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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Adjacent Zone Revenue Sharing
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is an Arctic nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands;
(2) the Arctic region of the United States--
(A) is home to an indigenous population that has
subsisted for millennia on the abundance of marine
mammals, fish, and wildlife in the Arctic region, many
of which are unique to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States;
(3) temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average;
(4) the Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice-free
during summer months in as few as 30 years;
(5) those changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic, the
communities and ecosystems of the people, as well as the marine
mammals, fish, and wildlife on which the people depend; and
(6) those changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
SEC. 3. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.--
``(1) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The term
`coastal political subdivision' means a county-
equivalent subdivision of the State all or part of
which--
``(i) lies within the coastal zone (as
defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)); and
``(ii) the closest point of which is not
more than 300 statute miles from the
geographical center of any leased tract.
``(B) Distance.--The terms `distance' means minimum
great circle distance.
``(C) Indian tribe.--The term `Indian tribe' means
an Alaska Native entity recognized and eligible to
receive services from the Bureau of Indian Affairs, the
headquarters of which is located within 300 miles of
the geographical center of a leased tract.
``(D) Leased tract.--The term `leased tract' means
a tract leased under this Act for the purpose of
drilling for, developing, and producing oil or natural
gas resources.
``(E) State.--The term `State' means the State of
Alaska.
``(2) Bonus bids.--Subject to paragraphs (4), (5), and (6),
effective beginning on the date that is 5 years after the date
of enactment of this subsection, the State shall, without
further appropriation or action, receive 37.5 percent of any
bonus bid paid for leasing rights for any area in the Alaska
Adjacent Zone.
``(3) Post leasing revenues.--Subject to paragraphs (4),
(5), and (6), in addition to bonus bids under paragraph (1),
the State shall receive, from leasing of the area, 37.5 percent
of--
``(A) any lease rental payments;
``(B) any lease royalty payments;
``(C) any royalty proceeds from a sale of royalties
taken in kind by the Secretary; and
``(D) any other revenues from a bidding system
under section 8.
``(4) Allocation among coastal political subdivisions of
the state.--
``(A) In general.--The Secretary shall pay 20
percent of any allocable share of the State, as
determined under paragraphs (2) and (3), directly to
coastal political subdivisions.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the coastal political
subdivisions within 300 miles of the
geographical center of the leased tract based
on the relative distance of the coastal
political subdivisions from the leased tract in
accordance with this subparagraph.
``(ii) Distances.--For each coastal
political subdivision, the Secretary shall
determine the distance between the point on the
coastal political subdivision coastline closest
to the geographical center of the leased tract
and the geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among coastal political
subdivisions in amounts that are inversely
proportional to the applicable distances
determined under clause (ii).
``(5) Allocation among regional corporations.--
``(A) In general.--The Secretary shall pay 33
percent of any allocable share of the State, as
determined under this subsection, directly to certain
Regional Corporations established under section 7(a) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1606(a)).
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the Regional
Corporations, after determining those Native
villages within the region of the Regional
Corporation which are within 300 miles of the
geographical center of the leased tract based
on the relative distance of such villages from
the leased tract, in accordance with this
paragraph.
``(ii) Distances.--For each such village,
the Secretary shall determine the distance
between the point in the village closest to the
geographical center of the leased tract and the
geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the qualifying Regional
Corporations in amounts that are inversely
proportional to the distances of all of the
Native villages within each qualifying region.
``(iv) Revenues.--All revenues received by
each Regional Corporation shall be--
``(I) treated by the Regional
Corporation as revenue subject to the
distribution requirements of section
7(i)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
``(II) divided annually by the
Regional Corporation among all 12
Regional Corporations in accordance
with section 7(i) of that Act.
``(v) Further distribution.--A Regional
Corporation receiving revenues under clause
(iv)(II) shall further distribute 50 percent of
the revenues received in accordance with
section 7(j) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(j)).
``(6) Allocation among indian tribes.--
``(A) In general.--The Secretary shall pay 7
percent of any allocable share of the State, as
determined under this subsection, directly to Indian
tribes.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay Indian tribes based on
the relative distance of the headquarters of
the Indian tribes from the leased tract, in
accordance with this subparagraph.
``(ii) Distances.--For each Indian tribe,
the Secretary shall determine the distance
between the location of the headquarters of the
Indian tribe and the geographical center of the
tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the Indian tribes in amounts
that are inversely proportional to the
distances described in clause (ii).
``(7) Conservation royalty.--After making distributions
under paragraphs (2) and (3) and section 31, the Secretary
shall, without further appropriation or action, distribute a
conservation royalty equal to 6.25 percent of Federal royalty
revenues derived from an area leased under this subsection from
all areas leased under this subsection for any year, into the
land and water conservation fund established under section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5) to provide financial assistance to States under section
6 of that Act (16 U.S.C. 460l-8).
``(8) Deficit reduction.--After making distributions in
accordance with paragraphs (2) and (3) and in accordance with
section 31, the Secretary shall, without further appropriation
or action, distribute an amount equal to 6.25 percent of
Federal royalty revenues derived from an area leased under this
subsection from all areas leased under this subsection for any
year, into direct Federal deficit reduction.''. | Alaska Adjacent Zone Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to require that the state of Alaska receive 37.5% of: (1) any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone; and (2) specified post-leasing revenues including lease rental payments and lease royalty payments, as well as royalty proceeds from a sale of royalties taken in kind.
Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 20% of any allocable state share directly to coastal political subdivisions; (2) 33% of any allocable state share to certain Regional Corporations; and (3) 7% of any allocable state share directly to Indian tribes.
Instructs the Secretary to distribute 6.25% of certain federal royalty revenues into: (1) a specified land and water conservation fund to provide financial assistance to states; and (2) direct federal deficit reduction. | {"src": "billsum_train", "title": "A bill to amend the Outer Continental Shelf Lands Act to provide for the sharing of certain outer Continental Shelf revenues from areas in the Alaska Adjacent Zone."} | 2,079 | 202 | 0.489235 | 1.435252 | 0.696943 | 3.317204 | 10.236559 | 0.908602 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Recovery and Enhancement
Act of 2011'' or the ``CRE Act of 2011''.
SEC. 2. DEDUCTION FOR CERTAIN PAYMENTS MADE REDUCE DEBT ON COMMERCIAL
REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals and corporations) is amended by adding at
the end the following new section:
``SEC. 199A. DEDUCTION FOR PAYMENTS MADE TO REDUCE DEBT ON COMMERCIAL
REAL PROPERTY.
``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of any qualified debt reduction payment made during
the taxable year by the taxpayer with respect to qualified indebtedness
on eligible commercial real property held by the taxpayer.
``(b) Maximum Deduction.--The deduction allowed by subsection (a)
for any taxable year shall not exceed, with respect to each eligible
commercial real property, whichever of the following amounts is the
least:
``(1) The amount equal to 50 percent of the excess (if any)
of--
``(A) the amount of the qualified indebtedness
secured by such property as of the beginning of such
taxable year (reduced by amounts required to be paid
under the terms of the loan during such taxable year),
over
``(B) 50 percent of the fair market value of such
property as of the close of the taxable year.
``(2) $10,000,000.
``(3) The adjusted basis of such property as of the close
of such taxable year (determined without regard to qualified
debt reduction payments made during the taxable year and
depreciation for such year).
``(c) Eligible Commercial Real Property.--For purposes of this
section, the term `eligible commercial real property' means any
commercial real property if--
``(1) as of the beginning of the taxable year, the amount
of the qualified indebtedness secured by such property is at
least equal to 85 percent of the fair market value of the
property, or
``(2) such property is, or is reasonably expected to be,
treated as being in an in-substance foreclosure by the
Comptroller of the Currency.
``(d) Qualified Debt Reduction Payment.--For purposes of this
section, the term `qualified debt reduction payment' means the amount
of cash paid by the taxpayer during the taxable year to reduce the
principal amount of qualified indebtedness of the taxpayer but only to
the extent such amount exceeds the amounts required to be paid under
the terms of the loan during such taxable year.
``(e) Property Held by a Partnership.--
``(1) In general.--In the case of property held by a
partnership, a qualified debt reduction payment by the
partnership may be taken into account under this section only
if--
``(A) such payment is attributable to a qualified
equity investment made by a partner in such
partnership, and
``(B) any deduction under this section which is
attributable to such investment is properly allocated
to such partner under section 704(b).
``(2) Qualified equity investment.--For purposes of this
section--
``(A) In general.--The term `qualified equity
investment' means any equity investment (as defined in
section 45D(b)(6)) in a partnership if--
``(i) such investment is acquired by the
partner at its original issue (directly or
through an underwriter) solely in exchange for
cash,
``(ii) at least 80 percent of such cash is
used by the partnership to reduce the principal
amount of qualified indebtedness of the
partnership,
``(iii) the portion of such cash not so
used is used by the partnership for
improvements to commercial real property held
by the partnership, and
``(iv) the person or persons otherwise
entitled to depreciation with respect to the
portion of the basis of the property being
reduced under subsection (g)(1) consent to such
reduction.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(f) Other Definitions.--For purposes of this section--
``(1) Qualified indebtedness.--The term `qualified
indebtedness' means any indebtedness--
``(A) which is incurred or assumed by the taxpayer
on or before January 1, 2009, and
``(B) which is secured by commercial real property
held by the taxpayer at the time the qualified debt
reduction equity payment is made by the taxpayer.
``(2) Commercial real property.--The term `commercial real
property' means section 1250 property (as defined in section
1250(c)); except that such term shall not include residential
rental property (as defined in section 168(e)(2)) unless the
building contains at least 3 dwelling units.
``(g) Application of Section 1250.--For purposes of determining the
depreciation adjustments under section 1250 with respect to any
property--
``(1) the deduction allowed by this section shall be
treated as a deduction for depreciation, and
``(2) the depreciation adjustments in respect of such
property shall include all deductions allowed by this section
to all taxpayers by reason of reducing the debt secured by such
property.
``(h) Special Rules.--
``(1) Basis reduction.--The basis of any property with
respect to which any qualified debt reduction payment is made
shall be reduced by the amount of the deduction allowed by this
section by reason of such payment.
``(2) Refinancings.--The indebtedness described in
subsection (f)(1)(A) shall include indebtedness resulting from
the refinancing of indebtedness described in such subsection
(or this sentence), but only to the extent it does not exceed
the amount of the indebtedness being refinanced.
``(3) Denial of deduction for debt-financed payments.--No
deduction shall be allowed by this section for any qualified
debt reduction payment--
``(A) to the extent indebtedness is incurred or
continued by the taxpayer to make such payment, and
``(B) in the case of a qualified debt reduction
payment made by a partnership on qualified indebtedness
on commercial real property held by the partnership, to
the extent of indebtedness--
``(i) which is incurred or continued by any
partner to whom such payment is allocable, and
``(ii) which is secured by such partner's
interest in the partnership or by such
commercial real property.
``(4) Treatment of amounts required to be paid by reason of
loan default.--For purposes of subsections (b)(1)(A) and (d),
accelerated payments required to be made under the terms of a
loan solely by reason of a default on the loan shall not be
taken into account.
``(5) Recapture of deduction if additional debt within 3
years.--
``(A) In general.--If a taxpayer incurs any
additional debt within 3 years after the date that the
taxpayer made a qualified debt reduction payment, the
ordinary income of the taxpayer making such payment
shall be increased by the applicable percentage of the
recaptured deduction.
``(B) Recaptured deduction.--For purposed of this
paragraph, the recaptured deduction is the excess of--
``(i) the deduction allowed by subsection
(a) on account of a qualified debt reduction
payment, over
``(ii) the deduction which would have been
so allowed if such payment had been reduced by
the additional debt.
``(C) Applicable percentage.--The applicable
percentage shall be determined in accordance with the
following table:
``If, of the 3 years referred to in The applicable
subparagraph (A), the additional percentage is:
debt occurs during the:
1st such year...................................... 100
2d such year....................................... 66 2/3
3d such year....................................... 33 1/3.
``(D) Partnerships.--
``(i) Allocation of income inclusion.--Any
increase in the ordinary income of a
partnership by reason of this paragraph shall
be allocated (under regulations prescribed by
the Secretary) among the partners receiving a
deduction under this section by reason of
making qualified equity investments in the
partnership.
``(ii) Debt-financed equity investment by
partner.--Rules similar to the rules of the
paragraph shall apply in cases where additional
debt is incurred by a partner making a
qualified equity investment in a partnership.
``(E) Subsequent deprecation.--The deductions under
section 168 for periods after a recaptured deduction
under this paragraph shall be determined as if the
portion of the qualified debt reduction payment
allocable to the recaptured deduction had never been
made.
``(6) Recapture where partner disposes of interest in
partnership.--If any partner to whom a deduction under this
section is allocable by reason of making a qualified equity
investment in a partnership disposes of any portion of such
partner's interest in the partnership within 1 year after the
date such investment was made, the ordinary income of such
partner shall be increased by the amount which bears the same
ratio to the deduction allowed on account of such investment as
such portion bears to such partner's interest in the
partnership immediately before such disposition.
``(7) Exemption from passive loss rules.--Section 469 shall
not apply to the deduction allowed by this section.
``(i) Application of Section.--This section shall apply to
qualified debt reduction payments made within the 2-year period
beginning on the day after the date of the enactment of this
section.''.
(b) Earnings and Profits.--Subsection (k) of section 312 of such
Code is amended by adding at the end the following new paragraph:
``(6) Treatment of section 199a.--Paragraphs (1) and (3)
shall not apply to the deduction allowed by section 199A.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 199A. Deduction for payments made to reduce debt on commercial
real property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Community Recovery and Enhancement Act of 2011 or the CRE Act of 2011 - Amends the Internal Revenue Code to allow a tax deduction for payments made to reduce debt on eligible commercial property. Limits the amount of such deduction to the lesser of: (1) 50% of the excess of the amount of qualified debt secured by such property, (2) 50% of the fair market value of such property, (3) $10 million, or (4) the adjusted basis of such property at the close of the taxable year.
Defines "eligible commercial property" as any commercial real property if: (1) the amount of the qualified indebtedness secured by such property is at least 85% of the fair market value of the property, or (2) such property is, or is reasonably expected to be, treated as being in an in-substance foreclosure by the Comptroller of the Currency.
Denies a tax deduction for debt reduction payments that are debt-financed. Requires a recapture in income of tax deduction amounts allowed by this Act if additional indebtedness is incurred within three years after a qualified debt reduction payment is made. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for certain payments made to reduce debt on commercial real property."} | 2,386 | 241 | 0.717068 | 2.047069 | 0.945749 | 4.524887 | 9.60181 | 0.914027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Trust Fund Commission Act of
2003''.
SEC. 2. NATIONAL COMMISSION ON FUTURE REVENUE SOURCES TO SUPPORT THE
HIGHWAY TRUST FUND.
(a) Establishment.--The Secretary of Transportation shall establish
a National Commission on Future Revenue Sources to Support the Highway
Trust Fund.
(b) Function.--The Commission shall--
(1) conduct a comprehensive investigation of alternatives
to replace the fuel tax as the principal revenue source to
support the Highway Trust Fund over at least the next 30 years;
(2) consult with the Secretary of Transportation and the
Secretary of the Treasury to assure that their views concerning
essential attributes of Highway Trust Fund revenue alternatives
are understood;
(3) consult with the American Association of State Highway
and Transportation Officials to assure that State
transportation agency views on alternative revenue sources to
support State transportation improvement programs are
appropriately considered and that any recommended Federal
financing strategy take into account State financial
requirements; and
(4) make, based on the investigation, specific
recommendations regarding actions that need to be taken to
develop alternative revenue sources to support the Highway
Trust Fund and when those actions must be taken.
(c) Specific Matters To Be Addressed.--The investigation under
subsection (b) shall address specifically--
(1) advantages and disadvantages of alternative revenue
sources to meet anticipated Federal surface transportation
financial requirements;
(2) the time frame within which actions must be taken to
transition from the fuel tax to alternative revenue sources to
support the Highway Trust Fund;
(3) recommendations concerning alternative revenue sources
to support long-term Federal surface transportation financing
requirements;
(4) development of a broad transition strategy to move from
the current tax base to new funding mechanisms, including the
time frame for various aspects of the transition strategy;
(5) recommendations for additional research that may be
needed to implement recommended alternatives; and
(6) the extent to which revenues should reflect the
relative use of the highway system.
(d) Factors To Consider and Evaluate.--The investigation under
subsection (b) shall take into account findings, conclusions, and
recommendations of recent studies by the Transportation Research Board
on alternatives to the fuel tax to support highway program financing
and relevant prior research completed by the Department of
Transportation, the Department of Energy, and others. In developing
recommendations under subsection (b), the Commission shall consider--
(1) the ability to generate sufficient revenues to meet
anticipated long term surface transportation financing needs;
(2) the roles of the various levels of government and the
private sector in meeting future surface transportation
financing needs;
(3) administrative costs, including enforcement, to
implement each option;
(4) potential taxpayer privacy concerns;
(5) likely technological advances that could ease
implementation of each option;
(6) alternative transportation vehicles, including various
alternative-fueled vehicles;
(7) the equity and economic efficiency of each option;
(8) the flexibility of different options to allow various
pricing alternatives to be implemented; and
(9) potential compatibility issues with States' tax
mechanisms under each alternative.
(e) Membership.--
(1) Appointment.--The Commission shall be composed of 9
members as follows:
(A) Three members appointed by the President.
(B) Three members appointed by the Speaker of the
House of Representatives.
(C) Three members appointed by the majority leader
of the Senate.
(2) Qualifications.--Members appointed under paragraph (2)
shall have experience in public finance, surface transportation
program administration, managing organizations that use surface
transportation facilities, academic research into related
issues, or other activities that provide unique perspectives on
current and future requirements for revenue sources to support
the Highway Trust Fund.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(6) Chairman.--The Chairman of the Commission shall be
elected by the members.
(f) Staff.--The Commission may engage the services of an
appropriate organization, agency, or firm to conduct the investigation
under subsection (b). The Commission shall provide strategic guidance
for the investigation. Upon request of the Commission, the Secretary
may detail, on a reimbursable basis, any of the personnel of that
department to the Commission to assist it in carrying out its duties
under this section. The staff of the Secretary shall cooperate with the
Commission in the investigation, including providing nonconfidential
data and information as necessary to conduct the investigation.
(g) Administrative Support Services.--Upon the request of the
Commission, the Secretary shall provide to the Commission, on a
reimbursable basis, the administrative support and services necessary
for the Commission to carry out its responsibilities under this
section.
(h) Report and Recommendations.--Not later than September 30, 2006,
the Commission shall transmit to Congress a final report on the results
of the investigation conducted under this section and specific
recommendations to address the needs identified in the investigation.
(i) Relationship to Other Laws.--The Federal Advisory Committee Act
(5 U.S.C. App.) does not apply to the Commission.
(j) Termination.--The Commission shall terminate on the 180th day
following the date of transmittal of the report under subsection (h).
By such 180th day, all records and papers of the Commission shall be
delivered to the Administrator of the General Services for deposit in
the National Archives.
(k) Authorization of Appropriations.--There is authorized to be
appropriated from the Highway Trust Fund (other than the Mass Transit
Account) $2,000,000 for fiscal year 2004 to carry out this section.
(l) Applicability of Title 23.--Funds made available to carry out
this section shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of the investigation
and the Commission under this section shall be 100 percent, and such
funds shall remain available until expended. | Highway Trust Fund Commission Act of 2003 - Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the Highway Trust Fund to investigate and recommend alternatives to replace the fuel tax as the principal revenue source to support the Highway Trust Fund (HTF) over at least the next 30 years. Directs the Commission to consider: (1) the ability to generate sufficient revenues to meet anticipated long term surface transportation financing needs; (2) the roles of the various levels of government and the private sector; (3) administrative costs; (4) potential taxpayer privacy concerns; (5) likely technological advances; (6) alternative transportation vehicles, including alternative-fueled vehicles; (7) the equity and economic efficiency of each option; (8) the flexibility of different options to allow various pricing alternatives to be implemented; and (9) potential compatibility issues with States' tax mechanisms. | {"src": "billsum_train", "title": "To establish a National Commission to study the Highway Trust Fund."} | 1,307 | 173 | 0.712363 | 1.991343 | 0.824864 | 7.642045 | 7.335227 | 0.971591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Exploration Opportunities
Act of 2015''.
SEC. 2. GEOTHERMAL EXPLORATION TEST PROJECTS.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``SEC. 30. GEOTHERMAL EXPLORATION TEST PROJECTS.
``(a) Definitions.--In this section:
``(1) Covered land.--The term `covered land' means land
that is--
``(A)(i) public land administered by the Secretary;
or
``(ii) National Forest System land administered by
the Secretary of Agriculture; and
``(B) not excluded from the development of
geothermal energy under--
``(i) a final land use plan established
under the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
``(ii) a final land and resource management
plan established under the National Forest
Management Act of 1976 (16 U.S.C. 1600 et
seq.); or
``(iii) any other applicable law.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture (acting through
the Chief of the Forest Service), with respect to
National Forest System land; and
``(B) the Secretary, with respect to land managed
by the Bureau of Land Management (including land held
for the benefit of an Indian tribe).
``(b) NEPA Review of Geothermal Exploration Test Projects.--
``(1) In general.--An eligible activity described in
paragraph (2) carried out on covered land shall be considered
an action categorically excluded from the requirements for an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) or section 1508.4 of title 40, Code of Federal
Regulations (or a successor regulation) if--
``(A) the action is for the purpose of geothermal
resource exploration operations; and
``(B) the action is conducted pursuant to this Act.
``(2) Eligible activity.--An eligible activity referred to
in paragraph (1) is--
``(A) a geophysical exploration activity that does
not require drilling, including a seismic survey;
``(B) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of
geothermal resources that--
``(i) is carried out by the holder of the
lease;
``(ii) causes--
``(I) fewer than 5 acres of soil or
vegetation disruption at the location
of each geothermal exploration well;
and
``(II) not more than an additional
5 acres of soil or vegetation
disruption during access or egress to
the project site;
``(iii) is completed in fewer than 90 days,
including the removal of any surface
infrastructure from the project site; and
``(iv) requires the restoration of the
project site not later than 3 years after the
date of completion of the project to
approximately the condition that existed at the
time the project began, unless--
``(I) the project site is
subsequently used as part of energy
development on the lease; or
``(II) the project--
``(aa) yields geothermal
resources; and
``(bb) the use of the
geothermal resources will be
carried out under another
geothermal generation project
in existence at the time of the
discovery of the geothermal
resources; or
``(C) the drilling of a well to test or explore for
geothermal resources on land leased by the Secretary
concerned for the development and production of
geothermal resources that--
``(i) causes an individual surface
disturbance of fewer than 5 acres if--
``(I) the total surface disturbance
on the leased land is not more than 150
acres; and
``(II) a site-specific analysis has
been prepared under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) involves the drilling of a
geothermal well at a location or well pad site
at which drilling has occurred within 5 years
before the date of spudding the well; or
``(iii) involves the drilling of a
geothermal well in a developed field for
which--
``(I) an approved land use plan or
any environmental document prepared
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.)
analyzed the drilling as a reasonably
foreseeable activity; and
``(II) the land use plan or
environmental document was approved
within 10 years before the date of
spudding the well.
``(3) Limitation based on extraordinary circumstances.--The
categorical exclusion established under paragraph (1) shall be
subject to extraordinary circumstances in accordance with the
Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2
(or successor provisions).
``(c) Notice of Intent; Review and Determination.--
``(1) Requirement to provide notice.--Not later than 30
days before the date on which drilling begins, a leaseholder
intending to carry out an eligible activity shall provide
notice to the Secretary concerned.
``(2) Review of project.--Not later than 10 days after
receipt of a notice of intent provided under paragraph (1), the
Secretary concerned shall--
``(A) review the project described in the notice
and determine whether the project is an eligible
activity; and
``(B)(i) if the project is an eligible activity,
notify the leaseholder that under subsection (b), the
project is considered a categorical exclusion under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and section 1508.4 of title 40, Code of
Federal Regulations (or a successor regulation); or
``(ii) if the project is not an eligible activity--
``(I) notify the leaseholder that section
102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)) applies to
the project;
``(II) include in that notification clear
and detailed findings on any deficiencies in
the project that prevent the application of
subsection (b) to the project; and
``(III) provide an opportunity to the
leaseholder to remedy the deficiencies
described in the notification before the date
on which the leaseholder plans to begin the
project under paragraph (1).''. | Geothermal Exploration Opportunities Act of 2015 This bill amends the Geothermal Steam Act of 1970 to categorically exclude from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (NEPA) a geothermal exploration test project on National Forest System land or land managed by the Bureau of Land Management (BLM) if the project is either: a geophysical exploration activity that does not require drilling; test drilling causing soil or vegetation disruption of fewer than 10 acres, including access, that is completed in fewer than 90 days and meets other requirements, such as for restoration of the site; test drilling causing an individual surface disturbance of fewer than 5 acres with a total surface disturbance of fewer than 150 acres when a site specific analysis has been prepared; test drilling on a site at which drilling has occurred within 5 years; or test drilling on the site of a developed field that has been approved for drilling in the last 10 years pursuant to an approved land use plan or any NEPA environmental documents. A leaseholder of a geothermal lease on federal land intending to carry out a geothermal exploration test project must provide notice to the Department of the Interior, with respect to BLM land, or to the Department of Agriculture (USDA), with respect to National Forest System land . BLM and USDA must: review those projects, notify the leaseholder of project deficiencies that preclude the NEPA exemption, and allow leaseholders an opportunity to remedy those deficiencies prior to the date that the leaseholder intended to start drilling. | {"src": "billsum_train", "title": "Geothermal Exploration Opportunities Act of 2015"} | 1,526 | 336 | 0.601685 | 1.773834 | 0.801399 | 3 | 4.696246 | 0.883959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Pay for Performance
Act''.
SEC. 2. DEFINITIONS.
For the purpose of this Act--
(1) the term ``Federal deficit'' or ``deficit'' means, with
respect to any fiscal year, the amount by which total budget
outlays of the Government for such fiscal year exceed total
revenues of the Government for such fiscal year;
(2) the term ``Member of Congress'' means an individual
serving in a position referred to in section 601(a)(1) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31(1)); and
(3) the term ``year'' means a calendar year.
SEC. 3. TEMPORARY SUSPENSION OF USUAL PAY ADJUSTMENT PROCEDURES.
Subject to section 5, rates of basic pay for Members of Congress
shall not be adjusted except in accordance with section 4.
SEC. 4. TEMPORARY ALTERNATIVE PROCEDURES.
(a) In General.--Effective as of the first day of the first
applicable pay period beginning on or after January 1st of each year,
the rate of basic pay for each Member of Congress shall be reduced by
the percentage derived by multiplying the applicable factor under
subsection (b) for such year by the applicable factor under subsection
(c) for such year.
(b) Factor Reflecting Magnitude of the Deficit.--The applicable
factor under this subsection for any year is the number of hundreds of
billions of dollars to which the Federal deficit is equal, as
determined under subsection (d) with respect to such year.
(c) Factor Reflecting Degree of Success in Reducing or Eliminating
the Deficit.--The applicable factor under this subsection for any year
shall be determined in accordance with the following:
(1) For the first year beginning on or after the effective
date of this Act, the applicable factor under this subsection
is 2 percent.
(2) For each year thereafter, the applicable factor under
this subsection is--
(A) the same percentage as was applicable under
this subsection in the previous year, if the deficit
for the year in question is at least $100,000,000,000
less than--
(i) the size of the deficit for the year
referred to in paragraph (1), or
(ii) the lowest level attained in the
deficit for any year after the year referred to
in paragraph (1),
whichever is less; or
(B) 2 times the percentage which was applicable
under this subsection in the previous year, if
subparagraph (A) does not apply.
(d) Determining the Size of the Deficit.--For the purpose of any
determination under this Act, the size or level of the Federal deficit
for any year--
(1) shall be equal to the size or level of the deficit for
the fiscal year ending on the September 30th immediately
preceding the start of such year; and
(2) shall be rounded to the nearest multiple of
$100,000,000,000 (or, if midway between multiples of
$100,000,000,000, to the next higher multiple of
$100,000,000,000).
(e) Limitation.--Nothing in this Act shall have the effect of
reducing any rate of basic pay below $1.
(f) Suspension in Time of War.--
(1) In general.--Subject to paragraph (2), upon the
enactment of a declaration of war--
(A) subsections (a) through (d) shall be suspended;
and
(B) any subsequent reduction in rates of basic pay
for Members of Congress under such subsections shall be
precluded.
(2) Restoration.--In the event of a suspension of
subsections (a) through (d) due to a declaration of war, then,
effective with the first year that begins in the session after
the state of war is concluded by Senate ratification of the
necessary treaties--
(A) the provisions of subsections (a) through (d)
shall be restored to full force and effect, and any
adjustment scheduled to take effect on or after the
first day of such year shall be implemented in
accordance with such provisions; and
(B) the initial rate of basic pay for a Member of
Congress (before the implementation of any adjustment
referred to in subparagraph (A)) shall be equal to the
rate of basic pay in effect for such a Member as of the
day before the effective date of this Act.
SEC. 5. EFFECT OF ELIMINATING THE DEFICIT.
(a) In General.--Effective as of the first day of the first
applicable pay period beginning on or after January 1st of the first
year with respect to which the deficit is determined to have been
eliminated--
(1) the provisions of law suspended by section 2
(disregarding subsection (f) thereof) shall be restored to full
force and effect, and any adjustment scheduled to take effect
on or after such first day under such provisions shall be
implemented in accordance with such provisions;
(2) the initial rate of basic pay for a Member of Congress
(before the implementation of any adjustment referred to in
paragraph (1)) shall be equal to 2 times the rate of basic pay
in effect for such a Member as of the effective date of this
Act.
(3) the provisions of section 4 shall cease to be
effective.
(b) Rule Relating to Determining When the Deficit Has Been
Eliminated.--
(1) In general.--For the purpose of this Act, the deficit
shall be considered to have been eliminated as of the start of
the first year for which the applicable factor under section
4(b) would be less than 1.
(2) No tax increase.--The condition under paragraph (1)
shall be considered unmet if there is enacted, after the
effective date of this Act, any legislation that reduces the
Federal deficit by changing the Internal Revenue Code of 1986.
SEC. 6. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on January 1st of the
first year beginning after the first election of Representatives
following the date of the enactment of this Act.
(b) Definition.--For the purpose of subsection (a), the term
``election of Representatives'' has the meaning given such term by
225(i)(4)(B) of the Federal Salary Act of 1967 (2 U.S.C. 359(4)(B)). | Congressional Pay for Performance Act - Suspends basic pay adjustments for Members of Congress, and requires pay reductions, until the deficit is reduced to below $50,000,000,000 without the enactment of any change in the Internal Revenue Code.
Requires an annual reduction in pay by a percentage equal to: (1) two percent times the number of hundreds of billions of dollars of the deficit in the first year after enactment; or (2) twice that percentage for any year following a year for which the deficit is not at least $100,000,000,000 less than the lowest level attained after enactment of this Act.
Suspends pay reductions upon enactment of a declaration of war and reinstates them when the state of war is concluded.
Restores pay adjustment procedures suspended by this Act, and provides for a rate of basic pay of twice the rate in effect as of the effective date of this Act, for the first year with respect to which the deficit is less than $50,000,000,000. | {"src": "billsum_train", "title": "Congressional Pay for Performance Act"} | 1,390 | 209 | 0.603589 | 1.557545 | 0.895578 | 2.708108 | 6.951351 | 0.881081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for Life Act of 1998''.
SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.
(a) Withdrawals for Elementary and Secondary School Expenses and
for Job Training Expenses by Older Individuals.--
(1) In general.--Section 530(b)(2) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(2) Qualified education expenses.--
``(A) In general.--The term `qualified education
expenses' means--
``(i) qualified elementary and secondary
education expenses (as defined in paragraph
(4)),
``(ii) qualified higher education expenses
(as defined in section 529(e)(3)), and
``(iii) qualified job training expenses (as
defined in paragraph (5)).
Such expenses shall be reduced as provided in section
25A(g)(2).
``(B) Qualified state tuition programs.--Such term
shall include amounts paid or incurred to purchase
tuition credits or certificates, or to make
contributions to an account, under a qualified State
tuition program (as defined in section 529(b)) for the
benefit of the beneficiary of the account.''.
(2) Qualified elementary and secondary education expenses;
qualified job training expenses.--Section 530(b) of such Code
is amended by adding at the end the following new paragraphs:
``(4) Qualified elementary and secondary education
expenses.--
``(A) In general.--The term `qualified elementary
and secondary education expenses' means tuition, fees,
tutoring, special needs services, books, supplies,
computer equipment (including related software and
services) and other equipment, transportation, and
supplementary expenses required for the enrollment or
attendance of the designated beneficiary of the trust
at a public, private, or religious school.
``(B) Special rule for home- schooling.--Such term
shall include expenses described in subparagraph (A)
required for education provided for homeschooling if
the requirements of any applicable State or local law
are met with respect to such education.
``(C) School.--The term `school' means any school
which provides elementary education or secondary
education (through grade 12), as determined under State
law.
``(5) Qualified job training expenses.--
``(A) In general.--The term `qualified job training
expenses' means--
``(i) tuition and fees required for the
enrollment or attendance of a worker in an
applicable training program,
``(ii) fees, books, supplies, and equipment
required for an applicable training program,
and
``(iii) a reasonable allowance for meals
and lodging while attending an applicable
training program.
``(B) Applicable training program.--For purposes of
subparagraph (A), the term `applicable training
program' means--
``(i) any applicable program (as defined in
section 314(g) of the Job Training Partnership
Act), and
``(ii) any training program approved under
section 236 of the Trade Act of 1974.''.
(3) Contributions to account permitted until beneficiary
attains age 55.--Clause (ii) of section 530(b)(1)(A) of such
Code is amended by striking ``age 18'' and inserting ``age
55''.
(4) Conforming amendments.--Subsections (b)(1) and (d)(2)
of section 530 of such Code are each amended by striking
``higher'' each place it appears in the text and heading
thereof.
(b) Increase in Maximum Contributions to Education Individual
Retirement Accounts.--Subsections (b)(1)(A)(iii) and (d)(4)(C) of
section 530, and section 4973(e)(1)(A), of such Code are each amended
by striking ``$500'' and inserting ``$2,500''.
(c) Deduction for Contributions to Education Individual Retirement
Accounts.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by redesignating section 222 as section
223 and by inserting after section 221 the following new
section:
``SEC. 222. CONTRIBUTIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction the amount paid in cash for the taxable year
by or on behalf of such individual to any education individual
retirement account for the benefit of any individual.
``(b) Maximum Deduction.--The amount allowable as a deduction under
subsection (a) shall not exceed $2,500 with respect to each individual
for whose benefit the payments referred to in subsection (a) are made.
``(c) Other Limitations and Restrictions.--
``(1) Beneficiary must be under age 55.--No deduction shall
be allowed under this section for any payment for the benefit
of an individual if such individual has attained age 55 before
the date that the payment is made.
``(2) Recontributed amounts.--No deduction shall be allowed
under this section with respect to a rollover contribution.
``(3) Employer payments.--For purposes of this title, any
amount paid by an employer to an education individual
retirement plan shall be treated as payment of compensation to
the employee (other than a self-employed individual who is an
employee within the meaning of section 401(c)(1)) includible in
his gross income in the taxable year for which the amount was
contributed, whether or not a deduction for such payment is
allowable under this section to the employee.''.
(2) Deduction allowed whether or not taxpayer itemizes
other deductions.--Subsection (a) of section 62 of such Code is
amended by inserting after paragraph (17) the following new
paragraph:
``(18) Contributions to education individual retirement
accounts.--The deduction allowed by section 222.''.
(3) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 222. Contributions to education
individual retirement accounts.
``Sec. 223. Cross reference.''.
(d) No Penalty for Distributions Not Used for Education Expenses
After Date Beneficiary Attains Age 59\1/2\.--Subparagraph (B) of
section 530(d)(4) of such Code (relating to additional tax for
distributions not used for educational expenses) is amended by striking
``or'' at the end of clause (ii), by striking the period at the end of
clause (iii) and inserting ``, or'', and by adding at the end the
following new clause:
``(iv) made to the designated beneficiary
on or after the date on which the designated
beneficiary attains age 59\1/2\.''.
(e) Waiver of Age Limitations for Children With Special Needs.--
Paragraph (1) of section 530(b) of such Code is amended by adding at
the end the following flush sentence:
``The age limitations in the preceding sentence shall not apply
to any designated beneficiary with special needs (as determined
under regulations prescribed by the Secretary).''.
(f) Corporations Permitted To Contribute to Accounts.--Paragraph
(1) of section 530(c) of such Code is amended by striking ``The maximum
amount which a contributor'' and inserting ``In the case of a
contributor who is an individual, the maximum amount the contributor''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Education for Life Act of 1998 - Amends the Internal Revenue Code to expand permitted withdrawals from education individual retirement accounts to include: (1) qualified elementary and secondary education expenses (including home schooling expenses); and (2) qualified job training expenses. Increases from: (1) $500 to $2,500 the maximum amount which may annually be contributed to such an account; and (2) 18 to 55 the age until which contributions may be made to a beneficiary's account. Permits a deduction (for both itemizers and nonitemizers) for such contributions. | {"src": "billsum_train", "title": "Education for Life Act of 1998"} | 1,781 | 116 | 0.493763 | 1.300794 | 0.581881 | 2.080357 | 13.625 | 0.848214 |
TITLE I--HARMFUL ALGAL BLOOM AND HYPOXIA AMENDMENTS ACT OF 2004
SEC. 101. SHORT TITLE.
This title may be cited as the ``Harmful Algal Bloom and Hypoxia
Amendments Act of 2004''.
SEC. 102. RETENTION OF TASK FORCE.
Section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 nt) is amended by striking
subsection (e). In developing the assessments, reports, and plans under
the amendments made by this title, the Task Force shall consult with
the coastal States, Indian tribes, local governments, appropriate
industries (including fisheries, agriculture, and fertilizer), academic
institutions, and nongovernmental organizations with expertise in
coastal zone science and management.
SEC. 103. PREDICTION AND RESPONSE REPORT.
Section 603 of such Act, as amended by section 102, is further
amended by adding at the end the following:
``(d) Report to Congress on Harmful Algal Bloom Impacts.--
``(1) Development.--Not later than 12 months after the date of
enactment of the Harmful Algal Bloom and Hypoxia Amendments Act of
2004, the President, in consultation with the chief executive
officers of the States, shall develop and submit to the Congress a
report that describes and evaluates the effectiveness of measures
described in paragraph (2) that may be utilized to protect
environmental and public health from impacts of harmful algal
blooms. In developing the report, the President shall consult with
the Task Force, the coastal States, Indian tribes, local
governments, appropriate industries (including fisheries,
agriculture, and fertilizer), academic institutions, and
nongovernmental organizations with expertise in coastal zone
science and management, and also consider the scientific
assessments developed under this Act.
``(2) Requirements.--The report shall--
``(A) review techniques for prediction of the onset,
course, and impacts of harmful algal blooms including
evaluation of their accuracy and utility in protecting
environmental and public health and provisions for their
development;
``(B) identify innovative research and development methods
for the prevention, control, and mitigation of harmful algal
blooms and provisions for their development; and
``(C) include incentive-based partnership approaches
regarding subparagraphs (A) and (B) where practicable.
``(3) Publication and opportunity for comment.--At least 90
days before submitting the report to the Congress, the President
shall cause a summary of the proposed plan to be published in the
Federal Register for a public comment period of not less than 60
days.
``(4) Federal assistance.--The Secretary of Commerce, in
coordination with the Task Force and to the extent of funds
available, shall provide for Federal cooperation with and
assistance to the coastal States, Indian tribes, and local
governments regarding the measures described in paragraph (2), as
requested.''.
SEC. 104. LOCAL AND REGIONAL SCIENTIFIC ASSESSMENTS.
Section 603 of such Act, as amended by section 103, is further
amended by adding at the end the following:
``(e) Local and Regional Scientific Assessments.--
``(1) In general.--The Secretary of Commerce, in coordination
with the Task Force and appropriate State, Indian tribe, and local
governments, to the extent of funds available, shall provide for
local and regional scientific assessments of hypoxia and harmful
algal blooms, as requested by States, Indian tribes, and local
governments, or for affected areas as identified by the Secretary.
If the Secretary receives multiple requests, the Secretary shall
ensure, to the extent practicable, that assessments under this
subsection cover geographically and ecologically diverse locations
with significant ecological and economic impacts from hypoxia or
harmful algal blooms. The Secretary shall establish a procedure for
reviewing requests for local and regional assessments. The
Secretary shall ensure, through consultation with Sea Grant
Programs, that the findings of the assessments are communicated to
the appropriate State, Indian tribe, and local governments, and to
the general public.
``(2) Purpose.--Local and regional assessments shall examine--
``(A) the causes and ecological consequences, and the
economic cost, of hypoxia or harmful algal blooms in that area;
``(B) potential methods to prevent, control, and mitigate
hypoxia or harmful algal blooms in that area and the potential
ecological and economic costs and benefits of such methods; and
``(C) other topics the Task Force considers appropriate.
``(f) Scientific Assessment of Freshwater Harmful Algal Blooms.--
(1) Not later than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Amendments Act of 2004 the Task Force shall
complete and submit to Congress a scientific assessment of current
knowledge about harmful algal blooms in freshwater, such as the Great
Lakes and upper reaches of estuaries, including a research plan for
coordinating Federal efforts to better understand freshwater harmful
algal blooms.
``(2) The freshwater harmful algal bloom scientific assessment
shall--
``(A) examine the causes and ecological consequences, and the
economic costs, of harmful algal blooms with significant effects on
freshwater, including estimations of the frequency and occurrence
of significant events;
``(B) establish priorities and guidelines for a competitive,
peer-reviewed, merit-based interagency research program, as part of
the Ecology and Oceanography of Harmful Algal Blooms (ECOHAB)
project, to better understand the causes, characteristics, and
impacts of harmful algal blooms in freshwater locations; and
``(C) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms in
freshwater locations.
``(g) Scientific Assessments of Hypoxia.--(1) Not less than once
every 5 years the Task Force shall complete and submit to the Congress
a scientific assessment of hypoxia in United States coastal waters
including the Great Lakes. The first such assessment shall be completed
not less than 24 months after the date of enactment of the Harmful
Algal Bloom and Hypoxia Amendments Act of 2004.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and the
economic costs, of hypoxia;
``(B) describe the potential ecological and economic costs and
benefits of possible policy and management actions for preventing,
controlling, and mitigating hypoxia;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts of
hypoxia, including recommendations of how to eliminate significant
gaps in hypoxia modeling and monitoring data; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on hypoxia.
``(h) Scientific Assessments of Harmful Algal Blooms.--(1) Not less
than once every 5 years the Task Force shall complete and submit to
Congress a scientific assessment of harmful algal blooms in United
States coastal waters. The first such assessment shall be completed not
later than 24 months after the date of enactment of the Harmful Algal
Bloom and Hypoxia Amendments Act of 2004 and shall consider only marine
harmful algal blooms. All subsequent assessments shall examine both
marine and freshwater harmful algal blooms, including those in the
Great Lakes and upper reaches of estuaries.
``(2) The assessments under this subsection shall--
``(A) examine the causes and ecological consequences, and
economic costs, of harmful algal blooms;
``(B) describe the potential ecological and economic costs and
benefits of possible actions for preventing, controlling, and
mitigating harmful algal blooms;
``(C) evaluate progress made by, and the needs of, Federal
research programs on the causes, characteristics, and impacts of
harmful algal blooms; and
``(D) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to research on harmful algal blooms.
``(i) National Scientific Research, Development, Demonstration, and
Technology Transfer Plan on Reducing Impacts From Harmful Algal
Blooms.--(1) Not later than 12 months after the date of enactment of
the Harmful Algal Bloom and Hypoxia Amendments Act of 2004, the Task
Force shall develop and submit to Congress a plan providing for a
comprehensive and coordinated national research program to develop and
demonstrate prevention, control, and mitigation methods to reduce the
impacts of harmful algal blooms on coastal ecosystems (including the
Great Lakes), public health, and the economy.
``(2) The plan shall--
``(A) establish priorities and guidelines for a competitive,
peer reviewed, merit based interagency research, development,
demonstration, and technology transfer program on methods for the
prevention, control, and mitigation of harmful algal blooms;
``(B) identify ways to improve coordination and to prevent
unnecessary duplication of effort among Federal agencies and
departments with respect to the actions described in paragraph (1);
and
``(C) include to the maximum extent practicable diverse
institutions, including Historically Black Colleges and
Universities and those serving large proportions of Hispanics,
Native Americans, Asian Pacific Americans, and other
underrepresented populations.
``(3) The Secretary of Commerce, in conjunction with other
appropriate Federal agencies, shall establish a research, development,
demonstration, and technology transfer program that meets the
priorities and guidelines established under paragraph (2)(A). The
Secretary shall ensure, through consultation with Sea Grant Programs,
that the results and findings of the program are communicated to State,
Indian tribe, and local governments, and to the general public.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 605 of such Act is amended--
(1) by striking ``and'' after ``2000,'' in the first sentence
and in the paragraphs (1), (2), (3), and (5);
(2) by inserting ``$23,500,000 for fiscal year 2005,
$24,500,000 for fiscal year 2006, $25,000,000 for fiscal year 2007,
and $25,500,000 for fiscal year 2008,'' after ``2001,'' in the
first sentence;
(3) by inserting ``, and $2,500,000 for each of fiscal years
2005 through 2008'' after ``2001'' in paragraph (1);
(4) by inserting ``, and $6,500,000, of which $1,000,000 shall
be used for the research program described in section 603(f)(2)(B),
for each of fiscal years 2005 through 2008'' after ``2001'' in
paragraph (2);
(5) by striking ``2001'' in paragraph (3) and inserting ``2001,
and $3,000,000 for each of fiscal years 2005 through 2008'';
(6) by striking ``blooms;'' in paragraph (3) and inserting
``blooms and to carry out section 603(d);'';
(7) by striking ``and 2001'' in paragraph (4) and inserting
``2001, and $6,000,000 for each of fiscal years 2005 through
2008'';
(8) by striking ``and'' after the semicolon in paragraph (4);
(9) by striking ``2001'' in paragraph (5) and inserting ``2001,
$4,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006,
$5,500,000 for fiscal year 2007, and $6,000,000 for fiscal year
2008'';
(10) by striking ``Administration.'' in paragraph (5) and
inserting ``Administration; and''; and
(11) by adding at the end the following:
``(6) $1,500,000 for each of fiscal years 2005 through 2008 to
carry out section 603(e).''.
TITLE II--MISCELLANEOUS
SEC. 201. AVAILABILITY OF NOAA REAL PROPERTY ON VIRGINIA KEY,
FLORIDA.
(a) In General.--The Secretary of Commerce may make available to
the University of Miami real property under the administrative
jurisdiction of the National Oceanic and Atmospheric Administration on
Virginia Key, Florida, for development by the University of a Marine
Life Science Center.
(b) Manner of Availability.--The Secretary may make property
available under this section by easement, lease, license, or long-term
agreement with the University.
(c) Authorized Uses by University.--
(1) In general.--Property made available under this section may
be used by the University (subject to paragraph (2)) to develop and
operate facilities for multidisciplinary environmental and
fisheries research, assessment, management, and educational
activities.
(2) Agreement.--Property made available under this section may
not be used by the University (including any affiliate of the
University) except in accordance with an agreement with the
Secretary that--
(A) specifies--
(i) the conditions for non-Federal use of the property;
and
(ii) the retained Federal interests in the property,
including interests in access to and egress from the
property by Federal personnel and preservation of existing
rights-of-way;
(B) establishes conditions for joint occupancy of buildings
and other facilities on the property by the University and
Federal agencies; and
(C) includes provisions that ensure--
(i) that there is no diminishment of existing National
Oceanic and Atmospheric Administration programs and
services at Virginia Key; and
(ii) the availability of the property for planning,
development, and construction of future Federal buildings
and facilities.
(3) Termination of availability.--The availability of property
under this section shall terminate immediately upon use of the
property by the University--
(A) for any purpose other than as described in paragraph
(1); or
(B) in violation of the agreement under paragraph (2).
(d) Use of Facilities by Secretary.--The Secretary may--
(1) subject to the availability of funding, enter into an
agreement to occupy facilities constructed by the University on
property made available under this section; and
(2) participate with the University in collaborative research
at, or administered through, such facilities.
