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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iraqi Refugee and
Internally Displaced Persons Humanitarian Assistance, Resettlement, and
Security Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Sense of Congress.
Sec. 5. Statements of policy.
Sec. 6. Humanitarian assistance for vulnerable populations in Iraq and
Iraqi refugees.
Sec. 7. Iraqi refugee admissions and processing.
Sec. 8. International cooperation.
Sec. 9. Reports to Congress.
SEC. 2. DEFINITIONS.
In this Act:
(1) IDPs.--The term ``IDPs'' means internally displaced
people in Iraq.
(2) UNHCR.--The term ``UNHCR'' means the Office of the
United Nations High Commissioner for Refugees.
(3) Vulnerable populations in iraq.--The term ``vulnerable
populations in Iraq'' includes IDPs, Iraqis from ethnically
mixed families, women at risk, unaccompanied children and
adolescents, the elderly, Iraqis with serious medical needs,
survivors of violence or torture, Iraqis who are members of
religious or other minority groups, including Chaldo Assyrian
Christians, Sabian Mandaens, Yazidis, Jews, and Baha'is, and
any other group determined to vulnerable by the Secretary of
State in consultation with the UNHCR.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Since the beginning of the war in Iraq, according to
the UNHCR, more than 2,000,000 Iraqis have fled their homes for
neighboring countries to avoid sectarian and other violence.
(2) According to the UNHCR, there are more than 2,700,000
IDPs, many lacking adequate food, shelter, and other basic
services.
(3) The security situation in several locations within Iraq
reduces access to the Iraqi population by Iraqi Government
agencies and humanitarian aid providers and greatly limits the
provision of aid.
(4) The Iraq Study group predicted that ``[a] humanitarian
catastrophe could follow as more refugees are forced to
relocate across the country and the region.''.
(5) The dispersion of Iraqi refugees in poor urban areas of
host countries makes it exceedingly difficult for humanitarian
agencies to identify and reach these populations.
(6) Many Iraqis have put their lives and those of their
families at risk by working for the United States Government,
United States corporations, the United States media, and
nongovernmental organizations.
(7) Since March 2003, the United States has resettled less
than 20,000 Iraqi refugees, while Jordan and Syria have
provided temporary asylum to 2,000,000 Iraqis, and other
countries neighboring Iraq have received tens of thousands more
Iraqis.
(8) Since March 2003, Sweden has accepted 40,000 Iraqi
refugees, and Denmark evacuated and resettled 370 Iraqi
interpreters and other Iraqis who worked for Danish troops
prior to the Danish contingent's departure from Iraq in 2007.
(9) Current United States policies governing the processing
of refugees constrain United States Government agencies from
expediting the screening processes and increasing the number of
Iraqis accepted into the United States.
(10) The massive flow of Iraqi refugees into neighboring
host countries has overwhelmed existing social, economic, and
security capacities of such countries.
(11) While Iraqi refugees and IDPs are disproportionately
made up of vulnerable populations, many other segments of the
Iraqi population at large are also vulnerable.
(12) Increasing poverty and despair among displaced
populations may provide fertile ground for extremist ideologies
to take root and possible recruitment by extremist groups.
(13) The humanitarian crisis in Iraq and neighboring
countries threatens to destabilize the entire region.
(14) United States policy is to admit at least 50 percent
of the refugees referred by the UNHCR. In 2007, the UNHCR
referred more than 10,000 cases to the United States, and the
United States resettled 1,608 Iraqi refugees. The United States
has pledged to admit 12,000 Iraqi refugees during 2008.
(15) During 2008, the Government of Iraq has dedicated
$18,000,000 to its Ministry of Displaced and Immigration and
offered $25,000,000 to neighboring countries hosting Iraqi
refugees, even as the Government of Iraq is predicting it will
likely generate more than $32,000,000,000 in oil revenues
during 2008 alone.
(16) The United States has yet to disclose a long-term
comprehensive strategy to address humanitarian and security
crisis related to Iraqi refugees.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Iraqi refugees and IDPs will have an impact on the
security of the region and the short- and long-term effects of
their displacement should be considered within overall United
States toward Iraq policy and be addressed at the highest
levels of Government;
(2) it is in the United States humanitarian and national
interests to demonstrate the United States commitment to
resettle Iraqi refugees and IDPs and the United States should
work with other governments, including the member states of the
Organization for Security and Cooperation in Europe, to
encourage such governments to do the same; and
(3) the United States should express its gratitude and
support to host countries for providing humanitarian assistance
to Iraqi refugees and to countries that have already resettled
Iraqi refugees.
SEC. 5. STATEMENTS OF POLICY.
The policy of the United States shall be the following:
(1) To lead an initiative to provide for the relief of
vulnerable populations in Iraq and Iraqi refugees in
neighboring countries and to take the lead in funding
assistance requests from the UNHCR, other humanitarian
agencies, and international organizations by funding at levels
well above the traditional United States share, and to assist
in the resettlement of Iraqi refugees.
(2) To develop immediately a long-term comprehensive
strategy for Iraq in coordination with the Government of Iraq
and host countries, the United Nations, and nongovernmental
organizations to meet the humanitarian and security needs of
Iraqi refugees and IDPs and to establish within the Executive
Office of the President a Special Coordinator for Iraqi
Refugees and Internally Displaced Persons to ensure expeditious
and effective implementation of such a strategy.
(3) To work with the Government of Iraq, the United
Nations, and nongovernmental organizations to help the
Government of Iraq improve its capacity and ability to provide
relief for vulnerable populations in Iraq in all communities
throughout Iraq and to provide assistance to Iraqi refugees in
neighboring countries.
(4) To commit to working with international partners,
including the United Nations, donor countries, international
financial institutions, international and indigenous
nongovernmental organizations, and other international
organizations to assist in providing for the emergency, medium-
, and long-term humanitarian needs of vulnerable populations in
Iraq and Iraqi refugees in neighboring countries.
SEC. 6. HUMANITARIAN ASSISTANCE FOR VULNERABLE POPULATIONS IN IRAQ AND
IRAQI REFUGEES.
(a) In General.--With respect to vulnerable populations in Iraq and
with respect to each country containing a significant population of
Iraqi refugees, including Jordan, Syria, Turkey, Lebanon, Egypt, and
Iran, the Secretary of State shall provide bilateral assistance to such
countries, as appropriate under United States law, or funding to
international organizations and nongovernmental organizations in
accordance with subsection (b) that are working to provide humanitarian
assistance, including adequate food, shelter, clean drinking water,
sanitation, health care, education, and protection to such refugees or
populations.
(b) Assistance and Funding.--Assistance and funding under
subsection (a) shall be in the form of--
(1) contributions to the UNHCR that are not less than 50
percent of the amount requested by the UNHCR and other
international organizations providing humanitarian assistance
to vulnerable populations in Iraq and to Iraqi refugees in
neighboring countries, for 2008, 2009, and 2010 for aid to such
populations and refugees;
(2) contributions to the International Federation of the
Red Cross and Red Crescent, other nongovernmental
organizations, and other international organizations working in
such countries to provide aid to vulnerable populations in Iraq
and to Iraqi refugees in neighboring countries; and
(3) technical assistance to relevant ministries of the
Government of Iraq, contingent on substantially increased
Government of Iraq funding of assistance programs for
vulnerable populations in Iraq and for Iraqi refugees in
neighboring countries, together with appropriate monitoring
mechanisms.
(c) Special Provisions Relating to Vulnerable Populations in Iraq
and Iraqi Refugees.--The Secretary of State shall make every effort to
ensure that the humanitarian needs of vulnerable populations in Iraq
and Iraqi refugees in neighboring countries are met, including
increased resources to improve the registration capabilities of
nongovernmental organizations for such vulnerable populations and such
refugees, adequate food, shelter, clean drinking water, sanitation,
health care, education, and protection.
(d) Authorizations of Appropriations.--
(1) In general.--There is authorized to be appropriated
$700,000,000 for each of fiscal years 2009, 2010, and 2011 to
carry out this section. Amounts appropriated pursuant to this
authorization shall be in addition to amounts otherwise
available for such purposes.
(2) For jordan.--
(A) In general.--In addition to amounts authorized
to be appropriated pursuant to paragraph (1), there is
authorized to be appropriated $500,000,000 for fiscal
year 2009 to Jordan to provide humanitarian assistance
to Iraqi refugees and to provide the necessary
infrastructure to support both the needs of Iraqi
refugees and the Jordanian people, such as for housing,
educational facilities, health clinics, improved access
to water resources and sanitation facilities and
related social services.
(B) Cooperation and monitoring.--In cooperation
with the Government of Jordan, the President shall
establish appropriate monitoring and transparency
mechanisms to ensure that funds appropriated pursuant
to the authorization of appropriations in subparagraph
(A) are effectively administered.
SEC. 7. IRAQI REFUGEE ADMISSIONS AND PROCESSING.
(a) Numerical Limitations.--In addition to the numerical
limitations provided for under subsections (a) and (b) of section 207
of the Immigration and Nationality Act (8 U.S.C. 1157), the number of
refugees who may be admitted during fiscal years 2009, 2010, and 2011
under subsection (c) of such section shall be increased by not fewer
than 20,000 for the purpose of admitting refugees who--
(1) are citizens or nationals of Iraq; and
(2) became refugees on or after March 19, 2003.
(b) Processing Personnel Increase.--Not later than September 30,
2009, the Secretary of State, in coordination with the Secretary of
Homeland Security, shall, subject to the availability of appropriations
for such purpose, have increased by 100 percent the number of Federal
personnel in Iraq (and in other countries in the region, where
appropriate) who are conducting security reviews of Iraqis who have
applied for admission to the United States as refugees above the number
of such personnel conducting such reviews on the date of the enactment
of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2009
through 2011 to carry out this section.
SEC. 8. INTERNATIONAL COOPERATION.
The Secretary of State, in cooperation with the Secretary of
Homeland Security, shall work with the international community,
including the United Nations, the Organization for Security and
Cooperation in Europe, the European Union, the Gulf Cooperation
Council, the Arab League, the Organization of American States, the
Association of Southeast Asian Nations, and others to establish
mechanisms to provide--
(1) financial assistance to vulnerable populations in Iraq
and to Iraqi refugees in neighboring countries through
bilateral assistance to host governments or through
international organizations that are working directly with such
populations and such refugees;
(2) technical and financial assistance to international
organizations in order to process refugees; and
(3) increased attention to and advocacy on behalf of
vulnerable populations in Iraq and Iraqi refugees in
neighboring countries by continuing to strongly support the
work of United Nations agencies and international organizations
providing protection and assistance.
SEC. 9. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, and every 6 months thereafter, the Secretary of State and the
Secretary of Homeland Security shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives a report on the implementation of this Act,
including--
(1) information concerning assistance and funding to host
countries and international organizations and nongovernmental
organizations pursuant to section 6, and accountability reports
regarding the expenditure of such funds;
(2) information concerning measures taken by the United
States to increase its capabilities to process IDPs and Iraqi
refugees for resettlement and the number of such IDPs and
refugees resettled under section 7;
(3) an evaluation of the effectiveness of measures
implemented by agencies of the Government of Iraq to provide
direct assistance to vulnerable populations in Iraq and Iraqi
refugees in neighboring countries; and
(4) information concerning progress on the implementation
of the long-term comprehensive strategy described in section
5(2). | Iraqi Refugee and Internally Displaced Persons Humanitarian Assistance, Resettlement, and Security Act of 2008 - Expresses the sense of Congress concerning Iraqi refugees and internally displaced persons.
Directs the Secretary of State, with respect to vulnerable populations in Iraq and with respect to countries containing a significant population of Iraqi refugees (including Jordan, Syria, Turkey, Lebanon, Egypt, and Iran), to provide such countries or appropriate international organizations and nongovernmental organizations with specified humanitarian assistance.
Directs the Secretary to make every effort to ensure that the humanitarian needs of vulnerable populations in Iraq and Iraqi refugees in neighboring countries are met.
Authorizes appropriations to Jordan for humanitarian assistance to Iraqi refugees and to provide the necessary infrastructure to support both the needs of Iraqi refugees and the Jordanian people. Requires that related fund monitoring mechanisms be established.
Increases refugee admission limitations for the purpose of admitting Iraqi citizens or nationals who became refugees on or after March 19, 2003.
Directs the Secretary, by a specified date and subject to the availability of appropriations, to have increased by 100% the number of federal personnel in Iraq and in other appropriate countries who are conducting security reviews of Iraqi refugee applicants.
Directs the Secretary of State to work with the international community to provide: (1) financial assistance to vulnerable populations in Iraq and to Iraqi refugees in neighboring countries; and (2) technical and financial assistance to international organizations in order to process refugees.
Defines "vulnerable populations in Iraq" to include internally displaced persons. | {"src": "billsum_train", "title": "A bill to address the impending humanitarian crisis and potential security breakdown as a result of the mass influx of Iraqi refugees into neighboring countries, and the growing internally displaced population in Iraq, by increasing directed accountable assistance to these populations and their host countries, facilitating the resettlement of Iraqis at risk, and for other purposes."} | 2,798 | 330 | 0.56254 | 1.73829 | 0.839313 | 4.951557 | 9.276817 | 0.937716 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Advisory
Committee Act Amendments of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Ensuring independent advice and expertise.
Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee
Act and public disclosure.
Sec. 4. Increasing transparency of advisory committees.
Sec. 5. Comptroller General review and reports.
Sec. 6. Application of Federal Advisory Committee Act to Trade Advisory
Committees.
Sec. 7. Definitions.
Sec. 8. Effective date.
SEC. 2. ENSURING INDEPENDENT ADVICE AND EXPERTISE.
(a) Bar on Political Litmus Tests.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended--
(1) in the section heading by inserting ``membership;''
after ``advisory committees;'';
(2) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Appointments Made Without Regard to Political Affiliation or
Activity.--All appointments to advisory committees shall be made
without regard to political affiliation or political activity, unless
required by Federal statute.''.
(b) Minimizing Conflicts of Interest.--Section 9 of the Federal
Advisory Committee Act (5 U.S.C. App.) is further amended by inserting
after subsection (b) (as added by subsection (a)) the following:
``(c) Public Nominations of Committee Members.--Prior to appointing
members to an advisory committee, the head of an agency shall give
interested persons an opportunity to suggest potential committee
members. The agency shall include a request for comments in the Federal
Register notice required under subsection (a) and provide a mechanism
for interested persons to comment through the official website of the
agency. The agency shall consider any comments submitted under this
subsection in selecting the members of an advisory committee.
``(d) Designation of Committee Members.--
``(1) An individual appointed to an advisory committee who
is not a full-time or permanent part-time officer or employee
of the Federal Government shall be designated as--
``(A) a special government employee, if the
individual is providing advice based on the
individual's expertise or experience; or
``(B) a representative, if the individual is
representing the views of an entity or entities outside
of the Federal Government.
``(2) An agency may not designate committee members as
representatives to avoid subjecting them to Federal ethics
rules and requirements.
``(3) The designated agency ethics official for each agency
shall review the members of each advisory committee that
reports to the agency to determine whether each member's
designation is appropriate, and to redesignate members if
appropriate. The designated agency ethics official shall
certify to the head of the agency that such review has been
made--
``(A) following the initial appointment of members;
and
``(B) at the time a committee's charter is renewed,
or, in the case of a committee with an indefinite
charter, every 2 years.
``(4) The head of each agency shall inform each individual
appointed to an advisory committee that reports to the agency
whether the individual is appointed as a special government
employee or as a representative. The agency head shall provide
each committee member with an explanation of the differences
between special government employees and representatives and a
summary of applicable ethics requirements. The agency head,
acting through the designated agency ethics official, shall
obtain signed and dated written confirmation from each
committee member that the member received and reviewed the
information required by this paragraph.
``(5) The Director of the Office of Government Ethics shall
provide guidance to agencies on what to include in the summary
of ethics requirements required by paragraph (4).
``(6) The head of each agency shall, to the extent
practicable, develop and implement strategies to minimize the
need for written determinations under section 208(b)(1) of
title 18, United States Code. Strategies may include such
efforts as improving outreach efforts to potential committee
members and seeking public input on potential committee
members.''.
(c) Regulations Implementing FACA.--Section 7(c) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended by inserting after
``(c)'' the following: ``The Administrator shall promulgate regulations
as necessary to implement this Act.''.
SEC. 3. PREVENTING EFFORTS TO CIRCUMVENT THE FEDERAL ADVISORY COMMITTEE
ACT AND PUBLIC DISCLOSURE.
(a) De Facto Members.--Section 4 of the Federal Advisory Committee
Act (5 U.S.C. App.) is amended by adding at the end the following:
``(d) Treatment of Individual as Member.--An individual who is not
a full-time or permanent part-time officer or employee of the Federal
Government shall be regarded as a member of a committee if the
individual regularly attends and fully participates in committee
meetings as if the individual were a member, even if the individual
does not have the right to vote or veto the advice or recommendations
of the advisory committee.''.
(b) Subcommittees.--Section 4 of the Federal Advisory Committee Act
(5 U.S.C. App.) is amended by striking subsection (a) and inserting the
following:
``(a) Application.--The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply to each
advisory committee, including any subcommittee or subgroup thereof,
except to the extent that any Act of Congress establishing any such
advisory committee specifically provides otherwise. Any subcommittee or
subgroup that reports to a parent committee established under section
9(a) is not required to comply with section 9(f). In this subsection,
the term `subgroup' includes any working group, task force, or other
entity formed for the purpose of assisting the committee or any
subcommittee of the committee in its work.''.
(c) Committees Created Under Contract.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C) by adding at the end the following: ``An
advisory committee is considered to be established by an agency,
agencies, or the President if it is formed, created, or organized under
contract, other transactional authority, cooperative agreement, grant,
or otherwise at the request or direction of an agency, agencies, or the
President.''.
(d) Advisory Committees Containing Special Government Employees.--
Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is
further amended by adding at the end the following new subsection:
``(e) Special Government Employees.--Committee members appointed as
special government employees shall not be considered full-time or
permanent part-time officers or employees of the Federal Government for
purposes of determining the applicability of this Act under section
3(2).''.
SEC. 4. INCREASING TRANSPARENCY OF ADVISORY COMMITTEES.
(a) Information Requirement.--Section 11 of the Federal Advisory
Committee Act (5 U.S.C. App.) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 11. DISCLOSURE OF INFORMATION.'';
(2) by redesignating subsection (a) as subsection (d) and
in that subsection--
(A) by inserting the following subsection heading:
``Availability of Paper Copies of Transcripts.--''; and
(B) by inserting after ``duplication,'' the
following: ``paper'';
(3) by striking ``(b)'' and inserting ``(e) Agency
Proceeding Defined.--''; and
(4) by inserting before subsection (d), as redesignated by
paragraph (2), the following new subsections:
``(a) In General.--With respect to each advisory committee, the
head of the agency to which the advisory committee reports shall make
publicly available in accordance with subsection (b) the following
information:
``(1) The charter of the advisory committee.
``(2) A description of the process used to establish and
appoint the members of the advisory committee, including the
following:
``(A) The process for identifying prospective
members.
``(B) The process of selecting members for balance
of viewpoints or expertise.
``(C) The reason each member was appointed to the
committee.
``(D) A justification of the need for
representative members, if any.
``(3) A list of all current members, including, for each
member, the following:
``(A) The name of any person or entity that
nominated the member.
``(B) Whether the member is designated as a special
government employee or a representative.
``(C) In the case of a representative, the
individuals or entity whose viewpoint the member
represents.
``(4) A list of all members designated as special
government employees for whom written certifications were made
under section 208(b) of title 18, United States Code, a copy of
each such certification, a summary description of the conflict
necessitating the certification, and the reason for granting
the certification.
``(5) Any recusal agreement made by a member or any recusal
known to the agency that occurs during the course of a meeting
or other work of the committee.
``(6) A summary of the process used by the advisory
committee for making decisions.
``(7) Transcripts or audio or video recordings of all
meetings of the committee.
``(8) Any written determination by the President or the
head of the agency to which the advisory committee reports,
pursuant to section 10(d), to close a meeting or any portion of
a meeting and the reasons for such determination.
``(9) Notices of future meetings of the committee.
``(10) Any additional information considered relevant by
the head of the agency to which the advisory committee reports.
``(b) Manner of Disclosure.--
``(1) Except as provided in paragraph (2), the head of an
agency shall make the information required to be disclosed
under this section available electronically on the official
public internet site of the agency at least 15 calendar days
before each meeting of an advisory committee. If the head of
the agency determines that such timing is not practicable for
any required information, he shall make the information
available as soon as practicable but no later than 48 hours
before the next meeting of the committee. An agency may
withhold from disclosure any information that would be exempt
from disclosure under section 552 of title 5, United States
Code.
``(2) The head of an agency shall make available
electronically, on the official public internet site of the
agency, a transcript or audio or video recording of each
advisory committee meeting as required by subsection (a)(6) not
later than 30 calendar days after the meeting.
``(c) Provision of Information by Administrator of General
Services.--The Administrator of General Services shall provide, on the
official public internet site of the General Services Administration,
electronic access to the information made available by each agency
under this section.''.
(b) Charter Filing.--Section 9(f) of the Federal Advisory Committee
Act (5 U.S.C. App.), as redesignated by section 2, is amended--
(1) by striking ``with (1) the Administrator,'' and all
that follows through ``, or'' and inserting ``(1) with the
Administrator and'';
(2) by striking ``and'' at the end of subparagraph (I);
(3) by striking the period and inserting a semicolon at the
end of subparagraph (J); and
(4) by adding at the end the following new subparagraphs:
``(K) the authority under which the committee is
established;
``(L) the estimated number of members and a description of
the expertise needed to carry out the objectives of the
committee;
``(M) a description of whether the committee will be
composed of special government employees, representatives, or
members from both categories; and
``(N) whether the committee has the authority to create
subcommittees and if so, the agency official authorized to
exercise such authority.''.
SEC. 5. COMPTROLLER GENERAL REVIEW AND REPORTS.
(a) Review.--The Comptroller General of the United States shall
review compliance by agencies with the Federal Advisory Committee Act,
as amended by this Act, including whether agencies are appropriately
appointing advisory committee members as either special government
employees or representatives.
(b) Report.--The Comptroller General shall submit to the committees
described in subsection (c) two reports on the results of the review,
as follows:
(1) The first report shall be submitted not later than one
year after the date of promulgation of regulations under
section 2.
(2) The second report shall be submitted not later than
five years after such date of promulgation of regulations.
(c) Committees.--The committees described in this subsection are
the Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 6. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT TO TRADE ADVISORY
COMMITTEES.
Section 135(f)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2155) is
amended by striking ``subsection (a) and (b) of sections 10 and 11 of
the Federal Advisory Committee Act'' and inserting ``subsections (a)
and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (d), and
(e) of section 11 of the Federal Advisory Committee Act''.
SEC. 7. DEFINITIONS.
Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is
amended by adding at the end the following new paragraph:
``(5) The term `special Government employee' has the same
meaning as in section 202(a) of title 18, United States
Code.''.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of the enactment
of this Act.
Passed the House of Representatives July 26, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Advisory Committee Act Amendments of 2010 - (Sec. 2) Amends the Federal Advisory Committee Act (FACA) to require appointments to advisory committees to be made without regard to political affiliation or activity, unless otherwise required by federal statute.
Directs the head of an agency, prior to appointing members to an advisory committee, to give interested persons an opportunity to suggest potential committee members. Directs the agency to: (1) include a request for comments in the required notice regarding establishment of the advisory committee; (2) provide a mechanism for interested persons to comment through the agency's official website; and (3) consider any comments submitted in selecting members.
Requires an individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the federal government to be designated as: (1) a special government employee if the individual is providing advice based on the individual's expertise or experience; or (2) a representative if the individual is representing the views of an entity or entities outside of the federal government. Prohibits an agency from designating committee members as representatives to avoid subjecting them to federal ethics rules and requirements.
Requires the designated ethics official for each agency to: (1) determine whether each agency advisory committee member's designation is appropriate and to redesignate members if necessary; and (2) certify to the agency head that such determination has been made following the initial appointment of members and at the time a committee's charter is renewed (or, in the case of a committee with an indefinite charter, every two years).
Directs the agency head to: (1) inform each individual appointed to an agency advisory committee about whether the individual is appointed as a special government employee or as a representative, the differences between the two, and applicable ethics requirements; and (2) obtain a signed confirmation that each member received such information. Requires the Director of the Office of Government Ethics to provide guidance to agencies on such ethics requirements.
Directs the agency head to develop and implement strategies to minimize the need for written determinations regarding whether an employee's financial interest is likely to affect the integrity of the services which the government may expect from such employee.
Requires the Administrator of General Services to promulgate regulations to implement FACA.
(Sec. 3) Deems: (1) an individual who is not a full-time or permanent part-time officer or employee of the federal government to be a member of an advisory committee if the individual regularly attends and participates in committee meetings, even if the individual does not have the right to vote; and (2) an advisory committee to be established by an agency or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency or the President.
(Sec. 4) Requires the head of an agency to which an advisory committee reports to make available on the agency's official public Internet site: (1) the committee's charter; (2) the process used to establish and appoint committee members; (3) specified information about current members, including special government employees for whom conflict of interest certifications were made; (4) information about any recusals from any meeting or other work of the committee; (5) a summary each committee's decision-making process; (6) transcripts or recordings of committee meetings; (7) determinations to close meetings; and (8) notices of future meetings. Requires the Administrator to provide electronic access to such information on the General Services Administration's (GSA's) Internet site. Expands the information required to be disclosed about advisory committee charters.
(Sec. 5) Requires the Comptroller General to review and report on agency compliance with FACA.
(Sec. 6) Amends the Trade Act of 1974 to specify the applicability of FACA provisions to trade advisory committees. | {"src": "billsum_train", "title": "To amend the Federal Advisory Committee Act to increase the transparency and accountability of Federal advisory committees, and for other purposes."} | 3,277 | 842 | 0.632325 | 2.062756 | 0.725075 | 4.321615 | 3.932292 | 0.94401 |
SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY,
NORTH DAKOTA.
(a) Purpose.--The purpose of this Act is to direct the
consolidation of certain mineral interests in the Little Missouri
National Grasslands in Billings County, North Dakota, through the
exchange of Federal and private mineral interests in order to enhance
land management capability and environmental and wildlife protection.
(b) Exchange.--Notwithstanding any other provision of law--
(1) if, not later than 45 days after the date of enactment
of this Act, Burlington Resources Oil & Gas Company (referred
to in this Act as ``Burlington'' and formerly known as Meridian
Oil Inc.), conveys title acceptable to the Secretary of
Agriculture (referred to in this Act as the ``Secretary'') to
all oil and gas rights and interests on lands identified on the
map entitled ``Billings County, North Dakota, Consolidated
Mineral Exchange--November 1995'', by quitclaim deed acceptable
to the Secretary, the Secretary shall convey to Burlington,
subject to valid existing rights, by quitclaim deed, all
Federal oil and gas rights and interests identified on that
map; and
(2) if Burlington makes the conveyance under paragraph (1)
and, not later than 180 days after the date of enactment of
this Act, the owners of the remaining non-oil and gas mineral
interests on lands identified on that map convey title
acceptable to the Secretary to all rights, title, and interests
in the interests held by them, by quitclaim deed acceptable to
the Secretary, the Secretary shall convey to those owners,
subject to valid existing rights, by exchange deed, all
remaining Federal non-oil and gas mineral rights, title, and
interests in National Forest System lands and National
Grasslands identified on that map in the State of North Dakota
as are agreed to by the Secretary and the owners of those
interests.
(c) Leasehold Interests.--As a condition precedent to the
conveyance of interests by the Secretary to Burlington under this Act,
all leasehold and contractual interests in the oil and gas interests to
be conveyed by Burlington to the United States under this Act shall be
released, to the satisfaction of the Secretary.
(d) Equal Valuation of Oil and Gas Rights Exchange.--The values of
the interests to be exchanged under subsection (b)(1) shall be deemed
to be equal.
(e) Approximate Equal Value of Exchanges With Other Interest
Owners.--The values of the interests to be exchanged under subsection
(b)(2) shall be approximately equal, as determined by the Secretary.
(f) Land Use.--
(1) Exploration and development.--The Secretary shall grant
to Burlington, and its successors and assigns, the use of
Federally-owned surface lands to explore for and develop
interests conveyed to Burlington under this Act, subject to
applicable Federal and State laws.
(2) Surface occupancy and use.--Rights to surface occupancy
and use that Burlington would have absent the exchange under
this Act on its interests conveyed under this Act shall apply
to the same extent on the federally owned surface estate
overlying oil and gas rights conveyed to Burlington under this
Act.
(g) Environmental Protection for Environmentally Sensitive Lands.--
All activities of Burlington, and its successors and assigns, relating
to exploration and development on environmentally sensitive National
Forest System lands, as described in the ``Memorandum of Understanding
Concerning Certain Severed Mineral Estates, Billings County, North
Dakota'', executed by the Forest Service and Burlington and dated
November 2, 1995, shall be subject to the terms of the memorandum.
(h) Map.--The map referred to in subsection (b) shall be provided
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives, kept on file in
the office of the Chief of the Forest Service, and made available for
public inspection in the office of the Forest Supervisor of the Custer
National Forest within 45 days after the date of enactment of this Act.
(i) Continuation of Multiple Use.--Nothing in this Act shall limit,
restrict, or otherwise effect the application of the principle of
multiple use (including outdoor recreation, range, timber, watershed,
and fish and wildlife purposes) in any area of the Little Missouri
National Grasslands. Federal grazing permits or privileges in areas
designated on the map entitled ``Billings County, North Dakota,
Consolidated Mineral Exchange--November 1995'' or those lands described
in the ``Memorandum of Understanding Concerning Certain Severed Mineral
Estates, Billings County, North Dakota'', shall not be curtailed or
otherwise limited as a result of the exchange authorized by this Act. | Directs the Secretary of Agriculture to convey to the Burlington Resources Oil and Gas Company (formerly Meridian Oil Inc.) all Federal oil and gas rights and interests identified on a map entitled the "Billings County, North Dakota, Consolidated Mineral Exchange--November 1995," contingent on Burlington's conveyance to the Secretary of title to its own oil and gas rights and interests identified on the same map. States that the values of such exchanged oil and gas rights shall be deemed to be equal.
Directs the Secretary, after Burlington makes such conveyance, to convey all remaining Federal non-oil and gas mineral rights, title, and interests in the National Forest System lands and National Grasslands in the State of North Dakota, to owners of the remaining non-oil and gas mineral interests identified on such map, contingent on the owners' conveyance to the Secretary of all their rights, title, and interests. States that the values of such exchanged interests shall be approximately equal, as determined by the Secretary.
Directs the Secretary to grant to Burlington the use of federally-owned surface lands to explore and develop interests conveyed to Burlington under this Act. | {"src": "billsum_train", "title": "To consolidate certain mineral interests in the National Grasslands in Billings County, North Dakota, through the exchange of Federal and private mineral interests to enhance land management capabilities and environmental and wildlife protection, and for other purposes."} | 1,092 | 257 | 0.794681 | 2.419037 | 0.832851 | 4.707207 | 4.22973 | 0.923423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conrad State 30 Improvement Act''.
SEC. 2. ELIMINATION OF SUNSET PROVISION OF CONRAD STATE 30 PROGRAM.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking
``and before September 30, 2012''.
SEC. 3. RETAINING PHYSICIANS IN MEDICALLY UNDERSERVED COMMUNITIES.
Section 203(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1151(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``(A) through (C):'' and inserting a colon; and
(2) by adding at the end the following:
``(D) Certain physicians who have served in
medically underserved communities under section
214(l).--
``(i) Physicians described.--An alien is
described in this subparagraph if the alien has
completed service requirements of a waiver or
exemption requested under section 214(l), plus
an additional 2 years at the location
identified in the section 214(l) waiver or
exemption or in an area or areas designated by
the Secretary of Health and Human Services as
having a shortage of health care professionals,
including alien physicians who completed such
service before the date of enactment of the
Conrad State 30 Improvement Act.
``(ii) Construction.--Nothing in this
subparagraph may be construed--
``(I) to prevent the filing of a
petition with the Secretary of Homeland
Security for classification under
section 204(a) or the filing of an
application for adjustment of status
under section 245 by an alien physician
described in this subparagraph prior to
the date by which such alien physician
has completed the service described in
section 214(l) or worked full-time as a
physician for an aggregate of 5 years
at the location identified in the
section 214(l) waiver or exemption or
in an area or areas designated by the
Secretary of Health and Human Services
as having a shortage of health care
professionals; or
``(II) to permit the Secretary of
Homeland Security to grant such a
petition or application until the alien
has satisfied all the requirements of
the waiver or exemption received under
section 214(l).''.
SEC. 4. INCENTIVES FOR PHYSICIANS TO PRACTICE IN MEDICALLY UNDERSERVED
COMMUNITIES.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended, by adding at the end the following:
``(12) An alien physician described in section 212(j)(2)(B) who
entered or is seeking to enter the United States as a nonimmigrant
described in section 101(a)(15)(H)(i)(b) to pursue graduate medical
education or training shall not be subject to the limitations described
in paragraph (1) or (4), provided that the period of authorized
admission of such alien as an H-1B nonimmigrant may not extend beyond
the 6-year period beginning on the date on which the alien receives the
exemption described in subparagraph (A), other than extensions
authorized by section 104 or 106 of the American Competitiveness in the
Twenty-First Century Act of 2000 (Public Law 106-313; 114 Stat. 1251)
or an amendment made by such section, if an interested State agency
submits a request for an exemption under section 214(l)(1)(B), but not
1 of the 10 waivers or exemptions described in subsection
(l)(1)(D)(ii).''.
SEC. 5. RESTRICTIONS ON WAIVERS AND PHYSICIAN PROTECTIONS.
(a) In General.--Section 214(l)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(1)) is amended--
(1) by amending the matter preceding subparagraph (A) to
read as follows:
``(1) In the case of a request by an interested State agency, or by
an interested Federal agency, for a waiver by the Secretary of Homeland
Security of the 2-year foreign residence requirement under section
212(e) on behalf of an alien described in clause (iii) of such section
or in the case of a request to the Secretary of State for certification
of an exemption from the limitation described in paragraphs (1) and (4)
of subsection (g) on behalf of an alien described in paragraph (12) of
such subsection, the Secretary of Homeland Security and the Secretary
of State shall not grant such waiver or exemption certification
unless--'';
(2) in subparagraph (A), by striking ``United States
Information Agency'' and inserting ``Secretary of State'';
(3) in subparagraph (B), by striking ``would not cause the
number of waivers allotted for that State for that fiscal year
to exceed 30;'' and inserting ``or exemption would not cause
the total number of waivers plus the total number of exemptions
allotted for that State for that fiscal year to exceed 30,
unless such allotment is increased pursuant to paragraph
(4);'';
(4) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the alien demonstrates a bona fide offer of
full-time employment, at a health care organization,
which employment has been determined by the Secretary
of Homeland Security to be in the public interest;
``(ii) the alien agrees to begin employment with
the health facility or health care organization in a
geographic area or areas which are designated by the
Secretary of Health and Human Services as having a
shortage of health care professionals by the later of
the date that is 90 days after receiving such waiver or
exemption, 90 days after completing graduate medical
education or training under a program approved pursuant
to section 212(j)(1), or 90 days after receiving
nonimmigrant status or employment authorization, and
agrees to continue to work for a total of not less than
3 years in any status authorized for such employment
under this subsection unless--
``(I) the Secretary determines that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization, in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization, for the remainder of such 3-year
period;
``(II) the interested State agency that
requested the waiver or exemption attests that
extenuating circumstances exist that justify a
lesser period of employment at such facility or
organization in which case the alien shall
demonstrate another bona fide offer of
employment at a health facility or health care
organization so designated by the Secretary of
Health and Human services, for the remainder of
such 3-year period; or
``(III) if the alien elects not to pursue a
determination of extenuating circumstances
pursuant to subclause (I) or (II), the alien
terminates the alien's employment relationship
with such facility or organization, in which
case the alien shall be employed for the
remainder of such 3-year period, and 1
additional year for each termination, at
another health facility or health care
organization in a geographic area or areas
which are designated by the Secretary of Health
and Human Services as having a shortage of
health care professionals;''; and
(5) in subparagraph (D)--
(A) in clause (ii), by striking ``would not cause
the number of the waivers'' and inserting ``or
exemption would not cause the total number of waivers
and exemptions''; and
(B) in clause (iii), by inserting ``or exemption''
after ``waiver''.
(b) Change of Status.--Section 214(l)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(l)(2)(A)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by inserting ``described in section 212(e)(iii)'' after
``status of an alien''.
SEC. 6. ALLOTMENT OF WAIVERS AND EXTENSIONS; LIMITATION OF WAIVERS OF
PERIOD OF AUTHORIZED ADMISSION; OTHER PHYSICIAN
PROTECTIONS.
Section 214(l) of the Immigration and Nationality Act (8 U.S.C.
1184(l)) is amended by adding at the end the following:
``(4)(A)(i) All States shall be allotted a total of 35 waivers and
exemptions under paragraph (1)(B) for a fiscal year if, during the
previous fiscal year, the total number of waivers and exemptions
awarded to all the States is at least 90 percent of the total number of
the waivers and exemptions available to the States that received 5 or
more such waivers or exemptions.
``(ii) When an allocation has occurred under clause (i), all States
shall be allotted an additional 5 waivers and exemptions under
paragraph (1)(B) for each subsequent fiscal year if, during the
previous fiscal year, the total number of waivers and exemptions
awarded to all the States is at least 90 percent of the total number of
the waivers and exemptions available to the States that received 5 or
more such waivers or exemptions.
``(B) Any increase in allotments under subparagraph (A) shall be
maintained indefinitely, unless in a fiscal year, the total number of
such waivers and exemptions granted is 5 percent lower than in the last
year in which there was an increase in the number of waivers and
exemptions allotted pursuant to this paragraph, in which case--
``(i) the number of waivers and exemptions allotted shall
be decreased by 5 for all States beginning in the next fiscal
year; and
``(ii) each additional 5 percent decrease in such waivers
and exemptions granted from the last year in which there was an
increase in the allotment, shall result in an additional
decrease of 5 waivers and exemptions allotted for all States,
provided that the number of waivers and exemptions allotted for
all States shall not drop below 30.
``(5) An alien granted a waiver or exemption under paragraph (1)(C)
shall enter into an employment agreement with the contracting health
facility or health care organization that--
``(A) specifies the maximum number of on-call hours per
week (which may be a monthly average) that the alien will be
expected to be available and the compensation the alien will
receive for on-call time;
``(B) specifies whether the contracting facility or
organization will pay for the alien's malpractice insurance
premiums, including whether the employer will provide
malpractice insurance and, if so, the amount of such insurance
that will be provided;
``(C) describes all of the work locations that the alien
will work and a statement that the contracting facility or
organization will not add additional work locations without the
approval of the Federal agency or State agency that requested
the waiver or exemption; and
``(D) does not include a non-compete provision.
``(6) An alien granted a waiver or exemption under paragraph (1)(C)
whose employment relationship with a health facility or health care
organization terminates during the 3-year service period required by
such paragraph--
``(A) shall have a period of 120 days beginning on the date
of such termination of employment to submit to the Secretary of
Homeland Security applications or petitions to commence
employment with another contracting health facility or health
care organization in a geographic area or areas which are
designated by the Secretary of Health and Human Services as
having a shortage of health care professionals; and
``(B) shall be considered to be maintaining lawful status
in an authorized stay during the 120-day period referred to in
subsection (A).
``(7) Notwithstanding paragraph (1)--
``(A) an alien that terminates the alien's employment
relationship with a health facility or health care
organization, except under paragraph (1)(C)(ii)(III), shall not
be eligible for an exemption from the limitations described in
paragraphs (1) and (4) of subsection (g); and
``(B) if such an alien was previously granted such
exemption, the Secretary of Homeland Security shall rescind
such exemption.''. | Conrad State 30 Improvement Act - Amends the Immigration and Nationality Technical Corrections Act of 1994 to make the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program permanent.
Includes in the priority worker preference allocation for employment-based immigrants alien physicians who have completed service requirements of a state waiver or exemption, plus an additional two years at the waiver-identified location or in a health care shortage area (including alien physicians who completed such service prior to enactment of this Act).
Exempts H-1B nonimmigrant aliens seeking to enter the United States to pursue graduate medical education or training from specified entry limitations (including permitting extension of the six-year authorized period of admission under specified circumstances).
Increases the number of alien physicians that a state may be allocated from 30 to 35 per fiscal year under specified circumstances.
Permits an alien physician, after fulfilling a three-year service period with a health care employer, to apply for employment with a new health care employer in a health care shortage area. | {"src": "billsum_train", "title": "A bill to provide incentives to physicians to practice in rural and medically underserved communities and for other purposes."} | 2,786 | 227 | 0.594459 | 1.582358 | 0.928254 | 2.136364 | 12.530303 | 0.853535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Telecommunications
Consumer Enhancement Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the rapid deployment of advanced telecommunications and
information technologies and services to all Americans by
promoting competition and reducing regulation in
telecommunications markets nationwide.
(2) The Telecommunications Act of 1996 specifically
recognized the unique abilities and circumstances of local
exchange carriers with fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.
(3) Given the markets two percent carriers typically serve,
such carriers are uniquely positioned to accelerate the
deployment of advanced services and competitive initiatives for
the benefit of consumers in less densely populated regions of
the Nation.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on two percent carriers, impeding such
carriers' deployment of advanced telecommunications services
and competitive initiatives to consumers in less densely
populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers
will enable such carriers to devote additional resources to the
deployment of advanced services and to competitive initiatives
to benefit consumers in less densely populated regions of the
Nation.
(6) Reducing regulatory burdens on two percent carriers
will increase such carriers' ability to respond to marketplace
conditions, allowing them to accelerate deployment of advanced
services and competitive initiatives to benefit consumers in
less densely populated regions of the Nation.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate the deployment of advanced services and
the development of competition in the telecommunications
industry for the benefit of consumers in all regions of the
Nation, consistent with the Telecommunications Act of 1996, by
reducing regulatory burdens on local exchange carriers with
fewer than two percent of the Nation's subscriber lines
installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such
initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.
SEC. 3. DEFINITION.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (51) and (52) as paragraphs
(52) and (53), respectively; and
(2) by inserting after paragraph (50) the following:
``(51) Two percent carrier.--The term `two percent carrier'
means an incumbent local exchange carrier within the meaning of
section 251(h) that has fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.''.
SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.
Title II of the Communications Act of 1934 is amended by adding at
the end thereof a new part IV as follows:
``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS
``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.
``(a) Commission To Take Into Account Differences.--In adopting
rules that apply to incumbent local exchange carriers (within the
meaning of section 251(h)), the Commission shall separately evaluate
the burden that any proposed regulatory, compliance, or reporting
requirements would have on two percent carriers.
``(b) Effect of Reconsideration or Waiver.--If the Commission
adopts a rule that applies to incumbent local exchange carriers and
fails to separately evaluate the burden that any proposed regulatory,
compliance, or reporting requirement would have on two percent
carriers, the Commission shall not enforce the rule against two percent
carriers unless and until the Commission performs such separate
evaluation.
``(c) Additional Review Not Required.--Nothing in this section
shall be construed to require the Commission to conduct a separate
evaluation under subsection (a) if the rules adopted do not apply to
two percent carriers, or such carriers are exempted from such rules.
``(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, chapter 6 of title 5, United States Code, the Commission's
rules, or any other provision of law.
``(e) Effective Date.--The provisions of this section shall apply
with respect to any rule adopted on or after the date of the enactment
of this section.
``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
``(a) Limitation.--The Commission shall not require a two percent
carrier--
``(1) to file cost allocation manuals or to have such
manuals audited, but a two percent carrier that qualifies as a
class A carrier shall annually certify to the Commission that
the two percent carrier's cost allocation complies with the
rules of the Commission; or
``(2) to file Automated Reporting and Management
Information Systems (ARMIS) reports.
``(b) Preservation of Authority.--Except as provided in subsection
(a), nothing in this Act limits the authority of the Commission to
obtain access to information under sections 211, 213, 215, 218, and 220
with respect to two percent carriers.
``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.
``The Commission shall not require any two percent carrier to
establish or maintain a separate affiliate to provide any common
carrier or noncommon carrier services, including local and
interexchange services, commercial mobile radio services, advanced
services (within the meaning of section 706 of the Telecommunications
Act of 1996), paging, Internet, information services or other enhanced
services, or other services. The Commission shall not require any two
percent carrier and its affiliates to maintain separate officers,
directors, or other personnel, network facilities, buildings, research
and development departments, books of account, financing, marketing,
provisioning, or other operations.
``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.
``(a) NECA Pool.--The participation or withdrawal from
participation by a two percent carrier of one or more study areas in
the common line tariff administered and filed by the National Exchange
Carrier Association or any successor tariff or administrator shall not
obligate such carrier to participate or withdraw from participation in
such tariff for any other study area.
``(b) Price Cap Regulation.--A two percent carrier may elect to be
regulated by the Commission under price cap rate regulation, or elect
to withdraw from such regulation, for one or more of its study areas at
any time. The Commission shall not require a carrier making an election
under this paragraph with respect to any study area or areas to make
the same election for any other study area.
``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.
``The Commission shall permit two percent carriers to introduce new
interstate telecommunications services by filing a tariff on one day's
notice showing the charges, classifications, regulations and practices
therefor, without obtaining a waiver, or make any other showing before
the Commission in advance of the tariff filing. The Commission shall
not have authority to approve or disapprove the rate structure for such
services shown in such tariff.
``SEC. 286. ENTRY OF COMPETING CARRIER.
``(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to deaverage its
interstate switched or special access rates, file tariffs on one day's
notice, and file contract-based tariffs for interstate switched or
special access services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such carrier is
engaged in facilities-based entry within such carrier's service area.
``(b) Pricing Deregulation.--Notwithstanding any other provision of
this Act, upon receipt by the Commission of a certification by a two
percent carrier that a local exchange carrier that is not a two percent
carrier is engaged in facilities-based entry within the two percent
carrier's service area, the Commission shall regulate such two percent
carrier as non-dominant, and therefore shall not require the tariffing
of the interstate service offerings of such two percent carrier.
``(c) Participation in Exchange Carrier Association Tariff.--A two
percent carrier that meets the requirements of subsection (a) or (b) of
this section with respect to one or more study areas shall be permitted
to participate in the common line tariff administered and filed by the
National Exchange Carrier Association or any successor tariff or
administrator, by electing to include one or more of its study areas in
such tariff.
``(d) Definitions.--For purposes of this section:
``(1) Facilities-based entry.--The term `facilities-based
entry' means, within the service area of a two percent
carrier--
``(A) the provision or procurement of local
telephone exchange switching capability; and
``(B) the provision of local exchange service to at
least one unaffiliated customer.
``(2) Contract-based tariff.--The term `contract-based
tariff' shall mean a tariff based on a service contract entered
into between a two percent carrier and one or more customers of
such carrier. Such tariff shall include--
``(A) the term of the contract, including any
renewal options;
``(B) a brief description of each of the services
provided under the contract;
``(C) minimum volume commitments for each service,
if any;
``(D) the contract price for each service or
services at the volume levels committed to by the
customer or customers;
``(E) a brief description of any volume discounts
built into the contract rate structure; and
``(F) a general description of any other
classifications, practices, and regulations affecting
the contract rate.
``(3) Service area.--The term `service area' has the same
meaning as in section 214(e)(5).
``SEC. 287. SAVINGS PROVISIONS.
``(a) Commission Authority.--Nothing in this part shall be
construed to restrict the authority of the Commission under sections
201 through 205 and 208.
``(b) Rural Telephone Company Rights.--Nothing in this part shall
be construed to diminish the rights of rural telephone companies
otherwise accorded by this Act, or the rules, policies, procedures,
guidelines, and standards of the Commission as of the date of the
enactment of this section.''.
SEC. 5. LIMITATION ON MERGER REVIEW
(a) Amendment.--Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following:
``(f) Deadline for Making Public Interest Determination.--
``(1) Time limit.--In connection with any merger between
two percent carriers, or the acquisition, directly or
indirectly, by a two percent carrier or its affiliate of the
securities or assets of another two percent carrier or its
affiliate, the Commission shall make any determination required
by subsection (d) of this section or section 214 not later than
60 days after the date an application with respect to such
merger is submitted to the Commission.
``(2) Approval absent action.--If the Commission does not
approve or deny an application as described in paragraph (1) by
the end of the period specified, the application shall be
deemed approved on the day after the end of such period. Any
such application deemed approved under this subsection shall be
deemed approved without conditions.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any application that is submitted to the Commission on
or after the date of the enactment of this Act. Applications pending
with the Commission on the date of the enactment of this Act shall be
subject to the requirements of this section as if they had been filed
with the Commission on the date of the enactment of this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
(a) Amendment.--Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding to the end the following:
``(c) Expedited Action Required.--
``(1) Time limit.--Within 90 days after receiving from a
two percent carrier a petition for reconsideration filed under
this section or a petition for waiver of a rule, policy, or
other Commission requirement, the Commission shall issue an
order granting or denying such petition. If the Commission
fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the
relief sought in such petition shall be deemed granted. If the
Commission fails to act on a petition for reconsideration
subject to the requirements of this section within this 90 day
period, the Commission's enforcement of any rule the
reconsideration of which was specifically sought by the
petitioning party shall be stayed with respect to that party
until the Commission issues an order granting or denying such
petition.
``(2) Finality of action.--Any order issued under paragraph
(1), or any grant of a petition for waiver that is deemed to
occur as a result of the Commission's failure to act under
paragraph (1), shall be a final order and may be appealed.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any petition for reconsideration or petition for waiver
that is submitted to the Commission on or after the date of the
enactment of this Act. Pending petitions for reconsideration or
petitions for waiver shall be subject to the requirements of this
section as if they had been filed on the date of the enactment of this
Act.
Passed the House of Representatives October 3, 2000.
Attest:
Clerk. | Directs the Federal Communications Commission (FCC), in adopting rules that apply to incumbent local exchange carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on two percent carriers. Authorizes a two percent carrier to seek a waiver or reconsideration of an adopted rule which does not separately evaluate such burden upon such carriers.
Prohibits the FCC from requiring a two percent carrier to file cost allocation manuals or Automated Reporting and Management Information systems (but requires a two percent carrier that qualifies as a class A carrier to annually certify to the FCC that such carrier's cost allocation complies with FCC rules).
Prohibits the FCC from requiring any two percent carrier to establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services, or to maintain separate officers, personnel, facilities, books or accounts, or other operations.
States that the participation or withdrawal from participation by a two percent carrier of one or more study areas in the common line tariff administered and filed by the National Exchange Carrier Association (NECA) or any successor tariff or administrator shall not obligate such carrier to participate or withdraw from participation in such tariff for any other study area. Authorizes a two percent carrier to elect to be regulated by the FCC under price cap regulation, or to withdraw from such regulation, for one or more of its study areas at any time.
Directs the FCC to permit two percent carriers to introduce new telecommunications services by filing a tariff on one day's notice, without making any other showing before the FCC in advance of such filing.
Allows any two percent carrier to deaverage its interstate switched or special rates and file contract-based tariffs for interstate switched or special access services immediately upon certifying to the FCC that an unaffiliated carrier has engaged in facilities-based entry within such carrier's service area. Requires the FCC to regulate such two percent carrier as non-dominant, and therefore not subject to tariffing of interstate services, after such certification. Allows such a carrier to participate in the common line tariff administered and filed by the NECA or any successor tariff or administrator by electing to include one or more of its study areas in such tariff.
Requires the FCC to determine: (1) within 60 days after application that the public interest, convenience, and necessity will be served by a merger or acquisition between two percent carriers; and (2) within 90 days a petition by a two percent carrier for reconsideration or waiver of a rule, policy, or other FCC requirement (as authorized under this Act). | {"src": "billsum_train", "title": "Independent Telecommunications Consumer Enhancement Act of 2000"} | 3,115 | 572 | 0.499538 | 1.662588 | 0.658738 | 5.539394 | 5.674747 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Country Economic
Revitalization Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2000, the Native American Business Development,
Trade Promotion, and Tourism Act (Public Law 106-464; 25 U.S.C.
4301 et seq.) identified the need for the Federal Government to
promote long-range economic development of Indian lands.
(2) This law established within the Department of Commerce
an office to coordinate Federal programs related to Indian
economic development, promote the international trade and
export of Indian goods and services, and conduct intertribal
tourism demonstration projects.
(3) To have additional impact, this law should be amended
to expand Federal support for the economic development of
Indian tribes and Indian lands.
(4) Recent fiscal priorities of the Federal Government have
negatively impacted Indian tribes as well as others due to
their dependence upon Federal funds.
(5) The Federal Government has a trust responsibility to
Indian tribes and should support tribal-owned enterprises and
Indian-owned businesses by preparing recommendations for
Congress on improved statutory measures that support the
development of sustainable tribal economies.
SEC. 3. REPORT AND RECOMMENDATIONS TO CONGRESS ON TRIBAL ECONOMIC
DEVELOPMENT.
The Native American Business Development, Trade Promotion, and
Tourism Act of 2000 (Public Law 106-464; 25 U.S.C. 4301 et seq.) is
amended--
(1) by redesignating section 8 as section 9; and
(2) by inserting after section 7 the following new section:
``SEC. 8. REPORT AND RECOMMENDATIONS TO CONGRESS ON TRIBAL ECONOMIC
DEVELOPMENT.
``(a) Reporting Requirement.--Not later than 1 year after the date
of the enactment of the Indian Country Economic Revitalization Act of
2014, and every 3 years thereafter, the Secretary of Commerce shall
prepare and submit to the Committee on Natural Resources of the House
of Representatives and the Committee on Indian Affairs of the Senate a
report and recommendations for promoting the sustained growth of the
economies of Indian tribes and Indian lands. In conducting the reports
under this section, the Secretary of Commerce shall consult with--
``(1) the Secretary of the Treasury;
``(2) the Secretary of the Interior;
``(3) the Secretary of Agriculture;
``(4) the Administrator of the Small Business
Administration;
``(5) the Board of Governors of the Federal Reserve System;
``(6) the heads of other Federal agencies as determined by
the Secretary of Commerce;
``(7) the White House Council on Native American Affairs;
and
``(8) Indian tribes.
``(b) Contents of Report.--Each report prepared under subsection
(a) shall include the following:
``(1) Data on Indian business development and employment
during the 3-year period immediately preceding the date of the
submission of the report, except that the first such report
shall include data for the 10-year period immediately preceding
the date of the submission of such report. Such data shall
include, at a minimum--
``(A) data from each decennial census conducted by
the Bureau of the Census for the period covered by the
report; and
``(B) relevant data voluntarily provided by Indian
tribes, Indian-owned businesses, and other tribal
business entities.
``(2) An assessment of existing structural advantages and
barriers to the economic development of Indian tribes and
Indian lands, including an analysis of the economic effect on
Indian tribes and Indian lands of the following:
``(A) Federal judicial decisions and administrative
actions authorizing the application of laws of general
applicability to economic development activities
occurring on Indian lands, in places with respect to
which Congress has not expressly authorized such
application.
``(B) Federal judicial decisions and actions by the
Internal Revenue Service authorizing the taxation of
Indian income and economic development activities
within Indian lands in places with respect to which
Federal law does not expressly authorize such taxation.
``(C) Tax incentives in the Internal Revenue Code
of 1986, including wage credits, accelerated
depreciation deductions, tax-exempt bonds, and new
market tax credits, including an assessment of how
additional new tax incentives such as tribal
empowerment zones may impact tribal economic
development.
``(D) Such other related factors that provide an
advantage or barrier to economic development on Indian
lands.
``(3) Analysis of Indian access to adequate infrastructure,
affordable energy, educational opportunities, and investment
capital.
``(4) Recommendations to Congress on legislation to
strengthen the economies of Indian tribes and Indian lands in
areas that include--
``(A) regulatory, tax, and trust reform; and
``(B) other related areas that promote the findings
and purposes provided in section 2.
``(c) Use of Previous Studies.--In conducting the studies under
this section, the Secretary of Commerce shall consider any appropriate
information contained in previous studies and reports, such as the
following:
``(1) The American Indian Policy Review Commission Final
Report, dated May 17, 1977.
``(2) The Report and Recommendations of the Presidential
Commission on Indian Reservation Economies, dated November
1984.
``(3) The Native American Economic Policy Report:
Developing Tribal Economies to Create Healthy, Sustainable, and
Culturally Vibrant Communities, dated 2007.
``(4) The report titled `Growing Economies in Indian
Country: Taking Stock of Progress and Partnerships', dated
April 2012.''. | Indian Country Economic Revitalization Act of 2014 - Amends the Native American Business Development, Trade Promotion, and Tourism Act of 2000 to direct the Secretary of Commerce, within one year of this Act's enactment and every three years thereafter, to submit a report and recommendations for promoting the sustained growth of the economies of Indian tribes and lands. Requires each report to include: data on Indian business development and employment during the preceding 3-year period, except for the first report which is to include data from the preceding 10 years; an assessment of existing structural advantages and barriers to the economic development of Indian tribes and lands; an analysis of Indian access to adequate infrastructure, affordable energy, educational opportunities, and investment capital; and recommendations on legislation to strengthen the economies of Indian tribes and lands in areas that include regulatory, tax, and trust reform. Directs the Secretary to consider appropriate information contained in previous studies and reports in conducting this Act's studies. | {"src": "billsum_train", "title": "Indian Country Economic Revitalization Act of 2014"} | 1,189 | 207 | 0.672594 | 1.835917 | 0.798754 | 4.610811 | 6.340541 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consistent Public Land Laws
Enforcement Act of 2002''.
SEC. 2. CONSISTENT ENFORCEMENT AUTHORITY REGARDING NATIONAL PARK SYSTEM
LANDS, NATIONAL FOREST LANDS, AND OTHER PUBLIC LANDS.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(a)) is amended by striking the second sentence and inserting the
following new sentences: ``A violation of any such regulation shall be
a Class B misdemeanor, except that a person who knowingly and willfully
violates any such regulation shall be guilty of a Class A misdemeanor,
subject to fine as provided in section 3571 of title 18, United States
Code, or imprisonment as provided in section 3581 of that title, or
both. A person who violates any such regulation may also be adjudged to
pay all costs of the proceedings.''.
(b) National Park System Lands.--
(1) Enforcement.--Section 3 of the Act of August 25, 1916
(popularly known as the National Park Service Organic Act; 16
U.S.C. 3) is amended in the first sentence--
(A) by striking ``That the Secretary'' and
inserting ``(a) Regulations for Use and Management of
National Park System; Enforcement.--The Secretary'';
and
(B) by striking ``Service,'' and all that follows
through ``proceedings.'' and inserting the following:
``Service. A violation of any such rule or regulation
shall be a Class B misdemeanor, except that a person
who knowingly and willfully violates any such rule or
regulation shall be guilty of a Class A misdemeanor,
subject to fine as provided in section 3571 of title
18, United States Code, or imprisonment as provided in
section 3581 of that title, or both. A person who
violates any such rule or regulation may also be
adjudged to pay all costs of the proceedings.''.
(2) Conforming amendments.--Such section is further
amended--
(A) by striking ``He may also'' the first place it
appears and inserting the following:
``(b) Special Management Authorities.--The Secretary of the
Interior may'';
(B) by striking ``He may also'' the second place it
appears and inserting ``The Secretary may''; and
(C) by striking ``No natural,'' and inserting the
following:
``(c) Lease and Permit Authorities.--No natural''.
(c) National Forest System Lands.--The eleventh undesignated
paragraph under the heading ``surveying the public lands'' of the Act
of June 4, 1897 (16 U.S.C. 551), is amended by striking ``destruction;
and any'' and all that follows through ``or both.'' and inserting the
following: ``destruction. A violation of any such rule or regulation
shall be a Class B misdemeanor, except that a person who knowingly and
willfully violates any such rule or regulation shall be guilty of a
Class A misdemeanor, subject to fine as provided in section 3571 of
title 18, United States Code, or imprisonment as provided in section
3581 of that title, or both. A person who violates any such rule or
regulation may also be adjudged to pay all costs of the proceedings.''.
SEC. 3. CONSISTENT AUTHORITIES REGARDING USE OF COLLECTED FINES.
(a) Lands Under Jurisdiction of Bureau of Land Management.--Section
305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1735), is amended by adding at the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a regulation prescribed under section 303(a) shall be
available to the Secretary, without further appropriation and
until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
public lands rendered necessary by the action which led
to the fine.
``(B) To increase public awareness of regulations
and other requirements regarding the use of the public
lands.
``(2) Return of excess funds to treasury.--Moneys referred
to in paragraph (1) that the Secretary determines are excess to
the amounts necessary to carry out the purposes specified in
such paragraph shall be transferred to miscellaneous
receipts.''.
(b) National Park System Lands.--Section 3 of the Act of August 25,
1916 (popularly known as the National Park Service Organic Act; 16
U.S.C. 3), as amended by section 2(b), is further amended by adding at
the end the following new subsection:
``(d) Use of Collected Fines.--
``(1) Availability and authorized use.--Any moneys received
by the United States as a result of a fine imposed under
section 3571 of title 18, United States Code, for a violation
of a rule or regulation prescribed under this section shall be
available to the Secretary of the Interior, without further
appropriation and until expended, for the following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on the
National Park System lands rendered necessary by the
action which led to the fine.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of the such lands.
``(2) Return of excess funds to treasury.--Moneys referred
to in paragraph (1) that the Secretary determines are excess to
the amounts necessary to carry out the purposes specified in
such paragraph shall be transferred to miscellaneous
receipts.''.
(c) National Forest System Lands.--Section 7 of the Act of June 20,
1958 (16 U.S.C. 579c), is amended--
(1) by inserting ``(a) Treatment of Certain Moneys Received
on Behalf of Forest Service.--'' before ``Any funds'';
(2) by striking ``contract or (2)'' and inserting
``contract, (2)'';
(3) by inserting after ``improvements,'' the following:
``or (3) as a result of a fine imposed under section 3571 of
title 18, United States Code, for a violation of a rule or
regulation prescribed by the Secretary of Agriculture with
respect to such lands,'';
(4) by striking ``to cover'' and all that follows through
the end of the section and inserting the following: ``for the
purposes specified in subsection (b).''; and
(5) by adding at the end the following new subsection:
``(b) Authorized Use.--
``(1) In general.--The moneys referred to in subsection (a)
shall be available to the Secretary of Agriculture for the
following purposes:
``(A) To cover the cost to the United States of any
improvement, protection, or rehabilitation work on
National Forest System lands rendered necessary by the
action which led to the fine, forfeiture, judgment,
compromise, or settlement.
``(B) To increase public awareness of rules,
regulations, and other requirements regarding the use
of the such lands.
``(2) Return of excess funds to treasury.--Moneys referred
to in subsection (a) that the Secretary determines are excess
to the amounts necessary to carry out the purposes specified in
paragraph (1) shall be transferred to miscellaneous
receipts.''. | Consistent Public Land Laws Enforcement Act of 2002 - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, and other Federal law to classify as a Class B misdemeanor a violation of any regulation concerning the management, use, and protection of National Park System lands, National Forest lands, and other public lands. Makes a person guilty of a Class A misdemeanor (subject to a higher fine and/or imprisonment) for the knowing and willful violation of any such regulation. Provides authority to adjudge persons who commit such a violation to pay all costs of the proceedings.Allows fines so collected to be used to: (1) cover the costs of improvement, protection, or rehabilitation of the public lands rendered necessary by such violation; and (2) increase public awareness of such regulations and other requirements concerning public land use. | {"src": "billsum_train", "title": "To provide consistent enforcement authority to the Bureau of Land Management, the National Park Service, and the Forest Service to respond to violations of regulations regarding the management, use, and protection of the public lands, National Park System lands, and National Forest System lands, to clarify the purposes for which collected fines may be used, and for other purposes."} | 1,794 | 195 | 0.60854 | 1.769417 | 0.752209 | 3.687117 | 9.631902 | 0.889571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Retinopathy Prevention Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Type 2 diabetes affects 17,000,000 Americans, with over
1,000,000 new cases diagnosed each year, and costs the Nation
an estimated $138,000,000,000 per year.
(2) Diabetic retinopathy is the most common complication
resulting from diabetes, and causes degradation in visual
acuity and eventual blindness. Diabetic retinopathy is the
leading cause of blindness in people aged 20 to 74, and up to
24,000 diabetics become legally blind each year.
(3) Most individuals with diabetes will ultimately develop
diabetic retinopathy, and the risk of diabetic retinopathy
increases with the duration of diabetes. Onset of type 2
diabetes is today occurring at younger ages, which will
increase the prevalence of diabetic retinopathy in the future.
(4) Clinical trials have demonstrated that early detection
and treatment of diabetic retinopathy can reduce vision loss by
90 percent, and remote assessment of diabetic retinopathy has
the potential to reach large numbers of diabetic patients who
live in rural, remote or underserved areas and who lack
geographical or financial access to regular, in-office eye
examinations by eye specialists.
SEC. 3. MEDICARE COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in paragraph (s)(1)--
(A) in subparagraph (U), by striking ``and'' at the
end;
(B) in subparagraph (V)(iii), by adding ``and'' at
the end; and
(C) by inserting after subparagraph (V) the
following new subparagraph:
``(W) remote assessment of diabetic retinopathy (as defined
in subsection (ww));''; and
(2) by adding at the end the following new subsection:
``Remote Assessment of Diabetic Retinopathy
``(ww) The term `remote assessment of diabetic retinopathy' means a
diagnostic examination of the retina for the purpose of early detection
of diabetic retinopathy that--
``(1) is provided not more frequently than on an annual
basis to an individual who has been diagnosed with diabetes;
``(2) meets technical standards set forth by the Secretary
(which shall be determined in consultation with industry and
practitioner groups with expertise in ophthalmic photography,
telemedicine, or related fields); and
``(3) is furnished via a telecommunications system by a
physician (as defined in subsection (r)), a practitioner
(described in section 1842(b)(18)(C) of this title), or a non-
physician technician deemed to be qualified by the Secretary
under the regulations promulgated pursuant to this Act, to an
eligible patient enrolled under this part, notwithstanding that
the individual physician or practitioner providing the service
is not at the same location as the beneficiary.''.
(b) Payment Notwithstanding Limitation on Store and Forward
Technology.--Notwithstanding any limitations to the contrary that are
set forth in section 1834(m)(1) of the Social Security Act (42 U.S.C.
1395m(m)(1)), the amendments made by subsection (a) shall be applicable
to remote assessments of diabetic retinopathy that are furnished
through the use of store-and-forward technologies that provide for the
asynchronous transmission of health care information in single or
multimedia formats.
(c) Interim Payment Pending Publication of Final Rule.--For the
period beginning 30 days after the date of the enactment of this Act
and ending on the date the Secretary of Health and Human Services
publishes a final regulation to carry out section 1861(s)(1)(W) of the
Social Security Act, as added by subsection (a), the Secretary shall
provide for payment of retinopathy assessments furnished under such
section during such period, and assign such temporary HCPCS code as is
necessary to provide for such payment.
(d) Study on Reimbursement for Remote Assessments of Diabetic
Retinopathy.--(1) Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall conduct a
study on the costs incurred by health care providers to provide remote
assessment of diabetic retinopathy services, including an analysis of--
(A) per-patient cost, and
(B) start-up and administrative costs.
(2) Not later than 2 years after the date of the enactment of this
Act, the Secretary shall submit a report to Congress on the study
conducted under paragraph (1) and shall include recommendations as
respect to--
(A) the adequacy of reimbursements for remote assessment of
diabetic retinopathy under the medicare program; and
(B) whether the study under paragraph (1) should be
repeated, and if so, how frequently.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date that is 30 days
after the date of the enactment of this Act.
SEC. 4 MEDICAID COVERAGE OF REMOTE ASSESSMENT OF DIABETIC RETINOPATHY.
(a) Requirement.--Section 1905(a)(13) of the Social Security Act
(42 U.S.C. 1396d(a)(13)) is amended by inserting ``remote assessment of
diabetic retinopathy (as defined in section 1861(s)(1)(ww)),'' after
``including''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to assessments performed on or after the date of the enactment of
this Act.
(c) State Compliance.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires State
legislation (other than legislation authorizing or appropriating funds)
in order for the plan to meet the additional requirement imposed by the
amendments made by subsection (a), the State plan shall not be regarded
as failing to comply with the requirements of such title solely on the
basis of its failure to meet this additional requirement before the
first day of the first calendar quarter beginning after the close of
the first regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative session,
each year of such session shall be deemed to be a separate regular
session of the State legislature.
SEC. 5. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended--
(1) by moving section 317R so that it follows section 317Q;
and
(2) by inserting after section 317R (as so moved) the
following:
``SEC. 317S. MOBILE DIABETIC RETINOPATHY SCREENING PILOT PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Mobile Diabetic Retinopathy
Screening Pilot Program'', to make grants to 5 eligible
entities for the purpose of establishing mobile diabetic
retinopathy screening programs.
``(2) Use of funds.--The Secretary may not make a grant to
an eligible entity under this section unless the entity agrees
to use the grant to carry out a project consisting of the
design, demonstration, and implementation of a mobile diabetic
retinopathy screening program.
``(3) Maximum amount.--The Secretary may not make any grant
under this section in an amount that is greater than $1,000,000
for any year.
``(4) Solicitation of applications.--Not later than 90 days
after the date on which amounts are first made available to
carry out this section, the Secretary shall publish a notice of
solicitation for applications for grants under this section
that specifies the information to be included in each
application.
``(5) Applications.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(6) Priority.--In making grants under this section, the
Secretary shall give priority to any applicant that--
``(A) has experience in evaluating diabetic
retinopathy using telecommunications equipment,
including store and forward technologies; and
``(B) proposes to serve rural, impoverished,
minority, and remote populations.
``(7) Congressional notification.--The Secretary may not
make a grant under this section unless, not less than 3 days
before making the grant, the Secretary provides notification of
the grant to the appropriate committees of the Congress.
``(b) Evaluation and Report.--
``(1) Evaluation.--Not later than 3 years after making the
first grant under this section, the Secretary shall convene an
advisory committee for the purposes of conducting an evaluation
of the Mobile Diabetic Retinopathy Screening Pilot Program. In
conducting the evaluation, the advisory committee shall
determine--
``(A) whether the Program has been effective in
increasing early detection of diabetic retinopathy,
whether preventative measures taken upon such detection
have been effective in decreasing the prevalence and
severity of diabetic retinopathy, and whether these
findings warrant continued or expanded support of the
Program; and
``(B) whether the program may serve as a useful
model for similar screening programs to detect
complications associated with diabetes, high blood
pressure, high cholesterol, and other chronic
conditions.
``(2) Report.--Not later than 42 months after making the
first grant under this section, the Secretary shall submit a
report to the appropriate committees of the Congress containing
the results of the advisory committee's evaluation.
``(c) Definitions.--In this section:
``(1) Advisory committee.--The term `advisory committee'
means the advisory committee convened under subsection (b).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a hospital (as defined in section 1861(e) of
the Social Security Act (42 U.S.C. 1395x(e))); or
``(B) a State, an institution of higher education,
a local government, a tribal government, a nonprofit
health organization, or a community health center
receiving assistance under section 330.
``(3) Mobile diabetic retinopathy screening program.--The
term `mobile diabetic retinopathy screening program' means any
program--
``(A) that offers remote assessment of diabetic
retinopathy as described in Section 1861(s)(1) of the
Social Security Act (42 U.S.C. 1395x);
``(B) whose patients primarily reside in rural,
underserved, and remote areas; and
``(C) that is mobile (as determined by the
Secretary).
``(4) Program.--The term `Program' means the Mobile
Diabetic Retinopathy Screening Pilot Program established under
this section.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section (except for subsection (b))
$5,000,000 for each of fiscal years 2005 through 2009.
``(2) Evaluation and report.--There are authorized to be
appropriated to carry out subsection (b) such sums as may be
necessary.''. | Diabetic Retinopathy Prevention Act of 2003 - Amends the Social Security Act to provide Medicare and Medicaid coverage for remote assessment diabetic retinopathy procedures.
Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a mobile diabetic retinopathy screening pilot program with five eligible entities (hospitals, States, Indian or local governments, institutions of higher education, nonprofit health organizations, or certain community health centers) serving patients primarily in rural underserved areas. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act to provide for coverage under the Medicare and Medicaid Programs of certain screening procedures for diabetic retinopathy, and to amend the Public Health Service Act to establish pilot programs to foster such screening, and for other purposes."} | 2,654 | 111 | 0.553944 | 1.515271 | 0.419902 | 2.632184 | 26.091954 | 0.83908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Restoration
Enhancement Act of 2005''.
SEC. 2. DEFINITIONS.
Section 117(a) of the Federal Water Pollution Control Act (33
U.S.C. 1287(a)) is amended--
(1) in paragraph (3) by striking ``and its''; and
(2) by adding at the end the following new paragraphs:
``(7) chesapeake bay watershed.--The term `Chesapeake Bay
watershed' means the Chesapeake Bay and the area consisting of
36 tributary basins, within the States of Maryland, Virginia,
West Virginia, Pennsylvania, Delaware, and New York and the
District of Columbia, through which precipitation drains into
the Chesapeake Bay.
``(8) Local government advisory committee.--The term `Local
Government Advisory Committee' means the committee of the same
name formed through the 1987 Chesapeake Bay Agreement. The
committee may include representative members from all
jurisdictions within the Chesapeake Bay watershed.
``(9) Tributary strategy.--The term `tributary strategy'
means one of 36 strategies in the Chesapeake Bay watershed that
is a State approved, river-specific, cleanup plan that provides
best management practice implementation actions that, when
taken together, will meet the Chesapeake Bay Agreement goal of
removing nutrient and sediment impairments from the Chesapeake
Bay and its tidal tributaries.
``(10) Tributary basin.--The term `tributary basin' means
an area of land that drains into any one of 36 Chesapeake Bay
tributaries or tributary segments and that is managed through
tributary strategies under this Act.''.
SEC. 3. IMPLEMENTATION AND MONITORING GRANTS.
Section 117(e)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1287(e)(1)) is amended by striking ``approved and committed to
implement all or substantially all aspects'' and inserting ``signed all
or a significant portion''.
SEC. 4. REPORTING.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) is amended by striking subsection (e)(7) and subsection (f) and
inserting the following:
``(7) Reporting.--The Administrator shall make available to
the public on or before January 31 of each year, a document
that lists and describes, in the greatest practicable degree of
detail, all completed projects and accomplishments of the
previous fiscal year funded by the Federal Government, and all
completed projects and accomplishments of the previous fiscal
year funded by a State government, for the Chesapeake Bay
watershed that contribute to Chesapeake Bay Agreement goals.
``(f) Reporting Requirements.--
``(1) In general.--The Administrator shall publish, on or
before January 31 of each year, a `tributary health report
card' to evaluate, based on monitoring and modeling data,
progress made during the preceding fiscal year (including any
practice implemented during the fiscal year), and overall
progress made, in achieving and maintaining nutrient and
sediment reduction goals for each tributary basin.
``(2) Baseline.--The baseline for the report card (in this
subsection referred to as the `baseline') shall be the
tributary cap load allocation agreement numbered EPA 903-R-03-
007, dated December 2003, and entitled `Setting and Allocating
the Chesapeake Bay Basin Nutrient and Sediment Loads: The
Collaborative Process, Technical Tools and Innovative
Approaches'.
``(3) Inclusions.--The report card shall include, for each
tributary basin--
``(A) an identification of the total allocation of
nutrients and sediments under the baseline;
``(B) the monitored and modeled quantities of
nitrogen, phosphorus, and sediment reductions achieved
during the preceding fiscal year, expressed numerically
and as a percentage of reduction;
``(C) a list (organized from least to most progress
made) that ranks the comparative progress made, based
on the percentage of reduction under subparagraph (B),
by each tributary basin toward meeting the annual
allocation goal of that tributary basin for nitrogen,
phosphorus, and sediment; and
``(D) to the maximum extent practicable, an
identification of the principal sources of pollutants
of the tributaries, including airborne sources of
pollutants.
``(4) Use of data; consideration.--In preparing the report
card, the Administrator shall--
``(A) use monitoring data and data submitted under
subsection (g)(1); and
``(B) take into consideration the effects of
drought and wet weather conditions on the condition of
water quality parameters.
``(5) Distribution.--The Administrator shall--
``(A) distribute report cards to appropriate
committees of the Senate and House of Representatives;
``(B) post report cards on the Internet; and
``(C) distribute paper copies of the report cards
to the public.''.
SEC. 5. ACTIONS BY STATES.
(a) In General.--Section 117 of the Federal Water Pollution Control
Act (33 U.S.C. 1287) is amended by redesignating subsections (g), (h),
(i), and (j) as subsections (i), (j), (k), and (l), respectively, and
by inserting after subsection (f) the following:
``(g) Actions by States.--
``(1) Submission of information.--Not later than November
30 of each year, each of the States of Delaware, Maryland, New
York, Pennsylvania, Virginia, and West Virginia and the
District of Columbia shall submit to the Administrator
information describing, for each tributary basin located in the
State or District of Columbia, for the preceding fiscal year--
``(A) the nutrient and sediment cap load allocation
of the basin;
``(B) the principal sources of nutrients and
sediment in the basin, by category;
``(C) for each category of pollutant source, the
technologies and practices used to achieve reductions,
including levels of best management practices
implementation and sewage treatment plan upgrades; and
``(D) any Federal, State, or non-Federal funding
used to implement a technology or practice described in
subparagraph (C).
``(2) Failure to act.--The Administrator shall not make a
grant to a State under this section if the State fails to
submit any information in accordance with paragraph (1).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in subsection (d)(2)(B) by striking ``(g)(2)'' and
inserting ``(i)(3)''; and
(2) in subsection (e)(2)(B)(i) by striking ``and its''.
SEC. 6. PLANNING AND BUDGET REQUIREMENTS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) (as amended by section 4(a) of this Act) is further amended by
inserting after subsection (g) the following:
``(h) Planning and Budget Requirements.--
``(1) Annual budget plan.--Not later than April 15 of each
year, the Director of the Office of Management and Budget, in
cooperation with the Administrator, the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Defense, and the heads of other
appropriate Federal agencies, shall submit to the appropriate
committees of the Senate and the House of Representatives a
report containing--
``(A) an interagency crosscut budget that displays
the proposed budget for use by each Federal agency in
carrying out restoration activities relating to the
Chesapeake Bay for the following fiscal year; and
``(B) a detailed accounting of all funds received
and obligated by Federal and State governments
(including formula and grant funds, such as State
revolving loan funds and agriculture conservation
funds) to achieve the goals of the Chesapeake Bay
Agreement during the preceding fiscal year.
``(2) Role of federal government.--Not later than 120 days
after the date of enactment of the Chesapeake Bay Restoration
Enhancement Act of 2005, the Council on Environmental Quality
shall provide to Congress a document briefly describing the
Federal role in the Chesapeake Bay Program and the specific
role of each Federal agency involved in Chesapeake Bay
restoration.
``(3) Federal actions.--Federal agencies acting in the
Chesapeake Bay watershed should plan and execute, to the
maximum extent practicable, such activities to support the
achievement of Chesapeake Bay Agreement goals.''.
SEC. 7. CHESAPEAKE BAY PROGRAM.
Section 117(i) of the Federal Water Pollution Control Act (33
U.S.C. 1287) (as redesignated by section 4(a) of this Act) is amended--
(1) in paragraph (1)--
(A) by inserting ``tributary strategies and'' after
``ensure that'';
(B) by striking ``and implementation is begun'' and
inserting ``, approved, and implemented'';
(C) by inserting ``all or a significant portion
of'' after ``signatories to''; and
(D) by striking ``and its'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Local government involvement.--
``(A) Measurable goals.--The Administrator shall
establish, in coordination with other members of the
Chesapeake Executive Council and the Local Government
Advisory Committee, measurable goals for local
governments to achieve toward Chesapeake Bay Agreement
nutrient and sediment reduction goals not later than
120 days after the date of enactment of the Chesapeake
Bay Restoration Enhancement Act of 2005.
``(B) Consideration of priorities.--In preparing an
annual budget for the Chesapeake Bay under subsection
(h)(1), the Administrator shall consider priorities for
funding needs recommended by the Local Government
Advisory Committee.'';
(4) in paragraph (3)(A) (as redesignated by paragraph (2)
of this section) by striking ``as part of the Chesapeake Bay
Program; and'' and inserting ``to support tributary strategies
and other projects toward achievement of Chesapeake Bay
Agreement goals;'';
(5) in paragraph (3) (as redesignated by paragraph (2) of
this section) by striking subparagraph (B) and inserting the
following:
``(B) provide technical assistance and assistance
grants under subsection (d) to local governments and
nonprofit organizations and individuals in the
Chesapeake Bay watershed to implement tributary
strategies and other cooperative, locally based
protection and restoration programs or projects within
a tributary basin that complement the tributary
strategy for such basin, including--
``(i) the improvement of water quality
toward Chesapeake Bay Agreement goals; or
``(ii) the creation, restoration,
protection, or enhancement of habitat
associated with the Chesapeake Bay ecosystem;
``(C) under the small watershed grants program,
make such grants--
``(i) so that local governments receive not
less than 40 percent of total annually amount
appropriated to carry out such program; and
``(ii) taking into consideration priority
recommendations provided to the Chesapeake
Executive Council by the Local Government
Advisory Committee; and
``(D) consider recommendations of the Local
Government Advisory Committee with regard to
sufficiency of grant requests in meeting tributary
strategy goals.''; and
(6) by adding at the end the following:
``(4) Wasteload allocations.--Before May 11, 2001, the load
allocations in the tributary strategies for any activity for
which a permit is issued under section 402 of this Act for the
Chesapeake Bay watershed shall be treated as the functional
equivalent of wasteload allocations for total maximum daily
loads and shall be incorporated in such permit.''.
SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM.
Section 117(j) of the Federal Water Pollution Control Act (33
U.S.C. 1287(j)) (as redesignated by section 4(a) of this Act) is
amended--
(1) in paragraph (2)(B) by striking ``and 1995'' and
inserting ``1995, and 2005''; and
(2) in paragraph (2)(C)--
(A) by inserting after ``management strategies''
the following: ``, including tributary strategies,'';
and
(B) by striking ``on the date of enactment of this
section''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 117 of the Federal Water Pollution Control Act (33 U.S.C.
1287) (as amended by section 4(a) of this Act) is amended by striking
subsections (k) and (l) and inserting the following:
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$40,000,000 for each of fiscal years 2007 through 2011 to carry
out this section (other than subsection (i)(3)).
``(2) Small watershed grants program.--There is authorized
to be appropriated $10,000,000 for each of fiscal years 2007
through 2011 to carry out subsection (i)(3).
``(3) Period of availability.--Funds appropriated to carry
out this section shall remain available until expended.''. | Chesapeake Bay Restoration Enhancement Act of 2005 - Amends the Federal Water Pollution Control Act to revise requirements for implementation and monitoring grants under the Chesapeake Bay Agreement and for reporting on federally-funded projects under such Agreement.
Requires the Administrator of the Environmental Protection Agency (EPA) to publish each year a tributary health report card to evaluate progress, with reference to a specified baseline, in achieving and maintaining nutrient and sediment reduction goals for each Chesapeake Bay tributary basin.
Requires the states of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the District of Columbia to submit information to the Administrator for each Chesapeake Bay tributary basin located in such jurisdictions relating to nutrient and sediment reduction. Prohibits the Administrator from making a grant to any state which fails to provide required information.
Requires the Director of the Office of Management and Budget, in cooperation with specified federal agencies, to submit to Congress an interagency budget and other accountings for Chesapeake Bay restoration activities.
Directs the Administrator to establish measurable goals for local governments for nutrient and sediment reduction in the Chesapeake Bay.
Updates reporting deadlines for the study of the Chesapeake Bay Program.
Authorizes appropriations through FY2011. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to improve and reauthorize the Chesapeake Bay program."} | 3,116 | 303 | 0.593061 | 1.62819 | 0.739938 | 3.396476 | 11.814978 | 0.920705 |
SECTION 1. DEPENDENT CARE TAX CREDIT.
(a) Dependent Care Services.--Subpart C of part IV of subchapter A
of chapter 1 of the Internal Revenue Code of 1986 (relating to
refundable credits) is amended by redesignating section 35 as section
36 and by inserting after section 34 the following new section:
``SEC. 35. DEPENDENT CARE SERVICES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
maintains a household which includes as a member 1 or more
qualifying individuals, there shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year
an amount equal to the applicable percentage of the sum of--
``(A) the employment-related expenses paid by such
individual during the taxable year, plus
``(B) the respite care expenses paid by such
individual during the taxable year.
``(2) Applicable percentage defined.--
``(A) In general.--For purposes of paragraph (1),
the term `applicable percentage' means 50 percent
reduced (but not below 20 percent) by 1 percentage
point for each full $1,000 amount by which the
taxpayer's adjusted gross income for the taxable year
exceeds $15,000.
``(B) Cost-of-living adjustment.--
``(i) In general.--In the case of a taxable
year beginning in a calendar year after 1994,
subparagraph (A) shall be applied by increasing
the $15,000 amount contained therein by the
cost-of-living adjustment (as defined in
section 1(f)(3)) for such calendar year
determined by substituting ``1993'' for
``1989'' in subparagraph (B) of section
1(f)(3).
``(ii) Rounding.--If any increase
determined under clause (i) is not a multiple
of $10, such increase shall be rounded to the
nearest multiple of $10 (or if such increase is
a multiple of $15, such increase shall be
increased to the next highest multiple of $10).
``(b) Employment-Related Expenses.--For purposes of this section--
``(1) Determination of eligible expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight and
shall not include any respite care expense taken into
account under subsection (a).
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
subsection (d)(1), or
``(ii) a qualifying individual (not
described in subsection (d)(1)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than 6
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(2) Dollar limit on amount creditable.--
``(A) In general.--The amount of the employment-
related expenses incurred during any taxable year which
may be taken into account under subsection (a) shall
not exceed--
``(i) $2,400 if there is 1 qualifying
individual with respect to the taxpayer for
such taxable year, or
``(ii) $4,800 if there are 2 or more
qualifying individuals with respect to the
taxpayer for such taxable year.
The amount determined under clause (i) or (ii)
(whichever is applicable) shall be reduced by the
aggregate amount excludable from gross income under
section 129 for the taxable year.
``(B) Reduction in limit for amount of respite care
expenses.--The limitation of subparagraph (A) shall be
reduced by the amount of the respite care expenses
taken into account by the taxpayer under subsection (a)
for the taxable year.
``(3) Earned income limitation.--
``(A) In general.--Except as otherwise provided in
this paragraph, the amount of the employment-related
expenses incurred during any taxable year which may be
taken into account under subsection (a) shall not
exceed--
``(i) in the case of an individual who is
not married at the close of such year, such
individual's earned income for such year, or
``(ii) in the case of an individual who is
married at the close of such year, the lesser
of such individual's earned income or the
earned income of his spouse for such year.
``(B) Special rule for spouse who is a student or
incapable of caring for himself.--In the case of a
spouse who is a student or a qualified individual
described in subsection (d)(3), for purposes of
subparagraph (A), such spouse shall be deemed for each
month during which such spouse is a full-time student
at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned
income of not less than--
``(i) $200 if paragraph (2)(A)(i) applies
for the taxable year, or
``(ii) $400 if paragraph (2)(A)(ii) applies
for the taxable year.
In the case of any husband and wife, this subparagraph
shall apply with respect to only one spouse for any one
month.
``(c) Respite Care Expenses.--For purposes of this section--
``(1) In general.--The term `respite care expenses' means
expenses paid (whether or not to enable the taxpayer to be
gainfully employed) for--
``(A) the care of a qualifying individual--
``(i) who has attained the age of 13, or
``(ii) who is under the age of 13 but has a
physical or mental impairment which results in
the individual being incapable of caring for
himself,
during any period when such individual regularly spends
at least 8 hours each day in the taxpayer's household,
or
``(B) care (for not more than 14 days during the
calendar year) of a qualifying individual described in
subparagraph (A) during any period during which the
individual does not regularly spend at least 8 hours
each day in the taxpayer's household.
``(2) Dollar limit.--The amount of the respite care
expenses incurred during any taxable year which may be taken
into account under subsection (a) shall not exceed--
``(A) $1,200 if such expenses are incurred with
respect to only 1 qualifying individual for the taxable
year, or
``(B) $2,400 if such expenses are incurred for 2 or
more qualifying individuals for such taxable year.
``(d) Qualifying Individual.--For purposes of this section, the
term `qualifying individual' means--
``(1) a dependent of the taxpayer who is under the age of
13 and with respect to whom the taxpayer is entitled to a
deduction under section 151(e),
``(2) a dependent of the taxpayer who is physically or
mentally incapable of caring for himself, or
``(3) the spouse of the taxpayer, if he is physically or
mentally incapable of caring for himself.
``(e) Special Rules.--For purposes of this section--
``(1) Maintaining household.--An individual shall be
treated as maintaining a household for any period only if over
half the cost of maintaining the household for such period is
furnished by such individual (or, if such individual is married
during such period, is furnished by such individual and his
spouse).
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) paragraph (2) or (4) of section 152(e)
applies to any child with respect to any calendar year,
and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
with respect to the custodial parent (within the meaning of
section 152(e)(1)), and shall not be treated as a qualifying
individual with respect to the noncustodial parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(e) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 151(e)(3)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''
(b) Conforming Amendments.--
(1) Section 21 of such Code is hereby repealed.
(2) Paragraph (2) of section 129(b) of such Code is amended
by striking out ``section 21(d)(2)'' and inserting in lieu
thereof ``section 35(b)(3)(B)''.
(3) Subsection (e) of section 213 of such Code is amended
by striking out ``section 21'' and inserting in lieu thereof
``section 35''.
(c) Technical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
out the item relating to section 35 and inserting in lieu
thereof the following:
``Sec. 35. Dependent care services.
``Sec. 36. Overpayments of tax.''
