended--
(A) by striking ``50 percent'' and inserting ``75
percent'', and
(B) by striking ``50-Percent'' in the heading and
inserting ``75-Percent''.
(2) Conforming amendments.--
(A) The heading for section 1202 of such Code is
amended by striking ``50-percent'' and inserting ``75-
percent''.
(B) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``50-percent'' in the item relating to section 1202 and
inserting ``75-percent''.
(b) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986, as amended by subsection (a), is
amended by striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 of
such Code is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock shall not be treated as qualified small
business stock if such stock was at any time held by any member
of the parent-subsidiary controlled group (as defined in
subsection (d)(3)) which includes the qualified small
business.''
(c) Repeal of Minimum Tax Preference.--
(1) In general.--Section 57(a) of the Internal Revenue Code
of 1986 (relating to items of tax preference) is amended by
striking paragraph (7).
(2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) of
such Code is amended by striking ``, (5), and (7)'' and
inserting ``and (5)''.
(d) Stock of Larger Businesses Eligible for Exclusion.--
(1) Section 1202(d)(1) of the Internal Revenue Code of 1986
(relating to qualified small business) is amended by striking
``$50,000,000'' each place it appears and inserting
``$100,000,000''.
(2) Section 1202(d) of such Code is amended by adding at
the end the following new paragraph:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 1997, the
$100,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 1996' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $1,000,000, such amount shall be rounded to the
next lower multiple of $1,000,000.''
(e) Per-Issuer Limitation.--Section 1202(b)(1)(A) of the Internal
Revenue Code of 1986 (relating to per-issuer limitation on taxpayer's
gain) is amended by striking ``$10,000,000'' and inserting
``$20,000,000''.
(f) Other Modifications.--
(1) Working capital limitation.--Section 1202(e)(6) of the
Internal Revenue Code of 1986 (relating to working capital) is
amended by striking ``2 years'' each place it appears and
inserting ``5 years''.
(2) Redemption rules.--Section 1203(c)(3) of such Code
(relating to certain purchases by corporation of its own stock)
is amended by adding at the end the following new subparagraph:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitation of this section.''
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock issued
after the date of the enactment of this Act.
(2) Special rule.--The amendments made by subsections (c),
(e), and (f) shall apply to stock issued after August 10, 1993.
SEC. 3. ROLLOVER OF CAPITAL GAINS ON CERTAIN 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 ON SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
eligible small business investment 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 other eligible small business
investment purchased by the taxpayer during the 6-month period
beginning on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
This section shall not apply to any gain which is treated as ordinary
income for purposes of this subtitle.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(2) 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, which
is originally issued after December 31, 1996, if--
``(A) as of the date of issuance, such corporation
or partnership is a qualified small business entity,
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter)--
``(i) in exchange for money or other
property (not including stock), or
``(ii) as compensation for services (other
than services performed as an underwriter of
such stock or partnership interest), and
``(C) the taxpayer has held such stock or interest
at least 6 months as of the time of the sale described
in subsection (a).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(3) Active business requirement.--Stock in a corporation,
and a partnership interest in a partnership, shall not be
treated as an eligible small business investment unless, during
substantially all of the taxpayer's holding period for such
stock or partnership interest, such corporation or partnership
meets the active business requirements of subsection (c). A
rule similar to the rule of section 1202(c)(2)(B) shall apply
for purposes of this section.
``(4) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) such entity (and any predecessor
thereof) had aggregate gross assets (as defined
in section 1202(d)(2)) of less than $25,000,000
at all times before the issuance of the
interest described in paragraph (2), and
``(ii) the aggregate gross assets (as so
defined) of the entity immediately after the
issuance (determined by taking into account
amounts received in the issuance) are less than
$25,000,000.
``(B) Aggregation rules.--Rules similar to the
rules of section 1202(d)(3) shall apply for purposes of
this paragraph.
``(c) Active Business Requirement.--
``(1) In general.--For purposes of subsection (b)(3), the
requirements of this subsection are met by a qualified small
business entity for any period if--
``(A) the entity is engaged in the active conduct
of a trade or business, and
``(B) at least 80 percent (by value) of the assets
of such entity are used in the active conduct of a
qualified trade or business (within the meaning of
section 1202(e)(3)).