(e) No Conveyance of Title.--This section shall not be construed to
convey or authorize conveyance of any interest of the United States in
title to property made available under this section.
SEC. 202. CONVEYANCE OF NOAA VESSEL WHITING.
(a) In General.--The Secretary of Commerce shall convey to the
Government of Mexico, without consideration, all right, title, and
interest of the United States in and to the National Oceanic and
Atmospheric Administration vessel WHITING--
(1) for use as a hydrographic survey platform in support of
activities of the United States-Mexico Charting Advisors Committee;
and
(2) to enhance coordination and cooperation between the United
States and Mexico regarding hydrographic surveying and nautical
charting activities in the border waters of both countries in the
Gulf of Mexico and in the Pacific Ocean.
(b) Operation and Maintenance.--The Government of the United States
shall not be responsible or liable for any remediation, maintenance, or
operation of a vessel conveyed under this section after the date of the
delivery of the vessel to the Government of Mexico.
(c) Deadline.--The Secretary shall seek to complete the conveyance
by as soon as practicable after the date of the enactment of this Act.
(d) Delivery of Vessel.--The Secretary shall deliver the vessel
WHITING pursuant to this section at the vessel's homeport location of
Norfolk, Virginia, at no additional cost to the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title I: Harmful Algal Bloom and Hypoxia Amendments Act of 2004 - Harmful Algal Bloom and Hypoxia Amendments Act of 2004 - (Sec. 102) Amends the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 to remove the President's authority to disestablish the Interagency Task Force on Harmful Algal Blooms and Hypoxia. Requires the Task Force, in developing its assessments, reports, and plans, to consult with the coastal States, Indian tribes, local governments, appropriate industries, academic institutions, and nongovernmental organizations with expertise in coastal zone science and management.
(Sec. 103) Directs the President, in consultation with the chief executive officers of the States and other specified entities, to develop and submit to Congress a report that describes and evaluates the effectiveness of measures that may be utilized to protect the environment and public health from the impacts of harmful algal blooms. Requires a period of public comment prior to submission of the report.
(Sec. 104) Requires the Secretary of Commerce (Secretary) to provide for local and regional scientific assessments of hypoxia and harmful algal blooms, as requested by States, Indian tribes, and local governments, or for affected areas as identified by the Secretary.
Directs the Task Force to complete and submit to Congress scientific assessments of: (1) current knowledge about harmful algal blooms in freshwater, including a research plan for coordinating Federal efforts to better understand freshwater algal blooms; (2) hypoxia in U.S. coastal waters including the Great Lakes; and (3) harmful algal blooms in U.S. coastal waters.
Requires the Task Force to develop and submit to Congress a plan providing for a comprehensive and coordinated national research program to develop and demonstrate prevention, control, and mitigation methods to reduce the impacts of harmful algal blooms on coastal ecosystems (including the Great Lakes), public health, and the economy.
(Sec. 105) Authorizes appropriations.
Title II: Miscellaneous - (Sec. 201) Authorizes the Secretary to make available to the University of Miami, by easement, lease, license, or long-term agreement, real property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration (NOAA) on Virginia Key, Florida, for development by the University of a Marine Life Science Center.
Authorizes the use of such property by the University for the development and operation of facilities for multidisciplinary environmental and fisheries research, assessment, management, and educational activities, subject to agreement with the Secretary.
Authorizes the Secretary to enter into an agreement to occupy facilities constructed by the University on such property and to participate with the University in collaborative research at, or administered through, such facilities.
(Sec. 202) Authorizes the Secretary to convey to the Government of Mexico, without consideration, all right, title, and interest of the United States in and to the NOAA vessel WHITING: (1) for use as a hydrographic survey platform in support of activities of the U.S.-Mexico Charting Advisors Committee; and (2) to enhance coordination between the United States and Mexico regarding hydrographic surveying and nautical charting activities in the border waters of both countries in the Gulf of Mexico and the Pacific Ocean. | {"src": "billsum_train", "title": "A bill to reauthorize the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998, and for other purposes."} | 3,423 | 726 | 0.775831 | 2.817733 | 0.921008 | 6.041186 | 5.258649 | 0.960461 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Quality Improvement Act''.
SEC. 2. MEDICARE HEALTH CARE QUALITY DEMONSTRATION PROGRAMS.
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by inserting after section 1866B the following:
``health care quality demonstration program
``Sec. 1866C. (a) Definitions.--In this section:
``(1) Beneficiary.--The term `beneficiary' means a
beneficiary who is enrolled in the traditional fee-for-service
program under parts A and B or a beneficiary in a staff model
or dedicated group model health maintenance organization under
the Medicare+Choice program under part C.
``(2) Health care group.--
``(A) In general.--The term `health care group'
means--
``(i) a group of physicians that is
organized at least in part for the purpose of
providing physician's services under this
title;
``(ii) an integrated health care delivery
system that delivers care through coordinated
hospitals, clinics, home health agencies,
ambulatory surgery centers, skilled nursing
facilities, and employed or contracted
physicians; or
``(iii) an organization representing
regional coalitions of groups or systems
described in clause (i) or (ii).
``(B) Inclusion.--As the Secretary determines
appropriate, a health care group may include a hospital
or any other individual or entity furnishing items or
services for which payment may be made under this title
that is affiliated with the health care group under an
arrangement structured so that such individual or
entity participates in a demonstration project under
this section.
``(3) Physician.--Except as otherwise provided for by the
Secretary, the term `physician' means any individual who
furnishes services that may be paid for as physicians' services
under this title.
``(b) Demonstration Projects.--The Secretary shall establish a 5-
year demonstration program under which the Secretary shall approve
demonstration projects that examine health delivery factors that
encourage the delivery of improved quality in patient care, including--
``(1) the provision of incentives to improve the safety of
care provided to beneficiaries;
``(2) the appropriate use of best practice guidelines by
providers and services by beneficiaries;
``(3) reduced scientific uncertainty in the delivery of
care through the examination of variations in the utilization
and allocation of services, and outcomes measurement and
research;
``(4) encourage shared decision-making between providers
and patients;
``(5) the provision of incentives for improving the quality
and safety of care and achieving the efficient allocation of
resources;
``(6) the appropriate use of culturally and ethnically
sensitive health care delivery; and
``(7) the financial effects on the health care marketplace
of altering the incentives for care delivery and changing the
allocation of resources.
``(c) Administration by Contract.--
``(1) In general.--Except as otherwise provided in this
section, the Secretary may administer the demonstration program
established under this section in the same manner as a
demonstration program established under section 1866A is
administered in accordance with section 1866B.
``(2) Alternative payment systems.--A health care group
that receives assistance under this section may, with respect
to the demonstration project to be carried out with such
assistance, include proposals for the use of alternative
payment systems for items and services provided to
beneficiaries by the group that are designed to--
``(A) encourage the delivery of high quality care
while accomplishing the objectives described in
subsection (b); and
``(B) streamline documentation and reporting
requirements otherwise required under this title.
``(3) Benefits.--A health care group that receives
assistance under this section may, with respect to the
demonstration project to be carried out with such assistance,
include modifications to the package of benefits available
under the traditional fee-for-service program under parts A and
B or the package of benefits available through a staff model or
a dedicated group model health maintenance organization under
part C. The criteria employed under the demonstration program
under this section to evaluate outcomes and determine best
practice guidelines and incentives shall not be used as a basis
for the denial of medicare benefits under the demonstration
program to patients against their wishes (or if the patient is
incompetent, against the wishes of the patient's surrogate) on
the basis of the patient's age or expected length of life or
of the patient's present or predicted disability, degree of medical
dependency, or quality of life.
``(d) Eligibility Criteria.--To be eligible to receive assistance
under this section, an entity shall--
``(1) be a health care group;
``(2) meet quality standards established by the Secretary,
including--
``(A) the implementation of continuous quality
improvement mechanisms that are aimed at integrating
community-based support services, primary care, and
referral care;
``(B) the implementation of activities to increase
the delivery of effective care to beneficiaries;
``(C) encouraging patient participation in
preference-based decisions;
``(D) the implementation of activities to encourage
the coordination and integration of medical service
delivery; and
``(E) the implementation of activities to measure
and document the financial impact of altering the
incentives of health care delivery and changing the
allocation of resources, on the health care
marketplace; and
``(3) meet such other requirements as the Secretary may
establish.
``(e) Waiver Authority.--The Secretary may waive such requirements
of titles XI and XVIII as may be necessary to carry out the purposes of
the demonstration program established under this section.
``(f) Budget Neutrality.--With respect to the 5-year period of the
demonstration program under subsection (b), the aggregate expenditures
under this title for such period shall not exceed the aggregate
expenditures that would have been expended under this title if the
program established under this section had not been implemented.
``(g) Notice Requirements.--In the case of an individual that
receives health care items or services under a demonstration program
carried out under this section, the Secretary shall ensure that such
individual is notified of any waivers of coverage or payment rules that
are applicable to such individual under this title as a result of the
participation of the individual in such program.
``(h) Participation and Support by Federal Agencies.--In carrying
out the demonstration program under this section, the Secretary may
direct--
``(1) the Director of the National Institutes of Health to
expand the efforts of the Institutes to evaluate current
medical technologies and improve the foundation for evidence-
based practice;
``(2) the Administrator of the Agency for Healthcare
Research and Quality to, where possible and appropriate, use
the program under this section as a laboratory for the study of
quality improvement strategies and to evaluate, monitor, and
disseminate information relevant to such program; and
``(3) the Administrator of the Centers for Medicare &
Medicaid Services to support linkages of relevant medicare data
to registry information from participating health care groups
for the beneficiary populations served by the participating
groups, for analysis supporting the purposes of the
demonstration program, consistent with the applicable
provisions of the Health Insurance Portability and
Accountability Act.
``(i) National Steering Committee for Medicare Quality and Safety
Demonstration Programs.--
``(1) Establishment.--The Secretary shall establish within
the Department of Health and Human Services a national steering
committee for medical excellence demonstration programs to
carry out the duties described in paragraph (3).
``(2) Membership.--The membership of the steering committee
established under paragraph (1) shall be appointed by the
Secretary and shall include--
``(A) at least 1 representative from--
``(i) the Assistant Secretary for Planning
and Evaluation;
``(ii) the Agency for Healthcare Research
and Quality;
``(iii) the National Institutes of Health;
and
``(iv) the Centers for Medicare & Medicaid
Services;
``(B) a nationally recognized leader from the field
of health care quality improvement;
``(C) an employer that provides employer-based
health care;
``(D) a health care consumer;
``(E) a representative from the disability
community;
``(F) at least 2 health care providers; and
``(G) an expert in quality of health care
monitoring or in the evaluation of patient safety
standards.
``(3) Duties.--The steering committee shall make
recommendations to the Secretary regarding the design,
evaluation, and participation criteria of the program
established under this section.''. | Medicare Quality Improvement Act - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for a health care quality demonstration program under which the Secretary of Health and Human Services (HHS) shall approve demonstration projects that examine health delivery factors that encourage the delivery of improved quality in patient care. Directs the Secretary to establish within HHS a national steering committee for medical excellence demonstration programs to make recommendations to the Secretary regarding program design, evaluation, and participation criteria. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for the establishment of medicare demonstration programs to improve health care quality."} | 1,860 | 105 | 0.540343 | 1.271765 | 1.022795 | 4.326087 | 19.771739 | 0.934783 |
SECTION 1. LIMITATION OF FOREIGN TRAVEL BY CERTAIN POLITICAL APPOINTEES
DURING POST PRESIDENTIAL ELECTION PERIOD.
(a) In General.--Subchapter I of chapter 57 of title 5, United
States Code, is amended by adding at the end thereof the following new
section:
``Sec. 5710. Limitation of travel of political appointees during
certain post Presidential election periods
``(a) For purposes of this section the term--
``(1) `political appointee' means any individual who
serves--
``(A) in a Senior Executive Service position and is
not a career appointee as defined under section
3132(a)(4);
``(B) in a position under the Executive Schedule
pursuant to subchapter II of chapter 53; or
``(C) in a position of a confidential or policy-
determining character under schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations;
and
``(2) `post Presidential election period' means any period
beginning on the date immediately following the date of the
first Tuesday following the first Monday in November on which
the general election of the President occurs, and ending on the
January 20 following such an election.
``(b) Subject to the provisions of subsection (c), travel by a
political appointee may not be paid for under the provisions of this
subchapter or any other provision of law, if such travel--
``(1) is outside of the United States; and
``(2) occurs during a post Presidential election period
after which the incumbent President shall not return for
another term of office as President.
``(c)(1) The provisions of subsection (b) shall not apply to travel
by the Secretary of State, the Secretary of Defense, the United States
Trade Representative, or political appointees who are accompanying
these individuals on affected travel.
``(2) The President may waive the provisions of subsection (b) with
regard to any travel if the President makes a written determination
that such travel--
``(A) cannot reasonably be postponed until after the post
Presidential election period; and
``(B) is essential to protect or promote vital national
interests.''.
(b) Technical and Conforming Amendments.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5709 the following:
``5710. Limitation of travel of political appointees during certain
post Presidential election periods.''.
SEC. 2. LIMITATION OF FOREIGN TRAVEL BY CERTAIN MEMBERS OF CONGRESS
DURING ELECTION PERIODS.
(a) Limitation.--
(1) In general.--Except as provided in subsection (b), no
funds may be expended for travel by a Member of Congress if
such travel--
(A) is outside of the United States; and
(B) occurs after the date that is 180 days prior to
the end of the term of service or date of retirement of
the Member of Congress.
(2) Date of retirement.--For purposes of this subsection,
the date of retirement is the date on which the Member is to
retire as a Member of Congress, pursuant to a public
announcement by or on behalf of the Member.
(b) Waiver.--
(1) In general.--The Speaker of the House of
Representatives, with respect to Members of the House of
Representatives, and the President pro tempore of the Senate,
with respect to Members of the Senate, may waive the
prohibition on travel under this section if the travel is
determined to be in the interest of the House of
Representatives or the Senate, respectively, and the United
States.
(2) Statement.--
(A) In general.--Except as provided in subparagraph
(B) and if a waiver is granted under this subsection, a
statement of the waiver shall be printed in the
Congressional Record as soon as practicable and shall
include a detailed description of the travel involved,
the purpose of travel, and an estimate of the costs of
the travel.
(B) Exception.--If the Speaker of the House of
Representatives or the President pro tempore of the
Senate determines that publication of such a statement
would jeopardize national security, or otherwise
compromise vital national interests, no statement is
required.
(c) Definition.--For purposes of this section the term ``Member of
Congress'' includes any Delegate or Resident Commissioner to the
Congress. | Prohibits Federal payment for travel by a political appointee outside of the United States during a post presidential election period after which the incumbent President shall not return for another term of office as President. Provides that such prohibition shall not apply to travel by the Secretaries of State and Defense, the U.S. Trade Representative, or political appointees who are accompanying these individuals on affected travel. Allows the President to waive such prohibition with regard to any travel that: (1) cannot reasonably be postponed until after the post presidential election period; and (2) is essential to protect or promote vital national interests.
Establishes a similar prohibition against travel by a Member of Congress after 180 days before the end of the term of service or date of retirement of such Member. Authorizes the Speaker of the House or the President pro tempore of the Senate to waive such prohibition if such travel is determined to be in the interest of the House or Senate and the United States. Requires publication of a statement of the waiver in the Congressional Record, including a detailed description of the travel, its purpose, and estimated costs, unless the Speaker of the House or the President pro tempore of the Senate determines that publication would jeopardize national security or otherwise compromise vital national interests. | {"src": "billsum_train", "title": "A bill to prohibit foreign travel by outgoing political appointees and Members of Congress, and for other purposes."} | 1,016 | 279 | 0.625252 | 1.850834 | 0.903796 | 4.8107 | 3.736626 | 0.917695 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Budget Commission Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) deteriorating infrastructure and the demand for capital
improvements and investment are at a critical stage;
(2) limited funding is available for maintaining the
existing infrastructure and building new infrastructure;
(3) there is increased interest in capital budgeting and
alternative financing options given present and future budget
constraints; and
(4) there is a need for evaluating what is to be included
in a capital budget.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Capital Budget
Commission (hereinafter in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
(a) Study.--The Commission shall study capital budgeting and
evaluate what should be included in a capital budget for the United
States Government. The Commission shall focus on investments that
sustain growth and establish a process which encourages long-term
investment and how to account for that investment.
(b) Reports.--The Commission shall submit a preliminary and final
report pursuant to section 8, each of which shall contain--
(1) a detailed statement of the findings and conclusions of
the Commission on the matters described in subsection (a); and
(2) specific recommendations with respect to--
(A) ways in which the Congress would implement
capital budgeting for the United States Government;
(B) prioritizing what should be included in a
capital budget and establishing a method or formula to
determine how to account for those items; and
(C) possible changes in the executive and
legislative branches which would facilitate the
implementation of a capital budget.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members, to be appointed not later than 30 days after the date of the
enactment of this Act, as follows:
(1) 3 members appointed by the President.
(2) 3 members, 1 of whom shall be a Senator, appointed by
the President pro tempore of the Senate from among the
recommendations made by the majority leader of the Senate.
(3) 3 members, 1 of whom shall be a Senator, appointed by
the President pro tempore of the Senate from among the
recommendations made by the minority leader of the Senate.
(4) 3 members, 2 of whom shall be Members of the House of
Representatives, appointed by the Speaker of the House of
Representatives.
(5) 3 members, 2 of whom shall be Members of the House of
Representatives, appointed by the minority leader of the House
of Representatives.
(b) Additional Qualifications.--The Commission members (not
including the Members of Congress) shall be chosen from among
individuals who are knowledgable about capital budgeting by virtue of
their education and experience as demonstrated in their professional
careers.
(c) Continuation of Membership.--If a member was appointed to the
Commission as a Member of Congress and the member ceases to be a Member
of Congress, that member may continue as a member for not longer than
the 60-day period beginning on the date that member ceases to be a
Member of Congress.
(d) Terms.--
(1) In general.--Each member of the Commission shall be
appointed for the life of the Commission.
(2) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
each member of the Commission shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(f) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(g) Chairperson.--The Chairperson of the Commission shall be
elected by a majority of the members.
(h) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chairperson. The Director shall be paid at a rate not
to exceed the maximum rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(b) Staff.--Subject to rules prescribed by the Commission, the
Chairperson may appoint and fix the pay of additional personnel as the
Chairperson considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates, except that
an individual so appointed may not receive pay in excess of the annual
rate of basic pay payable for level IV of the Executive Schedule under
section 5315 of the title 5, United States Code.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum annual
rate of basic pay payable for GS-18 of the General Schedule.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairperson of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 8. REPORTS.
(a) Preliminary Report.--The Commission shall submit to the
President and the Congress a preliminary report not later than 12
months after the date on which all the members of the Commission have
been appointed.
(b) Final Report.--The Commission shall submit a final report to
the President and the Congress not later than 18 months after the date
on which all the members of the Commission have been appointed.
SEC. 9. TERMINATION.
The Commission shall terminate 30 days after submitting its final
report pursuant to section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Amounts shall be made available to carry out this Act only to the
extent such amounts are made available in advance in appropriations
Acts. | Capital Budget Commission Act of 1994 - Establishes the Capital Budget Commission to study and report to the Congress on capital budgeting, including an evaluation of what should be included in a capital budget for the Federal Government. Requires the Commission to: (1) focus on growth-sustaining investments; and (2) establish a process encouraging long-term investment.
Authorizes appropriations. | {"src": "billsum_train", "title": "Capital Budget Commission Act of 1994"} | 1,701 | 81 | 0.654007 | 1.500241 | 1.10047 | 3.135135 | 21.054054 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivors of Military Sexual Assault
and Domestic Abuse Act of 2013''.
SEC. 2. PROVISION OF COUNSELING AND TREATMENT FOR SEXUAL TRAUMA BY THE
DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED
FORCES.
(a) Expansion of Coverage to Members of the Armed Forces.--
Subsection (a) of section 1720D of title 38, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2)(A) In operating the program required by paragraph (1), the
Secretary may, in consultation with the Secretary of Defense, provide
counseling and care and services to members of the Armed Forces
(including members of the National Guard and Reserves) on active duty
to overcome psychological trauma described in that paragraph.
``(B) A member described in subparagraph (A) shall not be required
to obtain a referral before receiving counseling and care and services
under this paragraph.''; and
(3) in paragraph (3), as redesignated by paragraph (1)--
(A) by striking ``a veteran'' and inserting ``an
individual''; and
(B) by striking ``that veteran'' each place it
appears and inserting ``that individual''.
(b) Information to Members on Availability of Counseling and
Services.--Subsection (c) of such section is amended--
(1) by striking ``to veterans'' each place it appears; and
(2) in paragraph (3), by inserting ``members of the Armed
Forces and'' before ``individuals''.
(c) Inclusion of Members in Reports on Counseling and Services.--
Subsection (e) of such section is amended--
(1) in the matter preceding paragraph (1), by striking ``to
veterans'';
(2) in paragraph (2)--
(A) by striking ``women veterans'' and inserting
``individuals''; and
(B) by striking ``training under subsection (d).''
and inserting ``training under subsection (d),
disaggregated by--
``(A) veterans;
``(B) members of the Armed Forces (including
members of the National Guard and Reserves) on active
duty; and
``(C) for each of subparagraphs (A) and (B)--
``(i) men; and
``(ii) women.'';
(3) in paragraph (4), by striking ``veterans'' and
inserting ``individuals''; and
(4) in paragraph (5)--
(A) by striking ``women veterans'' and inserting
``individuals''; and
(B) by inserting ``, including specific
recommendations for individuals specified in
subparagraphs (A), (B), and (C) of paragraph (2)''
before the period at the end.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS SCREENING MECHANISM TO DETECT
INCIDENTS OF DOMESTIC ABUSE.
(a) In General.--Not later than 540 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall develop
and implement a screening mechanism to be used when a veteran seeks
healthcare services from the Department of Veterans Affairs to detect
if the veteran has been a victim of domestic abuse for purposes of
improving the treatment of the veteran and assessing the prevalence of
domestic abuse in the veteran population.
(b) Domestic Abuse Defined.--In this section, the term ``domestic
abuse'' means behavior with respect to an individual that--
(1) constitutes--
(A) a pattern of behavior resulting in physical or
emotional abuse, economic control, or interference with
the personal liberty of that individual;
(B) a violation of Federal or State law involving
the use, attempted use, or threatened use of force or
violence against that individual; or
(C) a violation of a lawful order issued for the
protection of that individual; and
(2) is committed by a person who--
(A) is a current or former spouse or domestic
partner of that individual;
(B) shares a child in common with that individual;
(C) is a current or former intimate partner of that
individual that shares or has shared a common domicile
with that individual;
(D) is a caregiver of that individual as defined in
section 1720G(d) of title 38, United States Code; or
(E) is in any other type of relationship with that
individual that the Secretary may specify for purposes
of this section.
SEC. 4. REPORTS ON MILITARY SEXUAL TRAUMA AND DOMESTIC ABUSE.
(a) Report on Services Available for Military Sexual Trauma in the
Department of Veterans Affairs.--Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
on the treatment and services available from the Department of Veterans
Affairs for male veterans who experience military sexual trauma
compared to such treatment and services available to female veterans
who experience military sexual trauma.
(b) Report on Domestic Abuse Among Veterans.--The Secretary shall
include with the report submitted under subsection (a) a report on
domestic abuse among veterans that includes the following:
(1) A summary of the types, outcomes, and circumstances of
incidents of domestic abuse that have been reported by veterans
during the two-year period preceding the submission of the
report.
(2) A summary of the treatments available from the
Department for veterans who experience domestic abuse and an
assessment of the effectiveness of those treatments.
(3) Whether an incident of military sexual trauma or sexual
trauma experienced after the age of 18 may increase the risk of
domestic abuse.
(4) Any other issues that the Secretary determines
appropriate.
(c) Reports on Transition of Military Sexual Trauma and Domestic
Abuse Treatment From Department of Defense to Department of Veterans
Affairs.--Not later than one year after the date of the enactment of
this Act, and annually thereafter for five years, the Department of
Veterans Affairs-Department of Defense Joint Executive Committee
established by section 320(a) of title 38, United States Code, shall
submit to the appropriate committees of Congress a report on military
sexual trauma and domestic abuse that includes the following:
(1) The processes and procedures utilized by the Department
of Veterans Affairs and the Department of Defense to facilitate
transition of treatment of individuals who have experienced
military sexual trauma or domestic abuse from treatment
provided by the Department of Defense to treatment provided by
the Department of Veterans Affairs.
(2) A description and assessment of the collaboration
between the Department of Veterans Affairs and the Department
of Defense in assisting veterans in filing claims for
disabilities related to military sexual trauma or domestic
abuse, including permitting veterans access to information and
evidence necessary to develop or support such claims.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the
Committee on Armed Services of the Senate; and
(B) the Committee on Veterans' Affairs and the
Committee on Armed Services of the House of
Representatives.
(2) Domestic abuse.--The term ``domestic abuse'' has the
meaning given that term in section 3(b) of this Act.
(3) Military sexual trauma.--The term ``military sexual
trauma'' means psychological trauma, which in the judgment of a
mental health professional employed by the Department, resulted
from a physical assault of a sexual nature, battery of a sexual
nature, or sexual harassment which occurred while the veteran
was serving on active duty or active duty for training.
(4) Sexual harassment.--The term ``sexual harassment''
means repeated, unsolicited verbal or physical contact of a
sexual nature which is threatening in character.
(5) Sexual trauma.--The term ``sexual trauma'' shall have
the meaning given that term by the Secretary of Veterans
Affairs for purposes of this section. | Survivors of Military Sexual Assault and Domestic Abuse Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to provide counseling and care and services for sexual trauma to active-duty members of the Armed Forces. (Under current law, such services are provided only to veterans.) Prohibits such a member from being required to obtain a referral before receiving such services. Directs the Secretary to develop and implement a screening mechanism to be used when a veteran seeks VA health care services to detect if such veteran has been a victim of domestic abuse in order to improve such treatment and assess the prevalence of such abuse in the veteran population. Requires the Secretary to report to the congressional veterans committees on treatment and services available from the VA for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience such trauma. Directs the Department of Veterans Affairs-Department of Defense Joint Executive Committee, annually for a six-year period, to report to the defense and appropriations committees on the transition from the Department of Defense (DOD) to the VA of treatment of individuals who have experienced military sexual trauma or domestic abuse. | {"src": "billsum_train", "title": "Survivors of Military Sexual Assault and Domestic Abuse Act of 2013"} | 1,803 | 257 | 0.589586 | 1.477065 | 0.838117 | 4.21267 | 7.683258 | 0.918552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Buyback Act of 1999''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) subject to section 8411(i), service as a temporary or
intermittent employee not otherwise creditable for purposes of
this chapter, performed after December 31, 1988, and before
January 1, 1999, of at least 1 year's duration (whether
performed over a continuous period or otherwise), but only if
the individual performing such service later becomes subject to
this chapter, and such service is not credited for purposes of
any benefit under any other retirement system established by a
law of the United States (disregarding the Social Security Act
and chapter 83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(i)(1) An employee or Member shall, with respect to any service
described in subsection (b)(5) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 1999, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(5) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(5) of title 5, United States Code, as amended by this Act,
which was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 2001, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(5) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(i) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(i). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from any department, agency, or other
instrumentality of the United States any information in the possession
of such instrumentality which may be necessary to verify the
entitlement of such individual to have any service credited under
section 8411(b)(5) of title 5, United States Code, as amended by this
Act, or to have an annuity recomputed under section 3(c).
(c) Information.--Any department, agency, or other instrumentality
of the United States which possesses any information with respect to an
individual's performance of any service described in such section
8411(b)(5) shall, at the request of the Office, furnish such
information to the Office. | Sets forth provisions relating to persons who have separated from Government service. | {"src": "billsum_train", "title": "FERS Buyback Act of 1999"} | 1,117 | 16 | 0.292462 | 0.730866 | -0.879653 | 4.384615 | 79.076923 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Education Aid Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pharmacists are an important link in our Nation's
health care system. A critical shortage of pharmacists is
threatening the ability of pharmacies to continue to provide
important prescription related services.
(2) In the landmark report entitled ``To Err is Human:
Building a Safer Health System'', the Institute of Medicine
reported that medication errors can be partially attributed to
factors that are indicative of a shortage of pharmacists (such
as too many customers, numerous distractions, and staff
shortages).
(3) Congress acknowledged in the Healthcare Research and
Quality Act of 1999 (Public Law 106-129) a growing demand for
pharmacists by requiring the Secretary of Health and Human
Services to conduct a study to determine whether there is a
shortage of pharmacists in the United States and, if so, to
what extent.
(4) As a result of Congress' concern about how a shortage
of pharmacists would impact the public health, the Secretary of
Health and Human Services published a report entitled ``The
Pharmacist Workforce: A Study in Supply and Demand for
Pharmacists'' in December of 2000.
(5) ``The Pharmacist Workforce: A Study in Supply and
Demand for Pharmacists'' found that ``While the overall supply
of pharmacists has increased in the past decade, there has been
an unprecedented demand for pharmacists and for pharmaceutical
care services, which has not been met by the currently
available supply'' and that the ``evidence clearly indicates
the emergence of a shortage of pharmacists over the past two
years''.
(6) The same study also found that ``The most striking
evidence of a pharmacist shortage stems from demonstrably
increased vacancy rates, difficulties in hiring, and
unprecedented increases in the volume and range of activities
demanded of today's pharmacist.''
(7) The study found that ``The factors causing the current
shortage are of a nature not likely to abate in the near future
without fundamental changes in pharmacy practice and
education.'' The study projects that the number of
prescriptions filled by community pharmacists will increase by
20 percent by 2004. In contrast, the number of community
pharmacists is expected to increase by only 6 percent by 2005.
(8) Regarding access to pharmacy services in rural areas,
the study found that ``Remoteness, isolation from other
professionals, lower economic returns, reduced opportunities
for advancement, and other rural practice characteristics
remain obstacles'' to attracting pharmacists.
(9) In June 2002, the American Hospital Association's
Commission on Workforce for Hospitals and Health Systems
released a report entitled ``In Our Hands: How Hospital Leaders
Can Build A Thriving Workforce''. The report included a finding
that 46 percent of our Nation's hospitals are experiencing a
shortage of pharmacists, with hospitals averaging a vacancy
rate for pharmacists of 12.7 percent.
(10) The demand for pharmacists will increase as
prescription drug use continues to grow.
SEC. 3. HEALTH PROFESSIONS PROGRAMS RELATED TO THE PRACTICE OF
PHARMACY.
Part E of title VII of the Public Health Service Act (42 U.S.C.
294n et seq.) is amended by adding at the end the following:
``Subpart 3--Pharmacy Workforce Development
``SEC. 781. LOAN REPAYMENT PROGRAM FOR PHARMACISTS SERVING IN CRITICAL
SHORTAGE FACILITIES.
``(a) In General.--In the case of any individual--
``(1) who has received a baccalaureate degree in pharmacy
or a Doctor of Pharmacy degree from an accredited program;
``(2) who obtained an educational loan for pharmacy
education costs; and
``(3) who is licensed without restrictions in the State in
which the designated health care facility is located;
the Secretary may enter into an agreement with such individual who
agrees to serve as a full-time pharmacist for a period of not less than
2 years at a designated health care facility, to make payments in
accordance with subsection (b), for and on behalf of that individual,
on the principal of and interest on any loan of that individual
described in paragraph (2) which is outstanding on the date the
individual begins such service.
``(b) Manner of Payments.--
``(1) In general.--The payments described in subsection (a)
may consist of payment, in accordance with paragraph (2), on
behalf of the individual of the principal, interest, and
related expenses on government and commercial loans received by
the individual regarding the undergraduate or graduate education of the
individual (or both), which loans were made for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the individual; or
``(C) reasonable living expenses as determined by
the Secretary.
``(2) Payments for years served.--
``(A) In general.--For each year of obligated
service that an individual contracts to serve under
subsection (a) the Secretary may pay up to $35,000 on
behalf of the individual for loans described in
paragraph (1). In making a determination of the amount
to pay for a year of such service by an individual, the
Secretary shall consider the extent to which each such
determination--
``(i) affects the ability of the Secretary
to maximize the number of agreements that may
be provided under this section from the amounts
appropriated for such agreements;
``(ii) provides an incentive to serve in
areas with the greatest shortages of
pharmacists; and
``(iii) provides an incentive with respect
to the pharmacist involved remaining in the
area and continuing to provide pharmacy
services after the completion of the period of
obligated service under agreement.
``(B) Repayment schedule.--Any arrangement made by
the Secretary for the making of loan repayments in
accordance with this subsection shall provide that any
repayments for a year of obligated service shall be
made not later than the end of the fiscal year in which
the individual completes such year of service.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual--
``(A) the Secretary shall, in addition to such
payments, make payments to the individual in an amount
equal to 39 percent of the total amount of loan
repayments made for the taxable year involved; and
``(B) may make such additional payments as the
Secretary determines to be appropriate with respect to
such purpose.
``(4) Payment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are
made under this section to establish a schedule for the making
of such payments.
``(c) Preferences.--In entering into agreements under subsection
(a), the Secretary shall give preference to qualified applicants with
the greatest financial need.
``(d) Reports.--
``(1) Annual report.--Not later than 18 months after the
date of enactment of the Pharmacy Education Aid Act of 2003,
and annually thereafter, the Secretary shall prepare and submit
to Congress a report describing the program carried out under
this section, including statements regarding--
``(A) the number of applicants and contract
recipients;
``(B) the amount of loan repayments made;
``(C) which educational institution the recipients
attended;
``(D) the number and practice locations of the loan
repayment recipients at health care facilities with a
critical shortage of pharmacists;
``(E) the default rate and actions required;
``(F) the amount of outstanding default funds of
the loan repayment program;
``(G) to the extent that it can be determined, the
reason for the default;
``(H) the demographics of the individuals
participating in the loan repayment program; and
``(I) an evaluation of the overall costs and
benefits of the program.
``(2) 5-year report.--Not later than 5 years after the date
of enactment of the Pharmacy Education Aid Act of 2003, the
Secretary shall prepare and submit to Congress a report on how
the program carried out under this section interacts with other
Federal loan repayment programs for pharmacists and determining
the relative effectiveness of such programs in increasing
pharmacists practicing in underserved areas.
``(e) Application of Certain Provisions.--
``(1) In general.--The provisions of section 338C, 338G,
and 338I shall apply to the program established under this
section in the same manner and to the same extent as such
provisions apply to the National Health Service Corps Loan
Repayment Program under subpart III of part D of title III,
including the applicability of provisions regarding
reimbursements for increased tax liability and bankruptcy.
``(2) Breach of agreement.--An individual who enters into
an agreement under subsection (a) shall be liable to the
Federal Government for the amount of the award under such
agreement (including amounts provided for expenses related to
such attendance), and for interest on such amount at the
maximum legal prevailing rate, if the individual fails to
provide health services in accordance with the program under
this section for the period of time applicable under the
program.
``(3) Waiver or suspension of liability.--In the case of an
individual or health facility making an agreement for purposes
of subsection (a), the Secretary shall provide for the waiver
or suspension of liability under paragraph (2) if compliance by
the individual or the health facility, as the case may be, with
the agreement involved is impossible, or would involve extreme
hardship to the individual or facility, and if enforcement of
the agreements with respect to the individual or facility would be
unconscionable.
``(4) Date certain for recovery.--Subject to paragraph (3),
any amount that the Federal Government is entitled to recover
under paragraph (2) 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.
``(5) Availability.--Amounts recovered under paragraph (2)
with respect to a program under this section shall be available
for the purposes of such program, and shall remain available
for such purposes until expended.
``(f) Definition.--In this section, the term `health care facility'
means a facility with a critical shortage of pharmacists as determined
by the Secretary.
``(g) Authorization of Appropriations.--For the purpose of payments
under agreements entered into under subsection (a), there are
authorized to be appropriated such sums as may be necessary for each of
fiscal years 2004 through 2008.
``SEC. 782. PHARMACY FACULTY LOAN REPAYMENT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
program under which the Secretary will enter into contracts with
individuals described in subsection (b) and such individuals will agree
to serve as faculty members of schools of pharmacy in consideration of
the Federal Government agreeing to pay, for each year of such service,
not more than $35,000 of the principal and interest of the educational
loans of such individuals.
``(b) Eligible Individuals.--An individual is described in this
subsection if such individual--
``(1) has a baccalaureate degree in pharmacy or a Doctor of
Pharmacy degree from an accredited program; or
``(2) is enrolled as a full-time student--
``(A) in an accredited pharmacy program; and
``(B) in the final year of a course of a study or
program, offered by such institution and approved by
the Secretary, leading to a baccalaureate degree in
pharmacy or a Doctor of Pharmacy degree from such a
school.
``(c) Requirements Regarding Faculty Positions.--The Secretary may
not enter into a contract under subsection (a) unless--
``(1) the individual involved has entered into a contract
with a school of pharmacy to serve as a member of the faculty
of the school for not less than 2 years; and
``(2) the contract referred to in paragraph (1) provides
that--
``(A) the school will, for each year for which the
individual will serve as a member of the faculty under
contract with the school, make payments of the
principal and interest due on the educational loans of
the individual for such year in an amount equal to the
amount of such payments made by the Secretary for the
year;
``(B) the payments made by the school pursuant to
subparagraph (A) on behalf of the individual will be in
addition to the compensation that the individual would
otherwise receive for serving as a member of such
faculty; and
``(C) the school, in making a determination of the
amount of compensation to be provided by the school to
the individual for serving as a member of the faculty,
will make the determination without regard to the
amount of payments made (or to be made) to the
individual by the Federal Government under subsection
(a).
``(d) Applicability of Certain Provisions.--The provisions of
sections 338C, 338G, and 338I shall apply to the program established in
subsection (a) to the same extent and in the same manner as such
provisions apply to the National Health Service Corps Loan Repayment
Program established in subpart III of part D of title III, including
the applicability of provisions regarding reimbursements for increased
tax liability and regarding bankruptcy.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2004 through 2008.
``SEC. 783. DEFINITIONS.
``In this subpart:
``(1) School of pharmacy.--The term `school of pharmacy'
means a college or school of pharmacy (as defined in section
799B) that, in providing clinical experience for students,
requires that the students serve in a clinical rotation in
which pharmacist services are provided at or for--
``(A) a medical facility that serves a substantial
number of individuals who reside in or are members of a
medically underserved community (as so defined);
``(B) an entity described in any of subparagraphs
(A) through (L) of section 340B(a)(4) (relating to the
definition of covered entity);
``(C) a health care facility of the Department of
Veterans Affairs or of any of the Armed Forces of the
United States;
``(D) a health care facility of the Bureau of
Prisons;
``(E) a health care facility operated by, or with
funds received from, the Indian Health Service; or
``(F) a disproportionate share hospital under
section 1923 of the Social Security Act.
``(2) Pharmacist services.--The term `pharmacist services'
includes drug therapy management services furnished by a
pharmacist, individually or on behalf of a pharmacy provider,
and such services and supplies furnished incident to the
pharmacist's drug therapy management services, that the
pharmacist is legally authorized to perform (in the State in
which the individual performs such services) in accordance with
State law (or the State regulatory mechanism provided for by
State law).''. | Pharmacy Education Aid Act of 2003 - Amends the Public Health Service Act to permit payments of up to $35,000 on behalf of a qualifying individual with a pharmacy degree for the repayment of pharmacy education loans for each year (two-year minimum) that such person serves in a health care facility with a critical shortage of pharmacists. Provides for: (1) additional tax liability payments; (2) financial need preference; and (3) Federal repayment for recipient breach of agreement unless otherwise waived.
Directs the Secretary to make payments of up to $35,000 on behalf of a qualifying individual with a pharmacy degree or in the final year of such study for the repayment of pharmacy educational loans for each year (two-year minimum) that such person serves as a faculty member at a school of pharmacy which provides assistance to: (1) medically underserved areas; (2) prisons; (3) veterans or the armed forces; (4) the Indian Health Service; or (5) a disproportionate share hospital under the Social Security Act . | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to health professions programs regarding the practice of pharmacy."} | 3,340 | 214 | 0.464338 | 1.350164 | 0.631302 | 2.679803 | 15.773399 | 0.935961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended
as follows:
(1) By striking ``and'' at the end of each clause.
(2) By striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon.
(3) By adding at the end the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new
sections:
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina, as designated as petitioner number 65 by the
Office of Federal Acknowledgement. All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section, any group of Indians in
Robeson and adjoining counties, North Carolina, whose members are not
enrolled in the Lumbee Tribe of North Carolina as determined under
section 3(c), may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgement of tribal existence.
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as members of a federally recognized tribe. For
the purposes of the delivery of such services, those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Upon verification by the Secretary of the Interior of a
tribal roll under subsection (c), the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs to
provide the services to which members of the Tribe are eligible. The
Secretary of the Interior and the Secretary of Health and Human
Services shall each submit a written statement of such needs to
Congress after the tribal roll is verified.
``(c) For purposes of the delivery of Federal services, the tribal
roll in effect on the date of the enactment of this section shall,
subject to verification by the Secretary of the Interior, define the
service population of the Tribe. The Secretary's verification shall be
limited to confirming compliance with the membership criteria set out
in the Tribe's constitution adopted on November 16, 2001, which
verification shall be completed within 2 years after the date of the
enactment of this section.
``Sec. 4. (a) The Secretary may take land into trust for the Lumbee
Tribe pursuant to this Act. An application to take land located within
Robeson County, North Carolina, into trust under this section shall be
treated by the Secretary as an `on reservation' trust acquisition under
part 151 of title 25, Code of Federal Regulation (or a successor
regulation).
``(b) The tribe may not conduct gaming activities as a matter of
claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
``Sec. 5. (a) The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on, lands located within
the State of North Carolina that are owned by, or held in trust
by the United States for, the Lumbee Tribe of North Carolina,
or any dependent Indian community of the Lumbee Tribe of North
Carolina.
``(b) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in subsection (a) pursuant to an agreement
between the Lumbee Tribe and the State of North Carolina. Such transfer
of jurisdiction may not take effect until 2 years after the effective
date of the agreement.
``(c) The provisions of this section shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``Sec. 6. There are authorized to be appropriated such sums as are
necessary to carry out this Act.''. | Lumbee Recognition Act Extends federal recognition to the Lumbee Tribe of North Carolina, which makes its members eligible for the services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems members of the Tribe residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina to be within the delivery area for such services. Authorizes the Secretary of the Interior to take land into trust for the Tribe. Prohibits the Tribe from conducting gaming activities. Requires North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on North Carolina lands owned by, or held in trust for, the Lumbee Tribe or any dependent Indian community of the Tribe. | {"src": "billsum_train", "title": "Lumbee Recognition Act"} | 1,273 | 175 | 0.585745 | 1.608895 | 0.776682 | 4.948905 | 8.708029 | 0.934307 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boko Haram Terrorist Designation Act
of 2013''.
SEC. 2. SENSE OF CONGRESS ON DESIGNATION OF BOKO HARAM AS A FOREIGN
TERRORIST ORGANIZATION.
(a) Findings.--Congress finds the following:
(1) The Congregation and People of Tradition for
Proselytism and Jihad, or more popularly known under its Hausa
name Boko Haram (``Western education is sinful.''), is a
Nigerian jihadist organization based in the northeastern part
of that country.
(2) Since its founding in 2001, Boko Haram reportedly has
been responsible for the deaths of more than 10,000 persons,
mostly Nigerians. This group has been officially designated by
the Government of the Federal Republic of Nigeria as a
terrorist organization, along with another group--Jama'atu
Ansarul Muslimina Fi Biladis Sudan--under section 2 of
Nigeria's Terrorism Prevention Act of 2011 (as amended).
(3) Boko Haram claimed responsibility for the August 26,
2011, bombing of the United Nations Building in Abuja in which
21 persons were killed and another 60 were injured.
(4) In testimony before the Senate Select Committee on
Intelligence on January 31, 2012, Director of National
Intelligence James Clapper said Boko Haram ``is interested in
hitting targets, such as the U.S. Embassy and hotels frequented
by Westerners.''
(5) On February 23, 2012, United States Ambassador to
Nigeria Terrance P. McCulley said that Boko Haram's danger was
expanding and that at least part of the group ``has decided
it's in their interest to attack the international
community.''.
(b) Criteria.--Section 219(a)(1) of the Immigration and Nationality
Act (8 U.S.C. 1189(a)(1)) provides the 3 criteria for the designation
of an organization as a Foreign Terrorist Organization:
(1) The organization must be a foreign organization.
(2) The organization must engage in terrorist activity, as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), or terrorism, as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retain the capability and intent to engage in
terrorist activity or terrorism.
(3) The organization's terrorist activity or terrorism must
threaten the security of United States nationals or the
national security (national defense, foreign relations, or the
economic interests) of the United States.
(c) Sense of Congress.--It is the sense of Congress that--
(1) Boko Haram has met the criteria for designation as a
Foreign Terrorist Organization under section 219 of the
Immigration and Nationality Act (as described in subsection
(b)); and
(2) the Secretary of State, in consultation with the
Attorney General and the Secretary of the Treasury, should
exercise the Secretary of State's statutory authority and
designate Boko Haram as a Foreign Terrorist Organization.
(d) Report.--If the Secretary of State does not designate Boko
Haram as a Foreign Terrorist Organization within 60 days after the date
of the enactment of this Act, the Secretary of State shall submit to
Congress a report that contains the reasons therefor.
SEC. 3. SANCTIONS AGAINST PERSONS WHO KNOWINGLY PROVIDE MATERIAL
SUPPORT OR RESOURCES TO BOKO HARAM OR ITS AFFILIATES,
ASSOCIATED GROUPS, OR AGENTS.
(a) Sanctions.--
(1) In general.--In concert with applicable Nigerian law
regarding Boko Haram or its affiliates, associated groups, or
agents, the President shall subject to all available sanctions
any person in the United States or subject to the jurisdiction
of the United States who knowingly provides material support or
resources to Boko Haram or its affiliates, associated groups,
or agents.
(2) Definition.--In this paragraph, the term ``material
support or resources'' has the meaning given such term in
section 2339A(b)(1) of title 18, United States Code.
(b) Inadmissability and Removal.--
(1) Inadmissability.--Notwithstanding any other provision
of law, the Secretary of State may not issue any visa to, and
the Secretary of Homeland Security shall deny entry to the
United States of, any member or representative of Boko Haram or
its affiliates, associated groups, or agents.
(2) Removal.--In certain circumstances, any alien who is a
member or representative of Boko Haram or its affiliates,
associated groups, or agents shall be removable from the United
States as provided for in sections 212(a)(3)(B)(i)(IV) or (V)
and 237(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)(IV) or (V) and 1227(a)(1)(A)).
(c) Funds.--Any United States financial institution that knowingly
has possession of or control over funds in which Boko Haram or its
affiliates, associated groups, or agents have an interest shall retain
possession of or control over the funds and report the funds to the
Office of Foreign Assets Control of the Department of the Treasury. | Boko Haram Terrorist Designation Act of 2013 - Expresses the sense of Congress that Boko Haram has met the criteria for designation as a foreign terrorist organization, and the Secretary of State should so designate Boko Haram. Provides that if the Secretary does not designate Boko Haram as a foreign terrorist organization within 60 days the Secretary shall submit a report to Congress that contains the reasons therefor. Directs the President, in concert with applicable Nigerian law, to subject to sanctions any person in the United States or subject to U.S. jurisdiction who knowingly provides material support or resources to Boko Haram or its affiliates, associated groups, or agents. Prohibits the Secretary from issuing any visa to, and directs the Secretary of Homeland Security (DHS) to deny U.S. entry to, any member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires under certain circumstances, the removal from the United States of any alien who is a member or representative of Boko Haram or its affiliates, associated groups, or agents. Requires any U.S. financial institution that knowingly has possession of or control over funds in which Boko Haram or its affiliates, associated groups, or agents have an interest to: (1) retain possession of or control over the funds, and (2) report the funds to the Office of Foreign Assets Control of the Department of the Treasury. | {"src": "billsum_train", "title": "Boko Haram Terrorist Designation Act of 2013"} | 1,234 | 316 | 0.510669 | 1.686854 | 0.660995 | 5.926923 | 3.857692 | 0.942308 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Restoring
Confidence Through Smarter Campaigns Act''.
(b) Findings.--Congress finds the following:
(1) The Supreme Court decision in Buckley v. Valeo failed
to recognize that unlimited spending on elections has a
corrosive effect on the electoral process and on public
confidence in the integrity of the electoral process.