(2) The table of sections for subpart A of such part IV is
amended by striking out the item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993. | Repeals the Internal Revenue Code's nonrefundable income tax credit for employment-related dependent care expenses, replacing it with a corresponding refundable 50 percent credit, reduced (but not below 20 percent) as the taxpayer's adjusted gross income exceeds $15,000 (adjusted for inflation). Includes within the scope of the new credit up to $1,200 ($2,400 in the case of more than one qualifying individual) of respite care expenses incurred in the care of: (1) a dependent of the taxpayer who is at least 13 years old; or (2) a spouse or other dependent who is physically or mentally incapable of self-care. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to make the dependent care credit refundable, and for other purposes."} | 3,009 | 138 | 0.572981 | 1.456822 | 0.696918 | 3 | 22.232 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing the Utmost safety Measures
to the Permanent Protection System in New Orleans, Louisiana'' or the
``PUMPPS NOLA Act of 2009''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 4303 of the U.S. Troop Readiness, Veterans'
Care, Katrina Recovery, and Iraq Accountability Appropriations
Act, 2007 (Public Law 110-28; 121 Stat. 154) requires the
Secretary to provide to Congress an analysis of each advantage
and disadvantage, and the technical operational effectiveness
of--
(A) the operation of the new pumping stations
located at the mouths of the 17th Street, Orleans
Avenue, and London Avenue canals in the New Orleans
area concurrently, or in a series with, pumping
stations that--
(i) are in existence as of the date of
enactment of that Act (Public Law 110-28; 121
Stat. 112); and
(ii) serve the canals;
(B) the removal of the pumping stations described
in subparagraph (A) and the configuration of the new
pumping stations described in that subparagraph
(including associated canals) to accommodate each--
(i) necessary discharge to the lakefront;
and
(ii) discharge described in clause (i) in
combination with each discharge directly to the
portion of the Mississippi River located in
Jefferson Parish; and
(C) the replacement or improvement of the
floodwalls and levees adjacent to each canal described
in subparagraph (A);
(2) prior to the required analysis described in paragraph
(1), engineering concept studies were performed by the
Secretary to determine the most technically effective means of
accomplishing the dual purpose of--
(A) protecting against storm surges; and
(B) simultaneously evacuating storm water;
(3) a collaborative process was established and many
technical review meetings were held to exchange ideas;
(4) to develop and evaluate each technical advantage and
disadvantage, and the operational effectiveness, of each option
through the use of each result and recommendation contained in
each report (including each draft report) completed after
Hurricane Katrina, the Secretary expanded and formalized the
collaborative process described in paragraph (3) with external
stakeholders that included--
(A) the Sewerage and Water Board of New Orleans;
(B) Jefferson Parish;
(C) the New Orleans Business Council;
(D) the Louisiana Department of Transportation and
Development;
(E) the Southeast Louisiana Flood Protection
Authority-East;
(F) the Regional Planning Commission, New Orleans;
and
(G) independent groups;
(5) the reports described in paragraph (4) provide much of
the background technical data required to carry out in an
expedited manner the analysis described in paragraph (1); and
(6) based on the information compiled for the analysis
described in paragraph (1), the Secretary concluded that the
option identified as ``Option 2'', as described in the report,
is ``generally more technically advantageous and more effective
operationally over Option 1 because it would have greater
reliability and further reduces risk of flooding''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Project.--The term ``project'' means the project for
permanent pumps and canal modifications that is--
(A) authorized by the matter under the heading
``General Projects'' in section 204 of the Flood
Control Act of 1965 (Public Law 89-298; 79 Stat. 1077);
and
(B) modified by--
(i) the matter under the heading ``flood
control and coastal emergencies (including
rescission of funds)'' under the heading
``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' under the heading
``DEPARTMENT OF DEFENSE--CIVIL'' of chapter 3
of title II of the Emergency Supplemental
Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234; 120 Stat. 454);
(ii) section 7012(a)(2) of the Water
Resources Development Act of 2007 (Public Law
110-114; 121 Stat. 1279); and
(iii) the matter under the heading ``flood
control and coastal emergencies'' under the
heading ``Corps of Engineers--Civil'' under the
heading ``DEPARTMENT OF THE ARMY'' under the
heading ``DEPARTMENT OF DEFENSE--CIVIL'' of
chapter 3 of title III of the Supplemental
Appropriations Act, 2008 (Public Law 110-252;
122 Stat. 2349).
(2) Report.--The term ``report'' means the report--
(A) entitled ``Report to Congress for Public Law
110-252, 17th Street, Orleans Avenue and London Avenue
Canals Permanent Protection System, Hurricane
Protection System, New Orleans, Louisiana'';
(B) prepared by the Secretary;
(C) dated September 26, 2008; and
(D) revised in December 2008.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(4) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. PROJECT MODIFICATION.
The project is further modified to direct the Secretary--
(1) to construct a pump station and optimized diversion
from the 2,500-acre area known as ``Hoey's Basin'' to the
Mississippi River to help reduce storm water flow into the 17th
Street canal;
(2) to construct an optimized diversion through the Florida
Avenue canal for discharging water into the Inner Harbor
Navigation Canal;
(3) to construct new, permanent pump stations at or near
the lakefront on the 17th Street, Orleans Avenue, and London
Avenue canals to provide for future flow capacity;
(4) to deepen, widen within each right-of-way in existence
as of the date of enactment of this Act, and line the bottom
and side slopes of the 17th Street, Orleans Avenue, and London
Avenue canals to allow for a gravity flow of storm water to the
pump stations at the lakefront;
(5) to modify or replace bridges that are located in close
proximity or adjacent to the 17th Street, Orleans Avenue, and
London Avenue canals;
(6) if the Secretary determines to be appropriate, to
remove the levees and floodwalls in existence as of the date of
enactment of this Act that line each side of the canals
described in paragraph (5) down to the surrounding ground
grade;
(7) to decommission or bypass the interior pump stations of
the Sewerage and Water Board of New Orleans that are located at
each canal described in paragraph (5) to maintain the water
surface differential across the existing pumping stations until
all systems and features are in place to allow for a fully
functional system at a lowered canal water surface elevation;
and
(8) to decommission and remove the interim control
structures that are located at each canal described in
paragraph (5).
SEC. 5. IMPLEMENTATION REQUIREMENTS.
(a) In General.--In carrying out section 4, the Secretary shall
provide for any investigation, design, and construction sequencing in a
manner consistent with the options identified as ``Option 2'' and
``Option 2a'', as described in the report.
(b) Funding.--In carrying out section 4, the Secretary shall use
amounts made available to modify the 17th Street, Orleans Avenue, and
London Avenue drainage canals and install pumps and closure structures
at or near the lakefront in the first proviso in--
(1) the matter under the heading ``flood control and
coastal emergencies (including rescission of funds)'' under the
heading ``Corps of Engineers--Civil'' under the heading
``DEPARTMENT OF THE ARMY'' under the heading ``DEPARTMENT OF
DEFENSE--CIVIL'' of chapter 3 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 454); and
(2) the second undesignated paragraph under the heading
``flood control and coastal emergencies'' under the heading
``Corps of Engineers--Civil'' under the heading ``DEPARTMENT OF
THE ARMY'' under the heading ``DEPARTMENT OF DEFENSE--CIVIL''
of chapter 3 of title III of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 122 Stat. 2349).
(c) Non-Federal Share; Liability of State.--As a condition for the
Secretary to initiate the conduct of the project, the State shall enter
into an agreement with the Secretary under which the State shall
agree--
(1) to pay 100 percent of the costs arising from the
operation, maintenance, repair, replacement, and rehabilitation
of each completed component of the project; and
(2) to hold the United States harmless from any claim or
damage that may arise from carrying out the project except any
claim or damage that may arise from the negligence of the
Federal Government or a contractor of the Federal Government. | Providing the Utmost safety Measures to the Permanent Protection System in New Orleans, Louisiana or the PUMPPS NOLA Act of 2009 - Modifies the project for permanent pumps and canal modifications at Lake Pontchartrain, Louisiana, to direct the Secretary of the Army, acting through the Chief of Engineers, to: (1) construct a pump station and optimized diversion from Hoey's Basin to the Mississippi River to help reduce storm water flow into the 17th Street canal; (2) construct an optimized diversion through the Florida Avenue canal for discharging water into the Inner Harbor Navigation Canal; (3) construct new, permanent pump stations near the lakefront on the 17th Street, Orleans Avenue, and London Avenue canals to provide for future flow capacity; (4) deepen, widen within each existing right-of-way, and line the bottom and side slopes of the 17th Street, Orleans Avenue, and London Avenue canals to allow for a gravity flow of storm water to the pump stations at the lakefront; (5) modify or replace bridges close or adjacent to the 17th Street, Orleans Avenue, and London Avenue canals; (6) remove existing levees and floodwalls that line each side of such canals down to ground grade, if the Secretary determines it to be appropriate; (7) decommission or bypass the interior pump stations of the Sewerage and Water Board of New Orleans that are located at each such canal to maintain the water surface differential across the existing pumping stations until all systems and features are in place to allow for a fully functional system at a lowered canal water surface elevation; and (8) decommission and remove the interim control structures that are located at each such canal.
Conditions initiation of such project on the state of Louisiana agreeing to: (1) pay all costs arising from the operation, maintenance, repair, replacement, and rehabilitation of each completed project component; and (2) hold the U.S. harmless from any claim or damage that may arise from carrying out the project, except with regard to the federal government's negligence. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Army to carry out certain water control projects at Lake Pontchartrain, Louisiana, and for other purposes."} | 2,037 | 436 | 0.629175 | 2.138933 | 0.796853 | 6.425641 | 4.830769 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kendell Frederick Citizenship
Assistance Act''.
SEC. 2. FINGERPRINTS AND OTHER BIOMETRIC INFORMATION FOR MEMBERS OF THE
UNITED STATES ARMED FORCES.
(a) In General.--Notwithstanding any other provision of law,
including section 552a of title 5, United States Code (commonly
referred to as the ``Privacy Act of 1974''), the Secretary of Homeland
Security shall use the fingerprints provided by an individual at the
time the individual enlisted in the United States Armed Forces, or at
the time the individual filed an application for adjustment of status,
to satisfy any requirement for background and security checks in
connection with an application for naturalization if--
(1) the individual may be naturalized pursuant to section 328
or 329 of the Immigration and Nationality Act (8 U.S.C. 1439,
1440);
(2) the individual was fingerprinted and provided other
biometric information in accordance with the requirements of the
Department of Defense at the time the individual enlisted in the
United States Armed Forces;
(3) the individual--
(A) submitted an application for naturalization not later
than 24 months after the date on which the individual enlisted
in the United States Armed Forces; or
(B) provided the required biometric information to the
Department of Homeland Security through a United States
Citizenship and Immigration Services Application Support Center
at the time of the individual's application for adjustment of
status if filed not later than 24 months after the date on
which the individual enlisted in the United States Armed
Forces; and
(4) the Secretary of Homeland Security determines that the
biometric information provided, including fingerprints, is
sufficient to conduct the required background and security checks
needed for the applicant's naturalization application.
(b) More Timely and Effective Adjudication.--Nothing in this
section precludes an individual described in subsection (a) from
submitting a new set of biometric information, including fingerprints,
to the Secretary of Homeland Security with an application for
naturalization. If the Secretary determines that submitting a new set
of biometric information, including fingerprints, would result in more
timely and effective adjudication of the individual's naturalization
application, the Secretary shall--
(1) inform the individual of such determination; and
(2) provide the individual with a description of how to submit
such biometric information, including fingerprints.
(c) Cooperation.--The Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall determine the format
of biometric information, including fingerprints, acceptable for usage
under subsection (a). The Secretary of Defense, or any other official
having custody of the biometric information, including fingerprints,
referred to in subsection (a), shall--
(1) make such prints available, without charge, to the
Secretary of Homeland Security for the purpose described in
subsection (a); and
(2) otherwise cooperate with the Secretary of Homeland Security
to facilitate the processing of applications for naturalization
under subsection (a).
(d) Electronic Transmission.--Not later than one year after the
date of the enactment of this Act, the Secretary of Homeland Security
shall, in coordination with the Secretary of Defense and the Director
of the Federal Bureau of Investigation, implement procedures that will
ensure the rapid electronic transmission of biometric information,
including fingerprints, from existing repositories of such information
needed for military personnel applying for naturalization as described
in subsection (a) and that will safeguard privacy and civil liberties.
(e) Centralization and Expedited Processing.--
(1) Centralization.--The Secretary of Homeland Security shall
centralize the data processing of all applications for
naturalization filed by members of the United States Armed Forces
on active duty serving abroad.
(2) Expedited processing.--The Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation, and the
Director of National Intelligence shall take appropriate actions to
ensure that applications for naturalization by members of the
United States Armed Forces described in paragraph (1), and
associated background checks, receive expedited processing and are
adjudicated within 180 days of the receipt of responses to all
background checks.
SEC. 3. PROVISION OF INFORMATION ON MILITARY NATURALIZATION.
(a) In General.--Not later than 30 days after the effective date of
any modification to a regulation related to naturalization under
section 328 or 329 of the Immigration and Nationality Act (8 U.S.C.
1439, 1440), the Secretary of Homeland Security shall make appropriate
updates to the Internet sites maintained by the Secretary to reflect
such modification.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security, not later than 180 days after each
effective date described in subsection (a), should make necessary
updates to the appropriate application forms of the Department of
Homeland Security.
SEC. 4. REPORTS.
(a) Adjudication Process.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit a report to the appropriate congressional committees on the
entire process for the adjudication of an application for
naturalization filed pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439, 1440), including
the process that--
(A) begins at the time the application is mailed to, or
received by, the Secretary, regardless of whether the Secretary
determines that such application is complete; and
(B) ends on the date of the final disposition of such
application.
(2) Contents.--The report submitted under paragraph (1) shall
include a description of--
(A) the methods used by the Secretary of Homeland Security
and the Secretary of Defense to prepare, handle, and adjudicate
such applications;
(B) the effectiveness of the chain of authority,
supervision, and training of employees of the Federal
Government or of other entities, including contract employees,
who have any role in such process or adjudication; and
(C) the ability of the Secretary of Homeland Security and
the Secretary of Defense to use technology to facilitate or
accomplish any aspect of such process or adjudication and to
safeguard privacy and civil liberties.
(b) Implementation.--
(1) Study.--The Comptroller General of the United States and
the Inspector General of the Department of Homeland Security shall
conduct a study on the implementation of this Act by the Secretary
of Homeland Security and the Secretary of Defense, including an
assessment of any technology that may be used to improve the
efficiency of the naturalization process for members of the United
States Armed Forces and an assessment of the impact of this Act on
privacy and civil liberties.
(2) Report.--Not later than 180 days after the date on which
the Secretary of Homeland Security submits the report required
under subsection (a), the Comptroller General and the Inspector
General shall submit a report to the appropriate congressional
committees on the study required by paragraph (1) that includes
recommendations for improving the implementation of this Act.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Armed Services of the House of
Representatives;
(5) the Committee on Homeland Security of the House of
Representatives; and
(6) the Committee on the Judiciary of the House of
Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Kendell Frederick Citizenship Assistance Act - (Sec. 2) Directs the Secretary of Homeland Security (Secretary) to use the fingerprints provided by an individual at the time of military enlistment or at the time of applying for (immigration) status adjustment to satisfy any naturalization background or security requirements if: (1) the individual may be naturalized under the Immigration and Nationality Act, was fingerprinted in accordance with Department of Defense (DOD) requirements, and submits a naturalization application within 24 months of enlistment or provides the required biometric information at the time of application for status adjustment if filed within 24 months after enlistment; and (2) the Secretary determines that the biometric information provided, including fingerprints, is sufficient to conduct the naturalization background and security checks.
Directs the Secretary to: (1) determine the format for biometric information, including fingerprints; (2) implement procedures for electronic transmission of biometric information that will safeguard privacy and civil liberties; and (3) provide for centralization of naturalization applications of active duty personnel serving abroad and such applications' expedited processing.
(Sec. 3) Directs the Secretary to update the appropriate Internet websites to reflect naturalization law changes.
Expresses the sense of Congress that the Secretary should make necessary updates to Department of Homeland Security (DHS) application forms.
(Sec. 4) Directs the Secretary to report to the appropriate congressional committees with respect to the adjudication of military service-related naturalization applications.
Directs the Comptroller General to conduct a study and report to the appropriate congressional committees with respect to implementation of this Act by the Secretaries of Homeland Security and Defense. | {"src": "billsum_train", "title": "A bill to assist members of the Armed Forces in obtaining United States citizenship, and for other purposes."} | 1,658 | 363 | 0.704078 | 2.041234 | 0.822056 | 2.970968 | 4.993548 | 0.906452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Berry Amendment Extension Act''.
SEC. 2. BUY-AMERICAN REQUIREMENT IMPOSED ON DEPARTMENT OF HOMELAND
SECURITY; EXCEPTIONS.
(a) Requirement.--Except as provided in subsections (c) through
(e), funds appropriated or otherwise available to the Department of
Homeland Security may not be used for the procurement of an item
described in subsection (b) if the item is not grown, reprocessed,
reused, or produced in the United States.
(b) Covered Items.--An item referred to in subsection (a) is any of
the following, if the item is directly related to the national security
interests of the United States:
(1) An article or item of--
(A) clothing and the materials and components
thereof, other than sensors, electronics, or other
items added to, and not normally associated with,
clothing (and the materials and components thereof);
(B) tents, tarpaulins, or covers;
(C) cotton and other natural fiber products, woven
silk or woven silk blends, spun silk yarn for cartridge
cloth, synthetic fabric or coated synthetic fabric
(including all textile fibers and yarns that are for
use in such fabrics), canvas products, or wool (whether
in the form of fiber or yarn or contained in fabrics,
materials, or manufactured articles); or
(D) any item of individual equipment manufactured
from or containing such fibers, yarns, fabrics, or
materials.
(c) Availability Exception.--Subsection (a) does not apply to the
extent that the Secretary of Homeland Security determines that
satisfactory quality and sufficient quantity of any such article or
item described in subsection (b)(1) grown, reprocessed, reused, or
produced in the United States cannot be procured as and when needed.
(d) Exception for Certain Procurements Outside the United States.--
Subsection (a) does not apply to the following:
(1) Procurements by vessels in foreign waters.
(2) Emergency procurements.
(e) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of title 10, United States
Code.
(f) Applicability to Contracts and Subcontracts for Procurement of
Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
(g) Geographic Coverage.--In this section, the term ``United
States'' includes the possessions of the United States.
(h) Notification Required Within 7 Days After Contract Award if
Certain Exceptions Applied.--In the case of any contract for the
procurement of an item described in subsection (b)(1), if the Secretary
of Homeland Security applies an exception set forth in subsection (c)
with respect to that contract, the Secretary shall, not later than 7
days after the award of the contract, post a notification that the
exception has been applied on the Internet site maintained by the
General Services Administration know as FedBizOps.gov (or any successor
site).
(i) Training During Fiscal Year 2008.--
(1) In general.--The Secretary of Homeland Security shall
ensure that each member of the acquisition workforce in the
Department of Homeland Security who participates personally and
substantially in the acquisition of textiles on a regular basis
receives training during fiscal year 2008 on the requirements
of this section and the regulations implementing this section.
(2) Inclusion of information in new training programs.--The
Secretary shall ensure that any training program for the
acquisition workforce developed or implemented after the date
of the enactment of this Act includes comprehensive information
on the requirements described in paragraph (1).
(j) Consistency With International Agreements.--
(1) In general.--No provision of this Act shall apply to
the extent the Secretary of Homeland Security, in consultation
with the United States Trade Representative, determines that it
is in inconsistent with United States obligations under an
international agreement.
(2) Report.--The Secretary of Homeland Security shall
submit a report each year to Congress containing, with respect
to the year covered by the report--
(A) a list of each provision of this Act that did
not apply during that year pursuant to a determination
by the Secretary under paragraph (1); and
(B) a list of each contract awarded by the
Department of Homeland Security during that year
without regard to a provision in this Act because that
provision was made inapplicable pursuant to such a
determination.
(k) Effective Date.--This section applies with respect to contracts
entered into by the Department of Homeland Security after the date of
the enactment of this Act. | Berry Amendment Extension Act - Prohibits the Department of Homeland Security (DHS) from procuring specified covered items directly related to national security interests (including clothing, tents, or natural fiber products) that are not grown, reprocessed, reused, or produced in the United States, except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured as and when needed.
Makes additional exceptions for: (1) procurements by vessels in foreign waters; (2) emergency procurements; and (3) purchases for amounts not greater than the simplified acquisition threshold ($100,000). Directs the Secretary to ensure that: (1) each member of DHS's acquisition workforce who regularly participates in textile acquisition receives training during FY2008 on this Act's requirements; and (2) any such training includes comprehensive information on such requirements. Makes this Act inapplicable to the extent that it is inconsistent with U.S. obligations under an international agreement. | {"src": "billsum_train", "title": "To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States."} | 1,066 | 202 | 0.665441 | 2.071116 | 0.837009 | 3.59116 | 5.325967 | 0.895028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hazard Mitigation and Flood Damage
Reduction Act of 1993''.
SEC. 2. HAZARD MITIGATION.
(a) Federal Share.--Section 404 of The Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by
striking ``50 percent'' and inserting ``75 percent''.
(b) Total Contributions.--Section 404 of such Act is further
amended by striking ``10 percent'' and all that follows through the
period and inserting ``15 percent of the estimated aggregate amounts of
grants to be made under this Act (less administrative costs) with
respect to such major disaster.''.
(c) Applicability.--The amendments made by this section shall apply
to any major disaster declared on or after June 10, 1993.
SEC. 3. PROPERTY ACQUISITION AND RELOCATION ASSISTANCE.
Section 404 of The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is further amended--
(1) by inserting ``(a) In General.--'' before ``The
President''; and
(2) by adding at the end the following:
``(b) Property Acquisition and Relocation Assistance.--
``(1) General authority.--In providing hazard mitigation
assistance under this section in connection with flooding, the
Director of the Federal Emergency Management Agency may provide
property acquisition and relocation assistance for projects
which meet the requirements of paragraph (2).
``(2) Terms and conditions.--An acquisition or relocation
project shall be eligible for funding pursuant to paragraph (1)
only if--
``(A) the recipient of such funding is an applicant
otherwise eligible under the hazard mitigation grant
program established under subsection (a); and
``(B) the recipient of such funding enters into an
agreement with the Director under which the recipient
provides assurances that--
``(i) properties acquired, accepted, or
from which structures will be removed under the
project will be dedicated and maintained in
perpetuity to uses which are compatible with
open space, recreational, or wetlands
management practices;
``(ii) new structures will not be erected
in designated special flood hazard areas other
than (I) public facilities which are open on
all sides and functionally related to a
designated open space, (II) rest rooms, and
(III) structures which are approved in writing
before the start of construction by the
Director; and
``(iii) no future disaster assistance for
damages relating to flooding will be sought
from or provided by any Federal source for any
property acquired or accepted under the
acquisition or relocation project.''.
SEC. 4. FLOOD CONTROL AND FLOODPLAIN MANAGEMENT POLICIES.
(a) Studies.--The Secretary of the Army shall conduct studies to
assess national flood control and floodplain management policies.
(b) Contents.--The studies conducted under this section shall--
(1) identify critical water, sewer, transportation, and
other essential public facilities which currently face
unacceptable flood risks;
(2) identify high priority industrial, petrochemical,
hazardous waste, and other facilities which require additional
flood protection due to the special health and safety risks
caused by flooding;
(3) evaluate current Federal, State, and local floodplain
management requirements for infrastructure improvements and
other development in the floodplain and recommend changes to
reduce the potential loss of life, property damage, economic
losses, and threats to health and safety caused by flooding;
(4) assess the adequacy and consistency of existing
policies on nonstructural flood control and damage prevention
measures and, where appropriate, identify incentives and
opportunities for greater use of such nonstructural measures;
(5) identify incentives and opportunities for environmental
restoration as a component of the Nation's flood control and
floodplain management policies;
(6) examine the differences in Federal cost-sharing for
construction and maintenance of flood control projects on the
Upper and Lower Mississippi River systems and assess the effect
of such differences on the level of flood protection on the
Upper Mississippi River and its tributaries; and
(7) assess current Federal policies on pre-event repair and
maintenance of both Federal and non-Federal levees and
recommend Federal and non-Federal actions to help prevent the
failure of these levees during flooding.
(c) Consultation.--In conducting studies under this section, the
Secretary of the Army shall consult the heads of appropriate Federal
agencies, representatives of State and local governments, the
agricultural community, the inland waterways transportation industry,
environmental organizations, recreational interests, experts in river
hydrology and floodplain management, other business and commercial
interests, and other appropriate persons.
(d) Report.--Not later than June 30, 1995, the Secretary of the
Army shall transmit to Congress a report on the results of the studies
conducted under this section.
SEC. 5. FLOOD CONTROL MEASURES ON UPPER MISSISSIPPI AND LOWER MISSOURI
RIVERS AND THEIR TRIBUTARIES.
(a) Studies.--The Secretary of the Army shall conduct studies of
the Upper Mississippi River and Lower Missouri River and their
tributaries to identify potential solutions to flooding problems in
such areas and to recommend specific water resources projects that
would result in economically and environmentally justified flood damage
reduction measures in such areas.
(b) Contents.--The studies conducted under this section shall--
(1) reflect public input;
(2) include establishment of baseline conditions to allow
for a full assessment of economic and environmental costs and
benefits associated with flood damage reduction projects and
changes in land use patterns;
(3) identify options for development of comprehensive
solutions for improved long-term flood plain management;
(4) identify feasibility studies of specific projects or
programs that are likely to improve flood damage reduction
capabilities;
(5) assess the impact of the current system of levees and
flood control projects and current watershed management and
land use practices on the flood levels experienced on the Upper
Mississippi River and Lower Missouri River and their
tributaries in 1993 and evaluate the cost-effectiveness of a
full range of alternative flood damage reduction measures,
including structural and nonstructural measures, such as the
preservation and restoration of wetlands;
(6) recommend flood control improvements and other flood
damage reduction measures to reduce economic losses, damage to
public facilities, and the release of hazardous materials from
industrial, petrochemical, hazardous waste, and other
facilities caused by flooding of the Upper Mississippi River
and Lower Missouri River and their tributaries; and
(7) assess the environmental impact of current flood
control measures and the flood control improvements recommended
under this section.
(c) Consultation.--In conducting studies under this section, the
Secretary of the Army shall consult the heads of other Federal agencies
with water resources and floodplain management responsibilities.
(d) Report.--Not later than June 30, 1995, the Secretary of the
Army shall transmit to Congress a report on the results of the studies
conducted under this section.
SEC. 6. EMERGENCY RESPONSE.
Section 5(a)(1) of the Act entitled ``An Act authorizing
construction of certain public works on rivers and harbors for flood
control, and for other purposes'', approved August 18, 1941 (33 U.S.C.
701n(a)(1)), is amended by inserting before the first semicolon the
following: ``, or in implementation of nonstructural alternatives to
the repair or restoration of such flood control work if requested by
the non-Federal sponsor''.
SEC. 7. TREATMENT OF REAL PROPERTY BUYOUT PROGRAMS.
(a) Inapplicability of URA.--The purchase of any real property
under a qualified buyout program shall not constitute the making of
Federal financial assistance available to pay all or part of the cost
of a program or project resulting in the acquisition of real property
or in any owner of real property being a displaced person (within the
meaning of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970).
(b) Definition of ``Qualified Buyout Program''.--For purposes of
this section, the term ``qualified buyout program'' means any program
that--
(1) provides for the purchase of only property damaged by
the major, widespread flooding in the Midwest during 1993;
(2) provides for such purchase solely as a result of such
flooding;
(3) provides for such acquisition without the use of the
power of eminent domain and notification to the seller that
acquisition is without the use of such power;
(4) is carried out by or through a State or a unit of
general local government; and
(5) is being assisted with amounts made available for--
(A) disaster relief by the Federal Emergency
Management Agency; or
(B) other Federal financial assistance programs.
Passed the House of Representatives November 15, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Hazard Mitigation and Flood Damage Reduction Act of 1993 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to increase from 50 to 75 percent of the cost of hazard mitigation measures the amount authorized to be contributed by the President when determined to be cost-effective while substantially reducing the damage or loss suffered in a major disaster. Increases the total Federal contributions authorized for such measures to 15 percent of the estimated aggregate amounts of grants to be provided under such Act for such disaster.
Authorizes the Director of the Federal Emergency Management Agency to provide property acquisition and relocation assistance as hazard mitigation measures for projects meeting specified requirements.
Directs the Secretary of the Army to conduct studies: (1) to assess national flood control and floodplain management policies; and (2) of the Upper Mississippi and Lower Missouri rivers and their tributaries to identify potential solutions to flooding problems and to recommend water resource projects that would result in economically and environmentally justified flood damage reduction measures. Requires congressional reports after both studies.
Authorizes Federal natural disaster emergency fund expenditures for implementation of nonstructural alternatives to the repair or restoration of flood control works if requested by the non-Federal sponsor.
States that the purchase of any real property under a qualified buyout program (Government purchases of specified flood-damaged property) shall not constitute Federal assistance resulting in the acquisition of real property or in any owner of real property being a displaced person (for purposes of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970). | {"src": "billsum_train", "title": "Hazard Mitigation and Flood Damage Reduction Act of 1993"} | 1,931 | 322 | 0.599491 | 1.834226 | 0.818536 | 3.793814 | 6.175258 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Cyber Sanctions Act of 2016''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR
KNOWINGLY ENGAGING IN SIGNIFICANT ACTIVITIES UNDERMINING
CYBERSECURITY ON BEHALF OF OR AT THE DIRECTION OF THE
GOVERNMENT OF IRAN.
(a) Cybersecurity Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once
every 180 days thereafter, the President shall submit to the
appropriate congressional committees a report on significant
activities undermining cybersecurity conducted by persons on
behalf of or at the direction of the Government of Iran
(including members of paramilitary organizations such as Ansar-
e-Hezbollah and Basij-e Mostaz'afin) against the Government of
the United States or any United States person.
(2) Information.--The report required under paragraph (1)
shall include the following:
(A) The identity of persons that have knowingly
facilitated, participated or assisted in, engaged in,
directed, or provided material support for significant
activities undermining cybersecurity described in
paragraph (1).
(B) A description of the conduct engaged in by each
person identified under subparagraph (A).
(C) An assessment of the extent to which the
Government of Iran or another foreign government
directed, facilitated, or provided material support in
the conduct of significant activities undermining
cybersecurity described in paragraph (1).
(D) A strategy to counter efforts by persons to
conduct significant activities undermining
cybersecurity described in paragraph (1), including
efforts to engage foreign governments to halt the
capability of persons to conduct those activities
described in paragraph (1).
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Designation of Persons.--
(1) In general.--Except as provided in paragraph (2), the
President shall include on the specially designated nationals
and blocked persons list maintained by the Office of Foreign
Assets Control of the Department of the Treasury--
(A) any person identified under subsection
(a)(2)(A); and
(B) any person for which the Department of Justice
has issued an indictment in connection with significant
activities undermining cybersecurity against the
Government of the United States or any United States
person.
(2) Exception.--The President is not required to include a
person described in paragraph (1)(A) or (1)(B) on the specially
designated nationals and blocked persons list maintained by the
Office of Foreign Assets Control of the Department of the
Treasury if the President submits to the appropriate
congressional committees an explanation of the reasons for not
including that person on that list.
(c) Sanctions Described.--The President shall use authority
provided in Executive Order 13694 (April 1, 2015, relating to blocking
the property of certain persons engaging in significant malicious
cyber-enabled activities) to impose sanctions against any person
included on the specially designated nationals and blocked persons list
maintained by the Office of Foreign Assets Control of the Department of
the Treasury pursuant to subsection (b).
(d) Presidential Briefings to Congress.--Not later than 180 days
after the date of the enactment of this Act, and periodically
thereafter, the President shall provide a briefing to the appropriate
congressional committees on efforts to implement this section.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Homeland Security, the Committee on Financial
Services, and the Committee on Ways and Means of the
House of Representatives.
(2) Significant activities undermining cybersecurity.--The
term ``significant activities undermining cybersecurity''
includes--
(A) significant efforts to--
(i) deny access to or degrade, disrupt, or
destroy an information and communications
technology system or network; or
(ii) exfiltrate information from such a
system or network without authorization;
(B) significant destructive malware attacks;
(C) significant denial of service activities; and
(D) such other significant activities as may be
described in regulations prescribed to implement this
section.
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United
States or an alien lawfully admitted for permanent
residence to the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any government (Federal, State, or local)
entity. | Iran Cyber Sanctions Act of 2016 This bill requires the President to report to Congress at least every 180 days regarding significant activities undermining cybersecurity conducted by persons on behalf of or at the direction of the government of Iran (including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz'afin) against the United States (including U.S. persons, entities, or federal, state, or local governments). The reports must: (1) identify persons that have knowingly facilitated, participated or assisted in, engaged in, directed, or provided material support for such activities; (2) describe their conduct; (3) assess the Iranian government's or other foreign governments' direction, facilitation, or material support in such activities; and (4) provide a strategy to counter efforts by persons to conduct such activities, which shall include engaging foreign governments to halt the capabilities of such persons. The President must include on the Office of Foreign Assets Control's specially designated nationals and blocked persons list persons who are: (1) identified in such reports; or (2) indicted by the Department of Justice in connection with such activities undermining U.S. cybersecurity. Under an exception, the President may exclude such a person from the list by submitting an explanation to Congress. The President must use Executive Order 13694 (relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities) to impose sanctions against persons included on such list. | {"src": "billsum_train", "title": "Iran Cyber Sanctions Act of 2016"} | 1,094 | 316 | 0.778729 | 2.613345 | 0.8076 | 4.046429 | 3.546429 | 0.889286 |
SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST
STATES; DAMAGES.
(a) Right of Action.--Section 1605 of title 28, United States Code,
is amended--
(1) in subsection (f), in the first sentence, by inserting
``or (h)'' after ``subsection (a)(7)''; and
(2) by adding at the end the following:
``(h) Certain Actions Against Foreign States or Officials,
Employees, or Agents of Foreign States.--
``(1) Cause of action.--
``(A) Cause of action.--A foreign state designated
as a state sponsor of terrorism under section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371), or an official, employee, or
agent of such a foreign state, shall be liable to a
national of the United States (as that term is defined
in section 101(a)(22) of the Immigration and
Nationality Act) or the national's legal representative
for personal injury or death caused by acts of that
foreign state, or by that official, employee, or agent
while acting within the scope of his or her office,
employment, or agency, for which the courts of the
United States may maintain jurisdiction under
subsection (a)(7) for money damages.
``(B) Discovery.--The provisions of subsection (g)
apply to actions brought under subparagraph (A).
``(C) Nationality of claimant.--No action shall be
maintained under subparagraph (A) arising from acts of
a foreign state or an official, employee, or agent of a
foreign state if neither the claimant nor the victim
was a national of the United States (as that term is
defined in section 101(a)(22) of the Immigration and
Nationality Act) when such acts occurred.
``(2) Damages.--In an action brought under paragraph (1)
against a foreign state or an official, employee, or agent of a
foreign state, the foreign state, official, employee, or agent,
as the case may be, may be held liable for money damages in
such action, which may include economic damages, solatium,
damages for pain and suffering, and, notwithstanding section
1606, punitive damages. In all actions brought under paragraph
(1), a foreign state shall be vicariously liable for the
actions of its officials, employees, or agents.
``(3) Appeals.--An appeal in the courts of the United
States in an action brought under paragraph (1) may be made--
``(A) only from a final decision under section 1291
of this title, and then only if filed with the clerk of
the district court within 30 days after the entry of
such final decision; and
``(B) in the case of an appeal from an order
denying the immunity of a foreign state, a political
subdivision thereof, or an agency of instrumentality of
a foreign state, only if filed under section 1292 of
this title.''.
(b) Conforming Amendment.--Section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
contained in section 101(a) of Division A of Public Law 104-208 (110
Stat. 3009-172; 28 U.S.C. 1605 note), is repealed.
SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION.
Section 1610 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Property Interests in Certain Actions.--
``(1) In general.--A property interest of a foreign state,
or agency or instrumentality of a foreign state, against which
a judgment is entered under section 1605(a)(7), including a
property interest that is a separate juridical entity, is
subject to execution upon that judgment as provided in this
section, regardless of--
``(A) the level of economic control over the
property interest by the government of the foreign
state;
``(B) whether the profits of the property interest
go to that government;
``(C) the degree to which officials of that
government manage the property interest or otherwise
have a hand in its daily affairs;
``(D) whether that government is the real
beneficiary of the conduct of the property interest; or
``(E) whether establishing the property interest as
a separate entity would entitle the foreign state to
benefits in United States courts while avoiding its
obligations.
``(2) U.S. sovereign immunity inapplicable.--Any property
interest of a foreign state, or agency or instrumentality of a
foreign state, to which paragraph (1) applies shall not be
immune from execution upon a judgment entered under section
1605(a)(7) because the property interest is regulated by the
United States Government by reason of action taken against that
foreign state under the Trading With the Enemy Act or the
International Emergency Economic Powers Act.''.
SEC. 3. APPLICABILITY.
(a) In General.--The amendments made by this Act apply to any claim
for which a foreign state is not immune under section 1605(a)(7) of
title 28, United States Code, arising before, on, or after the date of
the enactment of this Act.
(b) Prior Causes of Action.--In the case of any action that--
(1) was brought in a timely manner but was dismissed before
the enactment of this Act for failure to state of cause of
action, and
(2) would be cognizable by reason of the amendments made by
this Act,
the 10-year limitation period provided under section 1605(f) of title
28, United States Code, shall be tolled during the period beginning on
the date on which the action was first brought and ending 60 days after
the date of the enactment of this Act. | Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties.
Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under a FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution.
Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents.
Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to clarify that persons may bring private rights of actions against foriegn states for certain terrorist acts, and for other purposes."} | 1,338 | 254 | 0.519346 | 1.681407 | 0.745473 | 3.497585 | 5.811594 | 0.801932 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``James Hudson
Temporary Employee Equity Act of 1993''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TABLE OF CONTENTS
Sec. 1. Short title; table of contents.
Sec. 2. Health benefits.
Sec. 3. Life insurance.
Sec. 4. Retirement.
Sec. 5. Procedures for determining aggregate service.
Sec. 6. Effective date; special rules; regulations.
SEC. 2. HEALTH BENEFITS.
(a) Non-excludability of Certain Temporary Employees.--Paragraph
(4) of section 8913(b) of title 5, United States Code, is amended to
read as follows:
``(4) a temporary employee who--
``(A) is eligible for benefits under this chapter
under section 8906a; or
``(B) in the aggregate, has completed 4 years of
service as a temporary employee (in the same or
different positions), as determined under chapter
90.''.
(b) Decrease in Minimum Period of Service Required To Be Eligible
for Coverage.--
(1) In general.--Section 8906a(a)(2) of title 5, United
States Code, is amended by striking ``1 year'' and inserting
``6 months''.
(2) Technical amendment.--Section 8906a of title 5, United
States Code, is amended by adding at the end the following:
``(c) Nothing in this section shall be considered to apply with
respect to any temporary employee described in section
8913(b)(4)(B).''.
SEC. 3. LIFE INSURANCE.
(a) Non-excludability of Certain Temporary Employees.--Section
8716(b) of title 5, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking ``3401(2) of this title).'' at the end of
paragraph (3) and inserting ``3401(2)); or''; and
(3) by adding at the end the following:
``(4) a temporary employee who--
``(A) is eligible to be insured under this chapter
under section 8709a; or
``(B) in the aggregate, has completed 4 years of
service as a temporary employee (in the same or
different positions), as determined under chapter
90.''.
(b) Minimum Period of Service Required to Be Insured.--
(1) In general.--Chapter 87 of title 5, United States Code,
is amended by inserting after section 8709 the following:
``Sec. 8709a. Temporary employees
``(a)(1) The Office of Personnel Management shall prescribe
regulations under which temporary employees meeting the requirements of
paragraph (2) shall be eligible for insurance under this chapter.
``(2) To be eligible for insurance under this chapter, a temporary
employee must have completed 6 months of current continuous employment,
excluding any break in service of 5 days or less.
``(b) Notwithstanding any provision of section 8707 or 8708--
``(1) during each period in which a temporary employee is
insured under a policy purchased by the Office under section
8709, based on such employee's meeting the requirements for
eligibility under subsection (a), there shall be withheld from
the employee's pay an amount equal to the withholdings required
under section 8707 and the Government contribution required
under section 8708 in connection with the employee's group life
insurance and accidental death and dismemberment insurance; and
``(2) the employing agency of the employee shall not pay
the Government contribution under section 8708 for such
employee for any period referred to in paragraph (1).
``(c) Nothing in this section shall be considered to apply with
respect to any temporary employee described in section
8716(b)(4)(B).''.
(2) Conforming amendment.--The table of sections for
chapter 87 of title 5, United States Code, is amended by
inserting after the item relating to section 8709 the
following:
``8709a. Temporary employees.''.
SEC. 4. RETIREMENT.
(a) Civil Service Retirement System.--The second sentence of
section 8347(g) of title 5, United States Code, is amended by striking
``3401(2) of this title).'' and inserting ``3401(2)) or any temporary
employee who, in the aggregate, has completed 4 years of service as a
temporary employee (in the same or different positions), as determined
under chapter 90.''.
(b) Federal Employees' Retirement System.--Section 8402(c)(1) of
title 5, United States Code, is amended by striking ``3401(2)).'' and
inserting ``3401(2)) or a temporary employee who, in the aggregate, has
completed 4 years of service as a temporary employee (in the same or
different positions), as determined under chapter 90.''.
SEC. 5. PROCEDURES FOR DETERMINING AGGREGATE SERVICE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 90--TEMPORARY EMPLOYMENT
``Sec.
``9001. Definitions; applicability.
``9002. Regulations.
``Sec. 9001. Definitions; applicability
``(a) For the purpose of this chapter--
``(1) the term `service performed as a temporary employee'
means, with respect to a benefit, service performed as a
temporary employee which is creditable for purposes of
determining eligibility for such benefit; and
``(2) the terms `eligible' and `eligibility', as used with
respect to a benefit, include being eligible or having
eligibility by virtue of satisfying the requirements for being
considered a non-excludable employee for purposes of such
benefit.
``(b) This chapter applies with respect to any benefit, eligibility
for which is based on the completion, in the aggregate, of at least a
certain amount of service as a temporary employee (in the same or
different positions), but only if the provisions of this chapter are
specifically cited as the means for determining whether that service
requirement has been met.
``Sec. 9002. Regulations
``(a) The Office of Personnel Management shall prescribe
regulations for determining, for purposes of any benefit with respect
to which this chapter applies, whether an employee satisfies the
service requirement necessary to be eligible for such benefit.
``(b) The regulations shall accomplish at least the following:
``(1) Establish procedures setting forth the time, form,
and manner in which a temporary employee may apply for any
benefit with respect to which this chapter applies, including
provisions relating to any documentation or other supporting
evidence which may be necessary to establish that the service
requirement has been met.
``(2) Require agencies to take such measures, both on an
intraagency and interagency basis, as may be necessary to allow
current or prospective temporary employees to readily
ascertain, and obtain supporting evidence as to, the aggregate
amount of temporary service such employee has performed in any
agency.
``(3) Require agencies to take appropriate measures to
ensure that temporary employees are notified as to--
``(A) any benefits for which they may be eligible
by virtue of the amendments made by the James Hudson
Temporary Employee Equity Act of 1993, and the
procedures for establishing eligibility (if
appropriate); and
``(B) any resources or assistance which may be
available to them in connection with obtaining those
benefits.
``(4) Establish procedures to ensure that applications are
considered, and that final decisions on applications are
rendered, in the most expeditious manner possible.
``(5) Consistent with applicable provisions of law, specify
the time and manner in which a benefit begins or becomes
available if a favorable decision under paragraph (4) is
rendered.''.
(b) Technical and Conforming Amendment.--The analysis for part III
of title 5, United States Code, is amended by inserting after the item
relating to chapter 89 the following:
``90. Temporary Employment.................................. 9001''.
SEC. 6. EFFECTIVE DATE; SPECIAL RULES; REGULATIONS.
(a) Effective Date.--The amendments made by this Act shall take
effect as of the 90th day after the date of the enactment of this Act,
subject to subsection (b).
(b) Special Rules.--
(1) Contributions to fehbp.--In the case of a temporary
employee who, immediately before the effective date under
subsection (a), is contributing to the Employees Health
Benefits Fund under section 8906a of title 5, United States
Code, any change in the contributions payable by or on behalf
of such employee into such fund as a result of the amendments
made by section 2 shall become effective as of the first
applicable pay period beginning on or after such date.
(2) Creditability of prior service.--
(A) In general.--Subject to subparagraph (B), in
administering the amendments made by this Act, service
may be taken into account whether performed before, on,
or after the date of the enactment of this Act.
(B) Retirement.--For purposes of the amendments
made by section 4, any service performed as a temporary
employee before the effective date under subsection (a)
which, but for such section, would otherwise be
excluded from the operation of the retirement system
involved, may not be taken into account except for
purposes of determining whether or not an employee may
be excluded under section 8347(g) or 8402(c)(1) of
title 5, United States Code, as applicable.
(c) Regulations.--Any regulations necessary to carry out the
amendments made by this Act shall be prescribed by the Office of
Personnel Management not later than the effective date under subsection
(a). | James Hudson Temporary Employee Equity Act of 1993 - Amends Federal civil service provisions to make health insurance, life insurance, and retirement benefits available to temporary employees who have completed at least four years of service.
Decreases from one year to six months the minimum period of service required for temporary employees to be eligible for health benefits. Provides for the same minimum period of service for eligibility for life insurance.
Directs the Office of Personnel Management to prescribe regulations for determining whether a temporary employee satisfies service requirements for benefits eligibility.
Credits prior service of temporary employees for purposes of determining benefits. | {"src": "billsum_train", "title": "James Hudson Temporary Employee Equity Act of 1993"} | 2,219 | 129 | 0.559639 | 1.407693 | 0.585347 | 2.40708 | 18.168142 | 0.920354 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Subsection (a) of section 802 of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2431) is amended--
(1) in paragraphs (1), (6), and (7), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems'';
(2) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively;
(3) by inserting after paragraph (2) the following:
``(3) Coral reefs and associated coastal marine ecosystems
provide a wide range of benefits to mankind by--
``(A) harboring more species per unit area than any
other marine habitat, providing the basis for
developing pharmaceutical products and fostering a
growing marine tourism sector;
``(B) providing a major source of food and jobs for
hundreds of millions of coastal residents; and
``(C) serving as natural storm barriers, thus
protecting vulnerable shorelines and communities from
storm waves and erosion.''; and
(4) in paragraph (4) (as redesignated)--
(A) by inserting ``and coral reef and associated
coastal marine ecosystems'' after ``forest resources'';
and
(B) by inserting ``and coral reef and associated
coastal marine ecosystem exploitation'' after
``tropical deforestation''.
(b) Purposes.--Subsection (b) of such section is amended--
(1) in paragraphs (1), (3), and (4), by striking ``tropical
forests'' each place it appears and inserting ``tropical
forests and coral reefs and associated coastal marine
ecosystems''; and
(2) in paragraph (2)--
(A) by striking ``tropical forests'' the first and
third place it appears and inserting ``tropical forests
and coral reefs and associated coastal marine
ecosystems'';
(B) by striking ``tropical forests'' the second
place it appears and inserting ``areas''; and
(C) by inserting at the end before the semicolon
the following: ``and unsustainable coral reef and
associated coastal marine ecosystem exploitation''.
SEC. 2. DEFINITIONS.
Section 803 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431a) is amended--
(1) in paragraph (2)(A), by striking ``Committee on
International Relations'' and inserting ``Committee on Foreign
Affairs'';
(2) by striking paragraphs (4), (7), (8), and (9);
(3) in paragraph (5)--
(A) in the heading, by striking ``tropical forest''
and inserting ``tropical forest or coral reef or
associated coastal marine ecosystem'';
(B) in the matter preceding subparagraph (A), by
striking ``tropical forest'' and inserting ``tropical
forest or coral reef or associated coastal marine
ecosystem''; and
(C) in subparagraph (B)--
(i) by striking ``tropical forest'' and
inserting ``tropical forest or coral reef or
associated coastal marine ecosystem''; and
(ii) by striking ``tropical forests'' and
inserting ``tropical forests or coral reefs or
associated coastal marine ecosystems'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(9) and (10), respectively; and
(5) by inserting after paragraph (3) the following:
``(4) Conservation agreement.--The term `Conservation
Agreement' or `Agreement' means a Conservation Agreement
provided for in section 809.
``(5) Conservation facility.--The term `Conservation
Facility' or `Facility' means the Conservation Facility
established in the Department of the Treasury by section 804.
``(6) Conservation fund.--The term `Conservation Fund' or
`Fund' means a Conservation Fund provided for in section 810.
``(7) Coral.--The term `coral' means species of the phylum
Cnidaria, including--
``(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft
corals), Gorgonacea (horny corals), Stolonifera
(organpipe corals and others), and Coenothecalia (blue
coral), of the class Anthozoa; and
``(B) all species of the order Hydrocorallina (fire
corals and hydrocorals) of the class Hydrozoa.
``(8) Coral reef.--The term `coral reef' means any reef or
shoal composed primarily of corals.''.
SEC. 3. ESTABLISHMENT OF THE FACILITY.
Section 804 of the Tropical Forest Conservation Act of 1988 (22
U.S.C. 2431b) is amended by striking ``Tropical Forest Facility'' and
inserting ``Conservation Facility''.
SEC. 4. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431c(a)) is amended by striking ``tropical forest'' and
inserting ``tropical forest or coral reef or associated coastal marine
ecosystem''.
SEC. 5. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF
CONCESSIONAL LOANS UNDER THE FOREIGN ASSISTANCE ACT OF
1961.
(a) Additional Terms and Conditions.--Subsection (c)(2) of section
806 of the Tropical Forest Conservation Act of 1998 (22 U.S.C. 2431d)
is amended by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Authorization of Appropriations.--Subsection (d)(6) of such
section is amended by striking ``fiscal year 2007'' and inserting
``each of the fiscal years 2007 through 2010''.
(c) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Subsection (e) of such section is
amended to read as follows:
``(e) Use of Funds To Conduct Program Audits, Evaluations,
Monitoring, and Administration.--Of the amounts made available to carry
out this part for a fiscal year, up to $300,000 is authorized to be
made available to carry out audits, evaluations, monitoring, and
administration of programs under this part, including personnel costs
associated with such audits, evaluations, monitoring, and
administration.''.
SEC. 6. REDUCTION OF DEBT OWED TO THE UNITED STATES AS A RESULT OF
CREDITS EXTENDED UNDER TITLE I OF THE AGRICULTURAL TRADE
DEVELOPMENT AND ASSISTANCE ACT OF 1954.
Section 807(c)(2) of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431e(c)(2)) is amended by striking ``Tropical Forest Fund''
and inserting ``Conservation Fund''.
SEC. 7. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR
GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS.
Section 808(a)(5) of the Tropical Forest Conservation Act of 1998
(22 U.S.C. 2431f(a)(5)) is amended by adding at the end the following:
``(C) United states government representation on
the administering body.--One or more individuals
appointed by the United States Government may serve in
an official capacity on the administering body that
oversees the implementation of grants arising from this
debt-for-nature swap or debt buy-back regardless of
whether the United States is a party to any agreement
between the eligible purchaser and the government of
the beneficiary country.''.
SEC. 8. CONSERVATION AGREEMENT.
(a) Authority.--Subsection (a) of section 809 of the Tropical
Forest Conservation Act of 1998 (22 U.S.C. 2431g) is amended--
(1) by striking ``(a) Authority.--'' and all that follows
through ``The Secretary of State'' and inserting ``(a)
Authority.--The Secretary of State'';
(2) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(3) by striking paragraph (2).
(b) Administering Body.--Subsection (c)(2)(A) of such section is
amended--
(1) in clause (i), by inserting at the end before the
semicolon the following: ``to serve in an official capacity'';
and
(2) in clause (iii)(III), by inserting ``or marine'' after
``forestry''.
(c) Eligible Activities.--Subsection (d) of such section is
amended--
(1) in the matter preceding paragraph (1), by striking
``the tropical forests'' and inserting ``tropical forests or
coral reefs or associated coastal marine ecosystems'';
(2) in paragraph (2), by inserting ``and water'' after
``land'';
(3) in paragraph (5), by striking ``tropical forest''; and
(4) in paragraph (6), by striking ``living in or near a
tropical forest in a manner consistent with protecting such
tropical forest'' and inserting ``dependent on a tropical
forest or coral reef or associated coastal marine ecosystem in
a manner consistent with protecting and conserving such
resources''.
(d) Grant Recipients.--Subsection (e)(1)(A) of such section is
amended by inserting ``marine,'' after ``forestry,''.
(e) Review of Larger Grants.--Subsection (f) of such section is
amended to read as follows:
``(f) Review of Larger Grants.--Any grant of more than $250,000
from a Fund shall be approved by the Government of the United States
and the government of the beneficiary country.''.
(f) Conforming Amendment.--The heading of such section is amended
by striking ``tropical forest'' and inserting ``conservation''.
SEC. 9. CONSERVATION FUND.
(a) Establishment.--Subsection (a) of section 810 of the Tropical
Forest Conservation Act of 1998 (22 U.S.C. 2431h) is amended--
(1) by striking ``Tropical Forest Agreement'' and inserting
``Conservation Agreement''; and
(2) by striking ``Tropical Forest Fund'' and inserting
``Conservation Fund''.
(b) Technical and Conforming Amendments.--Such section is amended--
(1) in subsection (b), by striking ``terms as conditions''
and inserting ``terms and conditions''; and
(2) in the heading, by striking ``tropical forest'' and
inserting ``conservation''.
SEC. 10. BOARD.
Section 811 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431i) is hereby repealed.
SEC. 11. ANNUAL REPORTS TO THE CONGRESS.
Section 813 of the Tropical Forest Conservation Act of 1998 (22
U.S.C. 2431k) is amended--
(1) by striking ``(a) In General.--'';
(2) by striking ``December 31'' and inserting ``April 15'';
(3) by striking ``fiscal year'' each place it appears and
inserting ``calendar year''; and
(4) by striking subsection (b).
SEC. 12. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Part Heading.--The heading of part V of the Foreign Assistance
Act of 1961 is amended by striking ``tropical forests'' and inserting
``tropical forests or coral reefs or associated coastal marine
ecosystems''.
(b) Short Title.--
(1) Amendment.--Section 801 of the Tropical Forest
Conservation Act of 1998 (22 U.S.C. 2151 note) is amended by
striking ``Tropical Forest Conservation Act of 1998'' and
inserting ``Tropical Forest and Coral Conservation Act of
2007''.
(2) References.--Any reference in a law, regulation,
document, or other record of the United States to the Tropical
Forest Conservation Act of 1998 shall be deemed to be a
reference to the Tropical Forest and Coral Conservation Act of
2007.
(3) Availability of unobligated or unexpended funds.--
Amounts appropriated to carry out the Tropical Forest
Conservation Act of 1998 (as in effect on the day before the
date of the enactment of this Act) that are unobligated or
unexpended as of the date of the enactment of this Act may be
used to carry out the Tropical Forest and Coral Conservation
Act of 2007.
(c) Redesignation.--Part V of the Foreign Assistance Act of 1961
(22 U.S.C. 2431 et seq.) is amended by redesignating sections 812 and
813 as sections 811 and 812, respectively.
(d) Other Amendments.--Section 703(a)(5) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2430b(a)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``or, as appropriate in exceptional circumstances,'' and
inserting ``or''; and
(2) in subparagraph (A), by striking ``or an arrangement
under the structural adjustment facility or enhanced structural
adjustment facility, or in exceptional circumstances, a Fund
monitored program or its equivalent,'' and inserting ``an
arrangement under the structural adjustment facility or
enhanced structural adjustment facility, a Fund monitored
program, or is implementing sound macroeconomic policies,''.
Passed the House of Representatives October 9, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | (Sec. 1) Amends the Tropical Forest Conservation Act of 1998 to include tropical forests and coral reefs and associated coastal marine ecosystems within the scope of such Act. (Current law refers to only tropical forests.)
(Sec. 3) Renames the Tropical Forest Facility as the Conservation Facility.
(Sec. 4) Makes developing countries with tropical forests or coral reefs or associated coastal marine ecosystems eligible for benefits. (Current law refers only to tropical forests.)
(Sec. 5) Authorizes appropriations through FY2010 for specified credit and concessional loan debt reduction owed to the United States.
Increases obligations for program administration, monitoring, and auditing.
(Sec. 7) Authorizes U.S. government representation on the administering body that oversees the implementation of grants from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.
(Sec. 8) Requires U.S. government and beneficiary country government review of Conservation Fund grants in excess of $250,000.
(Sec. 8) Renames the Tropical Forest Agreement as the Conservation Agreement.
(Sec. 9) Renames the Tropical Forest Fund as the Conservation Fund.
(Sec. 10) Repeals Enterprise for the Americas Board authority to carry out activities under the Act.
(Sec. 11) Revises certain reporting dates.
(Sec. 12) Renames the Tropical Forest Conservation Act of 1998 as the Tropical Forest and Coral Conservation Act of 2007. | {"src": "billsum_train", "title": "To amend the Tropical Forest Conservation Act of 1998 to provide debt relief to developing countries that take action to protect tropical forests and coral reefs and associated coastal marine ecosystems, to reauthorize such Act through fiscal year 2010, and for other purposes."} | 3,186 | 357 | 0.472413 | 1.398947 | 0.68796 | 3.47973 | 9.043919 | 0.864865 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oxon Run Parkway Land Transfer and
Restoration Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) The term ``ancillary facilities'' means structures that
enhance and contribute to the pleasure and enjoyment of
occupants and are compatible with the development of a
community of single family homes for low and moderate income
families.
(2) The term ``District'' means the District of Columbia.
(3) The term ``initial sale'' means the first sale of a
home constructed by the District or any third party designated
by the District to carry out the purposes of this Act to a
person or persons qualified to purchase a home pursuant to this
Act.
(4) The term ``low and moderate income'' means having an
annual income that is less than or equal to the median annual
income in the District of Columbia.
(5) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. CONVEYANCE OF PROPERTY TO DISTRICT OF COLUMBIA FOR LOW AND
MODERATE INCOME HOUSING USE.
(a) In General.--The Secretary of the Interior shall,
notwithstanding any other provision of law, convey, not later than six
months after the date of enactment of this Act, to the District of
Columbia by quitclaim deed without consideration, all right, title, and
interest of the United States in and to the property described in
section 4 of this Act, subject to the condition that it be developed
into a community of single-family houses with ancillary facilities for
low and moderate income individuals and families and for recreational
facilities.
(b) Condition of Property.--No later than the time of the
conveyance, the Secretary shall disclose to the District all existing
information of the Secretary regarding the condition of the property
and its former uses. Nothing in this subsection is to be construed to
authorize the Secretary to conduct additional studies or assessments,
or develop additional information on the property.
SEC. 4. PROPERTY DESCRIBED.
The property referred to in section 3 is a portion of the land in
the District of Columbia that was formerly known as United States
Reservation 501, and as depicted on NCR map numbered 69-501-87, and is
bordered--
(1) on the northeast, by south Capital Street and privately
owned property;
(2) on the west, by a line located approximately 20 feet
east of the eastern edge of Oxon Run Parkway; and
(3) on the southeast, by the boundary between Maryland and
the District of Columbia;
consisting of approximately 25 acres.
SEC. 5. EFFECT OF PROPERTY CONVEYANCE.
Upon the conveyance of the property to the District pursuant to
this Act--
(1) the transfer of jurisdiction from the National Park
Service to the District dated August 2, 1971 shall become null
and void and of no further force and effect;
(2) the property shall no longer be considered to be part
of Oxon Run Park and shall not be considered to be within the
park system of the District;
(3) the property shall cease to be a reservation, park, or
public grounds of the United States for the purposes of the Act
of August 24, 1912 (ch. 355, 37 Stat. 444; 40 U.S.C. 68; 8-128
D.C. Code); and
(4) liability for the existing condition of the property
and for any necessary remediation and restoration actions lies
with the District, notwithstanding applicable law.
SEC. 6. INSPECTION AND TREATMENT OF CONVEYED PROPERTY.
Following conveyance of the property as provided for in section
3(a) of this Act, the District shall take all actions necessary to
ensure that the property is suitable for use pursuant to this Act. The
costs of all such inspections, analyses, environmental restoration,
waste management, and environmental compliance activities are to be
borne by the District.
SEC. 7. RECONVEYANCE OF PROPERTY TO THE UNITED STATES BY THE DISTRICT.
Within 6 months of the conveyance described in section 3(a) of this
Act, the District may reconvey to the United States without
consideration, all right, title and interest in and to the property
described in section 4, if it determines pursuant to section 6 of this
Act, that it cannot use the property for the purposes of this Act. The
costs incurred for such reconveyance shall be borne by the District.
Any and all claims and judgments arising during the period prior to
such reconveyance shall remain the responsibility of the District. This
reconveyance shall not be considered an admission of liability for any
purpose and does not give rise to a civil action for judicial review
until any and all remediation and restoration actions are completed.
SEC. 8. REVERSIONARY INTEREST.
(a) Use of Property.--The conveyance under section 3(a) shall be
subject to the condition that the property only be developed into a
community of single-family houses with ancillary facilities for low and
moderate income individuals and families, and recreational facilities.
Title in the property conveyed under section 1(a), or a portion
thereof, shall revert to the United States 90 days after the date on
which the Secretary provides written notice and opportunity to comment
to the owner and to the Mayor of the District of Columbia that one of
the following has occurred--
(1) Failure to commence construction of single family
houses and ancillary facilities thereto, or recreational
facilities, within four years after title has been conveyed
pursuant to section 3(a).
(2) Failure to complete construction of single family
houses and ancillary facilities thereto, or recreational
facilities, within 3 years after commencement of construction.
(3) Placement of improvements other than those authorized
by this Act.
(4) The initial sale of a house constructed pursuant to
this Act to a person or persons whose income collectively
exceed the median annual income in the District of Columbia at
the time of the initial sale.
The Secretary shall determine whether a reversion is for all of the
property conveyed in section 3(a) of this Act, or for a portion
thereof. Any such reversion shall not include any portion of the
property on which single family houses and ancillary facilities for low
and moderate income individuals and families have been constructed and
are ready for sale or have been previously subject to an initial sale
to a low or moderate income individual or family. The Secretary shall
consult with the Mayor of the District of Columbia prior to any
determination that any property conveyed to the District under this Act
or a portion thereof is subject to reversion to the United States.
(b) Extension.--The periods referred to in this section shall be
extended during--
(1) the pendency of any lawsuit which seeks to enjoin the
use of this property pursuant to this Act and any actions
related thereto; or
(2) the time in which the District is performing any
environmental restoration, waste management, and environmental
compliance activities that under applicable law are required
prior to the development of the property pursuant to this Act.
(c) Effect of Reversion.--Following any reversion to the United
States, any and all claims and judgments arising during the period
prior to such reversion shall remain the responsibility of the owner of
the reverting portion of the property immediately prior to reversion,
and any reversion shall extinguish any and all leases, rights or
privileges to use the portion of the property which reverts.
SEC. 9. SAVINGS PROVISIONS.
No provision of this Act shall be construed--
(1) as an express or implied endorsement or approval by the
Congress of any development or operation of this property;
(2) to exempt the District, after the conveyance, from
compliance with the laws of the United States and the District,
including laws relating to the environment, health, and safety
in the development or operation of this property;
(3) to prevent additional conditions on the development or
operation of the property; or
(4) to exempt the United States from compliance with
applicable laws relating to the environment, health, and
safety, except for with regard to this Act. | Oxon Run Parkway Land Transfer and Restoration Act - Directs the Secretary of the Interior to convey to the District of Columbia specified District land formerly known as United States Reservation 501 in Oxon Run Park, subject to the condition that it be developed into a community of single-family homes with ancillary facilities for low and moderate income individuals and families and recreational facilities. Requires disclosure to the District of the current property condition and its former uses.
Provides for: (1) inspection and treatment of the conveyed property; (2) District authority to reconvey such property within six months if it cannot be used for the above purposes; (3) a reversionary interest to the United States if the property is not used for such purposes or if construction for such uses has not commenced within specified periods; and (4) savings provisions. | {"src": "billsum_train", "title": "Oxon Run Parkway Land Transfer and Restoration Act"} | 1,789 | 179 | 0.610184 | 1.89231 | 0.831175 | 3.216049 | 10.308642 | 0.919753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Memorial to Noncitizen Patriots
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
(a) The Congress finds the following:
(1) There is a long history of noncitizens serving in the
Armed Forces of the United States of America.
(2) Noncitizens have been engaged in American battles since
the Colonial period, both as volunteers and conscripts.
(3) George Washington, a British subject, led our American
Revolution and the Marquis de Lafayette, a citizen of France,
and hundreds of other noncitizens helped win our independence.
(4) In the War of 1812, some Irish nationals helped the
United States fight British invaders.
(5) Thousands of noncitizens fought for the Union Army in
the Civil War.
(6) Roughly one in five wartime draftees during World War I
was foreign-born, and approximately 9 percent were noncitizens.
(7) According to one recent study, more than 20 percent of
the 3,400 members of the Armed Forces who have been awarded the
Medal of Honor, the Nation's highest military honor, were
immigrants, though the precise number of noncitizens who
received this award is not known.
(8) Today, 36,177 members of the Armed Forces are
noncitizens, making up about 5 percent of active duty members,
and 12,132 members of the Selected Reserve are noncitizens.
(9) About a third of today's noncitizen members of the
Armed Forces come from Mexico and other Spanish-speaking
countries and the rest are from the Philippines, China,
Vietnam, Canada, Korea, India, and other countries.
(10) These men and women in uniform, born in other
countries, now spend each day in honorable service to their
adopted land.
(11) These men and women love the United States and show it
in their daily devotion to duty.
(12) The role of noncitizen members of the Armed Forces
recently received widespread attention when a noncitizen from
Guatemala became the second American member of the Armed Forces
to die in Operation Iraqi Freedom.
(13) Noncitizen members of the Armed Forces from Mexico,
Colombia, the Republic of the Philippines, Scotland, Guyana,
the Dominican Republic, Cuba, Haiti, Nicaragua, and Poland have
also given their lives in the line of duty in Iraq.
(14) The sacrifice that these and other noncitizens have
made for their adopted country deserves special recognition and
appreciation.
(15) Among the special recognitions a grateful nation can
confer is establishment of a memorial to those noncitizens
killed in the line of duty while serving in the Armed Forces of
the United States.
SEC. 3. CONSTRUCTION OF MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF
DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED
STATES.
(a) Construction Required.--The Secretary of the Army shall, in
consultation with the Secretary of Veterans Affairs, construct at an
appropriate place in Arlington National Cemetery, Virginia, a memorial
marker honoring the service and sacrifice of noncitizens killed in the
line of duty while serving in the Armed Forces of the United States.
(b) Availability of Funds.--There is authorized to be appropriated
to the Secretary of the Army $500,000 for the design and construction
of the memorial marker required by subsection (a).
SEC. 4. DONATIONS FOR MEMORIAL TO NONCITIZENS KILLED IN THE LINE OF
DUTY WHILE SERVING IN THE ARMED FORCES OF THE UNITED
STATES.
(a) Authority to Accept Donations.--The Secretary of Veterans
Affairs may accept gifts and donations of services, money, and property
(including personal, tangible, or intangible property) for the purpose
of constructing an appropriate memorial or monument to noncitizens
killed in the line of duty while serving in the Armed Forces of the
United States, whether such memorial or monument is constructed by the
Secretary or is the memorial marker required by section 3.
(b) Transfer.--(1) The Secretary of Veterans Affairs may transfer
to the Secretary of the Army any services, money, or property accepted
by the Secretary under subsection (a) for the purpose of the
construction of the memorial marker required by section 3.
(2) Any moneys transferred to the Secretary of the Army under
paragraph (1) shall be merged with amounts appropriated pursuant to the
authorization provided in section 3(b), and shall be available for the
purpose referred to in that section.
(c) Expiration of Authority.--The authority of the Secretary of
Veterans Affairs to accept gifts and donations under subsection (a)
shall expire five years after the date of the enactment of this Act. | Memorial to Noncitizen Patriots Act - Directs the Secretary of the Army to construct within Arlington National Cemetery, Virginia, a memorial marker honoring the service and sacrifice of noncitizens killed in the line of duty while serving in the U.S. armed forces.
Authorizes the Secretary of Veterans Affairs to accept gifts and donations for such purpose. | {"src": "billsum_train", "title": "To require the construction at Arlington National Cemetery of a memorial to noncitizens killed in the line of duty while serving in the Armed Forces of the United States of America."} | 1,082 | 81 | 0.413496 | 1.062436 | 0.169773 | 5.590164 | 15.47541 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retiree Health Benefits Protection
Act''.
SEC. 2. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH BENEFITS.
(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:
``SEC. 516. RULES GOVERNING LITIGATION INVOLVING RETIREE HEALTH
BENEFITS.
``(a) Maintenance of Benefits.--
``(1) In general.--If--
``(A) retiree health benefits or plan or plan
sponsor payments in connection with such benefits are
to be or have been terminated or reduced under an
employee welfare benefit plan; and
``(B) an action is brought by any participant or
beneficiary to enjoin or otherwise modify such
termination or reduction,
the court without requirement of any additional showing shall
promptly order the plan and plan sponsor to maintain the
retiree health benefits and payments at the level in effect
immediately before the termination or reduction while the
action is pending in any court. No security or other
undertaking shall be required of any participant or beneficiary
as a condition for issuance of such relief. An order requiring
such maintenance of benefits may be refused or dissolved only
upon determination by the court, on the basis of clear and
convincing evidence, that the action is clearly without merit.
``(2) Exceptions.--Paragraph (1) shall not apply to any
action if--
``(A) the termination or reduction of retiree
health benefits is substantially similar to a
termination or reduction in health benefits (if any)
provided to current employees which occurs either
before, or at or about the same time as, the
termination or reduction of retiree health benefits, or
``(B) the changes in benefits are in connection
with the addition, expansion, or clarification of the
delivery system, including utilization review
requirements and restrictions, requirements that goods
or services be obtained through managed care entities
or specified providers or categories of providers, or
other special major case management restrictions.
``(3) Modifications.--Nothing in this section shall
preclude a court from modifying the obligation of a plan or
plan sponsor to the extent retiree benefits are otherwise being
paid by the plan sponsor.
``(b) Burden of Proof.--In addition to the relief authorized in
subsection (a) or otherwise available, if, in any action to which
subsection (a)(1) applies, the terms of the employee welfare benefit
plan summary plan description or, in the absence of such description,
other materials distributed to employees at the time of a participant's
retirement or disability, are silent or are ambiguous, either on their
face or after consideration of extrinsic evidence, as to whether
retiree health benefits and payments may be terminated or reduced for a
participant and his or her beneficiaries after the participant's
retirement or disability, then the benefits and payments shall not be
terminated or reduced for the participant and his or her beneficiaries
unless the plan or plan sponsor establishes by a preponderance of the
evidence that the summary plan description or other materials about
retiree benefits--
``(1) were distributed to the participant at least 90 days
in advance of retirement or disability;
``(2) did not promise retiree health benefits for the
lifetime of the participant and his or her spouse; and
``(3) clearly and specifically disclosed that the plan
allowed such termination or reduction as to the participant
after the time of his or her retirement or disability.
The disclosure described in paragraph (3) must have been made
prominently and in language which can be understood by the average plan
participant.
``(c) Representation.--Notwithstanding any other provision of law,
an employee representative of any retired employee or the employee's
spouse or dependents may--
``(1) bring an action described in this section on behalf
of such employee, spouse, or dependents; or
``(2) appear in such an action on behalf of such employee,
spouse or dependents.
``(d) Retiree Health Benefits.--For the purposes of this section,
the term `retiree health benefits' means health benefits (including
coverage) which are provided to--
``(1) retired or disabled employees who, immediately before
the termination or reduction, have a reasonable expectation to
receive such benefits upon retirement or becoming disabled; and
``(2) their spouses or dependents.''
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 515
the following new item:
``Sec. 516. Rules governing litigation involving retiree health
benefits.''
(c) Effective Date.--The amendments made by this section shall
apply to actions relating to terminations or reductions of retiree
health benefits which are pending or brought, on or after March 23,
1995. | Retiree Health Benefits Protection Act - Amends the Employee Retirement Income Security Act of 1974 to add rules governing litigation involving the termination or reduction of retiree health benefits. | {"src": "billsum_train", "title": "Retiree Health Benefits Protection Act"} | 1,100 | 40 | 0.513414 | 1.149011 | 0.764097 | 3.966667 | 33.966667 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Hunger Assistance in Response
to Emergency Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Secretary of Agriculture conducts an annual report
that measures food security and hunger by State; and
(2) many households that are eligible to receive food
stamps under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.)
do not know that the households are eligible to receive food
stamps.
SEC. 3. FUNDING FOR FOOD STAMP INFORMATIONAL ACTIVITIES BY STATES WITH
GREATEST RATE OF HUNGER.
Section 16 of the Food Stamp Act of 1977 (7 U.S.C. 2025) is
amended--
(1) in subsection (a), by striking ``subsection (k)'' and
inserting ``subsections (k) and (l)''; and
(2) by adding at the end the following:
``(l) Funding for Food Stamp Informational Activities by States
With Greatest Rate of Hunger.--
``(1) Designation of states.--
``(A) In general.--For each of fiscal years 2001
through 2005, the Secretary--
``(i) shall designate the 10 States that
have the greatest rate of hunger, as determined
on the basis of the most recent report that
measures food security and hunger by State
prepared by the Secretary for which data are
available; and
``(ii) may designate not more than 5
additional States if the Secretary determines,
on the basis of a proposal submitted by a
State, that the State will carry out a
demonstration project to carry out food stamp
informational activities under this paragraph
that uses innovative approaches that have
national significance.
``(B) Notification of states.--As soon as
practicable after designation of a State under
subparagraph (A), the Secretary shall notify the State
agency of the State that the State agency is eligible
to receive payments for administrative costs incurred
in carrying out food stamp informational activities in
accordance with paragraph (2).
``(C) Acceptance by states.--If a State agency of a
State notified under subparagraph (B) elects to carry
out food stamp informational activities in exchange for
payments under paragraph (2), not later than 90 days
after the date of notification by the Secretary, the
State agency shall--
``(i) notify the Secretary that the State
agency will carry out food stamp informational
activities in exchange for the payments; and
``(ii) provide to the Secretary a summary
describing the manner in which--
``(I) the payments will be used;
``(II) the outcomes of the
activities will be measured; and
``(III) any other eligibility
criteria established by the Secretary
for payments under paragraph (2) will
be met.
``(2) Payments.--
``(A) In general.--Subject to subparagraph (B), if
the State agency of a State elects to carry out food
stamp informational activities under paragraph (1),
subject to subparagraphs (B) through (E), the Secretary
shall pay the State agency of the State 100 percent of
the administrative costs incurred by the State agency
in carrying out food stamp informational activities,
including activities under section 11(e)(1)(A) and
outreach activities.
``(B) Eligibility.--A State agency shall be
eligible for payments under subparagraph (A) for only 1
period of 3 fiscal years.
``(C) State administrative costs.--The amount of
administrative costs for which the State agency of a
State may receive payments for a fiscal year under
subparagraph (A) shall not exceed such amount as the
Secretary determines is reasonable, as determined on
the basis of--
``(i) the population of the State;
``(ii) the rate of hunger in the State;
``(iii) the number of households that are
eligible to participate in the food stamp
program but are not participating in the
program; and
``(iv) other factors determined by the
Secretary.
``(D) Maximum payment.--The amount of payments made
to the State agency of a State for a fiscal year under
subparagraph (A) shall not exceed $1,000,000.
``(E) Maintenance of effort.--The expenditure of
funds by the State agency of a State for the
maintenance of food stamp informational activities
described in subparagraph (A) shall not be diminished
as a result of payments made available under this
paragraph.
``(3) Report.--Not later than 1 year after the end of the
third fiscal year for which the State agency of a State
receives payments under paragraph (2), the State agency shall
submit to the Secretary a brief report that measures the
outcomes of food stamp informational activities described in
paragraph (2) carried out by the State agency during the
preceding 3 fiscal years.''. | State Hunger Assistance in Response to Emergency Act of 2001 - Amends the Food Stamp Act of 1977 to provide funding for food stamp informational activities by States with the greatest rate of hunger. | {"src": "billsum_train", "title": "A bill to amend the Food Stamp Act of 1977 to improve food stamp informational activities in those States with the greatest rate of hunger."} | 1,073 | 40 | 0.591125 | 1.300265 | 0.483867 | 5.571429 | 29.142857 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consular Review Act of 1996''.
SEC. 2. ESTABLISHMENT OF A BOARD OF VISA APPEALS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 224 the following new section:
``board of visa appeals
``Sec. 225. (a) Establishment.--The Secretary of State shall
establish within the Department of State a Board of Visa Appeals. The
Board shall be composed of 5 members who shall be appointed by the
Secretary. No more than 2 members of the Board may be consular
officers. The Secretary shall designate a member who shall be
chairperson of the Board.
``(b) Authority and Functions.--The Board shall have authority to
review any discretionary decision of a consular officer with respect to
an alien concerning the denial, revocation, or cancellation of an
immigrant visa and of a nonimmigrant visa or petition and the denial of
an application for waiver of one or more grounds of excludability under
section 212. The review of the Board shall be made upon the record for
decision of the consular officer, including all documents, notes, and
memoranda filed with the consular officer, supplemented by affidavits
and other writings if offered by the consular officer or alien. Upon a
conclusive showing that the decision of the consular official is
contrary to the preponderance of the evidence, the Board shall have
authority to overrule, or remand for further consideration, the
decision of such consular officer.
``(c) Procedure.--Proceedings before the Board shall be in
accordance with such regulations, not inconsistent with this Act and
sections 556 and 557 of title 5, United States Code, as the Secretary
of State shall prescribe. Such regulations shall include requirements
that provide that--
``(1) at the time of any decision of a consular officer
under subsection (b), an alien, attorney of record, and any
interested party defined in subsection (d) shall be given
notice of the availability of the review process and the
necessary steps to request such review,
``(2) a written record of the proceedings and decision of
the consular officer (in accordance with such sections 556 and
557) shall be available to the Board, and on payment of
lawfully prescribed costs, shall be made available to the
alien,
``(3) upon receipt of request for review under this
section, the Board shall, within 30 days, notify the consular
officer with respect to whose decision review is sought, and,
upon receipt of such notice, such officer shall promptly (but
in no event more than 30 days after such receipt) forward to
the Board the record of proceeding as described in subsection
(b),
``(4) the appellant shall be given notice, reasonable under
all the circumstances of the time and place at which the Board
proceedings will be held,
``(5) the appellant may be represented (at no expense to
the Government) by such counsel, authorized to practice in such
proceedings, as the appellant shall choose, and
``(6) a request for review under this section must be made
in writing to the Board within 60 days after receipt of notice
of the denial, revocation or cancellation.
``(d) Interested Parties.--The Board shall review each decision
described in subsection (b) upon request of the alien or any of the
following interested parties:
``(1) The petitioner or beneficiary of an immigrant visa
petition approved under section 203(a), 203(b)(1), 203(b)(4),
203(b)(5), 203(c), or the petitioner of an immigrant visa
petition approved under sections 203(b)(2) and 203(b)(3).
``(2) The petitioner of a nonimmigrant visa petition.
``(3) The postsecondary educational institution approved
for the attendance of nonimmigrant students under section
101(a)(15)(F)(i) or 101(a)(15)(M)(i) which has provided notice
of the acceptance of the alien in its program.
``(4) A recognized international agency or organization
approved as a program sponsor under section 101(a)(15)(J) which
has provided notice of the acceptance of the alien in its
program.
``(5) A treaty investor or trader individual or
organization in the United States that, under section
101(a)(15)(E), has made an offer of employment to an alien to
perform executive or supervisory management functions.
``(e) Limitation.--A review may not be requested under this section
more than once in any 24 month period.
``(f) Construction.--This section may not be construed to restrict
any right to further administrative or judicial review established
under any other provision of law.
``(g) Fees.--The Secretary of State shall charge, and collect, an
appropriate fee associated with a request to the Board for a review.
Such fee shall be sufficient to cover the cost of the administration of
this section.''.
(b) Effective Dates.--
(1) The amendment made by subsection (a) shall take effect
120 days after the date of the enactment of this Act.
(2) Proposed regulations with respect to the amendment made
by subsection (a) shall be promulgated not later than 30 days
after the date of the enactment of this Act.
(3) Members of the Board of Visa Appeals under section 225
of the Immigration and Nationality Act (as inserted by
subsection (a)) shall be appointed not later than 120 days
after the date of the enactment of this Act.
(c) Technical Amendments.--
(1) Section 222(f) of the Immigration and Nationality Act
(8 U.S.C. 1202(f)) is amended--
(A) by striking ``except that'' and all that
follows up to the period, and
(B) by adding: ``An interested party under section
225(d) or court shall be permitted to inspect the
record of proceeding as described in subsections (c)(2)
and (c)(3) of section 225,''.
(2) Section 104(a)(1) of such Act (8 U.S.C. 1104(a)(1)) is
amended by striking the ``except'' and inserting ``including'',
(3) The table of contents of such Act is amended by
inserting after the item relating to section 224 the following
new item:
``Sec. 225. Board of Visa Appeals.''. | Consular Review Act of 1996 - Amends the Immigration and Nationality Act to establish within the Department of State a Board of Visa Appeals to review consular decisions regarding specified visa applications, revocations, and cancellations.
Provides that Board review requests shall be a fee-based service. | {"src": "billsum_train", "title": "Consular Review Act of 1996"} | 1,459 | 66 | 0.558308 | 1.422932 | 0.742749 | 3.75 | 25.038462 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Capital Formation Act of
1995''.
SEC. 2. FINDINGS.
The Congress hereby finds that--
(1) investments in small business venture capital stock
should be encouraged because of both the special risks and the
social and economic benefits associated with such investments,
(2) the exclusion from income of gain on small business
venture capital stock is an important incentive for individuals
and corporations to invest in such stock, and
(3) tax incentives for investments in capital assets in
general should be supplemented with an effective tax incentive
for investments in small business venture capital stock.
SEC. 3. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL BUSINESS
STOCK.
(a) Increase in Exclusion.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 is amended by striking ``50 percent'' and
inserting ``75 percent''.
(b) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of such
Code 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 of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''
(c) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of such Code
is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(d) Stock of Larger Businesses Eligible for Exclusion.--
(1) Paragraph (1) of section 1202(d) of such Code is
amended by striking ``$50,000,000'' each place it appears and
inserting ``$100,000,000''.
(2) Subsection (d) of section 1202 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 1996, 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 1995' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(e) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is
amended by striking subsection (b).
(f) Other Modifications.--
(1) Repeal of working capital limitation.--Paragraph (6) of
section 1202(e) of such Code is amended--
(A) by striking ``within 2 years'' in subparagraph
(B), and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Paragraph (3) of section 1202(c) of such Code 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 subparagraphs (A) and (B) if the
issuing corporation establishes that there was a
business purpose for such purchase and such purchase is
not inconsistent with the purposes of this section.''
(g) Effective Date.--The amendments made by this section shall
apply to stock issued after December 31, 1994.
(h) Election To Apply Amendments to Stock Issued After August 10,
1993.--
(1) In general.--The amendments made by this section shall
apply to any qualified stock issued after August 10, 1993, if
the taxpayer elects to apply such amendments with respect to
such stock.
(2) Qualified stock.--For purposes of paragraph (1), the
term ``qualified stock'' means stock--
(A) which is held by the taxpayer on December 31,
1994, and
(B) which was not qualified small business stock
(as defined section 1202(c) of the Internal Revenue
Code of 1986) when issued but which would be qualified
small business stock (as so defined) if the amendments
made by this section applied to stock issued after
August 10, 1993.
(3) Recognition of gain.--For purposes of the Internal
Revenue Code of 1986--
(A) In general.--Any qualified stock to which the
election under paragraph (1) applies shall be treated--
(i) as having been sold on January 1, 1995,
for an amount equal to its fair market value on
such date, and
(ii) as having been reacquired on such date
for an amount equal to such fair market value.
The preceding sentence shall not apply for purposes of
determining whether the stock is qualified small
business stock (as so defined).
(B) Treatment of gain or loss.--
(i) Any gain resulting from subparagraph
(A) shall be treated as received or accrued on
January 1, 1995, and shall be recognized
notwithstanding any provision of the Internal
Revenue Code of 1986.
(ii) Any loss resulting from subparagraph
(A) shall not be allowed for any taxable year.
(4) Election.--An election under paragraph (1) shall be
made in such manner as the Secretary may prescribe and shall
specify the stock for which such election is made. Such an
election, once made with respect to any stock, shall be
irrevocable. | Enterprise Capital Formation Act of 1995 - Amends the Internal Revenue Code to allow an exclusion of 75 percent (currently, 50 percent) of the gain from the sale or exchange of qualified small business stock held more than five years. Removes provisions restricting that exclusion to noncorporate taxpayers. Prohibits treating stock of a member of a parent-subsidiary controlled group as qualified while held by another member of such group. Removes provisions listing the excluded amounts as items of tax preference for purposes of alternative minimum tax. Changes the requirements for a business to qualify as a small business for these purposes. Removes provisions relating to a per-issuer limitation on a taxpayer's eligible gain. Modifies the working capital requirements of the active business requirement. Applies the amendments made by this Act to any qualified stock issued after August 10, 1993, if the taxpayer so elects. | {"src": "billsum_train", "title": "Enterprise Capital Formation Act of 1995"} | 1,343 | 195 | 0.551525 | 1.464854 | 0.734166 | 2.56213 | 7.248521 | 0.751479 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SAFE Port
Reauthorization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension of port security programs.
Sec. 3. Customs-Trade Partnership Against Terrorism.
Sec. 4. Recognition of other countries' trusted shipper programs.
Sec. 5. Secure Freight Initiative.
Sec. 6. Strengthening America's Waterway Watch Program.
Sec. 7. Port security grant program management.
SEC. 2. EXTENSION OF PORT SECURITY PROGRAMS.
(a) Automated Targeting System.--Section 203(g) of the SAFE Port
Act (6 U.S.C. 943(g)) is amended by striking paragraphs (1) through (3)
and inserting the following:
``(1) $32,565,000 for fiscal year 2011;
``(2) $33,475,000 for fiscal year 2012;
``(3) $34,500,000 for fiscal year 2013;
``(4) $35,550,000 for fiscal year 2014;
``(5) $36,580,000 for fiscal year 2015; and
``(6) $37,710,000 for fiscal year 2016.''.
(b) Container Security Initiative.--Section 205(m) of the SAFE Port
Act (6 U.S.C. 945(m)) is amended by striking paragraphs (1) through (3)
and inserting the following:
``(1) $166,860,000 for fiscal year 2011;
``(2) $171,865,000 for fiscal year 2012;
``(3) $177,000,000 for fiscal year 2013;
``(4) $182,330,000 for fiscal year 2014;
``(5) $187,800,000 for fiscal year 2015; and
``(6) $193,600,000 for fiscal year 2016.''.
(c) Customs-Trade Partnership Against Terrorism.--Section 223(a) of
the SAFE Port Act (6 U.S.C. 973(a)) is amended by striking paragraphs
(1) through (3) and inserting the following:
``(1) $64,500,000 for fiscal year 2011;
``(2) $66,400,000 for fiscal year 2012;
``(3) $68,400,000 for fiscal year 2013;
``(4) $70,500,000 for fiscal year 2014;
``(5) $72,500,000 for fiscal year 2015; and
``(6) $74,700,000 for fiscal year 2016.''.
SEC. 3. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM.
(a) Unannounced Inspections.--Section 217(a) of the SAFE Port Act
(6 U.S.C. 967(a)) is amended--
(1) by striking ``If at any time'' and inserting the
following:
``(1) Failure to meet requirements.--If at any time''; and
(2) by inserting after paragraph (1), as redesignated, the
following:
``(2) Unannounced inspections.--The Secretary, acting
through the Commissioner, may conduct an unannounced inspection
of a C-TPAT participant's security measures and supply chain
security practices if the Commissioner determines, based on
previously identified deficiencies in security measures and
supply chain security practices of the C-TPAT participant, that
there is a significant likelihood that such an inspection would
assist in confirming the security measures in place and further
the validation process.''.
(b) Tier 2 Participants.--Section 215(b) of the SAFE Port Act (6
U.S.C. 965(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) voluntary training on supply chain security.''.
(c) Additional Trade Benefits.--Section 216 of the SAFE Port Act (6
U.S.C. 966) is amended--
(1) in subsection (c)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking ``and'' at the
end;
(C) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(6) voluntary training on supply chain security; and
``(7) increased information sharing on the security threats
described in subsection (d).''; and
(2) by striking subsection (d) and inserting the following:
``(d) Private Sector Information Sharing on Security Threats.--
``(1) In general.--The Secretary shall establish a program
to promote sharing information with Tier 3 participants and
other private entities regarding--
``(A) potential vulnerabilities, attacks, and
exploitations of the international supply chain; and
``(B) means and methods of preventing, responding
to, and mitigating consequences from the
vulnerabilities, attacks, and exploitations described
in subparagraph (A).
``(2) Contents.--The program established under paragraph
(1) shall include--
``(A) the creation of classified and unclassified
means of accessing information that may be used by
appropriately cleared personnel and that will provide,
as appropriate, ongoing situational awareness of the
security of the international supply chain; and
``(B) the creation of guidelines to establish a
mechanism by which owners and operators of
international supply chain infrastructure may report
actual or potential security breaches.''.
SEC. 4. RECOGNITION OF OTHER COUNTRIES' TRUSTED SHIPPER PROGRAMS.