Such requirements shall not be treated as met for any period if
during such period the entity is described in subparagraph (A),
(B), (C), or (D) of section 1202(e)(4).
``(2) Special rule for certain activities.--For purposes of
paragraph (1), if, in connection with any future trade or
business, an entity is engaged in--
``(A) startup activities described in section
195(c)(1)(A),
``(B) activities resulting in the payment or
incurring of expenditures which may be treated as
research and experimental expenditures under section
174, or
``(C) activities with respect to in-house research
expenses described in section 41(b)(4),
such entity shall be treated with respect to such activities as
engaged in (and assets used in such activities shall be treated
as used in) the active conduct of a trade or business. Any
determination under this paragraph shall be made without regard
to whether the entity has any gross income from such activities
at the time of the determination.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (5), (6), (7), and (8) of section 1202(e) shall
apply for purposes of this subsection.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 shall apply for
purposes of this section, except that a 6-month holding period shall be
substituted for a 5-year holding period where applicable.
``(e) Basis Adjustments.--If gain from any sale is not recognized
by reason of subsection (a), such gain shall be applied to reduce (in
the order acquired) the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 6-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 other
eligible small business investments which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase
other eligible small business investments within the 6-
month period described in subsection (a), or
``(C) a failure to make such purchase within such
6-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 and regulations to modify the application of section 1202 to
the extent necessary to apply such section to a partnership rather than
a corporation.''
(b) Conforming Amendment.--Paragraph (23) of section 1016(a) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``or 1044'' and inserting ``, 1044, or
1045'', and
(2) by striking ``or 1044(d)'' and inserting ``, 1044(d),
or 1045(e)''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:
``Sec. 1045. Rollover of gain on small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1996. | Small Business Capital Gains Enhancement Act of 1997 - Amends the Internal Revenue Code to increase from 50 percent to 75 percent the exclusion from gain for a taxpayer, including a corporation, resulting from the sale or exchange of qualified small business stock held for more than five years. States that stock held among members of a parent-subsidiary controlled group shall not be eligible for such treatment.
Exempts such exclusion from alternative minimum tax provisions.
Increases: (1) the qualified small business asset limit from $50 million to $100 million; and (2) the per-issuer limit from $10 million to $20 million.
Increases the working capital asset holding period from two years to five years.
Provides for the nontaxable rollover of gain from qualified small business stock to another small business stock. | {"src": "billsum_train", "title": "Small Business Capital Gains Enhancement Act of 1997"} | 2,892 | 167 | 0.561263 | 1.417012 | 0.706723 | 1.968354 | 16.689873 | 0.841772 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Financial Services
Efficiency Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) In recent years, new technological applications have
had a significant impact on bank capital markets and the manner
in which business enterprises and financial institutions
conduct their activities and operations.
(2) Financial and consumer transactions and communications
are being conducted in digital electronic formats because of
the adoption of new technological applications which allow for
the instantaneous retrieval and transmission of information and
the electronic consummation of business and personal
transactions.
(3) These changes relate not only to the creation,
retention, and delivery of documentation and other data, but
also to the purchase and sale of goods and services, the
receipt and payment of funds, and other aspects of commerce and
finance.-
(4) These developments have allowed for the emergence of a
new electronic commerce infrastructure for consumer and
financial communications and transactions, and the concomitant
emergence of electronic authentication methodologies.
(5) These new technologies have impacted, and will continue
to impact, the national payment system, our financial services
industry, and our Nation's capital markets.
(6) Parties to consumer and financial transactions have
heretofore entered into agreements, consistent with paper-based
authentication methodologies.
(7) Thus, where the formation of agreements are otherwise
valid and effective under applicable law, the parties should be
able to use electronic authentication methodologies of equal or
greater reliability.
(8) Given the size and importance of our domestic economy
and the fact that electronic commerce is not limited by
geographical or national boundaries and will have a significant
impact on international finance, the United States should be
actively involved in the development of uniform global
standards for electronic authentication.