(2) Restoring Congress's regulatory power over campaign
expenditures will level the playing field by creating a
realistic opportunity for more Americans to seek Federal office
and by encouraging elections that are more competitive.
(3) Limiting the need for incessant fundraising by Members
of Congress may restore the public's confidence in both the
electoral process and in the accountability of Members to the
constituents who elect them.
SEC. 2. EXPENDITURE LIMITATIONS IN HOUSE ELECTIONS.
(a) Establishment of Limitations.--Section 315 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by adding at
the end the following new subsection:
``(k) Expenditure Limitations in House Elections.--
``(1) Limitations.--
``(A) In general.--A candidate for election for the
office of Representative in, or Delegate or Resident
Commissioner to, the Congress and the authorized
committees of the candidate may not make expenditures
which in the aggregate exceed $500,000 during the
election cycle, of which--
``(i) not more than $250,000 may be
attributable to expenditures made with respect
to a primary election; and
``(ii) not more than $250,000 may be
attributable to expenditures made with respect
to a general election.
``(B) Increase in limitations for runoff
elections.--In the case of a candidate in a runoff
election, the candidate and the authorized committees
of the candidate may make an additional amount of
expenditures which in the aggregate do not exceed
$250,000, of which--
``(i) not more than $125,000 may be
attributable to expenditures made with respect
to a primary runoff election; and
``(ii) not more than $125,000 may be
attributable to expenditures made with respect
to a general runoff election.
``(2) Exclusion of expenditures for legal services.--In
determining the amount of expenditures made for purposes of
this subsection, there shall be excluded any expenditures made
for legal services in connection with the campaign.
``(3) Penalties.--Any candidate who makes expenditures in
an election in excess of the limit applicable to the election
under paragraph (1) shall pay to the Commission a civil money
penalty in an amount determined as follows:
``(A) If the amount of expenditures in excess of
the limit is equal to or less than 2.5 percent of the
amount of the limit, the penalty shall be equal to the
amount of the excess expenditures.
``(B) If the amount of expenditures in excess of
the limit is greater than 2.5 percent but equal to or
less than 5 percent of the amount of the limit, the
penalty shall be equal to 300 percent of the amount of
the excess expenditures.
``(C) If the amount of expenditures in excess of
the limit is greater than 5 percent of the amount of
the limit, the penalty shall be equal to the sum of 300
percent of the amount of the excess expenditures plus
an additional penalty determined by the Commission.''.
(b) Indexing of Amounts.--
(1) Application of indexing.--Section 315(c)(1) of such Act
(2 U.S.C. 441a(c)(1)) is amended--
(A) in subparagraph (B)(i), by striking ``or (h)''
and inserting ``(h), or (k)''; and
(B) in subparagraph (C), by striking ``and (h)''
and inserting ``(h), and (k)''.
(2) Determination of base year.--Section 315(c)(2)(B) of
such Act (2 U.S.C. 441a(c)(2)(B)) is amended--
(A) by striking ``and'' at the end of clause (i);
(B) by striking the period at the end of clause
(ii) and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (k),
calendar year 2011.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after January 1, 2011. | Restoring Confidence Through Smarter Campaigns Act - Amends the Federal Election Campaign Act of 1971 to limit expenditures by candidates for the House of Representatives to $500,000 during the election cycle ($250,000 for a primary election and $250,000 for a general election). Sets at $250,000 the maximum amount of expenditures which may be made for a runoff election ($125,000 for a primary runoff election and $125,000 for a general runoff election). Excludes from such limits expenditures for legal services. Provides for indexing such amounts for inflation. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide for limitations on expenditures in elections for the House of Representatives."} | 1,051 | 124 | 0.601488 | 1.709465 | 0.675899 | 2.1 | 9.29 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Regulating Act of 2000''.
SEC. 2. PURPOSES.
The purposes of this Act are to--
(1) increase the transparency of important regulatory
decisions;
(2) promote effective congressional oversight to ensure
that agency rules fulfill statutory requirements in an
efficient, effective, and fair manner; and
(3) increase the accountability of Congress and the
agencies to the people they serve.
SEC. 3. DEFINITIONS.
In this Act, the term--
(1) ``agency'' has the meaning given such term under
section 3502(1) of title 44, United States Code, except that
such term shall not include an independent regulatory agency,
as that term is defined in section 3502(5) of such title;
(2) ``economically significant rule'' means any proposed or
final rule, including an interim or direct final rule, that may
have an annual effect on the economy of $100,000,000 or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments
or communities, or for which an agency has prepared an initial
or final regulatory flexibility analysis pursuant to section
603 or 604 of title 5, United States Code; and
(3) ``independent evaluation'' means a substantive
evaluation of the agency's data, methodology, and assumptions
used in developing the economically significant rule,
including--
(A) an explanation of how any strengths or
weaknesses in those data, methodology, and assumptions
support or detract from conclusions reached by the
agency; and
(B) the implications, if any, of those strengths or
weaknesses for the rulemaking.
SEC. 4. PILOT PROJECT FOR REPORT ON RULES.
(a) In General.--
(1) Request for review.--When an agency publishes an
economically significant rule, a chairman or ranking member of
a committee of jurisdiction of either House of Congress may
request the Comptroller General of the United States to review
the rule.
(2) Report.--The Comptroller General shall submit a report
on each economically significant rule selected under paragraph
(4) to the committees of jurisdiction in each House of Congress
not later than 180 calendar days after a committee request is
received, or in the case of a committee request for review of a
notice of proposed rulemaking or an interim final rulemaking,
by the end of the period for submission of comment regarding
the rulemaking, if practicable. The report shall include an
independent evaluation of the economically significant rule by
the Comptroller General.
(3) Independent evaluation.--The independent evaluation of
the economically significant rule by the Comptroller General
under paragraph (2) shall include--
(A) an evaluation of an agency's analysis of the
potential benefits of the rule, including any
beneficial effects that cannot be quantified in
monetary terms and the identification of the persons or
entities likely to receive the benefits;
(B) an evaluation of an agency's analysis of the
potential costs of the rule, including any adverse
effects that cannot be quantified in monetary terms and
the identification of the persons or entities likely to
bear the costs;
(C) an evaluation of an agency's analysis of
alternative approaches set forth in the notice of
proposed rulemaking and in the rulemaking record, as
well as of any regulatory impact analysis, federalism
assessment, or other analysis or assessment prepared by
the agency or required for the economically significant
rule; and
(D) a summary of the results of the evaluation of
the Comptroller General and the implications of those
results.
(4) Procedures for priorities of requests.--The Comptroller
General shall have discretion to develop procedures for
determining the priority and number of requests for review
under paragraph (1) for which a report will be submitted under
paragraph (2).
(b) Authority of Comptroller General.--Each agency shall promptly
cooperate with the Comptroller General in carrying out this Act.
Nothing in this Act is intended to expand or limit the authority of the
General Accounting Office.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the General Accounting
Office to carry out this Act $5,200,000 for each of fiscal years 2001
through 2003.
SEC. 6. EFFECTIVE DATE AND DURATION OF PILOT PROJECT.
(a) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act.
(b) Duration of Pilot Project.--The pilot project under this Act
shall continue for a period of 3 years, if in each fiscal year, or
portion thereof included in that period, a specific annual
appropriation not less than $5,200,000 or the pro-rated equivalent
thereof shall have been made for the pilot project.
(c) Report.--Before the conclusion of the 3-year period, the
Comptroller General shall submit to Congress a report reviewing the
effectiveness of the pilot project and recommending whether or not
Congress should permanently authorize the pilot project.
Passed the House of Representatives July 25, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Authorizes appropriations for FY 2001 through 2003.
Provides for the pilot project established under this Act to continue for a three-year period, if specified appropriations are provided. Requires the Comptroller General to report to Congress on such project's effectiveness and on whether it should be authorized permanently. | {"src": "billsum_train", "title": "Truth in Regulating Act of 2000"} | 1,116 | 71 | 0.382913 | 0.9494 | 0.434171 | 1.745455 | 19.309091 | 0.836364 |
SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL
RECOGNITION AS AN INDIAN TRIBE.
(a) Time Period for Proposed Finding.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall
publish a proposed finding with respect to the petition for Federal
recognition of each eligible tribe consistent with part 83 of title 25,
Code of Federal Regulations.
(b) Time Period for Final Determination.--Not later than one year
after the date of the enactment of this Act, the Secretary shall
publish a final determination with respect to the petition for Federal
recognition of each eligible tribe.
(c) Notification; Opt In.--
(1) Notification of tribes.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
notify, in writing, all potentially eligible tribes that they
may opt into the expedited procedure for proposed findings and
final determinations under this Act and of the provisions of
paragraph (2).
(2) Opt in.--If, not later than 90 days after the date of
the enactment of this Act, a potentially eligible tribe
notifies the Secretary, in writing, that the potentially
eligible tribe elects to opt into the expedited procedures
under this Act, the potentially eligible tribe shall be
considered an eligible tribe for the purposes of this Act.
Potentially eligible tribes shall not be considered eligible
tribes for the purposes of this Act if notification is not made
by the potentially eligible tribe in accordance with this
paragraph.
(d) Number of Members not a Factor.--The number of persons listed
on the membership roll contained in a petition for Federal recognition
of an eligible tribe shall not be taken into account in considering the
petition, except that the Secretary may review the eligibility of
individual members or groups listed in a petition in accordance with
the provisions of part 83 of title 25, Code of Federal Regulations.
(e) Effect of Failure to Comply.--If the Secretary fails to publish
a proposed finding required by subsection (a) or a final determination
required by subsection (b) by the end of the time period required for
the proposed finding or final determination by such subsections, the
relevant eligible tribe may seek in the appropriate United States
district court a determination by the court of whether the eligible
tribe should be recognized as an Indian tribe in accordance with the
criteria specified in section 83.7 of title 25, Code of Federal
Regulations. In any such action, the court shall treat such failure by
the Secretary as final agency action.
(f) Review of Adverse Decision.--If the final determination
required by subsection (b) refuses to recognize the eligible tribe as
an Indian tribe, the eligible tribe may seek, during the one-year
period beginning on the date on which the final determination is
published, a review of the determination in the appropriate United
States district court, notwithstanding the availability of other
administrative remedies.
(g) Consideration of Other Petitions.--Until the Secretary has
published a proposed finding with respect to the petition of each
eligible tribe as required under subsection (a), no other petition for
recognition as an Indian tribe may be processed except those listed as
having a status of ``Active'' or ``In Post-Final Decision Appeal
Process'' by the Department of the Interior on July 1, 2004.
(h) No Change in Criteria.--Nothing in this Act shall be construed
to change the criteria established by the Department of the Interior to
determine whether or not a petitioner meets the requirements to be a
federally recognized tribe.
(i) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Eligible tribe.--The term ``eligible tribe'' means a
tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) not later than 90 days after the date of the
enactment of this Act, notifies the Secretary, in
writing, that it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(2) Potentially eligible tribe.--The term ``potentially
eligible tribe'' means a tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) has not notified the Secretary, in writing,
whether or not it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, or a designee of the Secretary. | Requires prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain eligible Indian tribes. Requires the Secretary to publish final determinations with respect to such petitions within one year after enactment of this Act.
Prescribes a procedure for potentially eligible tribes to opt into the expedited procedure for proposed findings and final determinations under this Act. Authorizes such a tribe to seek a recognition determination in the appropriate U.S. district court if the Secretary fails to publish a proposed finding or a final determination by the end of specified time periods. Requires the court, in any such action, to treat such failure by the Secretary as final agency action. Authorizes a tribe also to seek review in such a court of any adverse final determination by the Secretary.
Prohibits the processing of any other petitions for recognition as an Indian tribe until the Secretary has published a proposed finding with respect to the petition of each eligible tribe as required by this Act, except those listed as having a status of "Active" or "In Post-Final Decision Appeal Process" by the Department of the Interior on July 1, 2004.
Declares that nothing in this Act shall be construed to change the criteria established by the Department to determine whether or not a petitioner meets the requirements to be a federally recognized tribe. | {"src": "billsum_train", "title": "To require the prompt review by the Secretary of the Interior of the long-standing petitions for Federal recognition of certain Indian tribes, and for other purposes."} | 1,116 | 301 | 0.668359 | 1.962981 | 0.911848 | 4.243028 | 4.095618 | 0.904382 |
SECTION 1. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS.
(a) Cash Accounting Permitted.--
(1) In general.--Section 446 of the Internal Revenue Code
of 1986 (relating to general rule for methods of accounting) is
amended by adding at the end the following new subsection:
``(g) Certain Small Business Taxpayers Permitted To Use Cash
Accounting Method Without Limitation.--
``(1) In general.--An eligible taxpayer shall not be
required to use an accrual method of accounting for any taxable
year.
``(2) Eligible taxpayer.--For purposes of this subsection,
a taxpayer is an eligible taxpayer with respect to any taxable
year if--
``(A) for all prior taxable years beginning after
December 31, 2003, the taxpayer (or any predecessor)
met the gross receipts test of section 448(c), and
``(B) the taxpayer is not subject to section 447 or
448.''.
(2) Expansion of gross receipts test.--
(A) In general.--Paragraph (3) of section 448(b) of
such Code (relating to entities with gross receipts of
not more than $5,000,000) is amended by striking
``$5,000,000'' in the text and in the heading and
inserting ``$10,000,000''.
(B) Conforming amendments.--Section 448(c) of such
Code is amended--
(i) by striking ``$5,000,000'' each place
it appears in the text and in the heading of
paragraph (1) and inserting ``$10,000,000'',
and
(ii) by adding at the end the following new
paragraph:
``(4) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2005, the dollar amount
contained in subsection (b)(3) and paragraph (1) of this
subsection 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, by substituting `calendar year
2004' for `calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $100,000, such amount shall be
rounded to the nearest multiple of $100,000.''.
(b) Clarification of Inventory Rules for Small Business.--
(1) In general.--Section 471 of the Internal Revenue Code
of 1986 (relating to general rule for inventories) is amended
by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
``(c) Small Business Taxpayers Not Required To Use Inventories.--
``(1) In general.--A qualified taxpayer shall not be
required to use inventories under this section for a taxable
year.
``(2) Treatment of taxpayers not using inventories.--If a
qualified taxpayer does not use inventories with respect to any
property for any taxable year beginning after December 31,
2003, such property shall be treated as a material or supply
which is not incidental.
``(3) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any eligible taxpayer (as defined in section
446(g)(2)), and
``(B) any taxpayer described in section
448(b)(3).''.
(2) Conforming amendments.--
(A) Subpart D of part II of subchapter E of chapter
1 of such Code is amended by striking section 474.
(B) The table of sections for subpart D of part II
of subchapter E of chapter 1 of such Code is amended by
striking the item relating to section 474.
(c) Effective Date and Special Rules.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003.
(2) Change in method of accounting.--In the case of any
taxpayer changing the taxpayer's method of accounting for any
taxable year under the amendments made by this section--
(A) such change shall be treated as initiated by
the taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account over a period (not greater than 4 taxable
years) beginning with such taxable year.
SEC. 2. TRANSFER OF UNEMPLOYMENT EXPERIENCE UPON TRANSFER OR
ACQUISITION OF A BUSINESS.
(a) In General.--Section 303 of the Social Security Act (42 U.S.C.
503) is amended by adding at the end the following:
``(k)(1) For purposes of subsection (a), the unemployment
compensation law of a State must provide--
``(A) that if an employer transfers its business to another
employer, and both employers are (at the time of transfer)
under substantially common ownership, management, or control,
then the unemployment experience attributable to the
transferred business shall also be transferred to (and combined
with the unemployment experience attributable to) the employer
to whom such business is so transferred,
``(B) that unemployment experience shall not, by virtue of
the transfer of a business, be transferred to the person
acquiring such business if--
``(i) such person is not otherwise an employer at
the time of such acquisition, and
``(ii) the State agency finds that such person
acquired the business solely or primarily for the
purpose of obtaining a lower rate of contributions,
``(C) that unemployment experience shall (or shall not) be
transferred in accordance with such regulations as the
Secretary of Labor may prescribe to ensure that higher rates of
contributions are not avoided through the transfer or
acquisition of a business,
``(D) that meaningful civil and criminal penalties are
imposed with respect to--
``(i) persons that knowingly violate or attempt to
violate those provisions of the State law which
implement subparagraph (A) or (B) or regulations under
subparagraph (C), and
``(ii) persons that knowingly advise another person
to violate those provisions of the State law which
implement subparagraph (A) or (B) or regulations under
subparagraph (C), and
``(E) for the establishment of procedures to identify the
transfer or acquisition of a business for purposes of this
subsection.
``(2) For purposes of this subsection--
``(A) the term `unemployment experience', with respect to
any person, refers to such person's experience with respect to
unemployment or other factors bearing a direct relation to such
person's unemployment risk;
``(B) the term `employer' means an employer as defined
under the State law;
``(C) the term `business' means a trade or business (or an
identifiable and segregable part thereof);
``(D) the term `contributions' has the meaning given such
term by section 3306(g) of the Internal Revenue Code of 1986;
``(E) the term `knowingly' means having actual knowledge of
or acting with deliberate ignorance of or reckless disregard
for the prohibition involved; and
``(F) the term `person' has the meaning given such term by
section 7701(a)(1) of the Internal Revenue Code of 1986.''.
(b) Study and Reporting Requirements.--
(1) Study.--The Secretary of Labor shall conduct a study of
the implementation of the provisions of section 303(k) of the
Social Security Act (as added by subsection (a)) to assess the
status and appropriateness of State actions to meet the
requirements of such provisions.
(2) Report.--Not later than July 15, 2006, the Secretary of
Labor shall submit to the Congress a report that contains the
findings of the study required by paragraph (1) and
recommendations for any Congressional action that the Secretary
considers necessary to improve the effectiveness of section
303(k) of the Social Security Act.
(c) Effective Date.--The amendment made by subsection (a) shall,
with respect to a State, apply to certifications for payments (under
section 302(a) of the Social Security Act) in rate years beginning
after the end of the 26-week period beginning on the first day of the
first regularly scheduled session of the State legislature beginning on
or after the date of the enactment of this Act.
(d) Definitions.--For purposes of this section--
(1) the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands;
(2) the term ``rate year'' means the rate year as defined
in the applicable State law; and
(3) the term ``State law'' means the unemployment
compensation law of the State, approved by the Secretary of
Labor under section 3304 of the Internal Revenue Code of 1986.
SEC. 3. USE OF NEW HIRE INFORMATION TO ASSIST IN ADMINISTRATION OF
UNEMPLOYMENT COMPENSATION PROGRAMS.
Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is
amended by adding at the end the following:
``(7) Information comparisons and disclosure to assist in
administration of unemployment compensation programs.--
``(A) In general.--If, for purposes of
administering an unemployment compensation program
under Federal or State law, a State agency responsible
for the administration of such program transmits to the
Secretary the names and social security account numbers
of individuals, the Secretary shall disclose to such
State agency information on such individuals and their
employers maintained in the National Directory of New
Hires, subject to this paragraph.
``(B) Condition on disclosure by the secretary.--
The Secretary shall make a disclosure under
subparagraph (A) only to the extent that the Secretary
determines that the disclosure would not interfere with
the effective operation of the program under this part.
``(C) Use and disclosure of information by state
agencies.--
``(i) In general.--A State agency may not
use or disclose information provided under this
paragraph except for purposes of administering
a program referred to in subparagraph (A).
``(ii) Information security.--The State
agency shall have in effect data security and
control policies that the Secretary finds
adequate to ensure the security of information
obtained under this paragraph and to ensure
that access to such information is restricted
to authorized persons for purposes of
authorized uses and disclosures.
``(iii) Penalty for misuse of
information.--An officer or employee of the
State agency who fails to comply with this
subparagraph shall be subject to the sanctions
under subsection (l)(2) to the same extent as
if such officer or employee was an officer or
employee of the United States.
``(D) Procedural requirements.--State agencies
requesting information under this paragraph shall
adhere to uniform procedures established by the
Secretary governing information requests and data
matching under this paragraph.
``(E) Reimbursement of costs.--The State agency
shall reimburse the Secretary, in accordance with
subsection (k)(3), for the costs incurred by the
Secretary in furnishing the information requested under
this paragraph.''. | Amends the Internal Revenue Code to exempt certain small business taxpayers from the requirements of using the accrual method of accounting and of using inventories. Allows such taxpayers to use a cash method of accounting if they meet the gross receipts test and are not engaged in farming as a corporation. Increases the amount of the gross receipts test to $10 million (currently, $5 million) and permits an annual inflation adjustment of that amount.
Amends the Social Security Act to require State unemployment compensation laws to: (1) permit an employer to transfer its unemployment compensation risk experience to an acquiring business unless such transfer is made solely or primarily to enable the acquiring business to obtain a lower rate of unemployment contribution; and (2) provide for meaningful civil and criminal penalties for transfers made in violation of State unemployment compensation law.
Directs the Secretary of Health and Human Services to disclose to State unemployment compensation agencies information from the National Directory of New Hires to assist States in administering an unemployment compensation program under Federal or State law. Provides penalties for the improper disclosure or misuse of information by State agency officers or employees. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the availability of the cash method of accounting for small business, and for other purposes."} | 2,510 | 233 | 0.445959 | 1.215034 | 0.727659 | 1.934272 | 10.849765 | 0.835681 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Grand Canyon
Capital Improvements Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Fundraising organization.
Sec. 4. Memorandum of agreement.
Sec. 5. Park surcharge or set-aside.
Sec. 6. Use of bond proceeds.
Sec. 7. Report.
Sec. 8. Regulations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fundraising organization.--The term ``fundraising
organization'' means an entity authorized to act as a
fundraising organization under section 3(a).
(2) Memorandum of agreement.--The term ``memorandum of
agreement'' means a memorandum of agreement entered into by the
Secretary under section 3(a) that contains the terms specified
in section 4.
(3) Park.--The term ``Park'' means the Grand Canyon
National Park.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FUNDRAISING ORGANIZATION.
(a) In General.--The Secretary may enter into a memorandum of
agreement under section 4 with an entity to act as an authorized
fundraising organization for the benefit of the Park.
(b) Bonds.--The fundraising organization for the Park shall issue
taxable bonds in return for the surcharge or set-aside for the Park
collected under section 5.
(c) Professional Standards.--The fundraising organization shall
abide by all relevant professional standards regarding the issuance of
securities and shall comply with all applicable Federal and State law.
(d) Audit.--The fundraising organization shall be subject to an
audit by the Secretary.
(e) No Liability for Bonds.--The United States shall not be liable
for the security of any bonds issued by the fundraising organization.
SEC. 4. MEMORANDUM OF AGREEMENT.
The fundraising organization shall enter into a memorandum of
agreement that specifies--
(1) the amount of the bond issue;
(2) the maturity of the bonds, not to exceed 20 years;
(3) the per capita amount required to amortize the bond
issue, provide for the reasonable costs of administration, and
maintain a sufficient reserve consistent with industry
standards;
(4) the project or projects at the Park that will be funded
with the bond proceeds and the specific responsibilities of the
Secretary and the fundraising organization with respect to each
project; and
(5) procedures for modifications of the agreement with the
consent of both parties based on changes in circumstances,
including modifications relating to project priorities.
SEC. 5. PARK SURCHARGE OR SET-ASIDE.
(a) In General.--Notwithstanding any other provision of law, the
Secretary may authorize the Superintendent of the Park--
(1) to charge and collect a surcharge in an amount not to
exceed $2 for each individual otherwise subject to an entrance
fee for admission to the Park; or
(2) to set aside not more than $2 for each individual
charged the entrance fee.
(b) Surcharge in Addition to Entrance Fees.--The Park surcharge
under subsection (a) shall be in addition to any entrance fee collected
under--
(1) section 4 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-6a);
(2) the recreational fee demonstration program authorized
by section 315 of the Department of the Interior and Related
Agencies Appropriations Act, 1996 (as contained in Public Law
104-134; 110 Stat. 1321-156; 1321-200; 16 U.S.C. 460l-6a note);
or
(3) the national park passport program established under
title VI of the National Parks Omnibus Management Act of 1998
(16 U.S.C. 5991 et seq.).
(c) Limitation.--The total amount charged or set aside under
subsection (a) may not exceed $2 for each individual charged an
entrance fee.
(d) Use.--A surcharge or set-aside under subsection (a) shall be
used by the fundraising organization to--
(1) amortize the bond issue;
(2) provide for the reasonable costs of administration; and
(3) maintain a sufficient reserve consistent with industry
standards, as determined by the bond underwriter.
SEC. 6. USE OF BOND PROCEEDS.
(a) Eligible Projects.--
(1) In general.--Subject to paragraph (2), bond proceeds
under this Act may be used for a project for the design,
construction, operation, maintenance, repair, or replacement of
a facility in the Park.
(2) Project limitations.--A project referred to in
paragraph (1) shall be consistent with--
(A) the laws governing the National Park System;
(B) any law governing the Park; and
(C) the general management plan for the Park.
(3) Prohibition on use for administration.--Other than
interest as provided in subsection (b), no part of the bond
proceeds may be used to defray administrative expenses.
(b) Interest on Bond Proceeds.--Any interest earned on bond
proceeds may be used by the fundraising organization to--
(1) meet reserve requirements; and
(2) defray reasonable administrative expenses incurred in
connection with the management and sale of the bonds.
SEC. 7. REPORT.
(a) In General.--Not later than 2 years after the promulgation of
regulations under section 8, the Secretary shall submit to Congress a
report on the bond program.
(b) Requirements.--The report shall include--
(1) a review of the bond program carried out under this Act
at the Park; and
(2) recommendations to Congress on whether to establish a
bond program at all units of the National Park System.
SEC. 8. REGULATIONS.
The Secretary, in consultation with the Secretary of Treasury,
shall promulgate regulations to carry out this Act. | Grand Canyon Capital Improvements Act of 2001 - Authorizes the Secretary of the Interior to enter into a memorandum of agreement with an entity to act as an authorized fund raising organization for the benefit of the Grand Canyon National Park. Requires the organization to issue taxable bonds in return for a surcharge or set-aside for the Park.Authorizes the Secretary to set aside up to $2 per person from park entrance fees, or to assess an additional $2 per person, to amortize the bond issue, cover the reasonable costs of administration, and maintain a sufficient reserve. Authorizes use of bond proceeds for Park facilities. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to set aside up to $2 per person from park entrance fees or assess up to $2 per person visiting the Grand Canyon National Park to secure bonds for capital improvements, and for other purposes."} | 1,311 | 138 | 0.628095 | 1.794287 | 0.612471 | 3.358974 | 10.358974 | 0.880342 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Improper Payments
Coordination Act of 2015''.
SEC. 2. AVAILABILITY OF THE DO NOT PAY INITIATIVE TO THE JUDICIAL AND
LEGISLATIVE BRANCHES AND STATES.
Section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note) is amended--
(1) in subsection (b)(3)--
(A) in the paragraph heading, by striking ``by agencies'';
(B) by striking ``For purposes'' and inserting the
following:
``(A) In general.--For purposes''; and
(C) by adding at the end the following:
``(B) Other entities.--States and any contractor,
subcontractor, or agent of a State, and the judicial and
legislative branches of the United States (as defined in
paragraphs (2) and (3), respectively, of section 202(e) of
title 18, United States Code), shall have access to, and use
of, the Do Not Pay Initiative for the purpose of verifying
payment or award eligibility for payments (as defined in
section 2(g)(3) of the Improper Payments Information Act of
2002 (31 U.S.C. 3321 note)) when, with respect to a State, the
Director of the Office of Management and Budget determines that
the Do Not Pay Initiative is appropriately established for that
State and any contractor, subcontractor, or agent of the State,
and, with respect to the judicial and legislative branches of
the United States, when the Director of the Office of
Management and Budget determines that the Do Not Pay Initiative
is appropriately established for the judicial branch or the
legislative branch, as applicable.
``(C) Consistency with privacy act of 1974.--To ensure
consistency with the principles of section 552a of title 5,
United States Code (commonly known as the `Privacy Act of
1974'), the Director of the Office of Management and Budget may
issue guidance that establishes privacy and other requirements
that shall be incorporated into Do Not Pay Initiative access
agreements with States, including any contractor,
subcontractor, or agent of a State, and the judicial and
legislative branches of the United States.''; and
(2) in subsection (d)(2)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after subparagraph (C) the following:
``(D) may include States and their quasi-government
entities, and the judicial and legislative branches of the
United States (as defined in paragraphs (2) and (3),
respectively, of section 202(e) of title 18, United States
Code) as users of the system in accordance with subsection
(b)(3).''.
SEC. 3. IMPROVING THE SHARING AND USE OF DATA BY GOVERNMENT AGENCIES TO
CURB IMPROPER PAYMENTS.
The Improper Payments Elimination and Recovery Improvement Act of
2012 (31 U.S.C. 3321 note) is amended--
(1) in section 5(a)(2), by striking subparagraph (A) and
inserting the following:
``(A) The death records maintained by the Commissioner of
Social Security.''; and
(2) by adding at the end the following:
``SEC. 7. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES FOR CURBING
IMPROPER PAYMENTS.
``(a) Prompt Reporting of Death Information by the Department of
State and the Department of Defense.--Not later than 1 year after the
date of enactment of this section, the Secretary of State and the
Secretary of Defense shall establish a procedure under which each
Secretary shall, promptly and on a regular basis, submit information
relating to the deaths of individuals to each agency for which the
Director of the Office of Management and Budget determines receiving
and using such information would be relevant and necessary.
``(b) Guidance to Agencies Regarding Data Access and Use for
Improper Payments Purposes.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Office of Management
and Budget, in consultation with the Council of the Inspectors
General on Integrity and Efficiency, the heads of other relevant
Federal, State, and local agencies, and Indian tribes and tribal
organizations, as appropriate, shall issue guidance regarding
implementation of the Do Not Pay Initiative under section 5 to--
``(A) the Department of the Treasury; and
``(B) each agency or component of an agency--
``(i) that operates or maintains a database of
information described in section 5(a)(2); or
``(ii) for which the Director determines improved data
matching would be relevant, necessary, or beneficial.
``(2) Requirements.--The guidance issued under paragraph (1)
shall--
``(A) address the implementation of subsection (a); and
``(B) include the establishment of deadlines for access to
and use of the databases described in section 5(a)(2) under the
Do Not Pay Initiative.''.
SEC. 4. DATA ANALYTICS.
Section 5 of the Improper Payments Elimination and Recovery
Improvement Act of 2012 (31 U.S.C. 3321 note), is amended by adding at
the end the following:
``(h) Report on Improper Payments Data Analysis.--Not later than
180 days after the date of enactment of the Federal Improper Payments
Coordination Act of 2015, the Secretary of the Treasury shall submit to
Congress a report which shall include a description of--
``(1) data analytics performed as part of the Do Not Pay
Business Center operated by the Department of the Treasury for the
purpose of detecting, preventing, and recovering improper payments
through preaward, postaward prepayment, and postpayment analysis,
which shall include a description of any analysis or investigations
incorporating--
``(A) review and data matching of payments and beneficiary
enrollment lists of State programs carried out using Federal
funds for the purposes of identifying eligibility duplication,
residency ineligibility, duplicate payments, or other potential
improper payment issues;
``(B) review of multiple Federal agencies and programs for
which comparison of data could show payment duplication; and
``(C) review of other information the Secretary of the
Treasury determines could prove effective for identifying,
preventing, or recovering improper payments, which may include
investigation or review of information from multiple Federal
agencies or programs;
``(2) the metrics used in determining whether the analytic and
investigatory efforts have reduced, or contributed to the reduction
of, improper payments or improper awards; and
``(3) the target dates for implementing the data analytics
operations performed as part of the Do Not Pay Business Center''.
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 Senate on July 28, 2015. Federal Improper Payments Coordination Act of 2015 (Sec. 2) Amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to extend the availability of the Do Not Pay Initiative to states, any contractor, subcontractor, or agent of a state, and the judicial and legislative branches of the United States. Authorizes the Office of Management and Budget (OMB) to issue guidance for establishing privacy and other requirements for incorporation into Do Not Pay Initiative access agreements with states and judicial and legislative branches. (Sec. 3) Modifies such Act to require each federal agency to review the death records maintained by the Social Security Administration (SSA) (currently, the Death Master File of SSA). Directs the Departments of Defense and State to establish a procedure for submitting information on the deaths of individuals to federal agencies promptly and on a regular basis. Requires the OMB and the heads of other relevant governmental entities to issue guidance on the implementation of the Do Not Pay Initiative to the Department of the Treasury and each agency and component of an agency: (1) that operates or maintains a database of information; or (2) for which the OMB determines improved data matching would be relevant, necessary, or beneficial. (Sec. 4) Directs Treasury to submit a report to Congress that describes: (1) data analytics performed as part of the Do Not Pay Business Center operated by Treasury, (2) metrics used in determining whether analytic and investigatory efforts have reduced improper payments or awards, and (3) the target dates for implementing the data analytics operations. | {"src": "billsum_train", "title": "Federal Improper Payments Coordination Act of 2015"} | 1,589 | 357 | 0.576132 | 1.957573 | 0.725046 | 4.166154 | 4.378462 | 0.886154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural America Health Care
Improvement Act''.
TITLE I--PROVISIONS RELATING TO PUBLIC HEALTH SERVICE ACT
SEC. 101. ADMINISTRATOR OF PROGRAMS; FUNDING.
(a) Administrator.--For purposes of this title, the term
``Secretary'' means the Secretary of Health and Human Services.
(b) Funding.--The authorizations of appropriations established in
this title are in addition to any other authorizations of
appropriations that are available for the purposes of this title.
SEC. 102. NATIONAL HEALTH SERVICE CORPS.
(a) Additional Funding; General Corps Program; Allocation for
Certain Nonphysician Health Professionals.--For the purpose of carrying
out subpart II of part D of title III of the Public Health Service Act,
and for the purpose of carrying out subsection (b), there are
authorized to be appropriated $50,000,000 for fiscal year 1996,
$100,000,000 for fiscal year 1997, and $200,000,000 for fiscal year
1998.
(b) Allocation for Participation of Certain Nonphysician Health
Professionals in Scholarship and Loan Repayment Programs.--
(1) In general.--Of the amounts appropriated under this
section, the Secretary shall reserve such amounts as may be
necessary to ensure that, of the number of individuals who are
participants in the Scholarship Program under section 338A of
the Public Health Service Act, or in the Loan Repayment Program
under section 338B of such Act, the total number who are being
educated as health professionals specified in paragraph (2), or
are serving as such professionals, respectively, is increased
to 20 percent.
(2) Relevant professions.--The health professionals
referred to in paragraph (1) are nurse practitioners, certified
nurse midwives, and registered nurses, and physician
assistants.
SEC. 103. DEVELOPMENT OF COMMUNITY-OPERATED HEALTH PLANS IN RURAL AND
FRONTIER AREAS.
(a) Community-Operated Health Plans.--
(1) In general.--The Secretary may make grants to public
and nonprofit private entities for the purpose of carrying out
projects to develop health plans to provide services
exclusively in rural and frontier areas.
(2) Requirements for health plans.--For purposes of this
section, the term ``health plan'' means a community-rated plan
or an experience-rated plan.
(b) Community Involvement.--The Secretary may make a grant under
subsection (a) only if the applicant involved meets the following
conditions:
(1) In developing the proposal of the applicant for a
project under such subsection, the applicant has consulted with
the local governments of the geographic area to be served by
the health plan developed through the project, with individuals
who reside in the area, and with a reasonable number and
variety of health professionals who provide services in the
area.
(2) The applicant agrees that the principal legal authority
over the operation of the health plan will be vested in
individuals who reside in such geographic area.
(3) In the proposal the applicant specifies how a full
continuum of services will be provided.
(4) In the proposal the applicant specifies how the
proposed health plan will utilize existing health care
facilities in a manner that avoids unnecessary duplication.
(c) Use of Funds.--
(1) In general.--Funds made available under this section
may be used for the following:
(A) To develop integrated health networks,
utilizing existing local providers and facilities where
appropriate, with community involvement.
(B) For information systems, including
telecommunications.
(C) For transportation services.
(2) Limitations.--Funds made available under this section
shall not be used for the following:
(A) For a telecommunications system, unless the
system is coordinated with, and does not duplicate,
such a system existing in the area.
(B) For paying off existing debt.
(d) Funding.--For the purpose of carrying out this section, there
are authorized to be appropriated $50,000,000 for fiscal year 1996,
$50,000,000 for fiscal year 1997, and $50,000,000 for fiscal year 1998.
SEC. 104. PRIMARY HEALTH CARE FOR MEDICALLY UNDERSERVED RURAL
COMMUNITIES; INCREASED CAPACITY OF HOSPITALS AND
OUTPATIENT FACILITIES.
(a) In General.--The Secretary may make grants to public and
nonprofit private hospitals in medically underserved rural communities,
and to public and nonprofit private outpatient facilities in such
communities, for the purpose of carrying out projects to develop or
increase the capacity of the hospitals and facilities to provide
primary health services.
(b) Medically Underserved Rural Community.--For purposes of this
section, the term ``medically underserved rural community'' means--
(1) a rural area that has a substantial number of
individuals who are members of a medically underserved
population, as defined in section 330 of the Public Health
Service Act; or
(2) a rural area a significant portion of which is a health
professional shortage area designated under section 332 of such
Act.
(c) Certain Expenditures.--
(1) In general.--The purposes for which the Secretary may
authorize a grant under subsection (a) to be expended include
the renovation of facilities, the purchase of equipment, and
the recruitment and retention of personnel.
(2) Certain facilities.--The purposes for which the
Secretary may authorize a grant under subsection (a) to be
expended include--
(A) the development of rural emergency medical care
hospitals; and
(B) the development of nurse-managaged health
centers for the provision of primary health care
services in rural areas and for coordinating with
health care providers and networks.
(d) Definitions.--
(1) Rural emergency medical care hospitals.--For purposes
of this section, a rural emergency medical care hospital is a
facility with the following characteristics:
(A) It is a hospital that is in danger of closing
due to low inpatient utilization rates and operating
losses.
(B) The closure of the facility would limit the
access of individuals residing in the facility's
service area to emergency services.
(C) The facility has entered into (or intends to
enter into) an agreement with another hospital that
will accept the transfer of patients.
(D) A physician is available on-call to provide
emergency medical services on a 24-hour-a-day basis.
(E) The facility must have a practitioner who is
qualified to provide advanced cardiac life support
services (as determined by the State in which the
facility is located) on-site at the facility on a 24-
hour-a-day basis.
(F) The facility meets such staffing requirements
as would apply under section 1861(e) of the Social
Security Act, except that the facility need not meet
hospital standards relating to the number of hours
during a day, or days during a week, in which the
facility must be open, but must provide emergency care
on a 24-hour-a-day basis.
(2) Nurse-managed health centers.--For purposes of this
section, the term ``nurse-managed health center'' means a
health center meeting the following conditions (to the extent
in accordance with applicable law): The services of the center
are primary health services; the principal providers of such
services through the center are nurse practitioners, certified
nurse midwives, and clinical nurse specialists; the principal
managers of the center are professional nurses; and the
procedures of the center provide patients with direct access to
nurse practitioners, certified nurse midwives, or clinical
nurse specialists.
(e) Funding.--
(1) Hospitals.--For the purpose of making grants to
hospitals under subsection (a), there are authorized to be
appropriated $50,000,000 for fiscal year 1996, $50,000,000 for
fiscal year 1997, and $50,000,000 for fiscal year 1998.
(2) Outpatient facilities.--For the purpose of making
grants to outpatient facilities under subsection (a), there are
authorized to be appropriated $50,000,000 for fiscal year 1996,
$50,000,000 for fiscal year 1997, and $50,000,000 for fiscal
year 1998.
SEC. 105. TRAINING OF RURAL HEALTH PROFESSIONALS OTHER THAN PHYSICIANS.
(a) Funding for Programs Under Public Health Service Act.--With
respect to programs of title VII or VIII of the Public Health Service
Act that provide for the training of individuals as health
professionals other than physicians, there are authorized to be
appropriated for the purpose of carrying out such programs, through
entities described in subsection (b), $50,000,000 for each of the
fiscal years 1996 through 1998.
(b) Eligibility.--With respect to a program referred to in
subsection (a), an entity described in this subsection is an entity--
(1) that is eligible to receive grants or contracts under
the program (as provided in the applicable provisions of title
VII or VIII of the Public Health Service Act); and
(2) a substantial number of whose designated graduates are
providing health services in a rural area.
(c) Definition of Designated Graduate.--For purposes of this
section, the term ``designated graduate'', with respect to an entity,
means an individual completing the training involved during the 5-year
period preceding the fiscal year for which the entity is applying to
receive a grant or contract under the applicable program referred to in
subsection (a).
(d) Certain Programs.--Programs carried out under subsection (a)
shall include programs for nurse practitioners, physician assistants,
and nurse midwives.
TITLE II--PROVISIONS RELATING TO MEDICARE
SEC. 201. MEDICARE INCENTIVES FOR PHYSICIANS TO PROVIDE PRIMARY CARE.
(a) Underserved Area Bonus Payments; Increase in Amount of Payment
for Primary Care Services.--Section 1833(m) of the Social Security Act
(42 U.S.C. 1395l(m)) is amended--
(1) by striking ``10 percent'' and inserting ``a percent'',
(2) by striking ``service'' the last place it appears and
inserting ``services'', and
(3) by adding the following new sentence: ``The percent
referred to in the previous sentence is 20 percent in the case
of primary care services, as defined in section 1842(i)(4), and
10 percent for services other than primary care services
furnished in health professional shortage areas located in
rural areas as defined in section 1886(d)(2)(D).''.
(b) Effective Date.--The amendments made by subsection (a) are
effective for services furnished on or after January 1, 1996.
TITLE III--TAX INCENTIVES FOR HEALTH SERVICES PROVIDERS
SEC. 301. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES
PROVIDERS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. PRIMARY HEALTH SERVICES PROVIDERS.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the product of--
``(1) the number of months during such taxable year--
``(A) during which the taxpayer is a qualified
primary health services provider, and
``(B) which are within the taxpayer's mandatory
service period, and
``(2) $1,000 ($500 in the case of a qualified practitioner
who is not a physician).
``(b) Qualified Primary Health Services Provider.--For purposes of
this section, the term `qualified primary health services provider'
means, with respect to any month, any qualified practitioner who--
``(1) has in effect a certification by the Bureau as a
provider of primary health services and such certification is,
when issued, for a health professional shortage area in which
the qualified practitioner is commencing the providing of
primary health services,
``(2) is providing primary health services full time in the
health professional shortage area identified in such
certification, and
``(3) has not received a scholarship under the National
Health Service Corps Scholarship Program or any loan repayments
under the National Health Service Corps Loan Repayment Program.
For purposes of paragraph (2), a provider shall be treated as providing
services in a health professional shortage area when such area ceases
to be such an area if it was such an area when the provider commenced
providing services in the area.
``(c) Mandatory Service Period.--For purposes of this section, the
term `mandatory service period' means the period of 60 consecutive
calendar months beginning with the first month the taxpayer is a
qualified primary health services provider. A taxpayer shall not have
more than 1 mandatory service period.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Bureau.--The term `Bureau' means the Bureau of
Primary Health Care, Health Resources and Services
Administration of the United States Public Health Service.
``(2) Qualified practitioner.--The term `qualified
practitioner' means a physician, a physician assistant, a nurse
practitioner, or a certified nurse-midwife.
``(3) Physician.--The term `physician' has the meaning
given to such term by section 1861(r) of the Social Security
Act.
``(4) Physician assistant; nurse practitioner.--The terms
`physician assistant' and `nurse practitioner' have the
meanings given to such terms by section 1861(aa)(5) of the
Social Security Act.
``(5) Certified nurse-midwife.--The term `certified nurse-
midwife' has the meaning given to such term by section
1861(gg)(2) of the Social Security Act.
``(6) Primary health services.--The term `primary health
services' has the meaning given such term by section 330(b)(1)
of the Public Health Service Act.
``(7) Health professional shortage area.--The term `health
professional shortage area' has the meaning given such term by
section 332(a)(1)(A) of the Public Health Service Act.
``(e) Recapture of Credit.--
``(1) In general.--If there is a recapture event during any
taxable year, then--
``(A) no credit shall be allowed under subsection
(a) for such taxable year and any succeeding taxable
year, and
``(B) the tax of the taxpayer under this chapter
for such taxable year shall be increased by an amount
equal to the product of--
``(i) the applicable percentage, and
``(ii) the aggregate unrecaptured credits
allowed to such taxpayer under this section for
all prior taxable years.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the recapture
The applicable recap-
event occurs during:
ture percentage is:
Months 1-24.............. 100
Months 25-36............. 75
Months 37-48............. 50
Months 49-60............. 25
Months 61 and thereafter. 0.
``(B) Timing.--For purposes of subparagraph (A),
month 1 shall begin on the first day of the mandatory
service period.
``(3) Recapture event defined.--
``(A) In general.--For purposes of this subsection,
the term `recapture event' means the failure of the
taxpayer to be a qualified primary health services
provider for any month during the taxpayer's mandatory
service period.
``(B) Cessation of designation.--The cessation of
the designation of any area as a health professional
shortage area after the beginning of the mandatory
service period for any taxpayer shall not constitute a
recapture event.
``(C) Secretarial waiver.--The Secretary, in
consultation with the Secretary of Health and Human
Services, may waive any recapture event caused by
extraordinary circumstances.
``(4) No credits against tax; minimum tax.--Any increase in
tax under this subsection shall not be treated as a tax imposed
by this chapter for purposes of determining the amount of any
credit under subpart A, B, or D of this part or for purposes of
section 55.''
(b) Clerical Amendment.--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 22 the following new item:
``Sec. 23. Primary health services
providers.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | TABLE OF CONTENTS:
Title I: Provisions Relating to Public Health Service Act
Title II: Provisions Relating to Medicare
Title III: Tax Incentives for Health Services Providers
Rural America Health Care Improvement Act -
Title I: Provisions Relating to Public Health Service Act
- Amends the Public Health Service Act to authorize appropriations for FY 1996 through FY 1998. Requires allocations from such amounts in order to ensure that 20 percent of the participants in the Scholarship and Loan Repayment Program are being educated as specified nonphysician health professionals.
Authorizes the Secretary to make grants to public and nonprofit private entities for carrying out projects to develop health plans to provide services exclusively in rural and frontier areas. Sets forth requirements for those requesting grant assistance. Authorizes appropriations.
Authorizes the Secretary of Health and Human Services to make grants to public and nonprofit private hospitals in medically underserved rural communities for the purpose of carrying out projects to develop or increase the capacity of the hospitals and facilities to provide primary health services. Authorizes appropriations.
Authorizes appropriations for training of rural health professionals other than physicians.
Title II: Provisions Relating to Medicare
- Amends title XVIII (Medicare) of the Social Security Act to increase the amount of payment to primary care service providers in underserved areas.
Title III: Tax Incentives for Health Services Providers
- Amends the Internal Revenue Code to allow a tax credit for certain primary health services providers in health professional shortage areas who have not received a National Health Service Corps scholarship or loan. | {"src": "billsum_train", "title": "Rural America Health Care Improvement Act"} | 3,730 | 353 | 0.630646 | 1.791825 | 0.803967 | 3.852349 | 11.268456 | 0.879195 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Freedom Through
Energy Export Act''.
(b) References.--Except as otherwise expressly provided, wherever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Alaska Natural Gas Pipeline
Act of 2004 (15 U.S.C. 720 et seq.).
SEC. 2. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT.
Section 102(2) (15 U.S.C. 720(2)) is amended--
(1) by striking subparagraphs (A) and (B);
(2) by inserting ``any of the following projects authorized
under the Alaska Natural Gas Transportation Act of 1976 (15
U.S.C. 719 et seq.) or section 103:'' after ``means'';
(3) by striking ``any natural gas pipeline system'' and
inserting the following:
``(A) Any natural gas pipeline system'';
(4) in subparagraph (A) (as so designated) by striking
``that is authorized under--'' and inserting a period at the
end; and
(5) by adding at the end the following:
``(B) Except with respect to projects described in
section 116, any liquified natural gas terminal and any
facilities necessary or required for the export of
Alaska natural gas (including related facilities
subject to the jurisdiction of the Commission).''.