Section 218 of the SAFE Port Act (6 U.S.C. 968) is amended by
adding at the end the following:
``(j) Recognition of Other Countries' Trusted Shipper Programs.--
Not later than 30 days before entering into an arrangement between the
United States and a foreign government providing for mutual recognition
of supply chain security programs, which may result in the awarding of
benefits described in section 214, 215, or 216 of the SAFE Port Act,
the Secretary of Homeland Security shall--
``(1) notify Congress of the proposed terms of such
arrangement; and
``(2) determine, in consultation with the Commissioner that
the foreign government's supply chain security program provides
an equivalent level of supply chain security as provided by the
Customs-Trade Partnership Against Terrorism.''.
SEC. 5. SECURE FREIGHT INITIATIVE.
Section 232(b) of the SAFE Port Act (6 U.S.C. 982(b)) is amended--
(1) in paragraph (1), by striking ``A container'' and
inserting ``Except as provided under paragraph (10), a
container''; and
(2) by adding at the end the following:
``(10) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary certifies to Congress that--
``(A) C-TPAT revalidations are occurring at least
once every 4 years;
``(B) the Container Security Initiative has been
implemented and is in operation at all high-risk
foreign ports;
``(C) 100 percent of cargo containers originating
outside the United States undergo a screening to
identify high-risk containers;
``(D) 100 percent of the containers that have been
identified as high-risk are scanned or searched before
entering the United States; and
``(E) the additional data elements required to be
submitted to the Department under section 203 to
identify high-risk cargo have improved the capabilities
of the Automated Targeting System, based on empirical
evidence of seizures of illegal narcotics and dangerous
materials.''.
SEC. 6. STRENGTHENING AMERICA'S WATERWAY WATCH PROGRAM.
(a) Immunity.--
(1) Immunity for reports of suspected terrorist activity or
suspicious behavior and response.--
(A) In general.--Any individual who, in good faith
and based on objectively reasonable suspicion, makes,
or causes to be made, a voluntary report of covered
activity to an authorized official shall be immune from
civil liability under Federal, State, and local law for
such report.
(B) False reports.--Subparagraph (A) shall not
apply to any report that--
(i) the individual knew to be false; or
(ii) was made with reckless disregard for
the truth at the time that individual made the
report.
(2) Immunity for response.--
(A) In general.--Any authorized official who
observes, or receives a report of, a covered activity
and takes reasonable action in good faith to respond to
such activity shall have qualified immunity from civil
liability for such action, consistent with the
applicable law of the relevant jurisdiction. An
authorized official not entitled to assert the defense
of qualified immunity shall be immune from civil
liability under Federal, State, and local law if such
authorized official takes reasonable action, in good
faith, to respond to the reported activity.
(B) Savings provision.--Nothing in this paragraph
may be construed to--
(i) affect the ability of any authorized
official to assert any defense, privilege, or
immunity that would otherwise be available
under applicable law; or
(ii) affect any such defense, privilege, or
immunity.
(3) Attorney fees and costs.--Any individual or authorized
official granted immunity from civil liability under this
section shall be entitled to recover from the plaintiff all
reasonable costs and attorney fees.
(4) Exemption for foia.--A report regarding a covered
activity made under this section shall not be subject to
disclosure under section 552 of title 5, United States Code
(commonly referred to as the Freedom of Information Act).
(b) Report.--In accordance with section 801 of the Coast Guard
Authorization Act of 2010 (Public Law 111-281; 124 Stat. 2989), the
Secretary shall submit a report that describes the coordination of the
America's Waterway Watch Program and similar critical infrastructure
suspicious activity reporting programs within the Department of
Homeland Security. In addition to submitting the report to the
Committee on Commerce of the Senate and the Committee on Homeland
Security of the House of Representatives, the Secretary shall submit
the report to the Committee on Homeland Security and Governmental
Affairs of the Senate.
(c) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given the term in section 3077 of title 18, United
States Code.
(2) Authorized official.--The term ``authorized official''
means--
(A) any employee or agent of a vessel, facility,
port, or waterway or other person with responsibilities
relating to the security of such systems;
(B) any officer, employee, or agent of the
Department of Homeland Security, the Department of
Transportation, or the Department of Justice with
responsibilities relating to the security of vessels,
facilities, ports, or waterways; and
(C) any Federal, State, or local law enforcement
officer.
(3) Covered activity.--The term ``covered activity'' means
any suspicious transaction, activity, or occurrence that--
(A) involves, or is directed against, a vessel,
facility, port, or waterway; and
(B) indicates that an individual may be preparing
to engage, or is engaging, in a violation of law
relating to--
(i) a threat to a vessel, facility, port,
or waterway; or
(ii) an act of terrorism.
(4) Facility.--The term ``facility'' has the meaning given
the term in section 70101(2) of title 46, United States Code.
SEC. 7. PORT SECURITY GRANT PROGRAM MANAGEMENT.
(a) Determination of Applications.--Section 70107(g) of title 46,
United States Code, is amended--
(1) by striking ``Any entity'' and inserting the following:
``(1) In general.--Any entity''; and
(2) by adding at the end the following:
``(2) Determination.--Notwithstanding any other provision
of law, the Secretary shall, not later than 60 days after the
date on which an applicant submits a complete application for a
grant under this section, either approve or disapprove the
application.''.
(b) Administration of Cost Share Determinations.--Section
70107(c)(2) of title 46, United States Code, is amended by inserting
after subparagraph (C) the following:
``(D) Cost share determinations.--Notwithstanding
any other provision of law, not later than 60 days
after the date on which an applicant submits a complete
application for a matching requirement (other than a
project specified in paragraph (1)), the Secretary
shall either approve or disapprove the application.''.
(c) Administration of Extensions.--Section 70107(i) of title 46,
United States Code, is amended by inserting after paragraph (4) the
following:
``(5) Extension determinations.--Notwithstanding any other
provision of law, not later than 60 days after the date on
which an applicant submits a complete application for a grant
extension, the Secretary shall either approve or disapprove the
application.''.
(d) Authorization of Appropriations.--Section 70107(l) of title 46,
United States Code, is amended to read as follows:
``(l) Authorization of Appropriations.--There are authorized to be
appropriated $300,000,000 for each of the fiscal years 2011 through
2016 to carry out this section.''. | SAFE Port Reauthorization Act - Amends the SAFE Port Act to authorize appropriations for FY2011-FY2016 for: (1) the automated targeting system for identifying and inspecting high-risk oceanborne container cargo, (2) the Container Security Initiative, and (3) the Customs-Trade Partnership Against Terrorism (C-TPAT).
Permits: (1) unannounced inspections of a C-TPAT participant's security measures, and (2) provision of voluntary supply chain security training.
Directs the Secretary of Homeland Security to establish a program to promote sharing of private sector security-related information.
Requires the Secretary, prior to entering into an arrangement between the United States and a foreign government providing for mutual recognition of supply chain security programs, to: (1) notify Congress of such arrangement's terms, and (2) determine that the foreign government's program provides a C-TPAT level of security.
Sets forth exemptions to the requirement that a container loaded on a vessel in a foreign port not be allowed into the United States unless it was scanned by nonintrusive imaging and radiation detection equipment prior to loading.
Grants: (1) immunity from civil liability to any individual who, in good faith and based on objectively reasonable suspicion, makes a voluntary report of covered activity (any suspicious transaction, activity, or occurrence that indicates an individual may be engaging in a violation of law relating to a threat to a vessel, facility, port, or waterway or an act of terrorism) to an authorized official; (2) qualified immunity from civil liability to any authorized official who observes, or receives a report of, a covered activity and takes reasonable action in good faith to respond to such activity; and (3) immunity from civil liability to an authorized official not entitled to assert the defense of qualified immunity if he or she takes reasonable action, in good faith, to respond to the reported activity. Entitles any such individual or authorized official granted immunity to recover from the plaintiff all reasonable costs and attorney fees. Exempts a report regarding such activity from disclosure under the Freedom of Information Act.
Directs the Secretary to report on the coordination of the America's Waterway Watch Program and similar critical infrastructure suspicious activity reporting programs within the Department of Homeland Security (DHS).
Directs the Secretary to either approve or disapprove a complete application for a port security grant, a matching requirement, or a grant extension within 60 days of submission. Authorizes appropriations for port security grants for FY2011-FY2016. | {"src": "billsum_train", "title": "A bill to reauthorize certain port security programs, and for other purposes."} | 3,027 | 548 | 0.516085 | 1.805032 | 0.710562 | 4.028926 | 5.690083 | 0.913223 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Exports Through
Entrepreneurship Act of 2012''.
SEC. 2. SMALL BUSINESS TAX CREDIT FOR COSTS ASSOCIATED WITH EXPANDING
EXPORT MARKETS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR SMALL BUSINESS COSTS OF EXPANDING EXPORT
MARKETS.
``(a) In General.--For purposes of section 38, in the case of a
qualified small business, the small business export expansion credit
for any taxable year is an amount equal to 25 percent of the export
expansion expenses of the taxpayer paid or incurred during the taxable
year.
``(b) Export Expansion Expenses.--For purposes of this section, the
term `export expansion expenses' means amounts paid or incurred by the
taxpayer for the purpose of increasing the amount of goods sold for
consumption, or services provided, outside the United States. Such term
shall not include the cost of goods sold (and similar amounts with
respect to services provided).
``(c) Qualified Small Business.--For purposes of this section, the
term `qualified small business' means a small business concern within
the meaning of section 3 of the Small Business Act.''.
(b) Credit To Be Part of General Business Credit.--
(1) In general.--Subsection (b) of section 38 of such Code
is amended by striking ``plus'' at the end of paragraph (35),
by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) in the case of a qualified small business (as
defined in section 45S(c)), the small business export expansion
credit determined under section 45S(a).''.
(2) Credit allowable against alternative minimum tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (vi)
the following new clause:
``(vii) the credit determined under section
45S,''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Credit for small business costs of expanding export
markets.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. AVAILABILITY OF ESSENTIAL TRADE INFORMATION.
Section 22(c)(7) of the Small Business Act (15 U.S.C. 649(c)(7)) is
amended--
(1) in subparagraph (C) by striking ``and'' at the end;
(2) in subparagraph (D) by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(E) compiling in a format that is accessible and
able to be understood by the owners of small business
concerns, making available to appropriate partner
entities (including small business development centers,
women's business centers, chapters of the Service Corps
of Retired Executives, Veterans Business Outreach
Centers, and Export Assistance Centers), and updating
each year a document that contains--
``(i) the tariff schedules of all foreign
countries (organized by industry sector); and
``(ii) for each of the 50 foreign countries
to which the highest total value of United
States goods and services are exported (as
determined by the Associate Administrator),
information on the demand for goods and
services in the country, including an
identification of the 10 industry sectors with
respect to which the highest total value of
United States goods and services are exported
to the country (as determined by the Associate
Administrator);''.
SEC. 4. FOREIGN CUSTOMER MATCHMAKING.
Section 22(c) of the Small Business Act (15 U.S.C. 649(c)) is
amended--
(1) in paragraph (12) by striking ``and'' at the end;
(2) in paragraph (13) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(14) in coordination with the Department of Commerce and
other appropriate Federal departments and agencies, identify
and advertise to small business concerns programs and services
that facilitate the matching of foreign customers to small
business concerns, including--
``(A) any program administered by a Federal
department or agency that assists small business
concerns to identify and meet with foreign buyers,
partners, or sales representatives; and
``(B) any service of a Federal department or agency
that assists small business concerns to participate in
personalized business matchmaking, trade missions,
reverse trade missions, or trade shows.''.
SEC. 5. LOANS TO SMALL BUSINESSES BY THE EXPORT-IMPORT BANK.
Section 2(b)(1)(E)(v) of the Export-Import Bank Act of 1945 (12
U.S.C. 635(b)(1)(E)(v)) is amended--
(1) in the first sentence, by inserting ``, and from the
aggregate loan authority available to it, an amount to so
finance such exports which shall be not less than 30 percent of
such authority for each fiscal year'' before the period; and
(2) by adding at the end the following new sentence: ``The
Bank shall charge interest and fees to the extent necessary to
fully offset the costs of making loans under this clause.''.
SEC. 6. INCREASE IN SMALL BUSINESS INVESTMENT BY OVERSEAS PRIVATE
INVESTMENT CORPORATION.
(a) In General.--Title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 is amended--
(1) in section 231(e)(2) (22 U.S.C. 2191(e)(2)), by
striking ``30 percent'' and inserting ``40 percent'';
(2) in section 233(b) (22 U.S.C. 2193(b)), by striking
``two of the eight'' and inserting ``three of the eight''; and
(3) in section 240(a) (22 U.S.C. 2200(a)), by striking ``50
percent'' and inserting ``60 percent''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on the date of the enactment of this Act and apply with respect
each fiscal year beginning on or after such date of enactment.
SEC. 7. LIMITATIONS ON DUTIES THAT APPLY TO CERTAIN GOODS AND SERVICES
IMPORTED INTO THE UNITED STATES FOR USE BY SMALL BUSINESS
CONCERNS.
(a) Limitation on HTS Duties.--Notwithstanding any other provision
of law, the rate of duty under the HTS that applies to a covered good
or covered service that is imported into the United States shall not
exceed the lesser of--
(1) the rate of duty that applies to the good or service on
the date on which the good or service is purchased by a small
business concern; or
(2) the rate of duty that applies to the good or service at
the time of entry.
(b) Limitation on Additional Duties.--
(1) In general.--Notwithstanding any other provision of
law, no additional duty described in paragraph (2) shall apply
with respect to a covered good or covered service that is
imported into the United States.
(2) Additional duties.--An additional duty described in
this paragraph is--
(A) a countervailing duty imposed under subtitle A
of title VII of the Tariff Act of 1930 (19 U.S.C. 1671
et seq.);
(B) an antidumping duty imposed under subtitle B of
title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et
seq.); and
(C) any other additional duty imposed under any
other provision of law.
(c) Documentation.--The Secretary shall require the importer of a
good or service who, for purposes of this section, claims the good or
service to be a covered good or covered service, as the case may be, to
submit such documentation or other information to the Secretary as may
be necessary to verify the accuracy of such claims.
(d) Regulations.--The Secretary is authorized to prescribe such
rules and regulations as are necessary to carry out the provisions of
this section.
(e) Definitions.--In this section:
(1) Covered good.--The term ``covered good'' or ``good''
means a good that is purchased by a small business concern for
use in its regular business operations.
(2) Covered service.--The term ``covered service'' or
``service'' means a service that is purchased by a small
business concern for use in its regular business operations.
(3) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
(4) Importer.--The term ``importer'' means--
(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)); and
(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated by the Secretary.
(5) Small business concern.--The term ``small business
concern'' has the meaning given such term for purposes of the
Small Business Act (15 U.S.C. 631 et seq.).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Time of entry.--The term ``time of entry'' means--
(A) as relates to imports of covered goods, the
time generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68); and
(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated by the Secretary.
(f) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies to covered goods and covered services
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act. | Enhancing Exports Through Entrepreneurship Act of 2012 - Amends the Internal Revenue Code to provide a small business export expansion credit of 25% of export expansion expenses.
Amends the Small Business Act to direct the Office of International Trade (Office) to compile and update annually, for small businesses and their partner entities, a document that contains: (1) the tariff schedules of all foreign countries; and (2) for each of the 50 foreign countries to which the highest total value of U.S. goods and services are exported, specified information on the demand for goods and services in that country.
Requires the Office to identify and advertise programs and services to small businesses, including federal programs and services, that facilitate the matching of foreign customers to small businesses.
Amends the Export-Import Bank Act of 1945 to increase, from 20% to 30% of the aggregate annual loan authority available to the Export-Import Bank, the amount to be used to finance small business exports.
Amends the Foreign Assistance Act of 1961 to increase the proportion and percentage of projects and assistance financed for small businesses by the Overseas Private Investment Corporation.
Provides limitations on duties under the Harmonized Tariff Schedule that apply to certain goods and services imported into the United States for use by small businesses in their regular operations. | {"src": "billsum_train", "title": "To provide exporting assistance to small business concerns, and for other purposes."} | 2,472 | 274 | 0.51247 | 1.521477 | 0.697235 | 3.348 | 8.536 | 0.884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ombudsman Reauthorization Act of
2001''.
SEC. 2. OFFICE OF OMBUDSMAN.
The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended by
striking section 2008 (42 U.S.C. 6917) and inserting the following:
``SEC. 2008. OFFICE OF OMBUDSMAN.
``(a) Definitions.--In this section:
``(1) Assistant administrator.--The term `Assistant
Administrator' means the Assistant Administrator for Solid
Waste and Emergency Response of the Environmental Protection
Agency.
``(2) Office.--The term `Office' means the Office of the
Assistant Administrator for Solid Waste and Emergency Response
of the Environmental Protection Agency.
``(3) Ombudsman.--The term `Ombudsman' means the director
of the Office of Ombudsman established under subsection (b).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish within
the Office an Office of Ombudsman, to be directed by an
Ombudsman.
``(2) Oversight.--The Ombudsman shall report directly to
the Administrator.
``(c) Duties.--The Ombudsman shall--
``(1) receive, and render assistance concerning, any
complaint, grievance, or request for information submitted by
any person relating to any program or requirement under this
Act; and
``(2)(A) identify areas in which citizens have, and assist
citizens in resolving, problems with the Office;
``(B) propose changes in the administrative practices of
the Environmental Protection Agency to eliminate or, to the
maximum extent practicable, mitigate those problems; and
``(C) conduct investigations, make findings of fact, and
make nonbinding recommendations concerning those problems.
``(d) Powers and Responsibilities.--In carrying out this section,
the Ombudsman--
``(1) may, on receipt of a complaint or at the discretion
of the Ombudsman, investigate any action of the Assistant
Administrator without regard to the finality of the action;
``(2) may, under the authority of this section or section
104(e) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(e)),
examine any record or document of, and enter and inspect
without notice any property under the administrative
jurisdiction of, the Environmental Protection Agency;
``(3) in a case in which the Ombudsman experiences
difficulty in gathering information pertaining to an
investigation conducted by the Ombudsman, may request the
Department of Justice or applicable United States attorney to
subpoena any person to appear to give sworn testimony
concerning, or to produce documentary or other evidence
determined by the Ombudsman to be reasonably material to, the
investigation;
``(4) may carry out and participate in, and cooperate with
any person or agency involved in, any conference, inquiry on
the record, public hearing on the record, meeting, or study
that, as determined by the Ombudsman--
``(A) is reasonably material to an investigation
conducted by the Ombudsman; or
``(B) may lead to an improvement in the performance
of the functions of the Office;
``(5) shall maintain as confidential and privileged any and
all communications concerning any matter pending, and the
identities of any parties or witnesses appearing, before the
Ombudsman; and
``(6) shall administer a budget for the Office of
Ombudsman.
``(e) Administration.--
``(1) In general.--The Ombudsman may--
``(A) appoint an Associate Ombudsman for each
region of the Environmental Protection Agency; and
``(B) evaluate and carry out personnel actions
(including hiring and dismissal) with respect to any
employee of the Office of Ombudsman.
``(2) Contact information.--The Ombudsman shall maintain,
in each region of the Environmental Protection Agency, a
telephone number, facsimile number, electronic mail address,
and post office address for the Ombudsman that are different
from the numbers and addresses of the regional office of the
Environmental Protection Agency located in that region.
``(3) Cooperation.--All Federal agencies shall--
``(A) assist the Ombudsman in carrying out
functions of the Ombudsman under this section; and
``(B) promptly make available, in such format as
may be determined by the Ombudsman, all requested
information concerning--
``(i) past or present agency waste
management practices; and
``(ii) past or present hazardous waste
facilities owned, leased, or operated by the
agency.
``(4) Reports.--The Ombudsman shall, at least annually,
publish in the Federal Register and submit to the Committee on
Energy and Commerce of the House of Representatives, the
Committee on Environment and Public Works of the Senate, the
President, and, at the discretion of the Ombudsman, any other
governmental agency, a report on the status of health and
environmental concerns addressed in complaints and cases
brought before the Ombudsman in the period of time covered by
the report.
``(f) Penalties.--Any person that willfully--
``(1) obstructs or hinders the proper and lawful exercise
of the powers of the Ombudsman; or
``(2) misleads or attempts to mislead the Ombudsman in the
course of an investigation;
shall be subject, at a minimum, to penalties under sections 1001 and
1505 of title 18, United States Code.
``(g) Applicability.--
``(1) In general.--This section--
``(A) shall not limit any remedy or right of
appeal; and
``(B) may be carried out notwithstanding any
provision of law to the contrary that provides that an
agency action is final, not reviewable, or not subject
to appeal.
``(2) Effect on procedures for grievances, appeals, or
administrative matters.--The establishment of the Office of
Ombudsman shall not affect any procedure concerning grievances,
appeals, or administrative matters under this Act or any other
law (including regulations).
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $2,000,000 for each of fiscal years 2002 and
2003;
``(B) $3,000,000 for each of fiscal years 2004
through 2006; and
``(C) $4,000,000 for each of fiscal years 2007
through 2010.
``(2) Separate line item.--In submitting the annual budget
for the Federal Government to Congress, the President shall
include a separate line item for the funding for the Office of
Ombudsman.
``(i) Termination.--The Office of Ombudsman shall cease to exist on
the date that is 10 years after the date of enactment of the Ombudsman
Reauthorization Act of 2001.''. | Ombudsman Reauthorization Act of 2001 - Amends the Solid Waste Disposal Act to revise provisions regarding the Ombudsman.Expands the duties of the Ombudsman to include: (1) assisting citizens in resolving problems with the Environmental Protection Agency (EPA) Office of the Assistant Administrator for Solid Waste and Emergency Response; (2) proposing changes in EPA administrative practices to mitigate such problems; and (3) conducting investigations, making findings of fact, and making nonbinding recommendations concerning such problems.Describes additional administrative and investigative powers of the Ombudsman.Reauthorizes appropriations for the Ombudsman through FY 2010. | {"src": "billsum_train", "title": "To provide additional authority to the Office of Ombudsman of the Environmental Protection Agency."} | 1,581 | 144 | 0.640471 | 1.722494 | 0.693464 | 2.633028 | 12.899083 | 0.816514 |
OF APPROVAL REQUIRED FOR ADMISSION OF
REFUGEES.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) in subsection (a)--
(A) by amending paragraphs (1) and (2) to read as
follows:
``(1) Before the beginning of a fiscal year and after
appropriate consultation (as defined in subsection (e) of this
section), the President shall submit to Congress a
recommendation on the number of refugees who may be admitted
under this section in any fiscal year.
``(2) Except as provided in subsection (b), no refugees may
be admitted under this section in a fiscal year until such time
as a joint resolution is enacted into law which sets the number
of refugees who may be admitted under this section in that
fiscal year.''; and
(B) in paragraph (4)--
(i) by striking ``determination'' and
inserting ``recommendation''; and
(ii) by striking ``determined'' and
inserting ``recommended'';
(2) in subsection (b)--
(A) by striking ``fix'' and inserting ``submit to
Congress a recommendation for'';
(B) by striking ``situation and such'' and
inserting ``situation. Any such''; and
(C) by adding at the end the following: ``No
refugees may be admitted under this subsection until
such time as a joint resolution is enacted into law
which sets the number of refugees who may be admitted
under this subsection.'';
(3) in subsection (c)(1), by striking ``Subject to the
numerical limitations established pursuant to subsections (a)
and (b)'' and inserting ``Subject to the enactment into law of
a joint resolution under subsection (a) or (b), and the
numerical limitations established pursuant to such a
resolution,''; and
(4) in subsection (d)--
(A) in paragraph (3), by striking ``determination''
each place it appears and inserting ``recommendation''.
SEC. 3. APPROPRIATE CONSULTATION.
Section 207of the Immigration and Nationality Act (8 U.S.C. 1157)
is further amended--
(1) in subsection (d)(1), by inserting after ``Committees
on the Judiciary of the House of Representatives and of the
Senate'' the following: ``, the Committee on Homeland Security
of the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate''; and
(2) in subsection (e), by inserting after ``members of the
Committees on the Judiciary of the Senate and of the House of
Representatives'' the following: ``, the Committee on Homeland
Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate''.
SEC. 4. CONSULTATION FOR DETERMINATIONS OF ADMISSIBILITY.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)) is further amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (1), by adding at the end the following:
``In determining whether an alien is admissible under section
212(a)(3), the Secretary shall consult with the Director of
National Intelligence and the Director of the Federal Bureau of
Investigation.''.
SEC. 5. PRIORITY FOR REFUGEES FROM IRAQ AND SYRIA PERSECUTED ON THE
BASIS OF RELIGION.
Beginning in fiscal year 2016 and ending in fiscal year 2020, when
considering the admission of refugees who are nationals or citizens of
Iraq or Syria, the President shall prioritize refugees who are members
of a religious minority community, and have been identified by the
Secretary of State, or the designee of the Secretary, as a persecuted
group.
SEC. 6. REPORT.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the adequacy and effectiveness at protecting the
security of the United States of the refugee screening process. The
report shall include the following:
(1) The number of refugees that the Secretary of Homeland
Security determined were admissible under paragraph (3) of
section 212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)), but who, subsequent to admission to the United
States, became inadmissible under such paragraph.
(2) Federal agencies which are not, as of the date of the
report, involved in making determinations of admissibility of
refugees under such paragraph, which the Comptroller General
determines should be so involved.
(3) Issues or gaps in the process for determining the
admissibility of refugees under such paragraph.
(4) Recommendations for improving the process for
determining the admissibility of refugees under such paragraph
in order to better protect the security of the United States. | Refugee Resettlement Oversight and Security Act of 2015 This bill amends the Immigration and Nationality Act to require the President, after appropriate consultation with certain congressional committees, to recommend to Congress the number of refugees who may be admitted into the United States in a fiscal year. Except in the case of an unforeseen emergency refugee situation, no refugees may be admitted in a fiscal year until Congress enacts a joint resolution setting the number of refugees who may be admitted in that fiscal year. In determining an alien's admissibility on security and related grounds the Department of Homeland Security shall consult with the Director of National Intelligence and the Federal Bureau of Investigation. Beginning in FY2016 and ending in FY2020, the President, when considering the admission of refugees who are nationals or citizens of Iraq or Syria, shall give priority to members of a persecuted religious minority. The Government Accountability Office shall report to Congress on the effectiveness of the refugee screening process in protecting U.S. security. | {"src": "billsum_train", "title": "Refugee Resettlement Oversight and Security Act of 2015"} | 1,188 | 217 | 0.570623 | 1.599862 | 0.728089 | 3.276243 | 5.900552 | 0.856354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Model Alternative Publicly
Accountable Schools Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Because of its extensive use of public charter schools
and transformation schools, the District of Columbia has become
a leading national model for providing children and parents
with alternatives to traditional public schools.
(2) The District of Columbia has the largest number of
public charter schools per capita in the Nation.
(3) Despite the unavailability of adequate facilities and
play areas at the District of Columbia's public charter
schools, they have proved a remarkable success. The
attractiveness of these schools to parents has increased
exponentially, as demonstrated by the extensive wait lists for
admission.
(4) By designating certain low-performing schools as
transformation schools and providing these schools with
increased resources and specialized attention, the District of
Columbia is making a significant difference in the performance
of low-income and other children who attend these schools.
(5) Many school districts have failed to establish charter
schools, and many are only beginning to consider removing low-
performing schools from the procedures applicable to
traditional public schools, as the District of Columbia has
done in establishing transformation schools from the low-
performing traditional public schools.
(6) The District of Columbia experience should be
encouraged and further developed so that it can be used by
other school districts as a model for offering public school
alternatives that provide services similar to the those
available to targeted assistance schools under section 1115 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6315) and charter schools under part B of title V of that Act
(20 U.S.C. 7221 et seq.).
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To provide a model for school districts in the United
States using and building on the experience of the District of
Columbia in establishing fully accountable public alternatives
to traditional public schools.
(2) To illustrate the range of public education
possibilities, including--
(A) public transformation schools that focus on
providing low-income children and other children from
low-performing schools residing in the District of
Columbia and their parents with expanded opportunities
and enriched resources; and
(B) public charter schools in the District of
Columbia, for children whose parents so choose.
SEC. 4. EXPANSION OF OPPORTUNITIES FOR LOW-INCOME PARENTS IN D.C. TO
ENROLL THEIR CHILDREN IN HIGHER-PERFORMING SCHOOLS.
(a) Public Transformation Schools.--
(1) In general.--There are authorized to be appropriated
for public transformation schools in the District of Columbia
$12,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the succeeding 4 fiscal years, to be used
to expand opportunities for students in the District of
Columbia to attend such schools and to fund the additional
services that are necessary to achieve continued improvements
in the performance of the children in these schools.
(2) Public transformation school defined.--In this
subsection, the term ``public transformation school'' means a
public elementary or secondary school that--
(A) is designated as a transformation school by the
Superintendent of the District of Columbia Public
Schools; and
(B) is eligible for a schoolwide program under
section 1114 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6314) or targeted assistance
under section 1115 of such Act (20 U.S.C. 6315).
(b) Public Charter Schools.--There are authorized to be
appropriated to the Direct Loan Fund for Charter School Improvement
(established under section 143(b) of the District of Columbia
Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 131)) $3,000,000
for fiscal year 2004 and such sums as may be necessary for each of the
succeeding 4 fiscal years, to be used to expand opportunities for
students in the District of Columbia to attend public charter schools
in the District of Columbia.
(c) Authorizations in Additional to Other Funds.--Any authorization
of appropriations under this section is in addition to any other
authorizations of appropriations available for the purposes of this
Act.
SEC. 5. REPORTING REQUIREMENTS FOR SCHOOLS RECEIVING ASSISTANCE.
Not later than 90 days after the end of each academic year, the
State Education Agency for the District of Columbia shall prepare and
submit to the Congress and the Mayor and City Council of the District
of Columbia a report on the progress for the academic year of all of
the public transformation schools and public charter schools in the
District that receive funds under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$15,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the succeeding 4 fiscal years. | Model Alternative Publicly Accountable Schools Act of 2003 - Authorizes appropriations for: (1) public transformation schools in the District of Columbia to expand opportunities for low-income District parents to enroll their children in higher-performing schools, and to fund the additional services necessary to achieve continued improvements in the performance of such students; and (2) the Direct Loan Fund for Charter School Improvement, to be used to expand opportunities for District students to attend charter schools in the District. | {"src": "billsum_train", "title": "To provide a model for school districts in the United States using and building on the experience of the District of Columbia in establishing fully accountable public alternatives to traditional public schools."} | 1,052 | 95 | 0.576008 | 1.50157 | 1.059944 | 4.747253 | 10.89011 | 0.989011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bronzeville-Black Metropolis
National Heritage Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Bronzeville-Black Metropolis National Heritage Area established
by section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(a).
(3) Management plan.--The term ``management plan'' means
the plan developed by the local coordinating entity under
section 5(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Illinois.
SEC. 3. BRONZEVILLE-BLACK METROPOLIS NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Bronzeville-Black
Metropolis National Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall consist of the region in
the city of Chicago, Illinois, bounded as follows:
(1) 18th Street on the North to 22nd Street on the South,
from Lake Michigan on the East to Wentworth Avenue on the West.
(2) 22nd Street on the North to 35th Street on the South,
from Lake Michigan on the East to the Dan Ryan Expressway on
the West.
(3) 35th Street on the North to 47th Street on the South,
from Lake Michigan on the East to the B&O Railroad (Stewart
Avenue) on the West.
(4) 47th Street on the North to 55th Street on the South,
from Cottage Grove Avenue on the East to the Dan Ryan
Expressway on the West.
(5) 55th Street on the North to 67th Street on the South,
from State Street on the West to Cottage Grove Avenue/South
Chicago Avenue on the East.
(6) 67th Street on the North to 71st Street on the South,
from Cottage Grove Avenue/South Chicago Avenue on the West to
the Metra Railroad tracks on the East.
SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY.
(a) Local Coordinating Entity.--The Black Metropolis National
Heritage Area Commission shall be the local coordinating entity for the
Heritage Area.
(b) Authorities of Local Coordinating Entity.--The local
coordinating entity may, for purposes of preparing and implementing the
management plan, use Federal funds made available under this Act--
(1) to prepare reports, studies, interpretive exhibits and
programs, historic preservation projects, and other activities
recommended in the management plan for the Heritage Area;
(2) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(3) to enter into cooperative agreements with the State,
political subdivisions of the State, nonprofit organizations,
and other organizations;
(4) to hire and compensate staff;
(5) to obtain funds or services from any source, including
funds and services provided under any other Federal program or
law; and
(6) to contract for goods and services.
(c) Duties of Local Coordinating Entity.--To further the purposes
of the Heritage Area, the local coordinating entity shall--
(1) prepare a management plan for the Heritage Area in
accordance with section 5;
(2) give priority to the implementation of actions, goals,
and strategies set forth in the management plan, including
assisting units of government and other persons in--
(A) carrying out programs and projects that
recognize and protect important resource values in the
Heritage Area;
(B) encouraging economic viability in the Heritage
Area in accordance with the goals of the management
plan;
(C) establishing and maintaining interpretive
exhibits in the Heritage Area;
(D) developing heritage-based recreational and
educational opportunities for residents and visitors in
the Heritage Area;
(E) increasing public awareness of and appreciation
for the natural, historic, and cultural resources of
the Heritage Area;
(F) restoring historic buildings that are--
(i) located in the Heritage Area; and
(ii) related to the themes of the Heritage
Area; and
(G) installing throughout the Heritage Area clear,
consistent, and appropriate signs identifying public
access points and sites of interest;
(3) consider the interests of diverse units of government,
businesses, tourism officials, private property owners, and
nonprofit groups within the Heritage Area in developing and
implementing the management plan;
(4) conduct public meetings at least semiannually regarding
the development and implementation of the management plan; and
(5) for any fiscal year for which Federal funds are
received under this Act--
(A) submit to the Secretary an annual report that
describes--
(i) the accomplishments of the local
coordinating entity;
(ii) the expenses and income of the local
coordinating entity; and
(iii) the entities to which the local
coordinating entity made any grants;
(B) make available for audit all records relating
to the expenditure of the Federal funds and any
matching funds; and
(C) require, with respect to all agreements
authorizing the expenditure of Federal funds by other
organizations, that the receiving organizations make
available for audit all records relating to the
expenditure of the Federal funds.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date on which
funds are first made available to carry out this Act, the local
coordinating entity shall prepare and submit to the Secretary a
management plan for the Heritage Area.
(b) Contents.--The management plan for the Heritage Area shall--
(1) include comprehensive policies, strategies, and
recommendations for the conservation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State and local plans;
(3) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(4) include an inventory of the natural, historic,
cultural, educational, scenic, and recreational resources of
the Heritage Area relating to the themes of the Heritage Area
that should be preserved, restored, managed, developed, or
maintained; and
(5) include an analysis of, and recommendations for, ways
in which Federal, State, and local programs, may best be
coordinated to further the purposes of this Act, including
recommendations for the role of the National Park Service in
the Heritage Area.
(c) Disqualification From Funding.--If a proposed management plan
is not submitted to the Secretary by the date that is 3 years after the
date on which funds are first made available to carry out this Act, the
local coordinating entity may not receive additional funding under this
Act until the date on which the Secretary receives the proposed
management plan.
(d) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 180 days after the date on
which the local coordinating entity submits the management plan
to the Secretary, the Secretary shall approve or disapprove the
proposed management plan.
(2) Considerations.--In determining whether to approve or
disapprove the management plan, the Secretary shall consider
whether--
(A) the local coordinating entity is representative
of the diverse interests of the Heritage Area,
including governments, natural and historic resource
protection organizations, educational institutions,
businesses, and recreational organizations;
(B) the local coordinating entity has provided
adequate opportunities (including public meetings) for
public and governmental involvement in the preparation
of the management plan;
(C) the resource protection and interpretation
strategies contained in the management plan, if
implemented, would adequately protect the natural,
historic, and cultural resources of the Heritage Area;
and
(D) the management plan is supported by the
appropriate State and local officials, the cooperation
of which is needed to ensure the effective
implementation of the State and local aspects of the
management plan.
(3) Disapproval and revisions.--
(A) In general.--If the Secretary disapproves a
proposed management plan, the Secretary shall--
(i) advise the local coordinating entity,
in writing, of the reasons for the disapproval;
and
(ii) make recommendations for revision of
the proposed management plan.
(B) Approval or disapproval.--The Secretary shall
approve or disapprove a revised management plan not
later than 180 days after the date on which the revised
management plan is submitted.
(e) Approval of Amendments.--
(1) In general.--The Secretary shall review and approve or
disapprove substantial amendments to the management plan in
accordance with subsection (d).
(2) Funding.--Funds appropriated under this Act may not be
expended to implement any changes made by an amendment to the
management plan until the Secretary approves the amendment.
SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct activities that may have an impact on the Heritage
Area is encouraged to consult and coordinate the activities with the
Secretary and the local coordinating entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner (whether
public or private), including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner to permit public access
(including access by Federal, State, or local agencies) to the
property of the property owner, or to modify public access or
use of property of the property owner under any other Federal,
State, or local law;
(3) alters any duly adopted land use regulation, approved
land use plan, or other regulatory authority of any Federal,
State, or local agency, or conveys any land use or other
regulatory authority to the local coordinating entity;
(4) authorizes or implies the reservation or appropriation
of water or water rights;
(5) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property.
SEC. 8. EVALUATION; REPORT.
(a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
(1) assess the progress of the local coordinating entity
with respect to--
(A) accomplishing the purposes of this Act for the
Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage and
impact of the investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--
(1) In general.--Based on the evaluation conducted under
subsection (a)(1), the Secretary shall prepare a report that
includes recommendations for the future role of the National
Park Service, if any, with respect to the Heritage Area.
(2) Required analysis.--If the report prepared under
paragraph (1) recommends that Federal funding for the Heritage
Area be reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage
Area may be reduced or eliminated; and
(B) the appropriate time period necessary to
achieve the recommended reduction or elimination.
(3) Submission to congress.--On completion of the report,
the Secretary shall submit the report to--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 may be
authorized to be appropriated for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the cost of any
activity carried out using funds made available under this Act shall be
not more than 50 percent.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide financial assistance
under this Act terminates on the date that is 15 years after the date
of enactment of this Act. | Bronzeville-Black Metropolis National Heritage Area Act This bill establishes the Bronzeville-Black Metropolis National Heritage Area in Chicago, Illinois. The Black Metropolis National Heritage Area Commission shall be the local coordinating entity for the heritage area and shall submit a management plan for the heritage area. The authority of the Department of the Interior to provide financial assistance to the heritage area expires 15 years after the enactment of this bill. | {"src": "billsum_train", "title": "Bronzeville-Black Metropolis National Heritage Area Act"} | 2,845 | 93 | 0.57636 | 1.460978 | 0.5198 | 4.5 | 35.269231 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Choice for America's Seniors Act of
2006''.
SEC. 2. SIX-MONTH EXTENSION OF 2006 INITIAL ENROLLMENT PERIOD FOR
MEDICARE PRESCRIPTION DRUG PLANS AND MA PLANS.
(a) In General.--Section 1851(e)(3)(B)(iii) of the Social Security
Act (42 U.S.C. 1395w-21(e)(3)(B)(iii)) is amended by striking ``May 15,
2006'' and inserting ``November 14, 2006''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. SUSPENSION OF MEDICARE PRESCRIPTION DRUG LATE ENROLLMENT
PENALTY DURING 2006.
(a) In General.--Section 1860D-13(b)(3)(B) of the Social Security
Act (42 U.S.C. 1395w-113(b)(3)(B)) is amended by inserting ``(after
December 2006)'' after ``any month''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. CHANGES OF ENROLLMENT IN PRESCRIPTION DRUG PLANS AND MA PLANS
ALLOWED TWICE DURING YEAR.
(a) Additional Election Permitted Once Each Year Outside of Annual
Coordinated Election Period.--Section 1851(e)(4) of the Social Security
Act (42 U.S.C. 1395w-21(e)(4)) is amended by inserting ``once every
year, and in addition,'' after ``make a new election under this
section''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of the date of the enactment of this Act.
SEC. 5. LIMITATION ON REMOVAL OR CHANGE OF COVERED PART D DRUGS FROM
THE PRESCRIPTION DRUG PLAN FORMULARY; NOTICE OF CHANGES
IN COVERAGE.
(a) Limitation on Removal or Change of Covered Part D Drugs From
the Prescription Drug Plan Formulary.--Section 1860D-4(b)(3)(E) of the
Social Security Act (42 U.S.C. 1395w-104(b)(3)(E)) is amended to read
as follows:
``(E) Removing a drug from formulary or imposing a
restriction or limitation on coverage.--
``(i) Limitation on removal, limitation, or
restriction.--
``(I) In general.--Subject to
subclause (II) and clause (ii),
beginning with 2006, the PDP sponsor of
a prescription drug plan may not remove
a covered part D drug from the plan
formulary or impose a restriction or
limitation on the coverage of such a
drug (such as through the application
of a preferred status, usage
restriction, step therapy, prior
authorization, or quantity limitation)
other than at the beginning of each
plan year except as the Secretary may
permit to take into account new
therapeutic uses and newly covered part
D drugs.
``(II) Special rule for newly
enrolled individuals.--Subject to
clause (ii), in the case of an
individual who enrolls in a
prescription drug plan on or after the
date of enactment of this subparagraph,
the PDP sponsor of such plan may not
remove a covered part D drug from the
plan formulary or impose a restriction
or limitation on the coverage of such a
drug (such as through the application
of a preferred status, usage
restriction, step therapy, prior
authorization, or quantity limitation)
during the period beginning on the date
of such enrollment and ending on
December 31 of the immediately
succeeding plan year except as the
Secretary may permit to take into
account new therapeutic uses and newly
covered part D drugs.
``(ii) Exceptions to limitation on
removal.--Clause (i) shall not apply with
respect to a covered part D drug that--
``(I) is a brand name drug for
which there is a generic drug approved
under section 505(j) of the Food and
Drug Cosmetic Act (21 U.S.C. 355(j))
that is placed on the market during the
period in which there are limitations
on removal or change in the formulary
under subclause (I) or (II) of clause
(i) if such generic drug is included in
the formulary without any restriction
or limitation placed on the coverage of
such generic drug other than a
restriction or limitation that would be
placed on the coverage of the brand
name drug during such period without
the application of this clause;
``(II) is a brand name drug that
goes off-patent during such period;
``(III) is a drug for which the
Commissioner of Food and Drugs issues a
clinical warning that imposes a
restriction or limitation on the drug
during such period;
``(IV) is a drug that the
appropriate pharmacy and therapeutic
committee determines, based on evidence
from peer-reviewed medical research, to
be unsafe or ineffective during such
period; or
``(V) is any other drug that
satisfies any other requirement
determined appropriate by the
Secretary.
``(iii) Notice of removal under application
of exception to limitation.--Not later than 90
days before a PDP sponsor of a prescription
drug plan removes a covered part D drug from
the plan formulary (or restricts or limits such
coverage) under clause (ii), the sponsor shall
provide appropriate notice (such as under
subsection (a)(3)) of such removal (or
restriction or limitation) to the Secretary,
affected enrollees, physicians, pharmacies, and
pharmacists.''.
(a) Advance Notice Required for Change in Formulary and Other
Restrictions or Limitations on Coverage.--
(1) In general.--Section 1860D-4(a) of the Social Security
Act (42 U.S.C. 1395w-104(a)) is amended by adding at the end
the following new paragraph:
``(5) Annual notice of changes in formulary and other
restrictions or limitations on coverage.--Each PDP sponsor
offering a prescription drug plan shall furnish to each
enrollee 90 days before the time of each annual coordinated
election period (referred to in section 1860D-1(b)(1)(B)(iii))
for a plan year a notice of any changes in the formulary or
other restrictions or limitations on coverage of a covered part
D drug under the plan that will take effect for the plan
year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to annual coordinated election periods beginning
after the date of the enactment of this Act, except that if
this Act is enacted after September 15, 2006, and before
January 1, 2007, the notice required under such section shall
apply with respect to the annual coordinated election period
that begins on November 15, 2006, as of such date (as soon as
possible after such date of enactment) as the Secretary of
Health and Human Services shall specify. | Choice for America's Seniors Act of 2006 - Amends part C (Medicare+Choice) of title XVIII (Medicare) the Social Security Act (SSA) to provide for a six-month extension of the 2006 initial enrollment period for Medicare prescription drug plans and Medicare Advantage (MA) plans.
Amends SSA title XVIII part D (Voluntary Prescription Drug Benefit Program) to suspend the Medicare prescription drug late enrollment penalty during 2006.
Amends SSA title XVIII part C to allow changes of enrollment in Medicare prescription drug plans and MA plans twice during the year.
Amends title XVIII (Medicare) of the Social Security Act to prohibit removal of covered part D (Voluntary Prescription Drug Benefit Program) drugs from a prescription drug plan formulary, or imposition of a restriction or limitation on the coverage of such a drug, during the plan year: (1) except at the beginning; or (2) for an individual enrollee, from the date of enrollment until December 31 of the immediately succeeding plan year. Specifies exceptions to such prohibition.
Requires an advance notice before the time of each annual coordinated election period for a plan year of any changes in the formulary or other restrictions or limitations on coverage of a covered part D drug that will take effect for that plan year. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to extend the 2006 initial enrollment period for the Medicare prescription drug benefit by six months, to suspend the late enrollment penalty for such benefit during 2006, to permit Medicare beneficiaries to change enrollment in a prescription drug plan once a year, and to prevent changes in formularies other than at the time of open enrollment periods and only with advance notice."} | 1,689 | 292 | 0.638917 | 1.69134 | 0.639143 | 3.192623 | 5.67623 | 0.881148 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans Health
Care Act of 2008''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment or repeal to a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.
SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN
VETERANS.
Section 1720 is amended by adding at the end the following new
subsection:
``(g) The Secretary may contract with appropriate entities to
provide specialized residential care and rehabilitation services to a
veteran of Operation Enduring Freedom or Operation Iraqi Freedom who
the Secretary determines suffers from a traumatic brain injury, has an
accumulation of deficits in activities of daily living and instrumental
activities of daily living, and who, because of these deficits, would
otherwise require admission to a nursing home even though such care
would generally exceed the veteran's nursing needs.''.
SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.
Section 7411 is amended to read:
``The Secretary shall provide full-time board-certified physicians
and dentists appointed under section 7401(1) of this title the
opportunity to continue their professional education through VA
sponsored continuing education programs. The Secretary may reimburse
the physician or dentist up to $1,000 per year for continuing
professional education not available through VA sources.''.
SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.
(a) Section 1710(f)(1) is amended by adding ``(except if such care
constitutes hospice care)'' after ``nursing home care'';
(b) Section 1710(g)(1) is amended by adding ``(except if such care
constitutes hospice care)'' after ``medical services''.
SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.
Section 124 of the Veterans' Benefits and Services Act of 1988
(title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is
repealed.
SEC. 6. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical Records.--
Section 5701 is amended by adding at the end the following new
subsection:
``(l) Under regulations that the Secretary shall prescribe, the
Secretary may disclose the name or address, or both, of any individual
who is a present or former member of the Armed Forces, or who is a
dependent of a present or former member of the Armed Forces, to a third
party, as defined in section 1729(i)(3)(D) of this title, in order to
enable the Secretary to collect reasonable charges under section
1729(a)(2)(E) of this title for care or services provided for a non-
service-connected disability.''.
(b) Disclosures From Certain Medical Records.--Section 7332(b)(2)
is amended by adding at the end the following new subparagraph:
``(F) To a third party, as defined in section
1729(i)(3)(D) of this title, to collect reasonable
charges under section 1729(a)(2)(E) of this title for
care or services provided for a non-service-connected
disability.''.
SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.
Section 5317 is amended by striking subsection (g).
SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 2008, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code;
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title;
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title;
(4) New dic rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a) of such title;
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title;
(6) Additional dic for surviving spouses with minor
children.--The dollar amounts in effect under section 1311(b)
of such title;
(7) Additional dic for disability.--Each of the dollar
amounts in effect under subsections (c) and (d) of section 1311
of such title;
(8) Dic for dependent children.--Each of the dollar amounts
in effect under sections 1313(a) and 1314 of such title;
(c) Determination of Increase.--
(1) The increase under subsection (a) shall be made in the
dollar amounts specified in subsection (b) as in effect on
November 30, 2008.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage by
which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2008, as a result of a determination under section
215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
(e) Publication of Adjusted Rates.--At the same time as the matters
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 2009, the
Secretary of Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b), as increased pursuant to
subsection (a). | Veterans Health Care Act of 2008 - Authorizes the Secretary of Veterans Affairs to contract to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who suffers from a traumatic brain injury, has an accumulation of deficits in activities of daily living and instrumental activities of daily living and, because of these deficits, would otherwise require nursing home admission even though such care would generally exceed the veteran's nursing needs.
Directs the Secretary to provide full-time board-certified physicians and dentists the opportunity to continue their professional education through VA sponsored continuing education programs. Authorizes (currently, directs) the Secretary to reimburse such physicians or dentists up to $1,000 per year for continuing professional education not available through VA sources.
Exempts hospice care from requirements to pay a copayment in connection with hospital or nursing home care or medical services.
Repeals a provision that prohibits the Secretary from performing widespread human immunodeficiency virus (HIV) testing but does allow voluntary testing of certain individuals.
Authorizes the Secretary to disclose the name and address of present or former Armed Forces members and their dependents to collect charges for care or services provided for a non-service-connected disability.
Removes provisions ending, on September 30, 2008, the Secretary's authority to obtain information from the Secretary of the Treasury or the Commissioner of Social Security under specified provisions of the Internal Revenue Code.
Directs the Secretary to increase certain disability compensation and dependency and indemnity compensation amounts. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to improve veterans' health care benefits, and for other purposes."} | 1,548 | 323 | 0.668045 | 2.079341 | 0.776374 | 4.080986 | 4.566901 | 0.869718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Trade and Export Promotion
Utilization Program for American Small Businesses Act'' or the ``STEP
UP for American Small Businesses Act''.
SEC. 2. STATE TRADE AND EXPORT PROMOTION.
(a) In General.--Section 22 of the Small Business Act (15 U.S.C.
652) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) State Trade and Export Promotion Grant Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible small business concern'
means a business concern that--
``(i) is organized or incorporated in the
United States;
``(ii) is operating in the United States;
``(iii) meets--
``(I) the applicable industry-based
small business size standard
established under section 3; or
``(II) the alternate size standard
applicable to the program under section
7(a) of this Act and the loan programs
under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695
et seq.);
``(iv) has been in business for not less
than 1 year, as of the date on which assistance
using a grant under this subsection commences;
``(v) is export ready, as determined by the
Associate Administrator; and
``(vi) has access to sufficient resources
to bear the costs associated with exporting and
doing business with foreign purchasers,
including the costs of packing, shipping,
freight forwarding, and customs brokers;
``(B) the term `program' means the State Trade and
Export Promotion Grant Program established under
paragraph (2);
``(C) the term `rural small business concern' means
an eligible small business concern located in a rural
area, as that term is defined in section 1393(a)(2) of
the Internal Revenue Code of 1986;
``(D) the term `socially and economically
disadvantaged small business concern' has the meaning
given that term in section 8(a)(4)(A) of the Small
Business Act (15 U.S.C. 637(a)(4)(A)); and
``(E) the term `State' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa.
``(2) Establishment of program.--The Associate
Administrator shall establish a trade and export promotion
grant program, to be known as the `State Trade and Export
Promotion Grant Program', to make grants to States to carry out
export programs that assist eligible small business concerns
in--
``(A) participation in a foreign trade mission;
``(B) a foreign market sales trip;
``(C) a subscription to services provided by the
Department of Commerce;
``(D) the payment of website translation fees;
``(E) the design of international marketing media;
``(F) a trade show exhibition;
``(G) participation in training workshops;
``(H) a reverse trade mission;
``(I) procurement of foreign consultancy services
(after consultation with the Department of Commerce to
avoid duplication); or
``(J) any other export initiative determined
appropriate by the Associate Administrator.
``(3) Grants.--
``(A) Joint review.--In carrying out the program,
the Associate Administrator may make a grant to a State
to increase the number of eligible small business
concerns in the State that export and to increase the
value of the exports by eligible small business
concerns in the State.
``(B) Considerations.--In making grants under this
subsection, the Associate Administrator may give
priority to an application by a State that proposes an
export program that--
``(i) focuses on eligible small business
concerns as part of an export promotion
program;
``(ii) demonstrates intent to promote
exports by--
``(I) socially and economically
disadvantaged small business concerns;
``(II) small business concerns
owned or controlled by women; and
``(III) rural small business
concerns;
``(iii) promotes exports from a State that
is not 1 of the 10 States with the highest
percentage of exporters that are eligible small
business concerns, based upon the most recent
data available from the Department of Commerce;
and
``(iv) includes--
``(I) activities which have
resulted in the highest return on
investment based on the most recent
year; and
``(II) the adoption of shared best
practices included in the annual report
of the Administration.
``(C) Limitations.--
``(i) Single application.--A State may not
submit more than 1 application for a grant
under the program in any 1 fiscal year.
``(ii) Proportion of amounts.--The total
value of grants made under the program during a
fiscal year to the 10 States with the highest
percentage of exporters that are eligible small
business concerns, based upon the most recent
data available from the Department of Commerce,
shall be not more than 40 percent of the
amounts appropriated for the program for that
fiscal year.
``(iii) Duration.--The Associate
Administrator shall award a grant under this
program for a period of not more than 2 years.
``(D) Application.--
``(i) In general.--A State desiring a grant
under the program shall submit an application
at such time, in such manner, and accompanied
by such information as the Associate
Administrator may establish.
``(ii) Consultation to reduce
duplication.--A State desiring a grant under
the program shall--
``(I) before submitting an
application under clause (i), consult
with applicable trade agencies of the
Federal Government on the scope and
mission of the activities the State
proposes to carry out using the grant,
to ensure proper coordination and
reduce duplication in services; and
``(II) document the consultation
conducted under subclause (I) in the
application submitted under clause (i).
``(4) Competitive basis.--The Associate Administrator shall
award grants under the program on a competitive basis.
``(5) Federal share.--The Federal share of the cost of an
export program carried out using a grant under the program
shall be--
``(A) for a State that has a high export volume, as
determined by the Associate Administrator, not more
than 65 percent; and
``(B) for a State that does not have a high export
volume, as determined by the Associate Administrator,
not more than 75 percent.
``(6) Non-federal share.--The non-Federal share of the cost
of an export program carried out using a grant under the
program shall be comprised of not less than 50 percent cash and
not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or contributions may
be derived from funds from any other Federal program.
``(7) Reports.--
``(A) Initial report.--Not later than 120 days
after the date of enactment of this Act, the Associate
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report, which shall include--
``(i) a description of the structure of and
procedures for the program;
``(ii) a management plan for the program;
and
``(iii) a description of the merit-based
review process to be used in the program.
``(B) Annual reports.--
``(i) In general.--The Associate
Administrator shall publish on the website of
the Administration an annual report regarding
the program, which shall include--
``(I) the number and amount of
grants made under the program during
the preceding year;
``(II) a list of the States
receiving a grant under the program
during the preceding year, including
the activities being performed with
each grant;
``(III) the effect of each grant on
exports by eligible small business
concerns in the State receiving the
grant;
``(IV) the total return on
investment for each State; and
``(V) a description of best
practices by States that showed high
returns on investment and significant
progress in helping more eligible small
business concerns to export.
``(ii) Notice to congress.--On the date on
which the Associate Administrator publishes a
report under clause (i), the Associate
Administrator shall notify the Committee on
Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of
the House of Representatives that the report
has been published.
``(8) Reviews by inspector general.--
``(A) In general.--The Inspector General of the
Administration shall conduct a review of--
``(i) the extent to which recipients of
grants under the program are measuring the
performance of the activities being conducted
and the results of the measurements; and
``(ii) the overall management and
effectiveness of the program.
``(B) Reports.--
``(i) Pilot program.--Not later than 6
months after the date of enactment of the STEP
UP for American Small Businesses Act, the
Inspector General of the Administration shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report regarding the use of
amounts made available under the State Trade
and Export Promotion Grant Program under
section 1207 of the Small Business Jobs Act of
2010 (15 U.S.C. 649b note).
``(ii) New step program.--Not later than 18
months after the date on which the first grant
is awarded under this subsection, the Inspector
General of the Administration shall submit to
the Committee on Small Business and
Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report regarding the review
conducted under subparagraph (A).
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $30,000,000 for
each of fiscal years 2016 through 2020.''.
(b) Membership of Representatives of State Trade Promotion Agencies
on Trade Promotion Coordinating Committee.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
(1) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Representatives from state trade promotion
agencies.--
``(A) In general.--The TPCC shall also include 1 or
more members appointed by the President, after
consultation with associations representing State trade
promotion agencies, who are representatives of State
trade promotion agencies.
``(B) Term.--A member appointed under subparagraph
(A) shall be appointed for a term of 2 years.
``(C) Personnel matters.--
``(i) No compensation.--A member of the
TPCC appointed under subparagraph (A) shall
serve without compensation.
``(ii) Travel expenses.--A member of the
TPCC appointed under subparagraph (A) shall be
allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of
chapter 57 of title 5, United States Code,
while away from the homes or regular place of
business of the member in the performance of
services for the TPCC.
``(iii) Administrative assistance.--The
Secretary of Commerce, or the head of another
agency, as appropriate, shall make available to
a member of the TPCC appointed under
subparagraph (A) administrative services and
assistance, including a security clearance, as
the member may reasonably require to carry out
services for the TPCC.''; and
(2) in subsection (e), in the first sentence, by inserting
``(other than members described in subsection (d)(2))'' after
``Members of the TPCC''. | State Trade and Export Promotion Utilization Program for American Small Businesses Act or the STEP UP for American Small Businesses Act Amends the Small Business Act to direct the Associate Administrator for International Trade within the Small Business Administration to establish a State Trade and Export Promotion Grant Program. Authorizes the Associate Administrator to make competitive grants to states to carry out export promotion programs to increase: (1) the number of eligible small businesses that export (including rural small businesses and small businesses owned and controlled by women and socially and economically disadvantaged individuals), as well as (2) the value of their exports. Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee to include one or more members appointed by the President who are representatives of state trade promotion agencies. | {"src": "billsum_train", "title": "STEP UP for American Small Businesses Act"} | 2,682 | 157 | 0.57675 | 1.485686 | 0.753435 | 3.163265 | 17.421769 | 0.931973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DTV Delay Act''.
SEC. 2. POSTPONEMENT OF DTV TRANSITION DATE.
(a) In General.--Section 3002(b) of the Digital Television
Transition and Public Safety Act of 2005 (47 U.S.C. 309 note) is
amended--
(1) by striking ``February 18, 2009;'' in paragraph (1) and
inserting ``June 13, 2009;''; and
(2) by striking ``February 18, 2009,'' in paragraph (2) and
inserting ``that date''.
(b) Conforming Amendments.--
(1) Section 3008(a)(1) of that Act (47 U.S.C. 309 note) is
amended by striking ``February 17, 2009.'' and inserting ``June 12,
2009.''.
(2) Section 309(j)(14)(A) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)(A)) is amended by striking ``February 17, 2009.''
and inserting ``June 12, 2009.''.
(3) Section 337(e)(1) of the Communications Act of 1934 (47
U.S.C. 337(e)(1)) is amended by striking ``February 17, 2009.'' and
inserting ``June 12, 2009.''.
(c) License Terms.--
(1) Extension.--The Federal Communications Commission shall
extend the terms of the licenses for the recovered spectrum,
including the license period and construction requirements
associated with those licenses, for a 116-day period.
(2) Definition.--In this subsection, the term ``recovered
spectrum'' means--
(A) the recovered analog spectrum, as such term is defined
in section 309(j)(15)(C)(vi) of the Communications Act of 1934;
and
(B) the spectrum excluded from the definition of recovered
analog spectrum by subclauses (I) and (II) of such section.
SEC. 3. MODIFICATION OF DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
(a) Extension of Coupon Program.--Section 3005(c)(1)(A) of the
Digital Television Transition and Public Safety Act of 2005 (47 U.S.C.
309 note) is amended by striking ``March 31, 2009,'' and inserting
``July 31, 2009,''.
(b) Treatment of Expired Coupons.--Section 3005(c)(1) of the
Digital Television Transition and Public Safety Act of 2005 (47 U.S.C.
309 note) is amended by adding at the end the following:
``(D) Expired coupons.--The Assistant Secretary may issue
to a household, upon request by the household, one replacement
coupon for each coupon that was issued to such household and
that expired without being redeemed.''.
(c) Conforming Amendment.--Section 3005(c)(1)(A) of the Digital
Television Transition and Public Safety Act of 2005 (47 U.S.C. 309
note) is amended by striking ``receives, via the United States Postal
Service,'' and inserting ``redeems''.
(d) Condition of Modifications.--The amendments made by this
section shall not take effect until the enactment of additional budget
authority after the date of enactment of this Act to carry out the
analog-to-digital converter box program under section 3005 of the
Digital Television Transition and Public Safety Act of 2005.
SEC. 4. IMPLEMENTATION.
(a) Permissive Early Termination Under Existing Requirements.--
Nothing in this Act is intended to prevent a licensee of a television
broadcast station from terminating the broadcasting of such station's
analog television signal (and continuing to broadcast exclusively in
the digital television service) prior to the date established by law
under section 3002(b) of the Digital Television Transition and Public
Safety Act of 2005 for termination of all licenses for full-power
television stations in the analog television service (as amended by
section 2 of this Act) so long as such prior termination is conducted
in accordance with the Federal Communications Commission's requirements
in effect on the date of enactment of this Act, including the flexible
procedures established in the Matter of Third Periodic Review of the
Commission's Rules and Policies Affecting the Conversion to Digital
Television (FCC 07-228, MB Docket No. 07-91, released December 31,
2007).
(b) Public Safety Radio Services.--Nothing in this Act, or the
amendments made by this Act, shall prevent a public safety service
licensee from commencing operations consistent with the terms of its
license on spectrum recovered as a result of the voluntary cessation of
broadcasting in the analog or digital television service pursuant to
subsection (a). Any such public safety use shall be subject to the
relevant Federal Communications Commission rules and regulations in
effect on the date of enactment of this Act, including section 90.545
of the Commission's rules (47 C.F.R. Sec. 90.545).
(c) Expedited Rulemaking.--Notwithstanding any other provision of
law, the Federal Communications Commission and the National
Telecommunications and Information Administration shall, not later than
30 days after the date of enactment of this Act, each adopt or revise
its rules, regulations, or orders or take such other actions as may be
necessary or appropriate to implement the provisions, and carry out the
purposes, of this Act and the amendments made by this Act.
SEC. 5. EXTENSION OF COMMISSION AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``2011.'' and inserting ``2012.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | DTV Delay Act - Amends the Digital Television Transition and Public Safety Act of 2005 to delay the transition of television broadcasting from analog to digital to June 13, 2009. Requires the Federal Communications Commission (FCC) to extend for a 116-day period the licenses for recovered spectrum, including the license period and construction requirements associated with those licenses.
Extends to July 31, 2009, provided additional budget authority is enacted, the deadline for requesting digital-to-analog converter box coupons. Authorizes the issuance, on request, of one replacement coupon for each coupon that expired without being redeemed.
Declares that this Act does not prevent: (1) a station from ending analog broadcasting (and continuing to broadcast exclusively digitally) before June 13, 2009; or (2) a public safety service from beginning operations on spectrum recovered as a result of such voluntary cessation of analog or digital broadcasting.
Amends the Communications Act of 1934 to extend through September 30, 2012 (under current law, September 30, 2011), the authority of the FCC to grant a license or permit under provisions relating to competitive bidding. | {"src": "billsum_train", "title": "A bill to postpone the DTV transition date."} | 1,344 | 246 | 0.614174 | 1.581011 | 0.878935 | 2.935185 | 5.125 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating BDS Act of 2016''.
SEC. 2. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM
ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR
SANCTIONS ACTIVITIES TARGETING ISRAEL.
(a) Authority To Divest.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures that
meet the notice requirement of subsection (b) to divest the assets of
the State or local government from, or prohibit investment of the
assets of the State or local government in--
(1) an entity that the State or local government
determines, using credible information available to the public,
engages in a commerce-related or investment-related boycott,
divestment, or sanctions activity targeting Israel;
(2) a successor entity or subunit of an entity described in
paragraph (1); or
(3) an entity that owns or controls, is owned or controlled
by, or is under common ownership or control with, an entity
described in paragraph (1).
(b) Notice Requirement.--
(1) In general.--A State or local government shall provide
written notice to each entity to which a measure taken by the
State or local government under subsection (a) is to be applied
before applying the measure with respect to the entity.
(2) Rule of construction.--Paragraph (1) shall not be
construed to prohibit a State or local government from taking
additional steps to provide due process with respect to an
entity to which a measure is to be applied under subsection
(a).
(c) Nonpreemption.--A measure of a State or local government
authorized under subsection (a) is not preempted by any Federal law.
(d) Effective Date.--This section applies to any measure adopted by
a State or local government before, on, or after the date of the
enactment of this Act.
(e) Rule of Construction.--Nothing in this section shall be
construed to abridge the authority of a State to issue and enforce
rules governing the safety, soundness, and solvency of a financial
institution subject to its jurisdiction or the business of insurance
pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15
U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act'').
(f) Definitions.--In this section:
(1) Assets.--
(A) In general.--Except as provided in subparagraph
(B), the term ``assets'' means any pension, retirement,
annuity, or endowment fund, or similar instrument, that
is controlled by a State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(2) Boycott, divestment, or sanctions activity targeting
israel.--The term ``boycott, divestment, or sanctions activity
targeting Israel'' means any activity that is intended to
penalize, inflict economic harm on, or otherwise limit
commercial relations with Israel or persons doing business in
Israel or in Israeli-controlled territories for purposes of
coercing political action by, or imposing policy positions on,
the Government of Israel.
(3) Entity.--The term ``entity'' includes--
(A) any corporation, company, business association,
partnership, or trust; and
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))).
(4) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or
property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for
goods or services.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the United States Virgin Islands, and any
other territory or possession of the United States.
(6) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State and any
agency or instrumentality thereof; and
(C) any other governmental instrumentality of a
State or locality.
SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) engage in any boycott, divestment, or
sanctions activity targeting Israel described in
section 2 of the Combating BDS Act of 2016.''. | Combating BDS Act of 2016 This bill authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit investment of its assets in: (1) an entity that such government determines, using credible information available to the public, engages in a commerce or investment-related boycott, divestment, or sanctions activity targeting Israel; or (2) an entity that owns or controls, is owned or controlled by, or is under common ownership or control with, such an entity. Such government shall provide written notice to such an entity before applying such a measure. Such a measure by a state or local government is not preempted by any federal law. The bill applies to any measure adopted by a state or local government before, on, or after the date of this Act's enactment. The bill amends the Investment Company Act of 1940 to prohibit any person from bringing any civil, criminal, or administrative action against any registered investment company, or any officer or employee thereof, based solely upon such company divesting from, or avoiding investing in, securities issued by persons that such company determines, using credible information available to the public, engage in any commerce or investment-related boycotts, divestments, or sanctions activities targeting Israel. | {"src": "billsum_train", "title": "Combating BDS Act of 2016"} | 1,240 | 274 | 0.702689 | 2.288607 | 0.877251 | 5.082645 | 4.367769 | 0.867769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Controlled Substances
Transportation Act of 2017''.
SEC. 2. REGISTRATION FOR TRANSPORT OF CONTROLLED SUBSTANCES TO STATES
IN WHICH THE PRACTITIONER IS NOT REGISTERED UNDER THE
CONTROLLED SUBSTANCES ACT FOR THE PURPOSE OF
ADMINISTERING THE SUBSTANCES AT LOCATIONS OTHER THAN
PRINCIPAL PLACES OF BUSINESS OR PROFESSIONAL PRACTICE.
Section 303 of the Controlled Substances Act (21 U.S.C. 823) is
amended by adding at the end the following:
``(k) Registration for Transport of Controlled Substances to States
in Which the Practitioner Is Not Registered for the Purpose of
Administering the Substances at Locations Other Than Principal Places
of Business or Professional Practice.--
``(1) In general.--Upon application by a practitioner
(other than a pharmacy) who is registered under subsection (f),
the Attorney General shall issue a separate registration to the
practitioner authorizing the practitioner--
``(A) to transport one or more controlled
substances in schedule II, III, IV, or V from the
practitioner's registered location in a State to one or
more States in which the practitioner is not registered
under subsection (f) for the purpose of the
practitioner administering the substances at locations
other than a principal place of business or
professional practice; and
``(B) to so administer the substances.
``(2) Requirements.--For a practitioner to be authorized to
transport and administer controlled substances pursuant to a
registration issued under paragraph (1), all of the following
conditions must be satisfied:
``(A) The practitioner must be licensed,
registered, or otherwise permitted by the State in
which the controlled substances are administered to
carry out such activity at the location where it
occurs.
``(B) The practitioner must--
``(i) limit the time of transport and
administering of any controlled substance
pursuant to such registration to not more than
72 consecutive hours; and
``(ii) by the conclusion of such 72 hours,
return any such controlled substance so
transported but not administered to the
registered location from which such substance
was obtained.
``(C)(i) The practitioner must maintain records of
the transporting and administering of any controlled
substance pursuant to this subsection.
``(ii) Such records shall be maintained, in
accordance with the requirements of section 307(b), at
the practitioner's registered location from which the
controlled substances were obtained and shall include--
``(I) the location where the controlled
substance was administered; and
``(II) such other information as may be
required by regulation of the Attorney General
with respect to records for dispensers of
controlled substances.
``(iii) Notwithstanding clause (ii), the exception
in subsection 307(c)(1)(B) shall not apply to records
required by this subparagraph.
``(3) Grounds for denial or revocation.--The Attorney
General may deny an application for registration under this
subsection, or a renewal thereof, or revoke such registration,
based on the criteria listed in section 304(a), except that the
applicant shall not be required, as a condition of initially
obtaining such registration, to present proof of State
authorization to administer controlled substances.
``(4) Automatic termination.--A registration issued under
this subsection shall automatically terminate if the
practitioner no longer has an active registration under
subsection (f) due to revocation, suspension, surrender, or
other termination.
``(5) Definition.--In this subsection, the term `registered
location' means, with respect to each registration issued to a
practitioner under subsection (f), the address that appears on
the certificate of registration.''.
Passed the House of Representatives July 12, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Medical Controlled Substances Transportation Act of 2017 (Sec. 2) This bill amends the Controlled Substances Act to direct the Drug Enforcement Administration to register practitioners (other than pharmacies) to transport controlled substances to and administer controlled substances in other states. A registered practitioner must: be licensed, registered, or authorized to administer controlled substances in the other state; limit the duration of transport to 72 consecutive hours; and comply with recordkeeping requirements. | {"src": "billsum_train", "title": "Medical Controlled Substances Transportation Act of 2017"} | 876 | 96 | 0.590113 | 1.370636 | 1.164284 | 2.164706 | 9.188235 | 0.847059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drinking Water Protection Act''.
SEC. 2. AMENDMENT TO THE SAFE DRINKING WATER ACT.
(a) Amendment.--Part E of the Safe Drinking Water Act (42 U.S.C.
300j et seq.) is amended by adding at the end the following new
section:
``SEC. 1459. ALGAL TOXIN RISK ASSESSMENT AND MANAGEMENT.
``(a) Strategic Plan.--
``(1) Development.--Not later than 90 days after the date of
enactment of this section, the Administrator shall develop and
submit to Congress a strategic plan for assessing and managing
risks associated with algal toxins in drinking water provided by
public water systems. The strategic plan shall include steps and
timelines to--
``(A) evaluate the risk to human health from drinking water
provided by public water systems contaminated with algal
toxins;
``(B) establish, publish, and update a comprehensive list
of algal toxins which the Administrator determines may have an
adverse effect on human health when present in drinking water
provided by public water systems, taking into account likely
exposure levels;
``(C) summarize--
``(i) the known adverse human health effects of algal
toxins included on the list published under subparagraph
(B) when present in drinking water provided by public water
systems; and
``(ii) factors that cause toxin-producing cyanobacteria
and algae to proliferate and express toxins;
``(D) with respect to algal toxins included on the list
published under subparagraph (B), determine whether to--
``(i) publish health advisories pursuant to section
1412(b)(1)(F) for such algal toxins in drinking water
provided by public water systems;
``(ii) establish guidance regarding feasible analytical
methods to quantify the presence of algal toxins; and
``(iii) establish guidance regarding the frequency of
monitoring necessary to determine if such algal toxins are
present in drinking water provided by public water systems;
``(E) recommend feasible treatment options, including
procedures, equipment, and source water protection practices,
to mitigate any adverse public health effects of algal toxins
included on the list published under subparagraph (B); and
``(F) enter into cooperative agreements with, and provide
technical assistance to, affected States and public water
systems, as identified by the Administrator, for the purpose of
managing risks associated with algal toxins included on the
list published under subparagraph (B).
``(2) Updates.--The Administrator shall, as appropriate, update
and submit to Congress the strategic plan developed under paragraph
(1).
``(b) Information Coordination.--In carrying out this section the
Administrator shall--
``(1) identify gaps in the Agency's understanding of algal
toxins, including--
``(A) the human health effects of algal toxins included on
the list published under subsection (a)(1)(B); and
``(B) methods and means of testing and monitoring for the
presence of harmful algal toxins in source water of, or
drinking water provided by, public water systems;
``(2) as appropriate, consult with--
``(A) other Federal agencies that--
``(i) examine or analyze cyanobacteria or algal toxins;
or
``(ii) address public health concerns related to
harmful algal blooms;
``(B) States;
``(C) operators of public water systems;
``(D) multinational agencies;
``(E) foreign governments;
``(F) research and academic institutions; and
``(G) companies that provide relevant drinking water
treatment options; and
``(3) assemble and publish information from each Federal agency
that has--
``(A) examined or analyzed cyanobacteria or algal toxins;
or
``(B) addressed public health concerns related to harmful
algal blooms.
``(c) Use of Science.--The Administrator shall carry out this
section in accordance with the requirements described in section
1412(b)(3)(A), as applicable.
``(d) Feasible.--For purposes of this section, the term `feasible'
has the meaning given such term in section 1412(b)(4)(D).''.
(b) Report to Congress.--Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to Congress a report that includes--
(1) an inventory of funds--
(A) expended by the United States, for each of fiscal years
2010 through 2014, to examine or analyze toxin-producing
cyanobacteria and algae or address public health concerns
related to harmful algal blooms; and
(B) that includes the specific purpose for which the funds
were made available, the law under which the funds were
authorized, and the Federal agency that received or spent the
funds; and
(2) recommended steps to reduce any duplication, and improve
interagency coordination, of such expenditures.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on February 24, 2015. Drinking Water Protection Act (Sec. 2) This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency (EPA) to develop and submit to Congress a strategic plan for assessing and managing risks associated with algal toxins in drinking water provided by public water systems. Cyanobacteria, also known as blue-green algae, have the ability to produce cyanotoxins, or algal toxins. When certain conditions are favorable, algae can rapidly multiply causing blooms, or dense surface scums, that may be toxic. The plan must include steps and time lines to: evaluate the risk to human health from drinking water contaminated with algal toxins; establish, publish, and update a comprehensive list of algal toxins that may have an adverse effect on human health, taking into account likely exposure levels; summarize the known adverse human health effects of algal toxins and the factors that cause toxin-producing cyanobacteria and algae to grow rapidly and make toxins; determine whether to publish health advisories for algal toxins and establish guidance regarding feasible analytical methods to quantify the presence of algal toxins and guidance regarding the frequency of monitoring necessary to determine if the algal toxins are present; recommend feasible treatment options, including procedures, equipment, and source water protection practices; and enter into cooperative agreements with, and provide technical assistance to, affected states and public water systems to manage risks associated with algal toxins. The EPA must update and resubmit the plan as appropriate. The EPA must identify gaps in its understanding of algal toxins. It must also assemble and publish information from each agency that has examined or analyzed cyanobacteria or algal toxins or addressed public health concerns related to harmful algal blooms. The Government Accountability Office must submit to Congress an inventory of funds expended by the United States for each of FY2010 through 2014 to examine or analyze toxin-producing cyanobacteria and algae or address public health concerns related to harmful algal blooms. The inventory must include the specific purpose for which the funds were made available, the law under which the funds were authorized, and the agency that received or spent the funds. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act to provide for the assessment and management of the risk of algal toxins in drinking water, and for other purposes."} | 1,163 | 490 | 0.673617 | 2.087244 | 0.801213 | 4.263033 | 2.490521 | 0.845972 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inbox Privacy Act of 1999''.
SEC. 2. TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.
(a) Prohibition on Transmission to Persons Declining Receipt.--
(1) In general.--A person may not initiate the transmission
of unsolicited commercial electronic mail to another person if
such other person submits to the person a request that the
initiation of the transmission of such mail by the person to
such other person not occur.
(2) Form of request.--A request under paragraph (1) may
take any form appropriate to notify a person who initiates the
transmission of unsolicited commercial electronic mail of the
request, including an appropriate reply to a notice specified
in subsection (d)(2).
(3) Constructive authorization.--
(A) In general.--Subject to subparagraph (B), for
purposes of this subsection, a person who secures a
good or service from, or otherwise responds
electronically to an offer in a commercial electronic
mail message shall be deemed to have authorized the
initiation of transmissions of unsolicited commercial
electronic mail from the person who initiated
transmission of the message.
(B) No authorization for request for termination.--
A reply to a notice specified in subsection (d)(2)
shall not constitute authorization for the initiation
of transmissions of unsolicited commercial electronic
mail under this paragraph.
(b) Prohibition on Transmission to Domain Owners Declining
Receipt.--
(1) In general.--Except as provided in paragraph (2), a
person may not initiate the transmission of unsolicited
commercial electronic mail to any electronic mail addresses
served by a domain if the domain owner has elected not to
receive transmissions of such mail at the domain in accordance
with subsection (c).
(2) Exceptions.--The prohibition in paragraph (1) shall not
apply in the case of the following:
(A) A domain owner initiating transmissions of
commercial electronic mail to its own domain.
(B) Any customer of an Internet service provider or
interactive computer service provider included on a
list under subsection (c)(3)(C).
(c) Domain-wide opt-out system.--
(1) In general.--A domain owner may elect not to receive
transmissions of unsolicited commercial electronic mail at its
own domain.
(2) Notice of election.--A domain owner making an election
under this subsection shall--
(A) notify the Federal Trade Commission of the
election in such form and manner as the Commission
shall require for purposes of section 4(c); and
(B) if the domain owner is an Internet service
provider or interactive computer service provider,
notify the customers of its Internet service or
interactive computer service, as the case may be, in
such manner as the provider customarily employs for
notifying such customers of matters relating to such
service, of--
(i) the election; and
(ii) the authority of the customers to make
the election provided for under paragraph (3).
(3) Customer election to continue receipt of mail.--
(A) Election.--Any customer of an Internet service
provider or interactive computer service provider
receiving a notice under paragraph (2)(B) may elect to
continue to receive transmissions of unsolicited
commercial electronic mail through the domain covered
by the notice, notwithstanding the election of the
Internet service provider or interactive computer service provider
under paragraph (1) to which the notice applies.
(B) Transmittal of mail.--An Internet service
provider or interactive computer service provider may
not impose or collect any fee for the receipt of
unsolicited commercial electronic mail under this
paragraph (other than the usual and customary fee
imposed and collected for the receipt of commercial
electronic mail by its customers) or otherwise
discriminate against a customer for the receipt of such
mail under this paragraph.
(C) List of customers making election.--
(i) Requirement.--An Internet service
provider or interactive computer service
provider shall maintain a list of each of its
current customers who have made an election
under subparagraph (A).
(ii) Availability of list.--Each such
provider shall make such list available to the
public in such form and manner as the
Commission shall require for purposes of
section 4(c).
(iii) Prohibition on fee.--A provider may
not impose or collect any fee in connection
with any action taken under this subparagraph.
(d) Information To Be Included in All Transmissions.--A person
initiating the transmission of any unsolicited commercial electronic
mail message shall include in the body of such message the following
information:
(1) The name, physical address, electronic mail address,
and telephone number of the person.
(2) A clear and obvious notice that the person will cease
further transmissions of commercial electronic mail to the
recipient of the message at no cost to that recipient upon the
transmittal by that recipient to the person, at the electronic
mail address from which transmission of the message was
initiated, of an electronic mail message containing the word
``remove'' in the subject line.
(e) Routing Information.--A person initiating the transmission of
any commercial electronic mail message shall ensure that all Internet
routing information contained in or accompanying such message is
accurate, valid according to the prevailing standards for Internet
protocols, and accurately reflects the routing of such message.
SEC. 3. DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH SALE OF GOODS OR
SERVICES OVER THE INTERNET.
(a) Authority to Regulate.--
(1) In general.--The Federal Trade Commission may prescribe
rules for purposes of defining and prohibiting deceptive acts
or practices in connection with the promotion, advertisement,
offering for sale, or sale of goods or services on or by means
of the Internet.
(2) Commercial electronic mail.--The rules under paragraph
(1) may contain specific provisions addressing deceptive acts
or practices in the initiation, transmission, or receipt of
commercial electronic mail.
(3) Nature of violation.--The rules under paragraph (1)
shall treat any violation of such rules as a violation of a
rule under section 18 of the Federal Trade Commission Act (15
U.S.C. 57a), relating to unfair or deceptive acts or practices
affecting commerce.
(b) Prescription.--Section 553 of title 5, United States Code,
shall apply to the prescription of any rules under subsection (a).
SEC. 4. FEDERAL TRADE COMMISSION ACTIVITIES WITH RESPECT TO UNSOLICITED
COMMERCIAL ELECTRONIC MAIL.
(a) Investigation.--
(1) In general.--Subject to paragraph (2), upon notice of
an alleged violation of a provision of section 2, the Federal
Trade Commission may conduct an investigation in order to
determine whether or not the violation occurred.
(2) Limitation.--The Commission may not undertake an
investigation of an alleged violation under paragraph (1) more
than 2 years after the date of the alleged violation.
(3) Receipt of notices.--The Commission shall provide for
appropriate means of receiving notices under paragraph (1).
Such means shall include an Internet web page on the World Wide
Web that the Commission maintains for that purpose.
(b) Enforcement Powers.--If as a result of an investigation under
subsection (a) the Commission determines that a violation of a
provision of section 2 has occurred, the Commission shall have the
power to enforce such provision as if such violation were a violation
of a rule prescribed under section 18 of the Federal Trade Commission
Act (15 U.S.C. 57a), relating to unfair or deceptive acts or practices
affecting commerce.
(c) Information on Elections Under Domain-Wide Opt-Out System.--
(1) Initial site for information.--The Commission shall
establish and maintain an Internet web page on the World Wide
Web containing information sufficient to make known to the
public for purposes of section 2 the domain owners who have
made an election under subsection (c)(1) of that section and
the persons who have made an election under subsection (c)(3)
of that section.
(2) Alternative site.--The Commission may from time to time
select another means of making known to the public the
information specified in paragraph (1). Any such selection
shall be made in consultation with the members of the Internet
community.
(d) Assistance of Other Federal Agencies.--Other Federal
departments and agencies may, upon request of the Commission, assist
the Commission in carrying out activities under this section.
SEC. 5. ACTIONS BY STATES.
(a) In General.--Whenever the attorney general of a State has
reason to believe that the interests of the residents of the State have
been or are being threatened or adversely affected because any person
is engaging in a pattern or practice of the transmission of electronic
mail in violation of a provision of section 2, or of any rule
prescribed pursuant to section 3, the State, as parens patriae, may
bring a civil action on behalf of its residents to enjoin such
transmission, to enforce compliance with such provision or rule, to
obtain damages or other compensation on behalf of its residents, or to
obtain such further and other relief as the court considers
appropriate.
(b) Notice to Commission.--
(1) Notice.--The State shall serve prior written notice of
any civil action under this section on the Federal Trade
Commission and provide the Commission with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve written notice
immediately after instituting such action.
(2) Rights of commission.--On receiving a notice with
respect to a civil action under paragraph (1), the Commission
shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard in all matters
arising therein; and
(C) to file petitions for appeal.
(c) Actions by Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of a
provision of section 2, or of any rule prescribed pursuant to section
3, no State may, during the pendency of such action, institute a civil
action under this section against any defendant named in the complaint
in such action for violation of any provision or rule as alleged in the
complaint.
(d) Construction.--For purposes of bringing a civil action under
subsection (a), nothing in this section shall prevent an attorney
general from exercising the powers conferred on the attorney general by
the laws of the State concerned to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary or other evidence.
(e) Venue; Service of Process.--Any civil action brought under
subsection (a) in a district court of the United States may be brought
in the district in which the defendant is found, is an inhabitant, or
transacts business or wherever venue is proper under section 1391 of
title 28, United States Code. Process in such an action may be served
in any district in which the defendant is an inhabitant or in which the
defendant may be found.
(f) Definitions.--In this section:
(1) Attorney general.--The term ``attorney general'' means
the chief legal officer of a State.
(2) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Palau, and any possession of the United States.
SEC. 6. ACTIONS BY INTERNET SERVICE PROVIDERS AND INTERACTIVE COMPUTER
SERVICE PROVIDERS.
(a) Actions Authorized.--In addition to any other remedies
available under any other provision of law, any Internet service
provider or interactive computer service provider adversely affected by
a violation of section 2(b)(1) may, within 1 year after discovery of
the violation, bring a civil action in a district court of the United
States against a person who violates such section.
(b) Relief.--
(1) In general.--An action may be brought under subsection
(a) to enjoin a violation referred to in that subsection, to
enforce compliance with the provision referred to in that
subsection, to obtain damages as specified in paragraph (2), or
to obtain such further and other relief as the court considers
appropriate.
(2) Damages.--
(A) In general.--The amount of damages in an action
under this section for a violation specified in
subsection (a) may not exceed $50,000 per day in which
electronic mail constituting such violation was
received.
(B) Relationship to other damages.--Damages awarded
under this subsection for a violation under subsection
(a) are in addition to any other damages awardable for
the violation under any other provision of law.
(C) Cost and fees.--The court may, in issuing any
final order in any action brought under subsection (a),
award costs of suit, reasonable costs of obtaining
service of process, reasonable attorney fees, and
expert witness fees for the prevailing party.
(c) Venue; Service of Process.--Any civil action brought under
subsection (a) in a district court of the United States may be brought
in the district in which the defendant or in which the Internet service
provider or interactive computer service provider is located, is an
inhabitant, or transacts business or wherever venue is proper under
section 1391 of title 28, United States Code. Process in such an action
may be served in any district in which the defendant is an inhabitant
or in which the defendant may be found.
SEC. 7. PREEMPTION.
This Act preempts any State or local laws regarding the
transmission or receipt of commercial electronic mail.
SEC. 8. DEFINITIONS.
In this Act:
(1) Commercial electronic mail.--The term ``commercial
electronic mail'' means any electronic mail or similar message
whose primary purpose is to initiate a commercial transaction,
not including messages sent by persons to others with whom they
have a prior business relationship.
(2) Initiate the transmission.--
(A) In general.--The term ``initiate the
transmission'', in the case of an electronic mail
message, means to originate the electronic mail
message.
(B) Exclusion.--Such term does not include any
intervening action to relay, handle, or otherwise
retransmit an electronic mail message, unless such
action is carried out in intentional violation of a
provision of section 2.
(3) Interactive computer service provider.--The term
``interactive computer service provider'' means a provider of
an interactive computer service (as that term is defined in
section 230(e)(2) of the Communications Act of 1934 (47 U.S.C.
230(e)(2)).
(4) Internet.--The term ``Internet'' has the meaning given
that term in section 230(e)(1) of the Communications Act of
1934 (47 U.S.C. 230(e)(1)). | Inbox Privacy Act of 1999 - Prohibits a person from initiating the transmission of unsolicited commercial electronic mail (mail) to an individual who submits to such person a request that such mail not occur. Presumes constructive authorization of mail when the recipient secures a good or service from, or otherwise responds electronically to, an offer.
Prohibits the initiation of mail to any electronic mail address served by a domain if the domain owner has elected not to receive such mail at such domain, with exceptions. Provides requirements for domain owners electing not to receive such mail, including notification to the Federal Trade Commission (FTC) and the domain's customers (if such domain owner is an Internet service provider or interactive computer service provider). Requires the service provider to notify its customers of their individual authority to receive such mail, and provides for customer election to continue to receive such mail. Requires the service provider to maintain and make public a list of customers electing to receive such mail. Requires persons initiating transmission of mail to: (1) include certain identifying information; (2) agree to cease such transmission upon request; and (3) ensure the accuracy of all Internet routing information included in such transmission.
(Sec. 3) Authorizes the FTC to prescribe rules for defining and prohibiting deceptive acts or practices in connection the promotion, advertisement, offer for sale, or sale of goods or services on or by means of the Internet, with special provisions addressing such acts or practices in connection with such mail.
(Sec. 4) Authorizes the FTC to investigate and enforce regulations for violations of this Act. Requires the FCC to maintain an Internet web page concerning domain owners and customers who have made elections described above.
(Sec. 5) Authorizes a State to bring a civil action on behalf of its residents against persons transmitting such mail. Requires such State to notify the FTC of such action.
(Sec. 6) Authorizes Internet or interactive computer service providers to bring a civil action in U.S. district court for violations of this Act, with injunctive relief and damages.
(Sec. 7) Preempts State and local laws regarding the transmission or receipt of such mail. | {"src": "billsum_train", "title": "Inbox Privacy Act of 1999"} | 3,282 | 494 | 0.64577 | 2.027881 | 0.804947 | 3.014019 | 7.023364 | 0.878505 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate Preventable Waste Act''.
SEC. 2. REPORTS ON IMPROPER PAYMENTS.
(a) In General.--Notwithstanding the requirements of section
2(a)(2) of the Improper Payments Information Act of 2002 (31 U.S.C.
3321 note), not later than 90 days after the end of fiscal year 2014
and each fiscal year thereafter, the following agency heads shall
perform the review required under section 2(a)(1) of such Act for the
following programs, respectively:
(1) Commissioner of the Social Security Administration--
(A) the Supplemental Security Income program under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.); and
(B) the Old Age, Survivors, and Disability
Insurance program under title XVI of the Social
Security Act (42 U.S.C. 1381 et seq.).