(9) There are many industries that have the technical
expertise, can meet proposed national standards, and have the
desire to offer electronic authentication services. Therefore,
it is important not to prematurely limit market access and
stifle growth by narrowly defining industries that may provide
electronic authentication services.
(10) As a result, it is appropriate for Congress to enable
a framework whereby government, business enterprises, financial
institutions, and consumers can participate in electronic
commerce in a viable, safe, efficient, and consistent manner.
(b) Purpose.--The purpose of this Act is to provide for the
recognition of digital and other forms of authentication as an
alternative to existing paper-based methods, to improve efficiency and
soundness of the Nation's capital markets and payment system, and to
define and harmonize the practices, customs, and uses applicable to the
conduct of electronic authentication.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Electronic commerce.--The term ``electronic commerce''
means the transaction or conduct of business in whole or part
by electronic means.
(2) Electronic means.--The term ``electronic means''
includes all forms of electronic communication mediated by
computer, including telephonic communications, facsimile,
electronic mail, electronic data exchanges, satellite, cable,
and fiber optic communications.
(3) Electronic authentication.--The term ``electronic
authentication'' means any methodology, technology, or
technique intended to--
(A) establish the identity of the maker, sender, or
originator of a document or communication in electronic
commerce; and
(B) establish the fact that the document or
communication has not been altered.
(4) Digital signature.--The term ``digital signature''
means any electronic symbol or series of symbols, created, or
processed by a computer, intended by the party using it (or
authorizing its use) to have the same legal force and effect as
a manual signature.
(5) Certification authority.--The term ``certification
authority'' means any private or public entity which provides
assurance that a particular digital signature, or other form of
electronic authentication, is tied to the identity of an
individual or legal entity, or attests to the current validity
of such a signature.
(6) Trusted third party.--The term ``trusted third party''
means a certification authority who is known to 2 transacting
parties and whose certificate is relied upon by those parties.
(7) Certificate.--The term ``certificate'' is an electronic
message the contents of which enable the recipient to determine
the attestation made regarding the certificate holder by the
certification authority.
(8) State.--The term ``State'' has the meaning given to
such term in section 3 of the Federal Deposit Insurance Act.
(9) Affiliate.--The term ``affiliate'' means any person
that controls, is controlled by, or is under common control
with another person.
SEC. 4. COMMUNICATIONS WITH FEDERAL GOVERNMENTAL AGENCIES.
In any written communication with an agency, department, or
instrumentality of the United States Government, or with any court of
the United States, in which a signature is required or used, any party
to the communication may affix a signature by use of a digital
signature with a certificate issued by a trusted third party.
SEC. 5. VALIDITY OF ELECTRONIC AUTHENTICATION.
(a) Validity of Electronic Communications with Agencies, Courts,
and Instrumentalities of the United States.--All forms of electronic
authentication that comport with standards as described in subsections
(a) and (b) of section 6 of this Act shall have standing equal to
paper-based, written signatures, such that, with respect to any
communications with Federal administrative agencies, Federal courts and
other instrumentalities of the United States government--
(1) any rule of law which requires a record to be in
writing shall be deemed satisfied; and
(2) any rule of law which requires a signature shall be
deemed satisfied.
(b) Validity of Electronic Communications in General.--Unless
otherwise expressly prohibited by the laws of any State, all forms of
electronic authentication that comport with the standards as described
in subsections (a) and (b) of section 6 shall have standing equal to
paper-based, written signatures, such that--
(1) any rule of law which requires a record to be in
writing shall be deemed satisfied; and
(2) any rule of law which requires a signature shall be
deemed satisfied.-
SEC. 6. CRITERIA FOR ELIGIBILITY.
(a) Electronic Authentication.--Electronic authentication
technology shall be deemed valid hereunder if such technology--
(1) reliably establishes the identity of the maker, sender,
or originator of a document or communication in electronic
commerce; and
(2) reliably establishes the fact that the document or
communication has not been altered.
(b) Emerging Technologies.--2 currently acknowledged signature
technologies are public key cryptography and signature dynamics
technology. In contemplation of acceptance of other technological
applications, the following criteria shall be applied in the
determination of their validity for purposes of this Act:
(1) The identification methodology shall be unique to the
person making, sending, originating a document or
communication.