SEC. 3. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
Section 103 (15 U.S.C. 720a) is amended--
(1) in the heading, by inserting ``or other commission
authorization'' after ``necessity'';
(2) in subsection (a)--
(A) by striking ``may, in accordance'' and
inserting ``may--
``(1) in accordance'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; or'';
and
(C) by adding at the end the following:
``(2) in accordance with section 3 of the Natural Gas Act
(15 U.S.C. 717b), consider and act on an application for
authorization for a liquefied natural gas terminal and any
related facilities determined necessary or required for the
export of Alaska natural gas other than the Alaska natural gas
transportation system.'';
(3) in subsection (b)--
(A) in the heading, by inserting ``or Other
Authorization'' after ``Certificate''; and
(B) in paragraph (1)--
(i) by striking ``shall issue a
certificate'' and inserting ``shall issue--
``(A) a certificate'';
(ii) in subparagraph (A) (as so
designated), by striking the period at the end
and inserting ``; or''; and
(iii) by adding at the end the following:
``(B) an authorization for the siting,
construction, and operation of an Alaska natural gas
transportation project, if the applicant has satisfied
the requirements of section 3 of the Natural Gas Act
(15 U.S.C. 717b) for a liquefied natural gas terminal
and any related facilities determined necessary or
required for the export of Alaska natural gas.'';
(4) in subsection (c), by striking ``for the project under
section 7(c))'' and all that follows through the period at the
end and inserting ``for the projects under--
``(1) section 3 of the Natural Gas Act (15 U.S.C. 717b);
``(2) section 7(c) of the Natural Gas Act (15 U.S.C.
717f(c)); and
``(3) this section.''; and
(5) in subsection (g), by striking ``The holder of the
certificate'' and inserting ``The holder of a certificate''.
SEC. 4. ENVIRONMENTAL REVIEWS.
Section 104(a) (15 U.S.C. 720b(a)) is amended by inserting ``under
section 7 of the Natural Gas Act (15 U.S.C. 717f) or the issuance of an
authorization under section 3 of that Act (15 U.S.C. 717b)'' after
``certificate of public convenience and necessity''.
SEC. 5. FEDERAL COORDINATOR.
Section 106(c) (15 U.S.C. 720d(c)) is amended--
(1) in paragraph (1), by inserting ``or a pipeline project
that carries natural gas from the Alaska North Slope to market
south of 68 degrees north latitude'' after ``Alaska natural gas
transportation project'';
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to ensure that Federal agencies are fully informed in
carrying out an Alaska natural gas transportation project,
providing Federal agencies with information about--
``(A) the Alaska natural gas transportation
project; and
``(B) any commercial, technological, or regulatory
issues that could affect the project.''.
SEC. 6. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.
Section 110(b) (15 U.S.C. 720h(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``Any Federal agency'' and inserting the
following:
``(1) In general.--Any Federal agency''; and
(3) by adding at the end the following:
``(2) Effect.--Nothing in this Act or the Alaska Natural
Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) shall
preclude the construction of a gas liquefaction terminal or any
other facilities determined necessary or required for the
transportation and export of natural gas from the Alaska North
Slope.''.
SEC. 7. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.
Section 113 (15 U.S.C. 720k) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``gas pipeline
system'' and inserting ``natural gas transportation
project''; and
(B) in subparagraph (B), by striking ``gas
pipeline'' and inserting ``natural gas transportation
project''; and
(2) in subsection (b)(1), by striking ``pipeline system''
and inserting ``transportation project''.
SEC. 8. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.
Section 115(1) (15 U.S.C. 720m(1)) is amended by striking
``pipeline'' and inserting ``transportation project''.
SEC. 9. LOAN GUARANTEES.
Section 116(a)(1) (15 U.S.C. 720n(a)(1)) is amended by inserting
``that includes a pipeline to the border between Alaska and Canada
approved pursuant to section 7(c) of the Natural Gas Act (15 U.S.C.
717f(c))'' after ``qualified infrastructure project''.
SEC. 10. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO UNITED
STATES ALLIES.
(a) In General.--Section 3(c) of the Natural Gas Act (15 U.S.C.
717b(c)) is amended--
(1) by striking ``(c) For purposes'' and inserting the
following:
``(c) Expedited Application and Approval Process.--
``(1) In general.--For purposes.'';
(2) in paragraph (1) (as so designated), by striking
``nation with which there is in effect a free trade agreement
requiring national treatment for trade in natural gas'' and
inserting ``foreign country described in paragraph (2)''; and
(3) by adding at the end the following:
``(2) Foreign country described.--A foreign country
described in this paragraph is--
``(A) a country with which the United States has in
effect a free trade agreement requiring national
treatment for trade in natural gas;
``(B) a member country of the North Atlantic Treaty
Organization;
``(C) subject to paragraph (3), Japan; and
``(D) any other foreign country if the Secretary of
State, in consultation with the Secretary of Defense,
determines that exportation of natural gas to that
foreign country would promote the national security
interests of the United States.
``(3) Exportation of natural gas to japan.--The exportation
of natural gas to Japan shall be deemed to be consistent with
the public interest pursuant to paragraph (1), and applications
for such exportation shall be granted without modification or
delay under that paragraph, during only such period as the
Treaty of Mutual Cooperation and Security, signed at Washington
January 19, 1960, and entered into force June 23, 1960 (11 UST
1632; TIAS 4509), between the United States and Japan, remains
in effect.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to applications for the authorization to export natural gas under
section 3 of the Natural Gas Act (15 U.S.C. 717b) that are pending on,
or filed on or after, the date of enactment of this Act. | Freedom Through Energy Export Act - Amends the Alaska Natural Gas Pipeline Act of 2004 to redefine the Alaska natural gas transportation project to include any liquified natural gas terminal and facilities necessary or required for the export of Alaska natural gas (including related facilities subject to the jurisdiction of the Federal Energy Regulatory Commission [FERC]). Authorizes FERC to consider and act on an application for authorization for a liquefied natural gas terminal and related facilities determined necessary for the export of Alaska natural gas other than the Alaska natural gas transportation system. Directs FERC to issue an authorization for the siting, construction, and operation of an Alaska natural gas transportation project if the applicant has satisfied certain Natural Gas Act requirements for a liquefied natural gas terminal and related facilities necessary or required for the export of Alaska natural gas. Directs FERC, within 60 days after the issuance of a final environmental impact statement under the the National Environmental Policy Act of 1969, to approve or deny, under the expedited approval process, an application for a certificate of public convenience and necessity for projects designated under the Natural Gas Act and this Act. Confers responsibility upon the Federal Coordinator for Alaska Natural Gas Transportation Projects for: (1) coordinating the expeditious discharge of all activities by federal agencies regarding a pipeline project carrying natural gas from the Alaska North Slope to market south of 68 degrees north latitude, and (2) ensuring that federal agencies are fully informed in carrying out an Alaska natural gas transportation project, including about any commercial, technological, or regulatory issues that could affect such project. Declares that neither this Act nor the Alaska Natural Gas Transportation Act of 1976 precludes construction of either a gas liquefaction terminal or other facilities determined necessary or required for the transportation and export of natural gas from the Alaska North Slope. Directs the Secretary of Labor to make grants to the Alaska Workforce Investment Board: (1) to train adult and dislocated workers in Alaska to construct and operate a natural gas transportation project (currently, a gas pipeline system), and (2) for construction of a training facility to support such a project. Expresses the sense of Congress that Alaska Native Regional Corporations, companies owned and operated by Alaskans and individual Alaskans should have the opportunity to own shares of the Alaska natural gas transportation project (currently, gas pipeline system). Authorizes federal loan guarantees for a liquefied natural gas pipeline approved to the border between Alaska and Canada. Amends the Natural Gas Act to deem consistent with the public interest an expedited application and approval process without modification or delay for the exportation of natural gas to a foreign country that is: (1) a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas (as under existing law); (2) a member country of the North Atlantic Treaty Organization (NATO); (3) Japan, as long as the Treaty of Mutual Cooperation and Security between the United States and Japan remains in effect; and (4) any other foreign country if the Secretary of State determines that such exportation promotes U.S. national security interests. | {"src": "billsum_train", "title": "Freedom Through Energy Export Act"} | 2,199 | 666 | 0.531497 | 1.656536 | 0.703029 | 3.959114 | 3.250426 | 0.858603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Generation Biofuel Producer
Tax Credit Act of 2009''.
SEC. 2. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) Credit Amount Determined Based on BTU Content of Fuel.--
Subparagraph (B) of section 40(b)(6) of the Internal Revenue Code of
1986 is amended to read as follows:
``(B) Applicable amount.--For purposes of this
paragraph--
``(i) In general.--The term `applicable
amount' means, with respect to any type of
second generation biofuel, the dollar amount
which bears the same ratio to $1.01 as the BTU
content of such type of fuel bears to the BTU
content of ethanol. For purposes of the
preceding sentence, the types of second
generation biofuel and the BTU content of such
types shall be determined in accordance with
the table prescribed under clause (ii).
``(ii) BTU content determined by
secretary.--The Secretary, after consultation
with the Secretary of Energy, shall prescribe a
table which lists the types of second
generation biofuel and the BTU content of each
such type.
``(iii) Coordination with alcohol
credits.--In the case of second generation
biofuel which is alcohol, the applicable amount
determined under clause (i) shall be reduced by
the sum of--
``(I) the amount of the credit in
effect for such alcohol under
subsection (b)(1) (without regard to
subsection (b)(3)) at the time of the
qualified second generation biofuel
production, plus
``(II) in the case of ethanol, the
amount of the credit in effect under
subsection (b)(4) at the time of such
production.''.
(b) Expansion of Qualified Fuels.--
(1) In general.--Subclause (I) of section 40(b)(6)(E)(i) of
such Code is amended to read as follows:
``(I) is derived solely from
qualified feedstocks, and''.
(2) Qualified feedstock.--Paragraph (6) of section 40(b) of
such Code is amended by redesignating subparagraphs (F), (G),
and (H) as subparagraphs (G), (H), and (I), respectively, and
by inserting after subparagraph (E) the following new
subparagraph:
``(F) Qualified feedstock.--For purposes of this
paragraph, the term `qualified feedstock' means--
``(i) any lignocellulosic or hemicellulosic
matter that is available on a renewable or
recurring basis, and
``(ii) any cultivated algae, cyanobacteria,
or lemna.''.
(3) Conforming amendments.--
(A) Section 40 of such Code is amended--
(i) by striking ``cellulosic biofuel'' each
place it appears in the text thereof and
inserting ``second generation biofuel'',
(ii) by striking ``Cellulosic'' in the
headings of subsections (b)(6), (b)(6)(E), and
(d)(3)(D) and inserting ``Second generation'',
and
(iii) by striking ``cellulosic'' in the
headings of subsections (b)(6)(C), (b)(6)(D),
(b)(6)(F), (d)(6), and (e)(3) and inserting
``second generation''.
(B) Clause (iii) of section 40(b)(6)(E) of such
Code, as redesignated by paragraph (2), is amended by
striking ``Such term shall not'' and inserting ``The
term `second generation biofuel' shall not''.
(C) Paragraph (1) of section 4101(a) of such Code
is amended by striking ``cellulosic biofuel'' and
inserting ``second generation biofuel''.
(c) Exclusion of Fuels Produced From Coprocessing With Nonqualified
Feedstocks.--Subparagraph (E) of section 40(b)(6) of such Code is
amended by adding at the end the following new clause:
``(iii) Exclusion of fuels produced from
coprocessing with nonqualified feedstocks.--The
term `second generation biofuel' shall not
include any fuel derived from coprocessing a
qualified feedstock with any feedstock which is
not a qualified feedstock.''.
(d) Exclusion of Unprocessed Fuels.--Subparagraph (E) of section
40(b)(6) of such Code, as amended by subsection (c), is amended by
adding at the end the following new clause:
``(iv) Exclusion of unprocessed fuels.--The
term `second generation biofuel' shall not
include any fuel if--
``(I) more than 4 percent of such
fuel (determined by weight) is any
combination of water and sediment, or
``(II) the ash content of such fuel
is more than 1 percent (determined by
weight).''.
(e) Liquid Fuel Defined.--
(1) In general.--Paragraph (6) of section 40(b) of such
Code, as amended by subsection (b), is amended by redesignating
subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and
(J), respectively, and by inserting after subparagraph (F) the
following new subparagraph:
``(G) Liquid fuel.--The term `liquid fuel' shall
not include any fuel unless such fuel would be a liquid
at room temperature after extraction of all water from
the fuel.''.
(2) Application to alcohol mixture credit.--Paragraph (2)
of section 40(d) of such Code is amended by inserting ``,
within the meaning of subsection (b)(6)(G),'' after ``liquid
fuel (other than gasoline)''.
(3) Application to renewable diesel.--Paragraph (3) of
section 40A(f) of such Code is amended by inserting ``(within
the meaning of section 40(b)(6)(G))'' after ``liquid fuel''.
(f) Registration of Fuels.--Subparagraph (I) of section 40(b)(6) of
such Code, as redesignated by subsections (b) and (e), is amended to
read as follows:
``(I) Registration requirements.--No credit shall
be determined under this paragraph with respect to any
second generation biofuel produced by the taxpayer
unless--
``(i) such taxpayer is registered with the
Secretary as a producer of second generation
biofuel under section 4101, and
``(ii) such taxpayer provides the Secretary
such information with respect to such second
generation biofuel as the Secretary may (after
consultation with the Secretary of Energy and
the Administrator of the Environmental
Protection Agency) require, including--
``(I) the type of such second
generation biofuel,
``(II) the feedstocks from which
such second generation biofuel is
derived, and
``(III) the BTU content of such
second generation biofuel.''.
(g) Application of Biofuel Reforms to Bonus Depreciation for
Biofuel Plant Property.--
(1) In general.--Subparagraph (A) of section 168(l)(2) of
such Code is amended by striking ``solely to produce cellulosic
biofuel'' and inserting ``solely to produce second generation
biofuel (as defined in section 40(b)(6)(E)''.
(2) Conforming amendments.--Subsection (l) of section 168
of such Code is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively,
(C) by striking ``Cellulosic'' in the heading of
such subsection and inserting ``Second Generation'',
and
(D) by striking ``cellulosic'' in the heading of
paragraph (2) and inserting ``second generation''.
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuels sold or
used after the date of the enactment of this Act.
(2) Application to bonus depreciation.--The amendments made
by subsection (g) shall apply to property placed in service
after the date of the enactment of this Act.
(3) Temporary rule for determining credit amount based on
btu content of fuel.--With respect to any fuel sold or used
after the date of the enactment of this Act and before the date
on which the Secretary prescribes the table described in clause
(ii) of section 40(b)(6)(B) of the Internal Revenue Code of
1986 (as amended by this Act), clause (i) of such section shall
be applied by treating all second generation biofuel as though
it were ethanol. | Second Generation Biofuel Producer Tax Credit Act of 2009 - Amends Internal Revenue Code provisions relating to the cellulosic biofuel producer tax credit to: (1) revise the applicable amount of such credit by linking it to the British thermal unit (BTU) content of second generation biofuels as determined by the Secretary of the Treasury; (2) expand the definition of "qualified feedstock" to include any cultivated algae, cyanobacteria, or lemna; (3) exclude from the definition of "second generation biofuel" certain fuel produced from coprocessing with nonqualified feedstocks and certain unprocessed fuels; (4) require producers of second generation biofuels to register with the Secretary; and (5) allow an additional depreciation allowance for property used to produce second generation biofuel. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a second generation biofuel producer credit, and for other purposes."} | 2,098 | 173 | 0.592857 | 1.612136 | 0.693859 | 1.971631 | 12.453901 | 0.765957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Verification Program Act
of 2015''.
SEC. 2. VOLUNTARY VERIFICATION PROGRAMS FOR AIR CONDITIONING, FURNACE,
BOILER, HEAT PUMP, AND WATER HEATER PRODUCTS.
Section 326(b) of the Energy Policy and Conservation Act (42 U.S.C.
6296(b)) is amended by adding at the end the following:
``(6) Voluntary verification programs for air conditioning,
furnace, boiler, heat pump, and water heater products.--
``(A) Reliance on voluntary verification
programs.--For the purpose of verifying compliance with
energy conservation standards and Energy Star
specifications established under sections 324A, 325,
and 342 for covered products described in paragraphs
(3), (4), (5), (9), and (11) of section 322(a) and
covered equipment described in subparagraphs (B), (C),
(D), (F), (I), (J), and (K) of section 340(1), the
Secretary and Administrator of the Environmental
Protection Agency (in this paragraph referred to as the
`Administrator') shall--
``(i) rely on voluntary verification
programs that are recognized by the Secretary
or the Administrator according to criteria that
have consensus support established through a
negotiated rulemaking; and
``(ii) not later than 180 days after the
date of enactment of the Voluntary Verification
Program Act of 2015, initiate a negotiated
rulemaking described in clause (i) to establish
criteria for achieving recognition by the
Secretary or the Administrator as an approved
voluntary verification program, which at a
minimum shall ensure that voluntary
verification programs--
``(I) are nationally recognized;
``(II) maintain a publicly
available list of all verified products
and equipment;
``(III) require the changing of the
performance rating or removal of the
product or equipment from the program
if testing determines that the
performance rating does not meet the
levels the manufacturer has verified to
the Secretary or the Administrator;
``(IV) require the qualification of
new participants in the program through
testing and production of test reports;
``(V) allow for challenge testing
of products and equipment within the
scope of the program;
``(VI) require program participants
to verify the performance rating of all
covered products and equipment within
the scope of the voluntary verification
program;
``(VII) provide to the Secretary or
the Administrator--
``(aa) prompt notification
when program testing results
in--
``(AA) the rerating
of the performance
rating of a product or
equipment; or
``(BB) the
delisting of a product
or equipment; and
``(bb) test reports, on the
request of the Secretary or the
Administrator, for Energy Star
compliant products, which shall
be treated as confidential
business information as
provided for under section
552(b)(4) of title 5, United
States Code (commonly known as
the `Freedom of Information
Act'); and
``(VIII) meet any additional
requirements or standards that the
Secretary or the Administrator shall
establish consistent with this clause.
``(B) Administration.--
``(i) In general.--Neither the Secretary
nor the Administrator shall require--
``(I) manufacturers to participate
in a voluntary verification program
described in subparagraph (A); or
``(II) participating manufacturers
to provide information that can be
obtained through a voluntary
verification program described in
subparagraph (A).
``(ii) List of covered products.--The
Secretary or the Administrator may maintain a
publicly available list of covered products and
equipment verified under subparagraph (A) that
distinguishes between--
``(I) covered products and
equipment verified by a program
described in subparagraph (A); and
``(II) products not verified by a
program described in subparagraph (A).
``(iii) Periodic verification testing.--The
Secretary and the Administrator shall not
subject a manufacturer that participates in a
voluntary verification program described in
subparagraph (A), and that is in compliance
with subparagraph (A)(ii) (I) through (VIII),
to additional periodic verification testing to
verify the accuracy of the performance rating
of the product or equipment, if the voluntary
verification program subjects covered products
to periodic verification testing and provides
test results to the Secretary or the
Administrator on request.
``(iv) Effect on other authority.--Nothing
in this paragraph limits the authority of the
Secretary or the Administrator to enforce
compliance with any law.''. | Voluntary Verification Program Act of 2015 This bill amends the Energy Policy and Conservation Act to require the Department of Energy (DOE) and the Environmental Protection Agency (EPA) to rely on voluntary programs for certifying manufacturer compliance with energy conservation performance standards and Energy Star specifications for consumer products and industrial equipment. Consumer products are the following: central air conditioners and central air conditioning heat pumps, water heaters, furnaces, direct heating equipment, and pool heaters. Industrial equipment is the following: commercial package air conditioning and heating equipment, automatic commercial ice makers, packaged terminal air-conditioners and packaged terminal heat pumps, warm air furnaces and packaged boilers, and storage water heaters, instantaneous water heaters, and unfired hot water storage tanks. The consumer products exclude those that are designed solely for use in recreational vehicles and other mobile equipment. DOE and the EPA must initiate a negotiated rulemaking to establish criteria, meeting certain minimum requirements, for achieving recognition by DOE or the EPA as an approved voluntary verification program. Neither DOE nor the EPA may require manufacturers that participate in a voluntary verification program to provide information that can be obtained through the program. If a voluntary program subjects products to periodic verification testing and provides test results to DOE or the EPA on request, DOE and the EPA may not subject participating manufacturers that are in compliance with the program to additional testing to verify the accuracy of the performance rating of the product or equipment. | {"src": "billsum_train", "title": "Voluntary Verification Program Act of 2015"} | 1,023 | 309 | 0.621857 | 2.02802 | 0.771344 | 1.880866 | 3.527076 | 0.732852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy and Human Rights
Act of 2011''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
Sections 2 and 3 of the Belarus Democracy Act of 2004 (Public Law
109-480; 22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress finds the following:
``(1) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of human rights and fundamental
freedoms.
``(2) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of basic principles of democratic
governance, including through a series of fundamentally flawed
presidential and parliamentary elections undermining the legitimacy
of executive and legislative authority in that country.
``(3) The Government of Belarus has subjected thousands of pro-
democratic political activists to harassment, beatings, and
jailings, particularly as a result of their attempts to peacefully
exercise their right to freedom of assembly and association.
``(4) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media, including independent journalists, for
systematic reprisals and elimination, while suppressing the right
to freedom of speech and expression of those dissenting from the
dictatorship of Aleksandr Lukashenka, and adopted laws restricting
the media, including the Internet, in a manner inconsistent with
international human rights agreements.
``(5) The Government of Belarus continues a systematic campaign
of harassment, repression, and closure of nongovernmental
organizations, including independent trade unions and
entrepreneurs, and this crackdown has created a climate of fear
that inhibits the development of civil society and social
solidarity.
``(6) The Government of Belarus has subjected leaders and
members of select ethnic and religious minorities to harassment,
including the imposition of heavy fines and denying permission to
meet for religious services, sometimes by selective enforcement of
the 2002 Belarus religion law.
``(7) The Government of Belarus has attempted to silence
dissent by persecuting human rights and pro-democracy activists
with threats, firings, expulsions, beatings and other forms of
intimidation, and restrictions on freedom of movement and
prohibition of international travel.
``(8) The dictator of Belarus, Aleksandr Lukashenka,
established himself in power by orchestrating an illegal and
unconstitutional referendum that enabled him to impose a new
constitution, abolishing the duly elected parliament, the 13th
Supreme Soviet, installing a largely powerless National Assembly,
extending his term in office, and removing applicable term limits.
``(9) The Government of Belarus has failed to make a convincing
effort to solve the cases of disappeared opposition figures Yuri
Zakharenka, Viktor Gonchar, and Anatoly Krasovsky and journalist
Dmitry Zavadsky, even though credible allegations and evidence
links top officials of the Government to these disappearance.
``(10) The Government of Belarus has restricted freedom of
expression on the Internet by requiring Internet Service Providers
to maintain data on Internet users and the sites they view and to
provide such data to officials upon request, and by creating a
government body with the authority to require Internet Service
Providers to block Web sites.
``(11) On December 19, 2010, the Government of Belarus
conducted a presidential election that failed to meet the standards
of the Organization for Security and Cooperation in Europe (OSCE)
for democratic elections.
``(12) After the December 19, 2010, presidential election the
Government of Belarus responded to opposition protests by beating
scores of protestors and detaining more than 600 peaceful
protestors.
``(13) After the December 19, 2010, presidential election the
Government of Belarus jailed seven of the nine opposition
presidential candidates and abused the process of criminal
prosecution to persecute them.
``(14) After the December 19, 2010, presidential election, the
Government of Belarus disrupted independent broadcast and Internet
media, and engaged in repressive actions against independent
journalists.
``(15) After the December 19, 2010, presidential election,
Belarusian security services and police conducted raids targeting
civil society groups, individual pro-democracy activists, and
independent media.
``(16) After the December 19, 2010, presidential election,
Belarusian officials refused to extend the mandate of the OSCE
Office in Minsk.
``(17) After the December 19, 2010, presidential election,
opposition candidates and activists have been persecuted and
detainees have been physically mistreated, and denied access to
family, defense counsel, medical treatment, and open legal
proceedings.
``(18) After the December 19, 2010, presidential election,
lawyers representing those facing criminal charges related to the
post-election protest have been subjected to the revocation of
licenses, disbarment, and other forms of pressure.
``(19) After the December 19, 2010, presidential election, the
Government of Belarus has convicted political detainees to harsh
prison sentences.
``(20) After the December 19, 2010, presidential election, the
United States expanded its visa ban list, imposed additional
financial sanctions on certain state-owned enterprises, and
initiated preparations to freeze the assets of several individuals
in Belarus. The European Union imposed targeted travel and
financial sanctions on an expanded list of officials of the
Government of Belarus.
``(21) After the December 19, 2010, presidential election, the
United States fully restored sanctions against Belarus's largest
state-owned petroleum and chemical conglomerate and all of its
subsidiaries.
``(22) After the December 19, 2010, presidential election, the
United States has engaged in assistance efforts to provide legal
and humanitarian assistance to those facing repression and
preserving access to independent information, and has pledged
resources to support human rights advocates, trade unions, youth
and environmental groups, business associations, think-tanks,
democratic political parties and movements, independent
journalists, newspapers and electronic media operating both inside
Belarus and broadcasting from its neighbors, and to support access
of Belarusian students to independent higher education and expand
exchange programs for business and civil society leaders.
``(23) The Department of State, the Department of the Treasury,
and other executive branch agencies have heretofore made effective
use of this Act to promote the purposes of this Act, as stated in
section 3 of this Act.
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States to--
``(1) condemn the conduct of the December 19, 2010,
presidential election and crackdown on opposition candidates,
political leaders, and activists, civil society representatives,
and journalists;
``(2) continue to call for the immediate release without
preconditions of all political prisoners in Belarus, including all
those individuals detained in connection with the December 19,
2010, presidential election;
``(3) continue to support the aspirations of the people of
Belarus for democracy, human rights, and the rule of law;
``(4) continue to support the aspirations of the people of
Belarus to preserve the independence and sovereignty of their
country;
``(5) continue to support the growth of democratic movements
and institutions in Belarus, which empower the people of Belarus to
end tyranny in their country;
``(6) continue to refuse to accept the results of the
fundamentally flawed December 19, 2010, presidential election held
in Belarus, and to support calls for new presidential and
parliamentary elections, conducted in a manner that is free and
fair according to OSCE standards;
``(7) continue to call for the fulfillment by the Belarusian
government of Belarus's freely undertaken obligations as an OSCE
participating state;
``(8) continue to call for a full accounting of the
disappearances of opposition leaders and journalists in Belarus,
including Victor Gonchar, Anatoly Krasovsky, Yuri Zakharenka, and
Dmitry Zavadsky, and the prosecution of those individuals who are
in any way responsible for the disappearance of those opposition
leaders and journalists;
``(9) continue to work closely with the European Union and
other countries and international organizations, to promote the
conditions necessary for the integration of Belarus into the
European family of democracies;
``(10) call on the International Ice Hockey Federation to
suspend its plan to hold the 2014 International World Ice Hockey
championship in Minsk until the Government of Belarus releases all
political prisoners; and
``(11) remain open to reevaluating United States policy toward
Belarus as warranted by demonstrable progress made by the
Government of Belarus consistent with the aims of this Act as
stated in this section.''.
SEC. 3. RADIO AND TELEVISION BROADCASTING TO BELARUS.
Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. RADIO, TELEVISION, AND INTERNET BROADCASTING TO BELARUS.
``It is the sense of Congress that the President should support
radio, television, and Internet broadcasting to the people of Belarus
in languages spoken in Belarus, by Radio Free Europe/Radio Liberty, the
Voice of America, European Radio for Belarus, and Belsat.''.
SEC. 4. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``or expression,
including those individuals jailed based on political beliefs
or expression in connection with repression that attended the
presidential election of December 19, 2010'' before the period
at the end;
(B) in paragraph (2), by inserting ``, including
politically motivated legal charges made in connection with
repression that attended the presidential election of December
19, 2010'' before the period at the end;
(C) in paragraph (5), by inserting ``and violations of
human rights, including violations of human rights committed in
connection with the presidential election of December 19,
2010'' before the period at the end; and
(D) in paragraph (7), by striking ``internationally
recognized observers'' and inserting ``OSCE observers'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) by striking ``subparagraph (A)'' and inserting
``paragraph (1)''; and
(ii) by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(4) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the violent
crackdown on opposition leaders, journalists, and peaceful
protestors that occurred in connection with the presidential
election of December 19, 2010; or
``(5) is a member of any branch of the security or law
enforcement services of Belarus and has participated in the
persecution or harassment of religious groups, human rights
defenders, democratic opposition groups, or independent media or
journalists.'';
(3) in subsection (e), by striking ``of each international
financial institution to which'' and inserting ``at each
international financial institution of which''; and
(4) in subsection (f)(2)(B)(ii), by striking ``(as defined in
section 40102 of title 49, United States Code)''.
SEC. 5. REPORT.
Section 8(a) of the Belarus Democracy Act of 2004 (Public Law 109-
480; 22 U.S.C. 5811 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
Act'' and inserting ``the Belarus Democracy and Human Rights Act of
2011'';
(2) in paragraph (1), by striking ``sale or delivery of weapons
or weapons-related technologies'' and inserting ``sale or delivery
or provision of weapons or weapons-related technologies or weapons-
related training'';
(3) in paragraph (2), by striking ``involved in the sale'' and
inserting ``or weapons-related training involved in the sale or
delivery or provision'';
(4) in paragraph (3), by inserting ``or weapons-related
training described in paragraph (1)'' before the period at the end;
and
(5) by adding at the end the following new paragraph:
``(5) The cooperation of the Government of Belarus with any
foreign government or organization for purposes related to the
censorship or surveillance of the Internet, or the purchase or
receipt by the Government of Belarus of any technology or training
from any foreign government or organization for purposes related to
the censorship or surveillance of the Internet.''.
SEC. 6. DEFINITIONS.
Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
22 U.S.C. 5811 note) is amended--
(1) in paragraph (1), by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign Affairs''; and
(2) in paragraph (3)--
(A) in subparagraph (B)(i), by striking ``and prosecutors''
and inserting ``, prosecutors, and heads of professional
associations and educational institutions''; and
(B) in subparagraph (C), by striking ``Lukashenka regime''
and inserting ``Government of Belarus''.
SEC. 7. FUNDING FOR REPORT.
The requirement to prepare and transmit the report required under
section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 22
U.S.C. 5811 note), as amended by section 5 of this Act, shall be
performed within current levels of authorized and appropriated funding.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Belarus Democracy and Human Rights Act of 2011 - Amends the Belarus Democracy Act of 2004 to express the sense of Congress that the President should continue to support radio, television, and Internet broadcasting to the people of Belarus in languages spoken in Belarus by Radio Free Europe/Radio Liberty, the Voice of America, European Radio for Belarus, and Belsat.
Includes among the criteria that the government of Belarus must meet in order to end U.S. sanctions: (1) release of individuals who were jailed based on political beliefs or expression in connection with the repression that attended the December 2010 presidential election; (2) prosecution of senior leadership of the government of Belarus responsible for violations of human rights violations, including human rights violations in connection with the presidential election; (3) withdrawal of politically motivated legal charges against opposition activists and independent journalists in connection with the presidential election; and (4) holding free and transparent presidential and parliamentary elections consistent with Organization for Security and Cooperation in Europe (OSCE) standards and under OSCE supervision.
Authorizes the denial of U.S. entry to members of the security or law enforcement services who have participated in the crackdown on opposition leaders, journalists, and peaceful protesters or in the persecution of religious groups or human rights defenders.
Requires that the President's annual Belarus report to Congress include information about government of Belarus cooperation with any foreign government or organization related to Internet censorship or surveillance or the purchase or receipt of any technology or training for such purposes. | {"src": "billsum_train", "title": "To reauthorize the Belarus Democracy Act of 2004."} | 3,025 | 309 | 0.56647 | 1.913019 | 0.639584 | 4.271127 | 10.228873 | 0.90493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Relief
Reauthorization Act of 1999''.
SEC. 2. FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.
(a) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for fiscal years 2001, 2002, and 2003 pursuant to
chapter 1 of part I of the Foreign Assistance Act of 1961, there are
authorized to be appropriated to the President $10,000,000 for fiscal
year 2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal
year 2003 to carry out section 130 of the Foreign Assistance Act of
1961.
(b) Availability of Funds.--Amounts appropriated pursuant to this
section shall remain available until expended.
SEC. 3. DOMESTIC TREATMENT CENTERS FOR VICTIMS OF TORTURE.
(a) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for the Department of Health and Human Services for
fiscal years 2001, 2002, and 2003, there are authorized to be
appropriated to carry out subsection (a) of section 5 of the Torture
Victims Relief Act of 1998 (22 U.S.C. 2152) $10,000,000 for fiscal year
2001, $10,000,000 for fiscal year 2002, and $10,000,000 for fiscal year
2003.
(b) Availability of Funds.--Amounts appropriated pursuant to this
section shall remain available until expended.
SEC. 4. MULTILATERAL ASSISTANCE.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal years 2001, 2002, and 2003 for ``Voluntary Contributions to
International Organizations'' pursuant to chapter 3 of part I of the
Foreign Assistance Act of 1961, there are authorized to be appropriated
for a United States contribution to the United Nations Voluntary Fund
for Victims of Torture (in this section referred to as the ``Fund'')
the following amounts for the following fiscal years:
(1) Fiscal year 2001.--For fiscal year 2001, $5,000,000.
(2) Fiscal year 2002.--For fiscal year 2002, $5,000,000.
(3) Fiscal year 2003.--For fiscal year 2003, $5,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of the Congress.--It is the sense of the Congress that
the President, acting through the United States Permanent
Representative to the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect treatment
centers and programs that are carrying out rehabilitative
services for victims of torture; and
(B) to encourage the development of new such centers and
programs;
(2) use the voice and vote of the United States to support the
work of the Special Rapporteur on Torture and the Committee Against
Torture established under the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment; and
(3) use the voice and vote of the United States to establish a
country rapporteur or similar procedural mechanism to investigate
human rights violations in a country if either the Special
Rapporteur or the Committee Against Torture indicates that a
systematic practice of torture is prevalent in that country.
SEC. 5. REPORTING REQUIREMENT.
Not later than 90 days after the enactment of this Act, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives on the specialized training for foreign
service officers required by section 7 of the Torture Victims Relief
Act of 1998 (Public Law 105-320). The report shall include detailed
information regarding--
(1) efforts by the Department of State to implement the
specialized training requirement;
(2) the curriculum that is being used in the specialized
training;
(3) the number of foreign service officers who have received
the specialized training as of the date of the report; and
(4) the nongovernmental organizations that have been involved
in the development of the specialized training curriculum or in
providing the specialized training, and the nature and extent of
that involvement.
SEC. 6. TECHNICAL AMENDMENTS RELATING TO THE SECOND SECTION 129 OF THE
FOREIGN ASSISTANCE ACT OF 1961.
(a) Amendment to Foreign Assistance Act of 1961.--The second
section 129 of the Foreign Assistance Act of 1961, as added by section
4(a) of the Torture Victims Relief Act of 1998 (Public Law 105-320), is
redesignated as section 130.
(b) Amendment to Torture Victims Relief Act of 1998.--Section
4(b)(1) of the Torture Victims Relief Act of 1998 is amended by
striking ``section 129 of the Foreign Assistance Act of 1961, as added
by subsection (a)'' and inserting ``section 130 of the Foreign
Assistance Act of 1961 (as redesignated by section 6(a) of the Torture
Victims Relief Reauthorization Act of 1999)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Torture Victims Relief Reauthorization Act of 1999 - Authorizes appropriations for FY 2001 through 2003 to: (1) the President to provide assistance in the form of grants to treatment centers and programs in foreign countries that are carrying out projects or activities specifically designed to treat victims of torture for the physical and psychological effects of such torture; (2) the Secretary of Health and Human Services to provide grants to programs in the United States to cover the costs of services provided by domestic treatment centers in the rehabilitation of victims of torture (including treatment of the physical and psychological effects of torture); and (3) the President for the U.S. contribution to the United Nations Voluntary Fund for Victims of Torture.
Expresses the sense of Congress that the President, through the U.S. Permanent Representative to the United Nations, should: (1) request the Fund to find new ways to support, and to encourage the development of new, treatment centers and programs that are carrying out rehabilitative services for victims of torture; (2) use the vote of the United States to support the work of the Special Rapporteur on Torture and the Committee Against Torture established under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (3) use the U.S. vote to establish a country rapporteur or similar mechanism to investigate human rights violations in a country if either the Special Rapporteur or the Committee Against Torture indicates that a systematic practice of torture is prevalent there.
Directs the Secretary of State to report to specified congressional committees on certain required specialized training with regard to victims of torture for Foreign Service officers.
Makes technical amendments to the Foreign Assistance Act of 1961 and the Torture Victims Relief Act of 1998. | {"src": "billsum_train", "title": "Torture Victims Relief Reauthorization Act of 1999"} | 1,144 | 371 | 0.624399 | 1.86085 | 0.652254 | 4.116564 | 3.030675 | 0.883436 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Investing in
Student Success Act of 2015''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
TITLE I--TAX TREATMENT OF INCOME-SHARE AGREEMENTS
Sec. 101. Definition of ``income-share agreement''.
Sec. 102. Tax treatment of proceeds and payments of future income.
Sec. 103. Terms and conditions of income-share agreement contracts.
Sec. 104. Rulemaking; model disclosure forms.
TITLE II--TREATMENT OF INCOME-SHARE AGREEMENTS UNDER STATE LAW
Sec. 201. Purpose; lawfulness of contracts; preemption of State law.
Sec. 202. Preemption of State law with respect to usury.
Sec. 203. Definitions.
TITLE III--QUALIFIED EDUCATION LOAN
Sec. 301. Qualified Education loan.
TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME-SHARE
AGREEMENTS
Sec. 401. Proceeds not treated as income in calculation of financial
need under the higher education act of
1965.
TITLE V--INVESTMENT COMPANY TREATMENT
Sec. 501. Businesses making income-share agreements excluded from
investment company treatment.
TITLE I--TAX TREATMENT OF INCOME-SHARE AGREEMENTS
SEC. 101. DEFINITION OF ``INCOME-SHARE AGREEMENT''.
For purposes of this title, the term ``income-share agreement''
means an agreement between an individual and any other person under
which the individual commits to pay a specified percentage of the
individual's future income, for a specified period of time, in exchange
for payments to or on behalf of such individual for use only for costs
associated with postsecondary education, as the regulations issued
pursuant to section 104(a) shall provide and which shall include the
costs of any items and expenses included as costs of attendance under
section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).
SEC. 102. TAX TREATMENT OF PROCEEDS AND PAYMENTS OF FUTURE INCOME.
(a) Exclusion From Gross Income of Income-Share Agreement
Proceeds.--Payments made under an income-share agreement that complies
with the requirements of section 103 to or on behalf of the individual
who commits to pay a specified percentage of such individual's future
income to another person under such agreement, and any difference in
value of the payments to or on behalf of such individual and the total
amount paid by such individual, shall not be includible in the gross
income of such individual for purposes of the Internal Revenue Code of
1986.
(b) Treatment of Payments of Future Income.--Payments of future
income received by another person under an income-share agreement that
complies with the requirements of section 103 shall be treated for
purposes of the Internal Revenue Code of 1986--
(1) first, with respect to so much of such payments as does
not exceed the amount of the payments to which subsection (a)
applies with respect to such agreement, as a repayment of
investment in the contract which reduces the holder's basis in
such agreement, and
(2) second, as income on the contract which is includible
in gross income.
SEC. 103. TERMS AND CONDITIONS OF INCOME-SHARE AGREEMENT CONTRACTS.
(a) Terms and Conditions.--An income-share agreement complies with
the requirements of this section only if the contract complies with
each of the following conditions:
(1) Specified percentage of income.--The income-share
agreement shall specify the percentage of future income that
the individual subject to the agreement will be obligated to
pay, except that the agreement shall provide that for any year
covered by such agreement during which the individual has an
income that is less than $18,000 (as such amount is adjusted
pursuant to paragraph (8)) the individual shall not be required
to pay for such year any portion of the individual's income.
(2) Definition of income.--The income-share agreement shall
specify the definition of income to be used for purposes of
calculating an individual's obligation to pay under the
agreement.
(3) Annual limitation on obligation.--The percentage of
income required under the income-share agreement to be paid by
the individual subject to the agreement may not exceed a
percentage such that, when multiplied by $15,000 (as such
amount is adjusted pursuant to paragraph (8)), the product
exceeds the aggregate amount of periodic payments of principal
and interest that would be required to be paid during a 12-
month period under a comparable loan that bears interest at a
fixed annual rate of 20 percent.
(4) Aggregate limitation on obligation.--The income-share
agreement may not provide for the individual subject to the
agreement to pay under the agreement an amount of the future
income of such individual that, when added to any other amounts
of future income that such individual has agreed to pay under
any other income-share agreements to which such individual is
subject, equals a sum that at any time exceeds 15 percent of
the future income of such individual.
(5) Time-based limitation on obligation.--
(A) Limitation.--The income-share agreement may not
provide for the individual subject to the agreement to
assume a commitment to pay future income having a
commitment factor, that when added to the commitment
factors for any other income-share agreements to which
such individual is subject, equals a sum that exceeds
the maximum commitment factor.
(B) Commitment factor.--As used in this paragraph,
the term ``commitment factor'' means, with respect to
an income-share agreement, the product of--
(i) the percentage (expressed as a decimal)
of such future income required to be paid
during such period; and
(ii) the remaining number of years under
the agreement that future income is required to
be paid at such percentage.
(C) Maximum commitment factor.--As used in this
paragraph, the term ``maximum commitment factor''
means, with respect to an income-share agreement, 2.25
(which figure is the product of 7.5 percent and the
number of years in the longest allowable contract under
paragraph (6)(A)).
(6) Specified duration; extension of period.--
(A) Duration.--The income-share agreement shall
specify the maximum period of time during which the
individual will be obligated to pay a portion of the
individual's future income which may not, except as
provided in subparagraph (B), exceed 360 months.
(B) Extension of period.--The income-share
agreement may provide that such period may be extended
by a number of years that is equal to the number of
years during which the agreement is in force for which
the individual's annual income is below the dollar
amount specified in paragraph (3)(A) (as such amount is
adjusted pursuant to paragraph (8)).
(7) Early termination.--The income-share agreement shall
specify the terms and conditions by which the individual
subject to the agreement may extinguish the individual's
obligations under the agreement before the end of the payment
period specified in the agreement and any application extension
provided for in the agreement pursuant to paragraph (6)(B).
(8) Adjustment for inflation.--A dollar amount adjusted in
accordance with this paragraph shall be adjusted each year to
reflect changes in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor for the most recent 12-month period for
which such data are available.
(b) Required Disclosures.--An income-share agreement does not
comply with the requirements of this section unless the individual who
is committing under the agreement to pay future income is provided,
before entering into such agreement, a written document that clearly
and simply discloses--
(1) that the agreement is not a debt instrument, and that
the amount the individual will be required to pay under the
agreement--
(A) may be more or less than the amount provided to
the individual pursuant to the agreement; and
(B) will vary in proportion to the individual's
future income;
(2) that the obligations of the individual under the
agreement are not dischargeable under bankruptcy law, except in
a case that would impose an undue hardship on the debtor and
the debtor's dependents;
(3) whether the obligations of the individual under the
agreement may be extinguished by accelerating payments, and, if
so, under what terms;
(4) the duration of the individual's obligations under the
agreement (absent such accelerating payments), including any
circumstances under which the duration of the agreement would
be extended;
(5) the percentage of income the individual is committing
to pay under the agreement and the minimum amount of annual
income that, pursuant to subsection (b)(1), triggers the
individual's obligation under the agreement to make payments
for such year;
(6) the definition of income to be used for purposes of
calculating the individual's obligation under the agreement;
and
(7) a comparison of--
(A) the amounts an individual would be required to
pay under the income-share agreement at a range of
annual income levels, which income levels shall
correspond to the levels the individual might
reasonably be expected to make given the intended use
of the funds provided under the agreement, as
determined in accordance with guidance issued by the
Secretary of the Treasury; to
(B) the amounts required to be paid under a
comparable loan that bears interest at a fixed annual
rate of 10 percent.
(c) Non-Interference.--An income-share agreement represents an
obligation by the individual pay the specific percentage of future
income, but shall not be construed to give the contract holder any
rights over an individual's actions.
(d) Comparable Loan.--For purposes of this section, the term
``comparable loan'' means, with respect to an income-share agreement, a
loan that--
(1) has the same original principal amount as the total
amount of the payment or payments made under the income-share
agreement to or on behalf the individual subject to the
agreement;
(2) has the same term to maturity as the duration of the
income-share agreement; and
(3) is fully amortized over such term with monthly payments
of principal and interest.
SEC. 104. RULEMAKING; MODEL DISCLOSURE FORMS.
(a) In General.--The Secretary of the Treasury, in consultation
with such other agency heads as the Secretary considers appropriate,
may issue such regulations as may be necessary to carry out this title.
(b) Model Disclosure Forms.--
(1) In general.--Not later than the end of the 180-day
period beginning upon the date of the enactment of this Act,
the Secretary of the Treasury, after consultation with such
other agency heads as the Secretary considers appropriate,
shall promulgate a model disclosure form for the disclosures
required under section 103(b).
(2) Safe harbor.--Any person who uses the model disclosure
form promulgated pursuant to paragraph (1) and includes
accurate information required under section 103(b) to be
disclosed shall be deemed to have satisfied the requirements of
section 103(b).
TITLE II--TREATMENT OF INCOME-SHARE AGREEMENTS UNDER STATE LAW
SEC. 201. PURPOSE; LAWFULNESS OF CONTRACTS; PREEMPTION OF STATE LAW.
(a) Purpose.--It is the purpose of this title to authorize
individuals to enter into income-share agreements for the purposes of
obtaining funds for postsecondary education in exchange for agreeing to
pay to the holder of the contract a specified percentage of the
individual's future income for a specified period of time.
(b) Lawfulness of Contracts; Preemption of State Law.--Any income-
share agreement that complies with the requirements of section 103
shall be a valid, binding, and enforceable contract notwithstanding any
State law limiting or otherwise regulating assignments of future wages
or other income.
SEC. 202. PREEMPTION OF STATE LAW WITH RESPECT TO USURY.
An income-share agreement that complies with the requirements of
section 103 shall not be subject to State usury laws.
SEC. 203. DEFINITIONS.
As used in this title:
(1) State.--The term ``State'' includes, in addition to the
several States of the Union, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, American Samoa, the Virgin
Islands, the government of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands.
(2) State law.--The term ``State law'' means any law,
decision, rule, regulation, or other action having the effect
of a law of any State or any political subdivision of a State,
or any agency or instrumentality of a State or political
subdivision of a State, except that a law of the United States
applicable only to the District of Columbia shall be treated as
a State law (rather than a law of the United States).
TITLE III--QUALIFIED EDUCATION LOAN
SEC. 301. QUALIFIED EDUCATION LOAN.
(a) In General.--Paragraph (1) of section 221(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Such term includes any income-share agreement (as such term is
defined in section 101 of the Investing in Student Success Act of 2015)
that complies with the requirements of section 103 of such Act, except
that payments made by the taxpayer during the taxable year to meet an
income-share agreement obligation shall not be taken into account under
subsection (a).''.
(b) Information Reporting Not Required.--Subsection (e) of section
6050S of such Code is amended by inserting ``(without regard to the
last sentence thereof)'' after ``section 221(d)(1)''.
TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME-SHARE
AGREEMENTS
SEC. 401. PROCEEDS NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL
NEED UNDER THE HIGHER EDUCATION ACT OF 1965.