(2) Secretary of Agriculture--
(A) the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et
seq.); and
(B) the school breakfast program under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
(3) Secretary of Labor; State unemployment compensation
programs approved by the Secretary of Labor under section 3304
of the Internal Revenue Code of 1986.
(4) Secretary of Health and Human Services--
(A) Medicare fee-for-service (parts A and B of
title XVIII of the Social Security Act (42 U.S.C. 1381
et seq.));
(B) Medicaid (title XIX of such Act), Medicare
Advantage (part C of title XVIII of such Act);
(C) Medicare prescription drug benefit (part D of
title XVIII of such Act); and
(D) the Child Care and Development Fund (section
5082 of subchapter C of Public Law 101-508).
(5) Secretary of the Treasury; the Earned Income Tax Credit
(section 32 of the Internal Revenue Code of 1986).
(6) Secretary of Veterans Affairs--
(A) payments under section 607 of the
Transportation, Treasury, and Independent Agencies
Appropriations Act, 2004 (division F of Public Law 108-
199); and
(B) payments to non-Department facilities (as
defined in section 1701(4) of title 38, United States
Code) under the following:
(i) section 1703 of such title (relating to
hospital care and medical services provided to
veterans in non-Department facilities);
(ii) section 1725 of such title (relating
to reimbursement to veterans for certain
emergency treatment in non-Department
facilities);
(iii) section 1728 of such title (relating
to reimbursement to veterans for certain
treatment in non-Department facilities);
(iv) section 8111 of such title (relating
to the sharing of Department of Veterans
Affairs and Department of Defense health-care
resources); and
(v) section 8153 of such title (relating to
the sharing of health-care resources).
(b) Budget Submission.--Each agency head shall include in the
applicable agency annual budget request to the Office of Management and
Budget a report on the review required under subsection (a).
(c) Sunset.--If a review under subsection (a) shows that the
improper payment rate for any listed program is less than or equal to
0.00034 percent, this section shall no longer apply with respect to
such program.
SEC. 3. AMENDMENT WITH RESPECT TO PRESIDENT'S BUDGET SUBMISSION.
(a) In General.--Section 1105(a) of title 31, United States Code,
is amended by--
(1) redesignating paragraph (37) (relating to the list of
outdated or duplicative plans and reports) as paragraph (39);
and
(2) by adding at the end the following:
``(40) any report submitted to the Office of Management and
Budget pursuant to section 2 of the Eliminate Preventable Waste
Act.''.
(b) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014.
SEC. 4. RESCISSION OF FUNDS.
(a) Reduction in Error Rates.--If any report submitted by an agency
head required under section 2, as included in President's budget under
section 1105(a) of title 31, United States Code (as amended by section
2 of this Act), does not show, with respect to the relevant program
listed in section 2(a), a decrease in the improper payment rate from
the fiscal year immediately preceding the fiscal year covered by the
report, a rescission under subsection (b) of certain funds made
available to the applicable agency shall apply.
(b) Rescission.--
(1) In general.--On the day that the President submits such
a budget, there is rescinded (if necessary) from the following
accounts a percentage of such account equal to the percentage
of the highest improper payment rate of the program listed in
the report submitted by the relevant agency pursuant to section
2 and included in such agency's budget:
(A) Department of Agriculture, ``Agricultural
Programs--Production, Process, and Marketing--Office of
the Secretary''.
(B) Department of Health and Human Services,
``Department of Health and Human Services--Office of
the Secretary''.
(C) Department of Labor, ``Department of Labor--
Departmental Management--Salaries and Expenses''.
(D) Department of the Treasury, ``Department of the
Treasury--Departmental Offices--Salaries and
Expenses''.
(E) Social Security Administration, ``Social
Security Administration--Limitation on Administrative
Expenses''.
(F) Department of Veterans Affairs, ``Department of
Veterans Affairs--Departmental Administration--General
Administration''.
(2) Proportionate application.--Any rescission made under
paragraph (1) shall be applied proportionately within each
listed account to each program, project, and activity (with
programs, projects, and activities as delineated in the
appropriation Act or accompanying reports for the applicable
fiscal year covering such account).
(c) Report to Congress.--For each fiscal year beginning in fiscal
year 2015, not later than the date on which President submits a budget
under section 1105(a) of title 31, United States Code, each agency head
listed in section 2(a) shall submit to Congress any report required by
section 2 of this Act.
(d) Effective Date.--This section shall take effect on October 1,
2014. | Eliminate Preventable Waste Act - Directs the Commissioner of the Social Security Administration (SSA), the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of the Treasury, and the Secretary of Veterans Affairs (VA) to: (1) conduct reviews of specified programs they administer to identify improper payments, and (2) report on such reviews in their budget submissions to the Office of Management and Budget (OMB) and to Congress. Requires such reports to OMB to be included in the President's annual budget submission to Congress. Requires a rescission of funds for such an agency if its report does not show a decrease in the improper payment rate from the preceding fiscal year for the relevant program. | {"src": "billsum_train", "title": "Eliminate Preventable Waste Act"} | 1,481 | 172 | 0.496248 | 1.449806 | 0.861464 | 2.376712 | 9.116438 | 0.869863 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Improving Oversight and
Accountability in Medicaid Non-DSH Supplemental Payments Act''.
SEC. 2. IMPROVING CALCULATION, OVERSIGHT, AND ACCOUNTABILITY OF NON-DSH
SUPPLEMENTAL PAYMENTS UNDER THE MEDICAID PROGRAM.
(a) Guidance for States on Non-DSH Supplemental Payments; State
Reporting and Auditing Requirements.--Section 1903 of the Social
Security Act (42 U.S.C. 1396b) is amended by adding at the end the
following new subsection:
``(aa)(1) Not later than 180 days after the date of the enactment
of this subsection, the Secretary shall--
``(A) issue guidance to States that identifies permissible
methods for calculation of non-DSH supplemental payments to
providers to ensure such payments are consistent with section
1902(a)(30)(A) (including any regulations issued under such
section such as the regulations specifying upper payment limits
under the State plan in part 447 of title 42, Code of Federal
Regulations (or any successor regulations));
``(B) establish annual reporting requirements for States
making non-DSH supplemental payments that include--
``(i) with respect to a provider that is a
hospital, nursing facility, intermediate care facility
for the mentally retarded, or an institution for mental
diseases, or any other institution, an identification
of each provider that received a non-DSH supplemental
payment for the preceding fiscal year, the type of
ownership or operating authority of each such provider,
and the aggregate amount of such payments received by
each provider for the preceding fiscal year broken out
by category of service;
``(ii) with respect a provider that is not
described in clause (i), any information specified in
the preceding paragraph, as determined appropriate by
the Secretary; and
``(iii) such other information as the Secretary
determines to be necessary to ensure that non-DSH
supplemental payments made to providers under this
section are consistent with section 1902(a)(30)(A); and
``(C) establish requirements for States making non-DSH
supplemental payments to conduct and submit to the Secretary an
annual independent certified audit that verifies--
``(i) the extent to which non-DSH supplemental
payments made in the preceding fiscal year are
consistent with the guidance issued under subparagraph
(A);
``(ii) that payments made under the State plan (or
under a waiver of the plan) are only for the provision
of covered services to eligible individuals under the
State plan (or under a waiver of the plan); and
``(iii) any other information the Secretary
determines is necessary to ensure non-DSH supplemental
payments are consistent with applicable Federal laws
and regulations.
``(2) For purposes of this subsection, the term `non-DSH
supplemental payment' means a payment, other than a payment under
section 1923, that--
``(A) is identified by the Secretary through guidance
described in paragraph (1)(A);
``(B) is made by a State to a provider under the State plan
(or under a waiver of the plan) for an item or service
furnished to an individual eligible for medical assistance
under the State plan (or under a waiver of the plan); and
``(C) is in addition to any base or standard payments made
to a provider under the State plan (or under a waiver of the
plan) for such an item or service, including any additional
payments made to such provider that are not more than any
limits imposed pursuant to section 1902(a)(30)(A) (including
the regulations specifying upper payment limits under the State
plan in part 447 of title 42, Code of Federal Regulations (or
any successor regulations)).''.
(b) State Reporting and Auditing of Non-DSH Supplemental
Payments.--Section 1903(i) of the Social Security Act (42 U.S.C.
1396b(i)) is amended--
(1) in paragraph (26), by striking ``or'' at the end;
(2) by redesignating paragraph (27) as paragraph (28); and
(3) by inserting after paragraph (26) the following new
paragraph:
``(27) with respect to amounts expended to make any non-DSH
supplemental payment (as defined in subsection (aa)(2)), unless
the State complies with the reporting and auditing requirements
under subparagraphs (B) and (C) of subsection (aa)(1); or''. | Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act This bill amends title XIX (Medicaid) of the Social Security Act to direct the Centers for Medicare & Medicaid Services to: (1) issue guidance to states that identifies permissible methods for calculating certain supplemental payments, excluding disproportionate-share payments, made by state Medicaid programs to providers; and (2) establish annual reporting and auditing requirements for states making such supplemental payments. Federal payment with respect to such supplemental payments shall be conditioned upon a state's compliance with these reporting and auditing requirements. | {"src": "billsum_train", "title": "Improving Oversight and Accountability in Medicaid Non-DSH Supplemental Payments Act"} | 1,038 | 152 | 0.61991 | 1.672377 | 0.720168 | 2.809524 | 8.790476 | 0.790476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)'';
and
(ii) by adding at the end the following:
``or
``(bb) a workplace claim described in
clause (iv) resulted from a labor or employment
violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien--
``(I) has filed, is a material witness in,
or is likely to be helpful in the investigation
of, a bona fide workplace claim (as defined in
section 274A(e)(10)(C)(iii)(II)); and
``(II) reasonably fears, has been
threatened with, or has been the victim of, an
action involving force, physical restraint,
retaliation, or abuse of the immigration or
other legal process against the alien or
another person by the employer in relation to
acts underlying the workplace claim or related
to the filing of the workplace claim; or''.
(b) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of law, the
Secretary of Homeland Security may permit an alien to temporarily
remain in the United States and grant the alien employment
authorization if the Secretary determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b)); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor;
(vii) the National Labor Relations Board; or
(viii) other Federal, State, or local authorities
investigating, prosecuting, or seeking civil remedies
related to the workplace claim.
(c) Conforming Amendments.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``30,000''; and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended
by inserting ``or an investigation or prosecution regarding a workplace
claim'' after ``prosecution''.
(e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F), by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
SEC. 3. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Department of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department in retaliation
against employees for exercising their rights related
to a workplace claim, the Department shall ensure
that--
``(i) any aliens arrested or detained who
are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Department--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), shall
be entitled to a stay of removal or an abeyance
of removal proceedings and to employment
authorization until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after exhaustion of
administrative appeals, whichever is later,
unless the Department establishes, by a
preponderance of the evidence in proceedings
before the immigration judge presiding over
that alien's removal hearing, that--
``(I) the alien has been convicted
of a felony; or
``(II) the workplace claim was
filed in bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative appeals, and shall be extended
by the Secretary of Homeland Security for a
period of not longer than 3 additional years
upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim to
pursue the claim to resolution;
``(II) the deterrent goals of any
statute underlying a workplace claim
would be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the violation of applicable
Federal, State, and local labor laws,
including laws concerning wages and
hours, labor relations, family and
medical leave, occupational health and
safety, civil rights, or
nondiscrimination.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to expand the nonimmigrant U-visa category (crime victims and their immediate family members) to include an alien who: has suffered substantial abuse or harm resulting from a workplace violation claim; is a victim of specified criminal activity or a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears, or has been the victim of, employer retaliation. An alien who is a material witness in a workplace claim and who has been helpful in a related law enforcement action may remain and work temporarily in the United States. In a Department of Homeland Security workplace enforcement action a detained alien: (1) who is necessary as a witness shall not be removed until the appropriate law enforcement agency is notified and has an opportunity to interview such individual, and (2) who is entitled to a stay or abeyance of removal shall not be removed. An alien in removal proceedings who is a witness in a workplace claim or who has filed for U-visa status shall be entitled to a stay or abeyance of removal and permitted to work until the claim's disposition unless the alien has been convicted of a felony or filed a bad faith claim. | {"src": "billsum_train", "title": "Protect Our Workers from Exploitation and Retaliation Act"} | 2,651 | 319 | 0.522455 | 1.546766 | 0.796666 | 2.842857 | 8.071429 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Rights Act of 2009''.
SEC. 2. PROHIBITION ON RESTRICTIONS ON THE PRACTICE OF MEDICINE AND
OTHER HEALTH CARE PROFESSIONS.
(a) In General.--Subject to subsection (b), no Federal funds shall
be used to permit any Federal officer or employee to exercise any
supervision or control over--
(1) the practice of medicine, the practice of other health
care professions, or the manner in which health care services
are provided;
(2) the provision, by a physician or a health care
practitioner, of advice to a patient about the patient's health
status or recommended treatment for a condition or disease;
(3) the selection, tenure, or compensation of any officer,
employee, or contractor of any institution, business, non-
Federal agency, or individual providing health care services;
or
(4) the administration or operation of any such
institution, business, non-Federal agency, or individual, with
respect to the provision of health care services to a patient.
(b) Preserving Certain Current Programs.--Subsection (a) shall not
prohibit the Federal government from operating, managing, supervising
employees of, or defining the scope of services provided by Federal
entities when directly providing health care services and products,
only with respect to the following:
(1) The Veterans Health Administration--
(A) in the case of directly providing health care
services through its own facilities and by its own
employees; or
(B) in the case of coordinating health care
services not described in subparagraph (A) and paid for
with Federal funds under programs operated by the
Veterans Health Administration.
(2) The Department of Defense--
(A) in the case of directly providing health care
services through military treatment facilities;
(B) in the case of paying for health care services
for active-duty members of the armed forces or members
of the reserve component when called to active duty;
(C) in the case of directly providing health care
services to the public in the event of emergency or
under other lawful circumstances; or
(D) when necessary to determine whether health care
services provided to those who are not active-duty
members of the Armed Forces are eligible for payment
with Federal funds or to coordinate health care
services for patients who are served by both non-
Federal entities and military treatment facilities.
(3) The United States Public Health Service--
(A) in the case of providing health care services
through its own facilities or by its officers or
civilian Federal employees;
(B) in the case of providing or paying for health
care services to active-duty members of uniformed
services or to reserve members of such services when
called to active duty; or
(C) when necessary to determine whether health care
services provided to those who are not active-duty
members of uniformed services are eligible for payment
with Federal funds or to coordinate health care
services for patients who are served by both non-
Federal entities and Public Health Service treatment
facilities
(4) The Indian Health Service--
(A) in the case of directly providing health care
services through its own facilities or Federal
employees; or
(B) in the case of providing care by non-Federal
entities, to the extent necessary to administer
contracts and grants pursuant to the Indian Health Care
Improvement Act;
(5) The National Institutes of Health--
(A) in the case of providing direct patient care
incident to medical research; or
(B) in the case of administering grants for medical
research, but in no case shall a non-Federal entity be
required or requested to waive the protections of
subsection (a) for health care services not incident to
medical research funded by the National Institutes of
Health as a condition of receiving research grant
funding from the National Institutes of Health.
(6) The Health Resources and Services Administration--
(A) in the case of certifying federally qualified
health centers, as defined by section 1905(l)(2)(B) of
the Social Security Act (42 U.S.C. 1396d(l)(2)(B)),
certifying FQHC look-alike status, as defined in
section 413.65(n) of title 45 of the Code of Federal
Regulations, or providing grants under section 330 of
the Public Health Service Act (42 U.S.C. 254b), but
only to the extent necessary to determine eligibility
for such certification and grant funding and the
appropriate amounts of such funding; or
(B) in the case of operating the nation's human
organ, bone marrow, and umbilical cord blood donation
and transplantation systems, as and to the extent
authorized by law and necessary for the operation of
those programs.
SEC. 3. RIGHT TO CONTRACT FOR HEALTH CARE SERVICES AND HEALTH
INSURANCE.
(a) Receipt of Health Services.--No Federal funds shall be used by
any Federal officer or employee to prohibit any individual from
receiving health care services from any provider of health care
services--
(1) under terms and conditions mutually acceptable to the
patient and the provider; or
(2) under terms and conditions mutually acceptable to the
patient, the provider, and any group health plan or health
insurance issuer that is obligated to provide health insurance
coverage to the patient or any other entity indemnifying the
patient's consumption of health care services;
provided that any such agreement shall be subject to the requirements
of section 1802(b) of the Social Security Act (42 U.S.C. 1395a(b)), as
amended by section 6.
(b) Health Insurance Coverage.--No Federal funds shall be used by
any Federal officer or employee to prohibit any person from entering
into a contract with any group health plan, health insurance issuer, or
other business, for the provision of, or payment to other parties for,
health care services to be determined and provided subsequent to the
effective date of the contract, according to terms, conditions, and
procedures specified in such contract.
(c) Eligibility for Federal Benefits.--No person's eligibility for
benefits under any program operated by or funded wholly or partly by
the Federal Government shall be adversely affected as a result of
having received services in a manner described by subsection (a) or
having entered into a contract described in subsection (b).
(d) Federal Program Participation.--No provider of health care
services--
(1) shall be denied participation in a Federal program for
which it would otherwise be eligible as a result of having
provided services in a manner described in subsection (a); or
(2) shall be denied payment for services otherwise eligible
for payment under a Federal program as a result of having
provided services in a manner described in subsection (a),
except to the extent required by subsection (a)(1).
SEC. 4. PROHIBITION ON MANDATING STATE RESTRICTIONS.
(a) In General.--No Federal funds shall be used by any Federal
officer or employee to induce or encourage any State or other
jurisdiction of the United States to enact any restriction or
prohibition prohibited to the Federal Government by this Act.
(b) Protecting State Eligibility for Federal Funds.--No State's
eligibility for participation in any program operated by or funded
wholly or partly by the Federal Government, or for receiving funds from
the Federal Government shall be conditioned on that State enacting any
restriction or prohibition prohibited to the Federal Government by this
Act, nor adversely affected by that State's failure to enact any
restriction or prohibition prohibited to the Federal Government by this
Act.
SEC. 5. CLARIFICATION.
Nothing in this Act shall be construed to permit the expenditure of
funds otherwise prohibited by law.
SEC. 6. CONFORMING AMENDMENT.
Section 1802(b)(3) of the Social Security Act (42 U.S.C.
1395(2)(B)) is hereby repealed.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Health care services.--The term ``health care
services'' means any lawful service intended to diagnose, cure,
prevent, or mitigate the adverse effects of any disease,
injury, infirmity, or physical or mental disability, including
the provision of any lawful product the use of which is so
intended.
(2) Physician.--The term ``physician'' means--
(A) a doctor of medicine or osteopathy legally
authorized to practice medicine and surgery by the
State in which he performs such practice and surgery;
(B) a doctor of dental surgery or of dental
medicine who is legally authorized to practice
dentistry by the State in which he performs such
function and who is acting within the scope of his
license when he performs such functions;
(C) a doctor of podiatric medicine but only with
respect to functions which he is legally authorized to
perform as such by the State in which he performs them;
(D) a doctor of optometry with respect to the
provision of items or services which he is legally
authorized to perform as a doctor of optometry by the
State in which he performs them; or
(E) a chiropractor who is licensed as such by the
State (or in a State which does not license
chiropractors as such, is legally authorized to perform
the services of a chiropractor in the jurisdiction in
which he performs such services), but only with respect
to treatment which he is legally authorized to perform
by the State or jurisdiction in which such treatment is
provided.
(3) Practice of medicine.--The term ``practice of
medicine'' means--
(A) health care services that are performed by
physicians; and
(B) services and supplies furnished as an incident
to a physician's professional service.
(4) Health care practitioner.--The term ``health care
practitioner'' means a physician assistant, registered nurse,
nurse practitioner, psychologist, clinical social worker,
midwife, or other individual (other than a physician) licensed
or legally authorized to perform health care services in the
State in which the individual performs such services.
(5) Practice of other health care professions.--The term
``practice of other health care professions'' means--
(A) health care services performed by a health care
practitioner; and
(B) services and supplies furnished as an incident
to a health care practitioner's professional service.
(6) Group health plan.--The term ``group health plan'' has
the meaning given such term in section 733(a)(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1191b(a)(1)).
(7) Health insurance issuer.--The term ``health insurance
issuer'' has the meaning given such term in section 733(b)(2)
of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1191b(b)(2)).
(8) Business.--The term ``business'' means any sole
proprietorship, partnership, for-profit corporation, or not-
for-profit corporation.
(9) State.--The term ``State'' means any of the United
States, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the United States Virgin Islands,
Guam, American Samoa, or the District of Columbia.
SEC. 8. EFFECTIVE DATE.
The provisions of this Act shall apply to Federal entities,
including employees and officials of such entities, beginning on
January 1, 2009. | Medical Rights Act of 2009 - Prohibits federal funds from being used to permit any federal officer or employee to exercise any supervision or control over: (1) the practice of medicine, the practice of other health care professions, or the manner in which health care services are provided; (2) the provision by a physician or a health care practitioner of advice to a patient about the patient's health status or recommended treatment for a condition or disease; (3) the selection, tenure, or compensation of any officer, employee, or contractor of any institution, business, nonfederal agency, or individual providing health care services; or (4) the administration or operation of any such institution, business, nonfederal agency, or individual with respect to the provision of health care services to a patient. Sets forth exceptions for the Veterans Health Administration, the Department of Defense (DOD), the United States Public Health Service, the Indian Health Service, the National Institutes of Health (NIH), and the Health Resources and Services Administration.
Prohibits federal funds from being used by any federal officer or employee to prohibit: (1) any individual from receiving health care services from any provider under terms and conditions mutually acceptable to the patient, the provider, and the patient's group health plan; or (2) any person from entering into a contract with any group health plan, health insurance issuer, or other business for the provision of, or payment to other parties for, health care services.
Sets forth provisions to prohibit specified actions to avoid the prohibitions under this Act.
Repeals Medicare provisions restricting private contracts between beneficiaries and physicians or practitioners. | {"src": "billsum_train", "title": "To guarantee the rights of patients and doctors against Federal restrictions or delay in the provision of privately-funded health care."} | 2,463 | 337 | 0.660024 | 1.948815 | 0.740903 | 6.553125 | 7.19375 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Efficiency Act of
2006''.
SEC. 2. NO INFERENCE.
Nothing contained in this Act or the amendments made by this Act
shall be construed to create any inference with respect to the
determination of who is an employee or employer--
(1) for Federal tax purposes (other than the purposes set
forth in the amendments made by section 3), or
(2) for purposes of any other provision of law.
SEC. 3. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
(a) Employment Taxes.--Chapter 25 of the Internal Revenue Code of
1986 (relating to general provisions relating to employment taxes) is
amended by adding at the end the following new section:
``SEC. 3511. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
``(a) General Rules.--For purposes of the taxes, and other
obligations, imposed by this subtitle--
``(1) a certified professional employer organization shall
be treated as the employer (and no other person shall be
treated as the employer) of any work site employee performing
services for any customer of such organization, but only with
respect to remuneration remitted by such organization to such
work site employee, and
``(2) the exemptions and exclusions which would (but for
paragraph (1)) apply shall apply with respect to such taxes
imposed on such remuneration.
``(b) Successor Employer Status.--For purposes of sections 3121(a)
and 3306(b)(1)--
``(1) a certified professional employer organization
entering into a service contract with a customer with respect
to a work site employee shall be treated as a successor
employer and the customer shall be treated as a predecessor
employer during the term of such service contract, and
``(2) a customer whose service contract with a certified
professional employer organization is terminated with respect
to a work site employee shall be treated as a successor
employer and the certified professional employer organization
shall be treated as a predecessor employer.
``(c) Liability With Respect to Work Site Employees.--
``(1) General rules.--Solely for purposes of its liability
for the taxes, and other obligations, imposed by this
subtitle--
``(A) the certified professional employer
organization shall be treated as the employer of any
individual (other than a work site employee or a person
described in subsection (e)) who is performing services
covered by a contract meeting the requirements of
section 7705(e)(2), but only with respect to
remuneration remitted by such organization to such
individual, and
``(B) the exemptions and exclusions which would
(but for subparagraph (A)) apply shall apply with
respect to such taxes imposed on such remuneration.
``(d) Special Rule for Related Party.--Subsection (a) shall not
apply in the case of a customer which bears a relationship to a
certified professional employer organization described in section
267(b) or 707(b). For purposes of the preceding sentence, such sections
shall be applied by substituting `10 percent' for `50 percent'.
``(e) Special Rule for Certain Individuals.--For purposes of the
taxes imposed under this subtitle, an individual with net earnings from
self-employment derived from the customer's trade or business
(including a partner in a partnership that is a customer) is not a work
site employee with respect to remuneration paid by a certified
professional employer organization.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Certified Professional Employer Organization Defined.--Chapter
79 of such Code (relating to definitions) is amended by adding at the
end the following new section:
``SEC. 7705. CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.
``(a) In General.--For purposes of this title, the term `certified
professional employer organization' means a person who applies to be
treated as a certified professional employer organization for purposes
of section 3511 and who has been certified by the Secretary as meeting
the requirements of subsection (b).
``(b) Certification.--A person meets the requirements of this
subsection if such person--
``(1) demonstrates that such person (and any owner,
officer, and such other persons as may be specified in
regulations) meets such requirements as the Secretary shall
establish with respect to tax status, background, experience,
business location, and annual financial audits,
``(2) represents that it will satisfy the bond and
independent financial review requirements of subsections (c) on
an ongoing basis,
``(3) represents that it will satisfy such reporting
obligations as may be imposed by the Secretary,
``(4) computes its taxable income using an accrual method
of accounting unless the Secretary approves another method,
``(5) agrees to verify the continuing accuracy of
representations and information which was previously provided
on such periodic basis as the Secretary may prescribe, and
``(6) agrees to notify the Secretary in writing of any
change that materially affects the continuing accuracy of any
representation or information which was previously made or
provided.
``(c) Requirements.--
``(1) In general.--An organization meets the requirements
of this paragraph if such organization--
``(A) meets the bond requirements of paragraph (2),
and
``(B) meets the independent financial review
requirements of paragraph (3).
``(2) Bond.--
``(A) In general.--A certified professional
employer organization meets the requirements of this
paragraph if the organization has posted a bond for the
payment of taxes under subtitle C (in a form acceptable
to the Secretary) in an amount at least equal to the
amount specified in subparagraph (B).
``(B) Amount of bond.--For the period April 1 of
any calendar year through March 31 of the following
calendar year, the amount of the bond required is equal
to the greater of--
``(i) 5 percent of the organization's
liability under section 3511 for taxes imposed
by subtitle C during the preceding calendar
year (but not to exceed $1,000,000), or
``(ii) $50,000.
``(3) Independent financial review requirements.--A
certified professional employer organization meets the
requirements of this paragraph if such organization--
``(A) has, as of the most recent audit date, caused
to be prepared and provided to the Secretary (in such
manner as the Secretary may prescribe) an opinion of an
independent certified public accountant as to whether
the certified professional employer organization's
financial statements are presented fairly in accordance
with generally accepted accounting principles, and
``(B) provides, not later than the last day of the
second month beginning after the end of each calendar
quarter, to the Secretary from an independent certified
public accountant an assertion regarding Federal
employment tax payments and an examination level
attestation on such assertion.
Such assertion shall state that the organization has withheld
and made deposits of all taxes imposed by chapters 21, 22, and
24 of the Internal Revenue Code in accordance with regulations
imposed by the Secretary for such calendar quarter and such
examination level attestation shall state that such assertion
is fairly stated, in all material respects.
``(4) Controlled group rules.--For purposes of the
requirements of paragraphs (2) and (3), all professional
employer organizations that are members of a controlled group
within the meaning of sections 414(b) and (c) shall be treated
as a single organization.
``(5) Failure to file assertion and attestation.--If the
certified professional employer organization fails to file the
assertion and attestation required by paragraph (3) with
respect to any calendar quarter, then the requirements of
paragraph (3) with respect to such failure shall be treated as
not satisfied for the period beginning on the due date for such
attestation.
``(6) Audit date.--For purposes of paragraph (3)(A), the
audit date shall be six months after the completion of the
organization's fiscal year.
``(d) Suspension and Revocation Authority.--The Secretary may
suspend or revoke a certification of any person under subsection (b)
for purposes of section 3511 if the Secretary determines that such
person is not satisfying the representations or requirements of
subsections (b) or (c), or fails to satisfy applicable accounting,
reporting, payment, or deposit requirements.
``(e) Work Site Employee.--For purposes of this title--
``(1) In general.--The term `work site employee' means,
with respect to a certified professional employer organization,
an individual who--
``(A) performs services for a customer pursuant to
a contract which is between such customer and the
certified professional employer organization and which
meets the requirements of paragraph (2), and
``(B) performs services at a work site meeting the
requirements of paragraph (3).
``(2) Service contract requirements.--A contract meets the
requirements of this paragraph with respect to an individual
performing services for a customer if such contract is in
writing and provides that the certified professional employer
organization shall--
``(A) assume responsibility for payment of wages to
the individual, without regard to the receipt or
adequacy of payment from the customer for such
services,
``(B) assume responsibility for reporting,
withholding, and paying any applicable taxes under
subtitle C, with respect to the individual's wages,
without regard to the receipt or adequacy of payment
from the customer for such services,
``(C) assume responsibility for any employee
benefits which the service contract may require the
certified professional employer organization to
provide, without regard to the receipt or adequacy of
payment from the customer for such services,
``(D) assume responsibility for hiring, firing, and
recruiting workers in addition to the customer's
responsibility for hiring, firing and recruiting
workers,
``(E) maintain employee records relating to the
individual, and
``(F) agree to be treated as a certified
professional employer organization for purposes of
section 3511 with respect to such individual.
``(3) Work site coverage requirement.--The requirements of
this paragraph are met with respect to an individual if at
least 85 percent of the individuals performing services for the
customer at the work site where such individual performs
services are subject to 1 or more contracts with the certified
professional employer organization which meet the requirements
of paragraph (2) (but not taking into account those individuals
who are excluded employees within the meaning of section
414(q)(5)).
``(f) Determination of Employment Status.--Except to the extent
necessary for purposes of section 3511, nothing in this section shall
be construed to affect the determination of who is an employee or
employer for purposes of this title.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(c) Conforming Amendments.--
(1) Section 45B of such Code (relating to credit for
portion of employer social security taxes paid with respect to
employees with cash tips) is amended by adding at the end the
following new subsection:
``(e) Certified Professional Employer Organizations.--For purposes
of this section, in the case of a certified professional employer
organization which is treated under section 3511 as the employer of a
work site employee who is a tipped employee--
``(1) the credit determined under this section shall not
apply to such organization but to the customer of such
organization with respect to which the work site employee
performs services, and
``(2) the customer shall take into account any remuneration
and taxes remitted by the certified professional employer
organization.''.
(2) Section 3302 of such Code is amended by adding at the
end the following new subsection:
``(h) Treatment of Certified Professional Employer Organizations.--
If a certified professional employer organization (as defined in
section 7705), or a client of such organization, makes a payment to the
State's unemployment fund with respect to a work site employee, such
organization shall be eligible for the credits available under this
section with respect to such payment.''.
(3) Section 3303(a) of such Code is amended--
(A) by striking the period at the end of paragraph
(3) and inserting ``; and'' and by inserting after
paragraph (3) the following new paragraph:
``(4) a certified professional employer organization (as
defined in section 7705) is permitted to collect and remit, in
accordance with paragraphs (1), (2), and (3), contributions
during the taxable year to the State unemployment fund with
respect to a work site employee.'', and
(B) in the last sentence--
(i) by striking ``paragraphs (1), (2), and
(3)'' and inserting ``paragraphs (1), (2), (3),
and (4)'', and
(ii) by striking ``paragraph (1), (2), or
(3)'' and inserting ``paragraph (1), (2), (3),
or (4)''.
(4) Section 6053(c) of such Code (relating to reporting of
tips) is amended by adding at the end the following new
paragraph:
``(8) Certified professional employer organizations.--For
purposes of any report required by this section, in the case of
a certified professional employer organization that is treated
under section 3511 as the employer of a work site employee, the
customer with respect to whom a work site employee performs
services shall be the employer for purposes of reporting under
this section and the certified professional employer
organization shall furnish to the customer any information
necessary to complete such reporting no later than such time as
the Secretary shall prescribe.''.
(d) Clerical Amendments.--
(1) The table of sections for chapter 25 of such Code is
amended by adding at the end the following new item:
``Sec. 3511. Certified professional employer organizations.''.
(2) The table of sections for chapter 79 of such Code is
amended by inserting after the item relating to section 7704
the following new item:
``Sec. 7705. Certified professional employer organizations.''.
(e) Reporting Requirements and Obligations.--The Secretary of the
Treasury shall develop such reporting and recordkeeping rules,
regulations, and procedures as the Secretary determines necessary or
appropriate to ensure compliance with the amendments made by this Act
with respect to entities applying for certification as certified
professional employer organizations or entities that have been so
certified. Such rules shall be designed in a manner which streamlines,
to the extent possible, the application of requirements of such
amendments, the exchange of information between a certified
professional employer organization and its customers, and the reporting
and recordkeeping obligations of the certified professional employer
organization.
(f) User Fees.--Subsection (b) of section 7528 of such Code
(relating to Internal Revenue Service user fees) is amended by adding
at the end the following new paragraph:
``(4) Certified professional employer organizations.--The
fee charged under the program in connection with the
certification by the Secretary of a professional employer
organization under section 7705 shall not exceed $500.''.
(g) Effective Dates.--
(1) In general.--The amendments made by this Act shall take
effect on the January 1st of the first calendar year beginning
more than 12 months after the date of the enactment of this
Act.
(2) Certification program.--The Secretary of the Treasury
shall establish the certification program described in section
7705(b) of the Internal Revenue Code of 1986 not later than 6
months before the effective date determined under paragraph
(1). | Small Business Efficiency Act of 2006 - Amends the Internal Revenue Code to treat professional employer organizations (PEOs), certified by the Internal Revenue Service (IRS), as employers for employment tax purposes (thus allowing such PEOs to pay wages and collect and remit payroll taxes on behalf of an employer).
Sets forth IRS certification requirements for PEOs, including financial review and reporting requirements. Requires a PEO to post a bond (the greater of $50,000 or 5% of the organization's tax liability for the preceding calendar year not to exceed $1,000,000) to guarantee payment of employment taxes. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the employment tax treatment and reporting of wages paid by professional employer organizations."} | 3,426 | 133 | 0.451309 | 1.186241 | 0.649372 | 1.973684 | 28.824561 | 0.833333 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California Forest
Ecosystems Health Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Ecosystem management plans for National Forest System lands in
California.
Sec. 5. Process for full implementation of ecosystem management plans.
Sec. 6. Research and monitoring program.
Sec. 7. Miscellaneous requirements.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Although people have had an active part in the
development and maintenance of forest structure and the
condition of the National Forest System lands in the State of
California for many years, recent forest management policies
have often resulted in a degeneration of the forest structure
and a loss of forest health and vigor.
(2) The Forest Service, through the judicious use of
ecosystem management, has an opportunity to reverse these
forest management policies and restore the health and vigor of
National Forest System lands in California.
(3) Ecosystems are dynamic and in a state of constant
change, and it is not possible to preserve a given ecosystem
condition in a static state over a period of time.
(4) The many and varied resources and uses of National
Forest System lands provide both tangible and intangible
benefits to the people of the United States.
(5) Although management of National Forest System lands in
California has traditionally placed first priority on the need
to produce maximum volumes of timber, the other multiple forest
resources and services are equally important to the people of
California and the United States.
(6) Ecosystem management must balance the needs of outdoor
recreation, range, timber, watershed, fish, and wildlife, as
required by the Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 528 et seq.), as well as protect soil and air quality
and provide for forest research.
(7) National Forest System lands in California include some
of the most unique forest ecosystems in the world, including
giant sequoias, coastal redwoods, and bristlecone pines.
(8) Destructive forest fires classified by the Forest
Service as ``intense'' have occurred in unprecedented numbers
and size on the National Forest System lands in California in
recent years, and these fires pose a threat to the very health
of the forests and present a danger to human life and property.
(9) The Forest Service, through the judicious use of
ecosystem management, has an opportunity to reduce the
likelihood that fires classified as ``intense'' will occur with
such frequency and, at the same time, to improve forest vigor
and visitor safety.
(10) Ecosystem management that considers the needs of all
species and their ability to interact with the presence of
humans can integrate both the conservation needs of the many
species of the ecosystems and the multiple use activities of
humans.
(11) Identification of sound management options is both a
biological issue and a social issue, and the resulting
management policies must be socially acceptable, ecologically
sustainable, scientifically sound, legally responsible, and
economically viable.
(12) The results of management practices in local
ecosystems can have a profound effect on the levels of demand
for commodity outputs from other ecosystems around the world.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Adaptive management.--The term ``adaptive management''
means the experimental and monitored application of
scientifically derived management decisions to gain knowledge
that is then used to improve subsequent management decisions.
(2) Ecosystem.--The term ``ecosystem'' means a community of
organisms and its environment that functions as a unit.
(3) Ecosystem management.--The term ``ecosystem
management'' means the integration of ecological, economic, and
social factors to meet the biological needs of all associated
organisms and human needs through diverse, healthy, and
productive ecosystems, addressing resource supply,
conservation, and demand as opposed to a strategy for managing
individual species.
(4) Ecosystem management plans.--The terms ``ecosystem
management plans'' and ``plans'' mean the ecosystem management
plans for National Forest System lands in the State of
California required to be developed by section 4(a).
(5) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(6) Seral stages.--The term ``seral stages'' means the
various age or life stages of a vegetative community as it
progresses from initial establishment toward a climax stage or
equilibrium.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(8) Stand.--The term ``stand'' means an area within a
forest where the trees have similar characteristics with
respect to species composition, size, condition, and age.
(9) Vigor.--The term ``vigor'', with respect to forest
ecosystems, means the relative health of stands of trees and
related vegetation, including their actual growth rates as
compared with potential growth rates and their ability to
protect themselves naturally from forest pests, diseases, and
the effects of natural disaster.
SEC. 4. ECOSYSTEM MANAGEMENT PLANS FOR NATIONAL FOREST SYSTEM LANDS IN
CALIFORNIA.
(a) Plans Required.--Notwithstanding the planning provisions of
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604), the Secretary of Agriculture shall develop
and implement ecosystem management plans pursuant to this Act to
develop and demonstrate ecosystem management, including adaptive
management techniques, for National Forest System lands described in
subsection (b).
(b) Federal Lands Covered by Plans.--The ecosystem management plans
required by subsection (a) shall apply to all management units of the
National Forest System located in the State of California. In the case
of National Forest System lands in California that have been designated
by law for special management before the date of the enactment of this
Act, the Secretary shall incorporate into the ecosystem management
plans applicable to those lands any statutory provisions that are in
effect on such date and applicable to those lands.
(c) Principles of Plans.--Ecosystem management plans shall embody
the following principles:
(1) Application of management techniques that will enhance
the health and vigor of the renewable natural resources on the
National Forest System lands covered by the plans and provide
for the continued protection of the soil, air, and water
resources of these lands.
(2) Improvement of the forest ecosystems on these lands
toward desired forest conditions that--
(A) provide a mosaic of forest seral stages--
(i) representing a range of wildlife
habitats necessary to meet the needs of the
species indigenous to the ecosystem being
managed; and
(ii) designed in such a way as to obviate
the need for corridors or special management
areas to meet the needs of given species or
situations;
(B) minimize the danger of stand-destroying
uncontrolled wildfire;
(C) increase or maintain the health and vigor of
stands at a level that will permit the stands to resist
naturally, to the greatest degree practicable, insect
and disease attacks and the effects of other natural
disasters while incorporating the concern that some
level of dead-wood, both standing and down, is
desirable in healthy ecosystems;
(D) maintain the sustainable economic well-being
and stability of communities in areas dependent upon
national forest resources; and
(E) are developed, to the extent possible, with
consideration of the conditions that are known to have
existed on these lands or on similar lands before the
impacts of European settlement.
(3) Concentration of management activities on the condition
of the renewable resources of an ecosystem rather than on
producing targeted outputs, with projected outputs based upon
attainment of specific stand conditions.
(4) Emphasis on tangible management results rather than on
procedural standards and guidelines, but with development of
scientifically credible monitoring standards and guidelines to
assess both short- and long-term management results.
(5) Except for any statutory provisions incorporated under
subsection (b) with respect to specific lands, prohibition on
requiring the allocation or categorization of tracts of land
for specific preselected ecosystem management emphases.
(6) Consideration of the habitat needs of all species
across a broad landscape using management indicator species
whose presence will reflect a suitable amount and distribution
of particular habitat elements, rather than concentrating on
the needs of single species in a limited area.
(7) Application across the entire unreserved land base in
such a manner as to harmonize the various multiple uses.
(8) Incorporation of maximum flexibility in resource
decisionmaking through the use of adaptive management.
(d) Management to Promote Desired Forest Conditions.--
(1) In general.--Ecosystem management under the ecosystem
management plans shall be planned and practiced in a manner
that--
(A) considers the entire landscape in a management
unit of the National Forest System covered by a plan;
and
(B) benefits, to the extent practicable, all
renewable resources and the human resource in or
dependent upon the management unit.
(2) Individual projects.--Individual management projects in
a management unit of the National Forest System covered by the
ecosystem management plans shall be designed to provide
multiresource benefits, promote the desired forest conditions
described in subsection (c)(2), and achieve maximum project
operating efficiency.
(e) Selection of Acres for Ecosystem Management Activities.--
(1) Minimum acres.--Ecosystem management plans shall
specify the minimum number of acres on which ecosystem
management activities will be applied annually in any
management unit of the National Forest System covered by the
plans. Such acreage shall be determined on the basis of the
total number of acres in the management unit, the work to be
performed across the unit as a whole during the plan period,
and the pro rata annual acreage on which ecosystem management
activities must be applied in order to establish and maintain
the desired forest condition during the specified plan period.
(2) Effect of natural disasters.--In case of natural
disasters, such as wildfire, flood, windthrow, insect or
disease attack, a revision of the schedule of acres to be
treated may be granted by the Secretary in order to conduct
restoration and rehabilitation activities on the acres affected
by the natural disaster.
(f) Participation in Development.--To ensure that the ecosystem
management plans are economically, scientifically, and socially
acceptable, the Secretary shall develop the plans through the use of
public involvement programs that emphasize input from residents of
local communities to be affected by the plans. The Secretary shall
continue to consult with all interested persons in evaluating or
modifying the plans.
SEC. 5. PROCESS FOR FULL IMPLEMENTATION OF ECOSYSTEM MANAGEMENT PLANS.
(a) Implementation.--Beginning not later than January 1, 1995, the
Secretary shall begin to implement the ecosystem management plans. The
Secretary shall develop and implement the plans progressively over a
five-year period to ensure full application of all plans not later than
January 1, 2000, to all National Forest System lands described in
section 4(b). Upon implementation of an ecosystem management plan for
any portion of the lands described in such section, the plan shall
replace and supersede any land and resource management plan (or portion
of such a plan) then in effect for such lands.
(b) Yearly Expansion.--During each year of the period specified in
subsection (a), the Secretary shall expand application of the ecosystem
management plans to contiguous areas required to be covered by such
plans, as described in section 4(b). To the extent the Secretary
considers it to be necessary, the Secretary may modify the ecosystem
management plans for each new addition in order to incorporate the
lessons gained from experience. Adaptive management shall be used to
evaluate management decisions and to develop new information to be used
to keep the plans and subsequent management decisions up-to-date.
(c) Modification of Ecosystem Management Plans.--The Secretary
shall modify the ecosystem management plans to incorporate findings
from research, adaptive management projects, or monitoring to the
extent such findings indicate changes in the plans are necessary or
appropriate to achieve the principles described in section 4(c). Before
the end of the first two years of the period specified in subsection
(a), the Secretary shall issue regulations that set forth the process
to be used for any modification of the ecosystem management plans.
(d) Consistency.--Resource plans and permits and other instruments
for the use and occupancy of National Forest System lands covered by an
ecosystem management plan that are executed subsequent to the
implementation date of the plan with respect to such lands shall be
consistent with the plan. If the ecosystem management plan is modified,
resource plans and permits and other instruments that are executed
subsequent to the date of the modification shall be consistent with the
modified plan. Appropriate supplemental documents under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be
prepared for those resource plans and permits, contracts, and other
instruments in existence upon adoption of the ecosystem management plan
or any modification of the plan. Any revisions in existing resource
plans and permits, contracts, and other instruments shall be consistent
with the supplemental document findings and subject to the agreement of
all contractual parties. Any revision in present or future permits,
contracts, and other instruments made pursuant to this subsection shall
be subject to valid existing rights.
SEC. 6. RESEARCH AND MONITORING PROGRAM.
The Secretary shall describe in detail in the ecosystem management
plans and implement as part of the plans a targeted program of research
and monitoring aimed at measuring the effects of the management regimes
adopted under the plans. The Secretary shall ensure that monitoring is
sufficient to measure the responses of the various resources to
management practices and to provide a basis for adjustments of
subsequent management decisions.
SEC. 7. MISCELLANEOUS REQUIREMENTS.
(a) Increased Use of Certified Professional Practitioners.--With
respect to National Forest System lands covered by the ecosystem
management plans, the Secretary shall endeavor to increase the amount
of field work to be done by professional practitioners certified by the
Forest Service.
(b) Accountability Procedures.--The Secretary shall develop
accountability procedures to annually measure and inform the Congress
concerning the work (as described in section 4(e)) achieved through the
use of funds appropriated each year for National Forest System lands
covered by the ecosystem management plans. The selection of acres upon
which such work will be performed shall be controlled through the
planning process. The accountability procedures required by this
subsection shall be established and in operation before the end of the
first two years of the period specified in section 5(a) and shall be
designed to ensure the accomplishment of the work in accordance with
plan direction.
(c) Budgetary Considerations.--The Secretary shall develop budgets
for each management unit of the National Forest System covered by
ecosystem management plans on the basis of estimated benefits to the
various resources affected by the ecosystem management activities, and
such budgets will be justified on such basis. The Secretary shall
provide the managers of these units the flexibility to accomplish over-
all objectives within over-all budgets in lieu of requiring and
preparing detailed line-item budgets for each unit of work, except that
accountability procedures developed under subsection (b) shall include
requirements for detailed explanations of expenditures and estimates of
benefits for each resource. | California Forest Ecosystems Health Act - Directs the Secretary of Agriculture to develop and implement ecosystem management plans for National Forest System lands in California. | {"src": "billsum_train", "title": "California Forest Ecosystems Health Act"} | 3,379 | 32 | 0.528387 | 1.244907 | 0.528873 | 3.807692 | 122.307692 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seed Availability and Competition
Act of 2009''.
SEC. 2. RETAINING PATENTED SEED.
(a) Registration.--Any person who plants patented seed or seed
derived from patented seed may retain seed from the harvest of the
planted seed for replanting by that person if that person--
(1) submits to the Secretary of Agriculture notice, in such
form as the Secretary may require, of the type and quantity of
seed to be retained and any other information the Secretary
determines to be appropriate; and
(2) pays the fee established by the Secretary pursuant to
subsection (b) for the type and quantity of seed retained.
(b) Fees.--The Secretary of Agriculture shall establish a fee to be
paid by a person pursuant to subsection (a)(2) based on the type and
quantity of seed retained. The Secretary shall deposit amounts
collected pursuant to subsection (a)(2) in the Patented Seed Fund
established under subsection (e)(1).
(c) Refunds.--The Secretary of Agriculture may refund or make an
adjustment of the fee paid pursuant to subsection (a)(2) when the
person is unable to plant or harvest the retained seed as a result of a
natural disaster or related condition and under such other
circumstances as the Secretary considers such refund or adjustment
appropriate.
(d) Distributions.--The Secretary of Agriculture shall pay the
collected fees to the appropriate patent holders, at a frequency that
the Secretary determines is appropriate, from the Patented Seed Fund
established under subsection (e)(1), taking into consideration the
possibility of refunds pursuant to subsection (c).
(e) Patented Seed Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Patented Seed
Fund'', consisting of such amounts as may be received by the
Secretary and deposited into such Fund as provided in this
section.
(2) Administration.--The Fund shall be administered by the
Secretary of Agriculture and all moneys in the Fund shall be
distributed solely by the Secretary in accordance with this
section and shall not be distributed or appropriated for any
other purpose. Amounts in the Fund are available without
further appropriation and until expended to make payments to
patent holders.
(f) Inapplicability of Contracts and Patent Fees.--A person who
retains seed under subsection (a) from the harvest of patented seed or
seed derived from patented seed shall not be bound by any contractual
limitation on retaining such seed, or by any requirement to pay
royalties or licensing or other fees, by reason of the patent, for
retaining such seed.
(g) Definition.--In this section, the term ``patented seed'' means
seed for which a person holds a valid patent.
SEC. 3. TARIFF ON CERTAIN IMPORTED PRODUCTS.
(a) Tariff.--In any case in which--
(1) genetically modified seed on which royalties or
licensing or other fees are charged by the owner of a patent on
such seed to persons purchasing the seed in the United States
is exported, and
(2) no such fees, or a lesser amount of such fees, are
charged to purchasers of the exported seed in a foreign
country,
then there shall be imposed on any product of the exported seed from
that foreign country that enters the customs territory of the United
States a duty determined by the Secretary of the Treasury, in addition
to any duty that otherwise applies, in an amount that recovers the
difference between the fees paid by purchasers of the seed in the
United States and purchasers of the exported seed in that country.
(b) Deposit of Duties.--There shall be deposited in the Patented
Seed Fund established under section 2(e)(1) the amount of all duties
collected under subsection (a) for distribution to the appropriate
patent holders in accordance with section 2(d).
(c) Definitions.--In this section--
(1) the term ``genetically modified seed'' means any seed
that contains a genetically modified material, was produced
with a genetically modified material, or is descended from a
seed that contained a genetically modified material or was
produced with a genetically modified material; and
(2) the term ``genetically modified material'' means
material that has been altered at the molecular or cellular
level by means that are not possible under natural conditions
or processes (including recombinant DNA and RNA techniques,
cell fusion, microencapsulation, macroencapsulation, gene
deletion and doubling, introducing a foreign gene, and changing
the positions of genes), other than a means consisting
exclusively of breeding, conjugation, fermentation,
hybridization, in vitro fertilization, tissue culture, or
mutagenesis. | Seed Availability and Competition Act of 2009 - Permits a person who plants patented seed or seed derived from patented seed to retain harvested seed for replanting by such person if that person: (1) notifies the Secretary of Agriculture of the type and quantity of seed to be retained; and (2) pays the appropriate fee established by the Secretary.
Establishes the Patented Seed Fund in the Treasury into which such fees shall be deposited and from which the Secretary shall pay appropriate fees to patent holders.
Imposes an additional duty on the imported product of exported genetically modified seed on which royalties or other fees are charged by the patent owner to purchasers of the seed in the United States and on which no fees or lesser fees are charged to purchasers of the exported seed in a foreign country. Requires that such duties be deposited in the Fund for distribution to the appropriate patent holders. | {"src": "billsum_train", "title": "To require persons who seek to retain seed harvested from the planting of patented seeds to register with the Secretary of Agriculture and pay fees set by the Secretary for retaining such seed, and for other purposes."} | 1,062 | 192 | 0.69817 | 1.908122 | 0.798577 | 3.636905 | 5.636905 | 0.946429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Performance Review
and Sunset Act''.
SEC. 2. SUNSET COMMISSION TO REVIEW AND MAXIMIZE THE PERFORMANCE OF ALL
FEDERAL AGENCIES AND PROGRAMS.
(a) Schedule for Review of Agencies and Programs.--The President
may submit to Congress a schedule for reviewing the performance of, and
need for, executive branch agencies and programs at least once every 10
years. In considering the schedule, Congress shall follow the expedited
review procedures set forth in section 3.
(b) Sunset of Executive Branch Agencies and Programs.--Each
executive branch agency and program shall--
(1) be reviewed by the Sunset Commission according to the
schedule enacted in a joint resolution described in section
3(a); and
(2) except as provided in subsection (h), be abolished two
years after the date that the President submits to Congress the
report required pursuant to subsection (i) covering the agency
or program, unless the agency or program is reauthorized by law
after such submission or the two-year period is extended for an
additional two years by law.
(c) Establishment of Commission.--There is hereby established a
commission to be known as the ``Sunset Commission''.
(d) Membership, Powers, and Other Matters.--
(1) Membership.--
(A) In general.--The Sunset Commission shall be
comprised of seven members, who shall be appointed
within 180 days after the date of enactment of this
Act.
(B) Appointments.--The President shall appoint the
seven members of the Sunset Commission, as follows:
(i) One in consultation with the majority
leader of the Senate.
(ii) One in consultation with the minority
leader of the Senate.
(ii) One in consultation with the Speaker
of the House of Representatives.
(iv) One in consultation with the minority
leader of the House of Representatives.
(v) Three other members.
(C) Chair and vice chair.--The President shall
designate one member of the Sunset Commission to serve
as Chair and one member as Vice Chair.
(D) Length of service.--The members of the Sunset
Commission shall serve at the pleasure of the
President. Each member shall serve for a term not to
exceed three years, unless reappointed by the
President.
(E) Vacancies.--Any vacancy on the Commission shall
be filled in the manner in which the original
appointment was made.
(2) Powers relating to obtaining information from federal
agencies.--
(A) In general.--The Sunset Commission is
authorized to secure directly from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
United States Government, information, suggestions,
estimates, and statistics for purposes of carrying out
its duties. Each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request
made by the chair or any other member designated by a
majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall be received, handled,
stored, and disseminated only by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(3) Public hearings and meetings.--
(A) Public hearings.--The Sunset Commission shall
hold public hearings and meetings to the extent
appropriate. Any such public sessions shall be
conducted in a manner consistent with the protection of
information provided to or developed for or by the
Commission as required by any applicable statute,
regulation, or Executive Order.
(B) Nonapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Sunset Commission.
(4) Internal procedures.--
(A) Meetings.--The Sunset Commission shall meet
periodically at the call of the Chair. Such meetings
may include public sessions as described in paragraph
(3)(A).
(B) Quorum.--Four members of the Sunset Commission
shall constitute a quorum but a lesser number may hold
hearings.
(5) Personnel matters.--
(A) Travel expenses.--The members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(B) Director.--The Chair of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate a Director for the
Commission. The Director shall be paid at a rate not to
exceed the Level II of the Executive Schedule.
(C) Staff.--The Director may appoint and fix the
compensation of additional personnel without regard to
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the Director and other personnel
may not exceed Level II of the Executive Schedule.
(D) Applicability of certain civil service laws.--
The Director and any staff of the Commission shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(E) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or
privilege.
(F) Procurement of temporary and intermittent
services.--The chair of the Commission may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of
the annual rate of basic pay prescribed for Level II of
the Executive Schedule under section 5316 of such
title.
(6) Other administrative matters.--
(A) Postal and printing services.--The Sunset
Commission may use the United States mails and obtain
printing and binding services in the same manner and
under the same conditions as other departments and
agencies of the United States.
(B) Administrative support services.--Upon the
request of the Sunset Commission, the Administrator of
General Services shall provide to the Sunset
Commission, on a reimbursable basis, the administrative
support services necessary for the Sunset Commission to
carry out its duties.
(C) Authorization of appropriations.--Such sums as
may be necessary are authorized to be appropriated for
the purposes of carrying out the duties the Commission.
Such funds shall remain available until expended.
(7) Sunset of commission.--The Sunset Commission shall
terminate on December 31, 2026, unless reauthorized by law.
(e) Review of Efficiency and Need for Executive Branch Agencies and
Programs.--
(1) In general.--The Sunset Commission shall review
agencies and programs in accordance with the criteria described
in subsection (f). The Sunset Commission shall consider
recommendations made by the President to the Commission for
improving the performance of the agencies or programs being
considered.
(2) Use of evaluations and assessments.--In its
deliberations, the Sunset Commission may consider any publicly
available agency or program evaluations and assessments,
including those that the Office of Management and Budget has
undertaken in consultation with the affected agencies of the
Federal Government. Such Office of Management and Budget
assessments shall evaluate the purpose, design, strategic plan,
management, and results of the program, and such other matters
as the Director of the Office of Management and Budget
considers appropriate, as well as make recommendations to
improve the efficiency and effectiveness of the assessed
programs.
(3) Report to the president.--The Sunset Commission shall
submit to the President not later than August 1 of each year a
report containing
(A) its assessment of each agency and program
reviewed during the preceding 12 months pursuant to the
schedule for review (if any) approved by a joint
resolution described in section 3(a); and
(B) its recommendations on how to improve the
results that each agency and program achieves and
whether to abolish any agency or program.
(4) Legislation.--The Sunset Commission shall submit to the
President with its report any legislation needed to carry out
its recommendations.
(5) Proposals to abolish agencies or programs.--Prior to
recommending the abolition of any agency or program, the Sunset
Commission should, as it considers appropriate:
(A) conduct public hearings on the merits of
retaining the agency or program;
(B) provide an opportunity for public comment on
the option of abolishing the agency or program;
(C) offer the affected agency an opportunity to
comment and to provide information supporting its
views;
(D) review the assessments described in paragraph
(2) of this Act; and
(E) consult with the Government Accountability
Office, the relevant Inspectors General, and the
relevant committees of Congress.
(f) Criteria for Review.--The Sunset Commission shall use the
following criteria to evaluate each agency or program:
(1) Whether the agency or program as carried out by the
agency is cost-effective and achieves its stated purpose or
goals.
(2) The extent to which any trends, developments, or
emerging conditions affect the need to change the mission of
the agency or program or the way that the mission is being
carried out by the agency.
(3) The extent to which the agency or program duplicates or
conflicts with other Federal agencies, State and local
government, or the private sector.
(4) The extent to which the agency coordinates effectively
with State and local governments in performing the functions of
the program.
(5) The extent to which changes in the authorizing statutes
of the agency or program would improve the performance of the
agency or program.
(6) The extent to which changes in the management structure
of the agency or program or its placement in the Executive
Branch are needed to improve the overall efficiency,
effectiveness, or accountability of executive branch
operations.
(g) Agency and Program Inventory-.--
(1) Preparation.--Within 6 months after the date of the
enactment of this Act, the Director of the Congressional
Research Service, with the assistance of the Comptroller
General, shall prepare an inventory of all executive branch
agencies and programs. Six months prior to the time that the
Sunset Commission is scheduled to begin its review of an agency
or program, the Director of the Congressional Research Service,
with the assistance of the Comptroller General, shall update
the section of the inventory pertaining to that agency or
program.
(2) Purpose.--The purpose of the agency and program
inventory is to advise and assist the Sunset Commission, the
President, and Congress in carrying out the requirements of
this Act.
(3) Inventory content.--The agency and program inventory
shall include for each agency and program a list of citations
of all authorizing statutes of the agency or program.
(h) Exemption.--
(1) Regulations.--No regulations to protect the
environment, health, safety, or civil rights shall be abolished
under this Act.
(2) Enforcement.--No program related to enforcing
regulations referred to in paragraph (1) shall be abolished
under this Act unless provision is made for the continued
enforcement of those regulations.
(i) Submission of Commission Report to Congress by President.--Not
later than September 1 of each year, the President shall submit to
Congress the report submitted to the President by the Commission
pursuant to subsection (e)(3) and any legislation needed to accomplish
the recommendations of the Sunset Commission.
SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES.
(a) Definitions.--
(1) Resolution of approval.--For the purposes of this
section, the term ``resolution'' means only a joint
resolution--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution approving the schedule for reviewing the
performance of, and need for, executive branch agencies
and programs under the Federal Agency Performance
Review and Sunset Act'';
(C) the matter after the resolving clause of which
is as follows: ``That Congress approves the schedule
for reviewing the performance of, and need for,
executive branch agencies and programs on _____ under
the Federal Agency Performance Review and Sunset
Act:'', the blank space being filled in with the
appropriate date; and
(D) the remaining text of which consists of the
complete schedule for the reviews submitted under
section 2(a).
(2) Legislative day.--For the purposes of this section, the
term ``legislative day'' refers to any day on which either
House of Congress is in session.
(b) Introduction and Reference of Resolution.--
(1) Not later than the first day of session following the
day on which a resolution is submitted to Congress under
section (2)(a)(1), the resolution shall be introduced (by
request)--
(A) in the House of Representatives by the chairman
of the Committee on Government Reform, or by a member
or members of the House designated by such chairman;
and
(B) in the Senate by the chairman of the Committee
on Homeland Security and Governmental Affairs, or by a
member of members of the Senate designated by such
chairman.
(2) The resolution shall be referred to the Committee on
Government Reform of the House of Representatives and the
Committee on on Homeland Security and Governmental Affairs of
the Senate (and all resolutions with respect to the same
schedule for reviews shall be referred to the same committee)
by the Speaker of the House or the President of the Senate, as
the case may be. The committee shall makes its recommendations
to the House of Representatives or the Senate, respectively,
within 75 calendar days of continuous session of Congress
following the date of such resolutions's introduction.
(c) Expedited Procedures Relating to Discharge of Committee
Considering Resolution, Procedure After Report or Discharge of
Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of
title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution as defined
in subsection (a)(1) of this section; and
(2) the term ``reorganization plan'' means a legislative
proposal containing a schedule for review submitted under
section 2(a).
(d) Effective Date, Publication, Effect on Other Laws, Pending
Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907
of title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution as defined
in subsection (a)(1) of this section; and
(2) the term ``reorganization plan'' means a legislative
proposal containing a schedule for review submitted under
section 2(a). | Federal Agency Performance Review and Sunset Act - Authorizes the President to submit to Congress a schedule for reviewing the performance of, and need for, executive branch agencies and programs at least once every 10 years. Establishes a Sunset Commission to review them. Requires: (1) the Commission to submit to the President annual reports containing its assessment and recommendations concerning each agency and program reviewed; and (2) the President to submit to Congress such reports and any needed legislation.
Specifies procedures for expedited congressional consideration of any schedule for reviewing the performance of, and need for, executive branch agencies and programs under this Act. | {"src": "billsum_train", "title": "To provide for the establishment of the Sunset Commission to review and maximize the performance of all Federal agencies and programs."} | 3,261 | 129 | 0.617178 | 1.501647 | 0.660375 | 5.394958 | 25.865546 | 0.92437 |
SECTION 1. REFERENCE.
Whenever in this Act a section or other provision is amended or
repealed, such amendment or repeal shall be considered to be made to
that section or other provision of title 5, United States Code.
SEC. 2. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES
GENERALLY UNDER CSRS.
(a) Creditable Service.--Section 8332 is amended by striking out
subsections (d) and (h).
(b) Deductions, Contributions, and Deposits.--Section 8334 is
amended--
(1) in paragraph (1), by amending the first sentence to
read as follows: ``The employing agency shall deduct and
withhold 7 percent of the basic pay of a employee or Member,
7\1/2\ percent of the basic pay of a law enforcement officer
and a firefighter, and 8 percent of the basic pay of a Claims
Court judge, a United States magistrate, a judge of the United
States Court of Military Appeals, and a bankruptcy judge.'';
and
(2) in the table contained in subsection (c), by amending
the items relating to Member or employee for congressional
employee service and Member for Member service to read as
follows:
Member or employee for August 1, 1920, to June 30, 1926.
congressional
employee service..... 2\1/2\......
3\1/2\...... July 1, 1926, to June 30, 1942.
5........... July 1, 1942, to June 30, 1948.
6........... July 1, 1948, to October 31, 1956.
6\1/2\...... November 1, 1956, to December 31,
1969.
7\1/2\...... December 31, 1969, to December 31,
1994.
7........... After December 31, 1994.
Member for Member 2\1/2\...... August 1, 1920, to June 30, 1926.
service.
3\1/2\...... July 1, 1926, to June 30, 1942.
5........... July 1, 1942, to August 1, 1946.
6........... August 2, 1946, to October 31,
1956.
7\1/2\...... November 1, 1956, to December 31,
1969.
8........... December 31, 1969, to December 31,
1994.
7........... After December 31, 1994.
(c) Immediate Retirement.--Section 8336 is amended--
(1) by striking out subsection (g); and
(2) in subsections (a), (b), and (f), by inserting ``or
Member'' after ``employee'' each place it occurs.
(d) Deferred Retirement.--Section 8338 is amended by striking out
subsection (b).
(e) Computation of Annuity.--Section 8339 is amended--
(1) by striking out subsections (b) and (c);
(2) in subsection (f), by striking out ``of--'' and all
that follows through the end thereof and inserting in lieu
thereof ``of the average pay of the employee or Member.'';
(3) in subsection (h), by striking out the second sentence;
and
(4) in subsection (j)--
(A) by striking out paragraph (2); and
(B) in paragraph (4), by striking out ``(f), and
(h)'' and inserting in lieu thereof ``and (f)''.
(f) Survivor Annuity.--Section 8341 is amended by striking out
subsection (f).
(g) Annuities and Pay on Reemployment.--Section 8344 is amended--
(1) in subsection (a)--
(A) by inserting ``or'' at the end of paragraph
(2);
(B) by striking out ``or'' at the end of paragraph
(3);
(C) by striking out paragraph (4); and
(D) by inserting ``or Member'' after ``employee'';
(2) in subsection (b), by striking out ``, other than a
Member receiving an annuity from the fund,'';
(3) in subsection (c), by striking out ``, other than a
Member receiving an annuity from the fund,''; and
(4) by striking out subsection (d).
SEC. 3. EQUAL TREATMENT OF MEMBERS OF CONGRESS WITH FEDERAL EMPLOYEES
GENERALLY UNDER FERS.
(a) Immediate Retirement.--Section 8412 is amended by striking out
subsection (f).
(b) Computation of Basic Annuity.--Section 8415 is amended--
(1) in subsections (a) and (e), by inserting ``or Member''
after ``employee'' each place it occurs;
(2) by striking out subsections (b) and (c);
(3) in subsection (f)(2)(A), by striking out ``(e)(2), or
(f)(2),'' and inserting in lieu thereof ``(e)(2),''; and
(4) in the matter after subparagraph (B) in subsection
(g)(2), by striking out ``Congressional employee,''.
(c) Annuity Supplement.--Section 8421(a)(2) is amended by striking
out ``section 8412(f), or under''.
(d) Deductions From Pay; Contributions for Military Service.--
Section 8422 is amended--
(1) in subsection (a)(2)(A)--
(A) by inserting ``or Member'' after ``employee'';
and
(B) by striking out ``, or Congressional
employee''; and
(2) in subsection (a)(2)(B), by striking out ``Member'' and
``or Congressional employee,''.
(e) Government Contributions.--Section 8423(a)(1) is amended--
(1) in subparagraph (A)(i), by inserting ``or Members''
after ``employees'' the first place it appears; and
(2) in subparagraph (B)--
(A) by striking out ``Members, Congressional
employees,'' in clause (i); and
(B) by striking out ``and Members'' in clause (ii).
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on January 1, 1995.
(b) Application to Periods of Service Before and After Effective
Date.--
(1) Service after december 31, 1994.--The amendments made
by this Act shall apply with respect to an individual serving
as a Member of Congress or a congressional employee after
December 31, 1994.
(2) Service before january 1, 1995.--The portion of any
annuity under chapter 83 or chapter 84, as the case may be, of
title 5, United States Code, relating to a period of service of
an individual serving as a Member of Congress or a
congressional employee that occurs before January 1, 1995,
shall be determined under either such chapter as such chapters
were in effect on December 31, 1994.
(3) Election to treat service under reformed system.--A
Member of Congress or a congressional employee may make an
irrevocable election to treat service creditable under chapter
83 or chapter 84, as applicable, of title 5, United States
Code, before January 1, 1995, as service under the applicable
chapter as if the amendments made by this Act were in effect
during such creditable service.
(4) Member of congress and congressional employee
defined.--For the purposes of this section, the terms ``Member
of Congress'' and ``congressional employee'' have the meaning
given such terms in sections 2106 and 2107 of title 5, United
States Code, respectively. | Amends Federal civil service retirement provisions to remove specified provisions regarding creditable service for Members of Congress.
Provides for the deduction and withholding of seven (currently, eight) percent of the basic pay of a Member of Congress, thus making such deduction and withholding equivalent to that of a Federal employee.
Removes provisions regarding eligibility for annuities for Members of Congress and makes annuity eligibility requirements for Federal employees applicable to Members.
Repeals provisions regarding: (1) deferred retirement with respect to Members; and (2) the computation of annuities for congressional employees and Members.
Prohibits such annuities from exceeding 80 percent of the average pay of an employee or Member (thus, making the computation of a Member's annuity conform to that of a Federal employee).
Removes provisions regarding survivor annuities, annuities and pay on reemployment, and immediate retirement with respect to Members.
Makes the computation of a basic annuity, deductions from pay, and Government contributions for Members conform to requirements for Federal employees.
Applies this Act to congressional employees as well. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to conform the retirement coverage of Members and congressional employees to that of employees of the executive branch."} | 1,710 | 237 | 0.474422 | 1.388197 | 0.750353 | 1.527094 | 7.591133 | 0.768473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VAWA Restoration Act''.
SEC. 2. REMOVING BARRIERS TO ADJUSTMENT OF STATUS FOR VICTIMS OF
DOMESTIC VIOLENCE.
(a) In General.--Section 245 of the Immigration and Nationality Act
(8 U.S.C. 1255) is amended--
(1) in subsection (a), by inserting ``of an alien who
qualifies for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or'' after
``The status'';
(2) in subsection (c)(2), by striking ``201(b) or a
special'' and inserting ``201(b), an alien who qualifies for
classification under subparagraph (A)(iii), (A)(iv), (B)(ii),
or (B)(iii) of section 204(a)(1), or a special'';
(3) in subsection (c)(4), by striking ``201(b))'' and
inserting ``201(b) or an alien who qualifies for classification
under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of
section 204(a)(1))'';
(4) in subsection (c)(5), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1))''
after ``an alien''; and
(5) in subsection (c)(8), by inserting ``(other than an
alien who qualifies for classification under subparagraph
(A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1)''
after ``any alien''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for adjustment of status pending on or after the
date of the enactment of this Act.
SEC. 3. REMOVING BARRIERS TO CANCELLATION OF REMOVAL AND SUSPENSION OF
DEPORTATION FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) In General.--
(1) Special rule for calculating continuous period for
battered spouse or child.--Paragraph (1) of section 240A(d) of
the Immigration and Nationality Act (8 U.S.C. 1229b(d)(1)) is
amended to read as follows:
``(1) Termination of continuous period.--
``(A) In general.--Except as provided in
subparagraph (B), for purposes of this section, any
period of continuous residence or continuous physical
presence in the United States shall be deemed to end
when the alien is served a notice to appear under
section 239(a) or when the alien has committed an
offense referred to in section 212(a)(2) that renders
the alien inadmissible to the United States under
section 212(a)(2) or removable from the United
States under section 237(a)(2) or 237(a)(4), whichever is earliest.
``(B) Special rule for battered spouse or child.--
For purposes of subsection (b)(2), the service of a
notice to appear referred to in subparagraph (A) shall
not be deemed to end any period of continuous physical
presence in the United States.''.
(2) Exemption from annual limitation on cancellation of
removal for battered spouse or child.--Section 240A(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is
amended by adding at the end the following:
``(C) Aliens whose removal is cancelled under
subsection (b)(2).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect as if included in the enactment of
section 304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Modification of Certain Transition Rules for Battered Spouse or
Child.--
(1) In general.--Subparagraph (C) of section 309(c)(5) of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1101 note) (as amended by section 203 of the
Nicaraguan Adjustment and Central American Relief Act) is
amended--
(2) by amending the subparagraph heading to read as
follows:
``(C) Special rule for certain aliens granted
temporary protection from deportation and for battered
spouses and children.--''; and
(3) in clause (i)--
(A) by striking ``or'' at the end of subclause
(IV);
(B) by striking the period at the end of subclause
(V) and inserting ``; or''; and
(C) by adding at the end the following:
``(VI) is an alien who was issued
an order to show cause or was in
deportation proceedings prior to April
1, 1997, and who applied for suspension
of deportation under section 244(a)(3)
of the Immigration and Nationality Act
(as in effect before the date of the
enactment of this Act).''.
(4) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note).
SEC. 4. ELIMINATING TIME LIMITATIONS ON MOTIONS TO REOPEN REMOVAL AND
DEPORTATION PROCEEDINGS FOR VICTIMS OF DOMESTIC VIOLENCE.
(a) Removal Proceedings.--
(1) In general.--Section 240(c)(6)(C) of the Immigration
and Nationality Act (8 U.S.C. 1229a(c)(6)(C) is amended by
adding at the end the following:
``(iv) Special rule for battered spouses
and children.--There is no time limit on the
filing of a motion to reopen, and the deadline
specified in subsection (b)(5)(C) does not
apply, if the basis of the motion is to apply
for adjustment of status based on a petition
filed under clause (iii) or (iv) of section
204(a)(1)(A), clause (ii) or (iii) of section
204(a)(1)(B), or section 240A(b)(2).''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
304 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 587).
(b) Deportation Proceedings.--
(1) In general.--Notwithstanding any limitation imposed by
law on motions to reopen deportation proceedings under the
Immigration and Nationality Act (as in effect before the title
III-A effective date in section 309 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101
note)), there is no time limit on the filing of a motion to
reopen such proceedings, and the deadline specified in section
242B(c)(3) of the Immigration and Nationality Act (as so in
effect) does not apply, if the basis of the motion is to apply
for relief under clause (iii) or (iv) of section 204(a)(1)(A)
of the Immigration and Nationality Act, clause (ii) or (iii) of
section 204(a)(1)(B) of such Act, or section 244(a)(3) of such
Act (as so in effect).
(2) Applicability.--Paragraph (1) shall apply to motions
filed by aliens who--
(A) are, or were, in deportation proceedings under
the Immigration and Nationality Act (as in effect
before the title III-A effective date in section 309 of
the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1101 note)); and
(B) have become eligible to apply for relief under
clause (iii) or (iv) of section 204(a)(1)(A) of the
Immigration and Nationality Act, clause (ii) or (iii)
of section 204(a)(1)(B) of such Act, or section
244(a)(3) of such Act (as in effect before the title
III-A effective date in section 309 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1101 note)) as a result of the
amendments made by--
(i) subtitle G of title IV of the Violent
Crime Control and Law Enforcement Act of 1994
(Public Law 103-322; 108 Stat. 1953 et seq.);
or
(ii) section 3 of this Act. | VAWA Restoration Act - Amends the Immigration and Nationality Act to modify procedures and provide special rules for battered spouses and children with respect to: (1) adjustment of status; and (2) removal and deportation. | {"src": "billsum_train", "title": "VAWA Restoration Act"} | 2,134 | 48 | 0.437899 | 1.131545 | 0.156612 | 2.142857 | 39.52381 | 0.809524 |
SECTION 1. CENTENNIAL OF FLIGHT COMMISSION.
The Centennial of Flight Commemoration Act (36 U.S.C. 143 note; 112
Stat. 3486 et seq.) is amended--
(1) in section 4--
(A) in subsection (a)--
(i) in paragraphs (1) and (2) by striking ``or his
designee'';
(ii) in paragraph (3) by striking ``, or his designee''
and inserting ``to represent the interests of the
Foundation'' and in paragraph (3) strike the word
``chairman'' and insert the word ``president'';
(iii) in paragraph (4) by striking ``, or his
designee'' and inserting ``to represent the interests of
the 2003 Committee'';
(iv) in paragraph (5) by inserting before the period
``and shall represent the interests of such aeronautical
entities''; and
(v) in paragraph (6) by striking ``, or his designee'';
(B) by striking subsection (f);
(C) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively; and
(D) by inserting after subsection (a) the following:
``(b) Alternates.--Each member described under subsection (a) may
designate an alternate who may act in lieu of the member to the extent
authorized by the member, including attending meetings and voting.'';
(2) in section 5--
(A) in subsection (a)--
(i) by inserting ``provide recommendations and advice
to the President, Congress, and Federal agencies on the
most effective ways to'' after ``The Commission shall'';
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) through (7) as
paragraphs (1) through (6), respectively;
(B) by redesignating subsection (b) as subsection (c) and
inserting after subsection (a) the following:
``(b) International Activities.--The Commission may--
``(1) advise the United States with regard to gaining support
for and facilitating international recognition of the importance of
aviation history in general and the centennial of powered flight in
particular; and
``(2) attend international meetings regarding such activities
as advisors to official United States representatives or to gain or
provide information for or about the activities of the
Commission.''; and
(C) by adding at the end the following:
``(d) Additional Duties.--The Commission may--
``(1)(A) assemble, write, and edit a calendar of events in the
United States (and significant events in the world) dealing with
the commemoration of the centennial of flight or the history of
aviation;
``(B) actively solicit event information; and
``(C) disseminate the calendar by printing and distributing
hard and electronic copies and making the calendar available on a
web page on the Internet;
``(2) maintain a web page on the Internet for the public that
includes activities related to the centennial of flight celebration
and the history of aviation;
``(3) write and produce press releases about the centennial of
flight celebration and the history of aviation;
``(4) solicit and respond to media inquiries and conduct media
interviews on the centennial of flight celebration and the history
of aviation;
``(5) initiate contact with individuals and organizations that
have an interest in aviation to encourage such individuals and
organizations to conduct their own activities in celebration of the
centennial of flight;
``(6) provide advice and recommendations, through the
Administrator of the National Aeronautics and Space Administration
or the Administrator of the Federal Aviation Administration (or any
employee of such an agency head under the direction of that agency
head), to individuals and organizations that wish to conduct their
own activities in celebration of the centennial of flight, and
maintain files of information and lists of experts on related
subjects that can be disseminated on request;
``(7) sponsor meetings of Federal agencies, State and local
governments, and private individuals and organizations for the
purpose of coordinating their activities in celebration of the
centennial of flight; and
``(8) encourage organizations to publish works related to the
history of aviation.'';
(3) in section 6(a)--
(A) in paragraph (2)--
(i) by striking the first sentence; and
(ii) in the second sentence--
(I) by striking ``the Federal'' and inserting ``a
Federal''; and
(II) by striking ``the information'' and inserting
``information''; and
(B) in paragraph (3) by striking ``section 4(c)(2)'' and
inserting ``section 4(d)(2)'';
(4) in section 6(c)(1) by striking ``the Commission may'' and
inserting ``the Administrator of the National Aeronautics and Space
Administration or the Administrator of the Federal Aviation
Administration (or an employee of the respective administration as
designated by either Administrator) may, on behalf of the
Commission,'';
(5) in section 7--
(A) in subsection (a) in the first sentence--
(i) by striking ``There'' and inserting ``Subject to
subsection (h), there''; and
(ii) by inserting before the period ``or represented on
the Advisory Board under section 12(b)(1) (A) through
(E)'';
(B) in subsection (b) by striking ``The Commission'' and
inserting ``Subject to subsection (h), the Commission'';
(C) by striking subsection (g);
(D) by redesignating subsection (h) as subsection (g); and
(E) by adding at the end the following:
``(h) Limitation.--Each member of the Commission described under
section 4(a) (3), (4), and (5) may not make personnel decisions,
including hiring, termination, and setting terms and conditions of
employment.'';
(6) in section 9--
(A) in subsection (a)--
(i) by striking ``The Commission may'' and inserting
``After consultation with the Commission, the Administrator
of the National Aeronautics and Space Administration may'';
and
(ii) by striking ``its duties or that it'' and
inserting ``the duties under this Act or that the
Administrator of the National Aeronautics and Space
Administration'';
(B) in subsection (b)--
(i) in the first sentence by striking ``The Commission
shall have'' and inserting ``After consultation with the
Commission, the Administrator of the National Aeronautics
and Space Administration may exercise''; and
(ii) in the second sentence by striking ``that the
Commission lawfully adopts'' and inserting ``adopted under
subsection (a)''; and
(C) by amending subsection (d) to read as follows:
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), funds from
licensing royalties received under this section shall be used by
the Commission to carry out the duties of the Commission specified
by this Act.
``(2) Excess funds.--The Commission shall transfer any portion
of funds in excess of funds necessary to carry out the duties
described under paragraph (1), to the National Aeronautics and
Space Administration to be used for the sole purpose of
commemorating the history of aviation or the centennial of powered
flight.'';
(7) in section 10--
(A) in subsection (a)--
(i) in the first sentence, by striking ``activities of
the Commission'' and inserting ``actions taken by the
Commission in fulfillment of the Commission's duties under
this Act'';
(ii) in paragraph (3), by adding ``and'' after the
semicolon;
(iii) in paragraph (4), by striking the semicolon and
``and'' and inserting a period; and
(iv) by striking paragraph (5); and
(B) in subsection (b)(1) by striking ``activities'' and
inserting ``recommendations'';
(8) in section 12--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in subparagraphs (A), (C), (D), and (E), by
striking ``, or the designee of the Secretary'';
(II) in subparagraph (B), by striking ``, or the
designee of the Librarian''; and
(III) in subparagraph (F)--
(aa) in clause (i) by striking ``government''
and inserting ``governmental entity''; and
(bb) by amending clause (ii) to read as
follows:
``(ii) shall be selected among individuals who--
``(I) have earned an advanced degree related to
aerospace history or science, or have actively and
primarily worked in an aerospace related field during
the 5-year period before appointment by the President;
and
``(II) specifically represent 1 or more of the
persons or groups enumerated under section 5(a)(1).'';
and
(ii) by adding at the end the following:
``(2) Alternates.--Each member described under paragraph (1)
(A) through (E) may designate an alternate who may act in lieu of
the member to the extent authorized by the member, including
attending meetings and voting.''; and
(B) in subsection (h) by striking ``section 4(e)'' and
inserting ``section 4(d)''; and
(9) in section 13--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Repeals the Commission's duty to represent the United States and take a leadership role with other nations in recognizing the importance of aviation history in general, the centennial of powered flight in particular, and promoting participation by the United States in such activities.
Requires the Commission, in lieu of carrying out its currently mandated duties, to provide recommendations and advice to the President, Congress, and Federal agencies on the most effective ways to carry out such duties.
Authorizes the Commission to: (1) advise the United States with regard to gaining support for, and facilitating international recognition of, the importance of aviation history in general and the centennial of powered flight in particular; and (2) attend international meetings regarding such activities as advisors to official U.S. representatives or to gain or provide information for or about the Commission's activities.
Specifies additional duties of the Commission such as maintaining a web page on the Internet for the public that includes activities related to the centennial of flight celebration and the history of aviation.
Repeals the Commission's authority to call upon various Federal departments and agencies to assist and to support Commission programs.
Grants authority: (1) to procure and to make legal agreements on behalf of the Commission to the Administrator of the National Aeronautics and Space Administration (NASA) or the Administrator of the Federal Aviation Administration (repealing the Commission's authority to procure and make such agreements); and (2) to the NASA Administrator, in consultation with the Commission, regarding the use of the Commission's name, logos, emblems, seals, and marks (repealing the Commission's current authority regarding such uses).
Allows the Commission to appoint an Executive Director from among detailees from specified Federal agencies represented on the First Flight Centennial Federal Advisory Board (as well as from those represented on the Commission).
Prohibits certain non-Federal members of the Commission from making personnel decisions.
Requires the Commission to transfer excess Commission funds to NASA to be used solely for commemorating the history of aviation or for the centennial of powered flight.
Revises provisions concerning the First Flight Centennial Federal Advisory Board with respect to its members and their qualifications. Repeals the authority of the Librarian of Congress, the Secretary of the Interior, the Secretary of Transportation, and the Secretaries of the Air Force and of the Navy to designate others to be Advisory Board members in their stead. Allows Advisory Board members to designate alternates who may act in lieu of the member, including attending meetings and voting, but only to the extent the member authorizes. | {"src": "billsum_train", "title": "A bill to make certain technical and other corrections relating to the Centennial of Flight Commemoration Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.)."} | 2,182 | 567 | 0.58328 | 1.954269 | 0.666471 | 3.334677 | 4.252016 | 0.826613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Law Enforcement Anti-Drug
Trafficking Act of 2009''.
SEC. 2. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to
award grants to--
(A) eligible law enforcement agencies, or a
coalition of such agencies, to provide the resources
described in subsection (b) to address drug-related
criminal activity that occurs in the jurisdiction of
such agencies; and
(B) institutions of higher education that provide
assistance to law enforcement agencies in counties
described in subparagraph (A) or (B) of subsection
(d)(1) to provide the resources described in subsection
(b)(4).
(2) Competitive basis.--The Attorney General shall award
grants under this section on a competitive basis.
(3) Priority.--In awarding grants for the uses described in
paragraphs (1) through (3) of subsection (b), the Attorney
General shall give priority to law enforcement agencies located
in a county that is within 150 miles from the United States
border with Mexico.
(b) Use of Funds.--Grants awarded under this section may only be
used to provide additional resources for eligible law enforcement
agencies to address drug-related criminal activity, and for the
training and assistance described in paragraph (4) for organizations
described in subsection (a)(2), including resources to--
(1) combat criminal activities along the Southern border
by--
(A) obtaining, upgrading, or maintain equipment;
(B) hiring additional personnel;
(C) reimbursing operational expenditures, including
overtime and transportation costs; and
(D) providing other assistance necessary to address
drug-related criminal activity;
(2) facilitate information sharing and collaboration by--
(A) establishing, maintaining, or enhancing multi-
jurisdictional intelligence gathering and sharing
activities;
(B) facilitating regional crime prevention and
reduction efforts; and
(C) strengthening partnerships between Federal,
tribal, State, and local law enforcement agencies;
(3) enhance jails, community corrections, and detention
operations by--
(A) improving the administration and operations of
correction functions related to reducing and preventing
criminal narcotics activity;
(B) improving access to intelligence and
collaboration between law enforcement and correctional
system personnel;
(C) reducing the recidivism rates of drug
offenders; and
(D) hiring detention, probation, parole, and other
corrections personnel for implementation of the efforts
described in this paragraph; and
(4) provide training and technical assistance, including
training and assistance related to--
(A) narcotics-related kidnapping negotiation and
rescue tactics;
(B) intelligence and information sharing on drug
trafficking organizations; and
(C) the interdiction of narcotics, weapons, and
illegal drug proceeds.
(c) Application.--
(1) In general.--Each eligible law enforcement agency, or
coalition of such agencies, seeking a grant under this section
shall submit an application to the Attorney General at such
time, in such manner, and accompanied by such information as
the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Attorney General determines to be essential to ensure
compliance with the requirements under this section.
(d) Definitions.--In this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency, including a community corrections agency
and any agency that employs prosecutors, probation officers, or
parole officers, which is located or performs duties in--
(A) Arizona, California, New Mexico, or Texas; or
(B) a jurisdiction that has been designated by the
Director of the Office of Drug Control Policy as a High
Intensity Drug Trafficking Area.
(2) High intensity drug trafficking area.--The term ``High
Intensity Drug Trafficking Area'' means any jurisdiction
designated as a ``High Intensity Drug Trafficking Area'' by the
National Drug Control Program under section 707 of the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1706).
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$100,000,000 for each of the fiscal years 2010 through 2015 to
carry out the provisions of this section.
(2) Allocation of authorized funds.--Of the amounts
appropriated pursuant to paragraph (1)--
(A) not more than 33 percent may be set aside for
High Intensity Drug Trafficking Areas; and
(B) not more than 30 percent may be used for
activities described in paragraphs (3) and (4) of
subsection (b).
(3) Supplement not supplant.--Amounts appropriated for
grants pursuant to paragraph (1) shall be used to supplement
and not to supplant other tribal, State, and local public funds
obligated for the purposes provided under this section.
SEC. 3. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this Act may be construed to authorize tribal, State, or
local law enforcement agencies or officers of such agencies to exercise
Federal immigration law enforcement authority. | Border Law Enforcement Anti-Drug Trafficking Act of 2009 - Authorizes the Attorney General to award grants on a competitive basis to eligible law enforcement agencies and institutions of higher education to assist such agencies in addressing drug-related criminal activity within their jurisdictions. Requires such grants to be used to: (1) combat criminal activities along the southern border of the United States; (2) facilitate information sharing and collaboration by law enforcement agencies; (3) enhance jails, community corrections, and detention operations; and (4) provide training and technical assistance related to negotiation and rescue tactics, intelligence and information sharing on drug trafficking organizations, and interdiction.
Defines "eligible law enforcement agency" as a tribal, state, or local law enforcement agency, including a community corrections agency and any agency that employs prosecutors, probation officers, or parole officers, that is located or performs duties in: (1) Arizona, California, New Mexico, or Texas; or (2) a jurisdiction that has been designated as a high intensity drug trafficking area. | {"src": "billsum_train", "title": "A bill to provide financial aid to local law enforcement officials along the Nation's borders, and for other purposes."} | 1,162 | 220 | 0.677236 | 1.819733 | 1.149904 | 5.430693 | 5.356436 | 0.955446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness and Accountability in
International Taxation Act of 2003''.
SEC. 2. DENIAL OF TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code of 1986
(relating to income affected by treaty) is amended by adding at the end
the following new subsection:
``(d) Denial of Treaty Benefits for Certain Deductible Payments.--
``(1) In general.--A foreign entity shall not be entitled
under any income tax treaty of the United States with a foreign
country to any reduced rate of any withholding tax imposed by
this title on any deductible foreign payment unless such entity
is predominantly owned by individuals who are residents of such
foreign country.
``(2) Deductible foreign payment.--For purposes of
paragraph (1), the term `deductible foreign payment' means any
payment--
``(A) which is made by a domestic entity directly
or indirectly to a related person which is a foreign
entity, and
``(B) which is allowable as a deduction under this
chapter.
``(3) Domestic and foreign entities; related person.--For
purposes of this subsection--
``(A) Domestic entity.--The term `domestic entity'
means any domestic corporation or domestic partnership.
``(B) Foreign entity.--The term `foreign entity'
means any foreign corporation or foreign partnership.
``(C) Related person.--The term `related person'
has the meaning given such term by section 954(d)(3)
(determined by substituting `domestic entity' for
`controlled foreign corporation' each place it
appears).