(2) The identification technology shall be capable of
verification.
(3) The identification method or device shall be under the
sole control of the person using it
(4) The identification technology or device shall be linked
to data or communication transmitted in such a manner that if
such data or communication has been altered, the authentication
becomes invalid.
SEC. 7. NATIONAL ASSOCIATION OF CERTIFICATION AUTHORITIES.
(a) In General.--There is hereby established the National
Association of Certification Authorities (hereafter in this section
referred to as the ``Association'').
(b) Registration.--Any person or group wishing to provide
electronic authentication services in the United States shall be a
registered member of the Association.
(c) Denial of Membership.--
(1) Decertification.--The Association may deny membership
to any person or group (or any affiliate of such person or
group) who has been decertified pursuant to subsection
(e)(5)(D)(iii).
(2) Failure to comply with code of conduct.--The
Association may deny membership to any provider of electronic
authentication services who fails to comply with any
guidelines, standards, or codes of conduct regarding the use of
electronic authentication established by the Electronic
Authentications Standards Review Committee pursuant to
subsection (e)(2).
(3) Failure to meet standards.--The Association may deny
membership to any provider of electronic authentication
services to any person or group that is unable to meet
standards established pursuant to subsections (a) and (b) of
section 6.
(4) Practices inconsistent with this act.--The Association
may bar an individual from becoming affiliated with a member of
the Association if such individual has engaged in acts or
practices inconsistent with this Act and rules established by
the Association.
(5) Lack of cooperation.--The Association may bar any
person or group from becoming affiliated with a member if such
person or group does not agree--
(A) to supply the Association with such information
with respect to the relationship and dealings of such
person or group with the member as may be specified in
the rules of the Association; and
(B) to permit examination of the books and records
of such person or group to verify the accuracy of any
information so supplied.
(d) Dues.--The rules of the Association shall provide for the
equitable allocation of reasonable dues, fees, and other charges among
members and other persons applying for membership or using any facility
or system which the Association operates or controls.
(e) Standards Review Committee.--
(1) In general.--The Association shall establish the
Electronic Authentications Standards Review Committee
(hereafter in this subsection referred to as the ``Standards
Review Committee'') which shall establish, develop, and refine
criteria to be applied to the emerging electronic
authentication industry, including--
(A) the roles and responsibilities of the parties
involved in electronic authentication;
(B) the application of the standards described in
section 6(b) to emerging electronic authentication;
(C) recognition of foreign legal and regulatory
standards; and
(D) transparency requirements, licensing, and
registration of certification authorities.
(2) Rulemaking.--With the approval of the Secretary of the
Treasury, the Standards Review Committee shall establish and
adopt such guidelines, standards, and codes of conduct
regarding the use of electronic authentication by members of
the Association, including the rights and responsibilities of
certification authorities in matters involving notification,
disclosure requirements, liability of consumers and
certification authorities, and hearing procedures regarding
disciplinary actions taken by the Standards Review Committee in
furtherance of the purposes of this Act.
(3) Enforcement.--The Standards Review Committee shall have
enforcement powers to ensure minimum standards and protections
for consumers and shall establish and adopt disciplinary
procedures and policies in furtherance of the purposes of this
Act.
(4) Disciplinary actions.--The Standards Review Committee
shall organize in a manner such that disciplinary actions
against members shall be heard fairly and in a timely fashion
and afford due process.
(5) Notification.--
(A) In general.--If, in the opinion of the
Standards Review Committee, any certification authority
is engaging or has engaged in conduct in contravention
of any guideline, standard, or code of conduct
prescribed in accordance with paragraph (3), the
Standards Review Committee shall notify such
certification authority.
(B) Statement of facts.--The notification shall
contain a statement of the facts constituting the
violation.
(C) Period for response.--The certification
authority shall respond to such notification within 15
days.
(D) Sanctions.--Based upon the response of the
certification authority, if the Standards Review
Committee determines that the certification authority has violated any
such guideline, standard, or code of conduct, the committee may take
any of the following actions:
(i) Censure.--Publicly censure the
certification authority.
(ii) Suspension.--Prohibit the
certification authority from providing
electronic authentication services in the
United States for such period of time as the
committee may determine to be appropriate.