No portion of any amounts received by an individual for entering
into an income-share agreement (as such term is defined in section 101
of this Act) that complies with the requirements of section 103 of this
Act shall be included as income or assets in the computation of
expected family contribution for any program funded in whole or in part
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
TITLE V--INVESTMENT COMPANY TREATMENT
SEC. 501. BUSINESSES MAKING INCOME-SHARE AGREEMENTS EXCLUDED FROM
INVESTMENT COMPANY TREATMENT.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
(1) in paragraph (4), by inserting after ``industrial
banking,'' the following: ``income-share agreements (as such
term is defined in section 101 of the Investing in Student
Success Act of 2015),''; and
(2) in paragraph (5), by inserting ``, including income-
share agreements'' after ``services'' each place such term
appears. | Investing in Student Success Act of 2015 This bill authorizes an individual (i.e., a student) and another person (i.e., an investor) to enter an income-share agreement (ISA) in which the student agrees to pay a percentage of future income, for a specified period of time, in exchange for funds to pay for postsecondary educational expenses. An ISA that complies with specified terms and conditions and meets certain disclosure requirements is a valid, binding, and enforceable contract and is not subject to state laws that limit interest rates or regulate assignments of future income. The bill amends the Internal Revenue Code to include an ISA as a qualified education loan (a qualified education loan is not dischargeable in bankruptcy), but it prohibits a tax deduction for interest paid on an ISA (interest paid on a qualified education loan is tax deductible). Payments to a student under an ISA are not includible as: (1) gross income for tax purposes, or (2) income or assets for federal financial aid eligibility purposes under the Higher Education Act of 1965. The bill amends the Investment Company Act of 1940 to exclude as an investment company any person whose business substantially consists of making ISAs. | {"src": "billsum_train", "title": "Investing in Student Success Act of 2015"} | 3,463 | 263 | 0.502367 | 1.595723 | 0.665696 | 2.729614 | 13.133047 | 0.841202 |
SECTION 1. REAUTHORIZATION.
Section 5209 of the Competitiveness Policy Council Act (15 U.S.C.
4808) is amended--
(1) by striking ``1991 and 1992'' and inserting ``1993,
1994, 1995, and 1996''; and
(2) by striking ``$5,000,000'' and inserting
``$2,500,000''.
SEC. 2. RENAMING OF COUNCIL.
The Competitiveness Policy Council Act (15 U.S.C. 4801 et seq.) is
amended as follows:
(1) In the subtitle heading--
(A) insert ``National'' before ``Competitiveness'';
and
(B) strike ``Policy Council'' and insert
``Commission''.
(2) In section 5201--
(A) insert ``National'' before ``Competitiveness'';
and
(B) strike ``Policy Council'' and insert
``Commission''.
(3) In section 5202(b)(2)--
(A) insert ``National'' before ``Competitiveness'';
and
(B) strike ``Policy Council'' and insert
``Commission''.
(4) In section 5203--
(A) in the section caption, strike ``council'' and
insert ``commission'';
(B) insert ``National'' before ``Competitiveness'';
(C) strike ``Policy''; and
(D) strike ``Council'' each place it appears and
insert ``Commission''.
(5) In section 5204--
(A) in the section caption, strike ``council'' and
insert ``commission''; and
(B) strike ``Council'' and insert ``Commission''.
(6) In sections 5205 through 5208, strike ``Council'' each
place such term appears and insert ``Commission''.
(7) In section 5207, in the section caption, strike
``council'' and insert ``commission''.
(8) In section 5210--
(A) in paragraph (1)--
(i) insert ``National'' before
``Competitiveness'';
(ii) strike ``Policy''; and
(iii) strike ``Council'' each place it
appears and insert ``Commission''; and
(B) in paragraph (2)--
(i) insert ``National'' before
``Competitiveness''; and
(ii) strike ``Policy Council'' and insert
``Commission''.
SEC. 3. DUTIES OF THE COMMISSION.
Section 5204 of the National Competitiveness Commission Act (15
U.S.C. 4803) is amended by striking paragraphs (11) and (12) and
inserting the following:
``(11) prepare, publish, and distribute reports that--
``(A) contain the analysis and recommendations of
the Commission; and
``(B) comment on the overall competitiveness of the
United States economy, including the report described
in section 5208; and
``(12) submit an annual report to the President and to the
Congress on the activities of the Commission.''.
SEC. 4. EXECUTIVE DIRECTOR AND STAFF OF COMMISSION.
Section 5206 of the National Competitiveness Commission Act (15
U.S.C. 4805) is amended--
(1) in subsection (a)(1), by striking ``GS-18 of the
General Schedule'' and inserting ``the maximum rate payable
under section 5376 of title 5, United States Code'';
(2) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting before paragraph (3), as
redesignated, the following:
``(1) Full-time staff.--The Executive Director may appoint
such officers and employees as may be necessary to carry out
the functions of the Commission in accordance with the Federal
civil service and classification laws, and fix compensation in
accordance with the provisions of title 5, United States Code.
``(2) Temporary staff.--The Executive Director may appoint
such employees as may be necessary to carry out the functions
of the Commission for a period of not more than 1 year, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title, at rates not to exceed the maximum
rate payable under section 5376 of title 5, United States
Code.''; and
(3) in subsection (c), by striking ``GS-16 of the General
Schedule'' and inserting ``the maximum rate payable under
section 5376 of title 5, United States Code.''.
SEC. 5. POWERS OF THE COMMISSION.
Section 5207 of the National Competitiveness Commission Act (15
U.S.C. 4806) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Contracting Authority.--Within the limitation of
appropriations to the Commission, the Commission may enter into
contracts with State agencies, private firms, institutions, and
individuals for the purpose of carrying out its duties under this
subtitle.''.
SEC. 6. REPORTING REQUIREMENTS.
Section 5208 of the National Competitiveness Commission Act (15
U.S.C. 4807) is amended--
(1) by striking the caption and inserting the following:
``SEC. 5208. ANNUAL PUBLICATION OF ANALYSIS AND RECOMMENDATIONS.'';
(2) in subsection (a)--
(A) by striking the subsection heading and
inserting ``(a) Publication of Analysis and
Recommendations.--''; and
(B) by striking ``on'' and inserting ``not later
than''; and
(3) by adding at the end the following:
``(d) Other Reports.--The Commission may submit to the President
and the Congress such other reports containing analyses and
recommendations as the Commission deems necessary.''.
SEC. 7. REFERENCES IN FEDERAL LAW.
(a) Competitiveness Policy Council.--Any reference in Federal law
to the Competitiveness Policy Council shall be construed to be a
reference to the National Competitiveness Commission.
(b) Competitiveness Policy Council Act.--Any reference in Federal
law to the Competitiveness Policy Council Act shall be construed to be
a reference to the National Competitiveness Commission Act.
Passed the House of Representatives November 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Competitiveness Policy Council Act to rename it and to: (1) change the name of the Competitiveness Policy Council to the National Competitiveness Commission (Commission); and (2) reauthorize and extend the Commission.
Amends the National Competitiveness Commission Act (as renamed) to make technical changes with respect to Commission duties, powers, staff, and reporting requirements. | {"src": "billsum_train", "title": "To amend the Competitiveness Policy Council Act to provide for reauthorization, to rename the Council, and for other purposes."} | 1,526 | 84 | 0.547478 | 1.388021 | 0.423577 | 2.577465 | 19.070423 | 0.830986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grant's Tomb National Memorial Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) Ulysses S. Grant has been heralded as a national hero
by his contemporaries and by generations thereafter;
(2) Ulysses S. Grant led the Union army to victory,
bringing to an end the Civil War in 1865, assuring the
preservation of the United States of America, and resulting in
the emancipation of American slaves;
(3) Ulysses S. Grant served as the 18th President of the
United States from 1869 through 1877;
(4) Ulysses S. Grant demonstrated his commitment to
maintaining the rights of freed slaves by executing his
authority as Commander in Chief to command Federal troops to
protect the rights and freedoms of former slaves; and
(5) Ulysses S. Grant demonstrated his commitment to
rebuilding the Nation and restoring unity among the American
people.
(b) Purposes.--The purposes of this Act are--
(1) to pay tribute to Ulysses S. Grant;
(2) to restore, complete, and preserve in perpetuity the
Grant's Tomb National Memorial and surrounding areas which are
of National historical significance in a manner consistent with
the existing architectural, historical, and educational value
of the memorial's original design and purpose; and
(3) to educate present and future generations about the
life of Ulysses S. Grant and his contributions to the United
States.
SEC. 3. REDESIGNATION OF MEMORIAL AND ADMINISTRATION OF GRANT'S TOMB
NATIONAL MEMORIAL.
(a) Redesignation.--General Grant National Memorial, located at
Riverside Drive and West One Hundred and Twenty-Second Street in New
York, New York, is hereby redesignated as Grant's Tomb National
Memorial (hereafter in this Act referred to as the ``memorial'').
(b) Area Included.--The memorial shall consist of the tomb of
Ulysses S. Grant and the surrounding plaza area, as generally depicted
on the map entitled ``Grant's Tomb National Memorial'' and dated April
27, 1994. The map shall be on file and available for public inspection
in the offices of the National Park Service, Department of the
Interior.
(c) Administration.--The Secretary of the Interior (hereafter in
this Act referred to as the ``Secretary'') shall administer, promote,
preserve, restore, repair, and maintain the memorial in accordance with
this Act and 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 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4).
(d) Visitors Center.--(1) The Secretary shall design and construct
a visitors center (including public restrooms) at the memorial to aid
in the interpretation and maintain the historical significance of the
memorial.
(2) The visitors center shall--
(A) be established in consultation with the study
commission established under section 5; and
(B) be designed in a manner which is consistent with the
existing architectural and historical intent of the site and
which does not detract from the historical interpretation and
the scenic views of the memorial and the existing park area.
SEC. 4. LAND ACQUISITION; LEASE OR COOPERATIVE MANAGEMENT AGREEMENT.
(a) Acquisition.--The Secretary shall acquire from the city of New
York non-Federal lands located within the boundaries of the memorial as
depicted on the map referred to in section 3(b) by donation, purchase
with donated or appropriated funds, or exchange.
(b) Lease or Cooperative Management Agreement.--The Secretary may
lease non-Federal lands located within the boundary of the memorial or
enter into a cooperative agreement for the management of such lands to
carry out the purposes of this Act.
SEC. 5. STUDY COMMISSION.
(a) Establishment.--(1) The Secretary shall establish a study
commission of seven persons within 60 days after the date of enactment
of this Act which shall be composed of the president and at least three
members of the executive committee of the Grant Monument Association,
representatives of the community surrounding the memorial, and citizens
with a unique knowledge or expertise relating to the memorial. No
officer or employee of the Federal, State, or local government is
eligible for membership on the study commission.
(2) Members of the study commission shall serve without pay.
(3) The members of the study commission shall designate a chair of
the study commission.
(4) Upon request of the study commission, the Secretary shall
furnish on a reimbursable basis such administrative support services
(including staff, supplies, and facilities) as necessary for the study
commission to carry out its responsibilities under this Act.
(b) Duties.--The study commission shall review security and
maintenance at the memorial, as well as plan for interpretive programs
and for the complete restoration of the memorial, and within 180 days
after the date of their first meeting, submit a written report
regarding their study to the Secretary. The report shall include
proposed measures to improve security, maintenance, and interpretive
programs, including such improvements as may be required to be carried
out by April 27, 1997, which shall be based on the original plans of
the architect of the tomb, John H. Duncan, and the plans of architect
John Russell Pope, approved in 1928 by the Grant Monument Association.
The report shall also include an estimate of the capital costs and
general operating costs of implementing these proposed measures.
Following the submission of the report to the Secretary, the study
commission shall monitor the progress of the repairs being made to the
Tomb, and shall, until the study commission's termination as provided
herein, submit reports to the Secretary and the Congress on the
progress of such repairs as the commission deems necessary.
(c) Final Plan.--Not later than 90 days after the date on which the
report is submitted to the Secretary under subsection (b), the
Secretary shall review and evaluate the report and submit to the
Congress a final plan for the projects at the memorial to be fully
completed by April 27, 1997. Unless the Secretary reports to the
Congress that specific aspects of the study commission's report are
unreasonable; inconsistent with the existing architectural, historical,
and educational intent of the site; detract from, distort, or otherwise
compromise the historical interpretation or scenic views of the
memorial; or conflict with the purpose of this Act as described in
section 2(b), such final plan shall be entirely consistent with the
study commission's report. The final plan shall contain designs for the
site which are consistent with the existing architectural and
historical intent of the site and do not detract from or distort the
historical interpretation or scenic views of the memorial and the
existing park area.
(d) Meetings.--All meetings of the study commission shall be open
to the public. Interested persons may attend such meetings, appear
before the study commissions, or file statements related to the
purposes of this Act with the study commission.
(e) Termination; FACA.--(1) The study commission shall terminate no
later than three years after the date that it is established.
(2) The provisions of the Federal Advisory Committee Act (5 U.S.C.
Appendix; 86 Stat. 776), do not apply to the study commission.
SEC. 6. HONOR GUARD.
The Secretary of the Interior in coordination with the Secretary of
Defense, acting through the Secretary of the Army, shall provide no
less than three military guards who shall protect the memorial and the
site on a twenty-four hour basis every day in perpetuity, beginning no
later than the start of implementation of the final plan referred to in
section 5(c).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | Grant's Tomb National Memorial Act of 1994 - Redesignates General Grant National Memorial, located at Riverside Drive and West 122d Street, New York, New York, as Grant's Tomb National Memorial.
Requires the Secretary of the Interior to: (1) design and construct a visitors center at the Memorial to aid in its interpretation and to maintain its historical significance; and (2) acquire from the city of New York non-Federal lands located within the boundaries of the Memorial. Authorizes the Secretary to lease such lands or enter into a cooperative agreement for the management of them.
Requires the Secretary to establish a study commission to review security and maintenance at the Memorial as well as plan for interpretive programs and for the complete restoration of it and to submit a written report regarding such study to the Secretary. Directs the Secretary to: (1) submit a final plan for such projects consistent with such report to the Congress; and (2) in coordination with the Secretary of Defense, acting through the Secretary of the Army, to provide at least three military guards to protect the Memorial and the Site on a 24-hour basis every day in perpetuity.
Authorizes appropriations. | {"src": "billsum_train", "title": "Grant's Tomb National Memorial Act of 1994"} | 1,775 | 253 | 0.599432 | 1.778864 | 0.733029 | 4.261803 | 6.961373 | 0.93133 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drug Sentencing
Reform Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE
Sec. 101. Reduction in disparity in sentencing between crack and powder
cocaine.
Sec. 102. Sentencing guideline conforming changes and enhancements for
acts of violence during the course of a
drug trafficking offense.
TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE
Sec. 201. Increase in sentence for leadership role in drug offense.
Sec. 202. Limit on sentence when defendant has lesser role in the
offense.
Sec. 203. Elderly, nonviolent prisoner pilot program.
Sec. 204. Emergency amendment authority; effective date.
TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE
SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE.
(a) Amendment of the Controlled Substances Act.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended as follows:
(1) Ten-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(A)(ii) by striking ``5 kilograms'' and inserting
``4 kilograms''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(A)(iii) by striking ``50 grams'' and inserting
``200 grams''.
(2) Five-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(B)(ii) by striking ``500 grams'' and inserting
``400 grams''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(B)(iii) by striking ``5 grams'' and inserting
``20 grams''.
(b) Amendment of the Controlled Substances Import and Export Act.--
Section 1010 of the Controlled Substances Import and Export Act (21
U.S.C. 960) is amended as follows:
(1) Ten-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection (b)(1)(B)
by striking ``5 kilograms'' and inserting ``4
kilograms''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection (b)(1)(C)
by striking ``50 grams'' and inserting ``200 grams''.
(2) Five-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection (b)(2)(B)
by striking ``500 grams'' and inserting ``400 grams''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection (b)(2)(C)
by striking ``5 grams'' and inserting ``20 grams''.
(c) Conforming Change to Penalty for Possession.--Section 404(a) of
the Controlled Substances Act (21 U.S.C. 844(a)) is amended in the
fifth sentence by striking ``5 years'' and inserting ``1 year''.
SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES AND ENHANCEMENTS FOR
ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING
OFFENSE.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements to ensure--
(1) that guideline offense levels based upon the quantity
of powder cocaine and crack cocaine are consistent with the
amendments made by section 101; and
(2) that the guidelines provide an appropriate additional
penalty increase of from 2 to 8 offense levels if the defendant
used violence, made a credible threat to use violence, directed
the use or threatened use of violence, or possessed a firearm,
or other dangerous weapon, during the course of a drug
trafficking offense.
TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE
SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE IN DRUG OFFENSE.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements to ensure an additional increase of at
least 2 offense levels if--
(1) the defendant, as an organizer, leader, manager, or
supervisor of drug trafficking activity, is subject to an
aggravating role enhancement under the guidelines; and
(2) the offense involved 1 or more of the following super-
aggravating factors--
(A) the defendant--
(i) used another person to purchase, sell,
transport, or store controlled substances;
(ii) used impulse, fear, friendship,
affection, or some combination thereof to
involve such person in the offense;
(iii) and such person had a minimum
knowledge of the illegal enterprise and was to
receive little or no compensation from the
illegal transaction;
(B) the defendant maintained an establishment for
the manufacture or distribution of a controlled
substance, as generally described in section 406 of the
Controlled Substances Act (21 U.S.C. 856);
(C) the defendant--
(i) distributed a controlled substance to a
person under the age of 18 years, a person over
the age of 64 years, or a pregnant individual;
or
(ii) involved a person under the age of 18
years, a person over the age of 64 years, or a
pregnant individual in drug trafficking;
(D) the defendant bribed, or attempted to bribe, a
Federal, State, or local law enforcement official in
connection with a drug trafficking offense;
(E) the defendant was involved in the importation
into the United States of a controlled substance; or
(F) the defendant committed the drug trafficking
offense as part of a pattern of criminal conduct
engaged in as a livelihood.
SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS LESSER ROLE IN THE
OFFENSE.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend, as appropriate, the
Federal sentencing guidelines and policy statements to ensure that--
(1) if the defendant is subject to a minimal role
adjustment under the guidelines, the base offense level for
such a defendant based solely on drug quantity shall not exceed
level 32; and
(2) there shall be an additional reduction of 2 offense
levels, if the defendant--
(A) otherwise qualifies for a minimal role
adjustment under the guidelines and had a minimum
knowledge of the illegal enterprise;
(B) was to receive little or no compensation from
the illegal transaction; and
(C) acted on impulse, fear, friendship, or
affection when the defendant was otherwise unlikely to
commit such an offense.
SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence'' has
the meaning given the term in section 16 of title 18, United
States Code.
(2) Designated facility.--The term ``designated facility''
means a Federal penitentiary designated by the Attorney General
as appropriate for the pilot program.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Prisons.
(4) Eligible prisoner.--The term ``eligible prisoner''
means a prisoner in the custody of the Bureau of Prisons who--
(A) is not less than 65 years of age;
(B) is serving a term of imprisonment after
conviction for an offense other than a crime of
violence and has served the greater of 10 years or \1/
2\ of the term of imprisonment;
(C) has not been convicted in the past of any
Federal or State crime of violence;
(D) has not been determined by the Bureau of
Prisons, on the basis of information the Bureau uses to
make custody classifications, and in the sole
discretion of the Bureau, to have a history of
violence;
(E) has not escaped, or attempted to escape, from a
Bureau of Prisons facility; and
(F) has not been determined by the Director,
pursuant to the disciplinary system of the Bureau of
Prisons, to have committed an infraction involving an
act of violence.
(5) Home detention.--The term ``home detention'' has the
same meaning given the term in the Federal Sentencing
Guidelines, and includes detention in a nursing home or other
residential long-term care facility.
(6) Pilot program.--The term ``pilot program'' means the
pilot program carried out in accordance with this section.
(7) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment ordered
to run consecutively or concurrently, which shall be treated as
a single, aggregate term of imprisonment for purposes of this
section.
(b) Program Established.--
(1) In general.--Notwithstanding section 3624 of title 18,
United States Code, or any other provision of law, the Director
shall carry out a pilot program at 1 or more designated
facilities, under which the Director shall, in accordance with
paragraph (2), place each prisoner who is determined to be an
eligible prisoner on home detention until the date on which the
term of imprisonment to which the eligible prisoner was
sentenced expires.
(2) Timing of release.--In carrying out the pilot program,
the Director shall place an eligible prisoner on home detention
under paragraph (1)--
(A) with respect to a prisoner who is determined to
be an eligible prisoner on or before the date that is
90 days after the date of enactment of this Act, not
later than 180 days after the date of enactment of this
Act; and
(B) with respect to a prisoner who is determined to
be an eligible prisoner after the date that is 90 days
after the date of enactment of this Act and before the
date that is 3 years and 91 days after such date of
enactment, not later than 90 days after the date of
such determination.
(3) Violation of terms of home detention.--A violation of
the terms of the home detention, including the commission of
another Federal, State, or local crime, shall result in the
return of an eligible prisoner to the form of custody of that
prisoner prior to being placed on home detention.
(c) Program Evaluation.--
(1) In general.--The Director shall contract with an
independent organization to monitor and evaluate the progress
of each prisoner released under the pilot program during the 3-
year period beginning on the date of such release.
(2) Annual report.--The organization described in paragraph
(1) shall annually submit to the Director and to Congress a
report on the pilot program, which shall include--
(A) an evaluation of the effectiveness of the pilot
program in providing successful transition to eligible
prisoners from incarceration to the community,
including data relating to the recidivism rates for
those prisoners; and
(B) the cost savings to the Federal Government
resulting from the early removal of eligible prisoners
from incarceration.
SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFECTIVE DATE.
(a) Emergency Amendment Authority.--
(1) In general.--The United States Sentencing Commission,
in its discretion, may--
(A) promulgate amendments pursuant to the
directives in this Act in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of
1987 (28 U.S.C. 994 note), as though the authority
under that section had not expired; and
(B) pursuant to the emergency authority provided in
paragraph (1), make such conforming amendments to the
Sentencing Guidelines as the Commission determines
necessary to achieve consistency with other guideline
provisions and applicable law.
(2) Promulgation.--The Commission shall promulgate any
amendments under paragraph (1) promptly, so that the amendments
take effect on the same date as the amendments made by this
Act.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
Act and the amendments made by this Act shall apply to any
offense committed on or after 180 days after the date of
enactment of this Act. There shall be no retroactive
application of any portion of this Act.
(2) Applicability.--This subsection shall not apply to
section 203 of this Act. | Drug Sentencing Reform Act of 2006 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to to decrease mandatory minimum sentencing thresholds for powder cocaine and increase such thresholds for crack cocaine.
Directs the U.S. Sentencing Commission to review and amend federal sentencing guidelines to: (1) reflect changes to mandatory minimum sentences made by this Act; (2) provide increased sentences for defendants who use violence or weapons in the course of a drug trafficking offense or who play an active role in the commission of such offenses; and (3) limit sentencing for defendants who play a lesser role in the commission of drug offenses and who receive little or no compensation from their crime.
Requires the Director of the Bureau of Prisons to carry out a pilot program for home detention of nonviolent prisoners age 65 or older. | {"src": "billsum_train", "title": "A bill to reduce the disparity in punishment between crack and powder cocaine offenses, to more broadly focus the punishment for drug offenders on the seriousness of the offense and the culpability of the offender, and for other purposes."} | 3,031 | 191 | 0.610268 | 1.561561 | 0.746178 | 2.356688 | 16.43949 | 0.878981 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower
Improvement Act of 2010''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Sense of Congress on the use of hydropower renewable resources.
Sec. 5. Grants for improvements for increased hydropower production.
Sec. 6. Plan for research, development, and demonstration to increase
hydropower capacity.
Sec. 7. Notice of inquiry for minimal impact hydropower projects.
Sec. 8. FERC authority to extend preliminary permit terms.
Sec. 9. Streamlining review process for conduit hydropower projects.
Sec. 10. Non-Federal hydropower development at Bureau of Reclamation
projects.
Sec. 11. Pumped storage study.
Sec. 12. National Renewable Energy Deployment Program.
Sec. 13. Hydroelectric power worker training.
Sec. 14. Report on memorandum of understanding on hydropower.
Sec. 15. Nonapplication to Federal Power Marketing Administrations.
Sec. 16. Budgetary effects.
SEC. 2. FINDINGS.
Congress finds that--
(1) hydropower is the largest source of clean, renewable
electricity in the United States;
(2) as of the date of enactment of this Act, hydropower
resources, including pumped storage facilities, provide--
(A) 7 percent of the electricity generated in the
United States, avoiding 225,000,000 metric tons of
carbon emissions each year; and
(B) approximately 96,000 megawatts of electric
capacity in the United States;
(3) only 3 percent of the 80,000 dams in the United States
generate electricity so there is substantial potential for
adding hydropower generation to nonpower dams;
(4) in every State, a tremendous untapped growth potential
exists in hydropower resources, including--
(A) efficiency improvements and capacity additions;
(B) adding generation to nonpower dams;
(C) conduit hydropower;
(D) conventional hydropower;
(E) pumped storage facilities; and
(F) new marine and hydrokinetic resources; and
(5) improvements in increased hydropower production in the
United States have the potential--
(A) to create hundreds of thousands of new green
jobs during the next 15 years;
(B) to increase the clean energy generation of the
United States; and
(C) to provide ancillary benefits that include grid
reliability, energy storage, and integration services
for variable renewable resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conduit.--The term ``conduit'' means any tunnel, canal,
pipeline, aqueduct, flume, ditch, or similar manmade water
conveyance that is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not
primarily for the generation of electricity.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. SENSE OF CONGRESS ON THE USE OF HYDROPOWER RENEWABLE RESOURCES.
It is the sense of Congress that the United States should increase
substantially the capacity and generation of clean, renewable
hydropower resources which will improve environmental quality in the
United States and support hundreds of thousands of green energy jobs.
SEC. 5. GRANTS FOR IMPROVEMENTS FOR INCREASED HYDROPOWER PRODUCTION.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall establish in the Department of Energy
a program under which the Secretary shall make competitive grants to
eligible entities that--
(1) make efficiency improvements or capacity additions at
an existing hydroelectric power generating facility;
(2) add hydropower generation to a nonpower dam;
(3) develop pumped storage facilities;
(4) address aging infrastructure at existing hydroelectric
power generating facilities; and
(5) develop hydroelectric generation within existing
conduits.
(b) Administration.--
(1) In general.--The Secretary shall establish terms and
conditions, including eligibility, for the receipt of grants
under this section.
(2) Inclusions.--In carrying out this section, the
Secretary shall ensure that powerhouses and projects that
require new dam infrastructure are included among the eligible
entities that may receive grants under this section.
(c) Cost Sharing.--The Secretary shall carry out the program under
this section in compliance with sections 988 and 989 of the Energy
Policy Act of 2005 (42 U.S.C. 16352, 16353).
(d) Funding.--From amounts made available under section 625(e) of
the Energy Independence and Security Act of 2007 (42 U.S.C. 17204(e)),
the Secretary may use to carry out this section $50,000,000 for each of
fiscal years 2011 through 2015, of which not more than 20 percent of
the amount made available for a fiscal year may be used to carry out an
individual project.
SEC. 6. PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION TO INCREASE
HYDROPOWER CAPACITY.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Secretary shall establish, and submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives, a
plan--
(1) to facilitate through technology research, development,
and demonstration the increased use of hydropower renewable
resources in accordance with section 4; and
(2) to coordinate research and development on advanced
hydropower technologies.
(b) Administration.--The Secretary shall--
(1) implement the plan established under this section as
soon as practicable after the date of enactment of this Act;
and
(2) review and update the plan on an annual basis.
(c) Cost Sharing.--The Secretary shall carry out the program under
this section in compliance with sections 988 and 989 of the Energy
Policy Act of 2005 (42 U.S.C. 16352, 16353).
(d) Coordination.--The Secretary shall coordinate, to the maximum
extent practicable, activities under this section with other programs
of the Department of Energy and other Federal research programs.
(e) Funding.--From amounts made available under section 401(a) of
the American Clean Energy Leadership Act of 2009, the Secretary may use
to carry out this section $50,000,000 for each of fiscal years 2011
through 2015.
SEC. 7. NOTICE OF INQUIRY FOR MINIMAL IMPACT HYDROPOWER PROJECTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Minimal impact hydropower project.--The term ``minimal
impact hydropower project'' means--
(A) the addition of hydropower generation to an
existing nonpower dam if the addition of the project
will not cause any significant environmental impact; or
(B) closed-loop hydropower storage that does not
require any change in an existing diversion or
impoundment of a river, and otherwise will not cause
any significant environmental impacts under applicable
law.
(b) Notice of Inquiry.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a notice of
inquiry for the licensing of proposed minimal impact hydropower
projects that take not more than 2 years from the beginning of the
prefiling licensing process to the issuance of a license by the
Commission.
(c) Report.--Not later than 180 days after the completion of the
notice of inquiry under subsection (b), the Commission shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that describes the results of the notice of inquiry.
SEC. 8. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT TERMS.
Section 5 of the Federal Power Act (16 U.S.C. 798) is amended--
(1) by designating the first, second, and third sentences
as subsections (a), (c), and (d), respectively; and
(2) by inserting after subsection (a) (as so designated)
the following:
``(b) Extension.--The Commission may extend the term of a
preliminary permit once for not more than 2 additional years if the
Commission finds that the permittee has carried out activities under
the permit in good faith and with reasonable diligence.''.
SEC. 9. STREAMLINING REVIEW PROCESS FOR CONDUIT HYDROPOWER PROJECTS.
(a) In General.--Section 30 of the Federal Power Act (16 U.S.C.
823a) is amended--
(1) in subsection (a), by striking paragraphs (1) and (2)
and inserting the following:
``(1) is located on non-Federal lands or Federal lands; and
``(2) uses for the generation only the hydroelectric
potential of a conduit.''; and
(2) by adding at the end the following:
``(f) Savings Clause.--This section shall not apply to any
reclamation projects under which hydroelectric power development has
been reserved--
``(1) under Federal law or by regulation or order,
exclusively for development under Federal reclamation law; or
``(2) for non-Federal development under reclamation law.
``(g) Definition of Conduit.--In this section, the term `conduit'
means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar
manmade water conveyance that is operated for the distribution of water
for agricultural, municipal, or industrial consumption and not
primarily for the generation of electricity.''.
(b) Memorandum of Understanding on Conduit Hydropower Projects.--
Not later than 180 days after the date of enactment of this Act, the
Federal Energy Regulatory Commission shall enter into a memorandum of
understanding with relevant Federal agencies that have conditioning
authority under section 30(c)(1) of the Federal Power Act (16 U.S.C.
823a(c)(1))--
(1) to establish a coordinated and streamlined approach to
any environmental impact statement or similar analysis required
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) relating to the consideration of conduit
hydropower projects; and
(2) to develop and carry out an expedited approval process
for conduit hydropower projects.
(c) Public Workshops and Pilot Projects on Conduit Hydropower
Projects.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commissioner of Reclamation and the
Federal Energy Regulatory Commission shall conduct 3 public
workshops with relevant stakeholders, including water users and
the environmental community, to identify ways in which the
conduit approval process may be modified--
(A) to reduce barriers to conduit hydropower
projects, including barriers created by project costs
or the timeframe for approval and maintain adequate
environmental, health, and safety protections; and
(B) to develop pilot projects in conjunction with
voluntary participants to demonstrate flexible and
innovative ways to reduce barriers to conduit
hydropower while maintaining adequate environmental,
health, and safety protections.
(2) Report.--Not later than 180 days after the date of the
completion of the workshops under paragraph (1), the
Commissioner of Reclamation and the Federal Energy Regulatory
Commission shall submit to the appropriate committees of
Congress a report that describes any recommendations for the
conduit approval process developed in the workshops and pilot
projects described in paragraph (1).
(3) Funding.--From amounts made available under section
9503(f) of the Omnibus Public Land Management Act of 2009 (42
U.S.C. 10363(f)), the Secretary may use to carry out pilot
projects described in paragraph (1)(B) $5,000,000 for the
period of fiscal years 2011 through 2015, to remain available
until expended.
SEC. 10. NON-FEDERAL HYDROPOWER DEVELOPMENT AT BUREAU OF RECLAMATION
PROJECTS.
(a) Study of Non-Federal Hydropower Development at Bureau of
Reclamation Projects.--Not later than 180 days after the date of
enactment of this section, the Commissioner of Reclamation (in
consultation with the Federal Energy Regulatory Commission, preference
power customers, water users, and other interested stakeholders)
shall--
(1) conduct a study of barriers to non-Federal hydropower
development at Bureau of Reclamation projects; and
(2) report to Congress the results of the study.
(b) Memorandum of Understanding.--Not later than 180 days after the
date of enactment of this section, the Commissioner of Reclamation and
the Federal Energy Regulatory Commission shall develop and issue a
revised interagency memorandum of understanding to improve the
coordination and timeliness of the non-Federal development of
hydropower resources at Bureau of Reclamation projects.
SEC. 11. PUMPED STORAGE STUDY.
(a) In General.--The Secretary, in coordination with the Director
of the United States Geological Survey, shall conduct a study
(including identification) of Federal land that is well-suited for
pumped storage sites and is located near existing or potential sites of
intermittent renewable resource development, such as wind farms.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that describes the
results of the study conducted under subsection (a), including any
recommendations.
SEC. 12. NATIONAL RENEWABLE ENERGY DEPLOYMENT PROGRAM.
(a) In General.--Section 803 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17282) is amended by striking the
section heading and inserting ``national renewable energy deployment
program''.
(b) Definitions.--Section 803(a) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17282(a)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively; and
(3) in paragraph (3)(B)(iv) (as so redesignated), by
striking ``Alaska small''.
(c) Renewable Energy Construction Grants.--Section 803(b) of the
Energy Independence and Security Act of 2007 (42 U.S.C. 17282(b)) is
amended--
(1) in paragraph (1), by inserting ``establish a national
renewable energy construction grants program under which the
Secretary shall'' after ``shall''; and
(2) by adding at the end the following:
``(5) Priority.--In making grants to eligible applicants to
carry out renewable energy projects under this section, the
Secretary shall give priority to applicants that--
``(A) have power costs that are 125 percent or more
of average national retail costs; or
``(B) will use the grant to construct renewable
electricity projects to replace fossil fuel
projects.''.
SEC. 13. HYDROELECTRIC POWER WORKER TRAINING.
Section 439(b) of the American Clean Energy Leadership Act of 2009
is amended in the second sentence--
(1) in paragraph (6), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) hydroelectric power technology.''.
SEC. 14. REPORT ON MEMORANDUM OF UNDERSTANDING ON HYDROPOWER.
Not later than 18 months after the date of enactment of this Act,
the President shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and Commerce of the
House of Representatives a report on actions taken by the Department of
Energy, the Department of the Interior, and the Corps of Engineers to
carry out the memorandum of understanding on hydropower entered into on
March 24, 2010, with particular emphasis on actions taken by the
agencies to work together and investigate ways to efficiently and
responsibly facilitate the Federal permitting process for Federal and
non-Federal hydropower projects at Federal facilities, within existing
authority.
SEC. 15. NONAPPLICATION TO FEDERAL POWER MARKETING ADMINISTRATIONS.
(a) In General.--This Act and the amendments made by this Act shall
not--
(1) apply to a hydroelectric project that provides power
marketed by a Federal Power Marketing Administration; or
(2) impact any additions, improvements, or replacements of
hydroelectric generation at Federal projects carried out by a
Federal Power Marketing Administration;
(b) Modifications.--Nothing in this Act limits the authority under
existing law of a Federal Power Marketing Administrator in the event
that operations at Federal projects with hydropower facilities are
modified.
SEC. 16. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Hydropower Improvement Act of 2010 - Expresses the sense of Congress that the United States should increase substantially the capacity and generation of clean, renewable hydropower resources which will improve environmental quality in the United States and support hundreds of thousands of green energy jobs.
Instructs the Secretary of Energy to establish: (1) a grants program for increased hydropower production; and (2) a plan for research, development, and demonstration to increase hydropower capacity.
Directs the Federal Energy Regulatory Commission (FERC) to issue a notice of inquiry for the licensing of proposed minimal impact hydropower projects that take not more than two years from the beginning of the prefiling licensing process to the issuance of a FERC license.
Amends the Federal Power Act to authorize FERC to extend the term of a preliminary permit once for not more than two additional years if it finds that the permittee has carried out activities under the permit in good faith and with reasonable diligence.
Directs FERC to enter into a memorandum of understanding with relevant federal agencies that have conditioning authority to: (1) establish a coordinated and streamlined approach to any environmental impact statement or similar analysis relating to the consideration of conduit hydropower projects; and (2) develop an expedited approval process for conduit hydropower projects.
Directs the Commissioner of Reclamation and FERC to conduct public workshops on and develop pilot conduit hydropower projects. Requires the Commissioner also to study and report to Congress on barriers to non-federal hydropower development at Bureau of Reclamation projects.
Instructs the Secretary to study and report to Congress about federal land that is well-suited for pumped storage sites and is located near existing or potential sites of intermittent renewable resource development, such as wind farms.
Amends the Energy Independence and Security Act of 2007 to direct the Secretary to establish a national renewable energy construction grants program.
Directs the President to report to Congress on actions taken by the Department of Energy (DOE), the Department of the Interior, and the U.S. Army Corps of Engineers to carry out the memorandum of understanding on hydropower entered into on March 24, 2010.
Declares this Act inapplicable to the Federal Power Marketing Administrations. | {"src": "billsum_train", "title": "A bill to improve hydropower, and for other purposes."} | 3,850 | 470 | 0.595425 | 1.989072 | 0.858978 | 5.74878 | 8.34878 | 0.94878 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Job Creation Act''.
SEC. 2. EMPLOYER PAYROLL INCREASE CREDIT.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS.
``(a) In General.--Each qualified employer shall be treated as
having made a payment against the tax imposed by section 3111(a) or
section 3221(a), whichever is applicable, for each qualified quarter in
an amount equal to the credit amount.
``(b) Credit Amount.--For purposes of this section, the credit
amount with respect to any qualified quarter is equal to 10 percent of
the qualified payroll increase of such employer for such qualified
quarter.
``(c) Dollar Limitation.--The total credit amount with respect to
any employer shall not exceed $500,000 for all qualified quarters.
``(d) Qualified Employer.--For purposes of this section, the term
`qualified employer' means any American employer other than the United
States, any State, or any instrumentality thereof.
``(e) Qualified Payroll Increase.--For purposes of this section--
``(1) In general.--The term `qualified payroll increase'
with respect to any qualified quarter means the amount, if any,
by which a qualified employer's qualified payroll for such
quarter exceeds the qualified payroll for such quarter of the
calendar year preceding the year in which such qualified
quarter falls.
``(2) Qualified payroll.--The term `qualified payroll'
means the amount of all wages (within the meaning of section
3121(a)) paid or incurred by a qualified employer to the
employees of such employer, except that, with respect to each
such employee for any quarter of the employer, such wages shall
be taken into account only to the extent that such wages do not
exceed the contribution and benefit base as determined under
section 230 of the Social Security Act.
``(3) Railway labor.--In the case of remuneration subject
to the tax imposed by section 3221(a), paragraph (1) shall be
applied by substituting `all compensation (within the meaning
of section 3231(e))' for `all wages (within the meaning of
section 3121(a))'.
``(4) Special rule for large employers.--In the case of an
employer that employs 100 or more employees during the
qualified quarter, no qualified payroll increase shall be taken
into account for such qualified quarter unless the qualified
payroll increase with respect to such qualified quarter exceeds
3 percent of the qualified payroll for such quarter of the
calendar year preceding the year in which such qualified
quarter falls.
``(f) Qualified Quarter.--For purposes of this section, the term
`qualified quarter' means--
``(1) the calendar quarter which includes the date of the
enactment of the Small Business Job Creation Act, and
``(2) each of the 3 calendar quarters following such
quarter.
``(g) Definitions.--Except as provided in subsection (h)(1), any
term used in this section which is also used in section 3111 has the
same meaning as when used in such section.
``(h) Special Rules.--For purposes of this section--
``(1) Employee.--The term `employee' includes only
individuals who are citizens or lawful residents of the United
States who receive wages, remuneration, compensation, or tips
from an employer for work performed within a State or a
possession of the United States.
``(2) Maintenance of base employment requirement.--This
section shall not apply to any qualified employer for any
qualified quarter if the total number of employees of such
employer during such quarter is less than the total number of
such employees during the quarter preceding such quarter,
determined by not taking into account any employee who is a
seasonal employee during such preceding quarter.
``(3) Controlled groups.--All employers treated as a single
employer under section (a) or (b) of section 52 shall be
treated as a single employer for purposes of the dollar
limitation under subsection (c), except that any employer which
is not an American employer shall not be taken into account.
``(4) New employers.--
``(A) In general.--In the case of a qualified
employer which comes into existence after the date of
the enactment of the Small Business Job Creation Act
and before January 1, 2014--
``(i) the term `qualified quarter' means--
``(I) the first calendar quarter
for which such qualified employer is in
existence, and
``(II) each of the 3 quarters
following such quarter,
``(ii) the qualified payroll increase of
such employer for the quarter described in
clause (i)(I) shall be equal to the amount of
the employer's qualified payroll for such
quarter, and
``(iii) the qualified payroll increase of
such employer for any quarter described in
clause (i)(II) shall be the amount, if any, by
which the employer's qualified payroll for such
quarter exceeds the qualified payroll of the
quarter preceding such quarter.
``(B) Transition rule.--
``(i) In general.--In the case of a
qualified employer which comes into existence--
``(I) after the last day of the
calendar quarter which is 5 calendar
quarters before the date of the
enactment of the Small Business Job
Creation Act, and
``(II) before such date of
enactment,
the qualified payroll increase of such employer
for any transition quarter shall be the amount,
if any, by which the employer's qualified
payroll for such quarter exceeds the qualified
payroll of the quarter preceding such quarter.
``(ii) Transition quarter.--For purposes of
clause (i), the term `transition quarter' means
a qualified quarter with respect to which the
qualified payroll increase cannot be determined
under subsection (e)(1) solely because the
employer was not in existence during such
quarter of the calendar year preceding the year
in which such qualified quarter falls.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6433. Employer payroll increase credits.''.
(c) Notification.--Not later than 30 days after the date of the
enactment of this Act, the Commissioner of Internal Revenue shall
notify all employers required to withhold employment taxes under
chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment
and applicability of section 6433 of the Internal Revenue Code of 1986,
as added by this Act.
(d) Investigation and Report on Enforcement Actions.--Not later
than 6 months after the date of the enactment of this Act, and
quarterly thereafter, the Commissioner of Internal Revenue shall submit
a report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on the enforcement
measures taken to prevent and penalize fraud related to section 6433 of
the Internal Revenue Code of 1986, including such information as--
(1) general statistics related to the application of such
section,
(2) cases of fraud, and
(3) the status of investigatory and prosecutorial actions
related to such cases.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to calendar quarters beginning with the calendar quarter
which includes the date of the enactment of this Act. | Small Business Job Creation Act - Amends the Internal Revenue Code to allow an employer a credit against payroll tax liability equal to 10% of the increase of such employer's payroll in a calendar quarter over a corresponding quarter in the previous calendar year. Limits the total credit amount available for all quarters to $500,000. Denies such credit to any employer with 100 or more employees unless such employer shows an increase in payroll exceeding 3% in a calendar quarter. Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act, and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll tax credit allowed by this Act. | {"src": "billsum_train", "title": "Small Business Job Creation Act"} | 1,702 | 158 | 0.518351 | 1.340583 | 0.734634 | 2.881119 | 10.902098 | 0.881119 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Recovery
Homesteading Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to allow low-income families who were displaced from
their residences in a designated disaster area as a result of
Hurricane Katrina to return to their States, areas, or
communities by providing homeownership opportunities;
(2) to assist in the rebuilding of neighborhoods in
Alabama, Louisiana, and Mississippi that were damaged by
Hurricane Katrina, through strategies that promote
homeownership opportunities;
(3) to maximize the use of existing Federal resources to
assist State and local governments in providing homesteading
and other homeownership opportunities in a designated disaster
area; and
(4) to promote the cooperation at all levels of government
and the private sector, including nonprofit organizations, in
providing homesteading opportunities and other homeownership
opportunities that will facilitate the rebuilding of
neighborhoods in a designated disaster area.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Designated disaster areas.--The term ``designated
disaster area'' means any area in the States of Alabama,
Louisiana, and Mississippi that is the subject of a disaster
declaration by the President under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in response to Hurricane Katrina.
(2) Family.--The term ``family'' includes a family, as such
term is defined in section 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a), of 1 or more persons.
(3) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 80 percent of the
median income for the area, as determined by the Secretary,
with adjustments for family size, except that the Secretary may
establish an income ceiling higher or lower than 80 percent of
the median for the area if the Secretary finds that such a
variation is necessary because of prevailing levels of
construction costs or unusually high or low family incomes.
(4) Participating federal agency.--The term ``participating
Federal agency'' means a Federal agency the head of which is
referenced by title in section 4(b), and any other Federal
agency that transfers or conveys property for the purposes of
section 4.
(5) Responsible administering entity.--The term
``responsible administering entity'' means a unit of general
local government or a State in a designated disaster area, or a
public agency or other entity designated by a unit of general
local government or a State that is charged with administering
a homestead program approved under section 4(d).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, except as otherwise
specified.
SEC. 4. HOMESTEADING.
(a) Eligible Property.--The Secretary is authorized to transfer,
without payment, to a responsible administering entity, any real
property--
(1) which is either vacant or includes either a 1, 2, 3, or
4-family residence or multifamily project;
(2) to which the Secretary holds title, including property
conveyed to the Secretary by any other participating Federal
agency;
(3) which is not occupied by a person legally entitled to
reside there;
(4) which is requested by a responsible administering
entity for use in a homestead program;
(5) which is not--
(A) excess or surplus Federal property subject to
property disposition under title V of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411 et
seq.); or
(B) Federal property subject to disposition under a
base closure law, as defined in section 101(a)(17) of
title 10, United States Code; and
(6) which the Secretary determines is suitable for use in a
homestead program that is approved under subsection (d).
(b) Acquisitions and Reimbursements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture, the Secretary of Health and
Human Services, the Secretary of Veterans Affairs, and the head
of any other participating Federal agency are authorized to
transfer property to the Secretary, and the Secretary is
authorized to accept custody and accountability of such
property, to carry out this Act.
(2) Reimbursement.--
(A) In general.--The Secretary is authorized to
reimburse the Federal Housing Administration for
property--
(i) which the Secretary has acquired under
the National Housing Act (12 U.S.C. 1701 et
seq.) in the form of modification of subsidy
costs, as authorized in the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.); and
(ii) which the Secretary transfers for use
in connection with a local homestead program
approved by the Secretary under this section.
(B) Homestead program.--The Secretary is authorized
to reimburse a participating Federal agency in an
amount to be agreed upon by the Secretary and such
participating Federal agency for property that such
participating Federal agency transferred for use in
connection with a homestead program approved by the
Secretary under this section.
(C) Deposits.--Amounts to be reimbursed under this
paragraph shall be--
(i) deposited pursuant to the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), as applicable; or
(ii) made available to the agency to
address real property capital asset needs.
(3) Donated property.--The Secretary is authorized to
accept, manage, and convey residential property donated to the
Secretary by a nongovernmental entity for purposes of this Act.
(4) Reversal of transfer or conveyance.--
(A) In general.--Notwithstanding any other
provision of law, any real property transferred to the
Secretary by a participating Federal agency for
purposes of this Act shall be transferred back to that
participating Federal agency in the event that such
property is not conveyed to a responsible administering
entity under subsection (a).
(B) Reversions.--In the event of a conveyance to a
responsible administering entity for purposes of this
Act, if such responsible administering entity does not
dispose of such property within 18 months of the date
of such conveyance, such property and its proceeds
shall revert--
(i) to the Secretary; or
(ii) in the case of property transferred by
a participating Federal agency under paragraph
(1), to such participating Federal agency.
(c) Suitable Property for Homestead Program.--In determining the
suitability of a residential property for use in a homestead program,
the Secretary shall consider--
(1) the physical condition of the residential property,
including whether, upon rebuilding, or if repairs or
improvements are required, upon completion of such repairs or
improvements, the property--
(A) would meet local or applicable standards or
codes for habitation or occupancy;
(B) is likely to meet all Federal requirements for
flood insurance; and
(C) will otherwise not endanger the health or
safety of individuals residing within or nearby the
residential property;
(2) the estimated time for rebuilding or repairing the
property for residential use;
(3) the environment surrounding the property and the
suitability of the surrounding structures and the neighborhood
to be rebuilt and sustained as a viable community;
(4) the value of any repairs and improvements required by
the program;
(5) the benefits to the community and the reduced
administrative costs to the Federal Government which would
accrue from the expedited occupancy of the unoccupied property;
and
(6) the possible financial loss to the Federal Government
which may result from the transfer of the property without
payment.