``(4) Predominant ownership.--For purposes of this
subsection--
``(A) In general.--An entity is predominantly owned
by individuals who are residents of a foreign country
if--
``(i) in the case of a corporation, more
than 50 percent (by value) of the stock of such
corporation is owned (within the meaning of
section 883(c)(4)) by individuals who are
residents of such foreign country, or
``(ii) in the case of a partnership, more
than 50 percent (by value) of the beneficial
interests in such partnership are so owned.
``(B) Publicly traded corporations.--A foreign
corporation also shall be treated as predominantly
owned by individuals who are residents of a foreign
country if--
``(i)(I) the stock of such corporation is
primarily and regularly traded on an
established securities market in such foreign
country, and
``(II) such corporation has activities
within such foreign country which are
substantial in relation to the total activities
of such corporation and its related persons, or
``(ii) such corporation is wholly owned
(directly or indirectly) by another foreign
corporation which is described in clause (i).
``(C) Special rule.--
``(i) In general.--A foreign corporation
shall be treated as meeting the requirements of
subparagraph (A) if--
``(I) such requirements would be
met if `30 percent' were substituted
for `50 percent' in subparagraph
(A)(i),
``(II) the treaty country is a
member of a multinational economic
association such as the European Union,
and
``(III) at least 50 percent of the
value of the stock of the corporation
is owned (within the meaning of section
883(c)(4)) by individuals who are
residents of the treaty country or
other qualified foreign countries.
``(ii) Qualified foreign country.--For
purposes of this subparagraph, the term
`qualified foreign country' means any foreign
country if--
``(I) such foreign country is a
member of the multinational economic
association of which the treaty country
is a member, and
``(II) such foreign country has a
tax treaty with the United States
providing a withholding tax rate
reduction which is not less than the
withholding tax rate reduction
applicable (without regard to this
subsection) to the payment received by such foreign corporation.
``(5) Exception for corporations with substantial business
activities in treaty country.--Paragraph (1) shall not apply to
a payment received by a foreign corporation if such corporation
has substantial business activities in the treaty country and
if such corporation establishes to the satisfaction of the
Secretary that the payment is subject to an effective rate of
income tax imposed by such country greater than 90 percent of
the maximum rate of tax specified in section 11.
``(6) Exception for payments received by controlled foreign
corporation.--Paragraph (1) shall not apply to any deductible
foreign payment made by a corporation if the recipient of the
payment is a controlled foreign corporation and the payor is a
United States shareholder (as defined in section 951(b)) of
such corporation.
``(7) Conduit payments.--Under regulations prescribed by
the Secretary, paragraph (1) shall not apply to a payment
received by a foreign entity referred to in paragraph (1) if--
``(A) within a reasonable period after such entity
receives such payment, such entity makes a comparable
payment directly or indirectly to another related
person,
``(B) such related person is a resident of a
foreign country with which the United States has an
income tax treaty,
``(C) such related person is predominantly owned by
individuals who are residents of such country, and
``(D) the withholding tax rate applicable under
such treaty is equal to or greater than the withholding
tax rate applicable (without regard to this paragraph)
to the payment received by such foreign entity.
A similar rule shall apply where the payment is includible in
the gross income of a related person by reason of a foreign law
comparable to subpart F of part III of subchapter N.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. TRANSFER PRICE REDUCED BY DEFLECTED TAX HAVEN INCOME.
(a) In General.--Section 482 of the Internal Revenue Code of 1986
(relating to allocation of income and deductions among taxpayers) is
amended by inserting ``(a) In General.--'' before ``In the case of two
or more'' and by adding at the end the following new subsection:
``(b) Special Rule for Related-Party Inbound and Outbound
Transactions.--
``(1) In general.--In the case of property or services to
which this subsection applies, the transfer price under this
section for such property or service shall be the transfer
price determined without regard to this subsection--
``(A) in the case of a related-party inbound
transaction, reduced by the deflected tax haven income
with respect to such property or service, or
``(B) in the case of a related-party outbound
transaction, increased by the deflected tax haven
income with respect to such property or service.
``(2) Property or services to which subsection applies.--
``(A) In general.--This subsection applies to any
property or services if there is a related-party
inbound or outbound transaction with respect to such
property or services.
``(B) Related-party inbound transaction.--A
related-party inbound transaction is any transaction
where--
``(i) property is acquired directly or
indirectly by a foreign-controlled domestic
corporation from a foreign related person, or
``(ii) the services are performed directly
or indirectly for a foreign-controlled domestic
corporation by a foreign related person.
``(C) Related-party outbound transaction.--A
related-party outbound transaction is any transaction
where--
``(i) property is sold directly or
indirectly by a foreign-controlled domestic
corporation to a foreign related person, or
``(ii) services are performed directly or
indirectly by a foreign-controlled domestic
corporation for a foreign related person.
``(3) Deflected tax haven income.--For purposes of this
subsection--
``(A) In general.--The term `deflected tax haven
income' means income (whether in the form of profits,
commissions, fees, or otherwise) derived by a foreign
related person in connection with any transaction
related to property or services to which this
subsection applies if such income would be treated as
foreign base company sales income (as defined in
section 954(d)) or foreign base company services income
(as defined in section 954(e)) were such foreign
related person treated as a controlled foreign
corporation.
``(B) Exception for income subject to foreign
taxes.--
``(i) High taxes.--Such term shall not
include any item of income with respect to
which the requirements of section 954(b)(4) are
met.
``(ii) Other taxes.--If the taxpayer
establishes to the satisfaction of the
Secretary that an item of income was subject to
an income tax imposed by a foreign country and
the effective rate of such tax (and such
effective rate was not greater than 90 percent
of the maximum rate of tax specified in section
11), the term `deflected tax haven income'
shall not include the same proportion of such
income as such effective rate of tax bears to
90 percent.
``(4) Other definitions.--For purposes of this subsection--
``(A) Foreign related person.--The term `foreign
related person' means any foreign person who is related
(within the meaning of subsection (a)) to the foreign-
controlled domestic corporation.
``(B) Foreign-controlled domestic corporation.--The
term `foreign-controlled domestic corporation' means
any domestic corporation which is 25-percent foreign-
owned (as defined in section 6038A(c)).''
(b) Effective Date.--The amendment made by this section shall apply
to property acquired, and services performed, after ____. | Fairness and Accountability in International Taxation Act of 2003 - Amends the Internal Revenue Code to deny reduced withholding tax treaty benefits to a foreign entity on any deductible foreign payment (deductible payment made by a domestic entity to a related foreign entity) unless such entity is predominantly owned by individuals who are residents of such foreign country. Exempts from such provision: (1) corporations with substantial business activities in a treaty country with specified tax rates; (2) payments received by controlled foreign corporations from U.S. shareholders; and (3) certain conduit payments made by foreign corporations.Provides a special income and deduction allocation rule for related-party inbound (transfer price increased by deflected tax haven income) and outbound (transfer price increased by deflected tax haven income) transactions. Defines "related-party inbound transaction," "related-party outbound transaction," and "deflected tax haven." | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to prevent corporations from exploiting tax treaties to evade taxation of United States income and to prevent manipulation of transfer prices by deflection of income to tax havens."} | 2,253 | 205 | 0.593293 | 1.702184 | 0.824836 | 3.071006 | 12.088757 | 0.905325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban the Box Act''.
SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO CRIMINAL RECORD OF
APPLICANTS.
(a) In General.--Except as provided in subsection (b), it shall be
an unlawful employment practice for any employer to make inquiries of
an applicant for employment or otherwise seek information about such an
applicant (including through the use of any form or application)
relating to whether such applicant has ever been convicted of a
criminal offense.
(b) Exception.--Notwithstanding subsection (a), an employer may
make inquiries of an applicant or otherwise seek information about the
applicant relating to whether such applicant has ever been convicted of
a criminal offense--
(1) after a conditional offer for employment has been
extended to an applicant; or
(2) where the granting of employment may involve an
unreasonable risk to the safety of specific individuals or to
the general public.
SEC. 3. RULEMAKING.
Not later than 1 year after the date of enactment of this Act, the
Commission shall issue rules--
(1) defining categories of employment where an individual's
past criminal history may involve an unreasonable risk to the
safety of specific individuals or to the general public; and
(2) factors to be considered by employers in assessing
whether an individual's past criminal history poses such an
unreasonable risk.
SEC. 4. ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this title against an employee described in
section 5(2)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(B), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
title provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(2)(C), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the President, the Commission, such Board, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 5(2)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
title provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this title against
an employee or applicant described in section 2(2)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``employer''--
(A) has the meaning given such term in section
701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (12 U.S.C.
1220(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (12 U.S.C. 1220(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies; and
(4) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).
SEC. 6. EFFECTIVE DATE.
This Act shall take effect beginning 1 year after the date of the
enactment of this Act. | Ban the Box Act - Makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's conviction for a criminal offense.
Sets forth exceptions authorizing an employer to seek such information: (1) after a conditional offer for employment has been extended to an applicant, or (2) where the granting of employment may involve an unreasonable risk to the safety of specific individuals or the general public.
Directs the Equal Employment Opportunity Commission (EEOC) to issue rules indentifying factors to be considered by employers in assessing whether an individual's past criminal history poses such an unreasonable risk within defined categories of employment.
Sets forth enforcement procedures and remedies under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. | {"src": "billsum_train", "title": "To prohibit an employer from inquiring whether an applicant for employment has been convicted of a criminal offense, except in certain circumstances."} | 2,693 | 175 | 0.581763 | 1.772025 | 0.844472 | 4.691824 | 14.90566 | 0.867925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Settlements Act of 2014''.
SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY
FEDERAL AGENCIES.
(a) Requirements for Settlement Agreements.--
(1) In general.--Chapter 3 of title 5, United States Code,
is amended by adding at the end the following:
``Sec. 307. Information regarding settlement agreements
``(a) Definitions.--In this section--
``(1) the term `covered settlement agreement' means a
settlement agreement (including a consent decree) that--
``(A) is entered into by an Executive agency;
``(B) relates to an alleged violation of Federal
civil or criminal law; and
``(C) requires the payment of a total of not less
than $1,000,000 by one or more non-Federal persons;
``(2) the term `entity within the Federal Government'
includes an officer or employee of the Federal Government
acting in an official capacity; and
``(3) the term `non-Federal person' means a person that is
not an entity within the Federal Government.
``(b) Information To Be Posted Online.--
``(1) Requirement.--
``(A) In general.--Subject to subparagraph (B), the
head of each Executive agency shall make publicly
available in a searchable format in a prominent
location on the Web site of the Executive agency--
``(i) a list of each covered settlement
agreement entered into by the Executive agency,
which shall include, for each covered
settlement agreement--
``(I) the date on which the parties
entered into the covered settlement
agreement;
``(II) the names of the parties
that settled claims under the covered
settlement agreement;
``(III) a description of the claims
each party settled under the covered
settlement agreement;
``(IV) the amount each party
settling a claim under the covered
settlement agreement is obligated to
pay under the settlement agreement;
``(V) the total amount the settling
parties are obligated to pay under the
settlement agreement; and
``(VI) for each settling party, the
amount the settling party is obligated
to pay that has been designated as a
civil penalty or fine, or otherwise
specified as not tax deductible under
the covered settlement agreement; and
``(ii) a copy of each covered settlement
agreement entered into by the Executive agency.
``(B) Confidentiality provisions.--The requirement
to disclose information or a copy of a covered
settlement agreement under subparagraph (A) shall apply
to the extent that the information or copy (or portion
thereof) is not subject to a confidentiality provision
that prohibits disclosure of the information or copy
(or portion thereof).
``(2) Period.--The head of each Executive agency shall
ensure that--
``(A) information regarding a covered settlement
agreement is publicly available on the list described
in paragraph (1)(A)(i) until at least the date that is
5 years after the date of the covered settlement
agreement; and
``(B) a copy of a covered settlement agreement made
available under paragraph (1)(A)(ii) is publicly
available until--
``(i) at least the date that is 1 year
after the date of the covered settlement
agreement; or
``(ii) for a covered settlement agreement
under which a non-Federal person is required to
pay not less than $50,000,000, at least the
date that is 5 years after the date of the
covered settlement agreement.
``(c) Public Statement.--If the head of an Executive agency
determines that a confidentiality provision in a covered settlement
agreement, or the sealing of a covered settlement agreement, is
required to protect the public interest of the United States, the head
of the Executive agency shall issue a public statement stating why such
action is required to protect the public interest of the United States,
which shall explain--
``(1) what interests confidentiality protects; and
``(2) why the interests protected by confidentiality
outweigh the public's interest in knowing about the conduct of
the Federal Government and the expenditure of Federal
resources.
``(d) Requirements for Written Public Statements.--Any written
public statement issued by an Executive agency that refers to an amount
to be paid by a non-Federal person under a covered settlement agreement
shall--
``(1) specify which portion, if any, of the amount to be
paid under the covered settlement agreement by a non-Federal
person--
``(A) is a civil or criminal penalty or fine to be
paid for a violation of Federal law; or
``(B) is expressly specified under the covered
settlement agreement as not deductible for purposes of
the Internal Revenue Code of 1986; and
``(2) describe in detail any actions the non-Federal person
shall take under the covered settlement agreement--
``(A) in lieu of payment to the Federal Government
or a State or local government; or
``(B) in addition to such a payment.
``(e) Reporting.--
``(1) In general.--Not later than January 15 of each year,
the head of an Executive agency that entered into a covered
settlement agreement during the previous fiscal year shall
submit to each committee of Congress with jurisdiction over the
activities of the Executive agency a report indicating--
``(A) how many covered settlement agreements the
Executive agency entered into during that fiscal year;
``(B) how many covered settlement agreements the
Executive agency entered into during that fiscal year
had any terms or conditions that are required to be
kept confidential; and
``(C) how many covered settlement agreements the
Executive agency entered into during that fiscal year
for which all terms and conditions are required to be
kept confidential.
``(2) Availability of reports.--The head of an Executive
agency that is required to submit a report under paragraph (1)
shall make the report publically available in a searchable
format in a prominent location on the Web site of the Executive
agency.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 3 of title 5, United States Code, is
amended by adding at the end the following:
``307. Information regarding settlement agreements.''.
(b) Securities Reporting.--
(1) In general.--Each issuer of securities that is required
to file annual or other periodic reports with the Commission
under section 13 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m, 78o(d)) shall describe in such a report
any claim filed for a deduction under the Internal Revenue Code
of 1986 during the reporting period that relates to a payment
required under a covered settlement agreement.
(2) Definitions.--As used in this subsection--
(A) the term ``Commission'' means the Securities
and Exchange Commission;
(B) the term ``covered settlement agreement'' has
the meaning given that term in section 307 of title 5,
United States Code, as added by subsection (a); and
(C) the term ``issuer'' has the same meaning as in
section 3 of the Securities Exchange Act of 1934 (15
U.S.C. 78c).
(c) Review of Confidentiality of Settlement Agreements.--Not later
than 6 months after the date of enactment of this Act, the Comptroller
General of the United States shall submit to Congress a report
regarding how Executive agencies (as defined under section 105 of title
5, United States Code) determine whether the terms of a settlement
agreement or the existence of a settlement agreement will be treated as
confidential, which shall include recommendations, if any, for
legislative or administrative action to increase the transparency of
Government settlements while continuing to protect the legitimate
interests that confidentiality provisions serve. | Truth in Settlements Act of 2014 - Sets forth new requirements for the public disclosure of any covered settlement agreement entered into by a federal executive agency. Defines "covered settlement agreement" as a settlement agreement (including a consent decree) that: (1) is entered into by an executive agency, (2) relates to an alleged violation of federal civil or criminal law, and (3) requires the payment of not less than $1 million by one or more non-federal persons (entities not within the federal government). Requires the head of each executive agency to make publicly available on the agency website a list of each covered settlement agreement entered into by the agency, which shall include: (1) the names of the parties to the settlement agreement and the date of such agreement; (2) a description of the claims that were settled under the agreement; (3) the amount each party to the agreement is obligated to pay under the terms of the agreement and the total amounts required to be paid; and (4) for each settling party, the amount the settling party is obligated to pay that has been designated as a civil penalty or fine. Requires: (1) such information to remain publicly available for five years after the date of the agreement, and (2) a copy of a covered settlement agreement to remain publicly available until at least one year after the date of the agreement, or until five years after such date for an agreement under which a non-federal person is required to pay not less than $50 million. Limits the disclosure of provisions of a covered settlement agreement that are subject to a confidentiality agreement. Requires the issuer of securities subject to reporting requirements under the Securities Exchange Act of 1934 to describe in required reports any claim of a tax deduction relating to a payment under a covered settlement agreement. | {"src": "billsum_train", "title": "Truth in Settlements Act of 2014"} | 1,741 | 406 | 0.74223 | 2.508456 | 0.916409 | 3.723164 | 4.641243 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Angler Preservation Act''.
SEC. 2. IMPROVING SCIENTIFIC REVIEW.
Section 302 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852) is amended--
(1) in subsection (g)(1)(B)--
(A) by inserting ``(i)'' after ``(B)'';
(B) by inserting ``risk neutral'' before
``scientific advice''; and
(C) by adding at the end the following:
``(i) A scientific and statistical committee may
not provide a recommendation to increase or decrease an
annual catch limit by 20 percent or greater unless the
recommendation has been approved in a peer review
process conducted exclusively by non-governmental
entities.''; and
(2) in subsection (h)(7)--
(A) by striking ``and'' after the semicolon at the
end of subparagraph (B); and
(B) by adding at the end the following:
``(D) be submitted to Congress; and''.
SEC. 3. EXTENSION OF TIME PERIOD FOR REBUILDING CERTAIN OVERFISHED
FISHERIES.
Section 304(e) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(e)(4)) is amended--
(1) in paragraph (4)(A)--
(A) in clause (i), by striking ``possible'' and
inserting ``practicable''; and
(B) by amending clause (ii) to read as follows:
``(ii) not exceed 10 years, except in cases
where--
``(I) the biology of the stock of
fish, other environmental conditions,
or management measures under an
international agreement in which the
United States participates dictate
otherwise;
``(II) the Secretary determines
that such 10-year period should be
extended because the cause of the
fishery decline is outside the
jurisdiction of the Council or the
rebuilding program cannot be effective
only by limiting fishing activities;
``(III) the Secretary determines
that such 10-year period should be
extended to provide for the sustained
participation of fishing communities or
to minimize the economic impacts on
such communities, provided that there
is evidence that the stock of fish is
on a positive rebuilding trend;
``(IV) the Secretary determines
that such 10-year period should be
extended for one or more stocks of fish
of a multi-species fishery, provided
that there is evidence that those
stocks are on a positive rebuilding
trend;
``(V) the Secretary determines that
such 10-year period should be extended
because of a substantial change to the
biomass rebuilding target for the stock
of fish concerned after the rebuilding
plan has taken effect; or
``(VI) the Secretary determines
that such 10-year period should be
extended because the biomass rebuilding
target exceeds the highest abundance of
the stock of fish in the 25-year period
preceding and there is evidence that
the stock is on a positive rebuilding
trend;''; and
(2) in paragraph (7), in the matter preceding subparagraph
(A), by inserting after the first sentence the following: ``In
evaluating progress to end overfishing and to rebuild
overfished stocks of fish, the Secretary shall review factors,
other than commercial fishing and recreational fishing, that
may contribute to a stock of fish's overfished status, such as
commercial, residential, and industrial development of, or
agricultural activity in, coastal areas and their impact on the
marine environment, predator/prey relationships of target and
related species, and other environmental and ecological changes
to the marine conditions.''; and
(3) by adding at the end the following:
``(8) If the Secretary determines that extended rebuilding
time is warranted under subclause (III), (IV), (V), or (VI) of
paragraph (4)(A)(ii), the maximum time allowed for rebuilding
the stock of fish concerned may not exceed the sum of the
following time periods:
``(A) The initial 10-year rebuilding period.
``(B) The expected time to rebuild the stock absent
any fishing mortality and under prevailing
environmental conditions.
``(C) The mean generation time of the stock.
``(9) In this subsection the term `on a positive rebuilding
trend' means that the biomass of the stock of fish has shown a
substantial increase in abundance since the implementation of
the rebuilding plan.''.
SEC. 4. DEADLINE FOR DISASTER DECLARATIONS.
Section 312(a)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a) is amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by redesignating subparagraphs (A) through (C),
respectively, as clauses (i) through (iii); and
(3) by adding at the end the following:
``(B) When acting on the request of the Governor of an affected
State or a fishing community, the Secretary shall make the
determination not later than 60 days after the date on which the
Secretary receives the request.''.
SEC. 5. APPROVAL OF LIMITED ACCESS PRIVILEGE PROGRAMS.
(a) Initiation by Eligible Fishermen.--Section 303A(c)(6)(D) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1853a(c)(6)) is amended to read as follows:
``(D) New england, mid-atlantic, south atlantic,
and gulf initiation.--
``(i) In general.--In the case of a fishery
under the authority of the New England, Mid-
Atlantic, South Atlantic, or Gulf of Mexico
Fishery Management Council, a fishery
management plan or an amendment to a fishery
management plan that would establish a limited
access privilege program to harvest fish may
not take effect unless--
``(I) a petition requesting
development of such a program is
submitted in accordance with clause
(ii) and certified under clause (iii);
and
``(II) the proposed plan or
amendment has been approved by a vote
of two-thirds of eligible fishermen in
the fishery for which the program would
be established.
``(ii) Petition.--A group of fishermen
constituting more than 50 percent of eligible
fishermen in a fishery may submit a petition to
the Secretary requesting the development of a
limited access privilege program for the
fishery. Any such petition shall clearly state
the fishery to which the limited access
privilege program would apply.
``(iii) Certification by secretary.--Upon
the receipt of any such petition, the Secretary
shall review all of the signatures on the
petition and, if the Secretary determines that
the signatures on the petition are those of
more than 50 percent of eligible fishermen in
the fishery for which the program would be
established, the Secretary shall certify the
petition.
``(iv) Definition of eligible fishermen.--
For purposes of this subparagraph, the term
`eligible fishermen' means holders of permits
issued under a fishery management plan.''.
(b) Termination After Five Years.--Section 303A of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is
amended by adding at the end the following:
``(j) Termination.--A limited access privilege program for a
fishery under the authority of the New England, Mid-Atlantic, South
Atlantic, or Gulf of Mexico Fishery Management Council shall terminate
at the end of the five-year period beginning on the date that the
program is established unless at least two-thirds of eligible fishermen
(as defined in subsection (c)(6)) in the fishery to which the program
applies approve the continuation of the program.''.
SEC. 6. CERTIFICATION REQUIRED FOR FISHERY CLOSURE.
(a) Secretarial Requirements.--
(1) Certification requirement.--Section 303 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853) is amended by adding at the end the following:
``(d) Certification Required for Fishery Closure.--(1) The
Secretary may not implement a closure of a fishery that would have a
direct or indirect affect of at least $50,000 on each of more than 25
small businesses that do business related to the recreational, charter,
or commercial fishing industries involved in the fishery being closed,
unless the Secretary certifies that--
``(A) the closure is the only option available for
maintaining the fishery at a sustainable level;
``(B) the stock assessment for the fishery has been
updated and peer reviewed within the preceding 3-year
period; and
``(C) the stock assessment was developed using at
least 2 models that were subjected to outside peer
review by non-governmental entities prior to such use.
``(2) In this subsection, the term `small business' means any
business that has had gross revenues of less than $500,000 per year for
a minimum of three years.''.
(2) Application to existing closures.--The Secretary
shall--
(A) review any fishery closure for which notice was
published in the Federal Register within the 2-year
period preceding the date of enactment of this Act,
and--
(i) within the 60-day period beginning on
such date of enactment, make the certification
described in the amendment made by subsection
(a)(1) with respect to such closure; or
(ii) within the 90-day period beginning on
such date of enactment, review and implement
options other than closure for maintaining the
fishery at a sustainable level;
(B) review the effects of each such closure on
coastal communities, including--
(i) the direct and indirect impact of the
closure on all affected small businesses in
such communities;
(ii) the job losses as a result of the
closure that have already occurred in such
communities; and
(iii) the job losses as a result of the
closure that are expected to occur in such
communities within the 1-year period beginning
on the date the review is initiated; and
(C) report to Congress on the actions taken under
the amendment made by subsection (a)(1) or this
paragraph for each such closure.
(b) Report to Congress.--The Secretary shall report to Congress by
not later than 120 days after the date of enactment of this Act on--
(1) the number of fishery closures that were established
within the 5-year period preceding such date of enactment;
(2) the reason for each such closure;
(3) the duration of each such closure;
(4) the impact of each such closure on coastal communities;
and
(5) the expected duration of each such closure.
(c) Definitions.--In this section:
(1) Fishery.--The term ``fishery'' has the meaning given
that term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the National Oceanic and
Atmospheric Administration.
(3) Small business.--The term ``small business'' means any
business that has had gross revenues of less than $500,000 per
year for a minimum of three years. | American Angler Preservation Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require each scientific and statistical committee of the eight Regional Fishery Management Councils to provide its respective Council with ongoing risk neutral scientific advice (current law does not specify that such advice be risk neutral) for fishery management decisions.
Prohibits such a committee from recommending to increase or decrease an annual catch limit by 20% or greater unless the recommendation has been approved in a peer review process conducted exclusively by nongovernmental entities.
Requires fishery management plans, amendments, or regulations for overfished fisheries to specify a time period for ending overfishing and rebuilding the fishery that is as short as practicable (under current law, as short as possible). Modifies the exceptions to the requirement that such period not exceed ten years.
Requires consideration, in evaluating progress to end overfishing and rebuild overfished stocks, of factors other than commercial and recreational fishing.
Requires, when the Secretary of Commerce extends the rebuilding period under specified provisions, that the maximum rebuilding time not exceed the sum of the initial ten-year period, the expected time to rebuild the stock absent any fishing mortality and under prevailing environmental conditions, and the mean generation time of the stock.
Directs the Secretary, within 60 days after receiving a request from the governor of an affected state or a fishing community, to determine whether there is a commercial fishery failure due to a fishery resource disaster resulting from certain causes.
Sets forth procedures for certification of a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council.
Prohibits the Secretary, acting through the National Oceanic and Atmospheric Administration (NOAA), from closing a fishery that would have an affect of at least $50,000 on each of more than 25 small businesses related to the recreational, charter, or commercial fishing industries involved in the fishery being closed, unless the Secretary certifies that specified conditions have been met. | {"src": "billsum_train", "title": "To amend the Magnuson-Stevens Fishery Conservation and Management Act to preserve jobs and coastal communities through transparency and accountability in fishery management, and for other purposes."} | 2,558 | 481 | 0.583772 | 1.801278 | 0.890014 | 3.756219 | 5.820896 | 0.850746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traveling Exotic Animal and Public
Safety Protection Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) conditions inherent to traveling performances,
including constant travel, temporary and collapsible
facilities, and the prolonged confinement and physical coercion
of animals, subject exotic and wild animals to compromised
welfare and chronic stress, and present public and worker
health and safety risks not adequately addressed by current
regulation;
(2) current regulatory oversight of traveling performances
is complex and costly, and these costs are not typically
recouped via licensing fees, but are left to the American
taxpayer;
(3) the frequent mobility of traveling performances
complicates oversight such that agencies and authorities cannot
properly monitor, evaluate, or follow through regarding the
condition of animals or facilities, or their history of
potential injuries, incidents, illnesses, violations, or other
issues, and so cannot properly protect animals, workers, or the
public;
(4) traveling exotic and wild animal performances use
collapsible, temporary, mobile facilities, which risk escape
and serious harm to animals, workers, and the public;
(5) traveling exotic and wild animal performances present
safety risks by permitting or not preventing public contact and
by displaying animals in inappropriate, uncontrolled areas in
dangerous proximity to humans and other animals;
(6) exotic and wild animals have intrinsic value; their
wild instincts and needs are unpredictable and are not
naturally suited to traveling performances, and they suffer as
a result of being unable to fulfill instinctive natural
behaviors;
(7) exotic and wild animals used in traveling performances
suffer severe and extended confinement, and, deprived of
natural movements and behaviors, are prone to chronic stress,
behavioral, health, and psychological problems;
(8) exotic and wild animals are forced to perform unnatural
tricks requiring extreme physical coercion, including, but not
limited to the use of food and water restrictions, electric
shock devices, bullhooks, metal bars, whips, shovels, and
pitchforks, among other abuses;
(9) it is not necessary to use exotic or wild animals in
traveling performances to experience the circus or similar
events;
(10) using exotic or wild animals as commodities traded for
traveling performances adds nothing to the understanding and
conservation of such animals and the natural environment, and
actually undermines conservation efforts necessary to protect
threatened and endangered species;
(11) it is not possible to provide or ensure public and
worker safety or appropriate physical and mental welfare for
exotic and wild animals under the traveling performance
business model, which inherently and significantly restricts
animals' natural movements and behaviors, and where abuse is
prevalent and oversight problematic;
(12) the use of exotic or wild animals in traveling
performances is or substantially affects interstate or foreign
commerce, or the free flow thereof; it is essential to regulate
such activities to assure animals' humane care and treatment;
and
(13) restricting the use of exotic and wild animals in
traveling performances is the most cost-effective and efficient
way to safeguard animals, workers, and the public.
SEC. 3. USE OF EXOTIC OR WILD ANIMALS IN TRAVELING PERFORMANCES.
Section 13 of the Animal Welfare Act (7 U.S.C. 2143) is amended by
adding at the end the following:
``(i)(1) No person shall cause a performance of, or allow for the
participation of, an exotic animal or wild animal in a traveling animal
act.
``(2) Paragraph (1) shall not apply to the use of an exotic animal
or wild animal--
``(A) in an exhibition at a nonmobile, permanent
institution, facility, zoo, or aquarium accredited by the
Association of Zoos & Aquariums or the Global Federation of
Animal Sanctuaries, or a wildlife sanctuary;
``(B) as part of an environmental education program by a
facility accredited by the Association of Zoos & Aquariums, if
the animal used for such purposes is not so used for more than
6 months in any year and is not kept in a mobile or traveling
housing facility for more than 12 hours in any day;
``(C) by a university, college, laboratory, or other
research facility registered with the Secretary pursuant to
section 6 for the purpose of conducting research;
``(D) in film, television, or advertising, if such use does
not involve a live animal exhibition conducted before a public
studio audience; or
``(E) in a rodeo.
``(3) Paragraph (1) shall not apply to domestic animals or farm
animals.
``(4) For the purposes of this subsection:
``(A) Cause a performance.--The term `cause a performance'
means to be responsible for a performance, to financially
benefit as an owner or operator from a performance, or to
sponsor a performance.
``(B) Domestic animal.--The term `domestic animal' means
any animal that is normally maintained as a companion or pet
animal in or near the household of the owner or person who
cares for the animal, such as a domestic dog (including a
service dog), domestic cat, ferret, gerbil, horse, mouse, rat,
guinea pig, rabbit, or hamster, but does not include any exotic
animal or wild animal.
``(C) Environmental education program.--The term
`environmental education program' means an animal exhibition
that is professionally designed to impart knowledge or
information for educational or conservation purposes about that
animal's natural behavior, habitat, life cycle, or similar
pedagogical information, conducted by an individual qualified
to impart such information, which does not include any
performance of behavior that does not naturally occur for that
animal in the wild state.
``(D) Exotic animal.--The term `exotic animal' means any
animal that is not a domestic animal or farm animal, that is
native to a foreign country or of foreign origin or character,
is not native to the United States, or was introduced from
abroad, whether wild-born or captive-bred, and any hybrid of
such an animal, including hybrid crosses with a domestic animal
or farm animal, including but not limited to animals such as--
``(i) cetartiodactyla (excepting alpacas, bison,
cattle, deer, elk, goats, llamas, reindeer, swine, and
sheep);
``(ii) felidae (excepting domestic cats);
``(iii) marsupialia;
``(iv) nonhuman primates;
``(v) perissodactyla (excepting horses, donkeys,
and mules);
``(vi) pinnipedia;
``(vii) proboscidea;
``(viii) ratites (excepting ostriches, emus, and
rheas); and
``(ix) ursidae.
``(E) Farm animal.--The term `farm animal' means any
domestic species of alpacas, cattle, sheep, swine, goats,
llamas, poultry, or horses, which are normally and have
historically, been kept and raised on farms in the United
States, and used or intended for use as food or fiber, or for
improving animal nutrition, breeding, management, or production
efficiency, or for improving the quality of food or fiber. This
term also includes animals such as rabbits, mink, and
chinchilla, when they are used solely for purposes of meat or
fur, and animals such as horses and llamas when used solely as
work and pack animals. The term does not include exotic animals
or wild animals.
``(F) Mobile or traveling housing facility.--The term
`mobile or traveling housing facility' means a transporting
vehicle such as a truck, car, trailer, airplane, ship, or
railway car, used to transport or house animals while traveling
to, from, or between locations for performance purposes.
``(G) Performance.--The term `performance' means any animal
act, circus, ride, carnival, parade, race, performance, or
similar undertaking in which animals are required to perform
tricks, give rides, or participate as accompaniments for the
entertainment, amusement, or benefit of an audience.
``(H) Traveling animal act.--The term `traveling animal
act' means any performance of animals where such animals are
transported to, from, or between locations for the purpose of
such performance, in a mobile or traveling housing facility.
``(I) Wild animal.--The term `wild animal' means any animal
that is not a domestic animal or farm animal, which is now or
has historically been found in the wild or in the wild state,
within the boundaries of the United States, its territories, or
possessions, whether wild-born or captive-bred, and any hybrid
of such an animal, including hybrid crosses with a domestic
animal or farm animal, including but not limited to animals
such as--
``(i) cetartiodactyla (excepting alpacas, bison,
cattle, deer, elk, goats, llamas, reindeer, swine, and
sheep);
``(ii) felidae (excepting domestic cats);
``(iii) marsupialia;
``(iv) perissodactyla (excepting horses, donkeys,
and mules);
``(v) pinnipedia;
``(vi) ratites (excepting ostriches, emus, and
rheas); and
``(vii) ursidae.
``(J) Wildlife sanctuary.--The term `wildlife sanctuary'
means an organization described in sections 170(b)(1)(A)(vi)
and 501(c)(3) of the Internal Revenue Code 1986 that does not--
``(i) engage in commercial trade in any exotic or
wild animal, including the sale of any animal, animal
part or derivative, offspring, photographic
opportunities, or public events for financial profit or
any other entertainment purpose;
``(ii) breed any exotic or wild animal;
``(iii) permit unescorted public visitation;
``(iv) permit direct contact between the public and
any exotic or wild animal; or
``(v) remove any exotic or wild animal from a
sanctuary or enclosure for exhibition or performance.
``(5) A person who fails to comply with this subsection shall be
subject to the enforcement and penalties provided for under sections
16, 19, and 29.''.
SEC. 4. RELATIONSHIP WITH OTHER LAW.
(a) This Act shall not be interpreted to--
(1) authorize the interstate transport of a threatened or
endangered species, which is prohibited under the Endangered
Species Act (16 U.S.C. 1538); or
(2) waive any requirement to comply with any regulation
issued under the Animal Welfare Act.
(b) The provisions of this Act shall be interpreted to be are in
addition to, and not in lieu of, any other laws protecting animal
welfare.
(c) This Act shall not be construed to limit any other Federal,
State, or local law or rule that more strictly protects the welfare of
animals.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date that
is 1 year after the date of the enactment of this Act. | Traveling Exotic Animal and Public Safety Protection Act This bill amends the Animal Welfare Act to establish a prohibition on the use of exotic or wild animals in performances (e.g., circus, ride, carnival, or parade) of a traveling animal act. The prohibition does not apply to the use of animals in: (1) zoos; (2) aquariums; (3) research facilities; (4) film, television, or advertising, if the performance is not before a public studio audience; or (5) rodeos. The prohibition also does not apply to domestic animals or farm animals. | {"src": "billsum_train", "title": "Traveling Exotic Animal and Public Safety Protection Act"} | 2,519 | 126 | 0.528233 | 1.511725 | 0.542023 | 3.53913 | 20.234783 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory Sunset Act
of 2014''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``agency'' has the meaning given the term in
section 551 of title 5, United States Code;
(2) the term ``covered rule'' means any rule or group of
rules--
(A) for which an agency is required to prepare a
regulatory flexibility analysis under section 603 or
604 of title 5, United States Code; and
(B) that is a major rule;
(3) the term ``major rule'' has the meaning given the term
in section 804 of title 5, United States Code; and
(4) the terms ``rule'' and ``small entity'' have the
meanings given those terms in section 601 of title 5, United
States Code.
SEC. 3. PERIODIC REVIEW OF PREEXISTING SMALL BUSINESS REGULATIONS.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a)(1) Not later than 180 days after the date of enactment of the
Small Business Regulatory Sunset Act of 2014, each agency shall
establish a plan for the periodic review of--
``(A) each rule issued by the agency that the head of the
agency determines has a significant economic impact on a
substantial number of small entities, without regard to whether
the agency performed an analysis under section 604 with respect
to the rule; and
``(B) any small entity compliance guide required to be
published by the agency under section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601
note).
``(2) In reviewing rules and small entity compliance guides under
paragraph (1), the agency shall determine whether the rules and guides
should--
``(A) be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any significant
adverse economic impacts on a substantial number of small
entities (including an estimate of any adverse impacts on job
creation and employment by small entities); or
``(B) continue in effect without change.
``(3) Each agency shall publish the plan established under
paragraph (1) in the Federal Register and on the Web site of the
agency.
``(4) An agency may amend the plan established under paragraph (1)
at any time by publishing the amendment in the Federal Register and on
the Web site of the agency.
``(b) Each plan established under subsection (a) shall provide
for--
``(1) the review of each rule and small entity compliance
guide described in subsection (a)(1) in effect on the date of
enactment of the Small Business Regulatory Sunset Act of 2014--
``(A) not later than 9 years after the date of
publication of the plan in the Federal Register; and
``(B) every 9 years thereafter; and
``(2) the review of each rule adopted and small entity
compliance guide described in subsection (a)(1) that is
published after the date of enactment of the Small Business
Regulatory Sunset Act of 2014--
``(A) not later than 9 years after the publication
of the final rule in the Federal Register; and
``(B) every 9 years thereafter.
``(c) In reviewing rules under the plan required under subsection
(a), the agency shall consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State and local rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such a calculation cannot be made;
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the economic impact of the rule, including--
``(A) the estimated number of small entities to
which the rule will apply;
``(B) the estimated number of small entity jobs
that will be lost or created due to the rule; and
``(C) the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule,
including--
``(i) an estimate of the classes of small
entities that will be subject to the
requirement; and
``(ii) the type of professional skills
necessary for preparation of the report or
record.
``(d)(1) Each agency shall submit an annual report regarding the
results of the review required under subsection (a) to--
``(A) Congress; and
``(B) in the case of an agency that is not an independent
regulatory agency (as defined in section 3502(5) of title 44),
the Administrator of the Office of Information and Regulatory
Affairs of the Office of Management and Budget.
``(2) Each report required under paragraph (1) shall include a
description of any rule or small entity compliance guide with respect
to which the agency made a determination of infeasibility under
paragraph (5) or (6) of subsection (c), together with a detailed
explanation of the reasons for the determination.
``(e) Each agency shall publish in the Federal Register and on the
Web site of the agency a list of the rules and small entity compliance
guides to be reviewed under the plan required under subsection (a) that
includes--
``(1) a brief description of each rule or guide;
``(2) for each rule, the reason why the head of the agency
determined that the rule has a significant economic impact on a
substantial number of small entities (without regard to whether
the agency had prepared a final regulatory flexibility analysis
for the rule); and
``(3) a request for comments from the public, the Chief
Counsel for Advocacy of the Small Business Administration, and
the Regulatory Enforcement Ombudsman concerning the enforcement
of the rules or publication of the guides.
``(f)(1) Not later than 6 months after each date described in
paragraphs (1) and (2) of subsection (b), the Inspector General for
each agency shall--
``(A) determine whether the agency has conducted the review
required under subsection (b) appropriately; and
``(B) notify the head of the agency of--
``(i) the results of the determination under
subparagraph (A); and
``(ii) any issues preventing the Inspector General
from determining that the agency has conducted the
review under subsection (b) appropriately.
``(2)(A) Not later than 6 months after the date on which the head
of an agency receives a notice under paragraph (1)(B) that the agency
has not conducted the review under subsection (b) appropriately, the
agency shall address the issues identified in the notice.
``(B) Not later than 30 days after the last day of the 6-month
period described in subparagraph (A), the Inspector General for an
agency that receives a notice described in subparagraph (A) shall--
``(i) determine whether the agency has addressed the issues
identified in the notice; and
``(ii) notify Congress if the Inspector General determines
that the agency has not addressed the issues identified in the
notice.
``(C) Not later than 30 days after the date on which the Inspector
General for an agency transmits a notice under subparagraph (B)(ii), an
amount equal to 1 percent of the amount appropriated for the fiscal
year to the appropriations account of the agency that is used to pay
salaries shall be rescinded.
``(D) Nothing in this paragraph may be construed to prevent
Congress from acting to prevent a rescission under subparagraph (C).''.
SEC. 4. SUNSET OF NEW SMALL BUSINESS REGULATIONS.
(a) In General.--Except as provided in subsection (b) and beginning
on the date of enactment of this Act, each covered rule promulgated by
an agency shall cease to have effect on the date that is 7 years after
the date on which the final version of the covered rule is published.
(b) Extension of Rule.--
(1) In general.--Before the end of the 7-year period
described in subsection (a), an agency may take action to renew
a covered rule in accordance with the process described in
paragraph (2) and if such action is taken, the covered rule
shall remain in effect until modified or repealed by the agency
action or statute.
(2) Renewal process.--
(A) In general.--An agency may renew a covered rule
by using the notice and comment rulemaking process.
(B) Requirements.--In conducting a rulemaking to
renew a covered rule under subparagraph (A), an agency
shall--
(i) solicit and respond to public comment
from entities affected by the covered rule;
(ii) compare the projected costs of the
covered rule to the actual costs realized by
implementation of the covered rule and
determine whether modifications can be made to
the covered rule to lower the cost of the
covered rule;
(iii) consider whether any regulatory
alternatives exist that would accomplish the
same regulatory objective as the covered rule
with less of an impact on affected small
entities; and
(iv) make modifications to the covered
rule, if necessary, to reflect--
(I) comments solicited under clause
(i);
(II) modifications described in
clause (ii); and
(III) any regulatory alternatives
described in clause (iii). | Small Business Regulatory Sunset Act of 2014 - Requires each federal agency to establish a plan for the periodic review (every nine years) of: (1) its rules that have a significant economic impact on a substantial number of small entities, and (2) any small entity compliance guide required to be published by an agency. Sets forth criteria for review of a rule, including the continued need for the rule, the complexity of the rule, and the economic impact of the rule on small entities. Requires: (1) each agency to publish in the Federal Register and on the agency website a list of the rules and small entity compliance guides to be reviewed under the plan, and (2) the agency Inspector General to determine whether the agency has conducted the required review. Provides that each covered rule (i.e., any rule for which an agency is required to prepare a regulatory flexibility analysis and which is a major rule) promulgated by an agency shall cease to have effect seven years after the final version of such rule is published unless renewed by the agency using the notice and comment rulemaking process. | {"src": "billsum_train", "title": "Small Business Regulatory Sunset Act of 2014"} | 2,151 | 232 | 0.684465 | 1.824497 | 0.856583 | 4.596244 | 10.098592 | 0.943662 |
TITLE I--ADDITION OF CAT ISLAND TO GULF ISLANDS NATIONAL SEASHORE
SEC. 101. BOUNDARY ADJUSTMENT TO INCLUDE CAT ISLAND.
(a) In General.--The first section of Public Law 91-660 (16 U.S.C.
459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--Upon its acquisition by the Secretary,
the area described in this paragraph is the parcel consisting
of approximately 2,000 acres of land on Cat Island,
Mississippi, as generally depicted on the map entitled
`Boundary Map, Gulf Islands National Seashore, Cat Island,
Mississippi', numbered 635/80085, and dated November 9, 1999
(referred to in this title as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660 (16
U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a
willing seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of
ordinary high tide, lying and being situated in
Harrison County, Mississippi;
``(B) an easement over the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map for the purpose of implementing an agreement
with the owners of the parcel concerning the
development and use of the parcel; and
``(C)(i) land and interests in land on Cat Island
outside the 2,000-acre area depicted on the Cat Island
Map; and
``(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in this title as the
`buffer zone'), except that submerged land owned by the
State of Mississippi (or a subdivision of the State)
may be acquired only by donation.
``(2) Administration.--
``(A) In general.--Land and interests in land
acquired under this subsection shall be administered by
the Secretary, acting through the Director of the
National Park Service.
``(B) Buffer zone.--Nothing in this title or any
other provision of law shall require the State of
Mississippi to convey to the Secretary any right,
title, or interest in or to the buffer zone as a
condition for the establishment of the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection only after completion of the
acquisition.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660 (16
U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--Nothing in
this title or any other provision of law shall affect any right of the
State of Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities
(including shrimping), in any area that, on the date of enactment of
this subsection, is outside the designated boundary of the seashore
(including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of Public
Law 91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into
agreements--
``(A) with the State of Mississippi for the
purposes of managing resources and providing law
enforcement assistance, subject to authorization by
State law, and emergency services on or within any land
on Cat Island and any water and submerged land within
the buffer zone; and
``(B) with the owners of the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map concerning the development and use of the
land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce Federal
regulations outside the land area within the designated
boundary of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public Law 91-
660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition to the
funds authorized by subsection (a), there are authorized to be
appropriated such sums as are necessary to acquire land and submerged
land on and adjacent to Cat Island, Mississippi.''.
TITLE II--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pecos National Historical Park
Land Exchange Act of 2000''.
SEC. 202. DEFINITIONS.
As used in this title--
(1) the term ``Secretaries'' means the Secretary of the
Interior and the Secretary of Agriculture;
(2) the term ``landowner'' means Harold and Elisabeth
Zuschlag, owners of land within the Pecos National Historical
Park; and
(3) the term ``map'' means a map entitled ``Proposed Land
Exchange for Pecos National Historical Park'', numbered 430/
80,054, and dated November 19, 1999, revised September 18,
2000.
SEC. 203. LAND EXCHANGE.
(a) Upon the conveyance by the landowner to the Secretary of the
Interior of the lands identified in subsection (b), the Secretary of
Agriculture shall convey the following lands and interests to the
landowner, subject to the provisions of this title:
(1) Approximately 160 acres of Federal lands and interests
therein within the Santa Fe National Forest in the State of New
Mexico, as generally depicted on the map.
(2) The Secretary of the Interior shall convey an easement
for water pipelines to two existing well sites, located within
the Pecos National Historical Park, as provided in this
paragraph.
(A) The Secretary of the Interior shall determine
the appropriate route of the easement through Pecos
National Historical Park and such route shall be a
condition of the easement. The Secretary of the
Interior may add such additional terms and conditions
relating to the use of the well and pipeline granted
under this easement as he deems appropriate.
(B) The easement shall be established, operated,
and maintained in compliance with all Federal laws.
(b) The lands to be conveyed by the landowner to the Secretary of
the Interior comprise approximately 154 acres within the Pecos National
Historical Park as generally depicted on the map.
(c) The Secretary of Agriculture shall convey the lands and
interests identified in subsection (a) only if the landowner conveys a
deed of title to the United States, that is acceptable to and approved
by the Secretary of the Interior.
(d) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
title, the exchange of lands and interests pursuant to this
title shall be in accordance with the provisions of section 206
of the Federal Land Policy and Management Act (43 U.S.C. 1716)
and other applicable laws including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(2) Valuation and appraisals.--The values of the lands and
interests to be exchanged pursuant to this title shall be
equal, as determined by appraisals using nationally recognized
appraisal standards including the Uniform Appraisal Standards
for Federal Land Acquisition. The Secretaries shall obtain the
appraisals and insure they are conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition. The
appraisals shall be paid for in accordance with the exchange
agreement between the Secretaries and the landowner.
(3) Completion of the exchange.--The exchange of lands and
interests pursuant to this title shall be completed not later
than 180 days after National Environmental Policy Act
requirements have been met and after the Secretary of the
Interior approves the appraisals. The Secretaries shall report
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives upon the successful completion
of the exchange.
(4) Additional terms and conditions.--The Secretaries may
require such additional terms and conditions in connection with
the exchange of lands and interests pursuant to this title as
the Secretaries consider appropriate to protect the interests
of the United States.
(5) Equalization of values.--
(A) The Secretary of Agriculture shall equalize the
values of Federal land conveyed under subsection (a)
and the land conveyed to the Federal Government under
subsection (b)--
(i) by the payment of cash to the Secretary
of Agriculture or the landowner, as
appropriate, except that notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary of Agriculture may accept a cash
equalization payment in excess of 25 percent of
the value of the Federal land; or
(ii) if the value of the Federal land is
greater than the land conveyed to the Federal
government, by reducing the acreage of the
Federal land conveyed.
(B) Disposition of funds.--Any funds received by
the Secretary of Agriculture as cash equalization
payment from the exchange under this section shall be
deposited into the fund established by Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a) and shall be available for expenditure, without
further appropriation, for the acquisition of land and
interests in the land in the State of New Mexico.
SEC. 204. BOUNDARY ADJUSTMENT AND MAPS.
(a) Upon acceptance of title by the Secretary of the Interior of
the lands and interests conveyed to the United States pursuant to
section 203 of this title, the boundaries of the Pecos National
Historical Park shall be adjusted to encompass such lands. The
Secretary of the Interior shall administer such lands in accordance
with the provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to establish
a National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1, 2-4).
(b) The map shall be on file and available for public inspection in
the appropriate offices of the Secretaries.
(c) Not later than 180 days after completion of the exchange
described in section 203, the Secretaries shall transmit the map
accurately depicting the lands and interests conveyed to the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of Representatives.
Passed the Senate October 27 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Declares that the State of Mississippi shall not be required to convey to the Secretary any right, title, or interest in or to the buffer zone as a condition for the establishment of such buffer zone.
Retains State of Mississippi regulatory authority over maritime activities, including nonseashore fishing activities in areas outside the designated seashore boundary (including the buffer zone).
Authorizes the Secretary to enter into agreements with: (1) the State of Mississippi for law enforcement and resource management purposes; and (2) the owners of the "Boddie Family Tract."
Authorizes appropriations for land acquisition.
Title II: Pecos National Historical Park Land Exchange
- Pecos National Historical Park Land Exchange Act of 2000 - Provides for a land exchange between private landowners, the Secretary of the Interior, and the Secretary of Agriculture under which certain lands will be added to the Pecos National Historical Park in New Mexico in exchange for certain lands (and a related easement) within the Santa Fe National Forest in New Mexico. Requires the equalization of values of lands exchanged. | {"src": "billsum_train", "title": "Pecos National Historical Park Land Exchange Act of 2000"} | 2,766 | 234 | 0.443362 | 1.239825 | 0.616004 | 3.683168 | 12.267327 | 0.910891 |
SECTION 1. ANNUAL REPORT BY SECRETARY OF THE TREASURY.
Not later than March 1 of each year, the Secretary of the Treasury
shall submit to the Congress a report that identifies each country that
is a country of concern because the government of that country, or
persons or entities that are in, or are nationals of, that country, are
providing financial support for domestic terrorism or international
terrorism. The report shall include the information on which the
Secretary relied in determining whether or not each country is such a
country of concern.
SEC. 2. WITHHOLDING OF ASSISTANCE; WITHHOLDING OF ACCESS TO FINANCIAL
INSTITUTIONS; SPECIAL MEASURES.
(a) Withholding of Bilateral Assistance; Opposition to Multilateral
Development Assistance; Special Measures.--
(1) Bilateral assistance.--Fifty percent of the United
States assistance allocated each fiscal year in the report
required by section 653 of the Foreign Assistance Act of 1961
for each country of concern listed in the report submitted to
Congress under section 1 shall be withheld from obligation and
expenditure, except as provided in subsection (c). This
paragraph shall not apply with respect to a country if the
President determines that its application to that country would
be contrary to the national interest of the United States,
except that any such determination shall not take effect until
at least 15 days after the President submits written
notification of that determination to the appropriate
congressional committees in accordance with the procedures
applicable to reprogramming notifications under section 634A of
the Foreign Assistance Act of 1961.
(2) Multilateral assistance.--The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to vote, on and after March 1 of
each year, against any loan or other utilization of the funds
of their respective institution to or for any country of
concern listed in the report submitted under section 1, except
as provided in subsection (c). For purposes of this paragraph,
the term ``multilateral development bank'' means the
International Bank for Reconstruction and Development, the
International Development Association, the Inter-American
Development Bank, the Asian Development Bank, the African
Development Bank, and the European Bank for Reconstruction and
Development.
(3) Special measures.--The Secretary of the Treasury may
require domestic financial agencies to take 1 or more of the
special measures described in section 5318A(c) of title 31,
United States Code, with respect to a country of concern
identified in the most recent report submitted under section 1,
including financial institutions operating outside the United
States engaging in financial transactions in that country with
nationals or entities of that country, to the same extent as if
such country or financial institution were of primary money
laundering concern under such section 5318A.
(b) Certification Procedures.--
(1) What must be certified.--Subject to subsection (c), the
assistance withheld from a country pursuant to subsection
(a)(1) may be obligated and expended, the requirement of
subsection (a)(2) to vote against multilateral development bank
assistance to a country shall not apply, and subsection (a)(3)
shall not apply, if the President determines and certifies to
the Congress, at the time of the submission of the report
required by section 1, that--
(A) during the previous year the country has
cooperated fully with the United States, or has taken
adequate steps on its own, to terminate the provision
of financial support for domestic terrorism or
international terrorism, as the case may be, by the
government of that country or by persons or entities
that are in, or are nationals of, that country; or
(B) for a country that would not otherwise qualify
for certification under subparagraph (A), the vital
national interests of the United States require that
the assistance withheld pursuant to subsection (a)(1)
be provided, that the United States not vote against
multilateral development bank assistance for that
country pursuant to subsection (a)(2), and that
subsection (a)(3) not apply to that country.
(2) Information to be included in national interest
certification.--If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the
President shall include in such certification--
(A) a full and complete description of the vital
national interests placed at risk if United States
bilateral assistance to that country is terminated
pursuant to this section, multilateral development bank
assistance is not provided to such country, and special
measures are imposed under subsection (a)(3) with
respect to that country; and
(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national interests of the United States by the failure
of such country to cooperate fully with the United
States, or to take adequate steps on its own, to
terminate the provision of financial support for
domestic terrorism or international terrorism, as the
case may be.
(c) Congressional Review.--Subsection (d) shall apply if, within 30
calendar days after receipt of a certification submitted under
subsection (b) at the time of submission of the report required by
section 1, the Congress enacts a joint resolution disapproving the
determination of the President contained in such certification.
(d) Consequences for Countries Decertified.--If the President does
not make a certification under subsection (b) with respect to a country
or the Congress enacts a joint resolution disapproving such
certification, then until such time as the conditions specified in
subsection (e) are satisfied--
(1) funds may not be obligated for United States assistance
for that country, and funds previously obligated for United
States assistance for that country may not be expended for the
purpose of providing assistance for that country;
(2) the requirement to vote against multilateral
development bank assistance pursuant to subsection (a)(2) shall
apply with respect to that country, without regard to the date
specified in that subsection; and
(3) subsection (a)(3) shall apply with respect to that
country.
(e) Recertification.--Subsection (d) shall apply to a country
described in that subsection until--
(1) the President, at the time of submission of the report
required by section 1, makes a certification under subsection
(b)(1)(A) or (b)(1)(B) with respect to that country, and the
Congress does not enact a joint resolution under subsection (d)
disapproving the determination of the President contained in
that certification; or
(2) the President, at any other time, makes the
certification described in subsection (b)(1)(B) with respect to
that country, except that this paragraph applies only if
either--
(A) the President also certifies that--
(i) that country has undergone a
fundamental change in government; or
(ii) there has been a fundamental change in
the conditions that were the reason--
(I) why the President had not made
a certification with respect to that
country under subsection (b)(1)(A); or
(II) if the President had made such
a certification and the Congress
enacted a joint resolution disapproving
the determination contained in the
certification, why the Congress enacted
that joint resolution; or
(B) the Congress enacts a joint resolution
approving the determination contained in the
certification under subsection (b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss
the justification for the certification.
(f) Senate Procedures.--Any joint resolution under this section
shall be considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and Arms Export
Control Act of 1976.
SEC. 3. DEFINITIONS.
In this Act:
(1) Financial support.--The term ``financial support''
includes funds, currency or monetary instruments or financial
securities, and financial sources.
(2) Terrorism.--The terms ``domestic terrorism'' and
``international terrorism'' have the meanings given those terms
in section 2331 of title 18, United States Code. | Directs the Secretary of the Treasury to identify and report annually on countries of concern whose governments, nationals, or entities finance domestic or international terrorism.
Requires with respect to such countries: (1) withholding of 50 percent of bilateral assistance; and (2) withholding of access to financial institution multilateral assistance.
Authorizes the Secretary to require domestic financial institutions to take special measures with respect to a country of concern, including financial institutions operating outside the United States engaging in financial transactions in such country to the same extent as if such country or financial institution were of primary money laundering concern.
Exempts a country from such prohibitions if the President certifies to Congress that: (1) during the previous year the country has cooperated fully with the United States or has taken adequate steps to terminate financial support for terrorism; or (2) for a country that would not otherwise qualify for such certification, vital U.S. national interests apply. | {"src": "billsum_train", "title": "To require that certain measures be taken with respect to countries of concern regarding terrorist financing."} | 1,724 | 195 | 0.580074 | 1.711342 | 1.023898 | 3.625698 | 9.011173 | 0.932961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give Fans a Chance Act of 2001''.
SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION.
The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et
seq.), is amended by adding at the end the following:
``SEC. 7. CONDITIONAL APPLICATION OF ACT.
``(a) Inapplicability.--This Act shall not apply to a league of
clubs of a professional sport for any period during which any member
club of such league is--
``(1) subject to such league's requirement, or to an
agreement made by 2 or more member clubs of such league, that
forbids any of such clubs to transfer (by sale or otherwise) an
ownership interest of any kind in such club to any governmental
entity or to members of the general public; or
``(2) not in compliance with subsection (b) or (c).
``(b) Notice of Proposed Change in Community; Opportunities To
Respond to Proposed Relocation or Elimination.--
``(1) In general.--A member club that proposes to relocate,
or a league that proposes to relocate or eliminate a member
club, out of a community in the home territory of the member
club shall furnish notice of such proposed relocation or
elimination not later than 180 days before the commencement of
the season in which the club is to play home games in the
proposed new location.
``(2) Persons entitled to receive notice.--The notice
required by paragraph (1) shall be furnished to all interested
persons.
``(3) Requirements.--The notice shall--
``(A) be in writing and delivered in person or by
certified mail;
``(B) be made available to the news media;
``(C) be published in 1 or more newspapers of
general circulation within the club's home community;
and
``(D) contain--
``(i) an identification of the proposed new
home community of such club if applicable;
``(ii) a summary of the reasons for the
proposed relocation or elimination based on the
criteria listed in subsection (c); and
``(iii) the date on which the proposed
relocation or elimination would become
effective.
``(4) Opportunity to offer to purchase.--
``(A) In general.--During the 180-day notice period
specified in paragraph (1), a local government,
stadium, arena authority, person, or any combination thereof, may
prepare and present a proposal to purchase the club to retain the club
in the home community.
``(B) Membership in league.--If a bid under
subparagraph (A) is successful, the league of which the
club is a member shall not prohibit the club's
membership in the league on the basis that the club is
owned in whole or in part by several persons or
entities, or by 1 or more local governments.
``(5) Opportunity to induce club to stay.--During the 180-
day notice period specified in paragraph (1), the club (and the
league of which the club is a member) shall give a local
government, stadium authority, person, or any combination
thereof, the opportunity to prepare and present a proposal to
induce the club to remain in its home community.
``(6) Response.--The response of the owner of the club to
any offer made under paragraph (4) or (5) shall--
``(A) be in writing and delivered in person or by
certified mail; and
``(B) state in detail the reasons for refusal of
any bona fide offer.
``(7) Determination by league.--
``(A) In general.--The league of which the club is
a member shall make a determination, before the
expiration of the 180-day notice period specified in
paragraph (1), with respect to the relocation or
elimination of the club out of its home community.
``(B) Hearings.--In making a determination under
this paragraph, the league shall conduct a hearing at
which interested persons are afforded an opportunity to
present oral or written testimony regarding the
proposed relocation or elimination of the club. The
league shall keep a record of all such proceedings.
``(C) Consideration of proposals.--The league shall
take into account any inducement proposal that is
offered under paragraph (5).
``(8) Considerations.--In determining whether to approve or
disapprove the relocation or elimination of the club, the
league shall take into consideration the criteria listed in
subsection (c).
``(c) Criteria for Relocation or Elimination Decisions.--
Notwithstanding any other law, before making a decision to approve or
disapprove the relocation or elimination of a club out of its home
community, the league of which such club is a member shall take into
consideration--
``(1) the extent to which fan loyalty to and support for
the club has been demonstrated during the club's operation in
such community;
``(2) the degree to which the club has engaged in good
faith negotiations with appropriate persons concerning terms
and conditions under which the club would continue to play home
games in such community or elsewhere within the club's home
territory;
``(3) the degree to which the ownership or management of
the club has contributed to any circumstances that might
demonstrate the need for the relocation or elimination;
``(4) the extent to which the club, directly or indirectly,
received public financial support by means of any publicly
financed playing facility, special tax treatment, or any other
form of public financial support;
``(5) the adequacy of the stadium in which the club played
its home games in the previous season, and the willingness of
the stadium, arena authority, or local government to remedy any
deficiencies in the facility;
``(6) whether the club has incurred net operating losses,
exclusive of depreciation and amortization, sufficient to
threaten the continued financial viability of the club;
``(7) whether any other club in the league is located in
the same home community;
``(8) whether the club proposes to relocate to a community
that is the home community of another member club of the
league;
``(9) whether the stadium authority, if public, is opposed
to the proposed relocation or elimination; and
``(10) whether there is a bona fide investor offering fair
market value for the club and seeking to retain the club in
such community.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect on
the first day of the first month beginning more than 180 days after the
date of the enactment of this Act. | Give Fans a Chance Act of 2001 - Provides that the antitrust exemption applicable to broadcasting agreements made by professional sports leagues shall not apply to a league for any period during which any member club is: (1) subject to a league's requirement or to an agreement made by two or more member clubs that forbids any of such clubs to transfer an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following relocation or elimination requirements.Requires a member club or a league to furnish notice of a proposed relocation of a club out of its home territory or of club elimination not later than 180 days before the commencement of the new season. Provides that, during the notice period: (1) a local government, stadium, arena authority, person, or any combination thereof (local government) may prepare and present a proposal to purchase the club to retain it in the home community; and (2) the club and the league shall give a local government the opportunity to present a proposal to induce the club to remain. Directs the league to make a determination, before the expiration of the notice period, regarding the relocation or elimination. Sets forth criteria for relocation or elimination decisions, including the extent to which fan loyalty to and support for the club has been demonstrated. | {"src": "billsum_train", "title": "To amend the Act of September 30, 1961, to limit the antitrust exemption applicable to broadcasting agreements made by leagues of professional sports, and for other purposes."} | 1,445 | 280 | 0.690389 | 1.899317 | 0.844816 | 4.848837 | 5.5 | 0.94186 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Endangered Species
Fair Regulatory Process Reform Act''.
(b) References to Endangered Species Act of 1973.--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 that section or provision of the Endangered Species Act (16
U.S.C. 1531 et seq.).
SEC. 2. LISTING PROCESS REFORMS.
(a) Petition Information.--Section 4(b)(3) (16 U.S.C. 1533(b)(3))
is amended by adding at the end the following:
``(E) In the case of a petition to add a species to either list
published under subsection (c), a finding that the petition presents
the information described in subparagraph (A) shall not be made unless
the petition provides--
``(i) documentation from a published scientific source that
the fish, wildlife, or plant that is the subject of the
petition is a species;
``(ii) a description of the available data on the
historical and current range and distribution of the species,
an explanation of the methodology used to collect the data, and
identification of the location where such data can be reviewed;
``(iii) an appraisal of the available data on the status
and trends of populations of the species;
``(iv) an appraisal of the available data on the threats to
the species;
``(v) an identification of the information contained or
referred to in the petition that has been peer-reviewed or
field-tested; and
``(vi) at least one study or credible expert opinion, from
a person not affiliated with the petitioner, to support the
action requested in the petition.''.
(b) Availability of Information Relating to Listing.--Section 4(b)
(16 U.S.C. 1533(b)) is amended by adding at the end the following:
``(9)(A) Upon publication of a proposed rule determining that a
species is an endangered species or threatened species, the Secretary
shall make publicly available all information on which the
determination is based, including all scientific studies and data
underlying those studies, and all information related to the species
the Secretary possesses that does not support the determination.
``(B) This paragraph does not require disclosure of any information
that--
``(i) is not subject to the requirements of section 552 of
title 5, United States Code (popularly known as the Freedom of
Information Act); or
``(ii) is prohibited from being disclosed under section
552a of title 5, United States Code (popularly known as the
Privacy Act).''.
(c) Peer Review Committees.--Section 4(b) (16 U.S.C. 1533) is
further amended by adding at the end the following:
``(10)(A) In the case of a regulation proposed by the Secretary to
implement a determination under subsection (a)(1) that any species is
an endangered species or a threatened species or that any species
currently listed as an endangered species or a threatened species
should be removed from any list published pursuant to subsection (c),
the Secretary shall provide for independent scientific peer review by--
``(i) selecting independent referees pursuant to
subparagraph (B);
``(ii) requesting the referees to conduct the review,
considering all relevant information, and make a recommendation
to the Secretary in accordance with this paragraph not later
than 150 days after the general notice is published pursuant to
paragraph (5)(A)(i).
``(B) Selection of Referees.--For each independent scientific
review to be conducted pursuant to subparagraph (A), the Secretary
shall select 3 independent referees from a list provided by the
National Academy of Sciences, who--
``(i) through publication of peer-reviewed scientific
literature or other means, have demonstrated scientific
expertise on the species or a similar species or other
scientific expertise relevant to the decision of the Secretary
under subsection (a);
``(ii) do not have, nor represent any person with, a
conflict of interest with respect to the determination that is
the subject of the review; and
``(iii) are not participants in a petition to list, change
the status of, or remove the species from a list under
subsection (c), or the proposed or final determination of the
Secretary.
``(C) The Secretary shall take one of the actions under paragraph
(6)(A) of this subsection not later than 1 year after the date of
publication of the general notice of the proposed determination. If the
referees have made a recommendation in accordance with clause (ii) of
subparagraph (A), the Secretary shall evaluate and consider the
information that results from the independent scientific review and
include in the final determination--
``(i) a summary of the results of the independent
scientific review; and
``(ii) in cases where the recommendation of a majority of
the referees who conducted the independent scientific review
under subparagraph (A) is not followed, an explanation as to
why the recommendation was not followed.
``(D) The referees selected pursuant to this paragraph shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.
(d) Establishment of Criteria for Scientific Studies To Support
Listing.--Section 4(b) (16 U.S.C. 1533(b)) is further amended by adding
at the end the following:
``(11) Within 1 year after the date of the enactment of this
paragraph, the Secretary shall issue rules that establish criteria that
must be met for scientific and commercial data to be used as the basis
of any determination under this section that a species is an endangered
species or threatened species or should be removed from a list
published under subsection (c).''.
(e) Field Data Required.--Section 4(b) (16 U.S.C. 1533(b)) is
further amended by adding at the end the following:
``(12)(A) The Secretary may not determine that a species is an
endangered species or threatened species unless the determination is
supported by data obtained by observation of the species in the field.
``(B) The Secretary shall--
``(i) accept and acknowledge receipt of data regarding the
status of a species, that is collected by the owner of land
through observation of the species on such land; and
``(ii) include such data in the rulemaking record for any
determination that the species is an endangered species or
threatened species, unless the data is refuted by other field-
collected data in the possession of the Secretary.''.
SEC. 3. FORMAL RULEMAKING PROCESS FOR LISTINGS.
(a) Formal Rulemaking Required.--Section 4(b)(4) (16 U.S.C.
1533(b)(4)) is amended--
(1) by striking ``Except as provided in'' and inserting
``(A) Except as provided in subparagraph (B) of this paragraph
and''; and
(2) by adding at the end the following:
``(B)(i) The Secretary shall make determinations referred to in
subsection (a)(1) and designations and revisions referred to in
subsection (a)(3) by a rule made on the record after an opportunity for
an agency hearing--
``(I) in the State in which the largest population of the
species exists; and
``(II) in the State for which the potential economic impact
of the determination, designation, or revision is greatest.
``(ii) A hearing under this subparagraph--
``(I) shall be initiated by the Secretary not later than 1
year after publication of notice of proposed rulemaking, and
shall be of not more than 30 days in duration; and
``(II) shall be conducted in accordance with sections 556
and 557 of title 5, United States Code.''.
(b) Conforming Amendment.--Section 4(b)(5) (16 U.S.C. 1533(b)(5))
is amended--
(1) in subparagraph (C) by adding ``and'' after the
semicolon;
(2) in subparagraph (D) by striking ``; and'' and inserting
a period; and
(3) by striking subparagraph (E).
SEC. 4. ENSURING ADEQUATE BASIS FOR REGULATORY ACTIONS.
Section 4 (16 U.S.C. 1533) is amended by adding at the end the
following:
``(j) Standard for Certain Actions.--(1) Notwithstanding section
706(2) of title 5, United States Code, the Secretary may not take an
action referred to in paragraph (2) unless that action is supported by
substantial evidence.
``(2) The actions referred to in paragraph (1) are the following:
``(A) A determination under subsection (a)(1) that a
species is an endangered species or threatened species.
``(B) The removal of a species from either of the lists
published under subsection (c).
``(C) The approval of a new or revised recovery plan under
subsection (f).''.
SEC. 5. ECONOMIC IMPACT ANALYSES.
Section 4 (16 U.S.C. 1533) is further amended by adding at the end
the following:
``(k) Economic Impact Analysis.--(1) The Secretary shall prepare
and publish with a final rule under subsection (a)(1) determining that
a species is an endangered species or threatened species, or under
subsection (b)(2) designating critical habitat for a species, an
analysis of the economic impacts of the rule.
``(2) An analysis under paragraph (1) for a determination that a
species is an endangered species or threatened species shall describe
the geographic area that will be affected by the determination,
including specification of privately owned property located in that
area.''.
SEC. 6. EXPERIMENTAL POPULATIONS.
Section 10(j) (16 U.S.C. 1539(j)) is amended by adding at the end
the following:
``(4)(A) The Secretary may not release any experimental population
on or affecting privately owned property except by a rulemaking.
``(B) Any rule issued under this paragraph shall--
``(i) identify the geographic area affected by the release;
``(ii) describe the need for the release; and
``(iii) the economic impacts of the release on private
landowners.''.
SEC. 7. EXPEDITIOUS CONSIDERATION OF INCIDENTAL TAKE PERMIT
APPLICATIONS.
Section 10(a) (16 U.S.C. 1539(a)) is amended by adding at the end
the following:
``(3) The Secretary shall approve or disapprove an application for
an incidental take permit under paragraph (1)(B) by not later than 90
days after the date the Secretary receives the application.
``(4)(A) If the Secretary disapproves an application for an
incidental take permit under paragraph (1)(B), the Secretary shall
provide the applicant notice in writing the specific reasons the
application was not approved and measures that, if included in the
amended application, would result in approval of the application.
``(B) If within 30 days after the date on which such notice is
provided the applicant submits an amended application that adequately
addresses the reasons for disapproval that are specified in the notice,
the Secretary shall promptly issue the permit.
``(5) The Secretary may not charge any fee for processing a permit
under paragraph (1)(B) in an amount that exceeds the incremental cost
to the United States of processing the permit.''. | Endangered Species Fair Regulatory Process Reform Act - Amends the Endangered Species Act of 1973 to direct the Secretary of the Interior, upon publication of a proposed rule determining that a species is endangered or threatened, to make public all information on which the determination is based, including information that does not support such determination (with certain Federal disclosure exceptions). Requires an independent scientific peer review before implementing a finding that any species is endangered or threatened, or that any species currently listed in such manner should be removed. Prohibits the Secretary from making any such determination unless it is supported by data obtained by species observation in the field.Directs the Secretary to make such determinations and revisions by a rule made on the record after opportunity for an agency hearing.Prohibits the Secretary from adding to or removing a species from such lists unless such action is supported by substantial evidence.Requires the Secretary to prepare and publish with a final rule an analysis of the economic impact of such rule.Prohibits the Secretary from releasing any experimental population on or affecting private property except by a rulemaking.Requires the Secretary to approve or disapprove an application for an incidental take permit within 90 days. | {"src": "billsum_train", "title": "To amend the Endangered Species Act of 1973 to reform the regulatory process under that Act."} | 2,639 | 274 | 0.533702 | 1.3879 | 0.782022 | 3.0181 | 10.769231 | 0.909502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Land Transfer Compensation
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) This Act is based on--
(A) the findings of a report prepared by the
Government Accountability Office (referred to in this
section as the ``GAO'') in May 2003, that found that
the District of Columbia has a structural fiscal
imbalance caused by Federal mandates; and
(B) a bill, the District of Columbia Fair Federal
Compensation Act of 2005, as introduced in this
Congress, that authorizes Federal compensation for this
structural imbalance.
(2) The GAO found that the District's structural imbalance
is the difference between the costs to the District of
providing an average level of services and the District's total
revenue capacity.
(3) In addition to the 2003 GAO study, two other studies
(McKinsey, March 2002, and Brookings, October 2002), also have
determined that the District of Columbia has a substantial
structural fiscal imbalance.
(4) The District's structural fiscal imbalance, is
exclusively Federal in origin and beyond the ability of the
District government to correct through improved management or
other means.
(5) The cost to the District of providing an average level
of services significantly exceeds--
(A) the national average, as well as the average of
all 50 States for providing such services; and
(B) the District's capacity to raise the necessary
revenue.
(6) The gap between the cost for average services and tax
revenue raised in the District is an annual structural
imbalance of between $470,000,000 and $1,100,000,000.
(7) The causes of the District's fiscal imbalance, in part,
are--
(A) the costs to the District of providing services
to the Federal Government;
(B) the tax exempt status of more than 40 percent
of real property in the District, which is either owned
or specifically exempted by the Federal Government; and
(C) the District's responsibility for the cost of
several State functions such as special education,
although the District is a city without the broad tax
base of a State.
(8) The District, to cover the cost of the structural
fiscal imbalance, assumes unique burdens that inhibit economic
and population stability and growth, including--
(A) a tax burden that ranks among the highest in
the country;
(B) the highest debt service in the country among
all of the State and local jurisdictions; and
(C) the inability to make major capital
improvements and investments in schools, roads, and
other necessary facilities.
(9) According to the GAO, the options available to address
the structural imbalance are--
(A) to expand the District's tax base;
(B) to provide additional Federal financial support
to the District; and
(C) to increase the role of the Federal Government
in helping the District maintain fiscal balance.
(10) The land transfers authorized in this Act would create
a significantly new revenue stream that would be equivalent to
a partial payment to the District for the annual structural
imbalance provided for in the District of Columbia Fair Federal
Compensation Act of 2005, as introduced in this Congress.
SEC. 3. PURPOSE.
The purpose of this Act is to provide an efficient mechanism for
the conveyance of Federal property to the District of Columbia in order
to decrease the structural imbalance by increasing the District's
taxable property base and opportunities by the District to pursue
economic development.
SEC. 4. CONVEYANCE OF RESERVATION 13 TO DISTRICT OF COLUMBIA.
(a) In General.--Subject to the requirements of this Act, the
Administrator of General Services shall convey to the District of
Columbia, without consideration, all right, title, and interest of the
United States in and to United States Reservation 13, the property
consisting of 65.73 acres of land in the District of Columbia bounded
by Independence Avenue Southeast on the north; 19th Street Southeast on
the west; G Street Southeast on the south; and United States
Reservation 343 on the east.
(b) Appraisal.--The Administrator, in consultation with the
District of Columbia, shall--
(1) not later than 30 days after the date of enactment of
this Act, conduct an appraisal of the property described in
subsection (a) based on fair market value; and
(2) not later than 180 days after the appraisal is
completed, transmit to Congress a report containing--
(A) the results of the appraisal, including an
estimate of all financial benefits to be generated on
an annual basis to the District of Columbia; and
(B) an assessment of the impact the conveyance will
have in reducing the structural financial imbalance of
the District.
SEC. 5. CONVEYANCE OF POPLAR POINT TO DISTRICT OF COLUMBIA.
(a) In General.--Subject to the requirements of this Act, the
Secretary of the Interior shall convey to the District of Columbia,
without consideration, all right, title, and interest of the United
States in and to Poplar Point, Anacostia Park, the property in the
District of Columbia bounded by the Anacostia River on the west; the
Weeks Memorial Bridge on the north; the Anacostia Freeway on the east;
and Howard Road and the Frederick Douglas Bridge on the south.
(b) Appraisal.--The Secretary, in consultation with the District of
Columbia, shall--
(1) not later than 30 days after the date of enactment of
this Act, conduct an appraisal of the property described in
subsection (a), including any improvements thereto, based on
fair market value; and
(2) not later than 180 days after the appraisal is
completed, transmit to Congress a report containing--
(A) the results of the appraisal, including an
estimate of all benefits to be generated on an annual
basis to the District of Columbia; and
(B) an assessment of the impact the conveyance will
have in reducing the structural financial imbalance of
the District.
SEC. 6. LIMITATIONS ON CONVEYANCES.
(a) In General.--A conveyance under section 4 or 5 shall contain
the covenants required by section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620).
(b) Limitation on Liability.--The United States shall not be liable
or responsible pursuant to subsection (a) for any additional remedial
action--
(1) with respect to hazardous substances not existing on
the property as of the date of conveyance, unless the presence
of such hazardous substances on the property was caused by the
United States; or
(2) caused, required, or arising out of actions of the
District of Columbia or any of the District's agents,
contractors, or assigns. | Fair Land Transfer Compensation Act - Requires the Administrator of General Services and the Secretary of the Interior to convey to the District of Columbia, without consideration, all right, title, and interest of the United States in and to U.S. Reservation 13 and Poplar Point, Anacostia Park, respectively.
Requires the Administrator and the Secretary each to: (1) conduct an appraisal of the property (including improvements if appropriate), based on fair market value; and (2) report to Congress on the results, including an estimate of all financial benefits to be generated on an annual basis to the District, and an assessment of the impact the conveyance will have in reducing the structural financial imbalance of the District.
Exempts the United States from any liability or responsibility pursuant to such transfer for any additional remedial action: (1) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused by the United States; or (2) caused, required, or arising out of actions of the District of Columbia or any of the District's agents, contractors, or assigns. | {"src": "billsum_train", "title": "To authorize the Administrator of General Services and the Secretary of the Interior to convey certain Federal property to the District of Columbia to increase the District's taxable property base as compensation for a structural fiscal imbalance caused by Federal mandates."} | 1,443 | 242 | 0.53609 | 1.832542 | 0.641936 | 6.754464 | 6.241071 | 0.950893 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Tax Revision Act
of 2005''.
(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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Election to include combat pay as earned income for purposes of
earned income credit.
Sec. 3. Cover over of tax on distilled spirits.
Sec. 4. Authority for undercover operations.
Sec. 5. Disclosures of certain tax return information.
Sec. 6. Deduction allowable with respect to income attributable to
domestic production activities in Puerto
Rico.
Sec. 7. Federal guarantee of certain State bonds.
Sec. 8. Certain tax relief related to Hurricanes Rita and Wilma.
Sec. 9. Gulf Coast Recovery Bonds.
SEC. 2. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR PURPOSES OF
EARNED INCOME CREDIT.
(a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) is
amended by striking ``January 1, 2006'' and inserting ``January 1,
2007''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
SEC. 3. COVER OVER OF TAX ON DISTILLED SPIRITS.
(a) In General.--Paragraph (1) of section 7652(f) (relating to
limitation on cover over of tax on distilled spirits) is amended by
striking ``January 1, 2006'' and inserting ``January 1, 2007''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to articles brought into the United States after December 31,
2005.
SEC. 4. AUTHORITY FOR UNDERCOVER OPERATIONS.
Paragraph (6) of section 7608(c) (relating to application of
section) is amended by striking ``January 1, 2006'' both places is
appears and inserting ``January 1, 2007''.
SEC. 5. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.
(a) Disclosures to Facilitate Combined Employment Tax Reporting.--
(1) In general.--Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to disclosures after December 31, 2005.
(b) Disclosures Relating to Terrorist Activities.--
(1) In general.--Clause (iv) of section 6103(i)(3)(C) and
subparagraph (E) of section 6103(i)(7) are each amended by
striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to disclosures after December 31, 2005.
(c) Disclosures Relating to Student Loans.--
(1) In general.--Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ``December 31,
2005'' and inserting ``December 31, 2006''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to requests made after December 31, 2005.
SEC. 6. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO
DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO.
(a) In General.--Subsection (d) of section 199 (relating to
definitions and special rules) is amended by redesignating paragraph
(7) as paragraph (8) and by inserting after paragraph (6) the following
new paragraph:
``(7) Treatment of activities in puerto rico.--In the case
of any taxpayer with gross receipts for any taxable year from
sources within the Commonwealth of Puerto Rico, if all of such
receipts are taxable under section 1 or 11 for such taxable
year, then for purposes of determining the domestic production
gross receipts of such taxpayer for such taxable year under
subsection (c)(4), the term `United States' shall include the
Commonwealth of Puerto Rico''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to taxable years beginning after December 31, 2005.
SEC. 7. FEDERAL GUARANTEE OF CERTAIN STATE BONDS.
(a) State Bonds Described.--This section shall apply to a bond
issued as part of an issue if--
(1) the issue of which such bond is part is an issue of the
State of Alabama, Louisiana, or Mississippi,
(2) the bond is a general obligation of the issuing State
and is in registered form,
(3) the proceeds of the bond are distributed to one or more
political subdivisions of the issuing State,
(4) the maturity of such bond does not exceed 5 years,
(5) the bond is issued after the date of the enactment of
this Act and before January 1, 2008, and
(6) the bond is designated by the Secretary of the Treasury
for purposes of this section.
(b) Application.--
(1) In general.--The Secretary of the Treasury may only
designate a bond for purposes of this section pursuant to an
application submitted to the Secretary by the State which
demonstrates the need for such designation on the basis of the
criteria specified in paragraph (2).
(2) Criteria.--For purposes of paragraph (1), the criteria
specified in this paragraph are--
(A) the loss of revenue base of one or more
political subdivisions of the State by reason of
Hurricane Katrina,
(B) the need for resources to fund infrastructure
within, or operating expenses of, any such political
subdivision,
(C) the lack of access of such political
subdivision to capital, and
(D) any other criteria as may be determined by the
Secretary.
(3) Guidance for submission and consideration of
applications.--The Secretary of the Treasury shall prescribe
regulations or other guidance which provide for the time and
manner for the submission and consideration of applications
under this subsection.
(c) Federal Guarantee.--A bond described in subsection (a) is
guaranteed by the United States in an amount equal to 50 percent of the
outstanding principal with respect to such bond.
(d) Aggregate Limit on Bond Designations.--The maximum aggregate
face amount of bonds which may be issued under this section shall not
exceed $3,000,000,000.
SEC. 8. CERTAIN TAX RELIEF RELATED TO HURRICANES RITA AND WILMA.
(a) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the taxable year which
includes the applicable date is less than the earned income of
the taxpayer for the preceding taxable year, the credits
allowed under sections 24(d) and 32 of the Internal Revenue
Code of 1986 may, at the election of the taxpayer, be
determined by substituting--
(A) such earned income for the preceding taxable
year, for
(B) such earned income for the taxable year which
includes the applicable date.
(2) Qualified individual.--For purposes of this
subsection--
(A) In general.--The term ``qualified individual''
means any qualified Hurricane Rita individual and any
qualified Hurricane Wilma individual.
(B) Qualified hurricane rita individual.--The term
``qualified Hurricane Rita individual'' means any
individual (other than a qualified Hurricane Katrina
individual) whose principal place of abode on September
23, 2005, was located--
(i) in the Rita GO Zone, or
(ii) in the Hurricane Rita disaster area
(but outside the Rita GO Zone) and such
individual was displaced from such principal
place of abode by reason of Hurricane Rita.
(C) Qualified hurricane wilma individual.--The term
``qualified Hurricane Wilma individual'' means any
individual (other than a qualified Hurricane Katrina
individual or a qualified Hurricane Rita individual)
whose principal place of abode on October 23, 2005, was
located--
(i) in the Wilma GO Zone, or
(ii) in the Hurricane Wilma disaster area
(but outside the Wilma GO Zone) and such
individual was displaced from such principal
place of abode by reason of Hurricane Wilma.
(D) Qualified hurricane katrina individual.--The
term ``qualified Hurricane Katrina individual'' has the
meaning given such term by section 406 of the Katrina
Emergency Tax Relief Act of 2005.
(3) Applicable date.--For purposes of this subsection, the
term ``applicable date'' means--
(A) in the case of a qualified Hurricane Rita
individual, September 23, 2005, and
(B) in the case of a qualified Hurricane Wilma
individual, October 23, 2005.
(4) Rita and wilma go zone; etc.--For purposes of this
subsection--
(A) Rita go zone.--The term ``Rita GO Zone'' means
that portion of the Hurricane Rita disaster area
determined by the President to warrant individual or
individual and public assistance from the Federal
Government under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act by reason of Hurricane
Rita.
(B) Hurricane rita disaster area.--The term
``Hurricane Rita disaster area'' means an area with
respect to which a major disaster has been declared by
the President, before October 6, 2005, under section
401 of such Act by reason of Hurricane Rita.
(C) Wilma go zone.--The term ``Wilma GO Zone''
means that portion of the Hurricane Wilma disaster area
determined by the President to warrant individual or
individual and public assistance from the Federal
Government under such Act by reason of Hurricane Wilma.
(D) Hurricane wilma disaster area.--The term
``Hurricane Wilma disaster area'' means an area with
respect to which a major disaster has been declared by
the President, before November 14, 2005, under section
401 of such Act by reason of Hurricane Wilma.
(5) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(6) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for a
taxable year which includes the applicable date--
(i) such paragraph shall apply if either
spouse is a qualified individual, and
(ii) the earned income of the taxpayer for
the preceding taxable year shall be the sum of
the earned income of each spouse for such
preceding taxable year.
(B) Uniform application of election.--Any election
made under paragraph (1) shall apply with respect to
both section 24(d) and section 32 of the Internal
Revenue Code of 1986.
(C) Errors treated as mathematical error.--For
purposes of section 6213 of the Internal Revenue Code
of 1986, an incorrect use on a return of earned income
pursuant to paragraph (1) shall be treated as a
mathematical or clerical error.
(D) No effect on determination of gross income,
etc.--Except as otherwise provided in this subsection,
the Internal Revenue Code of 1986 shall be applied
without regard to any substitution under paragraph (1).
(b) Secretarial Authority to Make Adjustments Regarding Taxpayer
and Dependency Status.--With respect to taxable years beginning in 2005
or 2006, the Secretary of the Treasury may make such adjustments in the
application of the internal revenue laws as may be necessary to ensure
that taxpayers do not lose any deduction or credit or experience a
change of filing status by reason of temporary relocations by reason of
Hurricane Rita or Hurricane Wilma. Any adjustments made under the
preceding sentence shall ensure that an individual is not taken into
account by more than one taxpayer with respect to the same tax benefit.
SEC. 9. GULF COAST RECOVERY BONDS.
It is the sense of the Congress that the Secretary of the Treasury,
or the Secretary's delegate, should designate one or more series of
bonds or certificates (or any portion thereof) issued under section
3105 of title 31, United States Code, as ``Gulf Coast Recovery Bonds''
in response to Hurricanes Katrina, Rita, and Wilma. | Tax Revision Act of 2005 - Amends the Internal Revenue Code to extend through 2006 the: (1) election to include combat zone compensation as earned income for purposes of calculating the earned income tax credit; (2) increased cover over (payment) of distilled spirits excise tax to the Treasuries of Puerto Rico and the Virgin Islands; (3) authority for certain Internal Revenue Service (IRS) undercover investigative operations; and (4) authority to disclose tax return information for combined employment tax reporting, for combating terrorist activities, and for student loan repayments.
Extends eligibility for the tax deduction for domestic production activities to such activities in Puerto Rico.
Grants a limited federal guarantee of bonds issued by the states of Alabama, Louisiana, or Mississippi for Hurricane Katrina relief.
Allows a taxpayer election to base eligibility for the earned income and child tax credit on earned income reported in a year preceding the year of Hurricanes Rita and Wilma. Authorizes the Secretary of the Treasury to adjust the application of tax laws to prevent taxpayers affected by Hurricanes Rita or Wilma from losing certain tax benefits.
Expresses the sense of Congress that the Secretary should designate a series of bonds as Gulf Coast Recovery Bonds in response to Hurricanes Katrina, Rita, and Wilma. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend certain expiring provisions, to provide certain hurricane-related tax relief, and for other purposes."} | 2,864 | 281 | 0.576749 | 1.777279 | 0.772777 | 2.579167 | 10.45 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Licensing Act of 2001''.
SEC. 2. STATE LICENSE REQUIRED TO RECEIVE A HANDGUN OR HANDGUN
AMMUNITION.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(z)(1) It shall be unlawful for any person to sell, deliver, or
otherwise transfer a handgun or handgun ammunition to an individual who
is not licensed under section 923 unless--
``(A) the transferor (or a licensed dealer, if State law so
directs or allows)--
``(i) has examined a valid handgun license issued
to the individual by the State in which the transaction
takes place, and an additional valid identification
document (as defined in section 1028) containing a
photograph of the individual; and
``(ii) has contacted the chief law enforcement
officer of the State, and been informed by the officer
that the handgun license has not been revoked; and
``(B)(i) 3 business days (meaning a day on which State
offices are open) have elapsed from the date on which the
transferor (or licensed dealer) received the information
described in subparagraph (A)(ii); or
``(ii) the individual has presented to the transferor (or
licensed dealer) a written document, issued not less than 10
days earlier by the chief law enforcement officer of the State
in which the individual resides, stating that the transferee
requires access to a handgun because of a threat to the life of
the transferee or any member of the household of the
transferee.