(iii) Decertification.--Prohibit the
certification authority from providing
electronic authentication services in the
United States.
(iv) Civil penalty.--Impose monetary
penalties on the certification authority.
(6) Judicial review.--Any party aggrieved by an order of
the Standards Review Committee under this Act may obtain a
review of such order in the United States Court of Appeals
within any circuit wherein such party has its principal place
of business or in the court of Appeals in the District of
Columbia, by filing in the court, within 30 days after the
entry of the Standards Review Committee order, a petition
praying that the order of the Standards Review Committee be set
aside. A copy of such petition shall be forthwith transmitted
to the Standards Review Committee by the clerk of the court,
and thereupon the Standards Review Committee shall file in the
court the record made before the Standards Review Committee.
Upon the filing of such petition the court shall have the
jurisdiction to affirm, set aside, or modify the order of the
Standards Review Committee and to require the Standards Review
Committee to take such action with regard to the matter under
review as the court deems proper. The findings of the Standards
Review Committee as to the facts, if supported by substantial
evidence, shall be conclusive.-
(7) Report to secretary of the treasury.--The Standards
Review Committee shall transmit to the Secretary of the
Treasury, not later than February 20 and July 20 of each year,
complete reports of the activities of the committee undertaken
in furtherance of the purposes of this Act, including a
statement of the committee's objectives and plans for the next
semiannual reporting period.
(8) Studies and recommendations.--The Standards Review
Committee may conduct studies to carry out the purposes of this
Act. On the basis of such studies the Committee may make
recommendations to the Secretary of the Treasury concerning the
implementation of this Act and such legislative and
administrative action as the committee may determine to be
necessary to promote the recognition of electronic
authentication as an alternative to paper-based methods of
verification.
SEC. 8. OVERSIGHT.
The Secretary of the Treasury shall provide effective oversight and
shall review the activities of the Electronic Authentication Standards
Review Committee on a semiannual basis, providing a venue for the
discussion and airing of all activity, standards and other material
issues which may have arisen during that time period.
SEC. 9. CONSUMER PROTECTION.
(a) In General.--No provision of this Act shall be construed as
impairing any right afforded a consumer under the provisions of any law
applicable to an underlying transaction or communication that is
authenticated by digital signature or other form of electronic
authentication that comports with the standards as described in
subsections (a) and (b) of section 6.
(b) Notification.--Any transaction or communication involving a
consumer that is authenticated by digital signature or other form of
electronic authentication that comports with the standards as described
in subsections (a) and (b) of section 6 shall contain a notification of
the fact that such transaction or communication has been authenticated.
Such notification shall be in such form as prescribed by the Electronic
Authentication Standards Review Committee.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer.--The term ``consumer'' means an individual.
(2) Transaction.--The term ``transaction'' refers only to
transactions for personal, family, or household purposes.
(3) Communication.--The term ``communication'' means a
communication pertaining only to personal, family, or household
purposes. | Electronic Financial Services Efficiency Act of 1997 - Provides that: (1) in any written communication with any Federal agency or instrumentality, or any U.S. court, which calls for a signature, any party to the communication may affix a digital signature with a certificate issued by a trusted third party; and (2) all forms of electronic communication that comport with the standards prescribed by this Act shall have standing equal to paper-based written signatures with respect to Federal agencies, courts, and instrumentalities, as well as in general.
Sets forth criteria for electronic authentication technology and other signature technologies.
Establishes the National Association of Certification Authorities (Association), of which any person wishing to provide electronic authentication services shall be a registered member. Prescribes membership guidelines. Requires the Association to establish the Electronic Authentication Standards Review Committee, with rulemaking and enforcement powers, which shall: (1) establish, develop, and refine criteria for application to the emerging electronic authentication industry; and (2) report biannually to the Secretary of the Treasury.
Requires the Secretary to oversee and review the Committee's activities. | {"src": "billsum_train", "title": "Electronic Financial Services Efficiency Act of 1997"} | 3,377 | 234 | 0.49832 | 1.541913 | 0.637863 | 3.037037 | 14.689815 | 0.935185 |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.