(d) Approval Criteria.--The Secretary may approve a homestead
program carried out by a responsible administering entity, which
provides for the following:
(1) Equitable selection of participating families.--The
homestead program shall provide for an equitable procedure, as
prescribed by the Secretary, for selecting low-income families
that have been displaced from residences in a designated
disaster area, which procedure shall--
(A) give priority to low-income families who were
displaced from their residences in a particular
designated disaster area or who were displaced as
homeowners in a designated disaster area, or other
criteria as may be prescribed by the Secretary;
(B) take into account for each family described
under subparagraph (A), such family's--
(i) capacity to obtain assistance for the
rebuilding, repair, or maintenance of the
housing from private sources, community
organizations, or other sources; or
(ii) agreement to rebuild or repair the
housing by participating in a self-help sweat
equity housing program, or the family's
contribution to the surrounding community; and
(C) include such other criteria as the Secretary
determines appropriate.
(2) Initial occupancy agreement.--The homestead program
shall provide for the initial occupancy of unoccupied
residential property pursuant to a written agreement whereby
the family to whom such property is conveyed agrees--
(A) to occupy such property as a principal
residence for a period of not less than 5 years, or
such other time period as the Secretary may prescribe;
(B) to repair, or cause to be repaired or improved,
if housing is located on such property, all defects in
such housing that pose a substantial danger to health
and safety within 1 year of the date of such initial
conveyance, or within such other time period as may be
prescribed by the Secretary;
(C) to make, or cause to be made, such repairs and
improvements, if housing is located on such property,
to such housing as may be necessary to meet applicable
local standards for decent, safe, and sanitary housing
within 3 years after the date of initial occupancy, or
within such other time period as may be prescribed by
the Secretary;
(D) to build or cause to be built, if housing is
not located on the property, single family housing that
meets applicable local codes within 3 years after the
date of initial occupancy, or within such other time
period as may be prescribed by the Secretary;
(E) to permit reasonable periodic inspections at
reasonable times, and with notice reasonable in the
circumstances, for the purpose of determining
compliance with the agreement;
(F) to the revocation of such agreement upon any
material breach of the agreement, subject to penalties
under section 5; and
(G) to accept the conveyance from the responsible
administering entity of fee simple title to such
property without consideration upon compliance with the
agreement.
(3) Other criteria determined by the secretary.--The
homestead program shall meet such other criteria determined by
the Secretary to be appropriate for the program in light of the
location in which the program is to be administered, or
following consultation with State and local government
officials.
(e) Technical Support.--The Secretary is authorized to provide
technical assistance and other resources directly or indirectly for the
administration of homestead programs that meet the requirements of
subsection (d) and to families who are participants in such programs.
SEC. 5. COMPLIANCE.
(a) Compliance Monitoring.--The Secretary shall make such reviews
and audits as may be necessary or appropriate to determine whether
activities authorized to be carried out under this Act are carried out
in accordance with the requirements of this Act and other applicable
law.
(b) Compliance Actions.--In addition to any other actions
authorized by applicable law, if the Secretary determines that any
property transferred for use under a homestead program approved under
section 4 has been conveyed or used under the program in a manner
contrary to the provisions of section 4, the Secretary may take such
actions as the Secretary considers appropriate, including--
(1) imposing a civil money penalty on the responsible
administering entity, or the transferee of such entity, or
both, as appropriate, in an amount equal to not less than any
profit realized with respect to the conveyance or use of such
property contrary to the provisions of this Act;
(2) enforcing, revising, or releasing the restrictions
contained in any instruments of conveyance; or
(3) revoking the conveyance of the property to the
responsible administering entity or requiring the responsible
administering entity to revoke the conveyance of such property
to the family in accordance with procedures prescribed by the
Secretary.
(c) Judicial Enforcement.--The Attorney General of the United
States, at the request of the Secretary, may bring civil actions in any
district court of the United States to enforce this Act, and such court
shall have jurisdiction over such actions.
SEC. 6. NONDISCRIMINATION.
No person in the United States shall, on the grounds of race,
color, national origin, religion, disability, or sex, be excluded from
participation in the homestead program established under this Act.
SEC. 7. ENVIRONMENTAL REVIEW.
(a) In General.--Except as provided in subsection (b), the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) shall apply to all
activities under this Act.
(b) Exceptions.--The Secretary may, in consultation with Federal,
Tribal, State, and local governmental entities, as appropriate, waive
the requirements of the National Environmental Policy Act (42 U.S.C.
4321 et seq.), if the Secretary determines that such a waiver--
(1) will not frustrate the goals of the National
Environmental Policy Act or any other provision of law that
furthers the goals of that Act; and
(2) does not threaten the health or safety of the community
involved by posing an immediate or long-term hazard to
residents of that community.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act a
total of $300,000,000 for fiscal years 2006 through 2010.
SEC. 9. IMPLEMENTATION.
(a) In General.--To immediately implement this Act, the Secretary
shall, by notice, establish such requirements as may be necessary to
carry out this Act.
(b) Procedure for Notice.--The notice required under subsection (a)
shall--
(1) take effect upon issuance; and
(2) provide the opportunity for public comment.
(c) Final Regulations.--The Secretary shall issue final regulations
based on the notice required under subsection (a).
SEC. 10. SUNSET.
The Secretary shall not accept, transfer, or convey property under
this Act after 5 years from the date of enactment of this Act. | Hurricane Katrina Recovery Homesteading Act of 2005 - Authorizes the Secretary of Housing and Urban Development (HUD) to transfer, without payment, federally owned (including property transferred to the Secretary from other agencies) or otherwise donated suitable residential property to state or local governments for use in an approved homestead program carried out by such governments in Alabama, Louisiana, and Mississippi in areas designated disaster areas due to Hurricane Katrina. Authorizes reimbursement to agencies transferring property.
Sets forth approval criteria for a homestead program, including: (1) selection criteria that gives priority to displaced low-income families; (2) occupancy only pursuant to a written agreement which must be for a period of at least five years and which requires the occupant to make certain repairs.
Requires the Secretary to audit authorized activities and permits monetary and other penalties penalties for noncompliance.
Permits the waiver of certain environmental requirements.
Prohibits the transfer, acceptance, or conveyance of property under this Act five years after enactment. | {"src": "billsum_train", "title": "A bill to assist low-income families, displaced from their residences in the States of Alabama, Louisiana, and Mississippi as a result of Hurricane Katrina, by establishing within the Department of Housing and Urban Development a homesteading initiative that offers displaced low-income families the opportunity to purchase a home owned by the Federal Government, and for other purposes."} | 3,136 | 223 | 0.548306 | 1.72391 | 0.797039 | 1.968254 | 15.640212 | 0.835979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Americans Right of
Employment Act II'' or ``RARE Act II''.
SEC. 2. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED
EARLY RETIREMENT AGE.
(a) In General.--Section 203 of the Social Security Act (42 U.S.C.
403) is amended--
(1) in subsection (c)(1), by striking ``the age of
seventy'' and inserting ``early retirement age (as defined in
section 216(l))'';
(2) in paragraphs (1)(A) and (2) of subsection (d), by
striking ``the age of seventy'' each place it appears and
inserting ``early retirement age (as defined in section
216(l))'';
(3) in subsection (f)(1)(B), by striking ``was age seventy
or over'' and inserting ``was at or above early retirement age
(as defined in section 216(l))'';
(4) in subsection (f)(3)--
(A) by striking ``33\1/3\ percent'' and all that
follows through ``any other individual,'' and inserting
``50 percent of such individual's earnings for such
year in excess of the product of the exempt amount as
determined under paragraph (8),''; and
(B) by striking ``age 70'' and inserting ``early
retirement age (as defined in section 216(l))'';
(5) in subsection (h)(1)(A), by striking ``age 70'' each
place it appears and inserting ``early retirement age (as
defined in section 216(l))''; and
(6) in subsection (j)--
(A) in the heading, by striking ``Age Seventy'' and
inserting ``Early Retirement Age''; and
(B) by striking ``seventy years of age'' and
inserting ``having attained early retirement age (as
defined in section 216(l))''.
(b) Conforming Amendments Eliminating the Special Exempt Amount for
Individuals Who Have Attained Age 62.--
(1) Uniform exempt amount.--Section 203(f)(8)(A) of the
Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by
striking ``the new exempt amounts (separately stated for
individuals described in subparagraph (D) and for other
individuals) which are to be applicable'' and inserting ``a new
exempt amount which shall be applicable''.
(2) Conforming amendments.--Section 203(f)(8)(B) of the
Social Security Act (42 U.S.C. 403(f)(8)(B)) is amended--
(A) in the matter preceding clause (i), by striking
``Except'' and all that follows through ``whichever''
and inserting ``The exempt amount which is applicable
for each month of a particular taxable year shall be
whichever'';
(B) in clauses (i) and (ii), by striking
``corresponding'' each place it appears; and
(C) in the last sentence, by striking ``an exempt
amount'' and inserting ``the exempt amount''.
(3) Repeal of basis for computation of special exempt
amount.--Section 203(f)(8)(D) of the Social Security Act (42
U.S.C. 403(f)(8)(D)) is repealed.
(c) Additional Conforming Amendments.--
(1) Elimination of redundant references to retirement
age.--Section 203 of the Social Security Act (42 U.S.C. 403) is
amended--
(A) in subsection (c), in the last sentence, by
striking ``nor shall any deduction'' and all that
follows and inserting ``nor shall any deduction be made
under this subsection from any widow's or widower's
insurance benefit if the widow, surviving divorced
wife, widower, or surviving divorced husband involved
became entitled to such benefit prior to attaining age
60.''; and
(B) in subsection (f)(1), by striking clause (D)
and inserting the following: ``(D) for which such
individual is entitled to widow's or widower's
insurance benefits if such individual became so
entitled prior to attaining age 60,''.
(2) Conforming amendment to provisions for determining
amount of increase on account of delayed retirement.--Section
202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C.
402(w)(2)(B)(ii)) is amended--
(A) by striking ``either''; and
(B) by striking ``or suffered deductions under
section 203(b) or 203(c) in amounts equal to the amount
of such benefit''.
(d) Effective Date.--The amendments and repeals made by subsections
(a), (b), and (c) shall apply with respect to taxable years ending
after December 31, 2002.
SEC. 3. USE OF ALL YEARS IN COMPUTATION.
(a) Use of All Years of Earnings in Benefit Computation.--Section
215(b)(2)(B) of the Social Security Act (42 U.S.C. 415(b)(2)(B)) is
amended by striking clauses (i) and (ii) and inserting the following:
``(i)(I) for calendar years before 2010, the term `benefit
computation years' means those computation base years equal in
number to the number determined under subparagraph (A) plus the
applicable number of years determined under subclause (III),
for which the total of such individual's wages and self-
employment income, after adjustment under paragraph (3), is the
largest;
``(II) for calendar years after 2009, the term `benefit
computation years' means all of the computation base years; and
``(III) for purposes of subclause (I), the applicable
number of years is the number of years specified in connection
with the year in which such individual reaches early retirement
age (as defined in section 216(l)(2)), or, if earlier, the
calendar year in which such individual dies, as set forth in
the following table:
``If such calendar year is: The applicable number of years is:
Before 2001............................................ 0
2001................................................... 1
2002................................................... 2
2003................................................... 3
2004................................................... 4
2005................................................... 5
2006................................................... 6
2007................................................... 7
2008................................................... 8
2009................................................... 9;
``(ii) the term `computation base years' means the calendar
years after 1950, except that such term excludes any calendar
year entirely included in a period of disability; and''.
(b) Conforming Amendment.--Section 215(b)(1)(B) of the Social
Security Act (42 U.S.C. 415(b)(1)(B)) is amended by striking ``in those
years'' and inserting ``in an individual's benefit computation years
determined under paragraph (2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to benefit computation years beginning after December 31, 2000.
SEC. 4. ACTUARIAL ADJUSTMENT FOR RETIREMENT.
(a) Early Retirement.--
(1) In general.--Section 202(q) of the Social Security Act
(42 U.S.C. 402(q)) is amended--
(A) in paragraph (1)(A), by striking ``\5/9\'' and
inserting ``the applicable fraction (determined under
paragraph (12))''; and
(B) by adding at the end the following:
``(12) For purposes of paragraph (1)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/9\;
``(B) 2001, is \7/12\;
``(C) 2002, is \11/18\;
``(D) 2003, is \23/36\;
``(E) 2004, is \2/3\; and
``(F) 2005 or any succeeding year, is \25/36\.''.
(2) Months beyond first 36 months.--Section 202(q) of such
Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is
amended--
(A) in paragraph (9)(A), by striking ``five-
twelfths'' and inserting ``the applicable fraction
(determined under paragraph (13))''; and
(B) by adding at the end the following:
``(13) For purposes of paragraph (9)(A), the `applicable fraction'
for an individual who attains the age of 62 in--
``(A) any year before 2001, is \5/12\;
``(B) 2001, is \16/36\;
``(C) 2002, is \16/36\;
``(D) 2003, is \17/36\;
``(E) 2004, is \17/36\; and
``(F) 2005 or any succeeding year, is \1/2\.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to individuals who attain the age of 62 in
years after 1999.
(b) Delayed Retirement.--Section 202(w)(6) of the Social Security
Act (42 U.S.C. 402(w)(6)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking ``2004.'' and
inserting ``2004 and before 2007;''; and
(3) by adding at the end the following:
``(E) \17/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2006 and before
2009;
``(F) \3/4\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2008 and before
2011;
``(G) \19/24\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2010 and before
2013; and
``(H) \5/6\ of 1 percent in the case of an individual who
attains the age of 62 in a calendar year after 2012.''.
SEC. 5. NONREFUNDABLE CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL
RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following:
``SEC. 25B. CREDIT FOR INDIVIDUALS WHO WORK BEYOND NORMAL RETIREMENT
AGE.
``(a) In General.--In the case of a qualified individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the lesser of--
``(1) 10 percent of the amount of such tax, or
``(2) the earned income (as defined in section 32(b)(2)) of
such individual for such taxable year.
``(b) Application With Other Credits.--In determining any credit
allowed under this subpart, the tax imposed by this chapter shall
(before any other reductions) be reduced by the credit allowed under
subsection (a).
``(c) Qualified Individual.--For purposes of this section, the term
`qualified individual' means any individual who has attained retirement
age (as defined in section 216(l)(1) of the Social Security Act) before
the close of the taxable year.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following:
``Sec. 25B. Credit for individuals who
work beyond normal retirement
age.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Amends the Internal Revenue Code to allow a nonrefundable credit against income tax for qualified individuals who have attained early retirement age. | {"src": "billsum_train", "title": "RARE Act II"} | 2,906 | 29 | 0.416231 | 0.921128 | 0.170266 | 2.565217 | 102.869565 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fab Lab Classroom Modernization
Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--From the amounts made available pursuant to
section 9 for any fiscal year, the Secretary shall award a grant to
each State with an approved application under section 3.
(b) Grant Frequency.--The Secretary may not award more than 1 grant
under this Act to a State for a fiscal year.
(c) Award Amount Limit.--No grant awarded under this Act may exceed
$200,000.
SEC. 3. APPLICATION.
Each State desiring a grant under this Act shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require that shall include--
(1) a description of the State's proposed or existing
competitive subgrant program;
(2) a description of how the State's program will comply or
does comply with the requirements set forth in section 4; and
(3) any other information the Secretary may require.
SEC. 4. USE OF FUNDS.
(a) In General.--Each State that receives a grant under this Act
shall use the funds to--
(1) establish a program that complies with the requirements
set forth in this section under which the State awards, on a
competitive basis, subgrants to eligible entities; or
(2) expand an existing competitive subgrant program that
complies with such requirements.
(b) Limitation; Priority.--
(1) Limitation.--A State that receives a grant under this
Act may not use any of such grant to pay any administrative
costs associated with carrying out subsection (a).
(2) Priority.--In awarding subgrants under this section, a
State shall use not less than 15 percent of the grant received
under this Act to award such subgrants to eligible entities in
rural areas, except that a State may apply to the Secretary for
a waiver of the requirement under this paragraph.
(c) Subgrant Frequency.--A State may not award more than 1 subgrant
under this section to an eligible entity for a fiscal year.
(d) Subgrant Amount Limits.--A subgrant may not be awarded under
this section in an amount greater than--
(1) in the case of an eligible entity described in section
10(1)(A), $25,000; or
(2) in the case of an eligible entity described in section
10(1)(B), $50,000.
(e) Use of Subgrant.--
(1) In general.--An eligible entity that receives a
subgrant under this section shall use the subgrant for the
purposes of--
(A) purchasing equipment for use in a digital
fabrication laboratory; or
(B) providing professional development that relates
to the incorporation of the digital fabrication
laboratory into curriculum instruction.
(2) Limitation.--An eligible entity that receives a
subgrant under this section may not use any of such subgrant to
pay any administrative costs associated with carrying out
paragraph (1).
(f) Application.--An eligible entity that desires a subgrant under
this section shall, at such time and in such manner as the State that
awards the subgrant may require, submit an application to such State
that includes--
(1) an assurance that the eligible entity will adopt a
policy that any digital fabrication laboratory equipped using
subgrant funds shall be used predominantly for instructional
and educational purposes by students enrolled in one of the
eligible entity's elementary or secondary schools; and
(2) a description of--
(A) how the eligible entity plans to use the
subgrant;
(B) how ready the eligible entity is to purchase
equipment for a digital fabrication laboratory;
(C) the eligible entity's long-term plan for the
digital fabrication laboratory;
(D) how the eligible entity will incorporate the
digital fabrication laboratory into curriculum
instruction;
(E) how constructing the digital fabrication
laboratory aligns with the eligible entity's academic
goals;
(F) the extent to which the eligible entity plans
to partner with local businesses and other community
participants;
(G) the eligible entity's financial need;
(H) how, if applicable, the eligible entity has
utilized previous subgrant awards; and
(I) any other information the State may require.
(g) Matching Requirement.--
(1) In general.--Subject to paragraph (2), an eligible
entity receiving a subgrant under this section shall provide,
from non-Federal sources, an amount equal to the amount of the
subgrant (which may be provided in cash or in-kind) to carry
out the activities supported by the subgrant, except that an
eligible may use up to 5 percent of such amount for
administrative costs associated with carrying out such
activities.
(2) Waiver option authorized.--A State awarding a subgrant
under this section may waive all or part of the matching
requirement described in paragraph (1) for an eligible entity
if the State determines that applying the matching requirement
would--
(A) result in a serious financial hardship for the
eligible entity; or
(B) otherwise be inappropriate.
(h) Reporting Requirement.--
(1) In general.--At the end of each subgrant period, an
eligible entity receiving a subgrant under this section shall
submit, to the State that awards the subgrant, a performance
report that documents any information that the Secretary
determines to be appropriate.
(2) Performance report form.--The performance report
described in paragraph (1) shall be submitted on a form created
by the State that awards the subgrant and approved by the
Secretary before being used.
SEC. 5. MATCHING REQUIREMENT.
Each State that receives a grant under this Act shall provide, from
non-Federal sources, an amount equal to the amount of the grant to
carry out the activities described in section 3.
SEC. 6. STATE REPORTS.
Each State that receives a grant under this Act shall--
(1) at the end of the 1-year period that begins on the date
the State receives the grant, submit a report to the Secretary
containing any information the Secretary determines to be
appropriate; and
(2) in the case in which the State does not receive a grant
for the next fiscal year following the fiscal year for which
the grant was received, submit a report to the Secretary
containing any information the Secretary determines to be
appropriate at the end of a 2-year period that begins on the
date the State receives the grant.
SEC. 7. EVALUATION.
(a) In General.--The Secretary shall establish an evaluation
program to determine the efficacy of the grant program established by
this Act that shall commence 18 months after the first grant under this
Act is awarded.
SEC. 8. SUNSET.
The Secretary may not award grants under this Act after the end of
the 5-year period that begins on the date the Secretary awards the
first grant under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $10,000,000
for each of the fiscal years 2019 through 2023 to carry out this Act.
(b) Limitation.--Of the amounts appropriated pursuant to subsection
(a) for a fiscal year, the Secretary may not use more than 5 percent to
pay any administrative costs associated with carrying out section 1.
SEC. 10. DEFINITIONS.
In this Act:
(1) Digital fabrication laboratory.--The term ``digital
fabrication laboratory'' means a high-technology workspace that
is equipped with computer-controlled additive and subtractive
manufacturing components such as 3-dimensional printers, laser
engravers, computer numerical control routers, and plasma
cutters.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency; or
(B) a consortium of two or more local educational
agencies.
(3) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', ``professional development'', and
``secondary school'' have the meanings given the terms,
respectively, in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Existing competitive subgrant program.--The term
``existing competitive subgrant program'' means a competitive
subgrant program that is being carried out by a State as of the
date the State applies for a grant under this Act and under
which the State awards subgrants to eligible entities to
purchase equipment to be used in a digital fabrication
laboratory or provide professional development that relates to
the incorporation of the digital fabrication laboratory into
curriculum instruction.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' means each of the 50 States
and the District of Columbia. | Fab Lab Classroom Modernization Act This bill authorizes the Department of Education to award grants for FY2019-FY2023 to states for local educational agencies to purchase digital-fabrication laboratory equipment or to provide professional development related to incorporating a digital-fabrication laboratory into the curriculum. A digital-fabrication laboratory is a high-technology workspace that includes equipment such as three-dimensional printers and laser engravers. | {"src": "billsum_train", "title": "Fab Lab Classroom Modernization Act"} | 1,943 | 127 | 0.366833 | 0.98613 | 0.468363 | 1.691176 | 26.235294 | 0.838235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring the Effective Use of United
States Aid to Pakistan Act''.
SEC. 2. PROHIBITION ON PROVISION OF NON-SECURITY ASSISTANCE TO
PAKISTAN.
(a) Prohibition.--Notwithstanding any other provision of law,
assistance may not be provided to Pakistan under any provision of law
described in subsection (b).
(b) Provisions of Law.--The provisions of law referred to in
subsection (a) are the following:
(1) Sections 103, 105, 106, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of 1961
(``Development Assistance'').
(2) Chapter 4 of part II of the Foreign Assistance Act
(``Economic Support Fund'').
(3) Chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961 for global health activities (``Global Health and
Child Survival'').
(4) The Foreign Assistance Act of 1961 for the promotion of
democracy globally (``Democracy Fund'').
(5) Section 491 of the Foreign Assistance Act of 1961
(``International Disaster Assistance'').
(6) Any provision of law that authorizes the Secretary of
State to provide a contribution to the International Committee
of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs
(``Migration and Refugee Assistance'').
(7) Section 2(c) of the Migration and Refugee Assistance
Act of 1962 (``United States Refugee and Migration Assistance
Fund'').
(8) Title I of the Food for Peace Act (7 U.S.C. 1701 et
seq.) (relating to sales of agricultural commodities for
economic assistance and food security) and title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) (relating to grants to
provide agricultural commodities under emergency and private
assistance programs).
(9) Section 416(b) of the Agricultural Act of 1949 (7
U.S.C. 1431(b)) (relating to furnishing agricultural
commodities for carrying out programs of assistance in
developing countries and friendly countries).
(10) Title I of the Enhanced Partnership with Pakistan Act
of 2009 (relating to democratic, economic, and development
assistance for Pakistan).
(11) Any other related or similar provision of law,
including any provision of law authorizing contributions to
international organizations.
(c) Applicability.--The prohibition on assistance to Pakistan under
section 2(c) of the Migration and Refugee Assistance Act of 1962, as
described in subsection (b)(7) of this section, shall apply
notwithstanding section 2(f) of the Migration and Refugee Assistance
Act of 1962.
SEC. 3. REQUIREMENTS FOR PROVISION OF SECURITY ASSISTANCE TO PAKISTAN.
(a) Requirements.--Assistance may be provided to Pakistan under any
provision of law other than the provisions of law described in section
2(b) only during a period for which a certification described in
subsection (b) or a recertification described in subsection (c) is in
effect.
(b) Certification.--A certification referred to in subsection (a)
is a certification transmitted by the President to Congress that
contains a determination of the President that the Government of
Pakistan--
(1) is cooperating with the United States in efforts
against Al Qaeda, the Taliban, and associated terrorist groups,
including prevention of such groups from carrying out cross-
border attacks on neighboring countries;
(2) does not impede United States counterterrorism efforts;
and
(3) will use the assistance solely for the purpose of
border security, counter-terrorism, and law enforcement
activities directed against Al Qaeda, the Taliban, and
associated terrorist groups.
(c) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (b), and every 6 months thereafter--
(1) the President shall transmit to Congress a
recertification that the conditions described in subsection (b)
are continuing to be met; or
(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
(d) Rule of Construction.--The conditions described in subsection
(b) are in addition to the conditions contained in any provision of law
other than the provisions of law described in section 2(b) for the
provision of assistance to Pakistan.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act takes effect on the date of the enactment
of this Act.
(b) Applicability.--
(1) Section 2.--Section 2 applies with respect to amounts
allocated for assistance to Pakistan under the provisions of
law described in section 2(b) on or after the date of the
enactment of this Act.
(2) Section 3.--Section 3 applies with respect to amounts
allocated for assistance to Pakistan under any provision of law
other than the provisions of law described in section 2(b) for
each fiscal year beginning on or after the date of the
enactment of this Act. | Ensuring the Effective Use of United States Aid to Pakistan Act - Prohibits assistance to Pakistan under specified provisions of law.
Authorizes other assistance to Pakistan only during a period for which the President certifies (or recertifies) to Congress that the government of Pakistan: (1) is cooperating with the United States in efforts against Al Qaeda, the Taliban, and associated terrorist groups; (2) does not impede U.S. counterterrorism efforts; and (3) will use the assistance solely for the purpose of border security, counter-terrorism, and law enforcement activities directed against Al Qaeda, the Taliban, and associated terrorist groups. | {"src": "billsum_train", "title": "To prohibit non-security assistance to Pakistan, and for other purposes."} | 1,149 | 135 | 0.470924 | 1.322127 | 0.689946 | 6.840336 | 8.857143 | 0.957983 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Common Access Card Act of
2011''.
SEC. 2. SECURE MEDICARE CARD PILOT PROGRAM.
(a) Pilot Program Implementation (Phase I).--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall conduct a pilot
program under title XVIII of the Social Security Act for the
purpose of utilizing smart card technology for Medicare
beneficiary and provider identification cards in order to--
(A) increase the quality of care furnished to
Medicare beneficiaries;
(B) improve the accuracy and efficiency in the
billing for Medicare items and services furnished by
Medicare providers;
(C) reduce the potential for identity theft and
other unlawful use of Medicare beneficiary and provider
identifying information; and
(D) reduce waste, fraud, and abuse in the Medicare
program.
(2) Site requirements.--The Secretary shall conduct the
pilot program in at least 5 geographic areas in which the
Secretary determines there is a high risk for waste, fraud, or
abuse.
(3) Design of pilot program.--In designing the pilot
program, the Secretary shall provide for the following:
(A) Implementation of a system that utilizes a
smart card as a Medicare identification card for
Medicare beneficiaries and Medicare providers. Such a
card shall contain appropriate security features and
protect personal privacy.
(B) Issuance of a new smart card to all Medicare
beneficiaries participating in the pilot program. Such
card shall not have the Social Security number printed
on the front but, instead shall have such number stored
securely on the smart card chip along with other
information the Secretary deems necessary.
(C) Issuance of a new provider card to all Medicare
providers participating in the pilot program. Such card
shall include a photograph of the provider and shall
not have the Medicare provider number printed on the
front of the card but, instead shall have such number
stored securely on the smart card chip along with other
information the Secretary deems necessary.
(D) A process for enrollment of all Medicare
providers that includes--
(i) identity and certification
verification; and
(ii) utilization of biometric data, such as
fingerprints, for provider identification and
authentication.
(E) A process under which the cards issued under
subparagraphs (B) and (C) are used by both Medicare
beneficiaries and Medicare providers to verify
eligibility, prevent fraud, and authorize transactions.
(F) Distribution of necessary equipment, including
cards, card readers, kiosks, biometric readers, and
other materials or documents to Medicare beneficiaries
and providers at no cost to them.
(G) Regular monitoring and review by the Secretary
of Medicare providers' Medicare billings and Medicare
beneficiaries' Medicare records in order to identify
and address inaccurate charges and instances of waste,
fraud, or abuse.
(H) Reporting mechanisms for measuring the cost
savings to the Medicare program by reason of the pilot
program.
(I) Include provisions--
(i) to ensure that all devices and systems
utilized as part of the pilot program comply
with standards for identity credentials and
biometric data developed by the American
National Standards Institute and the National
Institute of Standards and Technology and
Federal requirements relating to
interoperability and information security,
including all requirements under the Health
Insurance Portability and Accountability Act of
1996;
(ii) to ensure that a Medicare
beneficiary's and provider's personal
identifying, health, and other information is
protected from unauthorized access or
disclosure through the use of at least two-
factor authentication;
(iii) for the development of procedures and
guidelines for the use of identification cards,
card readers, kiosks, biometric data and
readers, and other equipment to verify a
Medicare beneficiary's identity and eligibility
for services;
(iv) to ensure that each Medicare
beneficiary and provider participating in the
pilot program is informed of--
(I) the purpose of the program;
(II) the processes for capturing,
enrolling, and verifying their
eligibility and, with respect to
providers, their biometric data;
(III) the manner in which the
biometric data for providers will be
used; and
(IV) the steps that will be taken
to protect personal identifying,
health, and other information from
unauthorized access and disclosure;
(v) for addressing problems related to the
loss, theft, or malfunction of or damage to
equipment and any identifying documents or
materials provided by the Secretary;
(vi) for development of a hotline, Web
site, or other means by which Medicare
beneficiaries and providers can contact the
Secretary for assistance; and
(vii) for addressing problems related to
accessing care outside the pilot area and cases
where the individual faces issues related to
physical or other capacity limitations.
(4) Privacy.--Information on the smart card shall only be
disclosed if the disclosure of such information is permitted
under the Federal regulations (concerning the privacy of
individually identifiable health information) promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996.
(5) Disclosure exemption.--Information on the smart card
shall be exempt from disclosure under section 552(b)(3) of
title 5, United States Code.
(b) Expanded Implementation (Phase II).--Taking into account the
interim report under subsection (d)(2) the Secretary shall, through
rulemaking, expand the duration and the scope of the pilot program, to
the extent determined appropriate by the Secretary.
(c) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as the Secretary
determines to be appropriate for the conduct of the pilot program.
(d) Reports to Congress.--
(1) Plan.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report that contains a description of the design and
development of the pilot program, including the Secretary's
plan for implementation.
(2) Interim report.--Not later than 1 year after the pilot
program is first implemented, the Secretary shall conduct an
evaluation of the pilot program and submit an interim report to
Congress. Such an evaluation shall include an initial analysis
of the deployment of the program, the usability of the card
system, and the measures taken to protect beneficiary and
provider information.
(3) Additional report.--Not later than 2 years after the
date that the pilot program is first implemented, the Secretary
shall submit to Congress a report on the pilot program. Such
report shall contain a detailed description of issues related
to the expansion of the program under subsection (b) and
recommendations for such legislation and administrative actions
as the Secretary considers appropriate for implementation of
the program on a nationwide basis.
(e) Funding.--There are appropriated, from amounts in the Treasury
not otherwise appropriated, $29,000,000 for the design, implementation,
and evaluation of the pilot program. Amounts appropriated under the
preceding sentence shall remain available until expended.
(f) Definitions.--In this section:
(1) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to, or enrolled for,
benefits under part A of title XVIII of the Social Security Act
or enrolled for benefits under part B of such title.
(2) Medicare program.--The term ``Medicare program'' means
the health benefits program under title XVIII of the Social
Security Act.
(3) Medicare provider.--The term ``Medicare provider''
means a provider of services (as defined in subsection (u) of
section 1861 of the Social Security Act (42 U.S.C. 1395x)) and
a supplier (as defined in subsection (d) of such section),
including a supplier of durable medical equipment and supplies.
(4) Pilot program.--The term ``pilot program'' means the
pilot program conducted under this section.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) Smart card.--The term ``smart card'' means a secure,
electronic, machine readable, fraud-resistant, tamper-resistant
card that includes an embedded integrated circuit chip with a
secure micro-controller.
(g) Revision of Medicare Improvement Fund.--Section 1898(b)(1) of
the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following subparagraph:
``(A) fiscal year 2015, $246,000,000; and''; and
(2) by redesignating subparagraph (C) as subparagraph (B). | Medicare Common Access Card Act of 2011 - Establishes a pilot program under title XVIII (Medicare) of the Social Security Act in order to utilize smart card technology for Medicare beneficiary and provider identification cards. | {"src": "billsum_train", "title": "A bill to establish a smart card pilot program under the Medicare program."} | 1,871 | 47 | 0.634145 | 1.57546 | 0.686404 | 3.631579 | 46.421053 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Renewable Energy Promotion
Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Adaptive Management
and Environmental Fund established by section 3(c).
(2) Marine renewable energy.--The term ``marine renewable
energy'' means energy from--
(A) waves, tides, and currents in oceans,
estuaries, and tidal areas;
(B) free flowing water in rivers, lakes, man made
channels, and streams; and
(C) differentials in ocean temperature or ocean
thermal energy conversion.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. MARINE RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.
(a) Research and Development Program.--
(1) In general.--The Secretary shall establish a marine
renewable energy research and development program that is
focused on--
(A) developing new marine renewable energy
technologies;
(B) reducing the manufacturing and operation costs
of marine renewable energy technologies;
(C) increasing the reliability and survivability of
marine renewable energy facilities;
(D) integrating marine renewable energy into the
national electric grid;
(E) identifying opportunities for cross-pollination
and development of economies of scale between offshore
wind and marine renewable energy sources;
(F) identifying the environmental impacts of marine
renewable energy and ways to address any negative
impacts; and
(G)(i) applying advanced systems engineering and
system integration methods to identify critical
interfaces and develop open standards for marine
renewable energy;
(ii) transferring the resulting intellectual
property to industry stakeholders as public information
through published interface definitions, standards, and
demonstration projects; and
(iii) developing incentives for industry to comply
with the standards.
(2) Administration.--The program established under
paragraph (1) shall be separate from any wind and hydropower
program carried out by the Secretary.
(b) Marine-Based Energy Device Verification Program.--
(1) Establishment.--The Secretary shall establish a marine-
based energy device verification program to provide a bridge
from the wave, tidal, current, or thermal energy capture device
design and development efforts underway across the industry to
commercial deployment of marine renewable energy devices.
(2) Purposes.--The purposes of the program are to fund,
facilitate the development and installation of, and evaluate
marine renewable energy projects, in partnership with the
Electric Power Research Institute, the National Renewable
Energy Laboratory, the Pacific Northwest National Laboratory
Marine Sciences Laboratory, and the Sandia National
Laboratories, and in conjunction with universities and other
institutions of higher education, private business entities,
and other appropriate organizations, in order--
(A) to increase marine renewable energy experience;
and
(B) to build and operate enough candidate devices
to obtain statistically significant operating and
maintenance data.
(3) Objectives.--The objectives of the program include--
(A) verifying the performance, reliability,
maintainability, and cost of new marine renewable
energy device designs and system components in an
operating environment;
(B) providing States, regulators, utilities, and
other stakeholders with a valid opportunity to test and
evaluate marine renewable energy technology in new
areas;
(C) documenting and communicating the experience
from those projects for the benefit of utilities,
independent power producers, other nonutility
generators, device suppliers, and others in the marine
renewable energy development community; and
(D) resolving environmental issues through robust
characterization, reliable impact prediction, effective
monitoring, development and use of adaptive management,
and informing engineering design to improve
environmental performance.
(c) Adaptive Management and Environmental Fund.--
(1) Findings.--Congress finds that--
(A) the use of marine renewable energy technologies
can reduce contributions to global warming;
(B) marine renewable energy technologies can be
produced domestically;
(C) marine renewable energy is a nascent industry;
and
(D) the United States must work to promote new
renewable energy technologies that reduce contributions
to global warming gases and improve domestic energy
production.
(2) Fund.--
(A) Establishment.--There is established in the
Treasury of the United States a revolving fund, to be
known as the ``Adaptive Management and Environmental
Fund'', consisting of such amounts as are appropriated
to the Fund under subsection (d).
(B) Expenditures from fund.--
(i) In general.--Subject to clause (ii), on
request by the Secretary, the Secretary of the
Treasury shall transfer from the Fund to the
Secretary such amounts as the Secretary
determines are necessary to provide grants to
eligible entities to assist the entities in
complying with Federal, State, or local
regulatory permit requirements through
assessment and demonstration of the
environmental effects of marine renewable
energy projects (including environmental
studies, design, fabrication, deployment,
operating, monitoring, environmental
mitigation, and decommissioning costs).
(ii) Administrative expenses.--An amount
not exceeding 10 percent of the amounts in the
Fund shall be available for each fiscal year to
pay the administrative expenses necessary to
carry out this subsection.
(C) Transfers of amounts.--
(i) In general.--The amounts required to be
transferred to the Fund under this paragraph
shall be transferred at least monthly from the
general fund of the Treasury to the Fund on the
basis of estimates made by the Secretary of the
Treasury.
(ii) Adjustments.--Proper adjustment shall
be made in amounts subsequently transferred to
the extent prior estimates were in excess of or
less than the amounts required to be
transferred.
(3) Eligibility.--
(A) In general.--To be eligible for a grant under
this subsection, an entity shall provide to the
Secretary a regulatory permit that includes conditions
for the removal of the marine renewable energy project
supported by the grant if the permitting authority
finds that the marine renewable energy project has an
unacceptable adverse impact on the environment.
(B) Administration.--A marine renewable energy
project shall not be required to be removed in the
absence of a finding by the permitting authority that
the project has an unacceptable adverse impact.
(4) Public availability.--The results of any assessment or
demonstration conducted under this subsection shall be made
available to the public, except to the extent that the
assessment or demonstration contains information that is
protected from disclosure under section 552(b) of title 5,
United States Code.
(5) Audit requirements.--
(A) In general.--Any entity that receives a grant
under this subsection shall--
(i) track the use of grant funds from the
Fund; and
(ii) certify annually to the Secretary that
the grant funds were used only for purposes
authorized under this subsection.
(B) Procedures.--The Secretary shall establish
procedures to ensure that the Secretary is able to
oversee and audit the use of funds by eligible
entities.
(C) Annual audits.--The Secretary shall conduct an
audit, at least annually, of the use of grant funds
received under this subsection by each eligible entity.
(D) Ineligibility.--The Secretary may declare an
entity ineligible for a grant under this subsection on
a finding of inappropriate use of funding.
(6) Sunset provision.--
(A) Report.--The Secretary shall submit a report to
the appropriate committees of Congress if the Secretary
determines that the technologies and activities
supported under this subsection have achieved a level
of maturity that is sufficient to enable the program
authorized under this subsection to cease.
(B) Termination.--The program authorized under this
subsection and the Fund shall cease to exist effective
on the date of submission of a report described in
subparagraph (A).
(7) Administration.--The Secretary may use amounts in the
Fund to provide assistance to State resource agencies that are
processing applications for permits required for marine
renewables projects that have received assistance from the Fund
to assist staff with understanding and evaluating applications
and participating in the applicable Federal Energy Regulatory
Commission or Minerals Management Service regulatory process.
(8) Environmental requirement.--Nothing in this section
eliminates or otherwise affects any requirement imposed under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for each of fiscal
years 2010 through 2021. | Marine Renewable Energy Promotion Act of 2009 - Requires the Department of Energy (DOE) to establish a marine renewable energy research and development program, separate from any DOE wind and hydropower program, focused on: (1) developing new marine renewable energy technologies; (2) reducing the manufacturing and operation costs of such technologies; (3) increasing the reliability and survivability of marine renewable energy facilities; (4) integrating marine renewable energy into the national electric grid; (5) identifying opportunities for cross pollination and development of economies of scale between offshore wind and marine renewable energy sources; (6) identifying the environmental impacts of marine renewable energy and ways to address negative impacts; (7) applying advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine renewable energy; (8) transferring the resulting intellectual property to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (9) developing incentives for industry to comply with such standards.
Requires DOE to establish a marine-based energy device verification program to provide a bridge from the wave, tidal, current, or thermal energy capture device design and development efforts underway across the industry to commercial deployment of marine renewable energy devices. Sets forth as purpose of the Program to fund, facilitate the development and installation of, and evaluate marine renewable energy projects, in partnership with the Electric Power Research Institute, the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory Marine Sciences Laboratory, and the Sandia National Laboratories in order to: (1) increase marine renewable energy experience; and (2) build and operate enough candidate devices to obtain statistically significant operating and maintenance data.
Establishes an Adaptive Management and Environmental Fund to provide grants for complying with requirements through assessment and demonstration of the environmental effects of marine renewable energy projects. | {"src": "billsum_train", "title": "A bill to promote the development and use of marine renewable energy technologies, and for other purposes."} | 1,808 | 376 | 0.779258 | 2.389465 | 0.935262 | 5.283286 | 4.827195 | 0.966006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Protection Corps Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Federal authorities do not have sufficient manpower or
resources to patrol and defend the international borders of the
United States to prevent individuals from entering the United
States illegally.
(2) An ever-increasing number of heavily armed and
dangerous criminals, violent gang members, and drug smugglers
are entering the United States illegally over our international
borders.
(3) Federal and State law enforcement authorities have
identified an alarming increase in the number of foreign
nationals from countries with known connections to terrorist
organizations who are hiding among this crowd of dangerous
illegal immigrants, and camouflaging themselves among an
immense and rapidly growing number of foreign nationals who are
entering the United States illegally in search of work.
(4) The United States is at war with terrorist criminal
organizations and individuals from foreign nations who are
fanatically committed to the destruction of the United States,
who have repeatedly demonstrated their ability and willingness
to hide their true identities and their evil purposes, and who
will enter and move about the United States illegally and use
sneak attacks and any criminal means or method available to
them to cause the mass destruction of human life in the United
States.
(5) The history of the United States from the first days of
the American Revolution is filled with innumerable examples of
honorable and invaluable service by citizen volunteers,
organized into well-regulated local militias, who have ably
defended the frontiers and borders of the United States
whenever and wherever Federal military or law enforcement
authorities were unable or unwilling to do so.
(6) The uniquely devious, criminal, cowardly, and
fanatically determined nature of the terrorist criminal
organizations and individuals that have declared war on the
people of the United States compel the Congress to invoke its
constitutional authority to authorize all able-bodied and
eligible United States citizens to serve in a militia in
defense of our international borders under the direct command
and control of the Governors of the border States.
(7) Therefore, in light of these facts, in response to the
continuing threat of these terrorist criminal organizations to
carry out future attacks on the people of the United States
similar to the terrorist attacks of September 11, 2001, and in
order to quickly supplement the inadequate manpower and
resources now deployed by the Federal Government in defense of
our international borders, it is necessary to invoke
congressional authority under article 1, section 8, of the
Constitution, to call forth ``the Militia to execute the Laws
of the Union'', to provide authorization and funding for
``organizing, arming, and disciplining, the Militia'', and to
assist the States with statutory guidance and funding to
provide for the common defense of the lives, liberty, and
domestic tranquility of the people of the United States.
SEC. 3. PROGRAM AUTHORIZED.
(a) In General.--The Governor of a State on an international border
of the United States is authorized to establish and command a militia,
to be known as the ``Border Protection Corps'' for the State. The
Border Protection Corps for a State shall include only United States
citizens with no criminal history and no history of mental illness.
Such militia shall be called into service by the Governor of the State
for the purpose of patrolling and defending the international border of
the State with Canada or Mexico, in order to prevent individuals from
crossing the international border and entering the United States at any
location other than an authorized port of entry. The members of the
militia shall work in cooperation with State and local law enforcement
officials, as directed by the Governor, and with the United States
Border Patrol. All members of the militia shall take an oath to uphold
the laws and Constitution of the United States and of the State, in a
form to be prescribed by the State, and shall have the right to keep
and bear arms.
(b) Limited by State Law.--All United States citizens called into
service by the Governor of a State under subsection (a) are authorized
to use any means and any force authorized by State law to prevent
individuals from unlawfully entering the United States at any location
other than a port of entry, and to take into custody individuals who
have so entered the United States. The Governor of a State is
authorized to call eligible United States citizens into service in the
militia, and to equip, train, discipline, and otherwise control the
operation of such militia forces in defense of the international
borders of the United States under such terms, conditions, and
requirements as are contained in the laws and constitution of the
State.
(c) Disposition of Detained Individuals.--All individuals taken
into custody under subsection (b) shall be promptly delivered to a
Federal law enforcement authority. A Federal law enforcement authority
may not release any individual so detained in the United States. All
such individuals shall be removed to the country from which they
entered the United States, but only after Federal law enforcement
authorities are fully satisfied that each individual so removed is not
a violent or dangerous criminal, a terrorist, or a potential terrorist,
in which case that individual shall be prosecuted in the United States
to the fullest extent provided by law.
SEC. 4. FUNDING.
(a) In General.--Any State whose Governor calls forth eligible
United States citizens into service in a militia to patrol and defend
the international borders of the United States in accordance with
section 3 shall be promptly reimbursed by the Secretary of Homeland
Security for funds expended by the State in accordance with such
section to pay the following costs:
(1) Costs of calling up eligible United States citizens to
serve in the militia.
(2) Costs of equipping, training, disciplining, and
otherwise controlling the operation of the militia, as well as
the costs of paying overtime to State and local law enforcement
and corrections officers engaged in duties relating to
activities authorized by this Act.
(3) Costs of detaining, housing, and transporting
individuals who unlawfully enter the United States at a
location other than a port of entry and are taken into custody
by the militia.
(b) Account.--Reimbursement under subsection (a) shall be made from
funds deposited into a separate account in the Treasury of the United
States entitled the ``Border Protection Corps Establishment and
Operation Account''. All deposits into the Border Protection Corps
Establishment and Operation Account shall remain available until
expended to the Secretary of Homeland Security to carry out subsection
(a).
(c) Transfer of Unexpended Homeland Security Funds.--
Notwithstanding any other provision of law, the Secretary of the
Treasury shall transfer and deposit into the Border Protection Corps
Establishment and Operation Account any funds that--
(1) were appropriated by a provision of law making
appropriations for the Department of Homeland Security for a
fiscal year;
(2) were made available until expended by such provision of
law; and
(3) have remained unexpended for a period of 2 years or
more.
SEC. 5. RELATIONSHIP TO NATIONAL GUARD AND OTHER AUTHORIZED DEFENSE
FORCES.
A Border Protection Corps established under this Act shall be
considered a defense force authorized by section 109(c) of title 32,
United States Code.
SEC. 6. REGULATIONS.
The Secretary of Homeland Security shall promptly issue regulations
governing the distribution of funds under section 4 of this Act for all
reasonable and necessary costs and other expenses incurred by a State
and the Border Protection Corps under this Act, and providing uniform
standards which the United States Border Patrol, Homeland Security
forces and all other federal law enforcement authorities shall follow
to implement the requirements of this Act. The provisions of this Act
shall take effect immediately upon enactment, and the promulgation of
any such regulations are not a necessary precondition to the immediate
deployment of the Border Protection Corps by the Governor of a State,
or to the work of local and state law enforcement authorities or
corrections officers as authorized by the Act. Any reasonable and
necessary expense or cost authorized by this Act incurred by the State
or the Border Protection Corps prior to the promulgation of such
regulations are eligible for reimbursement under the terms and
conditions of this Act.
SEC. 7. DEFINITION.
For purposes of this Act, the term ``State'' means any of the
several States of the United States that borders Canada or Mexico. | Border Protection Corps Act - Authorizes the governor of a state to establish and command a militia, to be known as the Border Protection Corps, for that state. Allows such a Corps to include only U.S. citizens with no criminal history and no history of mental illness. Requires such militia to be called into service to patrol and defend its international border to prevent individuals from entering the United States at any location other than an authorized port of entry. Requires militia members to work in cooperation with state and local law enforcement officials and the U.S. Border Patrol. Allows militia members to take individuals into custody, but requires individuals taken to be promptly delivered to a federal law enforcement authority.
Provides reimbursement through the Department of Homeland Security for a state's militia costs. | {"src": "billsum_train", "title": "To authorize the Governor of a State to organize and call into service a militia of able-bodied and eligible citizens to help prevent individuals from unlawfully crossing an international border and entering the United States anywhere other than a port of entry, to appropriate funds to support this service, and for other purposes."} | 1,789 | 169 | 0.422322 | 1.162971 | 0.672253 | 4.606897 | 11.993103 | 0.924138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement
Effectiveness Act of 2013''.
SEC. 2. COMMISSION ON CHILD SUPPORT.
(a) Establishment.--There is hereby established a Commission to be
known as the Commission on Child Support (referred to in this section
as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 15
members, to be appointed not later than 30 days after the date
of enactment of this Act, as follows:
(A) The majority and minority leaders of the
Senate, in consultation with the chairman and ranking
member of the Committee on Finance of the Senate, shall
jointly appoint 4 members.