``(2)(A) It shall be unlawful for an individual who is not licensed
under section 923 to receive a handgun or handgun ammunition in a State
unless the individual possesses a valid handgun license issued to the
individual by the State.
``(B) Beginning 2 years after the date of the enactment of this
subsection, it shall be unlawful for an individual who is not licensed
under section 923 to possess a handgun or handgun ammunition in a State
unless the individual possesses a valid handgun license issued to the
individual by the State.
``(3)(A) For purposes of this subsection, the term `handgun
license' means a license issued under a State law that--
``(i) provides for the issuance and revocation of licenses
permitting persons to receive handguns and handgun ammunition,
and for the reporting of losses and thefts of handguns and
handgun ammunition; and
``(ii) at a minimum, meets the requirements of this
paragraph.
``(B) The State law referred to in subparagraph (A) shall provide
that a handgun license shall--
``(i) be issued by the chief law enforcement officer of the
State;
``(ii) contain the licensee's name, address, date of birth,
and physical description, a unique license number, and a
photograph of the licensee; and
``(iii) remain valid for not more than 2 years, unless
revoked.
``(C) The State law referred to in subparagraph (A) shall provide
that, before a handgun license is issued to an applicant, the chief law
enforcement officer of the State determine that the applicant--
``(i) has attained 21 years of age;
``(ii) is a resident of the State, by examining, in
addition to a valid identification document (as defined in
section 1028), a utility bill or lease agreement;
``(iii) is not prohibited from possessing or receiving a
handgun under Federal, State, or local law, based upon name-
and fingerprint-based research in all available Federal, State,
and local recordkeeping systems, including the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act; and
``(iv) has been issued a handgun safety certificate by the
State.
``(D) The State law referred to in subparagraph (A) shall provide
that, if the chief law enforcement officer of the State determines that
an individual is ineligible to receive a handgun license, the officer
shall provide the reasons for the determination to the individual, in
writing, within 20 business days after making the determination.
``(E)(i) The State law referred to in subparagraph (A) shall
provide that a handgun license issued by the State shall be revoked if
the chief law enforcement officer of the State determines that the
licensee no longer meets the requirements of subparagraph (C).
``(ii) The State law shall provide that, within 10 days after a
person receives notice from the State that the handgun license issued
to the person has been revoked, the person shall return the license to
the chief law enforcement officer of the State in which the licensee
resides.
``(F) The State law referred to in subparagraph (A) shall provide
that, within 24 hours after a handgun licensee discovers the theft of
any firearm from, or the loss of any firearm by the licensee, the
licensee shall report the theft or loss to--
``(i) the Secretary;
``(ii) the chief law enforcement officer of the State; and
``(iii) appropriate local authorities,
and shall provide that any failure to make such a report shall be
punishable by a civil penalty as provided by State law, with a maximum
penalty of at least $1,000.
``(4)(A) For purposes of paragraph (3)(C)(iv), the term `handgun
safety certificate' means a certificate issued under a State law that--
``(i) provides for the issuance of certificates attesting
to the completion of a course of instruction and examination in
handgun safety, consistent with this paragraph; and
``(ii) at a minimum, meets the requirements of this
paragraph.
``(B) The State law referred to in subparagraph (A) shall provide
that the chief law enforcement officer of a State shall issue the
handgun safety certificate.
``(C) The State law referred to in subparagraph (A) shall provide
that a handgun safety certificate shall not be issued to an applicant
unless the chief law enforcement officer of the State determines that
the applicant--
``(i) has completed a course, taught by law enforcement
officers and designed by the chief law enforcement officer, of
not less than 2 hours of instruction in handgun safety; and
``(ii) has passed an examination, designed by the chief law
enforcement officer, testing the applicant's knowledge of
handgun safety.
``(5) For purposes of this subsection, the term `chief law
enforcement officer' means, with respect to a State, the chief, or
equivalent officer, of the State police force, or the designee of that
officer.''.
(b) Definition of Handgun Ammunition.--Section 921(a) of such title
is amended by adding at the end the following:
``(35) The term `handgun ammunition' means--
``(A) a centerfire cartridge or cartridge case less than
1.3 inches in length; or
``(B) a primer, bullet, or propellant powder designed
specifically for use in a handgun.''.
(c) Penalty.--Section 924(a)(1)(B) of such title is amended by
inserting ``, or (z)'' before ``of section 922''.
(d) Technical Correction.--Section 922(t)(1)(B)(ii) of such title
is amended by inserting ``or State law'' after ``section''.
(e) Funding.--
(1) Grants for establishing systems of licensing and
registration.--Subject to the availability of appropriations,
the Attorney General shall make a grant to each State (as
defined in section 921(a)(2) of title 18, United States Code),
to cover the initial startup costs associated with establishing
a system of licensing pursuant to section 922(z) of title 18,
United States Code.
(2) Authorization of appropriations.--For grants under
paragraph (1), there is authorized to be appropriated a total
of $200,000,000 for fiscal year 2002 and all fiscal years
thereafter.
(f) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 3. REQUIREMENT OF BUSINESS LIABILITY INSURANCE.
Section 923(d)(1) of title 18, United States Code, is amended--
(1) by striking the period at the end of subparagraph (F)
and inserting a semicolon;
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) the applicant certifies that the business is
covered by an insurance policy which provides personal
injury protection, to a limit of $100,000, to any
person who, while engaged in lawful activity, suffers
bodily injury or death through the use of a handgun
obtained as a result of the negligence of the
applicant.''. | Handgun Licensing Act of 2001 - Amends the Brady Handgun Violence Prevention Act (the Act) to prohibit the transfer of a handgun or handgun ammunition to an individual not licensed to engage in the business of importing, manufacturing, or dealing in firearms or ammunition, unless: (1) the transferor (or a licensed dealer under State law) has examined a valid handgun license issued to the individual by the State in which the transaction takes place and an additional valid photograph identification document and has contacted and has been informed by the chief law enforcement officer of the State that the handgun license has not been revoked; and (2) three business days have elapsed from the date on which the transferor received such information, or the individual has presented to the transferor a written document, issued not less than ten days earlier by the appropriate officer, stating that the transferee requires access to a handgun because of a threat to the life of the transferee or any member of the transferee's household.Prohibits an unlicenced individual from receiving a handgun or handgun ammunition without possessing a valid handgun license issued to the individual by the State in which the transaction takes place.Sets forth State law requirements, definitions of "handgun license" and "handgun ammunition," and penalties for violations of this Act.Directs the Attorney General to make a grant to each State to cover the initial startup costs associated with establishing a licensing system.Requires an applicant for a license to certify that the business is covered by an insurance policy which provides personal injury protection, to a limit of $100,000, to any person who, while engaged in lawful activity, suffers bodily injury or death through the use of a handgun obtained as a result of the applicant's negligence. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to require persons to obtain a State license before receiving a handgun or handgun ammunition."} | 2,111 | 401 | 0.718426 | 2.11774 | 0.772662 | 5.404834 | 5.664653 | 0.933535 |
SECTION 1. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) since the late 18th century, the United States textile
machinery industry has played an important role in the
development of the world textile industry;
(2) the United States textile machinery industry currently
consists of approximately 500 companies, primarily small
businesses, producing machinery, parts and accessories used in
the production of textile mill products for apparel, defense,
furniture and industrial application;
(3) the textile machinery industry is overwhelmingly
comprised of firms with 50 or fewer employees;
(4) the textile machinery industry is one of 92 industries
in the United States considered essential to our defense needs;
(5) during the last decade, the textile machinery industry
has been among those industries most weakened due to a dramatic
rise in imports and foreign trade barriers which thwart United
States exports;
(6) further erosion of the textile machinery industry will
expose the United States textile and apparel complex to
offshore pricing, delivery and service resulting in less
competition and limited choice;
(7) shipments of textile machinery, parts and accessories
were approximately 26 percent lower in 1988 than in 1980, while
imports rose by an astounding 100 percent during this same
period;
(8) such erosion of the textile machinery industry will
result in loss of tariff revenue to the Treasury of the United
States;
(9) the textile industry is among the largest five
employers in the country;
(10) there are many economic benefits of the textile
machinery industry, including tariffs on imports, corporate and
employee taxes, preservation of jobs and small businesses,
industrial growth, manufacturing skills, maintenance of basic
industries, increased exports, and a lower trade deficit;
(11) over the last two decades, employment in the textile
machinery industry has shrunk from 28,500 individuals to
17,800;
(12) recapturing the textile machinery market will be a
positive contribution to the balance of trade;
(13) trade impacted businesses should have direct access to
capital from the source of subsidized competition; and
(14) government studies recommend that research and
development programs be developed to help sustain and expand
the textile machinery industry.
SEC. 2. TEXTILE MACHINERY MODERNIZATION FUND.
Part I of title III of the Tariff Act of 1930 (19 U.S.C. 1303-1323)
is amended by inserting after section 323 the following new section:
``SEC. 324. TEXTILE MACHINERY MODERNIZATION FUND.
``(a) Definitions.--For purposes of this section:
``(1) The term `Fund' means the Textile Machinery
Modernization Fund established under subsection (b).
``(2) The term `qualified organization' means any entity
organized under the laws of the United States with principal
manufacturing facilities located in the United States that
manufactures and markets any of the following for utilization
by the textile industry worldwide:
``(A) Machinery.
``(B) Parts.
``(C) Accessories.
``(D) Related systems.
``(3) The term `qualified research project' means a
research project, conducted within the United States, for
machinery and equipment used predominantly, if not exclusively,
by the textile industry, or for major capital expenditure items
of the textile industry.
``(4) The term `Secretary' means the Secretary of Commerce.
``(5) The term `textile machinery and parts thereof'
includes all articles provided for in subheadings 8420.10.10,
8420.91.10, 8420.99.10, 8443.50.10, and 8443.90.10 and in
headings 8444 through 8449 of the Harmonized Tariff Schedule of
the United States and all textile machinery and parts thereof
provided for in headings 8450 through 8452 of such Schedule.
``(b) Establishment of Fund.--There is established in the Treasury
of the United States the Textile Machinery Modernization Fund. The Fund
consists of such amounts as may be appropriated to it.
``(c) Purposes of Fund.--Monies in the Fund shall be available, as
provided for in advance in appropriation Acts, for--
``(1) grants made in accordance with subsection (d) to
qualified organizations to assist such organizations to carry
out qualified research projects; and
``(2) the administration of this section, and the carrying
out of textile machine industry-wide research and promotion, by
the Secretary.
``(d) Grants.--
``(1) In general.--Subject to paragraphs (3) and (4) and to
such terms and conditions (including those necessary to protect
the interests of the United States) as the Secretary shall by
regulation prescribe, the Secretary may make one or more grants
to any qualified organization for the purpose of reimbursing
that organization for costs incurred by it in carrying out one
or more qualified research projects.
``(2) Statements of intent.--The Secretary may in advance
of any qualified organization commencing a qualified research
project, provide to such organization a statement indicating
the Secretary's intent to make one or more grants to such
organization for the purpose of funding one or more qualified
research projects.
``(3) Consultation and determinations regarding
applications.--The Secretary must--
``(A) make grants under this section in
consultation with appropriate representatives from the
textile and textile machinery industries and the
public; and
``(B) make a determination whether or not to award
any grant under this section within 12 months after the
grant is applied for.
``(4) Limitations.--(A) No grant made under this section
with respect to a qualified research project may exceed 60
percent of the cost of the project.
``(B) The aggregate amount of the grant or grants made to a
qualified organization under this section during any fiscal
year is limited to expenditures above that organization's base
line average of annual expenditures during the 3 previous
fiscal years for qualifying textile machinery research,
development, and product engineering, as defined in section 174
of the Internal Revenue Code of 1986. Grants awarded under this
section shall be excluded from baseline calculations.
``(C) If the total amount of monies available in the Fund
for the payment of grants for a fiscal year is less than the
total amount of the grants approved for disbursement under this
section for that fiscal year, the amount of the grants paid
during such year shall be equitably prorated.
``(e) Appropriations to Fund.--
``(1) In general.--There is appropriated to the Fund for
each fiscal year after fiscal year 1993, from the revenues
attributable to the customs duties imposed on textile machinery
and parts thereof imported into the United States during the
preceding fiscal year, the greater of--
``(A) an amount equal to 10 percent of such
revenues; or
``(B) $10,000,000;
of which not to exceed $500,000 shall be available for the
purposes specified in subsection (c)(2).
``(2) Limitation.--The aggregate amount of monies in the
Fund during any fiscal year may not exceed $10,000,000.''. | Amends the Tariff Act of 1930 to establish in the Treasury the Textile Machinery Modernization Fund. Appropriates to such fund revenues from customs duties imposed on textile machinery and parts imported into the United States in order to provide grants for research projects for the modernization of the U.S. textile machinery industry. | {"src": "billsum_train", "title": "To amend the Tariff Act of 1930 to require that certain revenues attributable to tariffs levied on imports of textile machinery and parts thereof be applied to support research for the modernization of the American textile machinery industry."} | 1,508 | 69 | 0.549658 | 1.432601 | 0.761076 | 3.254545 | 26.4 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acadia National Park Boundary
Clarification Act''.
SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION.
Section 101 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(a) Boundaries.--Subject to subsections (b) and (c)(2), to'';
(2) in the second sentence--
(A) by striking ``The map shall be on file'' and
inserting the following:
``(c) Availability and Revisions of Maps.--
``(1) Availability.--The map, together with the map
described in subsection (b)(1) and any revised boundary map
published under paragraph (2), if applicable, shall be--
``(A) on file''; and
(B) by striking ``Interior, and it shall be made''
and inserting the following: ``Interior; and
``(B) made'';
(3) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
``(b) Schoodic Peninsula Addition.--
``(1) In general.--The boundary of the Park is confirmed to
include approximately 1,441 acres of land and interests in
land, as depicted on the map entitled `Acadia National Park,
Hancock County, Maine, Schoodic Peninsula Boundary Revision',
numbered 123/129102, and dated July 10, 2015.
``(2) Ratification and approval of acquisitions of land.--
Congress ratifies and approves--
``(A) effective as of September 26, 2013, the
acquisition by the United States of the land and
interests in the land described in paragraph (1); and
``(B) effective as of the date on which the
alteration occurred, any alteration of the land or
interests in the land described in paragraph (1) that
is held or claimed by the United States (including
conversion of the land to fee simple interest) that
occurred after the date described in subparagraph
(A).''; and
(4) in subsection (c) (as designated by paragraph (2)(A)),
by adding at the end the following:
``(2) Technical and limited revisions.--Subject to section
102(k), notwithstanding any other provision of this section,
the Secretary of the Interior (referred to in this title as the
`Secretary'), by publication in the Federal Register of a
revised boundary map or other description, may make--
``(A) such technical boundary revisions as the
Secretary determines to be appropriate to the permanent
boundaries of the Park (including any property of the
Park located within the Schoodic Peninsula and Isle Au
Haut districts) to resolve issues resulting from causes
such as survey error or changed road alignments; and
``(B) such limited boundary revisions as the
Secretary determines to be appropriate to the permanent
boundaries of the Park to take into account
acquisitions or losses, by exchange, donation, or
purchase from willing sellers using donated or
appropriated funds, of land adjacent to or within the
Park, respectively, in any case in which the total
acreage of the land to be so acquired or lost is less
than 10 acres, subject to the condition that--
``(i) any such boundary revision shall not
be a part of a more-comprehensive boundary
revision; and
``(ii) all such boundary revisions,
considered collectively with any technical
boundary revisions made pursuant to
subparagraph (A), do not increase the size of
the Park by more than a total of 100 acres, as
compared to the size of the Park on the date of
enactment of this paragraph.''.
SEC. 3. LIMITATION ON ACQUISITIONS OF LAND FOR ACADIA NATIONAL PARK.
Section 102 of Public Law 99-420 (16 U.S.C. 341 note) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``of the Interior (hereinafter in this title
referred to as `the Secretary')'';
(2) in subsection (d)(1), in the first sentence, by
striking ``the the'' and inserting ``the'';
(3) in subsection (k)--
(A) by redesignating the subsection as paragraph
(4) and indenting the paragraph appropriately; and
(B) by moving the paragraph so as to appear at the
end of subsection (b); and
(4) by adding at the end the following:
``(k) Requirements.--Before revising the boundaries of the Park
pursuant to this section or section 101(c)(2)(B), the Secretary shall--
``(1) certify that the proposed boundary revision will
contribute to, and is necessary for, the proper preservation,
protection, interpretation, or management of the Park;
``(2) consult with the governing body of each county, city,
town, or other jurisdiction with primary taxing authority over
the land or interest in land to be acquired regarding the
impacts of the proposed boundary revision;
``(3) obtain from each property owner the land or interest
in land of which is proposed to be acquired for, or lost from,
the Park written consent for the proposed boundary revision;
and
``(4) submit to the Acadia National Park Advisory
Commission established by section 103(a), the Committee on
Natural Resources of the House of Representatives, the
Committee on Energy and Natural Resources of the Senate, and
the Maine Congressional Delegation a written notice of the
proposed boundary revision.
``(l) Limitation.--The Secretary may not use the authority provided
by section 100506 of title 54, United States Code, to adjust the
permanent boundaries of the Park pursuant to this title.''.
SEC. 4. ACADIA NATIONAL PARK ADVISORY COMMISSION.
(a) In General.--The Secretary shall reestablish and appoint
members to the Acadia National Park Advisory Commission in accordance
with section 103 of Public Law 99-420 (16 U.S.C. 341 note).
(b) Conforming Amendment.--Section 103 of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking subsection (f).
SEC. 5. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA NATIONAL PARK.
The following are repealed:
(1) Section 3 of the Act of February 26, 1919 (40 Stat.
1178, chapter 45).
(2) The first section of the Act of January 19, 1929 (45
Stat. 1083, chapter 77).
SEC. 6. MODIFICATION OF USE RESTRICTION.
The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SEC. 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.
``The Secretary''; and
(2) by striking ``for school purposes'' and inserting ``for
public purposes, subject to the conditions that use of the land
shall not degrade or adversely impact the resources or values
of Acadia National Park and that the land shall remain in
public ownership for recreational, educational, or similar
public purposes''.
SEC. 7. CONTINUATION OF CERTAIN TRADITIONAL USES.
Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by
adding at the end the following:
``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.
``In accordance with this section, the Secretary shall allow for
the traditional, non-motorized harvesting of marine worms, clams, other
shellfish, and other marine species (as defined in chapter 601 of title
12 of the Maine Revised Statutes (as in effect on the date of enactment
of this section)), in accordance with the laws (including regulations
and applicable judicial interpretations) of the State of Maine--
``(1) within the boundaries of the Park; and
``(2) on any land located outside of the boundaries of the
Park with respect to which the Secretary has or obtains a
property interest of any type pursuant to this title.''.
SEC. 8. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN
OF BAR HARBOR, MAINE.
(a) In General.--The Secretary shall convey to the Town of Bar
Harbor all right, title, and interest of the United States in and to
the .29-acre parcel of land in Acadia National Park identified as lot
110-055-000 on the tax map of the Town of Bar Harbor for section 110,
dated April 1, 2015, to be used for a solid waste transfer facility.
(b) Reversion.--If the land conveyed under subsection (a) is used
for a purpose other than the purpose described in that subsection, the
land shall, at the discretion of the Secretary, revert to the United
States.
Passed the House of Representatives March 13, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Acadia National Park Boundary Clarification Act This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: the acquisition by the United States of such land and interests, effective as of September 26, 2013; and any alteration of such land or interests held or claimed by the United State that occurred after such date. The Department of the Interior may make technical boundary and limited boundary revisions, as appropriate, to the permanent boundaries of the park (including any park property located within the peninsula and Isle Au Haut districts) to resolve issues resulting from causes such as survey error or changed road alignments or to take into account acquisitions or losses of land adjacent to or within the park in any case in which the total acreage of the land to be so acquired or lost is less than 10 acres, subject to specified conditions. Interior shall contribute a specified amount to a regional consortium composed of units of local government on or in the vicinity of Mount Desert Island that was established to improve the management of the disposal and recycling of solid waste. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of such land shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes. Interior shall allow for the traditional harvesting of the marine worms, clams, and other shellfish, and other marine species in accordance with the laws of the state of Maine: (1) within the park's boundaries, and (2) on any land outside of the park in which Interior has or obtains a property interest. Interior shall convey to the town of Bar Harbor a specified parcel of land within the park to be used for a solid waste transfer facility. | {"src": "billsum_train", "title": "Acadia National Park Boundary Clarification Act"} | 2,065 | 441 | 0.610249 | 2.067626 | 0.7646 | 4.051471 | 4.583333 | 0.89951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surviving Spouses and Dependents
Outreach Enhancement and Veterans Casework Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There are over 600,000 surviving spouses and dependents
receiving dependency and indemnity compensation (DIC) or death
pensions from the Department of Veterans Affairs.
(2) The Department of Veterans Affairs does not target this
population for specific outreach efforts, nor does it provide
program outreach coordinators designated at each regional
office of the Department to assist this population and other
survivors who may be eligible for benefits from the Department.
(3) Approximately 1,000 veterans die daily, many survived
by widows and dependents who may not be fully informed as to
their eligibility for benefits under laws administered by the
Secretary of Veterans Affairs.
(4) There is no formal program for coordination of benefits
for surviving spouses and dependents at any level within the
Department of Veterans Affairs.
(5) Due to insufficient outreach efforts, informational
updates targeted specifically to surviving spouses and
dependents are not provided. Outreach efforts to provide
information concerning changes in service-connection for
disabilities presumed associated with exposure to herbicides
and ionizing radiation and former prisoners of war have been
insufficient to adequately inform survivors of benefits to
which they may now be entitled.
SEC. 3. NATIONAL GOAL TO FULLY INFORM AND ASSIST SURVIVING SPOUSES AND
DEPENDENTS REGARDING ELIGIBILITY FOR BENEFITS AND HEALTH
CARE SERVICES.
(a) National Goal.--Congress hereby declares it to be a national
goal to fully inform surviving spouses and dependents regarding their
eligibility for benefits and health care services under laws
administered by the Secretary of Veterans Affairs.
(b) Cooperative Efforts Encouraged.--Congress hereby encourages all
elements within the Department of Veterans Affairs, private and public
sector entities (including veterans service organizations), and
veterans widows and surviving spouses organizations to work
cooperatively to fully inform the surviving spouses and dependents of
veterans regarding their eligibility for benefits and health care
services under laws administered by the Secretary of Veterans Affairs.
SEC. 4. REQUIREMENT FOR OUTREACH EFFORTS AND DEDICATED STAFF AT EACH
REGIONAL OFFICE.
(a) Findings.--Congress and the Department of Veterans Affairs have
historically targeted certain specific populations for outreach efforts
concerning benefits under laws administered by the Secretary of
Veterans Affairs. Groups currently targeted for such outreach efforts
and for which program outreach coordinators have been designated at
each regional office of the Department of Veterans Affairs are the
following:
(1) Former prisoners of war.
(2) Women veterans.
(3) Minority veterans.
(4) Active duty personnel.
(5) Homeless veterans.
(6) Elderly veterans.
(7) Recently separated veterans.
(b) Eligible Dependent Defined.--Paragraph (2) of section 7721(b)
of title 38, United States Code, is amended to read as follows:
``(2) the term `eligible dependent' means a spouse,
surviving spouse (whether or not remarried), child (regardless
of age or marital status), or parent of a person who served in the
active military, naval, or air service.''.
(c) Improved Outreach Program.--(1) Subchapter II of chapter 77 of
title 38, United States Code, is amended by adding at the end the
following new section:
``Sec. 7727. Outreach for eligible dependents
``(a) In carrying out this subchapter, the Secretary shall ensure
that the needs of eligible dependents are fully addressed.
``(b)(1) In order to carry out subsection (a), the Secretary shall
assign such employees of the Veterans Benefits Administration as the
Secretary considers appropriate to conduct outreach programs and
provide outreach services for eligible dependents. In areas where the
number of eligible dependents warrant doing so, the Secretary shall
assign at least one employee in the Veterans Benefits Administration
regional office to serve as a full-time coordinator of outreach
programs and services for eligible dependents in that region.
``(2) Responsibilities of employees assigned to outreach functions
under paragraph (1) shall include providing eligible dependents with
information about benefits under laws administered by the Secretary and
with assistance in claims preparation and inquiry resolution.
``(c) Whenever an eligible dependent first applies for any benefit
under laws administered by the Secretary, the Secretary shall provide
to the dependent information concerning eligibility for benefits and
health care services under programs administered by the Secretary. For
purposes of this paragraph, a request for burial or related benefits,
including an application for life insurance proceeds, shall be treated
by the Secretary as an initial application for benefits.
``(d)(1) Information provided an eligible dependent under this
section shall include information on how to apply for benefits for
which the dependent may be eligible, including information about
assistance available under subsection (b) and section 7722(d) of this
title.
``(2) In the case of eligible dependents who are members of
distinct beneficiary populations (such as survivors of veterans), the
Secretary shall ensure that information provided under this section
includes specific information about benefits relating to that
population.
``(e) For any area in which there is a significant population of
eligible dependents whose primary language is a language other than
English, the Secretary shall make information provided under this
subsection available to those dependents in the dominant language in
that area (in addition to English).
``(f) Outreach services and assistance shall be provided for
eligible dependents through the same means that are used for other
specially targeted groups.
``(g) The Secretary shall ensure that the availability of outreach
services and assistance for eligible dependents under this subchapter
is made known through a variety of means, including the Internet,
correspondence of the Department, announcements in veterans
publications, direct correspondence to congressional offices, military
bases public affairs offices, military retiree affairs offices, and
United States embassies.
``(h) The Secretary shall support the Department's periodic
evaluation under section 527 of this title concerning the Department's
efforts to address the needs of eligible dependents.
``(i) The Secretary shall submit to Congress an annual report on
the programs of the Department addressing the information and
assistance needs of eligible dependents. The Secretary shall include in
each such report the following:
``(1) Information about expenditures, costs, and workload
under the program of the Department directed towards the
information and assistance needs of eligible dependents.
``(2) Information about outreach efforts directed toward
eligible dependents.
``(3) Information about emerging needs within the program
that relate to other provisions of law, including section 7725
of this title with respect to language needs of eligible
dependents.
``(4) Information as to the timeline for implementation of
improvements to meet existing and emerging needs of eligible
dependents in addition to those specified in this section.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7726 the
following new item:
``7727. Outreach for eligible dependents.''. | Requires the Secretary of Veterans Affairs to assign appropriate Department employees to conduct outreach programs and provide outreach services for eligible spouses and dependents. | {"src": "billsum_train", "title": "Surviving Spouses and Dependents Outreach Enhancement and Veterans Casework Improvement Act"} | 1,535 | 31 | 0.609851 | 1.591301 | 0.693783 | 3.6 | 58.84 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charities Helping Americans
Regularly Throughout the Year Act of 2017''.
SEC. 2. SENSE OF THE SENATE RELATING TO THE PROTECTION OF CHARITABLE
DEDUCTIONS.
(a) Findings.--The Senate makes the following findings:
(1) The deduction for charitable contributions has been an
important and effective part of the tax code for almost 100
years.
(2) The deduction for charitable contributions is unique as
it is the only provision that encourages taxpayers to give away
a portion of their income for the benefit of others.
(3) In 2012, nonprofit organizations provided 11,400,000
jobs, accounting for 10.3 percent of the country's private-
sector workforce.
(4) In 2015, total charitable giving was estimated to be
$373,250,000,000 (a 4.1-percent increase from 2014) and
accounted for 2.1 percent of the gross domestic product.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) encouraging charitable giving should be a goal of tax
reform; and
(2) Congress should ensure that the value and scope of the
deduction for charitable contributions is not diminished during
a comprehensive reform of the tax code.
SEC. 3. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE
CONTRIBUTIONS DEDUCTION.
(a) Determination of Standard Mileage Rate for Charitable
Contributions Deduction.--Subsection (i) of section 170 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(i) Standard Mileage Rate for Use of Passenger Automobile.--For
purposes of computing the deduction under this section for use of a
passenger automobile, the standard mileage rate shall be the rate
determined by the Secretary, which rate shall not be less than the
standard mileage rate used for purposes of section 213.''.
(b) Effective Date.--The amendment made by this section shall apply
to miles traveled after the date of the enactment of this Act.
SEC. 4. MODIFICATION OF SUBSTANTIATION REQUIREMENTS FOR CHARITABLE
CONTRIBUTIONS.
(a) In General.--Paragraph (8) of section 170(f)(8) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (D) and by
redesignating subparagraph (E) as subparagraph (D).
(b) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2016.
SEC. 5. MANDATORY ELECTRONIC FILING FOR ANNUAL RETURNS OF EXEMPT
ORGANIZATIONS.
(a) In General.--Section 6033 of the Internal Revenue Code of 1986
is amended by redesignating subsection (n) as subsection (o) and by
inserting after subsection (m) the following new subsection:
``(n) Mandatory Electronic Filing.--Any organization required to
file a return under this section shall file such return in electronic
form.''.
(b) Inspection of Electronically Filed Annual Returns.--Subsection
(b) of section 6104 is amended by adding at the end the following:
``Any annual return required to be filed electronically under section
6033(n) shall be made available by the Secretary to the public in
machine readable format.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Transitional relief.--
(A) Small organizations.--
(i) In general.--In the case of any small
organizations, or any other organizations for
which the Secretary determines the application
of the amendments made by subsection (a) would
cause undue burden without a delay, the
Secretary may delay the application of such
amendments, but not later than taxable years
beginning 2 years after the date of the
enactment of this Act.
(ii) Small organization.--For purposes of
clause (i), the term ``small organization''
means any organization--
(I) the gross receipts of which for
the taxable year are less than
$200,000; and
(II) the aggregate gross assets of
which at the end of the taxable year
are less than $500,000.
(B) Organizations filing form 990-t.--In the case
of any organization described in section 511(a)(2) of
the Internal Revenue Code of 1986 which is subject to
the tax imposed by section 511(a)(1) of such Code on
its unrelated business taxable income, or any
organization required to file a return under section
6033 of such Code and include information under
subsection (e) thereof, the Secretary may delay the
application of the amendments made by this section, but
not later than taxable years beginning 2 years after
the date of the enactment of this Act.
SEC. 6. MODIFICATION OF RULES RELATING TO DONOR ADVISED FUNDS.
(a) Allowance of Tax-Free Charitable Distributions From Individual
Retirement Accounts.--
(1) In general.--Clause (i) of section 408(d)(8)(B) of the
Internal Revenue Code of 1986 is amended by striking ``or any
fund or account described in section 4966(d)(2)''.
(2) Effective date.--The amendment made by this subsection
shall apply to distributions made in taxable years beginning
after December 31, 2016.
(b) Return Disclosures.--
(1) Distributions.--Subsection (k) of section 6033 of the
Internal Revenue Code of 1986 is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting a comma; and
(C) by adding at the end the following new
paragraphs:
``(4) list the total number of such funds which were in
existence for the 36-month period ending at the close of such
taxable year,
``(5) list the total number of funds described in paragraph
(4) which made at least 1 grant during the period described in
such paragraph, and
``(6) set forth--
``(A) whether such organization has a publicly
available policy with respect to funds which are
inactive, dormant, or do not make distributions during
the period described in paragraph (4),
``(B) a description of the organization's policy
for responding to funds described in subparagraph (A)
or a statement that no such policy is in effect, and
``(C) whether such organization regularly and
consistently monitors and enforces compliance with the
policy described in subparagraph (A) with respect to
such funds.''.
(2) Effective date.--The amendment made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2017.
SEC. 7. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT
INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue Code of
1986 is amended by striking ``2 percent'' and inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets Certain
Distribution Requirements.--Section 4940 of such Code is amended by
striking subsection (e).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 8. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDINGS TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the all profits to charity requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) All profits to charity.--
``(A) In general.--The all profits to charity
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)), is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are individuals other than
individuals who are either--
``(i) directors or officers of the business
enterprise, or
``(ii) members of the family (determined
under section 4958(f)(4)) of a substantial
contributor (as defined in section
4958(c)(3)(C)) to the private foundation, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017. | Charities Helping Americans Regularly Throughout the Year Act of 2017 This bill amends the Internal Revenue Code to modify several tax provisions affecting charitable contributions and tax-exempt organizations. The Internal Revenue Service may determine the standard mileage rate for deducting the cost of using a passenger automobile for charitable purposes (currently set by statute at 14 cents per mile), and the rate may not be less than the rate for medical purposes (17 cents per mile for 2017). The bill modifies the substantiation requirements for charitable contributions to eliminate an exemption for contributions that are reported on a return filed by a tax-exempt organization. Tax-exempt organizations must file their returns in electronic form. The bill excludes from the gross income of an individual who is at least 70-1/2 years of age up to $100,000 in distributions from an individual retirement plan to a donor-advised fund (DAF). The bill also modifies disclosure requirements for DAFs. (A DAF is a fund or account that is separately identified by reference to contributions of a donor or donors. The account is owned and controlled by a sponsoring charitable organization, while the donor retains advisory privileges with respect to the distribution and investment of funds in the account.) The bill reduces from 2% to 1% the excise tax on the investment income of private foundations and eliminates a provision that reduces the rate to 1% if a foundation meets certain distribution requirements. The bill exempts certain philanthropic business holdings from the tax on excess business holdings of private foundations if a foundation meets requirements for exclusive ownership, donating all profits to charity, and independent operation. | {"src": "billsum_train", "title": "Charities Helping Americans Regularly Throughout the Year Act of 2017"} | 2,546 | 361 | 0.561094 | 1.707135 | 0.737339 | 1.652733 | 7.26045 | 0.778135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Disability Benefits for
Injured and Wounded Warriors Act of 2007''.
SEC. 2. REVIEW AND ACTION ON CERTAIN DETERMINATIONS OF THE PHYSICAL
EVALUATION BOARD.
(a) Panel for Reviews.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall appoint, from
among individuals in the private sector who are qualified for such
purpose, a panel of individuals to conduct the reviews required by
subsection (b).
(b) Reviews.--
(1) In general.--The panel appointed under subsection (a)
shall--
(A) review--
(i) each case before the Physical
Evaluation Board of the Department of Defense
in which such board determined to discharge,
separate, or release a member of the Armed
Forces without assigning a rating of disability
to the member; and
(ii) each case before the Physical
Evaluation Board in which a member of the Armed
Forces appealed the determination of such board
regarding the rating of disability assigned to
the member;
(B) for each case so reviewed--
(i) determine whether or not a liaison
officer was assigned to the member of the Armed
Forces concerned for such case; and
(ii) determine whether or not an attorney
was assigned to the member of the Armed Forces
concerned for such case; and
(C) for each case so reviewed, determine whether or
not the facts of the case warrant the re-opening of the
case for purposes of assigning a rating of disability
to the member of the Armed Forces concerned, or
increasing a rating of disability previously assigned
the member, as applicable, for purposes of the receipt
of disability benefits.
(2) Covered cases.--The review required by paragraph (1)
shall be performed for each case described in that paragraph in
which a final determination was made by a board referred to in
that paragraph during the period beginning on September 11,
2001, and ending on the date of the enactment of this Act.
(3) Availability of information.--The Secretary shall make
available to the panel appointed under subsection (a) such
information as the panel shall require in order to conduct the
reviews required by paragraph (1), including the case files of
the Physical Evaluation Board.
(4) Reports.--Not later than 60 days after the date of the
appointment of the panel required by subsection (a), and every
60 days thereafter until the completion of the reviews required
by paragraph (1), the panel shall submit to the Secretary of
Defense and the Secretary of the military department concerned
a report on each case reviewed under paragraph (1) during the
preceding 60 days, including the results of each such review
and the determinations required with respect to such case under
subparagraphs (B) and (C) of paragraph (1).
(c) Re-Evaluation of Cases.--
(1) In general.--The Secretary of the military department
concerned shall provide for a re-evaluation by the Physical
Evaluation Board of each case covered by a report under
subsection (b)(4) in which the panel appointed under subsection
(a) determined, as specified in subsection (b)(1)(C), that the
fact of such case warrant the re-opening of such case for
purposes of assigning a rating of disability to the member of
the Armed Forces concerned, or increasing a rating of
disability previously assigned the member, as applicable, for
purposes of the receipt of disability benefits.
(2) Prohibition on reduction of rating of disability.--A
rating of disability subject to re-evaluation under paragraph
(1) may not be reduced as a result of the re-evaluation under
that paragraph.
(3) Guidelines and procedures.--The re-evaluation of cases
under paragraph (1) shall be governed by such guidelines, and
follow such procedures, as the Secretary of Defense shall
prescribe for purposes of that paragraph. Such guidelines shall
prohibit a reduction of rating of disability pursuant to a re-
evaluation under that paragraph. Such guidelines and procedures
shall, to the extent practicable, apply uniformly across the
military departments.
(4) Deadline.--The re-evaluation of a case under paragraph
(1) shall be completed not later than 180 days after the date
of the receipt of a report on such case under subsection
(b)(4).
(d) Correction of Records.--If a result of the re-evaluation of a
case under subsection (c), the Physical Evaluation Board determines to
assign a rating of disability to a member of the Armed Forces, or
increase the rating previously assigned the member, as applicable, the
Secretary of the military department concerned shall correct the record
of the member, with the effective date of such correction to be the
date of the original determination under the case by the Physical
Evaluation Board regarding the disability of the member.
SEC. 3. REVIEW AND ACTION ON DETERMINATIONS ON BENEFITS UNDER TRAUMATIC
SERVICEMEMBERS GROUP LIFE INSURANCE.
(a) Panel.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall appoint, from among
individuals in the private sector who are qualified for such purpose, a
panel of individuals to carry out the actions required by subsection
(b).
(b) Review and Assessment of Determinations.--
(1) In general.--The panel appointed under subsection (a)
shall--
(A) review--
(i) each case in which a member of the
Armed Forces was denied traumatic injury
protection under section 1980A of title 38,
United States Code, for a qualifying loss
claimed by the member; and
(ii) each case in which a member of the
Armed Forces appealed a determination of the
amount of traumatic injury protection awarded
the member under that section for a qualifying
loss claimed by the member; and
(B) for each case so reviewed, determine whether or
not the facts of the case warrant the re-opening of the
case for purposes of paying traumatic injury protection
to the member of the Armed Forces concerned, or
increasing the amount of traumatic injury protection
previously paid the member, as applicable, under that
section for a qualifying loss claimed by the member.
(2) Covered cases.--The review required by paragraph (1)
shall be performed for each case described in that paragraph in
which a final determination on a claim for a qualifying loss
under section 1980A of title 38, United States Code, was made
during the period beginning on May 11, 2005, and ending on the
date of the enactment of this Act.
(3) Availability of information.--The Secretary of Defense
shall make available to the panel appointed under subsection
(a) such information as the panel shall require in order to
conduct the reviews required by paragraph (1).
(4) Reports.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter until the
completion of the reviews required by paragraph (1), the panel
appointed under subsection (a) shall submit to the Secretary of
Defense a report on each case reviewed under paragraph (1)
during the preceding 60 days, including the results of each
such review and the determination required with respect to such
case under paragraph (1)(B).
(c) Re-Evaluation of Cases.--
(1) In general.--The Secretary of Defense shall re-evaluate
each case covered by a report under subsection (b)(4) in which
the panel appointed under subsection (a) determines, as
specified in subsection (b)(1)(B), that the facts of such case
warrant the re-opening of such case for purposes of paying
traumatic injury protection for the member of the Armed Forces
concerned, or increasing the amount of traumatic injury
protection previously paid the member, as applicable, under
section 1980A of title 38, United States Code, for a qualifying
loss claimed by the member.
(2) Prohibition on reduction of insurance award.--The
amount of insurance awarded under section 1980A of title 38,
United States Code, in any case subject to re-evaluation under
paragraph (1) may not be reduced as a result of the re-
evaluation under that paragraph.
(3) Guidelines and procedures.--The re-evaluation of cases
under paragraph (1) shall be governed by such guidelines, and
follow such procedures, as the Secretary of Defense shall
prescribe for purposes of that paragraph. Such guidelines and
procedures shall, to the extent practicable, apply uniformly
across the military departments.
(4) Deadline.--The reconsideration of a case under
paragraph (1) shall be completed not later than 180 days after
the date of the receipt of a report on such case under
subsection (b)(4).
(d) Correction of Records.--If a result of the reconsideration of a
case under subsection (c), the Secretary of Defense determines to pay
traumatic injury protection to a member of the Armed Forces, or
increase the amount of traumatic injury protection previously paid the
member, as applicable, under section 1980A of title 38, United States
Code, for a qualifying loss claimed by the member, the Secretary shall
correct the record of the member, with the effective date of such
correction to be the date of the original determination under the case
on the qualifying loss claimed by the member.
SEC. 4. ADEQUACY OF ASSIGNMENT OF JUDGE ADVOCATES TO PHYSICAL
EVALUATION BOARD CASES.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
that includes the following:
(1) An assessment whether or not the number of judge
advocates assigned to cases before the Physical Evaluation
Board is adequate to ensure that--
(A) the judge advocates assigned such cases bear a
reasonable caseload of such cases; and
(B) the judge advocates assigned such cases
contribute to the efficient and timely disposition of
such cases by the board.
(2) A recommendation of the number judge advocates to be
assigned to such cases in order to best achieve each of the
objectives set forth under paragraph (1).
(b) Judge Advocate Defined.--In this section, the term ``judge
advocate'' has the meaning given that term in section 801 of title 10,
United States Code (article 1 of the Uniform Code of Military Justice).
SEC. 5. COMPTROLLER GENERAL REPORTS ON DISABILITY CLAIMS PROCESSES.
(a) Report on Efforts To Address Certain Deficiencies in Disability
Evaluation Systems of the Military Departments.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report setting
forth the assessment of the Comptroller of the efforts of the
Department of Defense to address the deficiencies identified in
the report of the Comptroller General entitled ``Military
Disability System: Improved Oversight Needed to Ensure
Consistent and Timely Outcomes for Reserve and Active Duty
Service Members'' (GAO-06-362; March 2006).
(2) Elements.--The report required by paragraph (1) shall
address the efforts of the Department regarding the following:
(A) Harmonizing the procedures and practices of the
military departments under their disability evaluation
systems.
(B) Monitoring the compliance of such disability
evaluation systems with the policies and guidelines
applicable to such systems.
(C) Improving oversight of such disability systems
by the Disability Advisory Council, including--
(i) whether the council has reviewed the
standardized disability rating system to
classify the severity of medical impairments;
and
(ii) whether the council has proposed
improvements to or recertification of such
systems.
(D) Improving the collection and processing of
information under such systems.
(E) Improving data entry under such systems,
including decreasing reported error rates and enhancing
training programs for Army data processors.
(F) Improving oversight of the training for staff
of such systems.
(G) Improving the availability of and access to
liaison officers to the Physical Evaluation Board of
each military department.
(H) Improving utilization of line-of-duty
determinations for members of the Armed Forces,
including members of the regular Armed Forces and
members of the National Guard and Reserve.
(I) Improving the quality of care and services for
wounded or injured members of the National Guard and
Reserve who are in medical holdover status and
receiving medical treatment away from their homes and
families.
(J) Improving quality assurance mechanisms to
ensure that disability determination under such systems
are consistent.
(b) Report on Adequacy of Schedule for Rating Disabilities of
Department of Veterans Affairs.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report setting forth the assessment
of the Comptroller General of the adequacy of the schedule for rating
disabilities of the Department of Veterans Affairs in recognizing, and
providing for appropriate compensation for, disabilities incurred or
aggravated in the Global War on Terror, including the following:
(1) Traumatic brain injuries.
(2) Amputations.
(3) Spinal injuries.
(4) Post-traumatic stress disorder (PTSD).
(5) Hearing loss.
(c) Report on Standards and Procedures of Physical Evaluation
Board.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to Congress a report setting
forth the review and assessment of the Comptroller General of
the standards and procedures of the Physical Evaluation Board
of the Department of Defense.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description and assessment of the standards
and procedures of the Physical Evaluation Board of the
Department of Defense, including standards and
procedures relating to--
(i) the qualification and selection of
members of the board;
(ii) the timeliness of proceedings;
(iii) witness participation in proceedings;
(iv) the participation of liaison officers
in proceedings;
(v) the availability of legal assistance
for members of the Armed Forces seeking to
appeal determinations of the board; and
(vi) other appropriate board matters.
(B) Recommendations for such improvements to such
standards and procedures as the Comptroller General
considers appropriate to enhance and improve the
activities of the Physical Evaluation Board. | Restoring Disability Benefits for Injured and Wounded Warriors Act of 2007 - Directs the Secretary of Defense to appoint a panel to review each case before a Department of Defense (DOD) Physical Evaluation Board in which: (1) the Board determined to discharge or release a member of the Armed Forces without assigning a rating of disability to the member; and (2) the member appealed a Board determination regarding the rating of disability. Requires the panel to report whether any additional or different action should be taken by the military department concerned with respect to such determinations.
Directs the Secretary to appoint a panel to review, and take the same actions as above, cases in which a member was denied, or appealed the amount of, traumatic injury protection awarded under Servicemembers Group Life Insurance.
Requires the: (1) Secretary to report to Congress on the adequacy of the number of judge advocates assigned to physical evaluation board cases; and (2) Comptroller General to report to Congress assessing and addressing deficiencies in the disability evaluation systems of the military departments. | {"src": "billsum_train", "title": "A bill to provide for the improvement of the physical evaluation processes applicable to members of the Armed Forces, and for other purposes."} | 3,142 | 240 | 0.647503 | 2.035839 | 0.788225 | 2.870647 | 14.706468 | 0.930348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Peace Tax Fund Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that for a significant minority
of Americans sincere conscientious objection to participation in war in
any form means that such Americans cannot in conscience pay the portion
of their taxes that would support military expenditures.
(b) Policy.--It is the policy of the Congress--
(1) to improve revenue collections and to allow
conscientious objectors to pay their full tax liability without
violating their moral, ethical, or religious beliefs;
(2) to reduce the present administrative and judicial
burden created by conscientious objectors who violate tax laws
rather than violate their consciences;
(3) to recognize conscientious objector status with regard
to the payment of taxes for military purposes; and
(4) to provide a mechanism for congressional appropriations
of such funds for nonmilitary purposes.
SEC. 3. UNITED STATES PEACE TAX FUND.
(a) Creation of Trust Fund.--There is hereby established within the
Treasury of the United States a special trust fund to be known as the
``United States Peace Tax Fund'' (hereinafter referred to as the
``Fund''). The Fund shall consist of such amounts as may be transferred
to the Fund as provided in this section.
(b) Transfer to Fund of Amounts Equivalent to Certain Taxes.--
(1) In general.--There are hereby transferred to the Fund
amounts equivalent to the sum of the amounts designated during
the fiscal year by individuals under sections 2210, 2506, and
6099 of the Internal Revenue Code of 1986 for payment into the
Fund. Such amounts shall be deposited into the Fund and shall
be available only for the purposes provided in this Act.
(2) Method of transfer.--The amounts transferred by
paragraph (1) shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the basis of
estimates by the Secretary of the Treasury of the amounts,
referred to in paragraph (1), received in the Treasury. Proper
adjustments shall be made in the amounts subsequently
transferred to the extent that prior estimates were in excess
of or less than the amounts required to be transferred.
(3) Report.--The Secretary of the Treasury shall report to
the Committees on Appropriations of the House of
Representatives and the Senate each year on the total amount
transferred into the Fund during the preceding fiscal year.
Such report shall be printed in the Congressional Record upon
receipt by the committees.
SEC. 4. INCOME TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND
``Sec. 6099. Designation by individuals.
``SEC. 6099. DESIGNATION BY INDIVIDUALS.
``(a) In General.--Every eligible individual (other than a
nonresident alien) whose income tax liability for any taxable year is
$1 or more may designate that such individual's income tax payment for
such year shall be paid into the United States Peace Tax Fund
established by section 3 of the United States Peace Tax Fund Act.
``(b) Definitions.--For purposes of this section--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual'
means an individual who by reason of religious training
and belief is conscientiously opposed to participation in war in any
form, and who--
``(i) has been exempted or discharged from
combatant training and service in the Armed
Forces of the United States as a conscientious
objector under section 6(j) of the Military
Selective Service Act (50 U.S.C. App. 456(j)),
or corresponding law, or
``(ii) certified in a statement in a
questionnaire return made under section 6039F
that such individual is conscientiously opposed
to participation in war in any form within the
meaning of section 6(j) of such Act.
``(B) Verification.--
``(i) Questionnaire return receipt.--Any
taxpayer who makes a designation under
subsection (a) shall attach the questionnaire
return receipt provided under section 6039F(b)
to such taxpayer's return of tax.
``(ii) Additional information may be
required.--The Secretary may require any
taxpayer who makes a designation under
subsection (a) to provide such additional
information as may be necessary to verify such
taxpayer's status as an eligible individual.
``(C) Denial of designation.--If the Secretary
determines that a taxpayer who makes the designation
provided for by subsection (a) is not an eligible
individual and is not entitled to make such
designation, then the Secretary, upon written notice to
the taxpayer stating the reasons for denial, may deny
the designation. The taxpayer may challenge the
Secretary's ruling by bringing an action in the United
States Tax Court, or in the United States district
court for the district of such taxpayer's residence,
for a declaratory judgment as to whether the taxpayer
is an eligible individual and entitled to make such a
designation.
``(2) Income tax liability.--The term `income tax
liability' means the amount of the tax imposed by chapter 1 on
a taxpayer for any taxable year (as shown on such taxpayer's
tax return) reduced by the sum of--
``(A) the credits (as shown in such return)
allowable under part IV of subchapter A of chapter 1
(other than subpart C thereof), and
``(B) the amount designated under section 6096.
``(3) Income tax payment.--The term `income tax payment'
means the amount of taxes imposed by chapter 1 and paid by or
withheld from a taxpayer for any taxable year not in excess of
such taxpayer's income tax liability.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year either--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time described in paragraph (1), such designation shall be made on
the page bearing the taxpayer's signature.
``(d) Special Rule in the Case of Joint Return.--In the case of an
eligible individual filing a joint return, upon the consent of such
individual's spouse, the joint income tax payment may be designated
pursuant to subsection (a).
``(e) Explanation of United States Peace Tax Fund Purposes.--Each
publication of general instructions accompanying an income tax return
or a questionnaire return described in section 6039F shall include--
``(1) an explanation of the purpose of the United States
Peace Tax Fund,
``(2) the criteria for determining whether an individual
meets the requirements of section 6(j) of the Military
Selective Service Act (50 U.S.C. App. 456(j)), and
``(3) an explanation of the process for making the
designation provided by this section.''.
(b) Clerical Amendments.--The table of parts of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX--Designation of income tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Designation Information.--
(1) Subpart A of part III of subchapter A of chapter 61 of
the Internal Revenue Code of 1986 (relating to information and
returns) is amended by adding at the end the following new section:
``SEC. 6039F. UNITED STATES PEACE TAX FUND DESIGNATION INFORMATION.
``(a) Questionnaire Return.--Every taxpayer who makes a designation
described in section 6099(a) for any taxable year shall make a
questionnaire return during such year as described in this section. The
questionnaire return shall request the taxpayer to certify such
taxpayer's beliefs about participation in war, the source or genesis of
such beliefs, and how the beliefs affect the taxpayer's life.
``(b) Questionnaire Return Receipt.--Upon receipt of a
questionnaire return that is timely filed, the Secretary shall issue a
receipt to the taxpayer indicating timely filing of such return.''.
(2) The table of sections for such subpart is amended by
adding at the end the following new item:
``Sec. 6039F. United States Peace Tax
Fund designation
information.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) taxable years beginning after December 31, 1996, and
(2) any taxable year ending before January 1, 1997, for
which the time for filing a claim for refund or credit of an
overpayment of tax has not expired on the date of the enactment
of this Act.
(e) Rules Applicable to Returns of Tax for Taxable Years Ending
Before Date of Enactment.--
(1) Penalties for failure to pay tax.--Notwithstanding any
other law, any person's failure or refusal, before the date of
the enactment of this Act, to pay all or a part of the tax
imposed by chapter 1 of the Internal Revenue Code of 1986 shall
not be a violation of Federal law if the person--
(A) pays the tax due (with interest), and
(B) establishes to the satisfaction of the
Secretary of the Treasury that the failure or refusal
to pay was based upon such person's conscientious
objection to participation in war in any form within
the meaning of section 6099(b)(1)(A) of such Code
(defining eligible individual).
(2) Disposition of amounts collected.--There are hereby
transferred to the Fund amounts equivalent to the sum of the
amounts paid into the Treasury by persons under the provisions
of paragraph (1). Such amounts shall be deposited into the Fund
and shall be available only for the purposes provided in this
Act.
SEC. 5. ESTATE TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General.--Subchapter C of chapter 11 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2210. DESIGNATION OF ESTATE TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND.
``An eligible individual (within the meaning of section 6099(b)(1))
may elect that the tax imposed by section 2001 on the taxable estate of
such individual shall be transferred when paid to the United States
Peace Tax Fund established by section 3 of the United States Peace Tax
Fund Act. The election may be made by the executor or administrator of
the estate under written authority of the decedent. Such election shall
be made in such manner as the Secretary shall by regulations
prescribe.''.
(b) Clerical Amendment.--The table of sections for subchapter C of
chapter 11 of the Internal Revenue Code of 1986 is amended by adding at
the end the following:
``Sec. 2210. Designation of estate tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to the estates of decedents dying after December 31,
1996.
SEC. 6. GIFT TAX PAYMENTS TO UNITED STATES PEACE TAX FUND.
(a) In General.--Subchapter A of chapter 12 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 2506. DESIGNATION OF GIFT TAX PAYMENTS FOR TRANSFER TO UNITED
STATES PEACE TAX FUND.
``Any eligible individual (within the meaning of section
6099(b)(1)) may elect that the tax imposed by section 2501 shall be
transferred when paid to the United States Peace Tax Fund established
by section 3 of the United States Peace Tax Fund Act. The election
shall be made in such manner as the Secretary shall by regulations
prescribe.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 12 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 2506. Designation of gift tax
payments for transfer to United
States Peace Tax Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to gifts made after December 31, 1996.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Certification by Comptroller General.--As soon after the close
of each fiscal year as may be practicable, the Comptroller General
shall determine and certify to the Congress and to the President the
percentage of actual appropriations made for a military purpose with
respect to such fiscal year. The certification shall be published in
the Congressional Record upon receipt by the Congress.
(b) Authorization of Appropriations.--There is hereby authorized to
be appropriated for each fiscal year a certain portion of the Fund for
obligation and expenditure in accordance with the provisions of this
Act. Such portion is equal to an amount which is the sum of--
(1) the product of--
(A) all funds transferred to the Fund in the
previous fiscal year, times
(B) the percentage determined under subsection (a)
for such previous fiscal year, plus
(2) all funds in the Fund previously authorized to be
appropriated under this subsection but not yet appropriated
pursuant to this Act.
Funds remaining in the Fund shall accrue interest according to the
prevailing rate in long-term Government bonds.
(c) Surplus Covered Into General Fund.--For each fiscal year, the
portion of the Fund which is attributable to funds transferred to the
Fund in the previous fiscal year and which is not authorized to be
appropriated under subsection (b) is hereby covered into the general
fund of the Treasury of the United States. No part of the funds
transferred to the general fund under this subsection shall be
appropriated for any expenditures, or otherwise obligated, for a
military purpose.
SEC. 8. ELIGIBLE APPROPRIATIONS.
(a) Payments.--Funds appropriated pursuant to the authorization
under section 7(b) shall be available, subject to appropriation, to
make grants, loans, or other arrangements for eligible activities
described in subsection (b).
(b) Eligible Activities.--The following activities are eligible to
receive funds under subsection (a):
(1) Special Supplemental Food Program for Women, Infants
and Children (WIC).
(2) Head Start.
(c) Displacement of Other Funds.--It is the intent of this Act that
the Fund shall not operate to release funds for military expenditures
which, were it not for the existence of the Fund, would otherwise have
been appropriated for nonmilitary expenditures.
SEC. 9. DEFINITIONS.
For the purposes of this Act--
(1) The term ``military purpose'' means any activity or
program which any agency of the Government conducts,
administers, or sponsors and which effects an augmentation of
military forces or of defensive and offensive intelligence
activities, or enhances the capability of any person or nation
to wage war.
(2) The term ``actual appropriations made for a military
purpose'' includes, but is not limited to, amounts appropriated
by the United States in connection with--
(A) the Department of Defense;
(B) the Central Intelligence Agency;
(C) the National Security Council;
(D) the Selective Service System;
(E) activities of the Department of Energy that
have a military purpose;
(F) activities of the National Aeronautics and
Space Administration that have a military purpose;
(G) foreign military aid; and
(H) the training, supplying, or maintaining of
military personnel, or the manufacture, construction,
maintenance, or development of military weapons,
installations, or strategies.
(3) The term ``agency'' means each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency, but does not include--
(A) the Congress; or
(B) the courts of the United States.
(4) The term ``person'' includes an individual,
partnership, corporation, association, or public or private
organization other than an agency.
SEC. 10. SEPARABILITY.
If any section, subsection, or other provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
remainder of this Act and the application of such section, subsection,
or other provision to other persons or circumstances shall not be
affected thereby. | United States Peace Tax Fund Act - Establishes the United States Peace Tax Fund to receive payments designated by qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record.
Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining eligibility for such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to enactment of this Act if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs.
Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary.
Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record.
Authorizes a portion of the Fund (corresponding to amounts expended for military purposes) to be appropriated each fiscal year for the Special Supplemental Food Program for Women, Infants and Children (WIC) and Head Start. | {"src": "billsum_train", "title": "United States Peace Tax Fund Act"} | 3,831 | 351 | 0.584391 | 1.948786 | 0.79768 | 2.923333 | 11.496667 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Structured Settlement Protection
Act''.
SEC. 2. IMPOSITION OF EXCISE TAX ON PERSONS WHO ACQUIRE STRUCTURED
SETTLEMENT PAYMENTS IN FACTORING TRANSACTIONS.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS
``Sec. 5891. Structured settlement
factoring transactions.
``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed on any person who
acquires directly or indirectly structured settlement payment rights in
a structured settlement factoring transaction a tax equal to 40 percent
of the factoring discount as determined under subsection (c)(4) with
respect to such factoring transaction.
``(b) Exception for Certain Approved Transactions.--
``(1) In general.--The tax under subsection (a) shall not
apply in the case of a structured settlement factoring
transaction in which the transfer of structured settlement
payment rights is approved in advance in a qualified order.
``(2) Qualified order.--For purposes of this section, the
term `qualified order' means a final order, judgment, or decree
which--
``(A) finds that the transfer described in
paragraph (1)--
``(i) does not contravene any Federal or
State statute or the order of any court or
responsible administrative authority, and
``(ii) is in the best interest of the
payee, taking into account the welfare and
support of the payee's dependents, and
``(B) is issued--
``(i) under the authority of an applicable
State statute by an applicable State court, or
``(ii) by the responsible administrative
authority (if any) which has exclusive
jurisdiction over the underlying action or
proceeding which was resolved by means of the
structured settlement.
``(3) Applicable state statute.--For purposes of this
section, the term `applicable State statute' means a statute
providing for the entry of an order, judgment, or decree
described in paragraph (2)(A) which is enacted by--
``(A) the State in which the payee of the
structured settlement is domiciled, or
``(B) if there is no statute described in
subparagraph (A), the State in which either the party
to the structured settlement (including an assignee
under a qualified assignment under section 130) or the
person issuing the funding asset for the structured
settlement is domiciled or has its principal place of
business.
``(4) Applicable state court.--For purposes of this
section--
``(A) In general.--The term `applicable State
court' means, with respect to any applicable State
statute, a court of the State which enacted such
statute.
``(B) Special rule.--In the case of an applicable
State statute described in paragraph (3)(B), such term
also includes a court of the State in which the payee
of the structured settlement is domiciled.
``(5) Qualified order dispositive.--A qualified order shall
be treated as dispositive for purposes of the exception under
this subsection.
``(c) Definitions.--For purposes of this section--
``(1) Structured settlement.--The term `structured
settlement' means an arrangement--
``(A) which is established by--
``(i) suit or agreement for the periodic
payment of damages excludable from the gross
income of the recipient under section
104(a)(2), or
``(ii) agreement for the periodic payment
of compensation under any workers' compensation
act excludable from the gross income of the
recipient under section 104(a)(1), and
``(B) under which the periodic payments are--
``(i) of the character described in
subparagraphs (A) and (B) of section 130(c)(2),
and
``(ii) payable by a person who is a party
to the suit or agreement or to the workers'
compensation claim or by a person who has
assumed the liability for such periodic
payments under a qualified assignment in
accordance with section 130.
``(2) Structured settlement payment rights.--The term
`structured settlement payment rights' means rights to receive
payments under a structured settlement.
``(3) Structured settlement factoring transaction.--
``(A) In general.--The term `structured settlement
factoring transaction' means a transfer of structured
settlement payment rights (including portions of
structured settlement payments) made for consideration
by means of sale, assignment, pledge, or other form of
encumbrance or alienation for consideration.
``(B) Exception.--Such term shall not include--
``(i) the creation or perfection of a
security interest in structured settlement
payment rights under a blanket security
agreement entered into with an insured
depository institution in the absence of any
action to redirect the structured settlement
payments to such institution (or agent or
successor thereof) or otherwise to enforce such
blanket security interest as against the
structured settlement payment rights, or
``(ii) a subsequent transfer of structured
settlement payment rights acquired in a
structured settlement factoring transaction.
``(4) Factoring discount.--The term `factoring discount'
means an amount equal to the excess of--
``(A) the aggregate undiscounted amount of
structured settlement payments being acquired in the
structured settlement factoring transaction, over
``(B) the total amount actually paid by the
acquirer to the person from whom such structured
settlement payments are acquired.
``(5) Responsible administrative authority.--The term
`responsible administrative authority' means the administrative
authority which had jurisdiction over the underlying action or
proceeding which was resolved by means of the structured
settlement.
``(6) State.--The term `State' includes any possession of
the United States.
``(d) Coordination With Other Provisions.--
``(1) In general.--If the applicable requirements of
sections 72, 104(a) (1) and (2), 130, and 461(h) were satisfied
at the time the structured settlement was entered into, the
subsequent occurrence of a structured settlement factoring
transaction shall not affect the application of the provisions
of such sections to the parties to the structured settlement
(including an assignee under a qualified assignment under
section 130) in any taxable year.
``(2) No withholding of tax.--The provisions of section
3405 regarding withholding of tax shall not apply to the person
making the payments in the event of a structured settlement
factoring transaction.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:
``Chapter 55. Structured settlement
factoring transactions.''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section (other
than the provisions of section 5891(d) of the Internal Revenue
Code of 1986, as added by this section) shall apply to
structured settlement factoring transactions (as defined in
section 5891(c) of such Code as adopted by this section)
entered into on or after the 30th day following the date of the
enactment of this Act.
(2) Clarification of existing law.--Section 5891(d) of such
Code (as so added) shall apply to transactions entered into
before, on, or after such 30th day.
(3) Transition rule.--In the case of a structured
settlement factoring transaction entered into during the period
beginning on the 30th day following the date of the enactment
of this Act and ending on July 1, 2002, no tax shall be imposed
under section 5891(a) of such Code if--
(A) the structured settlement payee is domiciled in
a State (or possession of the United States) which has
not enacted a statute providing that the structured
settlement factoring transaction is ineffective unless
the transaction has been approved by an order,
judgment, or decree of a court (or where applicable, a
responsible administrative authority) which finds that
such transaction--
(i) does not contravene any Federal or
State statute or the order of any court (or
responsible administrative authority), and
(ii) is in the best interest of the
structured settlement payee or is appropriate
in light of a hardship faced by the payee, and
(B) the person acquiring the structured settlement
payment rights discloses to the structured settlement
payee in advance of the structured settlement factoring
transaction the amounts and due dates of the payments
to be transferred, the aggregate amount to be
transferred, the consideration to be received by the
structured settlement payee for the transferred
payments, the discounted present value of the
transferred payments including the present value as
determined in the manner described in section 7520 of
such Code, and the expenses required under the terms of
the structured settlement factoring transaction to be
paid by the structured settlement payee or deducted
from the proceeds of such transaction. | Structured Settlement Protection Act - Amends the Internal Revenue Code to impose an excise tax on persons acquiring structured settlement payments in factoring transactions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose an excise tax on persons who acquire structured settlement payments in factoring transactions, and for other purposes."} | 2,054 | 35 | 0.568378 | 1.38087 | 0.879019 | 2.84 | 73.4 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Rescissions Act of 1993''.
SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.
(a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:
``expedited consideration of certain proposed rescissions
``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
``(b) Transmittal of Special Message.--
``(1) Not later than 3 days after the date of enactment of
an appropriation Act, the President may transmit to Congress
one or more special messages proposing to rescind all or any
part of any item of budget authority provided in that Act and
include with each special message a draft bill or joint
resolution that, if enacted, would rescind each item of budget
authority (or part thereof) proposed to be rescinded.
``(2) Each special message shall specify, with respect to
the budget authority proposed to be rescinded, the matters
referred to in paragraphs (1) through (5) of section 1012(a).
``(c) Procedures for Expedited Consideration.--
``(1)(A) Before the close of the second day of continuous
session of the applicable House after the date of receipt of a
special message transmitted to Congress under subsection (b),
the majority leader or minority leader of the House of Congress
in which the appropriation Act involved originated shall
introduce (by request) the draft bill or joint resolution
accompanying that special message. If the bill or joint
resolution is not introduced as provided in the preceding
sentence, then, on the third day of continuous session of that
House after the date of receipt of that special message, any
Member of that House may introduce the bill or joint
resolution.
``(B) The bill or joint resolution shall be referred to the
Committee on Appropriations of that House. The committee shall
report the bill or joint resolution without substantive
revision and with or without recommendation. The bill or joint
resolution shall be reported not later than the seventh day of
continuous session of that House after the date of receipt of
that special message. If the Committee on Appropriations fails
to report the bill or joint resolution within that period, that
committee shall be automatically discharged from consideration
of the bill or joint resolution, and the bill or joint
resolution shall be placed on the appropriate calendar.
``(C) A vote on final passage of the bill or joint
resolution shall be taken in that House on or before the close
of the 10th calendar day of continuous session of that House
after the date of the introduction of the bill or joint
resolution in that House. If the bill or joint resolution is
agreed to, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the bill or joint resolution to be engrossed, certified, and
transmitted to the other House of Congress on the same calendar
day on which the bill or joint resolution is agreed to.
``(2)(A) A bill or joint resolution transmitted to the
House of Representatives or the Senate pursuant to paragraph
(1)(C) shall be referred to the Committee on Appropriations of
that House. The committee shall report the bill or joint
resolution without substantive revision and with or without
recommendation. The bill or joint resolution shall be reported
not later than the seventh day of continuous session of that
House after it receives the bill or joint resolution. A
committee failing to report the bill or joint resolution within
such period shall be automatically discharged from
consideration of the bill or joint resolution, and the bill or
joint resolution shall be placed upon the appropriate calendar.
``(B) A vote on final passage of a bill or joint resolution
transmitted to that House shall be taken on or before the close
of the 10th calendar day of continuous session of that House
after the date on which the bill or joint resolution is
transmitted. If the bill or joint resolution is agreed to in
that House, the Clerk of the House of Representatives (in the
case of a bill or joint resolution agreed to in the House of
Representatives) or the Secretary of the Senate (in the case of
a bill or joint resolution agreed to in the Senate) shall cause
the engrossed bill or joint resolution to be returned to the
House in which the bill or joint resolution originated.
``(3)(A) A motion in the House of Representatives to
proceed to the consideration of a bill or joint resolution
under this section shall be highly privileged and not
debatable. An amendment to the motion shall not be in order,
nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a bill or
joint resolution under this section shall not exceed 4 hours,
which shall be divided equally between those favoring and those
opposing the bill or joint resolution. A motion further to
limit debate shall not be debatable. It shall not be in order
to move to recommit a bill or joint resolution under this
section or to move to reconsider the vote by which the bill or
joint resolution is agreed to or disagreed to.
``(C) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a bill or joint resolution under this
section shall be decided without debate.
``(D) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
bill or joint resolution under this section shall be governed
by the Rules of the House of Representatives.
``(4)(A) A motion in the Senate to proceed to the
consideration of a bill or joint resolution under this section
shall be privileged and not debatable. An amendment to the
motion shall not be in order, nor shall it be in order to move
to reconsider the vote by which the motion is agreed to or
disagreed to.
``(B) Debate in the Senate on a bill or joint resolution
under this section, and all debatable motions and appeals in
connection therewith, shall not exceed 10 hours. The time shall
be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or
appeal in connection with a bill or joint resolution under this
section shall be limited to not more than 1 hour, to be equally
divided between, and controlled by, the mover and the manager
of the bill or joint resolution, except that in the event the
manager of the bill or joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be
controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control
on the passage of a bill or joint resolution, allot additional
time to any Senator during the consideration of any debatable
motion or appeal.
``(D) A motion in the Senate to further limit debate on a
bill or joint resolution under this section is not debatable. A
motion to recommit a bill or joint resolution under this
section is not in order.
``(d) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
``(e) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
``(f) Definitions.--For purposes of this section--
``(1) The term `appropriation Act' means any general or
special appropriation Act, and any Act or joint resolution
making supplemental, deficiency, or continuing appropriations.
``(2) The continuity of a session of the Congress shall be
considered as broken only by an adjournment of the Congress
sine die, and the days on which either House is not in session
because of an adjournment of more than 3 days to a day certain
shall be excluded in the computation of the periods of
continuous session referred to in subsection (c) of this
section. If a special message is transmitted under this section
during any Congress and the last session of the Congress
adjourns sine die before the expiration of 10 calendar days of
continuous session (or a special message is transmitted after
the last session of the Congress adjourns sine die), the
message shall be deemed to have been transmitted on the first
day of the succeeding Congress and the periods of continuous
session referred to in subsection (c) of this section shall
commence on the day after such first day.''.
(b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
(1) by striking ``and 1017'' in subsection (a) and
inserting ``1013, and 1018''; and
(2) by striking ``section 1017'' in subsection (d) and
inserting ``sections 1013 and 1018''.
(c) Conforming Amendments.--
(1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
(A) in paragraph (4), by striking ``1013'' and
inserting ``1014''; and
(B) in paragraph (5)--
(i) by striking ``1016'' and inserting
``1017''; and
(ii) by striking ``1017(b)(1)'' and
inserting ``1018(b)(1)''.
(2) Section 1015 of such Act (2 U.S.C. 685) (as
redesignated by section 2(a)) is amended--
(A) by striking ``1012 or 1013'' each place it
appears and inserting ``1012, 1013, or 1014'';
(B) in subsection (b)(1), by striking ``1012'' and
inserting ``1012 or 1013'';
(C) in subsection (b)(2), by striking ``1013'' and
inserting ``1014''; and
(D) in subsection (e)(2)--
(i) by striking ``and'' at the end of
subparagraph (A);
(ii) by redesignating subparagraph (B) as
subparagraph (C);
(iii) by striking ``1013'' in subparagraph
(C) (as so redesignated) and inserting
``1014''; and
(iv) by inserting after subparagraph (A)
the following new subparagraph:
``(B) he has transmitted a special message under
section 1013 with respect to a proposed rescission;
and''.
(3) Section 1016 of such Act (2 U.S.C. 686) (as
redesignated by section 2(a)) is amended by striking ``1012 or
1013'' each place it appears and inserting ``1012, 1013, or
1014''.
(d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
(1) by redesignating the items relating to sections 1013
through 1017 as items relating to sections 1014 through 1018;
and
(2) by inserting after the item relating to section 1012
the following new item:
``Sec. 1013. Expedited consideration of certain proposed
rescissions.''. | Enhanced Rescissions Act of 1993 - Amends the Congressional Budget and Impoundment Control Act of 1974 to allow the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill.
Requires that such special message be transmitted not later than three days after the enactment of an appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded.
Sets forth House and Senate procedures for the expedited consideration of such a proposal. | {"src": "billsum_train", "title": "Enhanced Rescissions Act of 1993"} | 2,788 | 159 | 0.686878 | 1.889594 | 0.741044 | 3.726496 | 21.760684 | 0.905983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Access for Small
Businesses Act of 2006''.
SEC. 2. THREE-SHARE PROGRAMS.
The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:
``TITLE XXII--PROVIDING FOR THE UNINSURED
``SEC. 2201. THREE-SHARE PROGRAMS.
``(a) Pilot Programs.--The Secretary, acting through the
Administrator, shall award grants under this section for the startup
and operation of 50 eligible three-share pilot programs for a 5-year
period.
``(b) Grants for Three-Share Programs.--
``(1) Establishment.--The Administrator may award grants to
eligible entities--
``(A) to establish three-share programs;
``(B) to provide for contributions to the premiums
assessed for coverage under a three-share program as
provided for in subsection (c)(2)(B)(iii); and
``(C) to establish risk pools.
``(2) Three-share program plan.--Each entity desiring a
grant under this subsection shall develop a plan for the
establishment and operation of a three-share program that meets
the requirements of paragraphs (2) and (3) of subsection (c).
``(3) Application.--Each entity desiring a grant under this
subsection shall submit an application to the Administrator at
such time, in such manner and containing such information as
the Administrator may require, including--
``(A) the three-share program plan described in
paragraph (2); and
``(B) an assurance that the eligible entity will--
``(i) determine a benefit package;
``(ii) recruit businesses and employees for
the three-share program;
``(iii) build and manage a network of
health providers or contract with an existing
network or licensed insurance provider;
``(iv) manage all administrative needs; and
``(v) establish relationships among
community, business, and provider interests.
``(4) Priority.--In awarding grants under this section the
Secretary shall give priority to an applicant--
``(A) that is an existing three-share program;
``(B) that is an eligible three-share program that
has demonstrated community support; or
``(C) that is located in a State with insurance
laws and regulations that permit three-share program
expansion.
``(c) Grant Eligibility.--
``(1) In general.--The Secretary, acting through the
Administrator, shall promulgate regulations providing for the
eligibility of three-share programs for participation in the
pilot program under this section.
``(2) Three-share program requirements.--
``(A) In general.--To be determined to be an
eligible three-share program for purposes of
participation in the pilot program under this section a
three-share program shall--
``(i) be either a non-profit or local
governmental entity;
``(ii) define the region in which such
program will provide services;
``(iii) have the capacity to carry out
administrative functions of managing health
plans, including monthly billings,
verification/enrollment of eligible employers
and employees, maintenance of membership
rosters, development of member materials (such
as handbooks and identification cards),
customer service, and claims processing; and
``(iv) have demonstrated community
involvement.
``(B) Payment.--To be eligible under paragraph (1),
a three-share program shall pay the costs of services
provided under subparagraph (A)(ii) by charging a
monthly premium for each covered individual to be
divided as follows:
``(i) Not more than 30 percent of such
premium shall be paid by a qualified employee
desiring coverage under the three-share
program.
``(ii) Not more than 30 percent of such
premium shall be paid by the qualified employer
of such a qualified employee.
``(iii) At least 40 percent of such premium
shall be paid from amounts provided under a
grant under this section.
``(iv) Any remaining amount shall be paid
by the three-share program from other public,
private, or charitable sources.
``(C) Program flexibility.--To provide program
design flexibility to accommodate the needs of
different States, regions, and communities, both urban
and rural, a three-share program may include the
following:
``(i) Income eligibility guidelines for
enrollment purposes.
``(ii) Procedures to permit the enrollment
of individuals, as well as small businesses, in
which case the enrollee would be responsible
for payment of the employer's share of the
premium.
``(iii) For individual enrollees, and
employer groups of less than 4 individuals, the
program may impose limitations on the payment
of services for pre-existing health conditions
during the first year of enrollment.
``(3) Coverage.--
``(A) In general.--To be an eligible three-share
program under this section, the three-share program
shall provide at least the following benefits:
``(i) Physicians services.
``(ii) In-patient hospital services.
``(iii) Out-patient services.
``(iv) Emergency room visits.
``(v) Emergency ambulance services.
``(vi) Diagnostic lab fees and x-rays.
``(vii) Prescription drug benefits.
``(B) Limitation.--Nothing in subparagraph (A)
shall be construed to require that a three-share
program provide coverage for services performed outside
the region described in paragraph (2)(A)(i).
``(C) Preexisting conditions.--A program described
in subparagraph (A) shall not be an eligible three-
share program under paragraph (1) if any individual can
be excluded from coverage under such program because of
a preexisting health condition.
``(d) Grants for Existing Three-Share Programs To Meet
Certification Requirements.--
``(1) In general.--The Administrator may award grants to
three-share programs that are operating on the date of
enactment of this section.
``(2) Application.--Each eligible entity desiring a grant
under this subsection shall submit an application to the
Administrator at such time, in such manner, and containing such
information as the Administrator may require.
``(e) Application of State Laws.--Nothing in this section shall be
construed to preempt State law.
``(f) Distressed Business Formula.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Administrator of the Health
Resources and Services Administration shall develop a formula
to determine which businesses qualify as distressed businesses
for purposes of this section.
``(2) Effect on insurance market.--Granting eligibility to
a distressed business using the formula under paragraph (1)
shall not interfere with the insurance market. Any business
found to have reduced benefits to qualify as a distressed
business under the formula under paragraph (1) shall not be
eligible to be a three-share program for purposes of this
section.
``(g) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Health Resources and Services
Administration.
``(2) Covered individual.--The term `covered individual'
means--
``(A) a qualified employee; or
``(B) a child under the age of 23 or a spouse of
such qualified employee who--
``(i) lacks access to health care coverage
through their employment or employer;
``(ii) lacks access to health coverage
through a family member;
``(iii) is not eligible for coverage under
the medicare program under title XVIII or the
medicaid program under title XIX; and
``(iv) does not qualify for benefits under
the State Children's Health Insurance Program
under title XXI.
``(3) Distressed business.--The term `distressed business'
means a business that--
``(A) in light of economic hardship and rising
health care premiums may be forced to discontinue or
scale back its health care coverage; and
``(B) qualifies as a distressed business according
to the formula under subsection (g).
``(4) Eligible entity.--The term `eligible entity' means an
entity that meets the requirements of subsection (a)(2)(A).
``(5) Qualified employee.--The term `qualified employee'
means any individual employed by a qualified employer who meets
certain criteria including--
``(A) lacking access to health coverage through a
family member or common law partner;
``(B) not being eligible for coverage under the
medicare program under title XVIII or the medicaid
program under title XIX; and
``(C) agreeing that the share of fees described in
subsection (a)(2)(B)(i) shall be paid in the form of
payroll deductions from the wages of such individual.
``(6) Qualified employer.--The term `qualified employer'
means an employer as defined in section 3(d) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(d)) who--
``(A) is a small business concern as defined in
section 3(a) of the Small Business Act (15 U.S.C. 632);
``(B) is located in the region described in
subsection (a)(2)(A)(i); and
``(C) has not contributed to the health care
benefits of its employees for at least 12 months
consecutively or currently provides insurance but is
classified as a distressed business.
``(h) Evaluation.--Not later than 90 days after the end of the 5-
year period during which grants are available under this section, the
General Accounting Office shall begin preparing a report for the
Secretary and the appropriate committees of Congress concerning--
``(1) the effectiveness of the programs established under
this section;
``(2) the number of individuals covered under such
programs;
``(3) any resulting best practices; and
``(4) the level of community involvement.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated and there is appropriated to carry out this section
$100,000,000 for each of fiscal years 2007 through 2012.''. | Health Care Access for Small Businesses Act of 2006 - Amends the Social Security Act to create a new title XXII to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for the startup and operation of 50 eligible three-share pilot programs for a five-year period. Characterizes a three-share program as three-way health insurance premium sharing among employer, employee, and the grant funds.
Authorizes the use of grants to establish three-share programs, provide for contributions to premiums, and establish risk pools.
Requires grant applicants to: (1) be either nonprofits or local governmental entities; (2) define the program's service region; (3) have the capacity to carry out administrative functions associated with managing health plans; and (4) have demonstrated community involvement.
Requires programs to pay for the costs of services through monthly premiums, divided among employee, employer, and grant funds according to specified percentages.
Sets forth minimal coverage requirements for three-share program eligibility.
Requires the Administrator to develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. | {"src": "billsum_train", "title": "A bill to provide for the certification of programs to provide uninsured employees of small businesses access to health coverage, and for other purposes."} | 2,324 | 250 | 0.678562 | 1.847404 | 0.833589 | 3.078261 | 9.378261 | 0.878261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asia-Pacific Economic Cooperation
Business Travel Cards Act of 2017''.
SEC. 2. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
(a) In General.--Subtitle B of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
section 417 the following new section:
``SEC. 418. ASIA-PACIFIC ECONOMIC COOPERATION BUSINESS TRAVEL CARDS.
``(a) In General.--The Commissioner of U.S. Customs and Border
Protection is authorized to issue Asia-Pacific Economic Cooperation
Business Travel Cards (referred to in this section as an `ABT Card') to
an individual described in subsection (b).
``(b) Card Issuance.--An individual described in this subsection is
an individual--
``(1) who--
``(A) is a citizen of the United States; and
``(B) has been approved and is in good standing in
an existing international trusted traveler program of
the Department; and
``(2) who--
``(A) is engaged in business in the Asia-Pacific
region, as determined by the Commissioner of U.S.
Customs and Border Protection; or
``(B) is a United States Government official
actively engaged in Asia-Pacific Economic Cooperation
business, as determined by the Commissioner of U.S.
Customs and Border Protection.
``(c) Integration With Existing Travel Programs.--The Commissioner
of U.S. Customs and Border Protection shall integrate application
procedures for, and issuance, renewal, and revocation of, ABT Cards
with existing international trusted traveler programs of the
Department.
``(d) Cooperation With Private Entities and Nongovernmental
Organizations.--In carrying out this section, the Commissioner of U.S.
Customs and Border Protection may consult with appropriate private
sector entities and nongovernmental organizations, including academic
institutions.
``(e) Fee.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection shall--
``(A) prescribe and collect a fee for the issuance
and renewal of ABT Cards; and
``(B) adjust such fee to the extent the
Commissioner determines necessary to comply with
paragraph (2).
``(2) Limitation.--The Commissioner of U.S. Customs and
Border Protection shall ensure that the total amount of the
fees collected under paragraph (1) during any fiscal year is
sufficient to offset the direct and indirect costs associated
with carrying out this section during such fiscal year,
including the costs associated with operating and maintaining
the ABT Card issuance and renewal processes.
``(3) Account for collections.--There is established in the
Treasury of the United States an `Asia-Pacific Economic
Cooperation Business Travel Card Account' into which the fees
collected under paragraph (1) shall be deposited as offsetting
receipts.
``(4) Use of funds.--Amounts deposited into the Asia
Pacific Economic Cooperation Business Travel Card Account
described in paragraph (3) shall--
``(A) be credited to the appropriate account of the
U.S. Customs and Border Protection for expenses
incurred in carrying out this section; and
``(B) remain available until expended.
``(f) Notification.--The Commissioner of U.S. Customs and Border
Protection shall notify the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate within 60 days of any expenses
incurred to operate and provide ABT Card services beyond the amounts
collected pursuant subsection (e).
``(g) Trusted Traveler Program Defined.--In this section, the term
`trusted traveler program' means a voluntary program of the Department
that allows U.S. Customs and Border Protection to expedite clearance of
pre-approved, low-risk travelers arriving in the United States.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 417 the following new item:
``Sec. 418. Asia-Pacific Economic Cooperation Business Travel Cards.''.
SEC. 3. ACCOUNT.
(a) In General.--Notwithstanding the repeal of the Asia-Pacific
Economic Cooperation Business Travel Cards Act of 2011 (Public Law 112-
54; 8 U.S.C. 1185 note) pursuant to section 4(b) of this Act, amounts
deposited into the APEC Business Travel Card Account established
pursuant to such Act as of the date of the enactment of this Act are
hereby transferred to the Asia-Pacific Economic Cooperation Business
Travel Card Account established pursuant to subsection (e) of section
418 of the Homeland Security Act of 2002 (as added by section 2 of this
Act), and shall be available without regard to whether such amounts are
expended in connection with expenses incurred with respect to an ABT
Card issued at any time before or after such date of enactment.
(b) Availability.--Amounts deposited in the Asia-Pacific Economic
Cooperation Business Travel Card Account established pursuant to
subsection (e) of section 418 of the Homeland Security Act of 2002
shall, in addition to the purposes for which such amounts are available
pursuant to such subsection, also be available for expenditure in
connection with expenses incurred with respect to ABT Cards issued at
any time before the date of the enactment of such section.
(c) Termination.--After the transfer described in subsection (a)
has been carried out, the Asia-Pacific Economic Cooperation Business
Travel Card Account established pursuant to the Asia-Pacific Economic
Cooperation Business Travel Cards Act of 2011 is closed.
SEC. 4. CONFORMING AMENDMENTS AND REPEAL.
(a) Conforming Amendments.--Subsection (c) of section 411 of the
Homeland Security Act of 2002 (6 U.S.C. 211) is amended--
(1) in paragraph (17), by striking ``and'' after the
semicolon at the end;
(2) by redesignating paragraph (18) as paragraph (19); and
(3) by inserting after paragraph (17) the following new
paragraph:
``(18) carry out section 418, relating to the issuance of
Asia-Pacific Economic Cooperation Business Travel Cards; and''.
(b) Repeal.--
(1) In general.--The Asia-Pacific Economic Cooperation
Business Travel Cards Act of 2011 (Public Law 112-54; 8 U.S.C.
1185 note) is repealed.
(2) Saving clause.--Notwithstanding the repeal under
paragraph (1), an ABT Card issued pursuant to the Asia-Pacific
Economic Cooperation Business Travel Cards Act of 2011 before
the date of the enactment of this Act that, as of such date, is
still valid, shall continue to remain valid on and after such
date until such time as such Card would otherwise expire. | Asia-Pacific Economic Cooperation Business Travel Cards Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to authorize U.S. Customs and Border Protection (CBP) to issue an Asia-Pacific Economic Cooperation Business Travel Card (ABT Card) to an individual who: (1) is a U.S. citizen who has been approved and is in good standing in an existing Department of Homeland Security (DHS) international trusted traveler program, and (2) is engaged in business in the Asia-Pacific region or is a U.S. government official engaged in Asia-Pacific Economic Cooperation business. The bill: (1) transfers card program authority from the the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 (APECBTC Act) to the Homeland Security Act of 2002; and (2) makes the program, which is scheduled to end on September 30, 2018, permanent. The CBP shall: (1) integrate application procedures for, and issuance, renewal, and revocation of, ABT cards with existing DHS international trusted traveler programs; (2) prescribe and collect a fee for card issuance and renewal, and (3) notify Congress if card program expenditures exceed collected amounts. The bill establishes in the Treasury an Asia-Pacific Economic Cooperation Business Travel Card Account (Account). (Sec. 3) Amounts in the travel card account under the Asia-Pacific Economic Cooperation Business Travel Cards Act of 2011 are transferred to the Account and shall be available for expenses incurred with any card. (Sec. 4) The APECBTC Act is repealed. A card issued pursuant to such Act before the date of enactment of this bill shall remain valid until it expires. | {"src": "billsum_train", "title": "Asia-Pacific Economic Cooperation Business Travel Cards Act of 2017"} | 1,564 | 367 | 0.689406 | 2.07092 | 0.840035 | 3.828221 | 4.211656 | 0.90184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Semiautomatic Assault Weapon
Violence Prevention Act of 1993''.
SEC. 2. PROHIBITION OF SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended--
(1) in paragraph (28) by striking ```semiautomatic rifle'
means any repeating rifle'' and inserting ```semiautomatic
firearm' means a repeating firearm''; and
(2) by adding at the end the following new paragraph:
``(29) The term `semiautomatic assault weapon'--
``(A) means--
``(i) any of the semiautomatic firearms known as--
``(I) A.A. Arms AP-9;
``(II) Auto-Ordnance Thompson;
``(III) Barrett Light-Fifty;
``(IV) Beretta AR-70;
``(V) Bushmaster Auto Rifle;
``(VI) Calico M-900 and M-950;
``(VII) Cobray, Ingram and RPB MAC-10 and
MAC-11;
``(VIII) Colt AR-15 and Sporter;
``(IX) Encom MP-9 and MP-45;
``(X) Fabrique Nationale FN/FAL, FN/LAR,
and FNC;
``(XI) Feather AT-9;
``(XII) Federal XP900 and XP450;
``(XIII) Franchi SPAS-12;
``(XIV) Intratec TEC-9 and TEC-22;
``(XV) Israeli Military Industries UZI and
Galil;
``(XVI) Iver Johnson Enforcer 3000;
``(XVII) Norinco, Mitchell and Poly
Technologies Avtomat Kalashnikovs;
``(XVIII) Steyr AUG; or
``(XIX) USAS-12;
``(ii) a revolving-cylinder shotgun such as or
similar to the Street Sweeper or Striker 12; and
``(iii) a semiautomatic firearm designated by the
Secretary as a semiautomatic assault weapon under
section 931; and
``(B) does not include (among other firearms)--
``(i) any of the firearms known as--
``(I) Remington Model 1100 shotgun;
``(II) Remington Model 7400 rifle;
``(III) Mossberg Model 5500 shotgun;
``(IV) HK Model 300 rifle;
``(V) Marlin Model 9 camp carbine;
``(VI) Browning High-Power rifle; or
``(VII) Remington Nylon 66 auto loading
rifle;
``(ii) a firearm that is a manually operated bolt
action firearm;
``(iii) a lever action firearm;
``(iv) a slide action firearm; or
``(v) a firearm that has been rendered permanently
inoperable.''.
(b) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(s)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a semiautomatic assault weapon.
``(2) This subsection does not apply with respect to--
``(A) a transfer to or by, or possession by or under the
authority of the United States or a department or agency of the
United States or a State or a department, agency, or political
subdivision of a State;
``(B) a lawful transfer or lawful possession of a
semiautomatic assault weapon that was lawfully possessed before
the effective date of this subsection or, in the case of a
semiautomatic firearm that the Secretary designates as a
semiautomatic assault weapon pursuant to section 931, before
the date on which the designation is made; or
``(C) the transfer or possession of a semiautomatic assault
weapon by a licensed manufacturer or licensed importer for the
purposes of testing or experimentation authorized by the
Secretary.''.
(c) Designation of Semiautomatic Assault Weapons.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 931. Designation of semiautomatic assault weapons
``(a) In General.--Not later than 180 days after the date of
enactment of this section, and annually thereafter, the Secretary, in
consultation with the Attorney General, shall determine whether any
other semiautomatic firearm (other than a firearm described in section
921(a)(29)(B)) should be designated as a semiautomatic assault weapon
in addition to those previously designated by section 921(a)(29)(A) or
by the Secretary under this section.
``(b) Criteria.--(1) The Secretary shall by regulation designate as
a semiautomatic assault weapon a rifle, pistol, or shotgun that is a
semiautomatic firearm and that is described in paragraph (2), (3), (4),
or (5).
``(2) A replica or duplicate in any caliber of a semiautomatic
firearm described in section 921(a)(29)(A)(i) is a semiautomatic
assault weapon.
``(3) A rifle that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or readily adaptable to sporting purposes;
``(B) has an ability to accept a detachable magazine; and
``(C) has at least 2 of the following characteristics:
``(i) A folding or telescoping stock.
``(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
``(iii) A bayonet mount.
``(iv) A flash suppressor or threaded barrel
designed to accommodate a flash suppressor.
``(v) A grenade launcher.
``(4) A pistol that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
``(B) has an ability to accept a detachable magazine; and
``(C) has at least 2 of the following characteristics:
``(i) An ammunition magazine that attaches to the
pistol outside of the pistol grip.
``(ii) A threaded barrel capable of accepting a
barrel extender, flash suppressor, forward hand grip,
or silencer.
``(iii) A shroud that is attached to or partially
or completely encircles the barrel and that permits the
shooter to hold the firearm with the second hand
without being burned.
``(iv) A manufactured weight of 50 ounces or more
when the pistol is unloaded.
``(v) A semiautomatic version of an automatic
firearm.
``(5) A shotgun that is a semiautomatic firearm is a semiautomatic
assault weapon if it--
``(A) is not generally recognized as being particularly
suitable for or adaptable to sporting purposes; and
``(B) has at least 2 of the following characteristics:
``(i) A folding or telescoping stock.
``(ii) A pistol grip that protrudes conspicuously
beneath the action of the weapon.
``(iii) A fixed magazine capacity in excess of 6
rounds.
``(iv) An ability to accept a detachable
magazine.''.
(2) Technical amendment.--The chapter analysis for chapter
44 of title 18, United States Code, is amended by adding at the
end the following new item:
``931. Designation of semiautomatic assault weapons.''.
(d) Penalties.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ``or 922(q)'' and inserting ``922 (q),
(r), or (s)''.
(e) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following new sentence: ``The serial number of a
semiautomatic assault weapon shall clearly show if the weapon was
manufactured or imported after the effective date of this sentence.''.
SEC. 3. PROHIBITION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, as
amended by section 2, is amended by adding at the end the following new
subsection:
``(t)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition feeding
device.
``(2) This subsection does not apply with respect to--
``(A) a transfer to or by, or possession by or under the
authority of, the United States or any department or agency of
the United States or a State, or a department, agency, or
political subdivision of a State;
``(B) a lawful transfer or lawful possession of a large
capacity ammunition feeding device that was lawfully possessed
before the effective date of this subsection other than a
transfer by a licensed dealer; or
``(C) the transfer or possession of a large capacity
ammunition feeding device by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Secretary.''.
(b) Large Capacity Ammunition Feeding Device Defined.--Section
921(a) of title 18, United States Code, as amended by section 2, is
amended by adding at the end the following new paragraph:
``(30) The term `large capacity ammunition feeding device'--
``(A) means--
``(i) a magazine, belt, drum, feed strip, or
similar device that has a capacity of, or that can be
readily restored or converted to accept, more than 10
rounds of ammunition; and
``(ii) any combination of parts from which a device
described in clause (i) can be assembled, but
``(B) does not include an attached tubular device designed
to accept and capable of operating only with .22 caliber
rimfire ammunition.''.
(c) Large Capacity Ammunition Feeding Devices Defined and Treated
as Firearms.--Section 921(a)(3) of title 18, United States Code, is
amended in the first sentence--
(1) by striking ``or''; and
(2) by striking ``device.'' and inserting ``, or (E) any
large capacity ammunition feeding device.''.
(d) Penalty.--Section 924(a)(1)(B) of title 18, United States Code,
as amended by section 2(d), is amended by striking ``or (s)'' and
inserting ``(s), or (t)''.
(e) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, is amended by
adding at the end the following new sentence: ``A large capacity
ammunition feeding device shall be identified by a serial number that
clearly shows the device was manufactured or imported after the
effective date of this subsection, and such other identification as the
Secretary may by regulations prescribe.''. | Semiautomatic Assault Weapon Violence Prevention Act of 1993 - Amends the Federal criminal code to make it unlawful to transfer or possess a semiautomatic assault weapon. Makes this Act inapplicable to the transfer or possession of a weapon: (1) by a Federal or State agency; (2) that was lawfully possessed before this Act's enactment or, in the case of a semiautomatic firearm designated as a semiautomatic assault weapon under this Act, before the designation is made; or (3) by a licensed manufacturer or importer for purposes of authorized testing or experimentation.
Directs the Secretary of the Treasury to designate a rifle, pistol, or shotgun that is a semiautomatic firearm and meets specified criteria as a semiautomatic assault weapon.
Makes it unlawful to transfer or possess a large capacity ammunition feeding device except in connection with activities parallel to those listed for the possession or transfer of semiautomatic assault weapons.
Requires the serial numbers of such weapons or devices to clearly show if they were manufactured or imported after this Act's effective date. | {"src": "billsum_train", "title": "Semiautomatic Assault Weapon Violence Prevention Act of 1993"} | 2,671 | 237 | 0.504021 | 1.370439 | 0.717611 | 3.675127 | 11.502538 | 0.883249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Automobile Damage Consumer
Protection Act of 1993''.
SEC. 2. MOTOR VEHICLE DAMAGE DISCLOSURE REQUIREMENTS.
The Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1901
et seq.) is amended by inserting at the end the following new title:
``TITLE VII--DAMAGE DISCLOSURE REQUIREMENTS
``SEC. 701. DAMAGE DISCLOSURE STATEMENT.
``(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary shall issue such regulations
as may be necessary to require, prior to the transfer of title of a
motor vehicle in any State, that the person transferring such vehicle
disclose to the transferee, in writing, any damage to the motor
vehicle, which occurred during the time such person owned the motor
vehicle, if the cost to repair the motor vehicle to its predamaged
condition exceeded, or will exceed, $1,000 at the time of the transfer
of title. A copy of the damage disclosure statement shall be submitted
by such person to the motor vehicle department of the State issuing the
title.
``(b) Specific Guidelines.--In carrying out the provisions of
subsection (a), the Secretary shall require, in addition to the damage
disclosure statement required by subsection (a), that each certificate
of title issued by a State on or after the date of enactment of this
section include--
``(1) an area for a damage disclosure form, which shall be
located on the back of each certificate of title;
``(2) each certificate of title shall also contain on its
front a statement as to whether previous damage disclosure
statements indicate the motor vehicle had been damaged at one
time in excess of $1,000;
``(3) a damage disclosure form, which will enable the
person transferring the vehicle to disclose to the transferee
any damage to the motor vehicle that must be disclosed under
the provisions of subsection (a);
``(4) a diagram of a motor vehicle on which any damage to
the motor vehicle that must be disclosed under the provisions
of subsection (a) is to be indicated by circling the damaged
area(s) on the diagram; and
``(5) a written statement indicating that damage disclosure
is a requirement of Federal law.
``(c) Uniform Certificates of Title.--Not later than 180 days after
the date of enactment of this section, the Secretary shall prescribe by
rule the form and content of all certificates of title.
``SEC. 702. FAILURE TO REPAIR.
``In carrying out the provisions of this title, the Secretary shall
provide that the failure to repair a damaged motor vehicle to its
predamaged condition, when the cost of such repairs would have exceeded
$1,000, shall not exempt any person from the damage disclosure
requirements of this title.
``SEC. 703. RECORD-KEEPING REQUIREMENT.
``In carrying out the provisions of this title, the Secretary shall
require each State to establish and maintain records of all damage
disclosure statements submitted to the State in accordance the
provisions of section 701(a). The State shall include these statements
in the title history of the motor vehicles indicated in such
statements.
``SEC. 704. CERTAIN VEHICLES EXEMPTED.
``The regulations promulgated pursuant to section 701(a) shall not
apply to any motor vehicle that--
``(1) is more than 9 model years old at the time of
transfer of title; or
``(2) has a gross weight in excess of 16,000 pounds.
``SEC. 705. CRIMINAL PENALTIES.
``(a) In General.--Any person who knowingly and willfully commits
any act or causes to be done any act that violates any provision of
this title or knowingly and willfully omits to do any act or causes to
be omitted any act that is required by any such provision shall be
guilty of a Class A misdemeanor, as defined in section 3559 of title
18, United States Code, and shall be punished in accordance with the
provisions of that section.
``(b) Repeat Offenders.--In the case of a person's second or
subsequent conviction under subsection (a), such person shall be guilty
of a Class E felony, as defined in section 3559 of title 18, United
States Code, and shall be punished in accordance with the provisions of
that section.
``SEC. 706. CIVIL PENALTIES.
``(a) In General.--Any person who violates any provision of this
title shall be subject to a civil penalty of not more than $2,000 for
each such violation. A violation of this title shall, for purposes of
this section, constitute a separate violation with respect to each
motor vehicle or device involved, except that the maximum civil penalty
shall not exceed $100,000 for any related series of violations.
``(b) Proceedings.--Any civil penalty under this section shall be
assessed by the Secretary and collected in a civil action brought by
the Attorney General on behalf of the United States. Before referral of
civil penalty claims to the Attorney General, civil penalties may be
compromised by the Secretary after affording the person charged with a
violation of any section of this title an opportunity to present views
and evidence in support thereof to establish that the alleged violation
did not occur.
``(c) Amount of Penalty.--In determining the amount of the civil
penalty referred to in subsection (a), the Secretary shall consider--
``(1) with respect to the person found to have committed
the violation--
``(A) the person's degree of culpability;
``(B) any history of prior offenses;
``(C) the person's ability to pay the penalty; and
``(D) the potential effect of the penalty on the
person's ability to continue to do business;
``(2) with respect to the violation committed--
``(A) the nature of the violation;
``(B) the circumstances of the violation;
``(C) the extent of the violation; and
``(D) the gravity of the violation; and
``(3) such other matters as justice may require.
``SEC. 707. DEFINITIONS.
``(a) Certificate of Title.--For the purposes of this title, the
term `certificate of title' means a document issued by a State
evidencing ownership of a motor vehicle.
``(b) Cost.--For the purposes of this title, the term `cost' means
the costs of all parts, frame work, paint and labor.
``(c) Damage.--For the purposes of the damage disclosure statement
required by section 701(a), the term `damage' means damage to the motor
vehicle caused by theft, fire, vandalism, collision, weather,
submersion in water, or flood. This term does not include normal wear
and tear, glass damage, mechanical repairs or electrical repairs that
have not been caused by theft, fire, vandalism, collision, weather,
submersion in water, or flood.
``(d) Motor Vehicle.--For the purposes of this title, the term
`motor vehicle' means an automobile or a motor truck. This term does
not include motorcycles or mopeds.
``(e) Person.--For the purposes of this title, the term `person'
includes any manufacturer, distributor, dealer, corporation, or other
legal entity or individual.''. | Automobile Damage Consumer Protection Act of 1993 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to issue regulations requiring the transferor of a motor vehicle to disclose to the transferee any damage done to such vehicle in excess of $1,000. Declares that failure to make repairs shall not exempt a person from such damage disclosure requirements.
Requires States to maintain records of all damage disclosure statements.
Sets forth both criminal and civil penalties. | {"src": "billsum_train", "title": "Automobile Damage Consumer Protection Act of 1993"} | 1,668 | 104 | 0.587951 | 1.490285 | 0.876495 | 2.910112 | 17.337079 | 0.865169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency China Trade Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the People's Republic of China
are among the world's largest economies and are among the
world's largest producers and consumers of goods.
(2) The Government of the People's Republic of China has
pursued an international trade policy that violates its
obligations as a member of the World Trade Organization and
other international organizations, which has resulted in a
perpetual, historically high trade imbalance with the United
States that threatens the stability of the global economy.
(3) As members of both the World Trade Organization and the
International Monetary Fund, the People's Republic of China has
assumed a series of international legal obligations to
eliminate all subsidies for exports and to facilitate
international trade. The People's Republic of China has failed
to do so.
(4) The Chinese Government continues to maintain control
over the decisions of Chinese enterprises through ownership,
board membership, and coercion.
(5) The Chinese Government, directly and indirectly,
facilitates unfair requirements for coproduction agreements
between United States companies and Chinese entities.
(6) Since 1994, the People's Republic of China has
repeatedly intervened in currency markets and taken measures
that have significantly misaligned the value of its currency
against the United States dollar and other currencies. This
policy by the People's Republic of China has resulted in
substantial undervaluation of the renminbi by up to 40 percent
or more.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) a persistent trade deficit with the People's Republic
of China is harmful to the long-term health of the United
States economy and must be corrected; and
(2) the President should begin immediate, expedited
negotiations with the People's Republic of China that are
designed to eliminate the trade deficit within 4 years.
SEC. 4. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM THE
PEOPLE'S REPUBLIC OF CHINA.
Notwithstanding the provisions of title I of Public Law 106-286,
title IV of the Trade Act of 1974, or any other provision of law, upon
the expiration of the 6-month period beginning on the date of the
enactment of this Act--
(1) normal trade relations treatment shall not apply to the
products of the People's Republic of China, and normal trade
relations treatment may not thereafter be extended to the
products of that country; and
(2) the column 2 rate of duty under the Harmonized Tariff
Schedule of the United States shall apply to the products of
the People's Republic of China.
SEC. 5. BALANCED TRADE RELATIONS WITH THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--The President shall, upon the enactment of this
Act, take the necessary steps to negotiate a trade relationship with
the People's Republic of China that will achieve and maintain balanced
trade between the United States and the People's Republic of China
within four years after the date of the enactment of this Act.
(b) Submission of Implementing Legislation.--
(1) In general.--Upon conclusion of the negotiations
specified in subsection (a), the President shall submit
implementing legislation to Congress.
(2) Implementing legislation.--For purposes of this
section, the term ``implementing legislation'' means
legislation that only contains provisions that are necessary to
carry out any agreements negotiated under subsection (a).
(3) Expedited consideration.--
(A) In the house of representatives.--For the
purpose of expediting the consideration and enactment
of implementing legislation submitted under paragraph
(1), a motion to proceed to the consideration of such
implementing legislation after it has been reported by
the appropriate committee shall be treated as highly
privileged in the House of Representatives.
(B) In the senate.--Implementing legislation
submitted under paragraph (1) shall be considered in
the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(c) Effect of Enactment of Implementing Legislation.--Upon the
enactment of implementing legislation under this section, section 4
shall cease to be effective.
SEC. 6. DEFINITIONS.
In this Act, the term ``balanced trade'' means a balance of trade
between the United States and the People's Republic of China that
ensures the value of United States goods exported from the United
States, on a balance of payment basis, is equal in value to goods
imported from the People's Republic of China, on a balance of payment
basis. | Emergency China Trade Act of 2010 - Expresses the sense of Congress that: (1) a persistent trade deficit with the People's Republic of China (PRC) is harmful to the long-term health of the U.S. economy and must be corrected; and (2) the President should begin immediate negotiations with the PRC to eliminate the trade deficit within four years.
Withdraws the extension of nondiscriminatory treatment (normal trade relations) from PRC products.
Requires the President to: (1) negotiate a balanced trade relationship between the United States and the PRC within four years after enactment of this Act; and (2) submit trade implementing legislation to Congress, which shall be considered on an expedited basis. | {"src": "billsum_train", "title": "To withdraw normal trade relations treatment from the products of the People's Republic of China, to provide for a balanced trade relationship between that country and the United States, and for other purposes."} | 1,026 | 154 | 0.598366 | 1.723395 | 0.741139 | 4.661765 | 7 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Responsibility for Immigrant
Health Act of 2002''.
SEC. 2. FEDERAL PAYMENTS UNDER MEDICAID FOR EMERGENCY MEDICAL
CONDITIONS OF CERTAIN ALIENS.
(a) In General.--Section 1903(v)(2)(A) of the Social Security Act
(42 U.S.C. 1396b(v)(2)(A)) of the Social Security Act is amended to
read as follows:
``(A) such care and services are--
``(i) necessary for the treatment of an emergency
medical condition of the alien or necessary for the
prevention of an emergency medical condition (including
dialysis and chemotherapy services),
``(ii) services related to pregnancy (including
prenatal, delivery, postpartum, and family planning
services) and to other conditions that may complicate
pregnancy, or
``(iii) services for the testing or treatment for
communicable diseases,''.
(b) State Option To Eliminate Residency Requirement for Certain
Aliens.--Section 1903(v)(2)(B) of the Social Security Act (42 U.S.C.
1396b(v)(2)(B)) is amended by inserting ``, or, at State option, in the
case of an alien granted parole under section 212(d)(5) of the
Immigration and Nationality Act or an alien admitted into the United
States as a nonimmigrant alien under section 101(a)(15) of such Act,
any residency requirement imposed under the State plan'' after
``payment''.
(c) Effective Date.--The amendments made by this section shall
apply to medical assistance provided on or after the date of enactment
of this Act.
SEC. 3. FUNDING FOR EMERGENCY HEALTH SERVICES FURNISHED TO UNDOCUMENTED
ALIENS.
(a) Funding.--Section 4723(a) of the Balanced Budget Act of 1997 (8
U.S.C. 1611 note) is amended to read as follows:
``(a) Total Amount Available for Allotments.--There are available
for allotments for payments to certain States under this section--
``(1) for each of fiscal years 1998 through 2001,
$25,000,000; and
``(2) for each of fiscal years 2003 through 2007,
$50,000,000.''.
(b) Determination of State Allotments.--Section 4723(b) of the
Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is amended--
(1) in paragraph (1), in the first sentence, by striking
``The Secretary'' and inserting ``Subject to paragraph (3), the
Secretary''; and
(2) by adding at the end the following new paragraph:
``(3) Fiscal years 2003 through 2007 allotments.--
``(A) In general.--Notwithstanding paragraph (1),
the Secretary of Health and Human Services shall
compute an allotment for each of fiscal years 2003
through 2007 for each of the 15 States with the highest
percentage of undocumented aliens. The amount of such
allotment for each such State for a fiscal year shall
bear the same ratio to the total amount available for
allotments under subsection (a) for the fiscal year as
the ratio of the percentage of undocumented aliens in
the State in the fiscal year bears to the total of such
percentages for all such States for such fiscal year.
The amount of allotment to a State provided under this
paragraph for a fiscal year that is not paid out under
subsection (c) shall be available for payment during
the subsequent fiscal year.
``(B) Determination.--For purposes of subparagraph
(A), the percentage of undocumented aliens in a State
under this section shall be determined based on the
most recent available estimates of the resident illegal
alien population residing in each State prepared by the
Statistics Division of the Immigration and
Naturalization Service.''.
(c) Requiring Use of Funds To Assist Hospitals and Related
Providers of Emergency Health Services to Undocumented Aliens.--Section
4723(c) of the Balanced Budget Act of 1997 (8 U.S.C. 1611 note) is
amended to read as follows:
``(c) Use of Funds.--
``(1) In general.--From the allotments made under
subsection (b), the Secretary shall pay to each State amounts
described in a State plan, submitted to the Secretary, under
which the amounts so allotted will be paid--
``(A) to hospitals and related providers of
emergency health services to undocumented aliens that
are located in areas that the Secretary or a State
determines to be substantially impacted by health costs
related to undocumented aliens; and
``(B) on the basis of--
``(i) each eligible hospital's or related
provider's payments under the State plan
approved under title XIX of the Social Security
Act for emergency medical services described
in section 1903(v)(2)(A) of such Act (42 U.S.C. 1396b(v)(2)(A)); or
``(ii) an appropriate alternative proxy for
measuring the volume of emergency health
services provided to undocumented aliens by
eligible hospitals and related providers.
``(2) Definitions; special rules.--For purposes of this
subsection:
``(A) The term `hospital' has the meaning given
such term in section 1861(e) of the Social Security Act
(42 U.S.C. 1395x(e)).
``(B) The term `provider' includes a physician,
another health care professional, and an entity that
furnishes emergency ambulance services.
``(C) A provider shall be considered to be
`related' to a hospital to the extent that the provider
furnishes emergency health services to an individual
for whom the hospital also furnishes emergency health
services.
``(D) Amounts paid under this subsection shall
not--
``(i) be substituted for Federal payments
made under title XIX of the Social Security Act
to reimburse a State for expenditures for the
provision of emergency medical services
described in section 1903(v)(2)(A) of such Act;
or
``(ii) be used by a State for the State
share of expenditures for such services under
title XIX of such Act.''.
(d) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2003.
SEC. 4. PERMITTING STATES AND LOCALITIES TO PROVIDE HEALTH CARE TO ALL
INDIVIDUALS.
(a) In General.--Section 411 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621) is
amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (2) and (4) as
paragraphs (1) and (2), respectively; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``(2) and (3)'' and inserting
``(2), (3), and (4)''; and
(ii) in subparagraph (B), by striking
``health,''; and
(B) by adding at the end the following new
paragraph
``(4) Such term does not include any health benefit for
which payments or assistance are provided to an individual,
household, or family eligibility unit by an agency of a State
or local government or by appropriated funds of a State or
local government.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care furnished before, on, or after the date of the
enactment of this Act. | Federal Responsibility for Immigrant Health Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act to allow Federal Medicaid payments to States for providing pregnancy-related services or services for the testing or treatment for communicable diseases of aliens who are not lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law.Gives States the option to eliminate the residency requirement for certain aliens.Amends the Balanced Budget Act of 1997 to increase the total amount available for allotments for payments to certain States for FY 2003 through 2007, requiring the use of funds from such allotments to assist hospitals and related providers of emergency health services to undocumented aliens that are located in areas that the Secretary of Health and Human Services or a State determines to be substantially impacted by health costs related to undocumented aliens.Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to exclude health benefits from the list of State and local public benefits for which certain aliens who are not qualified aliens or nonimmigrants are ineligible (thus permits States and localities to provide health care to all individuals.) | {"src": "billsum_train", "title": "A bill to amend title XIX of the Social Security Act to allow Federal payments to be made to States under the medicaid program for providing pregnancy-related services or services for the testing or treatment for communicable diseases to aliens who are not lawfully admitted for permanent residence or other wise permanently residing in the United States under color of law, and for other purposes."} | 1,783 | 258 | 0.603528 | 1.698738 | 0.880623 | 3.497585 | 7.304348 | 0.850242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Grade Crossing Safety Act
of 1994''.
SEC. 2. GRADE CROSSING SIGNAL DEVICES.
Section 202 of the Federal Railroad Safety Act of 1970 (45 U.S.C.
431) is amended--
(1) by redesignating the subsections after the first
subsection (r) as subsections (s), (t), (u), and (v),
respectively; and
(2) by adding at the end the following new subsection:
``(w) Grade Crossing Signal Devices.--The Secretary shall, within
one year after the date of enactment of this subsection, establish
nationally uniform standards regarding the allocation of responsibility
for selection and installation of signal devices at public railroad-
highway grade crossings.''.
SEC. 3. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.
(a) Amendment of Regulations.--The Secretary of Transportation
shall conduct a rulemaking proceeding to amend the Secretary's
regulations under section 500.407 of title 23, Code of Federal
Regulations, to require that each highway safety management system
developed, established, and implemented by a State shall, among
countermeasures and priorities established under subsection (b)(2) of
that section, include--
(1) public railroad-highway grade crossing closure plans
that are aimed at eliminating high-risk or redundant crossings
(as defined by the Secretary); and
(2) railroad-highway grade crossing policies that limit the
creation of new at-grade crossings for vehicle or pedestrian
traffic, recreational use, or any other purpose.
(b) Deadline.--The Secretary of Transportation shall complete the
rulemaking proceeding described in subsection (a) and promulgate the
required amended regulations, not later than one year after the date of
enactment of this Act.
SEC. 4. EMERGENCY NOTIFICATION OF GRADE CROSSING PROBLEMS.
(a) Toll Free Telephone Number.--The Secretary of Transportation
shall establish, not later than one year after the date of enactment of
this Act, and thereafter maintain an emergency notification system
utilizing a toll free ``800'' telephone number that the public can use
to convey to railroads, either directly or through public safety
personnel, information about malfunctions or other safety problems at
railroad-highway grade crossings. In establishing such emergency
notification system, the Secretary may coordinate with, or incorporate
components of, existing notification systems.
(b) Notices To Public.--Not later than ninety days after the
establishment of the emergency notification system described in
subsection (a), the Secretary of Transportation shall promulgate
regulations requiring railroads with railroad-highway grade crossings
to display publicly at each such crossing, in a manner prescribed by
the Secretary, information--
(1) describing the emergency notification system;
(2) instructing the public how to use the system;
(3) stating the toll free telephone number that is
available for such use; and
(4) specifying the unique number (as assigned by the
Secretary) identifying such grade crossing.
(c) Treatment in Judicial Proceedings.--A court shall not hold the
Secretary of Transportation or any other Federal official or agency,
any State or agency or political subdivision of a State, or any
railroad liable for damages caused by an action taken under this
section or by failure to perform a duty imposed by this section. No
evidence may be introduced in a trial or other judicial proceeding that
the emergency notification system required by this section exists or is
relied upon by any governmental official or entity or any railroad.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the purpose of
carrying out this section $1,000,000 for fiscal year 1995, $500,000 for
fiscal year 1996, and $500,000 for fiscal year 1997.
(e) Cost Sharing.--At least 30 percent of the cost of establishing
and maintaining the emergency notification system required by this
section shall be provided from non-Federal sources.
SEC. 5. OPERATION LIFESAVER.
(a) Authorization of Appropriations.--Of amounts appropriated to
the Secretary of Transportation for railroad research and development,
there are authorized to be appropriated to the Secretary $300,000 for
fiscal year 1995, $500,000 for fiscal year 1996, and $750,000 for
fiscal year 1997, to support Operation Lifesaver, Inc.
(b) Program Requirements.--The Secretary of Transportation shall
not provide financial assistance to Operation Lifesaver, Inc., in
excess of $150,000 for any fiscal year unless--
(1) such excess funding is for the development and
implementation of a national, multiyear, multimedia public
information and law enforcement program for the reduction of
fatalities and serious injuries involving railroad-highway
grade crossings and trespassing on railroad rights-of-way and
property; and
(2) at least 30 percent of the costs of developing and
implementing such program is provided from non-Federal sources,
including States and railroads.
SEC. 6. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
(a) In General.--In implementing the Intelligent Vehicle-Highway
Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of
Transportation shall ensure that the National Intelligent Vehicle-
Highway Systems Program addresses, in a comprehensive and coordinated
manner, the use of intelligent vehicle-highway system technologies to
promote safety at railroad-highway grade crossings. The Secretary of
Transportation shall ensure that two or more operational tests funded
under such Act shall promote highway traffic safety and railroad
safety.
SEC. 7. PENALTIES FOR CERTAIN GRADE CROSSING VIOLATIONS.
(a) Motor Vehicle Violations.--The Secretary of Transportation
shall, within six months after the date of enactment of this Act, amend
regulations--
(1) under the Hazardous Materials Transportation Act (49
App. U.S.C. 1801 et seq.) to prohibit the driver of motor
vehicle transporting hazardous materials in commerce, and
(2) under the Motor Carrier Safety Act of 1984 (49 App.
U.S.C. 2501 et seq.) to prohibit the driver of any commercial
motor vehicle,
from driving the motor vehicle onto a railroad-highway grade crossing
without having sufficient space to drive completely through the
crossing without stopping.
(b) Vandalism; Trespassing.--Not later than six months after the
date of enactment of this Act, the Secretary of Transportation shall
amend the Secretary's regulations under section 202 of the Federal
Railroad Safety Act of 1970 (45 U.S.C. 431) to make subject to a civil
penalty under such Act any person who--
(1) defaces or disables, or commits any other act that
adversely affects the function of, any signal system, sign, or
device at a grade crossing; or
(2) trespasses on a railroad-owned or railroad-leased
right-of-way, roadbed, or bridge.
SEC. 8. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS.
(a) Federal Regulations.--The Commercial Motor Vehicle Safety Act
of 1986 (49 App. U.S.C. 2701 et seq.), as amended by subsection (b) of
this section, is further amended by adding at the end the following new
section:
``SEC. 12022. VIOLATION OF GRADE CROSSING LAWS AND REGULATIONS.
``(a) Regulations.--The Secretary shall issue regulations
establishing sanctions and penalties relating to violations, by persons
operating commercial motor vehicles, of laws and regulations pertaining
to railroad-highway grade crossings.
``(b) Minimum Requirements.--Regulations issued under subsection
(a) shall, at a minimum, require that--
``(1) any operator of a commercial motor vehicle who is
found to have committed a first violation of a law or
regulation pertaining to railroad-highway grade crossings shall
be disqualified from operating such a vehicle for a period of
not less than ninety days and shall be subject to a civil
penalty of not less than $1,000;
``(2) any operator of a commercial motor vehicle who is
found to have committed a second violation of such a law or
regulation shall be disqualified from operating such a vehicle
for a period of not less than one year and not more than five
years and shall be subject to a civil penalty of not less than
$1,000; and
``(3) any employer that knowingly allows, permits,
authorizes, or requires an employee to operate a commercial
motor vehicle in violation of such a law or regulation shall be
subject to a civil penalty of not more than $10, 000.
``(c) Deadline.--The regulations required under subsection (a)
shall be issued not later than five years after the date of enactment
of this section.''.
(b) State Regulations.--Section 12009(a) of the Commercial Motor
Vehicle Safety Act of 1986 (49 App. U.S.C. 2708(a)) is amended--
(1) in paragraph (21), by striking ``12020(a)'' and
inserting in lieu thereof ``12021(a)''; and
(2) by adding at the end the following new paragraph:
``(22) Grade crossing regulations.--The State shall adopt
and enforce any regulations issued by the Secretary under
section 12022.''.
(c) Technical Amendment.--The Commercial Motor Vehicle Safety Act
of 1986 (49 App. U.S.C. 2701 et seq.) is amended by redesignating the
second section 12020 (as added by section 4009(a) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2156)) as section 12021.
SEC. 9. SAFETY ENFORCEMENT.
The National Highway Traffic Safety Administration, and the Office
of Motor Carrier Safety within the Federal Highway Administration,
shall on a continuing basis cooperate with the National Association of
Governors' Highway Safety Representatives, the Commercial Vehicle
Safety Alliance, and Operation Lifesaver, Inc., to improve compliance
with and enforcement of laws and regulations pertaining to reairoad-
highway grade crossings. | Railroad Grade Crossing Safety Act of 1994 - Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to establish uniform standards regarding the allocation of responsibility for selection and installation of signal devices at public railroad-highway grade crossings.
(Sec. 3) Requires the Secretary to conduct a rulemaking proceeding to require that each State highway safety management system include: (1) public railroad-highway grade crossing closure plans that are aimed at eliminating high-risk or redundant crossings; and (2) railroad-highway grade crossings policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose.
(Sec. 4) Requires the Secretary to establish an emergency "800" telephone number notification system that the public can use to convey to railroads information about malfunctions or other safety problems at such crossings.
Prohibits a court from holding the Secretary or other Federal agency, or State or local government agency liable for damages caused by any action or failure to perform a duty under this Act.
Authorizes appropriations.
(Sec. 5) Authorizes appropriations for Operation Lifesaver, Inc.
(Sec. 6) Requires the Secretary to ensure that the National Intelligent Vehicle-Highway Systems Program addresses the use of intelligent vehicle-highway system technologies to promote safety at railroad-highway grade crossings.
(Sec. 7) Directs the Secretary to promulgate regulations to prohibit the driver of a motor vehicle transporting hazardous materials in commerce, and of any commercial vehicle, from driving such vehicle onto a railroad-highway crossing without having sufficient space to drive through the crossing without stopping. Sets forth civil penalties for persons who deface signs or devices or who trespass on such crossings.
(Sec. 8) Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing sanctions and penalties for persons who operate a commercial motor vehicle and violate laws pertaining to railroad-highway grade crossings.
(Sec. 9) Requires the National Highway Traffic Safety Administration, and the Office of Motor Carrier Safety within the Federal Highway Administration, to cooperate with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve enforcement of laws pertaining to railroad-highway grade crossings. | {"src": "billsum_train", "title": "Railroad Grade Crossing Safety Act of 1994"} | 2,263 | 534 | 0.674146 | 2.1208 | 0.68328 | 5.067416 | 4.447191 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Louis Braille Bicentennial--Braille
Literacy Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Louis Braille, who invented the Braille method for reading
and writing by the blind that has allowed millions of blind people
to be literate participants in their societies, was born in
Coupvray, a small village near Paris, on January 4, 1809.
(2) Braille lost his sight at the age of three after injuring
himself with an awl in the shop of his father Rene, a maker of
harnesses and other objects of leather.
(3) A youth who was both intelligent and creative and was
blessed with dedicated parents, a thoughtful local priest and an
energetic local schoolteacher, Braille adapted to the situation and
attended local school with other youths of his age, an unheard-of
practice for a blind child of the period.
(4) At the age of 10, when his schooling otherwise would have
stopped, Braille--with the aid of the priest and schoolteacher--was
given a scholarship by a local nobleman and went to Paris to attend
the Royal Institute for Blind Children where he became the youngest
pupil.
(5) At the school, most instruction was oral but Braille found
there were books for the blind--large, expensive-to-produce books
in which the text was of large letters embossed upon the page.
(6) Soon Braille had read all 14 books in the school, but
thirsted for more.
(7) A captain in Napoleon's army, Charles Barbier de la Serre,
had invented ``night writing'', a method for communicating on the
battlefield amidst the thick smoke of combat or at night without
lighting a match--which would aid enemy gunners--that used dots and
dashes that were felt and interpreted with the fingers, and later
adapted the method for use by the blind, calling it Sonography
because it represented words by sounds, rather than spelling.
(8) Braille adopted the Sonography method instantly but soon
recognized that the basis in sound and the large number of dots--as
many as 12--used to represent words was too cumbersome.
(9) By the age of 15, and using a blunt awl, the same sort of
tool that had blinded him, Braille had developed what is
essentially modern Braille, a code that uses no more than 6 dots in
a ``cell'' of 2 columns of 3 dots each to represent each letter and
contains a system of punctuation and of ``contractions'' to speed
writing and reading.
(10) In contrast to the bulky books consisting of large
embossed letters, Braille books can contain as many as 1000
characters or contractions on a standard 11-by-12-inch page of
heavy paper, and to this day Braille can be punched with an awl-
like ``stylus'' into paper held in a metal ``slate'' that is very
similar to the ones that Louis Braille adapted from Barbier's
original ``night writing'' devices.
(11) Also a talented organist who supported himself by giving
concerts, Braille went on to develop the Braille representation of
music and in 1829 published the first-ever Braille book, a manual
about how to read and write music.
(12) 8 years later, in 1837, Braille followed that publication
with another book detailing a system of representation of
mathematics.
(13) Braille's talents were quickly recognized, and at 17 he
was made the first blind apprentice teacher at the school, where he
taught algebra, grammar, music, and geography.
(14) He and two blind classmates, his friends who probably were
the first people to learn to read and write Braille, later became
the first three blind full professors at the school.
(15) However, despite the fact that many blind people
enthusiastically adopted the system of writing and reading, there
was great skepticism among sighted people about the real usefulness
of Braille's code, and even at the Royal Institute, it was not
taught until after his death on January 6, 1852.
(16) Braille did not start to spread widely until 1868 when a
group of British men--later to become known as the Royal National
Institute for the Blind--began publicizing and teaching the system.
(17) Braille did not become the official and sole method of
reading and writing for blind United States citizens until the 20th
Century.
(18) Helen Keller, a Braille reader of another generation,
said: ``Braille has been a most precious aid to me in many ways. It
made my going to college possible--it was the only method by which
I could take notes on lectures. All my examination papers were
copied for me in this system. I use Braille as a spider uses its
web--to catch thoughts that flit across my mind for speeches,
messages and manuscripts.''.
(19) While rapid technological advances in the 20th Century
have greatly aided the blind in many ways by speeding access to
information, each advance has seen a commensurate drop in the
teaching of Braille, to the point that only about 10 percent of
blind students today are taught the system.
(20) However, for the blind not to know Braille is in itself a
handicap, because literacy is the ability to read and the ability
to write and the ability to do the two interactively.
(21) The National Federation of the Blind, the Nation's oldest
membership organization consisting of blind members, has been a
champion of the Braille code, of Braille literacy for all blind
people and of the memory of Louis Braille, and continues its
Braille literacy efforts today through its divisions emphasizing
Braille literacy, emphasizing education of blind children and
emphasizing employment of the blind.
(22) Braille literacy aids the blind in taking responsible and
self-sufficient roles in society, such as employment: while 70
percent of the blind are unemployed, 85 percent of the employed
blind are Braille-literate.
SEC. 3. COIN SPECIFICATIONS.
(a) In General.--The Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue not more
than 400,000 $1 coins bearing the designs specified in section 4(a),
each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the life and legacy of Louis Braille.
(2) Obverse.--The design on the obverse shall bear a
representation of the image of Louis Braille.
(3) Reverse.--The design on the reverse shall emphasize Braille
literacy and shall specifically include the word for Braille in
Braille code (the Braille capital sign and the letters Brl)
represented in a way that substantially complies with section 3 of
Specification 800 of the National Library Service for the Blind and
Physically Handicapped of the Library of Congress specifications
for Braille, and is tactilely indiscernible from printed or written
Braille.
(4) 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 ``2009''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Federation of the Blind;
and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2009.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges which are received by the Secretary from
the sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Federation of the Blind to further its
programs to promote Braille literacy.
(c) Audits.--The National Federation of the Blind shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received by the National
Federation under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of Louis Braille.
Requires the design on the obverse to bear a representation of the image of Louis Braille.
Requires the design on the reverse to emphasize Braille literacy and to include the word for Braille in Braille code in a way that substantially complies with Specification 800 of the National Library Service for the Blind and Physically Handicapped of the Library of Congress specifications for Braille, and is tactilely indiscernible from printed or written Braille.
Authorizes the Secretary to issue such coins only during 2009.
Subjects all coin sales to a surcharge of $10 per coin, except when issuance of a coin would exceed the annual two commermorative coin program issuance limitation.
Requires all surcharges to be promptly paid by the Secretary to the National Federation of the Blind to further its programs to promote Braille literacy. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of Louis Braille."} | 2,459 | 233 | 0.392103 | 1.409908 | 0.62024 | 5.519337 | 12.392265 | 0.955801 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Development Block Grant
Act of 1997''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Education plans.
Sec. 103. Review of plans.
Sec. 104. Regulations.
Sec. 105. Authorization of appropriations.
TITLE II--ALLOCATION OF GRANT AMOUNTS
Sec. 201. Annual allocation.
TITLE III--FEDERAL GUARANTEES FOR FINANCING
Sec. 301. Authority and requirements.
Sec. 302. Security and repayment.
Sec. 303. Payment of interest.
Sec. 304. Training and information.
Sec. 305. Limitations on amount of guarantees.
SEC. 3. DEFINITIONS.
(a) Local Bond Authority.--The term ``local bond authority''
means--
(1) a local educational agency with authority to issue a
bond for construction or renovation of educational facilities
in a local area; and
(2) a political subdivision of a State with authority to
issue such a bond for an area including a local area.
(b) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(c) State.--The term ``State'' means each of the several States of
the United States, the District of Columbia, and the Commonwealth of
Puerto Rico.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
(a) Authority.--For each of fiscal years 1998 through 2001, the
Secretary shall (to the extent amounts are made available to carry out
this Act) make grants under this section to a local bond authority to
allow such authority to repair its school infrastructure.
(b) Plan Requirement.--
(1) In general.--The Secretary may make a grant under this
Act to a local bond authority for a fiscal year only if--
(A) the local bond authority has submitted to the
Secretary an education plan for such fiscal year under
section 102; and
(B) the plan has been determined under section 103
to comply with the requirements of section 102.
(2) Waiver.--The Secretary may waive the applicability of
the requirements under paragraph (1), in whole or in part, if
the Secretary finds that a local bond authority has not
complied or cannot comply with such requirements due to
circumstances beyond the control of the authority.
(c) Administrative Expenses.--The Secretary shall, by regulation,
authorize each recipient to use not more that 5 percent of any grant
amounts received under this Act for any reasonable administrative
costs.
SEC. 102. EDUCATION PLANS.
(a) Plan Submission.--The Secretary shall provide for each local
bond authority to submit an education plan as described in subsections
(b) and (c).
(b) 4-Year Plan.--Each education plan under this section shall be
in a form prescribed by the Secretary and shall contain, with respect
to the 4-year period beginning with the fiscal year for which the plan
is submitted, the following information:
(c) 1-Year Plan.--An education plan under this section for a local
bond authority shall be in a form prescribed by the Secretary and
contain the following information relating to the upcoming fiscal year
for which the assistance under this Act is to be made available:
SEC. 103. REVIEW OF PLANS.
(a) Review and Notice.--
(1) Review.--The Secretary shall conduct a limited review
of each education plan submitted to the Secretary to ensure
that the plan complies with the requirements of section 102.
The Secretary shall have the discretion to review a plan only
to the extent that the Secretary considers review is necessary.
(2) Notice.--The Secretary shall notify each local bond
authority for which a plan is submitted whether the plan
complies with such requirements not later than 60 days after
receiving the plan. If the Secretary does not notify the local
bond authority, as required under this subsection and
subsection (b), the plan shall be considered, for purposes of
this Act, to have been determined to comply with the
requirements under section 102 and the local bond authority
shall be considered to have been notified of compliance upon
the expiration of such 60-day period.
(b) Notice of Reasons for Determination of Noncompliance.--If the
Secretary determines that a plan, as submitted, does not comply with
the requirements under section 102, the Secretary shall specify in the
notice under subsection (a) the reasons for the noncompliance and any
modifications necessary for the plan to meet the requirements under
section 102.
(c) Review.--After submission of the education plan or any
amendment or modification to the plan to the Secretary, to the extent
that the Secretary considers such action to be necessary to make
determinations under this subsection, the Secretary shall review the
plan (including any amendments or modifications thereto) to determine
whether the contents of the plan--
(1) set forth the information required by section 102 to be
contained in an education plan;
(2) are consistent with information and data available to
the Secretary; and
(3) are prohibited by or inconsistent with any provision of
this Act or other applicable law.
If the Secretary determines that any of the appropriate certifications
required under section 102 are not included in the plan, the plan shall
be deemed to be incomplete.
(d) Updates to Plan.--After a plan under section 102 has been
submitted for a local bond authority for any fiscal year, the local
bond authority may comply with the provisions of such section for any
succeeding fiscal year (with respect to information included for the 4-
year period under section 102(b) or the 1-year period under section
102(c)) by submitting only such information regarding such changes as
may be necessary to update the plan previously submitted.
(e) Effective Date.--This section and section 102 shall take effect
on the date provided by the Secretary.
SEC. 104. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall, by notice issued in the Federal Register,
establish any requirements necessary to implement this Act.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under this title
$2,000,000,000 for each of fiscal years 1998, 1999, 2000, and 2001.
TITLE II--ALLOCATION OF GRANT AMOUNTS
SEC. 201. ANNUAL ALLOCATION.
For each fiscal year, the Secretary shall allocate any amounts made
available for assistance under this Act for the fiscal year, in
accordance with the provisions of part A of title I of the Elementary
and Secondary Education Act of 1965.
TITLE III--FEDERAL GUARANTEES FOR FINANCING
SEC. 301. AUTHORITY AND REQUIREMENTS.
(a) Authority.--To such extent or in such amounts as provided in
appropriations Acts, the Secretary may, subject to the limitations of
this title and upon such terms and conditions as the Secretary may
prescribe, guarantee and make commitments to guarantee, the notes or
other obligations issued by local bond authorities, for the purposes of
financing repairs to school infrastructure.
(b) Lack of Financing Elsewhere.--A guarantee under this title may
be used to assist a local bond authority in obtaining financing only if
the local bond authority has made efforts to obtain such financing
without the use of such guarantee and cannot complete such financing
consistent with the timely execution of the program plans without such
guarantee.
(c) Terms of Loans.--Notes or other obligations guaranteed pursuant
to this title shall be in such form and denominations, have such
maturities, and be subject to such conditions as may be prescribed by
regulations issued by the Secretary. The Secretary may not deny a
guarantee under this title on the basis of the proposed repayment
period for the note or other obligation, unless the period is more than
20 years or the Secretary determines that the period causes the
guarantee to constitute an unacceptable financial risk.
(d) Limitation on Outstanding Guarantees.--No guarantee or
commitment to guarantee shall be made with respect to any note or other
obligation if the total outstanding notes or obligations of the issuer
guaranteed under this title (excluding any amount defeased under the
contract entered into under section 302(a)(1)) would thereby exceed an
amount equal to 5 times the amount of the grant approval for the issuer
pursuant to title III.
SEC. 302. SECURITY AND REPAYMENT.
(a) Requirements on Issuer.--To assure the repayment of notes or
other obligations and charges incurred under this title and as a
condition for receiving such guarantees, the Secretary shall require
the local bond authority issuing such notes or obligations to--
(1) enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this title;
(2) pledge any grant for which the issuer may become
eligible under this Act;
(3) demonstrate that the extent of such issuance and
guarantee under this title is within the financial capacity of
the local bond authority and is not likely to impair the
ability to use grant amounts under title I; and
(4) furnish, at the discretion of the Secretary, such other
security as may be deemed appropriate by the Secretary in
making such guarantees.
(b) Repayment From Grant Amounts.--Notwithstanding any other
provision of this Act--
(1) the Secretary may apply grants pledged pursuant to
subsection (a)(2) to any repayments due the United States as a
result of such guarantees; and
(2) grants allocated under this Act for a local bond
authority may be used to pay principal and interest due
(including such servicing, underwriting, and other costs as may
be specified in regulations issued by the Secretary) on notes
or other obligations guaranteed pursuant to this title.
(c) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
title. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the obligations for such guarantee with
respect to principal and interest, and the validity of any such
guarantee so made shall be incontestable in the hands of a holder of
the guaranteed obligations.
SEC. 303. PAYMENT OF INTEREST.
The Secretary may make, and contract to make, grants, in such
amounts as may be approved in appropriations Acts, to or on behalf of a
local bond authority issuing notes or other obligations guaranteed
under this title, to cover not to exceed 30 percent of the net interest
cost (including such servicing, underwriting, or other costs as may be
specified in regulations of the Secretary) to the borrowing entity or
agency of such obligations. The Secretary may also, to the extent
approved in appropriations Acts, assist the issuer of a note or other
obligation guaranteed under this title in the payment of all or a
portion of the principal and interest amount due under the note or
other obligation, if the Secretary determines that the issuer is unable
to pay the amount because of circumstances of extreme hardship beyond
the control of the issuer.
SEC. 304. TRAINING AND INFORMATION.
The Secretary, in cooperation with eligible public entities, shall
carry out training and information activities with respect to the
guarantee program under this title.
SEC. 305. LIMITATIONS ON AMOUNT OF GUARANTEES.
(a) Aggregate Fiscal Year Limitation.--Notwithstanding any other
provision of law and subject only to the absence of qualified
applicants or proposed activities and to the authority provided in this
title, to the extent approved or provided in appropriations Acts, the
Secretary may enter into commitments to guarantee notes and obligations
under this title.
(b) Authorization of Appropriations for Credit Subsidy.--There are
authorized to be appropriated to cover the costs (as such term is
defined in section 502 of the Congressional Budget Act of 1974) of
guarantees under this title such sums as may be necessary for each of
fiscal years 1998, 1999, 2000, and 2001.
(c) Fiscal Year Limitations.--The Secretary shall monitor the use
of guarantees under this title by local bond authorities. If necessary,
the Secretary may impose limitations on the amount of guarantees any
one local bond authority may receive in any fiscal year. | TABLE OF CONTENTS:
Title I: Block Grants and Grant Requirements
Title II: Allocation of Grant Amounts
Title III: Federal Guarantees for Financing
Education Development Block Grant Act of 1997 -
Title I: Block Grants and Grant Requirements
- Directs the Secretary of Education to make grants to local bond authorities to repair their school infrastructures. Authorizes appropriations.
Title II: Allocation of Grant Amounts
- Directs the Secretary to allocate any amounts made available for assistance under this Act in accordance with the Elementary and Secondary Education Act of 1965.
Title III: Federal Guarantees for Financing
- Authorizes the Secretary to guarantee and make commitments to guarantee the notes or other obligations issued by local bond authorities (local education agencies or local governments with authority to issue area bonds) to finance school infrastructure repairs, if there is a lack of financing from other sources. Prohibits such guarantees or commitments if the total outstanding notes or obligations of the issuer guaranteed under this title (excluding any amount deceased under the repayment contract) would exceed five times the amount of the grant approval for the issuer (thus allowing a local bond authority to borrow up to five times the grant amount to make school infrastructure repairs).
(Sec. 302) Sets forth security and repayment requirements.
(Sec. 303) Authorizes the Secretary to: (1) make grants to or on behalf of a local bond authority to cover up to 30 percent of the net interest cost of such obligations; and (2) assist the issuer of a guaranteed note or other obligation, in circumstances of extreme hardship, in the payment of principal and interest due.
(Sec. 304) Directs the Secretary to carry out training and information activities with respect to this guarantee program.
(Sec. 305) Authorizes the Secretary, to the extent approved or provided in appropriations Acts, to enter into commitments to guarantee notes and obligations under this title.
Authorizes appropriations.
Directs the Secretary to monitor the use of such guarantees by local bond authorities and, if necessary, limit the amount. | {"src": "billsum_train", "title": "Education Development Block Grant Act of 1997"} | 2,744 | 456 | 0.657666 | 2.111171 | 0.83467 | 3.553922 | 6.14951 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada National Forest Land
Disposal Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The United States owns, and the Forest Service
administers, land in small and large parcels in Carson City and
Douglas County, Nevada.
(2) Much of this Federal land is interspersed with or
adjacent to private land, which renders the Federal land
difficult, inefficient, and expensive for the Forest Service to
manage and more appropriate for disposal.
(3) In order to promote responsible and orderly development
in Carson City and Douglas County, Nevada, appropriate parcels
of the Federal land should be sold by the Federal Government
based on recommendations made by units of local government and
the public.
(b) Purpose.--The purpose of this Act is to provide for the sale of
certain parcels of Federal land in Carson City and Douglas County,
Nevada.
SEC. 3. DISPOSAL OF NATIONAL FOREST SYSTEM LANDS, CARSON CITY AND
DOUGLAS COUNTY, NEVADA.
(a) Disposal Required.--The Secretary of Agriculture (in this
section referred to as the ``Secretary'' shall sell any right, title,
or interest of the United States in and to the following parcels of
National Forest System lands in Carson City or Douglas County, Nevada:
(1) The parcel of land referred to as the ``Carson
Parcel'', consisting of approximately 3 acres, and more
particularly described as being a portion of the southeast
quarter, section 31, township 15 north, range 20 east, Mount
Diablo Base and Meridian.
(2) The parcel of land referred to as the ``Jacks Valley/
Highway 395 Parcel'', consisting of approximately 28 acres, and
more particularly described as being a portion of the southeast
quarter, section 6, township 14 north, range 20 east, Mount
Diablo Base and Meridian.
(3) The parcel of land referred to as the ``Indian Hills
Parcel'', consisting of approximately 75 acres, and more
particularly described as being a portion of the southwest
quarter, section 18, township 14 north, range 20 east, Mount
Diablo Base and Meridian.
(4) The parcel of land referred to as the ``Mountain House
Area Parcel'', consisting of approximately 40 acres, and more
particularly described as being a portion of the northwest
quarter northeast quarter, section 12, township 10 north, range
21 east, Mount Diablo Base and Meridian.
(5) The parcel of land referred to as the ``Holbrook
Junction Area Parcel'', consisting of approximately 80 acres,
and more particularly described as being a portion of the west
half of the southwest quarter, section 7, township 10 north,
range 22 east, Mount Diablo Base and Meridian.
(6) The two parcels of land referred to as the ``Topaz Lake
Parcels'', consisting of approximately 5 acres (approximately
2.5 acres per parcel), and more particularly described as being
portions of the northwest quarter, section 29, township 10
north, range 22 east, Mount Diablo Base and Meridian.
(b) Modification of Descriptions.--The Secretary may--
(1) correct typographical or clerical errors in the
descriptions of land specified in subsection (a); and
(2) for the purposes of soliciting offers for the sale of
such land, modify the descriptions based on--
(A) a survey; or
(B) a determination by the Secretary that the
modification is in the best interest of the public.
(c) Selection and Sale.--
(1) Coordination.--The Secretary shall coordinate the sale
of land under this section with the unit of local government in
which the land is located.
(2) Existing rights.--The sale of land under this section
shall be subject to all valid existing rights, such as rights-
of-way, in effect as of the date of the sale.
(3) Zoning laws.--The sale of land under this section shall
be in accordance with local land use planning and zoning laws
and regulations.
(4) Solicitations of offers.--The Secretary shall solicit
offers for the sale of land under this section, subject to any
terms or conditions that the Secretary may prescribe. 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.
(5) Method of sale.--The Secretary may sell the land
described in subsection (a) at public auction.
(d) Disposition of Proceeds.--
(1) Payments and deposits.--Of the gross proceeds from any
sale of land under this section, the Secretary shall--
(A) pay five percent to the State of Nevada for use
for the general education program of the State;
(B) pay five percent to the Carson Water
Subconservancy District in the State;
(C) deposit 25 percent in the fund established
under Public Law 90-171 (commonly known as the ``Sisk
Act''; 16 U.S.C. 484a); and
(D) retain and use, without further appropriation,
the remaining funds for the purpose of expanding the
Minden Interagency Dispatch Center in Minden, Nevada,
as provided in paragraph (3).
(2) Use of sisk act funds.--The amounts deposited under
paragraph (1)(C) shall be available to the Secretary until
expended, without further appropriation, for the following
purposes:
(A) Reimbursement of costs incurred by the local
offices of the Forest Service in carrying out land
sales under this section, not to exceed 10 percent of
the total proceeds of the land sales.
(B) The development and maintenance of parks,
trails, and natural areas in Carson City or Douglas
County, Nevada, in accordance with a cooperative
agreement entered into with the unit of local
government in which the park, trail, or natural area is
located.
(3) Minden interagency dispatch center.--The Minden
Interagency Dispatch Center is located on land made available
by the State of Nevada in Minden, Nevada, and will serve as a
joint facility for the Forest Service and the Nevada Division
of Forestry for the purpose of fighting wildland fires. The
expansion of the center shall include living quarters and
office space for the Blackmountain Hotshot Crew, a guard
station for housing engines and patrol vehicles, an air traffic
control tower, a training facility, and a warehouse.
(4) Limitation.--None of the amounts made available to the
Carson Water Subconservancy District under paragraph (1)(B)
shall be used to pay the costs of litigation.
(e) Relation to Other Property Management Laws.--The land described
in subsection (a) shall not be subject to chapter 5 of title 40, United
States Code, as codified by Public Law 107-217 (116 Stat. 1062).
(f) Withdrawal.--Subject to valid existing rights, all Federal land
described in subsection (a) is withdrawn from location, entry, and
patent under the public land laws, mining laws, and mineral leasing
laws, including geothermal leasing laws.
(g) Revocation of Public Land Orders.--
(1) In general.--To facilitate the sale of parcels of land
described in subsection (a), the Secretary shall revoke any
public land orders in existence on the date of the enactment of
this Act that withdraw the parcels from all forms of
appropriation under the public land laws, to the extent that
the orders apply to land described in such subsection (a).
(2) Effective date.--A revocation under paragraph (1) shall
be effective on the date on which the instrument conveying the
parcels of land subject to the public land order is executed.
(h) Report.--The Secretary shall submit to the Committee on
Agriculture and the Committee on Resources of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate an annual report on all land sales made under
this section. | Nevada National Forest Land Disposal Act of 2003 - Authorizes the Secretary of Agriculture to sell any right, title, or interest of the United States in and to certain parcels of National Forest System lands in Carson City and Douglas County, Nevada. Declares that the Secretary and the relevant unit of local government shall jointly decide whether land is to be offered for sale under this Act. Sets forth percentages of the gross proceeds from sales under this Act that shall be earmarked for: (1) the State of Nevada general education program; (2) the Carson Water Subconservancy District in Nevada; (3) the fund established in the Sisk Act, to be used for land sales costs and for the development and maintenance of parks, trails, and natural areas in specified Nevada counties; and (4) the Minden Interagency Dispatch Center in Minden, Nevada. Declares that the lands authorized to be sold under this Act shall not be subject to specified Federal law pertaining to property management. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to sell certain parcels of Federal land in Carson City and Douglas County, Nevada."} | 1,751 | 208 | 0.556824 | 1.743374 | 0.836902 | 3.44385 | 8.68984 | 0.919786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the Airplane Crash at
Gander, Newfoundland, Act''.
SEC. 2. ESTABLISHMENT.
There is established in the legislative branch of the Federal
Government a commission to be known as the Commission on the Airplane
Crash at Gander, Newfoundland.
SEC. 3. DUTIES.
(a) In General.--The Commission shall conduct a full and complete
investigation into, and study of, the circumstances surrounding the
crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada,
on December 12, 1985.
(b) Specific Issues.--In fulfilling the duty described in
subsection (a), the Commission shall address--
(1) the mechanical condition and soundness of the aircraft
during the course of its flight and crash;
(2) the weather conditions encountered by the aircraft
during the course its flight and crash;
(3) the scope and adequacy of the investigation conducted,
and the conclusions reached, by the Canadian Aviation Safety
Board regarding the crash of the aircraft;
(4) the role of each Federal agency that was or should have
been involved in the flight or in an investigation of the crash
of the aircraft;
(5) the connection, if any, between the crash of the
aircraft and terrorism against the Federal Government or people
from the United States; and
(6) the connection, if any, between the crash of the
aircraft and any matter authorized to be investigated by the
Select Committee to Investigate Covert Arms Transactions with
Iran, which was established in the House of Representatives on
January 7, 1987.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members appointed not later than 180 days after the date of the
enactment of this Act. The Commission shall consist of the following
members:
(1) 3 individuals appointed by the Speaker of the House of
Representatives.
(2) 3 individuals appointed by the minority leader of the
House of Representatives.
(3) 3 individuals appointed by the majority leader of the
Senate.
(4) 3 individuals appointed by the minority leader of the
Senate.
(5) 1 individual appointed jointly by the Speaker and the
minority leader of the House of Representatives and the
majority and minority leaders of the Senate from among
individuals who are officers, directors, employees, or members
of Families for Truth About Gander, Incorporated.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled not
later than 60 days after the date of the creation of the vacancy in the
manner in which the original appointment was made.
(d) Compensation.--
(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
(2) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Quorum.--7 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings, take testimony, or receive
evidence.
(f) Chairperson and Vice Chairperson.--The chairperson and vice
chairperson of the Commission shall be elected by a majority vote of
the members of the Commission.
(g) Meetings.--The first meeting of the Commission shall be called
by the joint action of the congressional leadership referred to in
subsection (a). Thereafter, the Commission shall meet at the call of
the chairperson of the Commission or a majority of its members.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Director.--The Commission shall have a director appointed by
the Commission and paid at a rate not to exceed the minimum rate of
basic pay payable for GS-15 of the General Schedule.
(b) Staff.--The Commission may appoint and fix the pay of
additional personnel as it considers appropriate, except that an
individual so appointed may not receive pay in excess of the minimum
rate of basic pay payable for GS-12 of the General Schedule.
(c) Experts and Consultants.--The Commission may procure by
contract the temporary or intermittent services of experts or
consultants, including stenographic reporting services, at rates for
individuals not to exceed the daily equivalent of the minimum annual
rate of basic pay payable for GS-15 of the General Schedule.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 6. POWERS.
(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, within the United States or in any other country. The
Commission may administer oaths or affirmations to witnesses appearing
before it.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action that the
Commission is authorized to take by this section.
(c) Information.--
(1) In general.--Notwithstanding sections 552 and 552b of
title 5, United States Code, the Commission may secure directly
from any Federal agency information necessary to enable it to
carry out this Act. Upon request of the chairperson of the
Commission, the head of the Federal agency shall furnish the
information to the Commission.
(2) Prohibition of disclosure.--The Commission shall not
disclose information secured under paragraph (1) that is
protected from disclosure by Federal law or that is classified
for national security purposes.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of evidence relating to any matter that the
Commission is empowered to investigate by section 3. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Service of subpoenas.--A subpoena of the Commission may
be served by any person designated by the Commission or the
chairperson of the Commission.
(3) Failure to obey subpoena.--If a person refuses to obey
a subpoena issues under paragraph (1), the Commission may apply
to a United States district court for an order requiring the
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 the 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.
(4) Service of process.--All process of any court to which
application is made under paragraph (3) may be served in the
judicial district in which the person required to be served
resides or may be found.
(f) Evidence in Foreign Countries.--
(1) In general.--The Commission may obtain evidence located
in a foreign country with the cooperation of the government of
the country or, if the laws of the country allow, by letters
rogatory, commissions, field depositions, and other appropriate
mechanisms.
(2) Requests for assistance.--For the purpose of obtaining
evidence located in a foreign country, the Commission may make
application to a court of competent jurisdiction for issuance
of letters rogatory and may request other appropriate
assistance from any agency of the legislative, executive, or
judicial branches of the Federal Government. The Commission may
request the Secretary of State to transmit a letter rogatory or
other request to a foreign tribunal, officer, or agency.
(g) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT.
(a) In General.--Not later than the expiration of the 18-month
period beginning on the date of the appointment of the last member of
the Commission to be appointed under section 4(a), the Commission shall
submit to the President and the Congress a report. The report shall
include--
(1) a detailed chronology of the relevant events that took
place before, during, and after the crash of the aircraft,
including the sequential development of the investigation
conducted by the Canadian Aviation Safety Board;
(2) the findings and conclusions of the Commission; and
(3) specific recommendations for legislative, executive, or
judicial actions that the Commission determines to be
appropriate.
(b) Specific Findings and Conclusions.--The report required by
subsection (a) shall include the findings and conclusions of the
Commission concerning--
(1) the cause or causes of the crash of the aircraft;
(2) the person or persons responsible for the crash, if
any;
(3) the adequacy of the investigation conducted by the
Canadian Aviation Safety Board; and
(4) the adequacy of any assistance provided to the Canadian
Aviation Safety Board by any Federal agency.
SEC. 8. TERMINATION.
The Commission shall terminate not later than the expiration of the
60-day period beginning on the date on which the Commission submits its
report under section 7.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Commission on the
Airplane Crash at Gander, Newfoundland, established by section
2.
(2) The term ``aircraft'' means the Arrow Airlines airplane
that crashed near Gander, Newfoundland, Canada, on December 12,
1985.
SEC. 10. BUDGET COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C.
651(c)(2)(A))) authorized by this Act shall be effective only to such
extent or in such amounts as are provided in appropriation Acts. | Commission on the Airplane Crash at Gander, Newfoundland, Act - Establishes in the legislative branch of the Government the Commission on the Airplane Crash at Gander, Newfoundland. Directs the Commission to investigate, study, and report to the President and the Congress on the circumstances surrounding the crash of an Arrow Airlines airplane near Gander, Newfoundland, Canada, on December 12, 1985. | {"src": "billsum_train", "title": "Commission on the Airplane Crash at Gander, Newfoundland, Act"} | 2,241 | 93 | 0.638026 | 1.734315 | 0.793814 | 5.986111 | 29.055556 | 0.958333 |
SECTION 1. NOTIFICATION OF GRANTS; PUBLICATION OF GRANT AMOUNTS.
Section 29 of the Small Business Act (15 U.S.C. 656) is amended by
adding at the end the following new subsection:
``(o) Notification of Grants; Publication of Grant Amounts.--The
Administrator shall disburse funds to a women's business center not
later than 1 month after the center's application is approved under
this section. At the end of each fiscal year the Administrator (acting
through the Office of Women's Business ownership) shall publish on the
Administration's website a report setting forth the total amount of the
grants made under this Act to each women's business center in the
fiscal year for which the report is issued, the total amount of such
grants made in each prior fiscal year to each such center, and the
total amount of private matching funds provided by each such center
over the lifetime of the center.''.
SEC. 2. COMMUNICATIONS.
Section 29 of the Small Business Act (15 U.S.C. 656), as amended,
is further amended by adding at the end the following new subsection:
``(p) Communications.--The Administrator shall establish, by rule,
a standardized process to communicate with women's business centers
regarding program administration matters, including reimbursement,
regulatory matters, and programmatic changes. The Administrator shall
notify each women's business center of the opportunity for notice and
comment on the proposed rule.''.
SEC. 3. FUNDING.
(a) Formula.--Section 29(b) of the Small Business Act (15 U.S.C.
656(b)) is amended to read as follows:
``(b) Authority.--
``(1) In general.--The Administrator may provide financial
assistance to private nonprofit organizations to conduct
projects for the benefit of small business concerns owned and
controlled by women. The projects shall provide--
``(A) financial assistance, including training and
counseling in how to apply for and secure business
credit and investment capital, preparing and presenting
financial statements, and managing cash flow and other
financial operations of a business concern;
``(B) management assistance, including training and
counseling in how to plan, organize, staff, direct, and
control each major activity and function of a small
business concern, including implementing cost-saving
energy techniques; and
``(C) marketing assistance, including training and
counseling in identifying and segmenting domestic and
international market opportunities, preparing and
executing marketing plans, developing pricing
strategies, locating contract opportunities,
negotiating contracts, and utilizing varying public
relations and advertising techniques.
``(2) Tiers.--The Administrator shall provide assistance
under paragraph (1) in 3 tiers of assistance as follows:
``(A) The first tier shall be to conduct a 5-year
project in a situation where a project has not
previously been conducted. Such a project shall be in a
total amount of not more than $150,000 per year.
Projects receiving assistance under this subparagraph
that possess the capacity to train existing or
potential business owners in the fields of green
technology, clean technology, or energy efficiency
shall receive the maximum award under this
subparagraph.
``(B) The second tier shall be to conduct a 3-year
project in a situation where a first-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year.
``(C) The third tier shall be to conduct a 3-year
project in a situation where a second-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year. Third-tier
grants shall be renewable subject to established
eligibility criteria as well as criteria in subsection
(b)(4).
``(3) Allocation of funds.--Of the amounts made available
for assistance under this subsection, the Administrator shall
allocate--
``(A) at least 40 percent for first-tier projects
under paragraph (2)(A);
``(B) 20 percent for second-tier projects under
paragraph (2)(B); and
``(C) the remainder for third-tier projects under
paragraph (2)(C).
``(4) Benchmarks for third-tier projects.--In awarding
third-tier projects under paragraph (2)(C), the Administrator
shall use benchmarks based on socio-economic factors in the
community and on the performance of the applicant. The
benchmarks shall include--
``(A) the total number of women served by the
project;
``(B) the proportion of low income women and socio-
economic distribution of clients served by the project;
``(C) the proportion of individuals in the
community that are socially or economically
disadvantaged (based on median income);
``(D) the future fund-raising and service
coordination plans;
``(E) the capacity of the project to train existing
or potential business owners in the fields of green
technology, clean technology, or energy efficiency;
``(F) the diversity of services provided; and
``(G) geographic distribution within and across the
10 regions of the Small Business Administration.''.
(b) Matching.--Subparagraphs (A) and (B) of section 29(c)(1) of the
Small Business Act (15 U.S.C. 656(c)(1)) are amended to read as
follows:
``(A) For the first and second years of the
project, 1 non-Federal dollar for each 2 Federal
dollars.
``(B) Each year after the second year of the
project--
``(i) 1 non-Federal dollar for each Federal
dollar; or
``(ii) if the center is in a community at
least 50 percent of the population of which is
below the median income for the State or United
States territory in which the center is
located, 1 non-Federal dollar for each 2
Federal dollars.''.
(c) Authorization.--Section 20 of the Small Business Act (15 U.S.C.
631 note) is amended by inserting the following new subsection after
subsection (e):
``(f) Women's Business Centers.--There is authorized to be
appropriated for purposes of grants under section 29 to women's
business centers not more than $20,000,000 in fiscal year 2010 and not
more than $22,000,000 in fiscal year 2011.''.
SEC. 4. PERFORMANCE AND PLANNING.
(a) In General.--Section 29(h)(1) of the Small Business Act (15
U.S.C. 656(h)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (D);
and
(3) by inserting the following new subparagraphs after
subparagraph (A):
``(B) establish performance measures, taking into
account the demographic differences of populations
served by women's business centers, which measures
shall include--
``(i) outcome-based measures of the amount
of job creation or economic activity generated
in the local community as a result of efforts
made and services provided by each women's
business center, and
``(ii) service-based measures of the amount
of services provided to individuals and small
business concerns served by each women's
business center;
``(C) require each women's business center to
submit an annual plan for the next year that includes
the center's funding sources and amounts, strategies
for increasing outreach to women-owned businesses,
strategies for increasing job growth in the community,
strategies for increasing job placement of women in
nontraditional occupations, and other content as
determined by the Administrator; and''.
(b) Conforming Amendment.--Section 29(h)(1) of the Small Business
Act (15 U.S.C. 656(h)(1)), as amended, is further amended by adding the
following at the end thereof:
``The Administrator's evaluation of each women's business
center as required by this subsection shall be in part based on
the performance measures under subparagraphs (B) and (C). These
measures and the Administrator's evaluations thereof shall be
made publicly available.''.
SEC. 5. NATIONAL WOMEN'S BUSINESS COUNCIL.
The Women's Business Ownership Act of 1988 is amended as follows:
(1) In section 409(a) (15 U.S.C. 7109(a)), by adding the
following at the end thereof: ``Such studies shall include a
study on the impact of the 2008-2009 financial markets crisis
on women-owned businesses, and a study of the use of the Small
Business Administration's programs by women-owned
businesses.''.
(2) In section 410(a) (15 U.S.C. 7110(a)), by striking
``2001 through 2003'' and insert ``2010 and 2011''.
SEC. 6. APPLICANT EVALUATION CRITERIA.
Section 29(f) of the Small Business Act (15 U.S.C. 656(f)) is
amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) in paragraph (4) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(5) whether the applicant has the capacity to train
existing or potential business owners in the fields of green
technology, clean technology, or energy efficiency.''.
Passed the House of Representatives November 7, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Small Business Act relating to the women's business centers program to require the Administrator of the Small Business Administration (SBA) to: (1) disburse funds to a women's business center (center) no later than one month after its application is approved; (2) annually publish on the SBA website information on the financing of each center; (3) establish a standardized process to communicate with centers regarding program administration matters; and (4) notify each center of the opportunity for notice and comment on proposed program rules.
Replaces the five-year projects for the benefit of small businesses owned and controlled by women with a three-tiered program of five-year (first tier), three-year (second tier), and three-year (third tier) projects, with each tier commencing after the previous tier is being completed. Allows the maximum award of assistance ($150,000) for first-tier projects that possess the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency. Revises matching funds requirements for all projects. Authorizes appropriations.
Directs the SBA to: (1) establish center performance measures; and (2) require each center to submit an annual funding and strategies plan.
Amends the Women's Business Ownership Act of 1988 to require the National Women's Business Council to perform studies of: (1) the impact of the 2008-2009 financial markets crisis on women-owned businesses; and (2) the use of SBA programs by women-owned businesses. Authorizes appropriations for the Council for FY2010-FY2011.
Includes under criteria for the selection of project participants whether the applicant has the capacity to train existing or potential business owners in the fields of green technology, clean technology, or energy efficiency. | {"src": "billsum_train", "title": "To amend the Small Business Act to modify certain provisions relating to women's business centers, and for other purposes."} | 2,085 | 377 | 0.534445 | 1.808408 | 0.864047 | 3.724432 | 5.553977 | 0.894886 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Health as Youth Skills in
Classrooms and Life Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Childhood obesity has reached epidemic proportions in
the United States.
(2) Researchers estimate that the medical costs of the
obesity epidemic in the United States may total
$270,000,000,000 annually.
(3) More than one-third of children and adolescents are
estimated to be overweight or obese.
(4) Of all United States deaths from major chronic disease,
23 percent are linked to sedentary lifestyles that now begin at
childhood.
(5) Overweight adolescents have a 70- to 80-percent chance
of becoming overweight adults, increasing their risk for
chronic disease, disability, and death.
(6) Studies show that children born today, for the first
time in 2 centuries, have a shorter life expectancy than their
parents.
(7) According to the Centers for Disease Control and
Prevention, in 2006--
(A) 1 in 5 students in grades 9-12 seriously
considers suicide;
(B) 1 in 3 12th graders, 1 in 4 10th graders, and 1
in 10 8th graders binge drink; and
(C) 1 in 10 children suffer mental illness causing
some level of impairment.
(8) Studies show that--
(A) students who receive social-psychological
support and prevention have improved academic
achievement;
(B) instruction in personal and social skills
improves decisionmaking and reduces risky health
behaviors; and
(C) comprehensive programs linking rigorous
instruction with health, education, social services,
and health services in schools can reduce absenteeism.
(9) The Centers for Disease Control and Prevention
recommends that students receive a minimum of 50 hours of
health education per year in order to ensure health literacy.
(10) According to the Centers for Disease Control and
Prevention, only 6.4 percent of elementary schools, 20.6
percent of middle schools, and 35.8 percent of high schools
require health instruction in all 14 recommended health topics
and only 3.8 percent of elementary schools, 7.8 percent of
middle schools, and 2.1 percent of high schools provide daily
physical education or its equivalent.
(11) The Institute of Medicine in 2004 reported that
enhanced school health education programs are essential to
developing a health literate society in the United States as
the Nation faces increasing health care challenges. In 2013,
the Institute of Medicine recommended elevating physical
education to a ``core subject'' in an effort to combat
childhood obesity.
(12) According to the Centers for Disease Control and
Prevention, studies suggest that physical activity can impact
cognitive skills and attitudes, and important components of
improved academic performance, including enhanced concentration
and attention as well as improved classroom behavior.
(13) The White House Task Force on Childhood Obesity Report
recommends increasing the quality and frequency of sequential,
age, and developmentally appropriate physical education for all
students, taught by certified physical education teachers.
(14) The Society of Health and Physical Educators
recommends that elementary school students receive 150 minutes
per week of physical education and that middle school and high
school students receive 225 minutes per week of physical
education.
(15) The American school system is already situated to
reach 50,000,000 children and youth to provide the health and
physical education they need and a place for them to engage in
these behaviors, such as nutritious eating and participating in
physical activity.
(16) Military readiness is vulnerable, as almost 30 percent
of 17-24 year olds are too overweight to serve in the U.S.
military.
(17) Physical education and health education are critical
to combating these harmful trends and are key components to
educating the whole child.
SEC. 3. HEALTH EDUCATION AND PHYSICAL EDUCATION.
(a) Definitions.--Section 9101(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(11)) is amended by striking ``and
geography'' and inserting ``geography, physical education, and health
education''.
(b) Assessments.--Section 1111(b)(3) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)) is amended by
adding at the end the following:
``(E) Assessments for health education and physical
education.--Notwithstanding any other provision of this
Act, each State shall determine the most feasible
measure for assessing students in health education and
physical education, including the use of adaptive
assessments, to measure student knowledge and
performance according to State standards and
benchmarks.''.
SEC. 4. CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.
(a) In General.--The Carol M. White Physical Education Program (20
U.S.C. 7261 et seq.) is amended--
(1) by striking section 5503 and inserting the following:
``SEC. 5503. PROGRAM AUTHORIZED.
``(a) Authorization.--The Secretary is authorized to award grants
to local educational agencies and community-based organizations to pay
the Federal share of the costs of initiating, expanding, and improving
physical education programs for kindergarten through 12th-grade
students by--
``(1) providing materials, equipment, and support to enable
students to participate actively in physical education
activities; and
``(2) providing funds for staff and teacher training and
education.
``(b) Program Elements.--A physical education program funded under
this subpart may provide for 1 or more of the following:
``(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
``(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
``(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that support a
lifelong healthy lifestyle.
``(4) Opportunities to develop positive social and
cooperative skills through physical activity participation.
``(5) Instruction in healthy eating habits and good
nutrition.
``(6) Opportunities for professional development for
teachers of physical education to stay abreast of the latest
research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve Officers'
Training Corps (ROTC) program activities, shall not be considered as
part of the curriculum of a physical education program assisted under
this subpart.''; and
(2) by adding at the end the following:
``SEC. 5508. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for fiscal year 2016 and each of the 4
succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 5507 the following:
``Sec. 5508. Authorization of appropriations.''. | Promoting Health as Youth Skills in Classrooms and Life Act Amends the Elementary and Secondary Education Act of 1965 to include health education and physical education in the definition of "core academic subjects." Requires each state to determine the most feasible measure for assessing students in health education and physical education, including through adaptive assessments, to measure student knowledge and performance against state standards. Authorizes appropriations for FY2016-FY2020 for the Carol M. White Physical Education Program, which provides matching grants to local educational agencies and community-based organizations to initiate, expand, and improve physical education programs (including after-school programs) for students in kindergarten through grade 12. | {"src": "billsum_train", "title": "Promoting Health as Youth Skills in Classrooms and Life Act"} | 1,520 | 144 | 0.389173 | 1.167358 | 0.668958 | 3.66129 | 11.75 | 0.854839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Correcting Unfair Benefits for
Aliens Act of 2016'' or as the ``CUBA Act of 2016''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) On July 1, 2015, President Obama announced that Cuba
and the United States would reopen their embassies and restore
diplomatic ties.
(2) Diplomatic relations between the two countries were
formally reestablished July 20, 2015, when the United States
and Cuba reopened their respective embassies.
(3) The International Business Times reported on September
10, 2015, that ``Texas is on pace this year to set a new record
for the number of Cubans trying to enter the United States
through the Lone Star State, with about 60 percent more
migrants from the island nation making the trip in 2015
compared to one year before.''.
(4) The Obama Administration has reestablished relations
with Cuba, and that, therefore, the special treatment Cuban
nationals receive under the Cuban Adjustment Act, the
Immigration and Nationality Act, the Cuban Family Reunification
Program and the Wet Foot/Dry Foot policy are no longer
applicable and fail the ``urgent humanitarian reasons'' and
``significant public benefit'' tests.
(b) Sense of Congress.--It is the sense of Congress that Cuban
nationals should be treated under the same immigration rules as
nationals of other countries with which the United States has
diplomatic relations and should not receive preferential treatment.
SEC. 3. REPEAL OF THE CUBAN ADJUSTMENT ACT.
(a) Repeals of Relevant Statutes.--
(1) Repeal of limitation on repeal of cuban adjustment
act.--Section 606 of title VI of division C of Public Law 104-
208 is repealed.
(2) Cuban adjustment act.--Public Law 89-732 is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect on the date of the enactment of this Act and shall apply only to
any alien admitted or paroled into the United States on or after the
date of the enactment of this Act.
SEC. 4. CERTAIN ACTIVITIES RESTRICTED.
No funds, resources, or fees made available to the Secretary of
Homeland Security, the Secretary of State, or to any other official of
a Federal agency, by this Act or any other Act for any fiscal year,
including any deposits into the ``Immigration Examinations Fee
Account'' established under section 286(m) of the Immigration and
Nationality Act (8 U.S.C. 1356(m)), may be used to implement,
administer, enforce, or carry out (including through the issuance of
any regulations) any of the policy changes set forth in the memorandum
from the Director of United States Immigration and Customs Enforcement
entitled ``Cuban Family Reunification Parole Program'' dated November
21, 2007 (or any substantially similar policy changes, whether set
forth in memorandum, Executive order, regulation, directive, or by
other action).
SEC. 5. CERTAIN CUBANS ENTRANTS INELIGIBLE FOR REFUGEE ASSISTANCE.
(a) In General.--Title V of the Refugee Education Assistance Act of
1980 (8 U.S.C. 1522 note) is amended--
(1) in the heading by striking ``CUBAN AND''; and
(2) in section 501--
(A) by striking ``Cuban and'' each place it
appears; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``Cuban/''; and
(II) by striking ``Cuba or''; and
(ii) in paragraph (2), by striking ``Cuba
or''.
(b) Conforming Amendments.--
(1) Personal responsibility and work opportunity
reconciliation act of 1996.--Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(8 U.S.C. 1601 et seq.) is amended by striking ``Cuban and
Haitian entrant'' each place it appears and inserting ``Haitian
entrant''.
(2) Immigration and nationality act.--Section 245A(h)(2)(A)
of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(2)(A)) is amended by striking ``Cuban and Haitian
entrant'' each place it appears and inserting ``Haitian
entrant''.
(c) Applicability.--The amendments made by this section shall apply
only in the case of a national of Cuba who enters the United States on
or after the date of the enactment of this Act.
SEC. 6. REPORT.
Not later than 90 days after the date of the enactment of this Act,
the Inspector General of the Social Security Administration shall
submit to Congress a report which describes the methods by which the
requirement under section 416.215 of title 20, Code of Federal
Regulations, is enforced. | Correcting Unfair Benefits for Aliens Act of 2016 or the CUBA Act of 2016 This bill expresses the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. The bill repeals P.L. 89-732, which provides for the adjustment of Cuban citizens or nationals to lawful permanent resident status in the United States. No funds, resources, or fees made available to the Department of Homeland Security, the Department of State, or to any other federal agency, including deposits into the Immigration Examinations Fee Account, may be used to implement or administer any of the policy changes set forth in the 2007 memorandum from U.S. Immigration and Customs Enforcement entitled "Cuban Family Reunification Parole Program." Cuban nationals who enter the United States on or after the date of enactment of this Act shall be ineligible for refugee/parolee assistance under the Refugee Education Assistance Act of 1980. Conforming amendments are made to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Immigration and Nationality Act. The Inspector General of the Social Security Administration shall report to Congress describing methods for enforcing the loss of Supplemental Security Income eligibility by persons who are absent from the United States for at least one month. | {"src": "billsum_train", "title": "CUBA Act of 2016"} | 1,166 | 306 | 0.573377 | 1.771938 | 0.773597 | 4.266393 | 3.979508 | 0.881148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthma Awareness, Education and
Treatment Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Asthma is a chronic lung condition that affects an
estimated 14,600,000 Americans, including 4,800,000 children.
(2) An estimated 40,000,000 to 50,000,000 Americans suffer
from allergies, including allergic asthma.
(3) Asthma is the most common chronic respiratory disease
of children, accounting for 25 percent of school absenteeism,
and is the third leading cause of preventable hospitalizations.
(4) During the period 1980 through 1994 the prevalence of
pediatric asthma increased by 72 percent, and the percentage of
preschool children with asthma increased by 160 percent.
(5) The prevalence of asthma is greater in women than in
men (5.6 percent of women as compared to 5.1 percent of men).
(6) The prevalence of asthma is greater in low-income
families. In families with an annual income of less than
$10,000, 79.2 of 1,000 individuals who are under the age of 45
have asthma, while in families with an annual income of between
$20,000 and $35,000, 53.6 of 1,000 individuals under the age of
45 have asthma.
(7) In 1997, more than 5,000 Americans died from asthma
attacks. During the period 1993 through 1995, the average
number of deaths from asthma for African Americans was 38.5
deaths per million individuals, while the average for
Caucasians was 15.1 deaths per million.
(8) Asthma is estimated to cost the United States over
$12,000,000,000 annually and the rise in the prevalence of
asthma will lead to higher costs in the future.
(9) African Americans are five times more likely than other
segments of the population to seek care for asthma at an
emergency room.
(10) The asthma death rate is four times higher among
African American children and two times higher among all
African Americans.
(11) Exercise improves the physical and psychological well-
being of children, including improving self-esteem, and it can
help children manage their asthma and form life-long habits of
physical activity that can improve the quality of life and the
length of life of the individual.
SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED ACTIVITIES FOR LOW-
INCOME COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make grants to
public and nonprofit private entities for the purpose of carrying out
projects to provide for individuals in low-income communities--
(1) screenings and referrals regarding asthma, allergies,
and related respiratory problems in accordance with subsection
(b);
(2) information and education regarding such conditions in
accordance with subsection (c); and
(3) workshops regarding such conditions that are provided
for parents, teachers, physical education instructors, school
nurses, school counselors, athletic coaches, and other
individuals who serve in supervisory roles of children in such
communities.
(b) Screenings and Referrals.--The Secretary shall ensure that
screenings and referrals regarding asthma, allergies, and related
respiratory problems under subsection (a) are comprehensive, and that
the settings in which the screenings and referrals are provided
include--
(1) traditional medical settings such as hospitals, health
clinics, and the offices of physicians; and
(2) nontraditional settings for the provision of such
services, such as nurseries, elementary and secondary schools,
community centers, public housing units, volunteer
organizations, convenience stores, local governmental offices,
day care centers, sites that offer nutrition-related services
for women, infants, and children, and governmental offices that
provide cash assistance for low-income individuals.
(c) Information and Education.--The Secretary shall ensure that
information and education on asthma, allergies, and related respiratory
problems under subsection (a) is provided in accordance with the
following:
(1) The information and education is provided in the
language and cultural context that is most appropriate for the
individuals for whom the information and education is intended.
(2) The information and education includes information and
education to increase understanding on the following:
(A) The symptoms of the conditions.
(B) Preventing the conditions.
(C) Monitoring and managing the conditions,
including--
(i) avoiding circumstances that may cause
asthma attacks or other respiratory problems;
and
(ii) being aware of appropriate medication
options, such as the need as appropriate to
keep in one's possession an asthma inhaler.
(D) The importance for asthmatic children of
regularly engaging in physical activities.
(3) The settings in which the information and education are
provided include traditional settings such as the settings
described in subsection (b)(1) and nontraditional settings such
as the settings described in subsection (b)(2).
(d) Evaluations of Projects.--The Secretary shall (directly or
through contract) provide for the evaluation of projects carried under
subsection (a), including--
(1) determining the number of children who have received
screenings and referrals through the projects;
(2) determining the extent to which the projects have had
an effect on the manner in which individuals served by the
projects prevent and manage asthma, allergies, and related
respiratory problems; and
(3) evaluating the effectiveness of materials used in
providing information and education.
(e) Inclusion in Project of Local Community-Based Organization.--A
condition for the receipt of a grant under subsection (a) is that--
(1) the applicant for the grant be a community-based
organization that provides services in the low-income community
in which the project under such subsection is to be carried
out; or
(2) the applicant for the grant demonstrate to the
Secretary that one or more representatives from such an
organization will play a substantial role in carrying out the
project.
(f) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $8,000,000
for fiscal year 2000, and such sums as may be necessary for each of the
fiscal years 2001 through 2004.
SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-RELATED INFORMATION.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') may make awards of
contracts to provide for a national media campaign to provide to the
public and health care providers information on asthma, allergies, and
related respiratory problems, with priority given to the occurrence of
such conditions in children.
(b) Certain Requirements.--The Secretary shall ensure that the
national media campaign under subsection (a) is carried out in
accordance with the following:
(1) The campaign provides information regarding the
prevention and management of asthma, allergies, and related
respiratory problems.
(2) With respect to a community in which the campaign is
carried out--
(A) the campaign provides information regarding the
availability in the community of programs that provide
screenings, referrals, and treatment regarding such
conditions and training in managing the conditions; and
(B) the campaign is carried out in the language and
cultural context that is most appropriate for the
individuals for whom the campaign is intended.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $600,000 for
fiscal year 2000, and such sums as may be necessary for each of the
fiscal years 2001 through 2004.
SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL
SERVICES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT FOR DONATIONS OF PEST CONTROL AND CLIMATE CONTROL
SERVICES.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer engaged in the trade or business of providing pest control or
climate control services, the donation credit determined under this
section for the taxable year is an amount equal to 10 percent of the
aggregate cost (including wages) paid or incurred by the taxpayer
during the taxable year in providing qualified pest control and climate
control services.
``(b) Qualified Pest Control and Climate Control Services.--For
purposes of this section--
``(1) In general.--The term `qualified pest control and
climate control services' means pest control and climate
control services provided without charge in--
``(A) any public housing (as defined in section
3(b) of the United States Housing Act of 1937), or
``(B) any multifamily residential rental property
if it is reasonably expected that at least 75 percent
of the occupants of the dwelling units have incomes
below 200 percent of the official poverty line,
but only if such services are part of a good faith effort
(including follow-up treatments) to accomplish the intended
result and are verified in such manner as the Secretary shall
prescribe.
``(2) Pest control and climate control services.--For
purposes of paragraph (1), the term `pest control and climate
control services' means services--
``(A) to eliminate cockroaches, dust mites, animal
dander, and mold, or
``(B) to improve poor ventilation and lack of
temperature control.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(11),
(B) by striking the period at the end of paragraph
(12), and inserting a comma and ``plus'', and
(C) by adding at the end the following new
paragraph:
``(13) in the case of a taxpayer engaged in the trade or
business of providing pest control or climate control services
(as defined in section 45D(b)(2)), the donation credit
determined under section 45D.''.