(B) The Speaker and the minority leader of the
House, in consultation with the chairman and ranking
member of the Committee on Ways and Means of the House
of Representatives, shall jointly appoint 4 members.
(C) The Secretary of Health and Human Services
shall appoint 7 members.
(2) Qualifications.--The membership of the Commission shall
consist of individuals who are knowledgeable on issues
regarding child support and related activities and shall
include, among others, individuals representing the interests
of parents, including noncustodial parents.
(3) Period of appointment; quorum.--The provisions under
paragraphs (2) and (3) of section 126 of the Family Support Act
of 1988 (42 U.S.C. 666 note) providing for appointment of
members and quorum for transaction of business shall apply to
the Commission to the same extent and in the same manner as
those provisions applied to the Commission on Interstate Child
Support.
(4) Meetings.--
(A) Initial meeting.--Following appointment of all
of the members of the Commission, the first meeting of
the Commission shall be held on the first date for
which all members are available (as is determined by
the Secretary of Health and Human Services).
(B) Chairman.--During the first meeting of the
Commission, the Commission shall elect a chairman from
among its members.
(C) Other meetings.--Following the first meeting of
the Commission, any subsequent meetings shall be at the
call of the chairman or by a majority vote of the
membership.
(D) Open to the public.--All meetings of the
Commission shall be open to the public and any
interested persons shall be permitted to appear at open
meetings and present oral or written statements on the
subject matter of the meeting, subject to such
requirements and limitations as are determined
appropriate by the chairman. All meetings of the
Commission shall be preceded by timely public notice in
the Federal Register of the time, place, and subject of
the meeting.
(5) Compensation.--Members of the Commission are not
entitled to receive compensation for service on the Commission.
Members may be reimbursed for travel expenses, including per
diem in lieu of subsistence, as authorized by section 5703 of
title 5, United States Code.
(c) Duties.--
(1) Review of child support enforcement programs.--The
Commission shall conduct an evaluation of the effectiveness of
existing child support enforcement programs and collection
practices employed by State agencies administering programs
under part D of title IV of the Social Security Act (42 U.S.C.
651 et seq.), including a review of any unintended consequences
or performance issues associated with such programs and
practices.
(2) National conferences.--During fiscal years 2014 and
2015, the Commission shall hold 1 or more national conferences
on child support reform for purposes of preparing the report
described in paragraph (3).
(3) Report to congress.--Not later than October 1, 2015,
the Commission shall prepare and submit a report to Congress
that contains recommendations for such legislative and
administrative actions as the Commission determines appropriate
for improvement in child support enforcement, including the
following:
(A) Methods to enhance the effectiveness of child
support enforcement programs and collection practices,
as determined pursuant to the Commission's review of
such programs and practices under paragraph (1).
(B) Implementation of distribution policies that
ensure children are the beneficiaries of child support
paid by noncustodial parents.
(C) Fostering engagement by noncustodial parents in
their children's lives by consideration of parental
time and visitation with children in determining child
support, and the role for alternative dispute
resolution in making such determination.
(D) Development of best practices for purposes of
connecting custodial parents to services and support
programs, including services for parents who are
victims of domestic violence.
(E) Development of best practices for purposes of
employment support, job training, and job placement for
custodial and noncustodial parents.
(F) Establishment of services, supports, and child
support payment tracking for noncustodial parents,
including options for prevention and intervention on
uncollectible arrearages such as retroactive
obligations and Medicaid birthing costs.
(G) Development of options for States to collect
child support payments from individuals who owe
arrearages in excess of $2,500.
(d) Powers.--The provisions under section 126(e) of the Family
Support Act of 1988 providing for use of mails, donations, procurement
and contracting authority, and establishment of rules shall apply to
the Commission to the same extent and in the same manner as those
provisions applied to the Commission on Interstate Child Support.
(e) Termination.--The Commission shall terminate 60 days after
submission of the report described in subsection (c)(3).
(f) Funding.--
(1) Authorization of appropriations.--For purposes of
carrying out this section, there is authorized to be
appropriated $2,000,000 for the period of fiscal years 2014
through 2015.
(2) Unobligated amounts.--Any amounts made available under
this section that are unobligated on the date of the
termination of the Commission under subsection (e) shall be
returned to the Treasury of the United States.
SEC. 3. REINSTATEMENT OF FEDERAL MATCHING OF STATE SPENDING OF CHILD
SUPPORT INCENTIVE PAYMENTS.
Effective as if enacted on October 1, 2013, section 455(a)(1) of
the Social Security Act (42 U.S.C. 655(a)(1)) is amended by striking
``from amounts paid to the State under section 458 or''. | Child Support Enforcement Effectiveness Act of 2013 - Establishes the Commission on Child Support to evaluate the effectiveness of existing child support enforcement programs and collection practices employed by state agencies administering programs under part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA). Amends part D of SSA title IV to repeal the exclusion from federal matching payments of any amounts expended by a state from child support incentive payments it has received from the Secretary of Health and Human Services (HHS). (Thus reinstates federal matching of state spending of child support incentive payments.) | {"src": "billsum_train", "title": "Child Support Enforcement Effectiveness Act of 2013"} | 1,356 | 131 | 0.437928 | 1.083528 | 0.586904 | 3.672566 | 11.070796 | 0.858407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Election Campaign Reform Act
of 1997''.
SEC. 2. PROMOTING DISCLOSURE OF CAMPAIGN CONTRIBUTIONS AND
EXPENDITURES.
(a) Lowering Threshold for Reporting.--
(1) Responsibilities of political committees.--Section
302(c) of the Federal Election Campaign Act of 1971 (2 U.S.C.
432(c)) is amended by striking ``$200'' each place it appears
in paragraphs (3) and (5) and inserting ``$20''.
(2) Contents of reports.--Section 304(b) of such Act (2
U.S.C. 434(b)) is amended as follows:
(A) In paragraph (3), by striking ``$200'' each
place it appears in subparagraphs (A), (F), and (G) and
inserting ``$20''.
(B) In paragraph (5)(A), by striking ``$200'' and
inserting ``$20''.
(C) In paragraph (6), by striking ``$200'' each
place it appears in subparagraphs (A), (B)(iii), and
(B)(v) and inserting ``$20''.
(3) Reports on independent expenditures.--Section 304(c) of
such Act (2 U.S.C. 434(c)) is amended--
(A) in paragraph (1), by striking ``$250'' and
inserting ``$20''; and
(B) in paragraph (2)(C), by striking ``$200'' and
inserting ``$20''.
(b) Increase Penalty for Violation of Disclosure Requirements.--
(1) In general.--Section 309(a) of such Act (2 U.S.C.
437g(a)) is amended by inserting after ``$5,000'' each place it
appears in paragraphs (5)(A), (6)(A), and (6)(B) the following:
``(or $10,000 in the case of a violation of any provision
relating to the reporting of contributions or expenditures)''.
(2) Knowing and willful violations.--Section 309(a) of such
Act (2 U.S.C. 437g(a)) is amended by inserting after
``$10,000'' each place it appears in paragraphs (5)(B) and
(6)(C) the following: ``(or $20,000 in the case of a violation
of any provision relating to the reporting of contributions or
expenditures)''.
SEC. 3. BAN ON SOFT MONEY.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``limitations and reporting requirements for amounts paid for mixed
political activities
``Sec. 323. (a) In General.--Any payment by the national committee
of a political party or a State committee of a political party for a
mixed political activity--
``(1) shall be subject to limitation and reporting under
this Act as if such payment were an expenditure; and
``(2) may be paid only from an account that is subject to
the requirements of this Act.
``(b) Mixed Political Activity Defined.--As used in this section,
the term `mixed political activity' means, with respect to a payment by
the national committee of a political party or a State committee of a
political party, an activity (such as a voter registration program, a
get-out-the-vote drive, or general political advertising) that is both
for the purpose of influencing an election for Federal office and for
any purpose unrelated to influencing an election for Federal office.''.
SEC. 4. TREATMENT OF LIMITATIONS ON AMOUNT OF CONTRIBUTIONS.
(a) Reduction in Amount of Limitation on Contributions by PACs.--
Section 315(a)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(2)) is amended--
(1) by striking ``$5,000'' each place it appears in
subparagraphs (A) and (C) and inserting ``$4,000''; and
(2) in subparagraph (B), by striking ``$15,000'' and
inserting ``$12,000''.
(b) Indexing of Amounts.--Section 315(c) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended by adding at the end
the following new paragraph:
``(3)(A) The amount of each limitation established under subsection
(a) shall be adjusted as follows:
``(i) For calendar year 1999, each such amount shall be
equal to the amount described in such subsection, increased (in
a compounded manner) by the percentage increase in the price
index (as defined in subsection (c)(2)) for 1997 and 1998.
``(ii) For calendar year 2001 and each second subsequent
year, each such amount shall be equal to the amount for the
second previous year (as adjusted under this subparagraph),
increased (in a compounded manner) by the percentage increase
in the price index for the previous year and the second
previous year.
``(B) In the case of any amount adjusted under this subparagraph
which is not a multiple of $500, the amount shall be rounded to the
nearest highest multiple of $500.''.
SEC. 5. PROHIBITING CONTRIBUTIONS BY NONCITIZENS.
Section 319(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)) is amended to read as follows:
``(b) In this section, the term `foreign national' means--
``(1) in the case of an individual, an individual who is
not a citizen of the United States; or
``(2) in the case of any other person, a person who makes a
contribution any portion of which is attributable to funds of
individuals who are not citizens of the United States.''.
SEC. 6. TREATMENT OF CERTAIN EXPENDITURES AS INDEPENDENT EXPENDITURES
FOR PURPOSES OF DISCLOSURE REQUIREMENTS.
Section 301(17) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(17)) is amended by inserting after ``clearly identified
candidate'' the following: ``(together with, in the case of an
expenditure made during the 120-day period ending on the date of an
election, any expenditure made with respect to any written or broadcast
material which includes the name or likeness of a candidate in that
election)''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after 1996. | Federal Election Campaign Reform Act of 1997 - Amends the Federal Election Campaign Act of 1971 to lower the monetary threshold requirements with respect to: (1) political committee contribution and expenditure recordkeeping and reporting; and (2) independent expenditure reporting.
Subjects payments by national and State political party committees for mixed political activities (soft money) to account and expenditure limitation and reporting requirements.
Provides for limitation indexing.
Prohibits contributions by noncitizens.
Revises the definition of "independent expenditure" for disclosure purposes. | {"src": "billsum_train", "title": "Federal Election Campaign Reform Act of 1997"} | 1,604 | 111 | 0.514048 | 1.330044 | 0.880255 | 2.010101 | 13.414141 | 0.858586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Availability Act of
2008''.
SEC. 2. REQUIREMENT FOR PHYSICIAN AVAILABILITY IN ACUTE CARE HOSPITALS.
(a) In General.--Each covered hospital shall have a qualified
physician available in the hospital 24 hours a day, seven days a week
to attend to the needs of inpatients of the hospital.
(b) Definitions.--For purposes of this section:
(1) Covered hospital.--
(A) In general.--Subject to subparagraph (B), the
term ``covered hospital'' means a subsection (d)
hospital (as defined in section 1886(d)(1)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(B)) that--
(i) has a participation agreement in effect
under section 1866 of such Act (42 U.S.C.
1395cc);
(ii) is participating in the program under
title XIX of such Act; or
(iii) is receiving Federal funds under a
grant or cooperative agreement.
(B) Exclusion for federal facilities and small
hospitals.--Such term does not include a hospital
that--
(i) is a facility of the Federal
Government; or
(ii) the Secretary of Health and Human
Services determines has fewer than 100 licensed
beds (as defined by the Secretary).
(2) Physician; qualified physician.--
(A) The term ``physician'' means, with respect to a
hospital, an individual who is a doctor of medicine or
osteopathy legally authorized under State law to
practice medicine and surgery in that hospital.
(B) The term ``qualified physician'' means, with
respect to a hospital, an individual who is a physician
and whose credentials as such a physician have been
verified by the administration of the hospital (before
providing any services at the hospital) through
appropriate means, including verification through the
National Practitioner Databank.
(3) Physician availability.--A physician is considered to
be ``available'' in a hospital if--
(A) the physician is physically present in the
hospital;
(B) the physician's primary responsibility is to be
in attendance to serve the needs of the hospital's
inpatients without delay; and
(C) the physician is not physically present in,
assigned to, serving in, or expected to cover, the
hospital's emergency room or emergency department.
(c) Enforcement.--
(1) Warning.--If the Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') determines
that a hospital has violated subsection (a), in the first
instance the Secretary shall provide a written warning
regarding such violation to the hospital and shall notify the
Inspector General of the Department of Health and Human
Services (in this section referred to as the ``HHS Inspector
General'') of such violation. Subsequently, the HHS Inspector
General shall monitor the compliance of the hospital with the
requirement of subsection (a).
(2) Second violation.--After providing a warning to a
hospital under paragraph (1), if the Secretary determines that
the hospital subsequently and knowingly violates subsection
(a)--
(A) the hospital is subject to a civil money
penalty in an amount not to exceed $100,000, and
(B) the hospital shall submit to the HHS Inspector
General, by not later than 30 days after the date of
such a determination, a remedial plan to prevent future
violations of the requirement of such subsection.
The provisions of section 1128A of the Social Security Act (42
U.S.C. 1320a-7a), other than subsections (a) and (b) of such
section, shall apply to civil money penalties under
subparagraph (A) in the same manner as they apply to a penalty
or proceeding under subsection (a) of such section.
(3) Subsequent violations.--After imposing a civil money
penalty under paragraph (2) against a hospital, if the
Secretary determines that the hospital subsequently and
knowingly violates subsection (a), the Secretary may issue an
order disqualifying the hospital from participation in the
programs under titles XVIII and XIX of the Social Security Act
and from receipt of Federal funds under any grant or
cooperative agreement for such period as the Secretary
specifies and until the Secretary receives satisfactory
assurances that the hospital will be in substantial compliance
with the requirement of subsection (a).
(4) Failure to submit or comply with remedial plan.--If the
Secretary determines, after consultation with the HHS Inspector
General, that a hospital has failed to submit a satisfactory
remedial plan required under paragraph (2)(B) or is failing to
substantially carry out such a plan, the Secretary may suspend
payment of funds to the hospital under titles XVIII and XIX of
the Social Security Act and under Federal grants or cooperative
agreements until the Secretary receives satisfactory assurances
that such failures will not continue.
(d) Effective Date.--This section shall take effect on the first
day of the first month that begins more than 180 days after the date of
the enactment of this Act. | Physician Availability Act of 2008 - Requires each covered hospital to have a qualified physician available in the hospital 24 hours a day, seven days a week, to attend to the needs of the hospital's inpatients.
Defines a "covered hospital" to: (1) include hospitals participating in Medicare or Medicaid or receiving federal funds; and (2) exclude hospitals in a federal facility or hospitals that the Secretary of Health and Human Services determines have fewer than 100 licensed beds.
Considers a physician to be available if: (1) the physician is physically present in the hospital; (2) the physician's primary responsibility is to be in attendance to serve the needs of the hospital's inpatients without delay; and (3) the physician is not physically present in, assigned to, serving in, or expected to cover the hospital's emergency room or emergency department.
Sets forth penalties for violations. | {"src": "billsum_train", "title": "To assure that the services of a nonemergency department physician are available to hospital patients 24-hours-a-day, seven days a week in all non-Federal hospitals with at least 100 licensed beds."} | 1,150 | 190 | 0.644124 | 1.731644 | 0.781045 | 5.039773 | 5.801136 | 0.926136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Child Poverty Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Nearly 13,000,000, or nearly 1 in 5, children in the
United States who are younger than 18 live below the poverty
line.
(2) The parents of poor children are playing by the rules
by working to support their families. Despite their efforts,
many of these parents still cannot help their children get
ahead, since 7 out of 10 poor children live in a working family
and almost 1 poor child in 3 lives with a full-time year-around
worker.
(3) Poor children are at least twice as likely as non-poor
children to suffer stunted growth or lead poisoning, or to be
kept back in school. Poor children score significantly lower on
reading, mathematics, and vocabulary tests when compared with
otherwise similar non-poor children. More than half of poor
people in the United States, including poor children,
experience serious deprivations during the year, including lack
of food, utility shutoffs, crowded or substandard housing, or
lack of a stove or refrigerator.
(4)(A) Eighteen percent of children are hungry or on the
verge of hunger, largely because they are living in poverty.
(B) Hungry children--
(i) lack nutrients vital to healthy brain
development;
(ii) have difficulty focusing their attention and
concentrating in school; and
(iii) often have greater emotional and behavioral
problems, have weaker immune systems, and are more
susceptible to infections, including anemia, than other
children, and often suffer from obesity.
(5) Child poverty has risen significantly, by 1,300,000
since 2000.
(6) The poverty rate for children in the United States is
substantially higher than that in other major industrialized
nations.
(7) Children in the United States are more likely to live
in poverty than any other age group in the United States.
(8) African-American and Latino children are much more
likely to live in poverty than White children. One third of
African-American children are low-income, as are nearly a third
of Latino children.
(9) Great Britain made a public commitment to cut child
poverty in half in 10 years, and end child poverty by 2020, and
it has already successfully lifted 2,000,000 children out of
poverty.
(10) Poverty is a moral issue and Congress has a moral
obligation to address it.
SEC. 3. PURPOSE.
The purpose of this Act is to set a national goal of cutting child
poverty in half within a decade, and eliminating child poverty entirely
as soon as possible.
SEC. 4. DEVELOPMENT OF PLAN BY CHILD POVERTY ELIMINATION BOARD.
(a) In General.--There is established a board to be known as the
Child Poverty Elimination Board (referred to in this Act as the
``Board'').
(b) Composition.--
(1) Appointments.--The Board shall be composed of 12 voting
members, to be appointed not later than 60 days after the date
of enactment of this Act, as follows:
(A) Senators.--One Senator shall be appointed by
the majority leader of the Senate, and one Senator
shall be appointed by the minority leader of the
Senate.
(B) Members of the house of representatives.--One
Member of the House of Representatives shall be
appointed by the Speaker of the House of
Representatives, and one Member of the House of
Representatives shall be appointed by the minority
leader of the House of Representatives.
(C) Additional members.--
(i) Appointment.--Two members each shall be
appointed by--
(I) the Speaker of the House of
Representatives;
(II) the majority leader of the
Senate;
(III) the minority leader of the
House of Representatives; and
(IV) the minority leader of the
Senate.
(ii) Expertise.--Members appointed under
this subparagraph shall be appointed on the
basis of demonstrated expertise in child
poverty issues.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Board. Any vacancy on the Board
shall be filled in the manner in which the original appointment
was made. The vacancy shall not affect the power of the
remaining members to execute the duties of the Board.
(3) Chairperson and vice chairman.--The Board shall elect a
chairperson and a vice chairperson from among the members of
the Board.
(4) Meetings.--The Board shall first meet not later than 30
days after the date on which all members are appointed, and the
Board shall meet thereafter at the call of the chairperson or
vice chairperson or a majority of the members.
(c) Plan and Report.--
(1) Plan.--The Board shall meet regularly to develop a plan
for cutting child poverty in half within a decade, and
eliminating child poverty entirely as soon as possible. The
plan shall include recommendations for allocations of funds
from the Child Poverty Elimination Trust Fund established in
section 9511 of the Internal Revenue Code of 1986, to carry out
the plan.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Board shall prepare and submit a
report containing the plan to the Committee on Education and
the Workforce of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
President.
(d) Powers.--
(1) Hearings and sessions.--The Board may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Board considers
appropriate. The Board may administer oaths or affirmations to
witnesses appearing before it.
(2) Access to information.--The Board may secure directly
from any Federal agency information necessary to enable the
Board to carry out this Act, if the information may be
disclosed under section 552 of title 5, United States Code.
Subject to the previous sentence, on the request of the
chairperson or vice chairperson of the Board, the head of such
agency shall furnish such information to the Board.
(3) Use of facilities and services.--Upon the request of
the Board, the head of any Federal agency may make available to
the Board any of the facilities and services of such agency.
(4) Personnel from other agencies.--On the request of the
Board, the head of any Federal agency may detail any of the
personnel of such agency to serve as an Executive Director of
the Board or assist the Board in carrying out the duties of the
Board. Any detail shall not interrupt or otherwise affect the
civil service status or privileges of the Federal employee.
(5) Voluntary service.--Notwithstanding section 1342 of
title 31, United States Code, the chairperson of the Board may
accept for the Board voluntary services provided by a member of
the Board.
(e) Compensation.--
(1) Pay.--Members of the Board shall serve without
compensation.
(2) Travel expenses.--Members of the Board shall be allowed
reasonable travel expenses, including a per diem allowance, in
accordance with section 5703 of title 5, United States Code,
when performing duties of the Board.
SEC. 5. ISSUANCE AND IMPLEMENTATION OF PLAN.
(a) Issuance.--Not later than 90 days after receiving the report
containing the plan developed by the Board under section 4(c), the
President shall review the report, and shall issue a plan for cutting
child poverty in half within a decade, and eliminating child poverty
entirely as soon as possible. The plan shall include specifications and
allocations of funds to be made from the Child Poverty Elimination
Trust Fund, to carry out the plan.
(b) Relationship to Board Plan.--The plan issued under subsection
(a) shall be the same as the plan developed by the Board under section
4(c) except insofar as the President may determine, for good cause
shown and stated together with the plan issued under subsection (a),
that a modification of the Board's plan would be more effective for
eliminating child poverty.
(c) Implementation.--Not later than 90 days after issuing a plan
under subsection (a), the President shall ensure the implementation of
the plan issued under subsection (a), and shall work with Congress to
ensure funding for the implementation of the plan.
SEC. 6. IMPOSITION OF INDIVIDUAL INCOME TAX SURCHARGE TO FUND CHILD
POVERTY ELIMINATION FUND.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to imposition of tax on individuals) is amended by adding at
the end the following new subsection:
``(j) Additional Income Tax.--
``(1) In general.--If the adjusted gross income of an
individual exceeds the threshold amount, the tax imposed by
this section (determined without regard to this subsection)
shall be increased by an amount equal to 1 percent 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) Tax not to apply to estates and trusts.--This
subsection shall not apply to an estate or trust.''.
(b) Coordination With Minimum Tax.--Section 55(c) of the Internal
Revenue Code of 1986 (defining regular tax) is amended by redesignating
paragraph (3) as paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) Coordination with minimum tax.--Solely for purposes
of this section, section 1(j) shall not apply in computing the
regular tax.''.
(c) Establishment of Child Poverty Elimination Fund.--
(1) In general.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following:
``SEC. 9511. CHILD POVERTY ELIMINATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Child Poverty
Elimination Trust Fund' (referred to in this section as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to the Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There is hereby appropriated to the
Trust Fund an amount equivalent to the increase in revenues received in
the Treasury as the result of the surtax imposed under section 1(j).
``(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust
Fund shall be available, as provided by appropriation Acts, to make
expenditures in connection with Federal programs designed to carry out
the plan issued by the President under section 5 of the End Child
Poverty Act, to eliminate child poverty.''.
(2) Conforming amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following:
``Sec. 9511. Child Poverty Elimination Trust Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
(e) 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. | End Child Poverty Act - Establishes the Child Poverty Elimination Board to develop a plan for: (1) cutting child poverty in half within a decade; and (2) eliminating child poverty entirely as soon as possible. Requires the plan to include recommendations for allocations from a Child Poverty Elimination Trust Fund. Directs the President to review the Board's plan, issue a plan which is the same as the Board's except where there is good cause for a modification that would be more effective, ensure plan implementation, and work with Congress to insure funding of plan implementation.
Amends the Internal Revenue Code to establish the Child Poverty Elimination Trust Fund. Transfers to such Fund an amount equal to revenue from a surtax which increases by one percent the tax imposed on that portion of adjusted gross income that exceeds the threshold amount of: (1) $1 million in the case of a joint return; or (2) $500,000 in the case of any other individual income tax return. | {"src": "billsum_train", "title": "A bill to eliminate child poverty, and for other purposes."} | 2,563 | 215 | 0.367686 | 1.065598 | 0.706399 | 3.481481 | 12.465608 | 0.941799 |
SECTION 1. DRAWBACK.
Section 313 of the Tariff Act of 1930 (19 U.S.C. 1313) is amended
to read as follows:
``SEC. 313. DRAWBACK.
``(a) Drawback for Exported Merchandise.--If merchandise is
imported into the United States and that merchandise or its substitute,
whether self-contained or contained in drawback merchandise, or
drawback merchandise or its substitute, whether self-contained or
contained in other drawback merchandise or its substitute, is
subsequently exported, drawback shall be granted if the following
conditions are met:
``(1)(A) The exporter of the imported merchandise or its
substitute imported the merchandise, or received the imported
merchandise or its substitute directly or indirectly from the
importer.
``(B) The exporter of the drawback merchandise or its
substitute received drawback merchandise or its substitute, or
produced drawback merchandise or its substitute directly or
indirectly.
``(2) The exported merchandise or its substitute is
classifiable within the same 8-digit HTS subheading as the
imported merchandise. If the exported merchandise or its
substitute is not classifiable within the same 8-digit HTS
subheading as the imported merchandise, the claimant may show
by records that--
``(A) the exported merchandise or its substitute
could be classifiable within the same 8-digit HTS
subheading as the imported merchandise; or
``(B) the imported merchandise or its substitute,
or drawback merchandise or its substitute, could be
contained in, used in the production of, or in any
other manner integrated with, the exported merchandise
or its substitute.
``(b) Drawback Claimants.--
``(1) In general.--A drawback claimant may be any party, if
the following conditions are met:
``(A) If the claimant is not the importer, the
claimant has obtained permission from the importer to
receive drawback for the designated import.
``(B) If the claimant is not the exporter, the
claimant has obtained permission from the exporter to
obtain drawback for the designated export.
``(2) Joint and several liability.--Importers, up to the
amount of duties, taxes, and fees on the designated import
permitted by the importer for drawback by the claimant, and
drawback claimants are jointly and severally liable for
drawback claims.
``(c) Time Limitation for Filing.--No drawback shall be paid unless
the drawback claim is filed within 5 years from the earliest date of
importation of the merchandise that is designated on the claim.
``(d) Amount of Drawback.--The drawback amount paid to the claimant
shall not exceed the amount of duties, taxes, and fees paid on the
designated line item. The exclusive means for determining the amount of
drawback to be paid to the claimant shall be as follows:
``(1) For drawback under paragraphs (1)(A) and (2)(A) of
subsection (a), the lesser of--
``(A) the amount of the duties, taxes, and fees per
unit on the line item designated for drawback, based
upon the entered value of that line item, multiplied by
the number of units claimed; and
``(B) the amount of the duties, taxes, and fees per
line item unit that would have been imposed on the
exported merchandise or its substitute had such
merchandise been imported, based upon the value of that
exported merchandise or its substitute, multiplied by
the number of units claimed.
``(2) For drawback under paragraph (1)(B) and (2)(B) of
subsection (a), the amount of the duties, taxes, and fees per
unit on the line item designated for drawback, based upon the
entered value of that line item, multiplied by the number of
units claimed.
``(e) Refunds, Waivers, or Reductions Under Certain Free Trade
Agreements.--
``(1) NAFTA.--For purposes of subsections (a) and (g), if
merchandise that is exported to a NAFTA country is a good
subject to NAFTA drawback, no customs duties on the merchandise
may be refunded, waived, or reduced in an amount that exceeds
the lesser of--
``(A) the total amount of customs duties paid or
owed on the merchandise on importation into the United
States; or
``(B) the total amount of customs duties paid on
the merchandise to the NAFTA country.
``(2) Canada.--If Canada ceases to be a NAFTA country and
the suspension of the operation of the United States-Canada
Free-Trade Agreement thereafter terminates, then for purposes
of subsection (a), the shipment to Canada during the period
such Agreement is in operation of merchandise made from or
substituted for, as appropriate, drawback eligible merchandise
under section 204(a) of the United States-Canada Free-Trade
Implementation Act of 1988 (19 U.S.C. 2112 note) does not
constitute an exportation.
``(3) Chile.--(A) For purposes of subsections (a) and (g),
if merchandise that is exported to Chile is a good subject to
Chile FTA drawback, no customs duties on the merchandise may be
refunded, waived, or reduced, except as provided in
subparagraph (B).
``(B) The customs duties referred to in subparagraph (A)
may be refunded, waived, or reduced by--
``(i) 100 percent during the 8-year period
beginning on January 1, 2004;
``(ii) 75 percent during the 1-year period
beginning on January 1, 2012;
``(iii) 50 percent during the 1-year period
beginning on January 1, 2013; and
``(iv) 25 percent during the 1-year period
beginning on January 1, 2014.
``(4) Fungible merchandise.--(A) The exportation to a NAFTA
country of merchandise that is fungible with and substituted
for imported merchandise, other than merchandise described in
paragraphs (1) through (8) of section 203(a) of that Act, shall
not constitute an exportation for purposes of subsection (a).
``(B) Beginning on January 1, 2015, the exportation to
Chile of merchandise that is fungible with and substituted for
imported merchandise, other than merchandise described in
paragraphs (1) through (5) of section 203(a) of the United
States-Chile Free Trade Agreement Implementation Act, shall not
constitute an exportation for purposes of paragraph (2). The
preceding sentence shall not be construed to permit the
substitution of unused drawback under paragraph (2) of this
subsection with respect to merchandise described in paragraph
(2) of section 203(a) of the United States-Chile Free Trade
Agreement Implementation Act.
``(5) Total amount of customs duties paid or owed.--As used
in this subsection, the total amount of customs duties paid or
owed on the merchandise on importation into the United States
means the duties, taxes, and fees per unit paid on the import
line item designated for drawback.
``(f) Merchandise for Use in Vessels.--The provisions of this
section shall apply to merchandise imported and used in the
construction and equipment of vessels built for foreign account and
ownership, or for the government of any foreign country,
notwithstanding that such vessels may not within the strict meaning of
the term be exported.
``(g) Agricultural Merchandise.--No drawback shall be available
with respect to agricultural merchandise subject to over-quota rate of
duty established under a tariff-rate quota, except on a direct
identification basis when such merchandise has not been used in the
United States.
``(h) Puerto Rico.--Any drawback authorized under this section
shall be paid from the customs receipts of Puerto Rico if the duties
were originally paid into the Treasury of Puerto Rico.
``(i) Destruction of Merchandise.--
``(1) In general.--The exportation requirement contained in
subsection (a) may be satisfied by destroying merchandise,
except that drawback merchandise is destroyed in lieu of
exportation only if--
``(A) the merchandise that was imported is the
actual merchandise that is destroyed; and
``(B) the claimant directly identifies the actual
merchandise that is destroyed in lieu of exportation.
``(2) Amount of drawback.--For claims filed pursuant to
this subsection, the drawback paid to the claimant shall be the
amount of the duties, taxes, and fees per line item unit on the
imported merchandise designated for drawback, whether by direct
identification or by accounting method, multiplied by the
number of units claimed.
``(j) Limitation on Exportation Requirement.--Imported merchandise
that has not been regularly entered or withdrawn for consumption does
not satisfy the exportation requirement of this section.
``(k) Claiming Exportation or Destruction.--An exportation or
destruction may be claimed on only one drawback claim, except that
components or ingredients of exported or destroyed merchandise that
were not claimed on one drawback claim covering a certain exportation
or destruction may be claimed on another drawback claim covering that
same exportation or destruction.
``(l) Regulations.--The Secretary of the Treasury is authorized to
promulgate regulations to carry out this section.
``(m) Flavoring Extracts; Medicinal or Toilet Preparations; Bottled
Distilled Spirits and Wines.--
``(1) Flavoring extracts; medical or toilet preparations.--
Upon the exportation of flavoring extracts, medicinal or toilet
preparations (including perfumery), manufactured or produced in
the United States in part from domestic alcohol on which an
internal revenue tax has been paid, there shall be allowed a
drawback equal in amount to the tax found to have been paid on
the alcohol so used.
``(2) Distilled spirits.--Upon the exportation of bottled
distilled spirits and wines manufactured or produced in the
United States on which an internal revenue tax has been paid or
determined, there shall be allowed, under regulations to be
prescribed by the Commissioner of Internal Revenue, with the
approval of the Secretary of the Treasury, a drawback equal in
amount to the tax found to have been paid or determined on such
bottled distilled spirits and wines. In the case of distilled
spirits, the preceding sentence shall not apply unless--
``(A) the claim for drawback is filed by the
bottler or packager of the spirits; and
``(B) the spirits have been stamped or restamped,
and marked, especially for export, under regulations
prescribed by the Commissioner of Internal Revenue,
with the approval of the Secretary of the Treasury.
``(n) Definitions.--As used in this section:
``(1) Drawback.--The term `drawback' means a refund of 99
percent of applicable duties, taxes, and fees paid pursuant to
Federal law upon importation of merchandise, and not refunded
under any other law, in a case in which--
``(A) the imported merchandise or its substitute,
or drawback merchandise or its substitute, is exported;
or
``(B) the imported merchandise is destroyed.
``(2) HTS.--The term `HTS' means the Harmonized Tariff
Schedule of the United States.
``(3) NAFTA country; good subject to nafta drawback.--The
terms `NAFTA country' and `good subject to NAFTA drawback' have
the meanings given those terms in sections 2(4) and 203(a),
respectively, of the North American Free Trade Agreement
Implementation (19 U.S.C. 3301(4) and 3333(a)).
``(4) Good subject to chile fta drawback.--The term `good
subject to Chile FTA drawback' has the meaning given that term
in section 203(a) of the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note).
``(5) Substitute.--Any merchandise may be substituted for
any other merchandise when the two share the same 8-digit HTS
subheading. When the two do not share the same 8-digit HTS
subheading, they may be substituted for one another if a
claimant can demonstrate that they were both classifiable
within the same 8-digit HTS subheading during the period
beginning on the date of importation of the merchandise
designated for drawback to the date of the drawback claim. To
establish such a nexus, the claimant shall submit records with
its claim that demonstrate the link from one 8-digit HTS
subheading to the other 8-digit HTS subheading.
``(6) Fungible.--Merchandise is fungible when it is
commercially identical to other merchandise in all instances.
``(7) Line item.--The term `line item' means the line item
on the entry summary or its equivalent and a reconfigured
entry.
``(8) Contained in.--The term `contained in' means
contained in, used in the production of, or in any other manner
integrated with, other merchandise.
``(9) Drawback merchandise.--The term `drawback
merchandise' means merchandise in which is contained imported
merchandise or its substitute, or other drawback merchandise or
its substitute. Drawback merchandise may be exported or
destroyed with a claim for drawback, or it may be contained in
other drawback merchandise or its substitute.
``(10) Directly identify.--The term `directly identify'
means to identify of merchandise by a unique identifier such as
a serial number or by the use of an approved inventory
accounting method.''. | Amends the Tariff Act of 1930 to repeal drawback and refund of duty requirements relating to: (1) certain articles made from imported merchandise; (2) substitution for drawback purposes; (3) merchandise not conforming to sample or specifications; (4) imported salt for curing fish; (5) exportation of meats cured with imported salt; (6) materials for construction and equipment of vessels built for foreigners; (7) jet aircraft engines; (8) an unused merchandise drawback; (9) use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality; (10) vessels built for account of resident of North Atlantic Free Trade Agreement (NAFTA) country; (11) substitution of finished petroleum derivatives; (12) packaging material; (13) designation of merchandise by successor; (14) drawback certificates; (15) eligibility of entered or withdrawn merchandise; (16) multiple drawback claims; (17) drawbacks for recovered material; and (18) articles shipped to the U.S. insular possessions.
Revises and/or prescribes procedures regarding: (1) drawback for exported merchandise; (2) drawback claimants; (3) a time limitation for filing drawback claims; (4) the drawback amount; (5) refunds, waivers, or reductions under certain free trade agreements; (6) merchandise for use in certain vessels; (7) agricultural merchandise; (8) destruction of merchandise; (9) a limitation on exportation requirement; (10) claiming exportation or destruction; and (11) drawback regulations.
Defines "drawback" to mean a refund of 99% of applicable duties, taxes, and fees paid pursuant to federal law upon importation of merchandise, and not refunded under any other law, in a case in which: (1) the imported merchandise or its substitute, or drawback merchandise or its substitute, is exported; or (2) the imported merchandise is destroyed. | {"src": "billsum_train", "title": "To amend the Tariff Act of 1930 relating to drawback."} | 3,027 | 393 | 0.632519 | 1.935366 | 0.601496 | 3.053476 | 7.280749 | 0.828877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Housing Improvement Act of
1994''.
SEC. 2. REPEAL OF 1-FOR-1 REPLACEMENT REQUIREMENT.
(a) In General.--Section 18 of the United States Housing Act of
1937 (42 U.S.C. 1437p) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and'' after
the semicolon at the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3); and
(2) in subsection (c)--
(A) by striking the paragraph designation for
paragraph (1); and
(B) by striking paragraph (2).
(b) Effective Date.--The amendments under subsection (a) shall be
made and shall take effect on October 1, 1994.
SEC. 3. USE OF MODERNIZATION FUNDS FOR COST-EFFECTIVE NEW CONSTRUCTION.
Section 14 of the United States Housing Act of 1937 (42 U.S.C.
1437l) is amended--
(1) in subsection (a)(1), by inserting before the semicolon
the following: ``or replace existing public housing projects
whose physical condition is such that replacement units may be
newly constructed at a cost not greater than the cost of
improving such units'';
(2) in subsection (b)(1), by inserting after ``public
housing projects'' the following: ``(or replacing such projects
through new construction pursuant to subsection (f)(3))'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``and'' before ``(B)''; and
(ii) by inserting before the semicolon at
the end the following: ``, and (C) for any
project for which replacement through new
construction is proposed under subsection
(f)(3), the estimated cost of the physical
improvements to and replacements for the
project under this paragraph and paragraph (2)
and the estimated cost of the new
construction''; and
(B) in paragraph (4)(A)--
(i) in clause (i), by striking ``and'' at
the end; and
(ii) by adding at the end the following new
clause:
``(iii) to replace any projects through new
construction pursuant to subsection (f)(3);
and'';
(4) in subsection (e)(1)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by inserting ``and''
after the semicolon at the end; and
(iii) by inserting after clause (iii) the
following new clause:
``(iv) for any project for which
replacement through new construction is
proposed under subsection (f)(3), the estimated
cost of the physical improvements to and
replacements for the project under this
subparagraph and the estimated cost of the new
construction''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following new clause:
``(ii) to replace any projects through new
construction pursuant to subsection (f)(3);
and''; and
(5) in subsection (f), by adding at the end the following
new paragraph:
``(3) A public housing agency may use financial assistance received
under subsection (b) for development costs of new public housing
projects to replace a project otherwise eligible for assistance under
this section and for costs of demolition or disposition of such
projects replaced, but only if--
``(A) the sum of such development and demolition or
disposition costs does not exceed the sum of the costs of the
physical improvements necessary to the project replaced to meet
the standards established by the Secretary under subsection (j)
and the costs of replacement equipment systems and structural
elements that will be required during the ensuing 5-year
period; and
``(B) the public housing agency enters into an agreement
with the Secretary providing that the public housing developed
will comply with any requirements pursuant to this Act
applicable to public housing developed under a contract under
section 5 for contributions for development costs of public
housing.''.
SEC. 4. MANDATORY PRIVATE MANAGEMENT OF CHRONICALLY TROUBLED PUBLIC
HOUSING AGENCIES.
Section 6(j) of the United States Housing Act of 1937 (42 U.S.C.
1437d(j)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) Notwithstanding any other provision of law or of any
contract for contributions, the Secretary shall transfer the management
of public housing projects owned or operated by a troubled public
housing agency to a private management entity selected by the Secretary
if, for any year--
``(i) the public housing is designated pursuant to
paragraph (2) as a troubled public housing agency: and
``(ii) for the preceding 5 years, the agency was designated
as a troubled public housing agency.
``(B) In selecting a private management entity to manage public
housing pursuant to this paragraph, the Secretary shall consult with
residents of the public housing (including any resident council for the
housing).
``(C) In transferring management of public housing under this
paragraph, the Secretary shall enter into a contract with the private
management entity. The contract shall meet the requirements of section
25(h)(1), shall provide for the private management entity to
periodically consult with residents of the housing (including any
resident council for the housing) regarding management of and living
conditions in the housing, and may make operating subsidies and funding
for capital improvements available to the private management entity
managing the public housing pursuant to this paragraph in the manner
provided under section 25 for managers of eligible housing (as such
term is defined in such section).
``(D) The provisions of section 25(j) relating to managers of
eligible housing under such section shall apply with respect to any
private management entity managing public housing pursuant to this
paragraph.
``(E) The Secretary shall transfer management of public housing
that was transferred to a private management agency under this
paragraph back to the public housing agency immediately upon the
removal of the designation of the agency as a troubled public housing
agency.''. | Public Housing Improvement Act of 1994 - Amends the United States Housing Act of 1937 to repeal the public housing demolition one-for-one replacement requirement.
Permits the use of modernization funds for cost-effective new construction.
Directs the Secretary of Housing and Urban Development to transfer the management of chronically troubled public housing agencies to private management. | {"src": "billsum_train", "title": "Public Housing Improvement Act of 1994"} | 1,449 | 74 | 0.505054 | 1.144156 | 0.439346 | 4.060606 | 21.121212 | 0.909091 |
SECTION 1. STATEMENT OF POLICY.
It is the policy of the United States Government that historically
Black colleges and universities and nonprofit organizations owned and
controlled by Black Americans share equitably in the benefits to be
derived from being and becoming full participants in federally funded
research and development activities.
SEC. 2. PURPOSE.
The purpose of this Act is to establish, enhance, and expand the
participation of historically Black colleges and universities and
nonprofit organizations owned and controlled by Black Americans in
research and development through their designation as federally funded
research and development centers.
SEC. 3. AMENDMENTS TO OFFICE OF FEDERAL PROCUREMENT POLICY ACT.
(a) General Authority.--The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6B. PARTICIPATION OF HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND NONPROFIT ORGANIZATIONS OWNED AND
CONTROLLED BY BLACK AMERICANS IN RESEARCH AND DEVELOPMENT
ACTIVITIES.
``(a) General Authority.--(1) The Administrator shall prescribe
regulations to ensure the participation of historically Black colleges
and universities and nonprofit organizations owned and controlled by
Black Americans in research and development activities conducted with
Federal funds by executive agencies. Such regulations shall require
that each executive agency--
``(A) except as provided in paragraph (2), designate not
less than 5 historically Black colleges and universities or
nonprofit organizations owned and controlled by Black Americans
as federally funded research and development centers for
purposes of such agency;
``(B) reserve not less than 3 percent of amounts
appropriated to such agency for research and development
activities for purposes of providing technical assistance and
other support to historically Black colleges and universities
and nonprofit organizations owned and controlled by Black
Americans in order to implement the purpose of this Act;
``(C) reserve, for purposes of research and development
activities to be conducted by federally funded research and
development centers designated pursuant to subparagraph (A)--
``(i) in the fiscal year 1994, not less than 5
percent of amounts appropriated to such agency for
research and development activities;
``(ii) in the fiscal year 1995, not less than 10
percent of amounts appropriated to such agency for
research and development activities;
``(iii) in the fiscal year 1996, not less than 15
percent of amounts appropriated to such agency for
research and development activities; and
``(iv) in the fiscal year 1997 and in each
succeeding fiscal year, not less than 20 percent of
amounts appropriated to such agency for research and
development activities; and
``(D) with respect to each federally funded research and
development center designated pursuant to paragraph (1)--
``(i) assess any need for technical assistance and
other support; and
``(ii) as soon as practicable, develop and
implement a coordinated plan for delivery of such
assistance.
``(2) The Administrator may allow an executive agency to designate
fewer than 5 historically Black colleges and universities or nonprofit
organizations owned and controlled by Black Americans as federally
funded research and development centers pursuant to paragraph (1)(A) if
the Administrator determines that amounts reserved by such agency under
paragraph (1)(C) for such centers would be insufficient to carry out
research and development activities at 5 such centers.
``(b) Waiver of Responsible Source Criteria.--For purposes of this
Act, any federally funded research center designated pursuant to
subsection (a)(1)(A) shall be considered to be a responsible source.
``(c) Repayment of Unused Amounts.--In any fiscal year in which an
executive agency does not expend all of the amounts reserved by such
agency as required by subsection (a)(1)(C) for support of research and
development activities at federally funded research and development
centers designated under subsection (a)(1)(A), any of such amounts that
are not so expended shall be returned to the Treasury of the United
States.
``(d) Payment and Use of Amounts for Parren J. Mitchell Institute
for Business Education.--(1) Each college, university, or nonprofit
organization which receives an amount from an executive agency under
this section shall pay not less than \1/2\ percent of that amount to a
national not-for-profit organization established as the Parren J.
Mitchell Institute for Business Education (hereinafter in this
subsection referred to as the `Institute').
``(2) The Institute shall use amounts paid to the Institute under
this subsection only to develop and implement programs which foster
entrepreneurship and capital formation.
``(e) Definition.--For purposes of this section, the term
`historically Black colleges and universities' means institutions that
are part B institutions for purposes of part B of title III of the
Higher Education Act of 1965.''.
(b) Annual Report.--Section 17 of the Office of Federal Procurement
Policy Act (41 U.S.C. 415) is amended by adding at the end the
following new subsection:
``(c) Annual Report.--The Comptroller General of the United States
shall annually conduct a study and submit a report to the Congress on
the activities of executive agencies in carrying out section 6B. The
first report shall be submitted by not later than 9 months after the
date of the enactment of this subsection. Such reports shall
specifically include--
``(1) a description of the extent to which each executive
agency is complying with the requirements of section 6B;
``(2) a description of technical assistance and other
support provided by executive agencies to federally funded
research and development centers designated under section
6B(a)(1)(A); and
``(3) an analysis and description of the technical and
other support required by historically Black colleges and
universities and nonprofit organizations owned and controlled
by Black Americans.''.
SEC. 4. EFFECTIVE DATE.
The amendment made by section 3 shall take effect on October 1,
1993. | Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation (except in specified circumstances) of at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percentage of its FY 1994 through 1997 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Requires each recipient of such set-aside to pay a specified percentage of it to the Parren J. Mitchell Institute for Business Education for entrepreneurial and capital formation programs.
Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act. | {"src": "billsum_train", "title": "To amend the Office of Federal Procurement Policy Act to provide for the participation of historically Black colleges and universities in federally funded research and development activities."} | 1,306 | 216 | 0.595303 | 1.781984 | 0.84209 | 2.604278 | 6.411765 | 0.807487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Regulatory Risk Assessment
Act of 1997''.
SEC. 2. RISK ASSESSMENTS.
(a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER II--RISK ASSESSMENTS
``Sec. 621. Definitions
``For purposes of this subchapter the definitions under section 551
shall apply and--
``(1) the term `cost' means the reasonably identifiable
significant adverse effects, including social, health, safety,
environmental, economic, and distributional effects that are
expected to result directly or indirectly from implementation
of, or compliance with, a rule;
``(2) the term `Director' means the Director of the Office
of Management and Budget, acting through the Administrator of
the Office of Information and Regulatory Affairs;
``(3) the term `flexible regulatory options' means
regulatory options that permit flexibility to regulated persons
in achieving the objective of the statute as addressed by the
rule making, including regulatory options that use market-based
mechanisms, outcome oriented performance-based standards, or
other options that promote flexibility;
``(4) the term `major rule' means a rule or a group of
closely related rules that--
``(A) the agency proposing the rule or the Director
reasonably determines is likely to have an annual
effect on the economy of $100,000,000 or more in
reasonably quantifiable costs; or
``(B) is otherwise designated a major rule by the
Director on the ground that the rule is likely to
adversely affect, in a material way, the economy, a
sector of the economy, including small business,
productivity, competition, jobs, the environment,
public health or safety, or State, local or tribal
governments, or communities;
``(5) the term `reasonable alternative' means a reasonable
regulatory option that would achieve the objective of the
statute as addressed by the rule making and that the agency has
authority to adopt under the statute granting rule making
authority, including flexible regulatory options;
``(6) the term `risk assessment' means the systematic
process of organizing hazard and exposure assessments to
estimate the potential for specific harm to exposed
individuals, populations, or natural resources;
``(7) the term `rule' has the same meaning as in section
551(4), and shall not include--
``(A) a rule exempt from notice and public comment
procedure under section 553;
``(B) a rule that involves the internal revenue
laws of the United States, or the assessment and
collection of taxes, duties, or other revenue or
receipts;
``(C) a rule of particular applicability that
approves or prescribes for the future rates, wages,
prices, services, corporate or financial structures,
reorganizations, mergers, acquisitions, accounting
practices, or disclosures bearing on any of the
foregoing;
``(D) a rule relating to monetary policy proposed
or promulgated by the Board of Governors of the Federal
Reserve System or by the Federal Open Market Committee;
``(E) a rule relating to the safety or soundness of
federally insured depository institutions or any
affiliate of such an institution (as defined in section
2(k) of the Bank Holding Company Act of 1956 (12 U.S.C.