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(9) No carryback of section 45d credit before january 1,
2000.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45D may be carried back to a taxable year beginning
before January 1, 2000.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 45D. Credit for donations of pest
control and climate control
services.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 6. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA-
RELATED PROBLEMS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), in consultation with
the Administrator of the Environmental Protection Agency, shall
(directly or through grants and contracts) provide for the conduct of
research for the purpose of determining whether and to what extent
there is a causal relationship between air pollutants and the
occurrence of asthma, allergies, and related respiratory problems.
(b) Requirement Regarding Clinical Participants.--
(1) In general.--In providing for the conduct of clinical
research under subsection (a), the Secretary shall give
priority to providing to individuals described in paragraph (2)
opportunities to undergo clinical evaluations for purposes of
the research.
(2) Relevant populations.--For purposes of paragraph (1),
the individuals referred to in this paragraph are individuals
who are residents of communities in which the average family
income is at or below 200 percent of the official poverty line,
as established by the Director of the Office of Management and
Budget and revised by the Secretary in accordance with section
673(2) of the Omnibus Budget Reconciliation Act of 1981.
SEC. 7. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED
HEALTH CARE NEEDS.
(a) In General.--The Director of the National Heart, Lung, and
Blood Institute shall, through the National Asthma Education Prevention
Program Coordinating Committee--
(1) identify all Federal programs that carry out asthma-
related activities;
(2) develop, in consultation with appropriate Federal
agencies and professional and voluntary health organizations, a
Federal plan for responding to asthma; and
(3) not later than 12 months after the date of enactment of
this Act, submit recommendations to the Congress on ways to
strengthen and improve the coordination of asthma-related
activities of the Federal Government.
(b) Representation of the Department of Housing and Urban
Development.--A representative of the Department of Housing and Urban
Development shall be included on the National Asthma Education
Prevention Program Coordinating Committee for the purpose of performing
the tasks described in subsection (a).
(c) Authorization of Appropriations.--Out of any funds otherwise
appropriated for the National Institutes of Health, $5,000,000 shall be
made available to the National Asthma Education Prevention Program for
the period of fiscal years 2000 through 2004 for the purpose of
carrying out this section. Funds made available under this subsection
shall be in addition to any other funds appropriated to the National
Asthma Education Prevention Program for any fiscal year during such
period.
SEC. 8. COMPILATION OF DATA BY CENTERS FOR DISEASE CONTROL AND
PREVENTION.
The Director of the Centers for Disease Control and Prevention, in
consultation with the National Asthma Education Prevention Program
Coordinating Committee, shall--
(1) conduct local asthma surveillance activities to collect
data on the prevalence and severity of asthma and the quality
of asthma management, including--
(A) telephone surveys to collect sample household
data on the local burden of asthma; and
(B) health care facility specific surveillance to
collect asthma data on the prevalence and severity of
asthma, and on the quality of asthma care; and
(2) compile and annually publish data on--
(A) the prevalence of children suffering from
asthma in each State; and
(B) the childhood mortality rate associated with
asthma nationally and in each State. | Asthma Awareness, Education and Treatment Act of 1999 - Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private entities for carrying out projects to provide for individuals in low-income communities: (1) screenings and referrals regarding asthma, allergies, and related respiratory problems; (2) information and education regarding such conditions; and (3) workshops regarding such conditions for specified individuals who serve in supervisory roles of children in such communities. Outlines requirements for such projects. Authorizes appropriations for FY 2000 through 2004.
Authorizes the Secretary to award contracts for a national media campaign to provide to the public and health care providers information on such conditions, with priority given to the occurrence of such conditions in children. Authorizes appropriations.
Amends the Internal Revenue Code to provide a tax credit, effective as of January 1, 2000, to providers of pest control or climate control services who donate such services in any public housing or low-income multifamily residential rental property.
Directs the Secretary to conduct research to determine whether and to what extent there is a causal relationship between air pollutants and the occurrence of such conditions, requiring priority to be given to clinical evaluations of low-income individuals.
Requires the Director of the National Heart, Blood, and Lung Institute to: (1) identify all Federal programs that carry out asthma-related activities; (2) develop a Federal plan for responding to asthma; and (3) submit recommendations to Congress on strengthening the coordination of Federal asthma-related activities. Authorizes appropriations.
Requires the Director of the Centers for Disease Control and Prevention to: (1) conduct local asthma surveillance activities in order to collect asthma prevalence, severity, and management data; and (2) compile and annually publish data on the prevalence of children suffering from asthma in each State, as well as the childhood asthma mortality rate nationally and in each State. | {"src": "billsum_train", "title": "Asthma Awareness, Education and Treatment Act of 1999"} | 3,152 | 392 | 0.474631 | 1.485304 | 0.604779 | 4.696237 | 8.094086 | 0.927419 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Tax Reform
Act of 1997''.
SEC. 2. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE NOT
EMPLOYEES.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(relating to general provisions relating to employment taxes) is
amended by adding after section 3510 the following new section:
``SEC. 3511. SAFE HARBOR FOR DETERMINING THAT CERTAIN INDIVIDUALS ARE
NOT EMPLOYEES.
``(a) Safe Harbor.--
``(1) In general.--For purposes of this title, if the
requirements of subsections (b), (c), and (d), or the
requirements of subsections (d) and (e), are met with respect
to any service performed by any individual, then with respect
to such service--
``(A) the service provider shall not be treated as
an employee,
``(B) the service recipient shall not be treated as
an employer,
``(C) the payor shall not be treated as an
employer, and
``(D) compensation paid or received for such
service shall not be treated as paid or received with
respect to employment.
``(2) Availability of safe harbor not to limit application
of other laws.--Nothing in this section shall be construed--
``(A) as limiting the ability of a service
provider, service recipient, or payor to apply other
applicable provisions of this title, section 530 of the
Revenue Act of 1978, or the common law in determining
whether an individual is not an employee, or
``(B) as a prerequisite for the application of any
provision of law described in subparagraph (A).
``(b) Service Provider Requirements With Regard to the Service
Recipient.--For purposes of subsection (a), the requirements of this
subsection are met if the service provider, in connection with
performing the service--
``(1) has the ability to realize a profit or loss,
``(2) incurs unreimbursed expenses which are ordinary and
necessary to the service provider's industry and which
represent an amount at least equal to 2 percent of the service
provider's adjusted gross income attributable to services
performed pursuant to 1 or more contracts described in
subsection (d), and
``(3) agrees to perform services for a particular amount of
time or to complete a specific result or task.
``(c) Additional Service Provider Requirements With Regard to
Others.--For the purposes of subsection (a), the requirements of this
subsection are met if the service provider--
``(1) has a principal place of business,
``(2) does not primarily provide the service at a single
service recipient's facilities,
``(3) pays a fair market rent for use of the service
recipient's facilities, or
``(4) operates primarily with equipment not supplied by the
service recipient.
``(d) Written Document Requirements.--For purposes of subsection
(a), the requirements of this subsection are met if the services
performed by the service provider are performed pursuant to a written
contract between such service provider and the service recipient, or
the payor, and such contract provides that the service provider will
not be treated as an employee with respect to such services for Federal
tax purposes.
``(e) Business Structure and Benefits Requirement.--For purposes of
subsection (a), the requirements of this subsection are met if the
service provider--
``(1) conducts business as a properly constituted
corporation or limited liability company under applicable State
laws, and
``(2) does not receive from the service recipient or payor
benefits that are provided to employees of the service
recipient.
``(f) Special Rules.--For purposes of this section--
``(1) Failure to meet reporting requirements.--If for any
taxable year any service recipient or payor fails to meet the
applicable reporting requirements of section 6041(a) or
6041A(a) with respect to a service provider, then, unless the
failure is due to reasonable cause and not willful neglect, the
safe harbor provided by this section for determining whether
individuals are not employees shall not apply to such service
recipient or payor with respect to that service provider.
``(2) Burden of proof.--For purposes of subsection (a),
if--
``(A) a service provider, service recipient, or
payor establishes a prima facie case that it was
reasonable not to treat a service provider as an
employee for purposes of this section, and
``(B) the service provider, service recipient, or
payor has fully cooperated with reasonable requests
from the Secretary or his delegate,
then the burden of proof with respect to such treatment shall
be on the Secretary.
``(3) Related entities.--If the service provider is
performing services through an entity owned in whole or in part
by such service provider, the references to `service provider'
in subsections (b) through (e) may include such entity,
provided that the written contract referred to in subsection
(d) is with such entity.
``(g) Determinations by the Secretary.--For purposes of this
title--
``(1) In general.--
``(A) Determinations with respect to a service
recipient or a payor.--A determination by the Secretary
that a service recipient or a payor should have treated
a service provider as an employee shall be effective no
earlier than the notice date if--
``(i) the service recipient or the payor
entered into a written contract satisfying the
requirements of subsection (d),
``(ii) the service recipient or the payor
satisfied the applicable reporting requirements
of section 6041(a) or 6041A(a) for all taxable
years covered by the agreement described in
clause (i), and
``(iii) the service recipient or the payor
demonstrates a reasonable basis for determining
that the service provider is not an employee
and that such determination was made in good
faith.
``(B) Determinations with respect to a service
provider.--A determination by the Secretary that a
service provider should have been treated as an
employee shall be effective no earlier than the notice
date if--
``(i) the service provider entered into a
contract satisfying the requirements of
subsection (d),
``(ii) the service provider satisfied the
applicable reporting requirements of sections
6012(a) and 6017 for all taxable years covered
by the agreement described in clause (i), and
``(iii) the service provider demonstrates a
reasonable basis for determining that the
service provider is not an employee and that
such determination was made in good faith.
``(C) Reasonable cause exception.--The requirements
of subparagraph (A)(ii) or (B)(ii) shall be treated as
being met if the failure to satisfy the applicable
reporting requirements is due to reasonable cause and
not willful neglect.
``(2) Construction.--Nothing in this subsection shall be
construed as limiting any provision of law that provides an
opportunity for administrative or judicial review of a
determination by the Secretary.
``(3) Notice date.--For purposes of this subsection, the
notice date is the 30th day after the earlier of--
``(A) the date on which the first letter of
proposed deficiency that allows the service provider,
the service recipient, or the payor an opportunity for
administrative review in the Internal Revenue Service
Office of Appeals is sent, or
``(B) the date on which the deficiency notice under
section 6212 is sent.
``(h) Definitions.--For the purposes of this section--
``(1) Service provider.--The term `service provider' means
any individual who performs a service for another person.
``(2) Service recipient.--Except as provided in paragraph
(4), the term `service recipient' means the person for whom the
service provider performs such service.
``(3) Payor.--Except as provided in paragraph (4), the term
`payor' means the person who pays the service provider for the
performance of such service in the event that the service
recipient does not pay the service provider.
``(4) Exceptions.--The terms `service recipient' and
`payor' do not include any entity in which the service provider
owns in excess of 5 percent of--
``(A) in the case of a corporation, the total
combined voting power of stock in the corporation, or
``(B) in the case of an entity other than a
corporation, the profits or beneficial interests in the
entity.
``(5) In connection with performing the service.--The term
`in connection with performing the service' means in connection
or related to the operation of the service provider's trade or
business.
``(6) Principal place of business.--For purposes of
subsection (c), a home office shall in any case qualify as the
principal place of business if--
``(A) the office is the location where the service
provider's essential administrative or management
activities are conducted on a regular and systematic
(and not incidental) basis by the service provider, and
``(B) the office is necessary because the service
provider has no other location for the performance of
the essential administrative or management activities
of the business.
``(7) Fair market rent.--The term `fair market rent' means
a periodic, fixed minimum rental fee which is based on the fair
rental value of the facilities and is established pursuant to a
written agreement with terms similar to those offered to
unrelated persons for facilities of similar type and quality.''
(b) Clarification of Rules Regarding Evidence of Control.--For
purposes of determining whether an individual is an employee under the
Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.), compliance with
statutory or regulatory standards shall not be treated as evidence of
control.
(c) Repeal of Section 530(d) of the Revenue Act of 1978.--Section
530(d) of the Revenue Act of 1978 (as added by section 1706 of the Tax
Reform Act of 1986) is repealed.
(d) Clerical Amendment.--The table of sections for chapter 25 of
such Code is amended by adding at the end the following new item:
``Sec. 3511. Safe harbor for determining
that certain individuals are
not employees.''
(e) Effective Dates.--
(1) In general.--The amendments made by, and the provisions
of, this section shall apply to services performed after the
date of enactment of this Act.
(2) Determinations by secretary.--Section 3511(g) of the
Internal Revenue Code of 1986 (as added by subsection (a))
shall apply to determinations after the date of enactment of
this Act.
(3) Section 530(d).--The amendment made by subsection (c)
shall apply to periods ending after the date of enactment of
this Act. | Independent Contractor Tax Reform Act of 1997 - Amends the Internal Revenue Code to consider a service provider as not being an employee if: (1) the provider can realize a profit or loss, can incur unreimbursed expenses, and makes a time-limited or task-limited agreement; (2) the provider has a principal place of business, does not primarily provide service at a single service recipient's facilities, pays fair rent for the use of the recipient's facilities, or operates primarily with equipment not supplied by the recipient; and (3) there is a written contract providing that the provider will not be treated as an employee for Federal tax purposes. Considers (in addition) a provider as not an employee if: (1) there is such a written contract; and (2) the provider is a corporation or limited liability company and does not receive benefits that the recipient's employees receive. Regulates the treatment of determinations by the Secretary of the Treasury that a service provider should have been treated as an employee. | {"src": "billsum_train", "title": "Independent Contractor Tax Reform Act of 1997"} | 2,448 | 217 | 0.566654 | 1.617855 | 0.861371 | 2.925743 | 11.193069 | 0.886139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Troops' Soft Landing, Employment,
and Rural Transportation Act''.
SEC. 2. RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF RESERVES
FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS
OR HOMELAND DEFENSE MISSIONS.
(a) In General.--Chapter 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
``SEC. 12323. RESERVES: RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION
FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY OPERATIONS
OR HOMELAND DEFENSE MISSIONS.
``(a) In General.--A member of a reserve component of the Armed
Forces described in subsection (b) shall be retained on active duty in
the Armed Forces for a period of 90 days following the conclusion of
the member's demobilization from a deployment as described in that
subsection, and shall be authorized the use of any accrued leave.
``(b) Covered Members.--A member of a reserve component of the
Armed Forces described in this subsection is any member of a reserve
component of the Armed Forces who was deployed for more than 179 days
under the following:
``(1) A contingency operation.
``(2) A homeland defense mission (as specified by the
Secretary of Defense for purposes of this section).
``(c) Pay and Allowances.--Notwithstanding any other provision of
law, a member on active duty under subsection (a) shall be paid pay and
allowances as follows:
``(1) For the first 30 days during which the member is so
retained on active duty--
``(A) the basic pay payable to a member of the
Armed Forces under section 204 of title 37 in the same
pay grade as the member;
``(B) the basic allowance for subsistence payable
under section 402 of title 37; and
``(C) the basic allowance for housing payable under
section 403 of title 37 for a member in the same pay
grade, geographic location, and number of dependents as
the member.
``(2) For the second 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 75 percent of the rates
otherwise payable as described in that paragraph.
``(3) For the third 30 days during which the member is so
retained on active duty, basic pay, basic allowance for
subsistence, and basic allowance for housing as described in
paragraph (1) but at rates equal to 50 percent of the rates
otherwise payable as described in that paragraph.
``(d) Release From Active Duty.--(1) A member retained on active
duty under subsection (a) may be released from active duty at the
request of the member at any time following the end of the 15-day
period commencing on the date the member is retained on active duty
under subsection (a).
``(2) The request of a member for release from active duty under
this subsection shall be subject to the approval of the officer in the
chain of command of the member in grade O-5.
``(e) Reintegration Counseling and Services.--(1) The Secretary of
the military department concerned shall provide each member retained on
active duty under subsection (a), while the member is so retained on
active duty, counseling and services to assist the member in
reintegrating into civilian life.
``(2) The counseling and services provided members under this
subsection shall include the following:
``(A) Physical and mental health evaluations.
``(B) Employment counseling and assistance.
``(C) Marriage and family counseling and assistance.
``(D) Financial management counseling.
``(E) Education counseling.
``(F) Counseling and assistance on benefits available to
the member through the Department of Defense and the Department
of Veterans Affairs.
``(3) The Secretary of the military department concerned shall
provide, to the extent practicable, for the participation of
appropriate family members of members retained on active duty under
subsection (a) in the counseling and services provided such members
under this subsection.
``(4) The counseling and services provided to members under this
subsection shall, to the extent practicable, be provided at National
Guard armories and similar facilities close the residences of such
members.
``(5) Counseling and services provided a member under this
subsection shall, to the extent practicable, be provided in
coordination with the Yellow Ribbon Reintegration Program of the State
concerned under section 582 of the National Defense Authorization Act
for Fiscal Year 2008 (10 U.S.C. 10101 note)''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of such title is amended by adding at the end the
following new item:
``12323. Reserves: retention on active duty after demobilization
following extended deployments in
contingency operations or homeland defense
missions.''.
SEC. 3. WORK OPPORTUNITY TAX CREDIT.
(a) In General.--Subsection (d) of section 51 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(15) Special rule for veterans residing in high
unemployment counties.--
``(A) In general.--In the case of an unemployed
veteran who is treated as a member of a targeted group
under subparagraph (B) and who has performed at least
800 hours of service for the employer--
``(i) subsection (a) shall be applied by
substituting `50 percent' for `40 percent', and
``(ii) subsection (b)(3) shall be applied
by substituting `$10,000' for `$6,000'.
``(B) Treatment as member of targeted group.--An
unemployed veteran who is certified by the designated
local agency as having his principal place of abode
within a county that, at any time during the 6-month
period ending on the hiring date, is a high
unemployment county shall be treated as a member of a
targeted group for purposes of this subpart.
``(C) Unemployed veteran.--For purposes of this
paragraph, the term `unemployed veteran' has the
meaning given such term by paragraph (14)(B)(i) without
regard to subclause (II) thereof.
``(D) High unemployment county.--The term `high
unemployment county' means a county for which the
unemployment rate for the preceding month equals or
exceeds the national unemployment threshold for such
month.
``(E) National unemployment threshold.--
``(i) In general.--The national
unemployment threshold is 12 percent.
``(ii) Threshold indexed.--For any month
beginning after the month in which this
subparagraph is enacted, the national
unemployment threshold in subclause (I) shall
be the percentage in clause (i) (determined
without regard to the application of this
clause) multiplied by the ratio which the
national unemployment rate for such month bears
to 9.5 percent.
``(F) Unemployment rates.--The national
unemployment rate and the unemployment rate for a
county for any month shall be the unadjusted rates for
such month determined by the Current Population Survey
conducted by the Bureau of Census for the Bureau of
Labor Statistics.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act.
SEC. 4. GRANTS FOR ELIGIBLE ENTITIES PROVIDING TRANSPORTATION TO
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES FOR
VETERANS LIVING IN RURAL AREAS.
(a) Grants Authorized.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a grant program to award grants on a competitive
basis to eligible entities for the purpose of providing
transportation options to veterans residing in rural areas.
(2) Eligible entities.--For purposes of the grant program
under this section, an eligible entity is a government entity
and non-profit service provider, including a State veterans'
service agency, a veterans service organization, a local
governmental authority, and a private non-profit organization.
(3) Use of funds.--The recipient of a grant under this
section shall use the grant to assist veterans in rural areas
to travel to Department of Veterans Affairs medical facilities.
(4) Maximum amount.--The amount of a grant under this
section may not exceed $100,000 for any fiscal year.
(5) No matching requirement.--The recipient of a grant
under this section shall not be required to provide matching
funds as a condition for receiving such grant.
(b) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating grant applications under this section;
(2) directing Department of Veterans Affairs medical
facilities to coordinate with recipients of such grants to
ensure maximum use of transportation service at the least cost;
and
(3) coordinating transportation services provided under
this section with existing local transportation services.
(c) Definitions and Special Rule.--In this section:
(1) The term ``veterans service organization'' means any
organization recognized by the Secretary of Veterans Affairs
for the representation of veterans under section 5902 of title
38, United States Code.
(2) The term ``local governmental authority'' means a local
governmental authority as defined in 5302(a)(6) of title 49,
United States Code, that provides public transportation as
defined in 5302(a)(10) of title 49, United States Code.
(3) A veteran is residing in a rural area if the veteran--
(A) resides in a location that is--
(i) more than 30 miles driving distance
from the nearest Department health care
facility providing primary care services, if
the veteran is seeking such services;
(ii) more than 60 miles driving distance
from the nearest Department health care
facility providing acute hospital care, if the
veteran is seeking such care; or
(iii) more than 100 miles driving distance
from the nearest Department health care
facility providing tertiary care, if the
veteran is seeking such care; or
(B) in the case of a veteran who resides in a
location less than the distance specified in clause
(i), (ii), or (iii) of subparagraph (A), as applicable,
experiences such hardship or other difficulties in
travel to the nearest appropriate Department health
care facility that such travel is not in the best
interest of the veteran, as determined by the Secretary
pursuant to regulations prescribed for purposes of this
subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2009 through 2013 to
carry out this section. | Troops' Soft Landing, Employment, and Rural Transportation Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 90 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances.
Allows a member to be released from such retention if the member requests release after the first 15 days of the retention.
Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services.
Amends Internal Revenue Code work opportunity tax credit provisions, with regard to unemployed veterans living in counties where the unemployment is over a specified national threshold, to increase the credit from 40% to 50% and the maximum first-year wages which may be taken into account from $6,000 to $10,000.
Directs the Secretary of Veterans Affairs to establish a competitive grant program to assist veterans in rural areas to travel to Department of Veterans Affairs (VA) medical facilities. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for the retention on active duty after demobilization of members of the reserve components of the Armed Forces following extended deployments in contingency operations or homeland defense missions, and for other purposes."} | 2,409 | 259 | 0.582764 | 1.689444 | 0.863261 | 3.034335 | 9.433476 | 0.922747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentivizing Offshore Wind Power
Act''.
SEC. 2. QUALIFYING OFFSHORE WIND FACILITY CREDIT.
(a) In General.--Section 46 of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (5), by striking
the period at the end of paragraph (6), and by adding at the end the
following new paragraph:
``(7) the qualifying offshore wind facility credit.''.
(b) Amount of Credit.--Subpart E of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 48D the following new section:
``SEC. 48E. CREDIT FOR OFFSHORE WIND FACILITIES.
``(a) In General.--For purposes of section 46, the qualifying
offshore wind facility credit for any taxable year is an amount equal
to 30 percent of the qualified investment for such taxable year with
respect to any qualifying offshore wind facility of the taxpayer.
``(b) Qualified Investment.--
``(1) In general.--For purposes of subsection (a), the
qualified investment for any taxable year is the basis of
eligible property placed in service by the taxpayer during such
taxable year which is part of a qualifying offshore wind
facility.
``(2) Certain qualified progress expenditures rules made
applicable.--Rules similar to the rules of subsections (c)(4)
and (d) of section 46 (as in effect on the day before the
enactment of the Revenue Reconciliation Act of 1990) shall
apply for purposes of this section.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying offshore wind facility.--
``(A) In general.--The term `qualifying offshore
wind facility' means an offshore facility using wind to
produce electricity.
``(B) Offshore facility.--The term `offshore
facility' means any facility located in the inland
navigable waters of the United States, including the
Great Lakes, or in the coastal waters of the United
States, including the territorial seas of the United
States, the exclusive economic zone of United States,
and the outer Continental Shelf of the United States.
``(2) Eligible property.--The term `eligible property'
means any property--
``(A) which is--
``(i) tangible personal property, or
``(ii) other tangible property (not
including a building or its structural
components), but only if such property is used
as an integral part of the qualifying offshore
wind facility, and
``(B) with respect to which depreciation (or
amortization in lieu of depreciation) is allowable.
``(d) Qualifying Credit for Offshore Wind Facilities Program.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this section, the
Secretary, in consultation with the Secretary of Energy
and the Secretary of the Interior, shall establish a
qualifying credit for offshore wind facilities program
to consider and award certifications for qualified
investments eligible for credits under this section to
qualifying offshore wind facility sponsors.
``(B) Limitation.--The total amount of megawatt
capacity for offshore facilities with respect to which
credits may be allocated under the program shall not
exceed 3,000 megawatts.
``(2) Certification.--
``(A) Application period.--Each applicant for
certification under this paragraph shall submit an
application containing such information as the
Secretary may require beginning on the date the
Secretary establishes the program under paragraph (1).
``(B) Period of issuance.--An applicant which
receives a certification shall have 5 years from the
date of issuance of the certification in order to place
the facility in service and if such facility is not
placed in service by that time period, then the
certification shall no longer be valid.
``(3) Selection criteria.--In determining which qualifying
offshore wind facilities to certify under this section, the
Secretary shall--
``(A) take into consideration which facilities will
be placed in service at the earliest date, and
``(B) take into account the technology of the
facility that may lead to reduced industry and consumer
costs or expand access to offshore wind.
``(4) Review and redistribution.--
``(A) Review.--Not later than 4 years after the
date of the enactment of this section, the Secretary
shall review the credits allocated under this section
as of such date.
``(B) Redistribution.--The Secretary may reallocate
credits awarded under this section if the Secretary
determines that--
``(i) there is an insufficient quantity of
qualifying applications for certification
pending at the time of the review, or
``(ii) scheduled placed-in-service dates of
previously certified facilities have been
significantly delayed and the Secretary
determines the applicant will not meet the
timeline pursuant to paragraph (2)(B).
``(C) Reallocation.--If the Secretary determines
that credits under this section are available for
reallocation pursuant to the requirements set forth in
paragraph (2), the Secretary is authorized to conduct
an additional program for applications for
certification.
``(5) Disclosure of allocations.--The Secretary shall, upon
making a certification under this subsection, publicly disclose
the identity of the applicant and the amount of the credit with
respect to such applicant.
``(e) Denial of Double Benefit.--A credit shall not be allowed
under this section with respect to any facility if--
``(1) a credit has been allowed to such facility under
section 45 for such taxable year or any prior taxable year,
``(2) a credit has been allowed with respect to such
facility under section 46 by reason of section 48(a) or 48C(a)
for such taxable or any preceding taxable year, or
``(3) a grant has been made with respect to such facility
under section 1603 of the American Recovery and Reinvestment
Act of 2009.''.
(c) Conforming Amendments.--
(1) Section 49(a)(1)(C) of the Internal Revenue Code of
1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting ``, and''; and
(C) by adding after clause (vi) the following new
clause:
``(vi) the basis of any property which is
part of a qualifying offshore wind facility
under section 48E.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 48D
the following new item:
``48E. Credit for offshore wind facilities.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990). | Incentivizing Offshore Wind Power Act - Amends the Internal Revenue Code to: (1) allow a 30% tax credit for investment in a qualifying offshore wind facility (an offshore facility using wind to produce electricity), and (2) direct the Secretary of the Treasury to establish a qualifying credit for offshore wind facilities program to consider and award certifications for investments eligible for such a credit to qualifying offshore wind facility sponsors.
Requires the Secretary to review credits allocated under this Act and authorizes the Secretary to reallocate such credits upon determining that: (1) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or (2) scheduled placed-in-service dates of previously certified facilities have been significantly delayed and the applicant will not meet the required timeline. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for an investment tax credit related to the production of electricity from offshore wind."} | 1,610 | 164 | 0.573367 | 1.495451 | 0.767364 | 3.96129 | 9.529032 | 0.929032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurses' Higher Education and Loan
Repayment Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Health Resources and Services Administration
estimates there is currently a shortage of more than 200,000
registered nurses nationwide and projects the shortage will
grow to over 1 million nurses by 2020, 36 percent less than
needed to meet demand for nursing care.
(2) The shortage of qualified nursing faculty is the
primary factor driving the inability of nursing schools to
graduate more registered nurses to meet the nation's growing
workforce demand.
(3) There continues to be strong interest on the part of
young Americans to enter the nursing field. The National League
for Nursing estimates that 88,000 qualified applications, or
one out of every three submitted to basic registered nurse
programs in 2006, were rejected due to lack of capacity.
(4) The American Association of Colleges of Nursing (in
this Act referred to as the ``AACN'') estimates that 40,285
applicants were turned away specifically from baccalaureate and
graduate schools of nursing in 2007 and over 70 percent of the
schools responding to the AACN survey reported a lack of nurse
faculty as the number one reason for turning away qualified
applicants. Likewise, nearly 70 percent of the associate's
degree registered nurse programs responding to the most recent
American Association of Community Colleges Nursing Survey
reported a lack of faculty to teach as the number one reason
for turning away qualified applicants.
(5) Large numbers of faculty members at schools of nursing
in the United States are nearing retirement. According to the
AACN, the average age of a nurse faculty member is 55 years old
and the average age at retirement is 62.
(6) The current nationwide nurse faculty vacancy rate is
estimated to be as high as 8.8 percent, including 767 vacant
positions at schools of nursing offering baccalaureate and
advanced degrees and, in 2006, as many as 880 in associate's
degree programs.
(7) Market forces have created disincentives for
individuals qualified to become nurse educators from pursing
this career. The average annual salary for an associate
professor of nursing with a master's degree is nearly 20
percent less that the average salary for a nurse practitioner
with a master's degree, according to the 2007 salary survey by
the journal ADVANCE for Nurse Practitioners.
(8) The most recent Health Resources and Services
Administration survey data indicates that from a total of more
than 2 million registered nurses, only 143,113 registered
nurses with a bachelor's degree and only 51,318 registered
nurses with an associate's degree have continued their
education to earn a master's degree in the science of nursing,
the minimum credential necessary to teach in all types of
registered nurse programs. The majority of these graduates do
not become nurse educators.
(9) Current Federal incentive programs to encourage nurses
to become educators are inadequate and inaccessible for many
interested nurses.
(10) A broad incentive program must be available to willing
and qualified nurses that will provide financial support and
encourage them to pursue and maintain a career in nursing
education.
SEC. 3. NURSE FACULTY LOAN REPAYMENT PROGRAM.
Part E of title VIII of the Public Health Service Act (42 U.S.C.
297a et seq.) is amended by inserting after section 846A the following
new section:
``SEC. 846B. NURSE FACULTY LOAN REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, may
enter into an agreement with eligible individuals for the repayment of
education loans, in accordance with this section, to increase the
number of qualified nursing faculty.
``(b) Agreements.--Each agreement entered into under subsection (a)
shall require that the eligible individual shall serve as a full-time
member of the faculty of an accredited school of nursing for a total
period, in the aggregate, of at least four years during the six-year
period beginning on the later of--
``(1) the date on which the individual receives a master's
or doctorate nursing degree from an accredited school of
nursing; or
``(2) the date on which the individual enters into an
agreement under subsection (a).
``(c) Agreement Provisions.--Agreements entered into pursuant to
subsection (a) shall be entered into on such terms and conditions as
the Secretary may determine, except that--
``(1) not more than ten months after the date on which the
six-year period described under subsection (b) begins, but in
no case before the individual starts as a full-time member of
the faculty of an accredited school of nursing, the Secretary
shall begin making payments, for and on behalf of that
individual, on the outstanding principal of, and interest on,
any loan of that individual obtained to pay for such degree;
``(2) for an individual who has completed a master's degree
in nursing--
``(A) payments may not exceed $10,000 per calendar
year; and
``(B) total payments may not exceed $40,000; and
``(3) for an individual who has completed a doctorate
degree in nursing--
``(A) payments may not exceed $20,000 per calendar
year; and
``(B) total payments may not exceed $80,000.
``(d) Breach of Agreement.--
``(1) In general.--In the case of any agreement made under
subsection (a), the individual is liable to the Federal
Government for the total amount paid by the Secretary under
such agreement, and for interest on such amount at the maximum
legal prevailing rate, if the individual fails to meet the
agreement terms required under subsection (b).
``(2) Waiver or suspension of liability.--In the case of an
individual making an agreement for purposes of paragraph (1),
the Secretary shall provide for the waiver or suspension of
liability under such paragraph if compliance by the individual
with the agreement involved is impossible or would involve
extreme hardship to the individual or if enforcement of the
agreement with respect to the individual would be
unconscionable.
``(3) Date certain for recovery.--Subject to paragraph (2),
any amount that the Federal Government is entitled to recover
under paragraph (1) shall be paid to the United States not
later than the expiration of the 3-year period beginning on the
date the United States becomes so entitled.
``(4) Availability.--Amounts recovered under paragraph (1)
shall be available to the Secretary for making loan repayments
under this section and shall remain available for such purpose
until expended.
``(e) Eligible Individual Defined.--For purposes of this section,
the term `eligible individual' means an individual who--
``(1) is a United States citizen, national, or lawful
permanent resident;
``(2) holds an unencumbered license as a registered nurse;
and
``(3) has either already completed a master's or doctorate
nursing program at an accredited school of nursing or is
currently enrolled on a full-time or part-time basis in such a
program.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2009 through 2013 to carry out this Act. Such sums shall
remain available until expended.''. | Nurses' Higher Education and Loan Repayment Act of 2008 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to enter into an agreement with eligible individuals for the repayment of education loans in exchange for working as a full-time member of the faculty of an accredited school of nursing. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a graduate degree loan repayment program for nurses who become nursing school faculty members."} | 1,592 | 83 | 0.447088 | 1.179343 | 0.260896 | 5.210526 | 20.263158 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military and Veterans Education
Protection Act''.
SEC. 2. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY INSTITUTIONS
OF HIGHER EDUCATION.
Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is
amended--
(1) in subsection (a)(24)--
(A) by inserting ``that receives funds provided
under this title'' before ``, such institution''; and
(B) by striking ``other than funds provided under
this title, as calculated in accordance with subsection
(d)(1)'' and inserting ``other than Federal educational
assistance, as defined in subsection (d)(5) and
calculated in accordance with subsection (d)(1)''; and
(2) in subsection (d)--
(A) in the subsection heading, by striking ``Non-
Title IV'' and inserting ``Non-Federal Educational'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``that receives funds
provided under this title'' before ``shall'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``assistance under this title'' and
inserting ``Federal educational
assistance''; and
(II) in clause (ii)(I), by
inserting ``, or on a military base if
the administering Secretary for a
program of Federal educational
assistance under clause (ii), (iii), or
(iv) of paragraph (5)(B) has authorized
such location'' before the semicolon;
(iii) in subparagraph (C), by striking
``program under this title'' and inserting
``program of Federal educational assistance'';
(iv) in subparagraph (E), by striking
``funds received under this title'' and
inserting ``Federal educational assistance'';
and
(v) in subparagraph (F)--
(I) in clause (iii), by striking
``under this title'' and inserting ``of
Federal educational assistance''; and
(II) in clause (iv), by striking
``under this title'' and inserting ``of
Federal educational assistance'';
(C) in paragraph (2)--
(i) by striking subparagraph (A) and
inserting the following:
``(A) Ineligibility.--
``(i) In general.--Notwithstanding any
other provision of law, a proprietary
institution of higher education receiving funds
provided under this title that fails to meet a
requirement of subsection (a)(24) for two
consecutive institutional fiscal years shall be
ineligible to participate in or receive funds
under any program of Federal educational
assistance for a period of not less than two
institutional fiscal years.
``(ii) Regaining eligibility.--To regain
eligibility to participate in or receive funds
under any program of Federal educational
assistance after being ineligible pursuant to
clause (i), a proprietary institution of higher
education shall demonstrate compliance with all
eligibility and certification requirements for
the program for a minimum of two institutional
fiscal years after the institutional fiscal
year in which the institution became
ineligible. In order to regain eligibility to
participate in any program of Federal
educational assistance under this title, such
compliance shall include meeting the
requirements of section 498 for such 2-year
period.
``(iii) Notification of ineligibility.--The
Secretary of Education shall determine when a
proprietary institution of higher education
that receives funds under this title is
ineligible under clause (i) and shall notify
all other administering Secretaries of the
determination.
``(iv) Enforcement.--Each administering
Secretary for a program of Federal educational
assistance shall enforce the requirements of
this subparagraph for the program concerned
upon receiving notification under clause (iii)
of a proprietary institution of higher
education's ineligibility.''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``In
addition'' and all that follows
through ``education fails'' and
inserting ``Notwithstanding any
other provision of law, in
addition to such other means of
enforcing the requirements of a
program of Federal educational
assistance as may be available
to the administering Secretary,
if a proprietary institution of
higher education that receives
funds provided under this title
fails''; and
(bb) by striking ``the
programs authorized by this
title'' and inserting ``all
programs of Federal educational
assistance''; and
(II) in clause (i), by inserting
``with respect to a program of Federal
educational assistance under this
title,'' before ``on the expiration
date'';
(D) in paragraph (4)(A), by striking ``sources
under this title'' and inserting ``Federal educational
assistance''; and
(E) by adding at the end the following:
``(5) Definitions.--In this subsection:
``(A) Administering secretary.--The term
`administering Secretary' means the Secretary of
Education, the Secretary of Defense, the Secretary of
Veterans Affairs, the Secretary of Homeland Security,
or the Secretary of a military department responsible
for administering the Federal educational assistance
concerned.
``(B) Federal educational assistance.--The term
`Federal educational assistance' means funds provided
under any of the following provisions of law:
``(i) This title.
``(ii) Chapter 30, 31, 32, 33, 34, or 35 of
title 38, United States Code.
``(iii) Chapter 101, 105, 106A, 1606, 1607,
or 1608 of title 10, United States Code.
``(iv) Section 1784a of title 10, United
States Code.''.
SEC. 3. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS
ACTIONS ON INELIGIBILITY OF CERTAIN PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION FOR PARTICIPATION IN
PROGRAMS OF EDUCATIONAL ASSISTANCE.
(a) Department of Defense.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2008 the following
new section:
``Sec. 2008a. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Defense programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Defense shall ensure that no
educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department of Defense as follows:
``(1) This chapter.
``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this
title.
``(3) Section 1784a of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Defense shall
take appropriate actions to notify persons receiving or eligible for
educational assistance under the provisions of law specified in
subsection (b) of the application of the limitations in section
487(d)(2) of the Higher Education Act of 1965 to particular proprietary
institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department of Defense that provides information to
persons described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2008 the following new item:
``2008a. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Defense programs of educational
assistance.''.
(b) Department of Veterans Affairs.--
(1) In general.--Subchapter II of chapter 36 of title 38,
United States Code, is amended by inserting after section 3681
the following new section:
``Sec. 3681A. Ineligibility of certain proprietary institutions of
higher education for participation in Department of
Veterans Affairs programs of educational assistance
``(a) In General.--Upon receipt of a notice from the Secretary of
Education under clause (iii) of section 487(d)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1094(d)(2)(A)) that a proprietary
institution of higher education is ineligible for participation in or
receipt of funds under any program of Federal educational assistance by
reason of such section, the Secretary of Veterans Affairs shall ensure
that no educational assistance under the provisions of law specified in
subsection (b) is available or used for education at the institution
for the period of institutional fiscal years covered by such notice.
``(b) Covered Assistance.--The provisions of law specified in this
subsection are the provisions of law on educational assistance through
the Department under chapters 30, 31, 32, 33, 34, and 35 of this title.
``(c) Notice on Ineligibility.--(1) The Secretary of Veterans
Affairs shall take appropriate actions to notify persons receiving or
eligible for educational assistance under the provisions of law
specified in subsection (b) of the application of the limitations in
section 487(d)(2) of the Higher Education Act of 1965 to particular
proprietary institutions of higher education.
``(2) The actions taken under this subsection with respect to a
proprietary institution shall include publication, on the Internet
website of the Department that provides information to persons
described in paragraph (1), of the following:
``(A) The name of the institution.
``(B) The extent to which the institution failed to meet
the requirements of section 487(a)(24) of the Higher Education
Act of 1965.
``(C) The length of time the institution will be ineligible
for participation in or receipt of funds under any program of
Federal educational assistance by reason of section
487(d)(2)(A) of that Act.
``(D) The nonavailability of educational assistance through
the Department for enrollment, attendance, or pursuit of a
program of education at the institution by reason of such
ineligibility.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 36 of such title is amended by inserting
after the item relating to section 3681 the following new item:
``3681A. Ineligibility of certain proprietary institutions of higher
education for participation in Department
of Veterans Affairs programs of educational
assistance.''. | Military and Veterans Education Protection Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require proprietary institutions of higher education to derive at least 10% of their revenue from sources other than title IV or federal educational assistance programs for military personnel and veterans, or become ineligible for title IV funding and participation in those programs. (Currently, this 90/10 rule requires these schools to derive at least 10% of their revenue from sources other than title IV or become ineligible for title IV funding.) | {"src": "billsum_train", "title": "Military and Veterans Education Protection Act"} | 2,617 | 113 | 0.539866 | 1.229837 | 0.63746 | 2.11 | 23.49 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Affordability and Lifetime
Savings Act''.
SEC. 2. DEDUCTION FOR INTEREST ON EDUCATION LOANS CONVERTED TO CREDIT.
(a) In General.--Section 221 of the Internal Revenue Code of 1986
(relating to interest on education loans) is hereby moved to subpart A
of part IV of subchapter B of chapter 1 of such Code, inserted after
section 25B, and redesignated as section 25C.
(b) Conversion to 50 Percent Credit.--Subsection (a) of section 25C
of such Code, as redesignated by subsection (a), is amended to read as
follows:
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 50 percent of the interest paid
by the taxpayer during the taxable year on any qualified education
loan.''.
(c) Limitation Based on Modified Adjusted Gross Income.--Subsection
(b) of section 25C of such Code, as redesignated by subsection (a), is
amended to read as follows:
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be allowed as a credit under this section shall be
reduced (but not below zero) by the amount which bears the same
ratio to the amount which would be so allowed as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $75,000 ($150,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(2) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means
adjusted gross income determined without regard to sections
911, 931, and 933.
``(3) Inflation adjustments.--
``(A) In general.--In the case of a taxable year
beginning after 2003, the $75,000 and $150,000 amounts
in paragraph (1)(A)(ii) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) 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 2002'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5,000, such
amount shall be rounded to the next lowest multiple of
$5,000.''.
(d) Technical Amendments.--
(1) Section 25C of such Code, as so redesignated, is
amended by striking subsection (f).
(2) Subsection (c) of section 25C of such Code, as so
redesignated, is amended by striking ``Deduction'' in the
heading and inserting ``Credit'' and by striking ``deduction''
the first place it appears in the text and inserting
``credit''.
(3) Paragraphs (1) and (2) of section 25C(e) of such Code,
as so redesignated, are each amended by striking ``deduction''
the first place it appears in each such paragraph and inserting
``credit''.
(4) Section 62(a) of such Code is amended by striking
paragraph (17).
(5) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A),
219(g)(3)(A)(ii), and 222(b)(2)(C)(ii) of such Code are each
amended by striking ``221,''.
(6) Subparagraph (F) of section 163(h)(2) of such Code is
amended to read as follows:
``(F) any interest taken into account under section
25C (relating to interest on educational loans).''.
(7) Section 469(i)(3)(F)(iii) of such Code is amended by
striking ``, 222,''.
(8) Section 6050S(e) is amended by striking ``section
221(d)(1)'' and inserting ``section 25C(d)(1)''.
(9) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221.
(10) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 25B the following new item:
``Sec. 25C. Interest on Education
Loans.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS.
Subsection (f) of section 108 of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(4) Loan forgiveness for teachers and other public
servants.--In the case of an individual, gross income does not
include any amount which (but for this paragraph) would be
includible in gross income by reason of the discharge (in whole
or in part) of any loan if--
``(A) such discharge was pursuant to section 428J,
428K, 460, or 460A of the Higher Education Act of 1965
(20 U.S.C. 1078-10); or
``(B) such loan is an applicable loan (as defined
in section 6103(l)(13)(C)), the repayment amounts on
such loan are based in whole or in part on the
taxpayer's income, and such discharge is the result of
the expiration of the period during which the taxpayer
is obligated to repay such loan.'' | College Affordability and Lifetime Savings Act - Amends the Internal Revenue Code to: (1) convert the current deduction for interest on education loans to a credit equal to 50 percent of the interest paid during the taxable year on any qualified education loan; and (2) exclude from gross income amounts which would be included under specified loan forgiveness programs for teachers and other public servants. | {"src": "billsum_train", "title": "To make college debt more affordable, and for other purposes."} | 1,394 | 80 | 0.546914 | 1.273358 | 0.608597 | 3.902778 | 16.597222 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home School Non-Discrimination Act
of 2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The right of parents to direct the education of their
children is an established principle and precedent under the
United States Constitution.
(2) The Congress, the President, and the Supreme Court, in
exercising their legislative, executive, and judicial
functions, respectively, have repeatedly affirmed the rights of
parents.
(3) Education by parents at home has proven to be an
effective means for young people to achieve success on
standardized tests and to learn valuable socialization skills.
(4) Young people who have been educated at home are proving
themselves to be competent citizens in post-secondary education
and the workplace.
(5) The rise of private home education has contributed
positively to the education of young people in the United
States.
(6) Several laws, written before and during the rise of
private home education, are in need of clarification as to
their treatment of students who are privately educated at home
pursuant to State law.
(7) The United States Constitution does not allow Federal
control of homeschooling.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) private home education, pursuant to State law, is a
positive contribution to the United States; and
(2) parents who choose this alternative education should be
encouraged within the framework provided by the Constitution.
SEC. 4. CLARIFICATION OF PROVISIONS ON INSTITUTIONAL AND STUDENT
ELIGIBILITY UNDER THE HIGHER EDUCATION ACT OF 1965.
(a) Clarification of Institutional Eligibility.--Section 101(a)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a)(1)) is amended
by inserting ``meeting the requirements of section 484(d)(3) or'' after
``only persons'' .
(b) Clarification of Student Eligibility.--Section 484(d) of the
Higher Education Act of 1965 is amended by striking the heading
``Students Who Are not High School Graduates'' and inserting
``Satisfaction of Secondary Education Standards''.
SEC. 5. CLARIFICATION OF THE CHILD FIND PROCESS UNDER THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT.
Section 614(a)(1) of the Individuals with Disabilities Education
Act (20 U.S.C. 1414(a)(1)) is amended by adding at the end the
following:
``(D) Effect of absence of consent on agency
obligations.--In any case for which there is an absence
of consent for an initial evaluation under this
paragraph or for special education or related services
to a child with a disability under this part--
``(i) the local educational agency shall
not be required to convene an IEP meeting or
develop an IEP under this section for the
child; and
``(ii) the local educational agency shall
not be considered to be in violation of any
requirement under this part (including the
requirement to make available a free
appropriate public education to the child) with
respect to the lack of an initial evaluation of
the child, an IEP meeting with respect to the
child, or the development of an IEP under this
section for the child.''.
SEC. 6. CLARIFICATION OF THE COVERDELL EDUCATION SAVINGS ACCOUNT AS TO
ITS APPLICABILITY FOR EXPENSES ASSOCIATED WITH STUDENTS
PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
(a) In General.--Paragraph (4) of section 530(b) of the Internal
Revenue Code of 1986 (relating to qualified elementary and secondary
education expenses) is amended by adding at the end the following new
subparagraph:
``(C) Special rule for home schools.--For purposes
of clauses (i) and (iii) of subparagraph (A), the terms
`public, private, or religious school' and `school'
shall include any home school which provides elementary
or secondary education if such school is treated as a
home school or private school under State law.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 7. CLARIFICATION OF SECTION 444 OF THE GENERAL EDUCATION
PROVISIONS ACT AS TO PUBLICLY HELD RECORDS OF STUDENTS
PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g; also referred to as the Family Educational Rights and Privacy
Act of 1974) is amended--
(1) in subsection (a)(5), by adding at the end the
following:
``(C) For students in non-public education (including any student
educated at home or in a private school in accordance with State law),
directory information may not be released without the written consent
of the parents of such student.'';
(2) in subsection (a)(6), by striking ``, but does not
include a person who has not been in attendance at such agency
or institution.'' and inserting ``, including any non-public
school student (including any student educated at home or in a
private school as provided under State law). This paragraph
shall not be construed as requiring an educational agency or
institution to maintain education records or personally
identifiable information for any non-public school student.'';
and
(3) in subsection (b)(1), by striking subparagraph (F) and
inserting the following:
``(G) organizations conducting studies for, or on
behalf of, educational agencies or institutions for the
purpose of developing, validating, or administering
predictive tests, administering student aid programs,
and improving instruction, provided--
``(i) such studies are conducted in such a
manner as will not permit the personal
identification of students and their parents by
persons other than representatives of such
organizations and such information will be
destroyed when no longer needed for the purpose
for which it is conducted; and
``(ii) for students in non-public
education, educational records or personally
identifiable information may not be released
without the written consent of the parents of
such student.''.
SEC. 8. CLARIFICATION OF ELIGIBILITY FOR STUDENTS PRIVATELY EDUCATED AT
HOME UNDER STATE LAW FOR THE ROBERT C. BYRD HONORS
SCHOLARSHIP PROGRAM.
Section 419F(a) of the Higher Education Act of 1965 (20 U.S.C.
Sec. 1070d-36(a)) is amended by inserting ``(or a home school, whether
treated as a home school or a private school under State law)'' after
``public or private secondary school''.
SEC. 9. CLARIFICATION OF THE FAIR LABOR STANDARDS ACT AS APPLIED TO
STUDENTS PRIVATELY EDUCATED AT HOME UNDER STATE LAW.
Subsection (l) of section 3 of the Fair Labor Standards Act (29
U.S.C. 203) is amended by adding at the end the following: ``The
Secretary shall extend the hours and periods of permissible employment
applicable to employees between the ages of fourteen and sixteen years
who are privately educated at a home school (whether the home school is
treated as a home school or a private school under State law) beyond
such hours and periods applicable to employees between the ages of
fourteen and sixteen years who are educated in traditional public
schools.''. | Home School Non-Discrimination Act of 2003 - Expresses the sense of the Congress that parents who choose private home education should be encouraged within the framework provided by the Constitution.
Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend.
Amends the Individuals with Disabilities Education Act (IDEA) to provide, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child.
Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under State law.
Amends the part of the General Education Provisions Act known as the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in non-public education, including any student educated at home or in a private school in accordance with State law, without written parental consent.
Amends HEA to include students at home schools, whether treated as a home school or a private school under State law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education.
Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under State Law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) | {"src": "billsum_train", "title": "To amend selected statutes to clarify existing Federal law as to the treatment of students privately educated at home under State law."} | 1,722 | 442 | 0.475878 | 1.505996 | 0.739261 | 3.943734 | 3.787724 | 0.905371 |
SECTION 1. MENTAL ILLNESS RESEARCH, EDUCATION, AND CLINICAL CENTERS.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 7319. Mental illness research, education, and clinical centers
``(a) The purpose of this section is to improve the provision of
health-care services and related counseling services to eligible
veterans suffering from mental illness, especially mental illness
related to service-related conditions, through research (including
research on improving mental health service facilities of the
Department and on improving the delivery of mental health services by
the Department), education and training of personnel, and the
development of improved models and systems for the furnishing of mental
health services by the Department.
``(b)(1) In order to carry out the purpose of this section, the
Secretary, upon the recommendation of the Under Secretary for Health
and pursuant to the provisions of this subsection, shall--
``(A) designate not more than five health-care facilities
of the Department as the locations for a center of research on
mental health services, on the use by the Department of
specific models for furnishing such services, on education and
training, and on the development and implementation of
innovative clinical activities and systems of care with respect
to the delivery of such services by the Department; and
``(B) subject to the appropriation of funds for such
purpose, establish and operate such centers at such locations
in accordance with this section.
``(2) The Secretary shall designate at least one facility under
paragraph (1) not later than January 1, 1994.
``(3) The Secretary shall, upon the recommendation of the Under
Secretary for Health, ensure that the facilities designated for centers
under paragraph (1) are located in various geographic regions.
``(4) The Secretary may not designate any health-care facility as a
location for a center under paragraph (1) unless--
``(A) the peer review panel established under paragraph (5)
has determined under that paragraph that the proposal submitted
by such facility as a location for a new center under this
subsection is among those proposals which have met the highest
competitive standards of scientific and clinical merit; and
``(B) the Secretary, upon the recommendation of the Under
Secretary for Health, determines that the facility has
developed (or may reasonably be anticipated to develop)--
``(i) an arrangement with an accredited medical
school which provides education and training in
psychiatry and with which the facility is affiliated
under which arrangement residents receive education and
training in psychiatry through regular rotation through
the facility so as to provide such residents with
training in the diagnosis and treatment of mental
illness;
``(ii) an arrangement with an accredited graduate
school of psychology under which arrangement students
receive education and training in clinical, counseling,
or professional psychology through regular rotation
through the facility so as to provide such students
with training in the diagnosis and treatment of mental
illness;
``(iii) an arrangement under which nursing, social
work, or allied health personnel receive training and
education in mental health care through regular
rotation through the facility;
``(iv) the ability to attract scientists who have
demonstrated creativity and achievement in research--
``(I) into the evaluation of innovative
approaches to the design of mental health
services; or
``(II) into the causes, prevention, and
treatment of mental illness;
``(v) a policymaking advisory committee composed of
appropriate mental health-care and research personnel
of the facility and of the affiliated school or schools
to advise the directors of the facility and the center
on policy matters pertaining to the activities of the
center during the period of the operation of the
center; and
``(vi) the capability to evaluate effectively the
activities of the center, including activities relating
to the evaluation of specific efforts to improve the
quality and effectiveness of mental health services
provided by the Department at or through individual
facilities.
``(5)(A) In order to provide advice to assist the Under Secretary
for Health and the Secretary to carry out their responsibilities under
this section, the official within the Central Office of the Veterans
Health Administration responsible for mental health and behavioral
sciences matters shall establish a panel to assess the scientific and
clinical merit of proposals that are submitted to the Secretary for the
establishment of new centers under this subsection.
``(B) The membership of the panel shall consist of experts in the
fields of mental health research, education and training, and clinical
care. Members of the panel shall serve as consultants to the Department
for a period of no longer than six months.
``(C) The panel shall review each proposal submitted to the panel
by the official referred to in subparagraph (A) and shall submit its
views on the relative scientific and clinical merit of each such
proposal to that official.
``(D) The panel shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(c) Clinical and scientific investigation activities at each
center may compete for the award of funding from amounts appropriated
for the Department of Veterans Affairs medical and prosthetics research
account and shall receive priority in the award of funding from such
account insofar as funds are awarded to projects and activities
relating to mental illness.
``(d) The Under Secretary for Health shall ensure that at least
three centers designated under subsection (b)(1)(A) emphasize research
into means of improving the quality of care for veterans suffering from
mental illness through the development of community-based alternatives
to institutional treatment for such illness.
``(e) The Under Secretary for Health shall ensure that useful
information produced by the research, education and training, and
clinical activities of the centers established under subsection (b)(1)
is disseminated throughout the Veterans Health Administration through
publications and through programs of continuing medical and related
education provided through regional medical education centers under
subchapter VI of chapter 74 of this title and through other means.
``(f) The official within the Central Office of the Veterans Health
Administration responsible for mental health and behavioral sciences
matters shall be responsible for supervising the operation of the
centers established pursuant to subsection (b)(1).
``(g)(1) There are authorized to be appropriated for the Department
of Veterans Affairs for the basic support of the research and education
and training activities of the centers established pursuant to
subsection (b)(1) the following:
``(A) $3,125,000 for fiscal year 1994.
``(B) $6,250,000 for each of fiscal years 1995 through
1997.
``(2) In addition to the funds available under the authorization of
appropriations in paragraph (1), the Under Secretary for Health shall
allocate to such centers from other funds appropriated generally for
the Department of Veterans Affairs medical care account and the
Department of Veterans Affairs medical and prosthetics research account
such amounts as the Under Secretary for Health determines appropriate
in order to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by adding at the end of the matter
relating to subchapter II the following:
``7319. Mental illness research, education, and clinical centers.''.
(c) Reports.--Not later than February 1 of each of 1995, 1996, and
1997, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report on the status and activities during the previous fiscal year of
the mental illness, research, education, and clinical centers
established pursuant to section 7319 of title 38, United States Code
(as added by subsection (a)). Each such report shall contain the
following:
(1) A description of--
(A) the activities carried out at each center and
the funding provided for such activities;
(B) the advances made at each center in research,
education and training, and clinical activities
relating to mental illness in veterans; and
(C) the actions taken by the Under Secretary for
Health pursuant to subsection (d) of such section (as
so added) to disseminate useful information derived
from such activities throughout the Veterans Health
Administration.
(2) The Secretary's evaluations of the effectiveness of the
centers in fulfilling the purposes of the centers.
(d) Technical Amendment.--Section 7314(d)(1) of such title is
amended by striking out ``the Chief Medical Director'' and inserting in
lieu thereof ``the Under Secretary for Health''.
Passed the Senate March 24 (legislative day, February 22),
1994.
Attest:
WALTER J. STEWART,
Secretary. | Directs the Secretary of Veterans Affairs to: (1) designate not more than five facilities of the Department of Veterans Affairs as locations for centers of mental illness research, education and training, and clinical activities; (2) subject to appropriations, establish and operate such centers; (3) designate one such center by January 1, 1994; and (4) ensure that such centers are located in various geographic regions.
Requires the official within the Central Office of the Veterans Health Administration responsible for mental health and behavioral science matters to establish a panel to assess the scientific and clinical merit of proposals submitted to the Secretary for the establishment of new centers. Requires at least three centers to emphasize research into improving the quality of care provided to mentally ill veterans through the development of community-based alternatives to institutional treatment.
Requires the Under Secretary for Health of the Department to: (1) ensure that research conducted at such centers includes an appropriate emphasis on the psychosocial dimension of mental illness and on the means of furnishing care and treatment to veterans suffering from mental illness; and (2) disseminate information produced at such centers. Authorizes appropriations. Requires reports. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to require the establishment in the Department of Veterans' Affairs of mental illness research, education, and clinical centers, and for other purposes."} | 1,828 | 239 | 0.663719 | 1.831274 | 0.891237 | 3.781659 | 8 | 0.908297 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Animal Enterprise Protection Act of
1993''.
SEC. 2. FREEDOM OF ACCESS TO ANIMAL ENTERPRISES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to animal enterprises
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is engaging in activities in an
animal enterprise; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility is in
part or in whole an animal enterprise;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Animal Enterprise.--The term ``animal enterprise''
means--
``(A) a commercial or academic enterprise that uses
animals for food or fiber production, agriculture,
research, or testing;
``(B) a zoo, aquarium, circus, rodeo, or lawful
competitive animal event; or
``(C) any fair or similar event intended to advance
agriculture.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to animal enterprises.''. | Animal Enterprise Protection Act of 1993 - Amends the Federal criminal code to prohibit and set penalties for intentionally: (1) injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person is engaging in activities in an animal enterprise; or (2) damaging or destroying the property of a facility because that facility is in part or in whole such an enterprise.
Defines "animal enterprise" as a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing; a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or any fair or similar event intended to advance agriculture.
Provides for civil actions by aggrieved persons, the U.S. Attorney General, and State attorneys general.
Specifies that the Congress does not intend this Act to provide exclusive remedies with respect to the conduct prohibited by it, nor to preempt the legislation of States that may provide such remedies. | {"src": "billsum_train", "title": "Animal Enterprise Protection Act of 1993"} | 1,156 | 213 | 0.617456 | 1.967695 | 0.842085 | 4.652632 | 5.552632 | 0.905263 |
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-G-o-v-e-r-n-m-e-n-t -E-t-h-i-c-s-.
-`-`-(-2-) -N-o -g-i-f-t -m-a-y -b-e -a-c-c-e-p-t-e-d---
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-o-r -r-e-g-u-l-a-t-i-o-n-s-; -o-r
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-G-o-v-e-r-n-m-e-n-t -E-t-h-i-c-s-.
-`-`-(-3-) -T-h-e -D-i-r-e-c-t-o-r -s-h-a-l-l -e-s-t-a-b-l-i-s-h
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Government Ethics
Authorization Act of 1994''.
SEC. 2. AMENDMENTS TO THE ETHICS IN GOVERNMENT ACT OF 1978.
(a) References.--Except as otherwise expressly provided, whenever
in this section 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
Ethics in Government Act of 1978 (5 U.S.C. App.).
(b) Reauthorization.--Section 405 is amended by striking
``purpose--'' and all that follows thereafter through the period and
inserting ``purpose, not to exceed $14,000,000 for fiscal year 1995 and
for each of the next 7 fiscal years thereafter.''.
(c) Assistance from Other Agencies.--Section 403 is amended--
(1) in paragraph (1) by striking ``under this Act; and''
and inserting ``of the Office of Government Ethics; and''; and
(2) in paragraph (2) by striking ``duties.'' and inserting
``duties under this Act or any other Act.''.
(d) Gift Acceptance Authority.--Section 403, as amended by
subsection (c), is further amended--
(1) by inserting ``(a)'' before ``Upon the request'';
(2) in the next to last sentence by striking ``this
section'' and inserting ``this subsection''; and
(3) by adding at the end the following:
``(b)(1) The Director may accept and use, on behalf of the United
States, any gift, donation, bequest, or devise of money, use of
facilities, personal property, or services, for the purpose of aiding
or facilitating the work of the Office of Government Ethics.
``(2) No gift, donation, bequest, or devise may be so accepted if
it--
``(A) attaches conditions inconsistent with applicable laws
or regulations; or
``(B) is conditioned on or will require the expenditure of
appropriated funds that are not available to the Office of
Government Ethics.
``(3) The Director shall promulgate written rules setting forth the
criteria to be used in determining whether the acceptance of such a
gift, donation, bequest, or devise would reflect unfavorably on the
ability of the Office of Government Ethics or any employee to carry out
its responsibilities or official duties in a fair and objective manner,
or would compromise the integrity or the appearance of the integrity of
its programs or any official involved in those programs.''.
(e) Reports to Congress.--Section 408 is amended by striking
``March 31'' and inserting ``April 30''.
(f) Section Heading.--The heading for section 401 is amended to
read as follows:
``establishment; appointment of director''.
SEC. 3. OTHER AMENDMENTS.
(a) Elimination of Display Requirement.--The Act entitled ``An Act
to provide for the display of the Code of Ethics for Government
Service'', approved July 3, 1980 (5 U.S.C. 7301 note) is repealed.
(b) FDIA.--Effective as of the date of the enactment of this Act,
section 12(f)(3) of the Federal Deposit Insurance Act (12 U.S.C.
1822(f)(3)) is amended by striking ``, with the concurrence of the
Office of Government Ethics,''.
SEC. 4. EFFECTIVE DATE.
Except as provided in section 3(b), this Act shall be effective as
of October 1, 1994. | Office of Government Ethics Authorization Act of 1994 - Amends the Ethics in Government Act of 1978 to: (1) extend the authorization of appropriations for the Office of Government Ethics (OGE) through FY 1999; and (2) authorize gift acceptance authority for OGE, according to criteria the Director shall promulgate. | {"src": "billsum_train", "title": "Office of Government Ethics Authorization Act of 1994"} | 4,220 | 66 | 0.180306 | 0.362775 | -0.282467 | 2.57377 | 56.754098 | 0.803279 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Debris Act Amendments of
2012''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed as an amendment to a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Marine Debris Research, Prevention, and Reduction Act
(33 U.S.C. 1951 et seq.), as in effect immediately before the enactment
of this Act.
SEC. 3. SHORT TITLE AMENDMENT.
Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research,
Prevention, and Reduction''.
SEC. 4. PURPOSE.
Section 2 (33 U.S.C. 1951) is amended to read as follows:
``SEC. 2. PURPOSE.
``The purpose of this Act is to address the adverse impacts of
marine debris on the United States economy, the marine environment, and
navigation safety through identification, determination of sources,
assessment, prevention, reduction, and removal of marine debris.''.
SEC. 5. NOAA MARINE DEBRIS PROGRAM.
(a) Name of Program.--
(1) In general.--Section 3 (33 U.S.C. 1952) is amended--
(A) in the section heading by striking ``prevention
and removal''; and
(B) in subsection (a)--
(i) by striking ``Prevention and Removal
Program to reduce and prevent'' and inserting
``Program to identify, determine sources of,
assess, prevent, reduce, and remove'';
(ii) by inserting ``the economy of the
United States,'' after ``marine debris on'';
and
(iii) by inserting a comma after
``environment''.
(2) Conforming amendment.--Paragraph (7) of section 7 (33
U.S.C. 1956) is amended by striking ``Prevention and Removal''.
(b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is
amended to read as follows:
``(b) Program Components.--The Administrator, acting through the
Program and subject to the availability of appropriations, shall--
``(1) identify, determine sources of, assess, prevent,
reduce, and remove marine debris, with a focus on marine debris
posing a threat to living marine resources and navigation
safety;
``(2) provide national and regional coordination to assist
States, Indian tribes, and regional organizations in
identification, determination of sources, assessment,
prevention, reduction, and removal of marine debris;
``(3) undertake efforts to reduce adverse impacts of lost
and discarded fishing gear on living marine resources and
navigation safety, including--
``(A) research and development of alternatives to
gear posing threats to the marine environment, and
methods for marking gear used in specific fisheries to
enhance the tracking, recovery, and identification of
lost and discarded gear; and
``(B) development of effective nonregulatory
measures and incentives to cooperatively reduce the
volume of lost and discarded fishing gear and to aid in
its recovery; and
``(4) undertake outreach and education of the public and
other stakeholders on sources of marine debris, threats
associated with marine debris, and approaches to identify,
determine sources of, assess, prevent, reduce, and remove
marine debris and its adverse impacts on the United States
economy, the marine environment, and navigational safety,
including outreach and education activities through public-
private initiatives.''.
(c) Repeal.--Section 2204 of the Marine Plastic Pollution Research
and Control Act of 1987 and the item relating to that section in the
table of contents contained in section 2 of the United States-Japan
Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed.
(d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C.
1952(c)) is amended--
(1) in paragraph (1), by striking ``section 2(1)'' and
inserting ``section 2'';
(2) by repealing paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6).
SEC. 6. REPEAL OF OBSOLETE PROVISIONS.
Section 4 (33 U.S.C. 1953) is amended--
(1) by striking ``(a) Strategy.--''; and
(2) by repealing subsections (b) and (c).
SEC. 7. AMENDMENTS TO DEFINITIONS.
(a) Interagency Marine Debris Coordinating Committee.--
(1) In general.--Except as provided in subsection (b),
section 2203 of the Marine Plastic Pollution Research and
Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved
to replace and appear as section 5 of the Marine Debris
Research, Prevention, and Reduction Act (33 U.S.C. 1954).
(2) Clerical amendment.--The item relating to section 2203
in the table of contents contained in section 2 of the United
States-Japan Fishery Agreement Approval Act of 1987 is
repealed.
(b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C.
1954(c)(2)), as in effect immediately before the enactment of this
Act--
(1) is redesignated as subsection (e) of section 5, as
redesignated and moved by the amendment made by subsection (a)
of this section; and
(2) is amended--
(A) by striking ``Annual progress reports.--'' and
all that follows through ``thereafter'' and inserting
``Biennial Progress Reports.--Bienially'';
(B) by inserting ``Natural'' before ``Resources'';
(C) by redesignating subparagraphs (A) through (E)
as paragraphs (1) through (5) of such subsection; and
(D) by moving such subsection 2 ems to the left.
SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION.
Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the
fishing industry''.
SEC. 9. MARINE DEBRIS DEFINITION.
Section 7 (33 U.S.C. 1956) is amended--
(1) by redesignating paragraph (3) as paragraph (9), and
moving such paragraph to appear after paragraph (8); and
(2) by inserting after paragraph (2) the following:
``(3) Marine debris.--The term `marine debris' means any
persistent solid material that is manufactured or processed and
directly or indirectly, and intentionally or unintentionally,
disposed of or abandoned into the marine environment or the
Great Lakes.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (33 U.S.C. 1958) is amended--
(1) by striking ``are'' and inserting ``is'';
(2) by striking ``2006 through 2010'' and all that follows
through ``(1)'' and inserting ``through fiscal year 2015'';
(3) in paragraph (1), by striking ``$10,000,000'' and
inserting ``$4,900,000''; and
(4) by striking ``; and'' and all that follows through the
end of paragraph (2) and inserting a period.
Passed the House of Representatives August 1, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act.
(Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety.
(Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.
Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program.
(Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987.
Requires such Committee to submit biennial (currently annual) progress reports.
(Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.)
(Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes. | {"src": "billsum_train", "title": "To reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act."} | 1,714 | 397 | 0.599658 | 1.696318 | 0.724014 | 3.678125 | 4.653125 | 0.871875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Card Minimum Payment
Notification Act of 2008''.
SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN END CREDIT PLAN.
Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is
amended by adding at the end the following:
``(13) Enhanced disclosure under an open end credit plan.--
``(A) In general.--A credit card issuer shall, with
each billing statement provided to a cardholder in a
State, provide the following on the front of the first
page of the billing statement, in type no smaller than
that required for any other required disclosure, but in
no case in less than 8-point capitalized type:
``(i) A written statement in the following
form: `Minimum Payment Warning: Making only the
minimum payment will increase the interest you
pay and the time it takes to repay your
balance.'.
``(ii) Either of the following:
``(I) A written statement in the
form of and containing the information
described in item (aa) or (bb), as
applicable, as follows:
``(aa) A written 3-line
statement, as follows: `A one
thousand dollar ($1,000)
balance will take 17 years and
3 months to pay off at a total
cost of two thousand five
hundred ninety dollars and
thirty-five cents ($2,590.35).
A two thousand five hundred
dollar ($2,500) balance will
take 30 years and 3 months to
pay off at a total cost of
seven thousand seven hundred
thirty-three dollars and forty-
nine cents ($7,733.49). A five
thousand dollar ($5,000)
balance will take 40 years and
2 months to pay off at a total
cost of sixteen thousand three
hundred five dollars and
thirty-four cents ($16,305.34).
This information is based on an
annual percentage rate of 17
percent and a minimum payment
of 2 percent or ten dollars
($10), whichever is greater.'.
In the alternative, a credit
card issuer may provide this
information for the 3 specified
amounts at the annual
percentage rate and required
minimum payment that are
applicable to the cardholder's
account. The statement provided
shall be immediately preceded
by the statement required by
clause (i).
``(bb) Instead of the
information required by item
(aa), retail credit card
issuers shall provide a written
3-line statement to read, as
follows: `A two hundred fifty
dollar ($250) balance will take
2 years and 8 months to pay off
at a total cost of three
hundred twenty-five dollars and
twenty-four cents ($325.24). A
five hundred dollar ($500)
balance will take 4 years and 5
months to pay off at a total
cost of seven hundred nine
dollars and ninety cents
($709.90). A seven hundred
fifty dollar ($750) balance
will take 5 years and 5 months
to pay off at a total cost of
one thousand ninety-four
dollars and forty-nine cents
($1,094.49). This information
is based on an annual
percentage rate of 21 percent
and a minimum payment of 5
percent or ten dollars ($10),
whichever is greater.'. In the
alternative, a retail credit
card issuer may provide this
information for the 3 specified
amounts at the annual
percentage rate and required
minimum payment that are
applicable to the cardholder's
account. The statement provided
shall be immediately preceded
by the statement required by
clause (i). A retail credit
card issuer is not required to
provide this statement if the
cardholder has a balance of
less than five hundred dollars
($500).
``(II) A written statement
providing individualized information
indicating an estimate of the number of
years and months and the approximate
total cost to pay off the entire
balance due on an open-end credit card
account if the cardholder were to pay
only the minimum amount due on the
open-ended account based upon the terms
of the credit agreement. For purposes
of this subclause only, if the account
is subject to a variable rate, the
creditor may make disclosures based on
the rate for the entire balance as of
the date of the disclosure and indicate
that the rate may vary. In addition,
the cardholder shall be provided with
referrals or, in the alternative, with
the `800' telephone number of the
National Foundation for Credit
Counseling through which the cardholder
can be referred, to credit counseling
services in, or closest to, the
cardholder's county of residence. The
credit counseling service shall be in
good standing with the National
Foundation for Credit Counseling or
accredited by the Council on
Accreditation for Children and Family
Services. The creditor is required to
provide, or continue to provide, the
information required by this clause
only if the cardholder has not paid
more than the minimum payment for 6
consecutive months, beginning after
July 1, 2002.
``(iii)(I) A written statement in the
following form: `For an estimate of the time it
would take to repay your balance, making only
minimum payments, and the total amount of those
payments, call this toll-free telephone number:
(Insert toll-free telephone number).'. This
statement shall be provided immediately
following the statement required by clause
(ii)(I). A credit card issuer is not required
to provide this statement if the disclosure
required by clause (ii)(II) has been provided.
``(II) The toll-free telephone number shall
be available between the hours of 8 a.m. and 9
p.m., 7 days a week, and shall provide
consumers with the opportunity to speak with a
person, rather than a recording, from whom the
information described in subclause (I) may be
obtained.
``(III) The Federal Trade Commission shall
establish not later than 1 month after the date
of enactment of this paragraph a detailed table
illustrating the approximate number of months
that it would take and the approximate total
cost to repay an outstanding balance if the
consumer pays only the required minimum monthly
payments and if no other additional charges or
fees are incurred on the account, such as
additional extension of credit, voluntary
credit insurance, late fees, or dishonored
check fees by assuming all of the following:
``(aa) A significant number of
different annual percentage rates.
``(bb) A significant number of
different account balances, with the
difference between sequential examples
of balances being no greater than $100.
``(cc) A significant number of
different minimum payment amounts.
``(dd) That only minimum monthly
payments are made and no additional
charges or fees are incurred on the
account, such as additional extensions
of credit, voluntary credit insurance,
late fees, or dishonored check fees.
``(IV) A creditor that receives a request
for information described in subclause (I) from
a cardholder through the toll-free telephone
number disclosed under subclause (I), or who is
required to provide the information required by
clause (ii)(II), may satisfy the creditor's
obligation to disclose an estimate of the time
it would take and the approximate total cost to
repay the cardholder's balance by disclosing
only the information set forth in the table
described in subclause (III). Including the
full chart along with a billing statement does
not satisfy the obligation under this
paragraph.
``(B) Definitions.--In this paragraph:
``(i) Open-end credit card account.--The
term `open-end credit card account' means an
account in which consumer credit is granted by
a creditor under a plan in which the creditor
reasonably contemplates repeated transactions,
the creditor may impose a finance charge from
time to time on an unpaid balance, and the
amount of credit that may be extended to the
consumer during the term of the plan is
generally made available to the extent that any
outstanding balance is repaid and up to any
limit set by the creditor.
``(ii) Retail credit card.--The term
`retail credit card' means a credit card that
is issued by or on behalf of a retailer, or a
private label credit card, that is limited to
customers of a specific retailer.
``(C) Exemptions.--
``(i) Minimum payment of not less than ten
percent.--This paragraph shall not apply in any
billing cycle in which the account agreement
requires a minimum payment of not less than 10
percent of the outstanding balance.
``(ii) No finance charges.--This paragraph
shall not apply in any billing cycle in which
finance charges are not imposed.''. | Credit Card Minimum Payment Notification Act of 2008 - Amends the Truth in Lending Act regarding disclosures required with each billing cycle under an open end consumer credit plan to require a credit card issuer to include in specified type a written statement in the following form: "Minimum Payment Warning: Making only the minimum payment will increase the interest you pay and the time it takes to repay your balance."
Prescribes additional three-line statements disclosing the length of time it will take to pay off balances and the final cost to the consumer of interest rates charged.
Requires disclosure of a toll-free telephone number to obtain an estimate in person rather than a recording of the time to repay the balance making only minimum payments and the total amount of those payments.
Directs the Federal Trade Commission (FTC) to establish a detailed table illustrating the approximate number of months that it would take and the approximate total cost to repay an outstanding balance if the consumer pays only the required minimum monthly payments and if no other additional charges or fees are incurred on the account.
Exempts from such disclosure requirements any billing cycle in which: (1) the account agreement requires a minimum payment of not less than 10% of the outstanding balance; and (2) finance charges are not imposed. | {"src": "billsum_train", "title": "A bill to amend the Truth in Lending Act to provide for enhanced disclosure under an open end credit plan."} | 1,904 | 270 | 0.562851 | 1.769107 | 0.777795 | 4.130081 | 7.630081 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Enhancement and Healthcare
Relief Act of 2006''.
SEC. 2. EXTENSION OF COBRA CONTINUATION COVERAGE.
(a) Under ERISA.--Section 602(2)(A) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1162(2)(A)) is amended--
(1) by amending clause (i) to read as follows:
``(i) General rule.--In the case of a
qualifying event not described in section
603(6), the date that is 36 months after the
date of the qualifying event.'';
(2) by striking clauses (ii), (iv), and (v) and by striking
the sentence beginning ``In the case of a qualified
beneficiary''; and
(3) by redesignating clause (iii) as clause (ii).
(b) Under PHSA.--Section 2202(2)(A) of the Public Health Service
Act (42 U.S.C. 300bb-2(2)(A)) is amended to read as follows:
``(A) Maximum required period.--The date that is 36
months after the date of the qualifying event.''.
(c) Under IRC.--Section 4980B(f)(2)(B)(i) of the Internal Revenue
Code of 1986 is amended--
(1) by amending subclause (I) to read as follows:
``(I) General rule.--In the case of
a qualifying event not described in
paragraph (3)(F), the date that is 36
months after the date of the qualifying
event.'';
(2) by striking subclauses (II), (IV), and (V) and by
striking the sentence beginning ``In the case of a qualified
beneficiary''; and
(3) by redesignating subclause (III) as subclause (II).
(d) Under FEHBP.--Section 8905a(e) of title 5, United States Code,
is amended--
(1) in paragraph (1)(A), by striking ``18 months'' and
inserting ``36 months'';
(2) in paragraph (1)(C), by striking ``24 months'' and
inserting ``36 months''; and
(3) in paragraph (2)(C), by striking ``18-month'' and
inserting ``36-month''.
(e) Effective Date.--The amendments made by this section shall
apply to qualifying events occurring on or after the date that is 18
months before the date of the enactment of this Act.
SEC. 3. TAX CREDIT FOR COST OF COBRA CONTINUATION COVERAGE.
(a) In General.--Subpart C of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to refundable credits) is
amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. COBRA CONTINUATION COVERAGE.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A an amount
equal to the amount paid by the taxpayer for coverage of the taxpayer
and qualifying family members under COBRA continuation coverage for
months beginning in the taxable year.
``(b) Limitations.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for the taxable year shall not exceed the sum of
the monthly limitations for months during such taxable year.
``(2) Monthly limitation.--The monthly limitation for any
month is the product of the credit percentage for such month
multiplied by the amounts paid by the taxpayer for such month
which may be taken into account under subsection (a).
``(3) Credit percentage.--The credit percentage for any
month in any period of COBRA continuation coverage is--
``(A) 100 percent, in the case of the first 12
months of such period,
``(B) 50 percent, in the case of the first 12
months after the months to which subparagraph (A)
applies, and
``(C) zero, in the case of any month thereafter.
``(c) Qualifying Family Member.--For purposes of this section, the
term `qualifying family member' means the taxpayer's spouse and any
dependent of the taxpayer.
``(d) COBRA Continuation Coverage.--For purposes of this section,
the term `COBRA continuation coverage' means coverage under a COBRA
continuation provision (as defined in section 9832(d)(1)).
``(e) Other Specified Coverage.--Amounts paid for COBRA
continuation coverage of any individual for any month shall not be
taken into account under subsection (a) if such individual has other
specified coverage for such month (within the meaning of section
35(f)).
``(f) Special Rules.--
``(1) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this subsection) be allowed as a credit to the taxpayer under
subsection (a) shall be reduced (but not below zero) by the
aggregate amount paid on behalf of such taxpayer under section
7529 for months beginning in such taxable year.
``(2) Coordination with other deductions.--Amounts taken
into account under subsection (a) shall not be taken into
account in determining any deduction allowed under section
162(l) or 213.
``(3) Coordination with other health insurance costs
credit.--Amounts taken into account under subsection (a) with
respect to coverage for any month shall not be taken into
account in determining the credit allowed under section 35. Any
taxpayer who would (but for the preceding sentence) be allowed
a credit under section 35 may elect not to have this section
apply with respect to amounts paid for coverage for any month
during the taxable year.
``(4) Medical and health savings accounts.--Amounts
distributed from an Archer MSA (as defined in section 220(d))
or from a health savings account (as defined in section 223(d))
shall not be taken into account under subsection (a).
``(5) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(6) Separate returns.--The spouse of the taxpayer shall
not be treated as a qualifying family member for purposes of
this section if the taxpayer files a separate return for the
taxable year.
``(7) Insurance which covers other individuals .--For
purposes of this section, rules similar to the rules of section
213(d)(6) shall apply with respect to any contract for COBRA
continuation coverage under which amounts are payable for
coverage of an individual other than the taxpayer and
qualifying family members.
``(8) Treatment of payments.--For purposes of this
section--
``(A) Payments by secretary.--Payments made by the
Secretary on behalf of any individual under section
7529 (relating to advance payment of credit for cost of
COBRA continuation coverage) shall be treated as having
been made by the taxpayer on the first day of the month
for which such payment was made.
``(B) Payments by taxpayer.--Payments made by the
taxpayer for coverage months shall be treated as having
been made by the taxpayer on the first day of the month
for which such payment was made.
``(9) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this section, section 6050U, and
section 7529.''.
(b) Advance Payment of Credit as Premium Payment for COBRA
Continuation Coverage.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following:
``SEC. 7529. ADVANCE PAYMENT OF CREDIT AS PREMIUM PAYMENT FOR COBRA
CONTINUATION COVERAGE.
``(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a program for
making payments to providers of COBRA continuation coverage (as defined
in section 36(d)) on behalf of taxpayers eligible for the credit under
section 36.
``(b) Limitations.--
``(1) Termination after first 12 months of coverage.--The
Secretary shall not make any payment under subsection (a) with
respect to any individual for COBRA continuation coverage of
such individual for any month after the first 12 months of any
period of COBRA continuation coverage.
``(2) Dollar limitation.--The Secretary may make payments
under subsection (a) only to the extent that the such payment
does not exceed 100 percent of the amount paid by the taxpayer
for coverage of the taxpayer and qualifying family members
under COBRA continuation coverage for the months to which such
payment relates.''.
(c) Disclosure of Return Information for Purposes of Carrying Out
Advance Payment Program.--
(1) In general.--Subsection (l) of section 6103 of such
Code is amended by adding at the end the following new
paragraph:
``(21) Disclosure of return information for purposes of
advance payment of credit as premium payment for cobra
continuation coverage.--The Secretary may, on behalf of
taxpayers eligible for the credit under section 36, disclose to
a provider of COBRA continuation coverage (as defined in
section 36(d)), and persons acting on behalf of such provider,
return information with respect to any such taxpayer only to
the extent necessary (as prescribed by regulations issued by
the Secretary) to carry out the program established by section
7529 (relating to advance payment of credit as premium payment
for COBRA continuation coverage).''.
(2) Confidentiality of information.--Paragraph (3) of
section 6103(a) of such Code is amended by striking ``or (20)''
and inserting ``(20), or (21)''.
(3) Unauthorized disclosure.--Paragraph (2) of section
7213(a) of such Code is amended by striking ``or (20)'' and
inserting ``(20), or (21)''.
(d) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of such Code (relating to information concerning
transactions with other persons) is amended by inserting after
section 6050T the following new section:
``SEC. 6050U. RETURNS RELATING TO CREDIT FOR COBRA CONTINUATION
COVERAGE.
``(a) Requirement of Reporting.--Every person who is entitled to
receive payments for any month of any calendar year under section 7529
(relating to advance payment of credit as premium payment for COBRA
continuation coverage) with respect to any individual shall, at such
time as the Secretary may prescribe, make the return described in
subsection (b) with respect to each such individual.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each individual
referred to in subsection (a),
``(B) the number of months for which amounts were
entitled to be received with respect to such individual
under section 7529 (relating to advance payment of
credit as premium payment for COBRA continuation
coverage),
``(C) the amount entitled to be received for each
such month, and
``(D) such other information as the Secretary may
prescribe.
``(c) Statements to Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be
made.''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xiii) through (xviii) as clauses
(xiv) through (xix), respectively, and by inserting
after clause (xii) the following new clause:
``(xiii) section 6050U (relating to returns
relating to credit for COBRA continuation
coverage),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of
subparagraph (AA), by striking the period at the end of
subparagraph (BB) and inserting ``, or'', and by adding
after subparagraph (BB) the following new subparagraph:
``(CC) section 6050U (relating to returns relating
to credit for COBRA continuation coverage).''.
(e) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or section 36'' after
``section 35''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by redesignating the item relating to section 36 as
an item relating to section 37 and by inserting after the item
relating to section 35 the following new item:
``Sec. 36. COBRA continuation coverage.''.
(3) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by adding at
the end the following new item:
``Sec. 6050U. Returns relating to credit for COBRA continuation
coverage.''.
(4) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7529. Advance payment of credit as premium payment for COBRA
continuation coverage.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid for coverage months beginning after the date of
the enactment of this Act, in taxable years ending after such date.
SEC. 4. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH
INCOMES OVER $1,000,000.
(a) General Rule.--Section 1 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(j) Reduction in Benefit of Rate Reduction for Families With
Incomes Over $1,000,000.--
``(1) In general.--If the adjusted gross income of a
taxpayer exceeds the threshold amount, the tax imposed by this
section (determined without regard to this subsection) shall be
increased by an amount equal to the applicable percentage of so
much of the adjusted gross income as exceeds the threshold
amount.
``(2) Threshold amounts.--For purposes of this subsection,
the term `threshold amount' means--
``(A) $1,000,000 in the case of a joint return, and
``(B) $500,000 in the case of any other return.
``(3) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means, with
respect to any taxable year, such percentage as is estimated by
the Secretary to result in an increase in the revenues to the
Treasury for such taxable year which is equal to the decrease
(if any) in the revenues to the Treasury that the Secretary
estimates results from the application of sections 36 and 7529
for such taxable year.
``(4) Tax not to apply to estates and trusts.--This
subsection shall not apply to an estate or trust.
``(5) Special rule.--For purposes of section 55, the amount
of the regular tax shall be determined without regard to this
subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
(c) Application of EGTRRA Sunset.--The amendment made by this
section shall be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to the same extent and in the same
manner as section 101 of such Act.
(d) Section 15 Not to Apply.--The amendment made by subsection (a)
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986. | COBRA Enhancement and Health Care Relief Act of 2006 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, the Internal Revenue Code, and related federal law provisions to extend from 18 to 36 months the period during which employees and other individuals whose group health care coverage has terminated can continue such coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (known as COBRA continuation coverage).
Amends the Internal Revenue Code to: (1) allow individual taxpayers a tax credit for the cost of COBRA continuation coverage; (2) provide for advance payments of such credit to cover current COBRA continuation coverage premiums; and (3) increase tax rates for individuals with adjusted gross incomes over $500,000 ($1 million for married taxpayers filing joint tax returns). | {"src": "billsum_train", "title": "To amend the COBRA continuation Act provisions to extend COBRA continuation coverage from 18 months to 36 months, to provide a tax credit for the cost of such coverage, and to reduce the income tax rate reduction for families with incomes of more than a million dollars."} | 3,765 | 166 | 0.513995 | 1.384523 | 0.722667 | 2.103896 | 22.045455 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Support Act of
2005''.
SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF
INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(3) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' has the
meaning given under section 6331 of title 5, United
States Code.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program to authorize a caregiver
to--
(A) use any sick leave of that caregiver during a
covered period of service in the same manner and to the
same extent as annual leave is used; and
(B) use any leave available to that caregiver under
subchapter III or IV of chapter 63 of title 5, United
States Code, during a covered period of service as
though that covered period of service is a medical
emergency.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing agency and the
Office of Personnel Management.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(5) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out this subsection.
(6) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(b) Voluntary Private Sector Leave Program.--
(1) Definitions.--
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 21 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver while the
individual who designated the caregiver under paragraph
(4) remains a qualified member of the Armed Forces.
(C) Employee.--The term ``employee'' means an
employee of a business entity participating in the
program under this subsection.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces'' means--
(i) a member of a reserve component of the
Armed Forces as described under section 10101
of title 10, United States Code, who has
received notice to report to, or is serving on,
active duty in the Armed Forces in support of a
contingency operation as defined under section
101(a)(13) of title 10, United States Code; or
(ii) a member of the Armed Forces on active
duty who is eligible for hostile fire or
imminent danger special pay under section 310
of title 37, United States Code.
(2) Establishment of program.--
(A) In general.--The Secretary of Labor shall
establish a program to authorize employees of business
entities described under paragraph (3) to use sick
leave, or any other leave available to an employee,
during a covered period of service in the same manner
and to the same extent as annual leave (or its
equivalent) is used.
(B) Exception.--Subparagraph (A) shall not apply to
leave made available under the Family and Medical Leave
Act of 1993 (29 U.S.C. 2601 et seq.).
(3) Voluntary business participation.--The Secretary of
Labor shall solicit business entities to voluntarily
participate in the program under this subsection.
(4) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing business entity.
(B) Designation of spouse.--Notwithstanding
paragraph (1)(A)(ii), an individual less than 21 years
of age may be designated as a caregiver if that
individual is the spouse of the qualified member of the
Armed Forces making the designation.
(5) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor shall prescribe
regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2007.
(c) GAO Report.--Not later than June 30, 2007, the Government
Accountability Office shall submit a report to Congress on the programs
under subsections (a) and (b) that includes--
(1) an evaluation of the success of each program; and
(2) recommendations for the continuance or termination of
each program. | Military Family Support Act of 2005 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver (a federal employee at least 21 years of age capable of providing care to a child or other dependent family member of a member of the Armed Forces) to: (1) use any available sick leave for the provision of such care in the same manner as annual leave is used; and (2) use any federal leave available to that caregiver as though that period of caregiving is a medical emergency. Requires the service member: (1) for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized; and (2) to designate the caregiver for his or her family. Terminates the program on December 31, 2007.
Directs the Secretary of Labor to: (1) establish a program to authorize employees of private businesses to use sick or any other leave for caregiving in the same manner as above; and (2) solicit businesses to voluntarily participate in the program. Requires caregiver designation. Terminates the program on December 31, 2007. | {"src": "billsum_train", "title": "A bill to provide for 2 programs to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes."} | 1,726 | 239 | 0.65816 | 1.72161 | 0.767914 | 3.044248 | 6.800885 | 0.893805 |
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