1841(k)); credit unions; the Federal Home Loan Banks;
government-sponsored housing enterprises; a Farm Credit
System Institution; foreign banks, and their branches,
agencies, commercial lending companies or
representative offices that operate in the United
States and any affiliate of such foreign banks (as
those terms are defined in the International Banking
Act of 1978 (12 U.S.C. 3101)); or a rule relating to
the payments system or the protection of deposit
insurance funds or Farm Credit Insurance Fund;
``(F) a rule or order relating to the financial
responsibility, recordkeeping, or reporting of brokers
and dealers (including Government securities brokers
and dealers) or futures commission merchants, the
safeguarding of investor securities and funds or
commodity future or options customer securities and
funds, the clearance and settlement of securities,
futures, or options transactions, or the suspension of
trading under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) or emergency action taken under the
Commodity Exchange Act (7 U.S.C. 1 et seq.), or a rule
relating to the protection of the Securities Investor
Protection Corporation, that is promulgated under the
Securities Investor Protection Act of 1970 (15 U.S.C.
78aaa et seq.), or a rule relating to the custody of
Government securities by depository institutions under
section 3121 or 9110 of title 31;
``(G) a rule issued by the Federal Election
Commission or a rule issued by the Federal
Communications Commission under sections 312(a)(7) and
315 of the Communications Act of 1934 (47 U.S.C.
312(a)(7) and 315);
``(H) a rule required to be promulgated at least
annually pursuant to statute; or
``(I) a rule or agency action relating to the
public debt; and
``(8) the term `substitution risk' means an increased risk
to health, safety, or the environment reasonably likely to
result from a regulatory option.
``Sec. 622. Applicability
``Except as provided in section 623(d), this subchapter shall apply
to all proposed and final major rules the primary purpose of which is
to address health, safety, or environmental risk.
``Sec. 623. Risk assessments
``(a)(1) Before publishing a notice of a proposed rule making for
any rule, each agency shall determine whether the rule is or is not a
major rule covered by this subchapter.
``(2) The Director may designate any rule to be a major rule under
section 621(4)(B), if the Director--
``(A) makes such designation no later than 30 days after
the close of the comment period for the rule; and
``(B) publishes such determination in the Federal Register
together with a succinct statement of the basis for the
determination within 30 days after such determination.
``(b)(1) When an agency publishes a notice of proposed rule making
for a major rule to which section 624(a) applies, the agency shall
prepare and place in the rule making file an initial risk assessment,
and shall include a summary of such assessment in the notice of
proposed rule making.
``(2)(A) When the Director has published a determination that a
rule is a major rule to which section 624(a) applies, after the
publication of the notice of proposed rule making for the rule, the
agency shall promptly prepare and place in the rule making file an
initial risk assessment for the rule and shall publish in the Federal
Register a summary of such assessment.
``(B) Following the issuance of an initial risk assessment under
subparagraph (A), the agency shall give interested persons an
opportunity to comment under section 553 in the same manner as if the
initial risk assessment had been issued with the notice of proposed
rule making.
``(c)(1) When the agency publishes a final major rule to which
section 624(a) applies, the agency shall also prepare and place in the
rule making file a final risk assessment, and shall prepare a summary
of the assessment.
``(2) Each final risk assessment shall address each of the
requirements for the initial risk assessment under subsection (b),
revised to reflect--
``(A) any material changes made to the proposed rule by the
agency after publication of the notice of proposed rule making;
``(B) any material changes made to the risk assessment; and
``(C) agency consideration of significant comments received
regarding the proposed rule and the risk assessment.
``(d)(1) A major rule may be adopted without prior compliance with
this subchapter if--
``(A) the agency for good cause finds that conducting the
risk assessment under this subchapter is contrary to the public
interest due to an emergency, or an imminent threat to health
or safety that is likely to result in significant harm to the
public or the environment; and
``(B) the agency publishes in the Federal Register,
together with such finding, a succinct statement of the basis
for the finding.
``(2) If a major rule is adopted under paragraph (1), the agency
shall comply with this subchapter as promptly as possible unless
compliance would be unreasonable because the rule is, or soon will be,
no longer in effect.
``Sec. 624. Principles for risk assessments
``(a)(1) Subject to paragraph (2), each agency shall design and
conduct risk assessments in accordance with this subchapter for each
proposed and final major rule , or that results in a significant
substitution risk, in a manner that promotes rational and informed risk
management decisions and informed public input into and understanding
of the process of making agency decisions.
``(2) If a risk assessment under this subchapter is otherwise
required by this section, but the agency determines that--
``(A) a final rule subject to this subchapter is
substantially similar to the proposed rule with respect to the
risk being addressed;
``(B) a risk assessment for the proposed rule has been
carried out in a manner consistent with this subchapter; and
``(C) a new risk assessment for the final rule is not
required in order to respond to comments received during the
period for comment on the proposed rule,
the agency may publish such determination along with the final rule in
lieu of preparing a new risk assessment for the final rule.
``(b) Each agency shall consider in each risk assessment reliable
and reasonably available scientific information and shall describe the
basis for selecting such scientific information.
``(c)(1) Each agency may use reasonable assumptions to the extent
that relevant and reliable scientific information, including site-
specific or substance-specific information, is not reasonably
available.
``(2) When a risk assessment involves a choice of assumptions, the
agency shall--
``(A) identify the assumption and its scientific or policy
basis, including the extent to which the assumption has been
validated by, or conflicts with, empirical data;
``(B) explain the basis for any choices among assumptions
and, where applicable, the basis for combining multiple
assumptions; and
``(C) describe reasonable alternative assumptions that were
considered but not selected by the agency for use in the risk
assessment, how such alternative assumptions would have changed
the conclusions of the risk assessment, and the rationale for
not using such alternatives.
``(d) Each agency shall provide appropriate opportunity for public
comment and participation during the development of a risk assessment.
``(e) Each risk assessment supporting a major rule under this
subchapter shall include, as appropriate, each of the following:
``(1) A description of the hazard of concern.
``(2) A description of the populations or natural resources
that are the subject of the risk assessment.
``(3) An explanation of the exposure scenarios used in the
risk assessment, including an estimate of the corresponding
population at risk and the likelihood of such exposure
scenarios.
``(4) A description of the nature and severity of the harm
that could reasonably occur as a result of exposure to the
hazard.
``(5) A description of the major uncertainties in each
component of the risk assessment and their influence on the
results of the assessment.
``(f) To the extent scientifically appropriate, each agency shall--
``(1) express the overall estimate of risk as a reasonable
range or probability distribution that reflects variabilities,
uncertainties, and lack of data in the analysis;
``(2) provide the range and distribution of risks and the
corresponding exposure scenarios, identifying the range and
distribution and likelihood of risk to the general population
and, as appropriate, to more highly exposed or sensitive
subpopulations, including the most plausible estimates of the
risks; and
``(3) where quantitative estimates are not available,
describe the qualitative factors influencing the range,
distribution, and likelihood of possible risks.
``(g) When scientific information that permits relevant comparisons
of risk is reasonably available, each agency shall use the information
to place the nature and magnitude of a risk to health, safety, or the
environment being analyzed in relationship to other reasonably
comparable risks familiar to and routinely encountered by the general
public. Such comparisons should consider relevant distinctions among
risks, such as the voluntary or involuntary nature of risks.
``(h) When scientifically appropriate information on significant
substitution risks to health, safety, or the environment is reasonably
available to the agency, the agency shall describe such risks in the
risk assessment.
``Sec. 625. Deadlines for rule making
``(a) All deadlines in statutes or imposed by a court of the United
States, that require an agency to propose or promulgate any major rule
to which section 624(a) applies, during the 2-year period beginning on
the effective date of this section shall be suspended until the earlier
of--
``(1) the date on which the requirements of this subchapter
are satisfied; or
``(2) the date occurring 6 months after the date of the
applicable deadline.
``(b) In any case in which the failure to promulgate a major rule
to which section 624(a) applies by a deadline occurring during the 2-
year period beginning on the effective date of this section would
create an obligation to regulate through individual adjudications, the
deadline shall be suspended until the earlier of--
``(1) the date on which the requirements of this subchapter
are satisfied; or
``(2) the date occurring 6 months after the date of the
applicable deadline.
``Sec. 626. Judicial review
``(a) Compliance or noncompliance by an agency with the provisions
of this subchapter shall only be subject to judicial review in
accordance with this section.
``(b) Any determination of an agency whether a rule is or is not a
major rule under section 621(4)(A) shall be set aside by a reviewing
court only upon a clear and convincing showing that the determination
is erroneous in light of the information available to the agency at the
time the agency made the determination.
``(c) Any determination by the Director that a rule is a major rule
under section 621(4), or any failure to make such determination, shall
not be subject to judicial review in any manner.
``(d) Any risk assessment required under this subchapter shall not
be subject to judicial review separate from review of the final rule to
which the assessment applies. Any risk assessment shall be part of the
whole rule making record for purposes of judicial review of the rule
and shall be considered by a court in determining whether the final
rule is arbitrary or capricious unless the agency can demonstrate that
the assessment would not be material to the outcome of the rule.
``(e) If an agency fails to perform the risk assessment, a court
shall remand or invalidate the rule.''.
(b) Presidential Authority.--Nothing in this Act shall limit the
exercise by the President of the authority and responsibility that the
President otherwise possesses under the Constitution and other laws of
the United States with respect to regulatory policies, procedures, and
programs of departments, agencies, and offices.
(c) Technical and Conforming Amendments.--
(1) Part I of title 5, United States Code, is amended by
striking the chapter heading and table of sections for chapter
6 and inserting the following:
``CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY
``Sec.
``601. Definitions.
``602. Regulatory agenda.
``603. Initial regulatory flexibility analysis.
``604. Final regulatory flexibility analysis.
``605. Avoidance of duplicative or unnecessary analyses.
``606. Effect on other law.
``607. Preparation of analysis.
``608. Procedure for waiver or delay of completion.
``609. Procedures for gathering comments.
``610. Periodic review of rules.
``611. Judicial review.
``612. Reports and intervention rights.
``SUBCHAPTER II--RISK ASSESSMENTS
``621. Definitions.
``622. Applicability.
``623. Risk assessments.
``624. Principles for risk assessments.
``625. Deadlines for rule making.
``626. Judicial review.''.
(2) Chapter 6 of title 5, United States Code, is amended by
inserting immediately before section 601, the following
subchapter heading:
``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY''.
SEC. 3. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall take
effect 180 days after the date of enactment of this Act, but shall not
apply to any agency rule for which a notice of proposed rulemaking is
published on or before August 1, 1997. | Federal Regulatory Risk Assessment Act of 1997 - Amends Federal law concerning Government organization and employees to provide for the risk assessment of major regulatory rules by Federal agencies which address health, safety, or environmental risk. Sets forth provisions regarding: (1) principles for risk assessments; (2) deadlines for rule making; and (3) judicial review. | {"src": "billsum_train", "title": "Federal Regulatory Risk Assessment Act of 1997"} | 3,774 | 69 | 0.445106 | 1.012973 | 0.651939 | 2.971014 | 52.289855 | 0.884058 |
SECTION 1. REPORTS ON MANAGEMENT OF ARLINGTON NATIONAL CEMETERY.
(a) Report on Gravesite Discrepancies.--Not later than one year
after the date of the enactment of this Act, the Secretary of the Army
shall submit to the committees of Congress specified in subsection (c)
a report setting forth an accounting of the gravesites at Arlington
National Cemetery, Virginia. The accounting shall--
(1) specify whether gravesite locations at Arlington
National Cemetery are correctly identified, labeled, and
occupied; and
(2) set forth a plan of action, including the resources
required and a proposed schedule, to implement remedial actions
to address deficiencies identified pursuant to the accounting.
(b) GAO Review of Management and Oversight of Contracts.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in subsection (c) a report on the management and
oversight of contracts at Arlington National Cemetery.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number, dollar amount, and duration of
current contracts at Arlington National Cemetery over
the simplified acquisition threshold.
(B) The number, dollar amount, and duration of
current contracts for automation of burial operations
at Arlington National Cemetery, including contracts
relating to the Total Cemetery Management System
(TCMS), the Geographic Information System (GIS), the
Interment Scheduling System (ISS), the Interment
Management System (IMS), and new or modified versions
of the Burial Operations Support System (BOSS) of the
Department of Veterans Affairs.
(C) An assessment of the management and oversight
by the Executive Director of the Army National
Cemeteries Program of the contracts covered by
subparagraphs (A) and (B), including the use of and
actions taken for that purpose by the Corps of
Engineers and the National Capital Region Contracting
Center of the Army Contracting Command.
(D) An assessment of the actions taken by the
Executive Director of the Army National Cemeteries
Program in response to the findings and recommendations
of the Inspector General of the Army in the report
entitled ``Report of Investigation and Special
Inspection of Arlington National Cemetery Final Report
(Case 10-04)'', dated June 9, 2010.
(E) An assessment of the implementation of the
following:
(i) Army Directive 2010-04 on Enhancing the
Operations and Oversight of the Army National
Cemeteries Program, dated June 10, 2010,
including, without limitation, an evaluation of
the sufficiency of all contract management and
oversight procedures, current and planned
information and technology systems,
applications, and contracts, current
organizational structure and manpower, and
compliance with and execution of all plans,
reviews, studies, evaluations, and requirements
specified in the Army Directive.
(ii) The recommendations and actions
proposed by the Army National Cemeteries
Advisory Commission with respect to Arlington
National Cemetery.
(F) An assessment of the adequacy of current
practices at Arlington National Cemetery to provide
information, outreach, and support to families of
individuals buried at Arlington National Cemetery
regarding procedures to detect and correct current
errors in burials at Arlington National Cemetery.
(G) An assessment of the feasibility and
advisability of transferring jurisdiction of Arlington
National Cemetery and the United States Soldiers' and
Airmen's Home National Cemetery to the Department of
Veterans Affairs, and an assessment of the feasibility
and advisability of the sharing of jurisdiction of such
facilities between the Department of Defense and the
Department of Veterans Affairs.
(3) Simplified acquisition threshold defined.--In this
subsection, the term ``simplified acquisition threshold'' has
the meaning provided that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(c) Specified Committees of Congress.--The committees of Congress
specified in this subsection are--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Veterans' Affairs of the Senate; and
(2) the Committee on Armed Services, the Committee on
Oversight and Government Reform, and the Committee on Veterans'
Affairs of the House of Representatives.
(d) Reports on Implementation of Army Directive on Army National
Cemeteries Program.--
(1) In general.--The Secretary of the Army shall submit to
the appropriate committees of Congress reports on execution of
and compliance with Army Directive 2010-04 on Enhancing the
Operations and Oversight of the Army National Cemeteries
Program, dated June 10, 2010. Each such report shall include,
for the preceding 270 days or year (as applicable), a
description and assessment of the following:
(A) Execution of and compliance with every section
of the Army Directive for Arlington National Cemetery,
including, without limitation, an evaluation of the
sufficiency of all contract management and oversight
procedures, current and planned information and
technology systems, applications, and contracts,
current organizational structure and manpower, and
compliance with and execution of all plans, reviews,
studies, evaluations, and requirements specified in the
Army Directive.
(B) The adequacy of current practices at Arlington
National Cemetery to provide information, outreach, and
support to families of those individuals buried at
Arlington National Cemetery regarding procedures to
detect and correct current errors in burials at
Arlington National Cemetery.
(2) Period and frequency of submittal.--A report required
by paragraph (1) shall be submitted not later than 270 days
after the date of the enactment of this Act, and every year
thereafter for the next 2 years. | Directs the Secretary of the Army to submit to specified congressional committees: (1) a one-time report on the management and oversight of contracts at Arlington National Cemetery, requiring, among other things, certain information concerning burial operations and errors in burials; and (2) biennial reports on the execution of and compliance with Army Directive 2010-04, Enhancing the Operations and Oversight of the Army National Cemeteries Program. | {"src": "billsum_train", "title": "To require reports on the management of Arlington National Cemetery."} | 1,200 | 87 | 0.627113 | 1.598979 | 0.617286 | 3.45 | 14.45 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandparent and Family Caregiver
Support Act of 1997''.
SEC. 2. WORK REQUIREMENTS NOT TO APPLY TO FAMILIES HEADED BY AN ADULT
NONPARENTAL RELATIVE CAREGIVER.
(a) Work Participation Rates To Be Determined Without Regard to
Families Headed by an Adult Nonparental Relative Caregiver.--Section
407(b) of the Social Security Act (42 U.S.C. 607(b)), as added by
section 103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, is amended by adding at the end the
following:
``(6) Disregard of families headed by an adult nonparental
relative caregiver.--In determining the participation rates
under this subsection, a State shall disregard any exempt
family.''.
(b) Adult Nonparental Relative Caregiver Head of Family Exempted
From Penalties for Refusal To Work.--Section 407(e) of the Social
Security Act (42 U.S.C. 607(e)), as added by section 103(a) of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, is amended by adding at the end the following:
``(3) Exception for adult nonparental relative caregiver
head of family.--Paragraph (1) shall not apply to any exempt
adult.''.
(c) Prohibition Against Imposition of Work Requirements.--Section
408(a) of the Social Security Act (42 U.S.C. 608(a)), as added by
section 103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, is amended by adding at the end the
following:
``(12) Prohibition against imposition of work requirements
on families headed by an adult nonparental relative
caregiver.--A State to which a grant is made under this part
shall not use any part of the grant to require an exempt adult
to work, or to otherwise penalize an exempt adult or an exempt
family for the refusal of an exempt adult to work.
(d) Penalty for Imposition of Work Requirements.--Section 409(a) of
the Social Security Act (42 U.S.C. 609(a)), as added by section 103(a)
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996, is amended by redesignating paragraph (12) as paragraph (13)
and inserting after paragraph (11) the following:
``(12) Penalty for imposition of work requirements on
families headed by an adult nonparental relative caregiver.--If
the Secretary determines that a State to which a grant is made
under section 403 for a fiscal year has violated section
408(a)(12) during the fiscal year, the Secretary shall reduce
the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by 5 percent.''.
SEC. 3. TIME LIMITS NOT TO APPLY TO ADULT NONPARENTAL RELATIVE
CAREGIVER HEADS OF FAMILIES.
(a) Inapplicability of Time Limit Provisions.--
(1) 2-year work provision.--Section 402(a)(1)(A)(ii) of the
Social Security Act (42 U.S.C. 602(a)(1)(A)(ii)), as added by
section 103(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is amended by inserting
``, except as provided in section 407(e)(3)'' before the
period.
(2) 5-year limit.--
(A) In general.--Section 408(a)(7) of the Social
Security Act (42 U.S.C. 608(a)(7)), as added by section
103(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is amended by
redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by
inserting after subparagraph (D) the following:
``(E) Disregard of months of assistance received by
family head who is an adult nonparental relative
caregiver.--In determining the number of months for
which an adult has received assistance under the State
program funded under this part, the State shall
disregard any month during which the adult is an exempt
adult.''.
(B) Conforming amendment.--Section 408(a)(1)(B) of
the Social Security Act (42 U.S.C. 608(a)(1)(B)), as
added by section 103(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, is
amended by striking ``or (D)'' and inserting ``, (D),
or (E)''.
(b) Prohibition Against Imposition of Time Limits.--Section 408(a)
of the Social Security Act (42 U.S.C. 608(a)), as added by section
103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 and as amended by section 2(c) of this Act,
is amended by adding at the end the following:
``(13) Prohibition against imposition of time limits on
families headed by an adult nonparental relative caregiver.--A
State to which a grant is made under this part shall not use
any part of the grant to impose a limit on the duration of
assistance to an exempt adult or an exempt family under any
Federal, State, or local program, or to otherwise penalize an
exempt adult or an exempt family by reason of such status.
(d) Penalty for Imposition of Time Limits.--Section 409(a) of the
Social Security Act (42 U.S.C. 609(a)), as added by section 103(a) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 and as amended by section 2(d) of this Act, is amended by
redesignating paragraph (13) as paragraph (14) and inserting after
paragraph (12) the following:
``(13) Penalty for imposition of time limits on families
headed by an adult nonparental relative caregiver.--If the
Secretary determines that a State to which a grant is made
under section 403 for a fiscal year has violated section
408(a)(13) during the fiscal year, the Secretary shall reduce
the grant payable to the State under section 403(a)(1) for the
immediately succeeding fiscal year by 5 percent.''.
SEC. 4. GRANTS TO STATES FOR ASSISTANCE PROVIDED FOR ADULT NONPARENTAL
RELATIVE CAREGIVERS.
Section 403(a) of the Social Security Act (42 U.S.C. 607(b)), as
added by section 103(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, is amended by adding at the end
the following:
``(5) Grants for support provided for adult nonparental
relative caregivers.--
``(A) In general.--Each eligible State shall be
entitled to receive from the Secretary a grant for each
fiscal year in an amount equal to the total amount
expended by the State during the immediately preceding
fiscal year under the State program funded under this
part for assistance to any exempt family or exempt
adult for any month for which the family or the adult,
in the absence of section 408(a)(7)(E), would not be
eligible for such assistance.
``(B) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated for grants under
this paragraph such sums as may be necessary for each
fiscal year.''.
SEC. 5. DEFINITIONS.
Section 419 of the Social Security Act (42 U.S.C. 607(b)), as added
by section 103(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, is amended by redesignating paragraphs (2)
through (5) as paragraphs (4) through (7), respectively, and by
inserting after paragraph (1) the following:
``(2) Exempt adult.--The term `exempt adult' means an adult
who is--
``(A) living with and caring for a minor child who
is related to (but not a biological child of) the
adult; and
``(B) the head of a family that--
``(i) does not include a parent of any such
minor child; and
``(ii) does not include a biological child
of the adult.
``(3) Exempt family.--The term `exempt family' means a
family which--
``(A) is headed by an adult who is living with and
caring for a minor child who is related to (but not a
biological child of) the adult;
``(B) does not include a parent of any such minor
child; and
``(C) does not include a biological child of the
adult.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. | Grandparent and Family Caregiver Support Act of 1997 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to generally exempt adult nonparental relative caregiver heads of families on TANF assistance from various specified (welfare reform) provisions added by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 that involve work and various time limits, including the five-year limit on TANF assistance.
Sanctions States that ignore such exemption in imposing work requirements and time limits on such adults with reduced State TANF grants.
Provides for grants to States for assistance provided for adult nonparental relative caregivers. | {"src": "billsum_train", "title": "Grandparent and Family Caregiver Support Act of 1997"} | 2,107 | 148 | 0.585274 | 1.667325 | 0.657705 | 2.588235 | 14.210084 | 0.789916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paul Laurence Dunbar Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Paul Laurence Dunbar was one of the first influential
African-American poets in American literature, writing such
classics as ``Majors and Minors'' and ``Lyrics of Lowly Life'',
and composing the lyrics to ``In Dahomey'', the first all-
African-American musical produced on Broadway;
(2) Paul Laurence Dunbar was born June 27, 1872, to freed
slaves Joshua and Matilda Murphy Dunbar;
(3) Paul Laurence Dunbar first published a series of poems
at age 14 in the Dayton Herald;
(4) in 1893, Paul Laurence Dunbar published a series of
poems in a work entitled ``Oak and Ivy'';
(5) by the late 1890s, Paul Laurence Dunbar had become a
prominent author, having had his poems published in such major
national newspapers and magazines as The New York Times;
(6) over his career, Paul Laurence Dunbar went on to
publish more collections of poems, short stories, and novels;
(7) Paul Laurence Dunbar died on February 9, 1906, at 33
years of age;
(8) Paul Laurence Dunbar Senior High School (hereafter
referred to as Dunbar High School) was established in the
District of Columbia in 1870 as the Preparatory High School for
Colored Youth, and was the first public high school for
African-American students in the country;
(9) the Preparatory High School for Colored Youth was
renamed in 1916 in honor of Paul Laurence Dunbar;
(10) the Dunbar Alumni Federation (hereafter in this Act
referred to as the ``Federation'') was organized in 2002 to
provide scholarships and other financial support to students
and graduates of Dunbar High School;
(11) the Federation promotes and supports scholarship
efforts, along with school and community activities;
(12) the Federation leverages the prestige of Dunbar High
School and its distinguished alumni to enhance the education of
Dunbar High School students;
(13) the Federation promotes Dunbar High School alumni from
more than 35 years of graduating classes through their
scholarship efforts, community activities, and other endeavors
to support Dunbar High School;
(14) the Federation helps finance such student development
activities as the Debate Team, the Band, the Ski Team, the
Junior Reserve Officer Training Corps, and athletics;
(15) the Federation funds faculty, staff, and parent
appreciation and development activities; and
(16) the Federation collects and assembles artifacts and
memorabilia from alumni for historical and legacy displays to
chronicle Dunbar High School's rich history.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of Paul Laurence
Dunbar, the Secretary of the Treasury (hereafter in this Act referred
to as the ``Secretary'') shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be emblematic of Paul Laurence Dunbar.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the denomination of the coin;
(2) an inscription of the year ``2019''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the Commission of Fine Arts; and
(B) the Federation; and
(2) reviewed by the Citizens Commemorative Coin 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) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2019.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price based upon the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Federation.
(c) Exemption to Commemorative Coin Program Limitations.--This Act
shall--
(1) not be subject to section 5112(m)(1) of title 31,
United States Code; and
(2) not be a ``commemorative coin program'' for purposes of
such section.
(d) Audit.--The recipient described under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to the recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Paul Laurence Dunbar Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue $5 gold coins, $1 silver coins, and half-dollar clad coins in recognition and celebration of Paul Laurence Dunbar, one of the first influential African-American poets in American literature and the composer of the lyrics to In Dahomey, the first all African-American musical produced on Broadway. All surcharges received from sales of such coins shall be paid to the Dunbar Alumni Federation. | {"src": "billsum_train", "title": "Paul Laurence Dunbar Commemorative Coin Act"} | 1,785 | 107 | 0.51421 | 1.606109 | 0.791687 | 3.308511 | 17.244681 | 0.946809 |
That this Act may be
cited as the ``Social Security Administration Services Preservation
Act''.
findings and purposes
Sec. 2. (a) The Congress finds that--
(1) the service philosophy of the Social Security
Administration recognizes that the effective administration of
programs depends upon the goodwill and acceptance of the
public;
(2) the Statement of Objectives of the Social Security
Administration in the year of 1958 recognized that public
confidence and cooperation is partially based on the locations
and appearances of offices;
(3) the mission of the Social Security Administration
touches the lives of virtually all United States citizens and
therefore offices of the Administration need to be readily
accessible to all citizens regardless of residence;
(4) many United States citizens, especially many among the
handicapped and the elderly, need personal attention to needs
and should not be unnecessarily deprived of access to agency
officers;
(5) discrepancies exist between the formal procedures for
closing, consolidating, and recategorizing Social Security
Administration offices and the practice often used;
(6) the procedures used for such decisions are inconsistent
and often too informal;
(7) the procedures used in many closings, moves, and
recategorizations have not adequately considered the interests
of the individuals affected by the decisions; and
(8) all changes in the status and location of Social
Security Administration offices should be considered in such a
way as to not undermine public confidence in the Social
Security program.
(b) The purposes of this Act are to--
(1) ensure that the public interest is considered and
protected in all decisions to close, consolidate, or
recategorize Social Security Administration offices; and
(2) establish a fair procedure to be followed in all such
decisions.
consolidation, closing, or recategorization of a social security
administration office
Sec. 3. Title VII of the Social Security Act is amended by adding
at the end thereof the following new section:
``consolidation, closing or recategorization of a social security
administration office
``Sec. 712. (a) For purposes of this section, the term--
``(1) `adequate public notice' means the conspicuous
posting of a formal notice at the affected office and the
mailing of a written notice to at least--
``(A) the employees of the affected office;
``(B) the regularly published local press serving
the affected community;
``(C) all elected local public officials, community
groups, and county, parish, and State welfare offices,
and any other affected or relevant organization; and
``(D) the Members of Congress who serve the area in
which the affected office is located;
``(2) `move' with respect to an office means any change in
the physical location of such office, unless such move is
within the same political subdivision and is necessitated by an
involuntary loss of a lease or a need for additional space;
``(3) `office' includes all field offices, district
offices, and hearings and appeals offices of the Social
Security Administration;
``(4) `political subdivision' means a component of a county
or large city which has a common civic identity characterized
by neighborhood pride, independence, or homogeneous ethnic,
racial, religious, or economic background; and
``(5) `recategorize' means the process of scaling down an
office to a lesser status or level of function.
``(b) The Social Security Administration, after making a
determination as to the necessity for the closing, consolidation, or
recategorization of any office, shall provide adequate public notice of
such determination at least 90 days prior to the proposed date of such
closing, consolidation, or recategorization. Such notice shall include
an invitation for written comments on the proposal and shall include an
address for mailing such comments.
``(c) When making a determination to close, consolidate, or
recategorize an office, the Social Security Administration shall
consider--
``(1) the effect of such change on the community served by
such office including the availability of public transportation
to any site, the socioeconomic status of the community, the
caseload of the affected office, and such other factors as the
Social Security Administration determines are necessary;
``(2) the need of the community for personal service,
relative to mail or telephone service, based on demographic
information such as educational and literacy levels;
``(3) the effect of such determination on employees of the
Social Security Administration at such office; and
``(4) the economic savings to the Social Security
Administration resulting from the change.
``(d) The Commissioner of Social Security or the Deputy
Commissioner of Social Security shall approve all preliminary and final
determinations to close offices that are open full-time and provide a
full range of services. The authority to make other preliminary and
final determinations may be delegated by the Commissioner.
``(e) Any preliminary determination of the Social Security
Administration to close, consolidate, or recategorize an office shall
be in writing and shall include the findings of the Social Security
Administration with respect to the considerations required under
subsection (c).
``(f) A public hearing shall be--
``(1) held upon written request;
``(2) held no earlier than 60 days after adequate public
notice of such hearing is made;
``(3) conducted on all proposals to consolidate, close, or
recategorize the affected office;
``(4) held at or near the location of the affected office;
and
``(5) conducted by an official designated by the regional
or central office.
``(g) Within 30 days after the hearing held under the provisions of
subsection (f) or after the 90-day period described under subsection
(b), whichever is later, the Social Security Administration shall--
``(1) issue a final report that--
``(A) incorporates all of the testimony provided at
the public hearing and all written comments received;
and
``(B) specifies the final determination of the
status of the affected office;
``(2) send copies of the final report to the local
community press and the appropriate Members of Congress; and
``(3) provide adequate public notice of the final
determination, including a notice that copies of the full final
report may be viewed or obtained, without charge, at the
affected office.
``(h) A final determination of the Social Security Administration
to close, consolidate, or recategorize an office may be appealed by any
person served by such office to the Commissioner of Social Security.
Such appeal shall be filed no later than 30 days following adequate
public notice of the final determination under subsection (g)(3). The
Commissioner shall review such determination on the basis of the record
before the Social Security Administration in deciding such appeal. The
Commissioner shall set aside any determination, finding, or conclusion
found to be--
``(1) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with the law;
``(2) without observance of procedure required by law; or
``(3) unsupported by substantial evidence on the record.
``(i) No action may be taken to close, move, or recategorize any
office during the 30 days following the announcement of a decision nor
during the time that any level of appeal is pending.
``(j) The Social Security Administration shall include in its
annual budget submission to the Congress a list of all offices, as
defined under subsection (a)(3), and all contact stations that--
``(1) were closed or discontinued during the year preceding
the date of such submission; and
``(2) are scheduled to be closed or discontinued and the
date that such action is planned.''. | Social Security Administration Services Preservation Act - Amends title VII (Administration) of the Social Security Act to require the Social Security Administration (SSA) to provide advance public notice of a determination to close, consolidate, or recategorize an SSA office. Requires the SSA, when making such determination, to consider: (1) the effect of such change on the community served; (2) the community's need for personal as opposed to mail or telephone service; (3) the effect of such determination on office employees; and (4) SSA'S economic savings attributable to such change. Directs the Commissioner or Deputy Commissioner of Social Security to personally approve all preliminary and final determinations to close full-time offices that provide a full range of services.
Requires that a public hearing on a preliminary determination to close, consolidate, or recategorize an office be held upon written request at or near the location of the affected office. Directs SSA to issue a final report within 30 days after such hearing or 90 days after public notice of its preliminary determination, whichever is later, to the local press and appropriate Members of Congress specifying its final determination. Provides the public with notice of and access to such final report.
Authorizes persons served by an affected office to appeal a final determination to close, consolidate, or recategorize an office after adequate public notice of such determination.
Requires SSA to include in its annual budget submission to the Congress a list of its offices and contact stations which were closed or discontinued during the preceding year and those scheduled to be closed or discontinued and the date such action is planned. | {"src": "billsum_train", "title": "Social Security Administration Services Preservation Act"} | 1,615 | 352 | 0.578079 | 1.914799 | 0.803641 | 4.051282 | 5.291667 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Homeowners and
Foreclosure Stabilization Act of 2010''.
SEC. 2. PRESERVATION OF STAY OF FORECLOSURE OF PRINCIPAL RESIDENCE.
Section 362(d) of title 11, the United States Code, is amended in
paragraph (1) by inserting ``(excluding a stay of the foreclosure of
the principal residence of the debtor)'' after ``stay'' the first place
it appears.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (11) as paragraph
(12),
(B) in paragraph (10) by striking ``and'' at the
end, and
(C) by inserting after paragraph (10) the
following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
loan originated before the effective date of this paragraph and
secured by a security interest in the debtor's principal
residence that is the subject of a notice that a foreclosure
may be commenced with respect to such loan, modify the rights
of the holder of such claim (and the rights of the holder of
any claim secured by a subordinate security interest in such
residence)--
``(A) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan;
``(B) by modifying the terms and conditions of such
loan to provide for the payment of interest accruing
after the date of the order for relief under this
chapter at a fixed annual rate equal to the currently
applicable average prime offer rate as of the date of
the order for relief under this chapter, corresponding
to the repayment term determined under the preceding
paragraph, as published by the Federal Financial
Institutions Examination Council in its table entitled
`Average Prime Offer Rates--Fixed', plus a reasonable
premium for risk; and
``(C) by providing for payments of such modified
loan directly to the holder of such claim; and'', and
(2) by adding at the end the following:
``(g) A claim may be reduced under subsection (b)(11)(A) only on
the condition that if the debtor sells the principal residence securing
such claim, before receiving a discharge under this chapter and
receives net proceeds from the sale of such residence, then the debtor
agrees to pay to such holder if such residence is sold in the 10-year
period beginning on the effective date of the plan, 30 percent of the
capital gains, if any, as defined in section 1001 of the Internal
Revenue Code of 1986.''.
SEC. 4. EXTENDED PERIOD FOR FILING CERTAIN CHAPTER 13 PLANS.
If the debtor's plan modifies the rights of a holder of a claim
under section 1322(b)(11), then for purposes of rule 3015(b) of the
Federal Rules of Bankruptcy Procedure a reference to ``14 days'' shall
be deemed to be a reference to ``30 days''.
SEC. 5. EXEMPTION FROM COUNSELING REQUIREMENT.
Section 109(h) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``(2) and (3)'' and
inserting ``(2), (3), (4), and (5)''; and
(2) by adding at the end the following:
``(5) The requirements of paragraph (1) shall not apply with
respect to a debtor whose principal residence is the subject of a
notice of foreclosure (or similar notice under State law).''.
SEC. 6. REQUIREMENT TO REQUEST MODIFICATION.
Section 521(a) of title 11, the United States Code, is amended--
(1) in paragraph (6) by striking ``and'' at the end,
(2) in paragraph (7) by striking the period at the end, and
(3) and inserting after paragraph (7) the following:
``(8) in a voluntary case under chapter 13 in which there
is a debt secured by a lien on the principal residence of the
debtor, certify under penalty of perjury that before the filing
of the petition debtor requested that the holder of the claim
for such debt modify such debt.''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to modify any obligation of the Federal Housing
Administration, the Veterans Administration, or the Department of
Agriculture under a contract that guarantees or insures the payment of
any part of a loan secured by a security interest in a principal
residence.
SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this and
the amendments made by this shall take effect on the date of the
enactment of this Act.
(b) Application of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall apply with respect to cases
commenced under title 11 of the United States Code before, on,
or after the date of the enactment of this Act.
(2) Limitation.--Paragraph (1) shall not apply with respect
to cases closed under title 11 of the United States Code as of
the date of the enactment of this Act that are neither pending
on appeal in, nor appealable to, any court of the United
States. | Protecting Homeowners and Foreclosure Stabilization Act of 2010 - Amends the bankruptcy code to make an exception to the requirement that the bankruptcy court grant relief from a stay, on the request of a party in interest, by terminating, annulling, modifying, or conditioning the stay for cause, including the lack of adequate protection of an interest in property of that party in interest. Excludes from mandatory relief from a stay on these grounds any stay of the foreclosure of the debtor's principal residence.
Amends Chapter 13 (Adjustment of Debts of an Individual with Regular Income) of the bankruptcy code with respect to discretionary contents of the debtor's plan for adjustments of his or her debts. Allows the plan, subject to certain conditions, to modify the rights of the holder of a claim for a loan: (1) originated before the effective date of this Act, and (2) secured by a security interest (including a subordinate security interest) in the debtor's principal residence that is the subject of a notice that a foreclosure on the loan may be commenced.
Specifies as such conditions that the plan: (1) prohibits, reduces, or delays any otherwise permissible adjustments to the interest rate applicable on and after the date of the filing of the plan; (2) modifies the terms and conditions of the loan to provide for the payment of interest accruing after the date of the order for relief at a fixed annual rate equal to a specified rate, plus a reasonable premium for risk; and (3) provides for payments of the modified loan directly to the claim holder.
Allows a claim to be reduced under this Act only on the condition that, if the debtor sells the principal residence securing the claim before receiving a discharge from debt, and receives net proceeds from that sale, then the debtor agrees to pay the claim holder 30% of the capital gains if the residence is sold within 10 years after the plan's effective date.
Extends from 14 to 30 days the deadline, under the Federal Rules of Bankruptcy Procedure, for the filing of a debtor's plan after the filing of a Chapter 13 petition, if the debtor's plan would modify the rights of a claim holder pursuant to this Act.
Exempts from the credit counseling requirement any debtor whose principal residence is the subject of a notice of foreclosure (or similar notice under state law).
Makes it one of the duties of a debtor in a voluntary case under chapter 13, in which a debt is secured by a lien on the debtor's principal residence, to certify under penalty of perjury that, before the filing of the petition, the debtor requested the holder of the claim for such debt to modify the debt. | {"src": "billsum_train", "title": "To amend title 11 of the United States Code to modify the application of chapter 13 with respect to principal residences that are the subject of foreclosure."} | 1,279 | 608 | 0.669197 | 2.323705 | 0.711198 | 3.300766 | 2.239464 | 0.894636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cruise Vessel Consumer Confidence
Act of 2013''.
SEC. 2. CRUISE VESSEL PASSENGER PROTECTIONS.
(a) In General.--Subtitle VIII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 807--CRUISE VESSEL PASSENGER PROTECTIONS
``Sec.
``80701. Unfair or deceptive practices and unfair methods of
competition.
``80702. Reimbursement for delays.
``80703. Customer service plans.
``80704. Passenger complaints.
``80705. Report.
``80706. Authorization of fees.
``80707. Definitions.
``Sec. 80701. Unfair or deceptive practices and unfair methods of
competition
``(a) In General.--The Federal Maritime Commission may investigate
an action by an owner of a cruise vessel relating to the sale of a
ticket for passenger travel on a cruise vessel to determine if such
action is--
``(1) an unfair or deceptive practice; or
``(2) an unfair method of competition.
``(b) Origination of Investigations.--The Commission may conduct an
investigation under subsection (a) on the initiative of the Commission
or upon receiving a complaint submitted to the Commission.
``(c) Enforcement.--
``(1) In general.--If the Commission determines that an
action is an unfair or deceptive practice or an unfair method
of competition under this section, the Commission, after notice
and an opportunity for a hearing--
``(A) shall order the owner of a cruise vessel
carrying out such action to cease such action; and
``(B) if such owner violates the order under
subparagraph (A), may impose on such owner a civil
penalty of not more than $25,000.
``(2) Continuing violations.--For purposes of paragraph
(1)(B), each day of a continuing violation shall be treated as
a separate violation.
``(d) Disclosure Requirements.--
``(1) In general.--It shall be an unfair or deceptive
practice for purposes of subsection (a) for any owner of a
cruise vessel offering to sell a ticket for passenger travel on
a cruise vessel to fail to disclose, in writing, prior to such
offer--
``(A) the name of the cruise vessel on which the
travel will take place;
``(B) the casualty history of the cruise vessel,
including an identification of all man overboard
instances;
``(C) a list of all complaints of crimes committed
on any voyage of the cruise vessel that embarked or
disembarked passengers in the United States, including
all incidents reported to the Federal Bureau of
Investigation without regard to investigative status,
which shall indicate, for each complaint--
``(i) whether a crew member was involved;
``(ii) whether a passenger was involved;
and
``(iii) whether a minor was involved;
``(D) the number of gastric illness outbreaks on
the cruise vessel for which the Centers for Disease
Control and Prevention required--
``(i) reporting of an outbreak to the
Centers; or
``(ii) quarantining more than 10
passengers;
``(E) the number and length of delays of the cruise
vessel due to mechanical failures;
``(F) the country under the laws of which the
cruise vessel is documented;
``(G) where criminal and civil investigations and
proceedings will be held for incidents that occur
outside of United States waters;
``(H) a statement of whether the ticket price
includes all applicable taxes and fees, including taxes
and fees relating to ports of call;
``(I) an estimate of all applicable taxes and fees,
including taxes and fees relating to ports of call;
``(J) any other material condition of the travel
determined appropriate for disclosure by the
Commission; and
``(K) instructions to passengers on how to file
complaints with the Commission regarding the cruise
vessel and any violations of this chapter.
``(2) Internet offers.--In the case of an offer to sell
tickets for passenger travel on a cruise vessel through an
Internet Web site, disclosure of the information required under
paragraph (1) shall be--
``(A) provided on the first display of the Web site
that follows a search of a requested itinerary; and
``(B) in a format that is easily visible to a
viewer.
``(e) Electronic Tickets.--It shall be an unfair or deceptive
practice for purposes of subsection (a) for any owner of a cruise
vessel offering to sell a ticket for passenger travel on a cruise
vessel through an Internet Web site to require that the ticket
purchaser provide a printed version of that ticket for such travel if
the purchaser is able to provide identification determined appropriate
by the Commission at the time of such travel.
``Sec. 80702. Reimbursement for delays
``(a) In General.--The Federal Maritime Commission shall establish
a process to ensure that, in any case in which the initial departure or
the final disembarking of a cruise vessel for a cruise is delayed for a
period of more than 24 hours, a passenger with a ticket for the vessel
subject to such delay is reimbursed by an owner of the vessel in an
amount that--
``(1) if the delay is more than 24 hours but less than 48
hours, is equal to the lesser of--
``(A) half the price of the ticket of the
passenger; or
``(B) $500; or
``(2) if the delay is 48 hours or more, is equal to the
price of the ticket of the passenger.
``(b) Exceptions.--The Commission shall ensure that the process
under subsection (a) establishes appropriate exceptions for delays that
are the result of an unforeseeable event and are not related to a
mechanical failure, including--
``(1) inclement weather;
``(2) political unrest;
``(3) piracy; or
``(4) an action necessary to preserve the safety of
passengers.
``(c) Enforcement.--If the Commission determines that an owner of a
cruise vessel failed to reimburse a passenger as required under this
section, the Commission, after notice and an opportunity for a hearing,
may impose on such person a civil penalty of not more than $25,000.
``Sec. 80703. Customer service plans
``(a) In General.--An owner of a cruise vessel shall submit to the
Federal Maritime Commission a plan with respect to customer service
that includes processes for--
``(1) appropriately notifying passengers of delays and
cancellations;
``(2) ensuring transparent cancellation policies;
``(3) issuing prompt ticket refunds after cancellations;
``(4) properly accommodating passengers with disabilities
or special needs;
``(5) ensuring responsiveness to passenger complaints;
``(6) notifying passengers in a timely manner of changes to
planned itineraries or ports of call; and
``(7) meeting the essential needs of passengers during
lengthy delays, including by providing access to--
``(A) adequate food and potable water;
``(B) adequate restroom facilities;
``(C) electrical power;
``(D) real-time updates with respect to the delay;
``(E) cabin ventilation and comfortable cabin
temperatures; and
``(F) necessary medical treatment.
``(b) Ticket Contracts.--
``(1) Incorporation.--An owner of a cruise vessel shall
incorporate the plan submitted under subsection (a) into the
ticket contract of that owner.
``(2) Availability on internet.--An owner of a cruise
vessel shall make the ticket contract of that owner, including
the plan submitted under subsection (a), available on the Web
site of that owner in an easily accessible form.
``(c) Review.--The Commission shall review each plan submitted
under subsection (a) to determine if such plan is complete and may
require modifications of that plan for completeness as the Commission
determines necessary.
``(d) Timing.--
``(1) Initial submission of plans.--An owner of a cruise
vessel shall submit a plan under subsection (a) with respect to
the vessel--
``(A) if the vessel is owned or operated by the
owner on the date of enactment of this section, not
later than 120 days after such date of enactment; and
``(B) if ownership or operation of the vessel is
acquired by the owner after the date of enactment of
this section, not later than 120 days after the date of
such acquisition.
``(2) Review of plans.--The Commission shall determine the
completeness of each plan submitted to the Commission under
subsection (a) not later than 120 days after receiving such
plan.
``(e) Updates.--The Commission may periodically review plans
submitted under subsection (a) for completeness and require updates of
such plans as the Commission determines necessary.
``(f) Guidance.--Not later than 90 days after the date of enactment
of this section, the Commission shall issue guidance with respect to
the plans required under this section, which shall include information
regarding--
``(1) plan elements and the requirements for each of those
elements; and
``(2) filing of the plans, including contact information.
``(g) Enforcement.--
``(1) In general.--The Commission may impose, after notice
and an opportunity for a hearing, on any owner of a cruise
vessel who violates this section and any owner of a cruise
vessel determined to be operating in violation of a plan
submitted under this section, a civil penalty of not more than
$25,000.
``(2) Continuing violations.--For purposes of paragraph
(1), each day of a continuing violation shall be treated as a
separate violation.
``Sec. 80704. Passenger complaints
``(a) In General.--The Federal Maritime Commission shall establish
a process for cruise vessel passengers to report to the Commission
complaints relating to subjects addressed under this chapter, which
shall include a telephone number, an email address, and other
appropriate electronic means for complaint submission.
``(b) Notice.--The Commission shall notify the public and require
cruise vessel owners to notify passengers of the process established
under subsection (a).
``Sec. 80705. Report
``Not later than 3 years after the date of enactment of this
section, and every 3 years thereafter, the Federal Maritime Commission
shall submit to Congress a report on the implementation of this chapter
by the Commission, including any penalties imposed under this chapter.
``Sec. 80706. Authorization of fees
``(a) In General.--The Federal Maritime Commission may establish,
adjust, and collect fees in cruise vessel ticket prices to fund the
implementation of this chapter.
``(b) Relationship to Costs.--The Federal Maritime Commission shall
ensure that fees under subsection (a) are reasonably related to the
costs incurred by the Commission in implementing this chapter.
``(c) Limitations on Judicial Review.--The following shall not be
subject to judicial review:
``(1) The establishment or adjustment of a fee by the
Commission under this section.
``(2) The validity of a determination by the Commission for
purposes of this section of the costs to implement this chapter
and the processes and procedures applied by the Commission in
reaching such determination.
``(3) The allocation of costs by the Commission to services
it provides pursuant to this chapter and the processes and
procedures applied by the Commission in establishing such
allocation.
``(d) Costs Defined.--In this section, the term `costs' includes
operation and maintenance costs, leasing costs, and overhead expenses
associated with services provided by the Federal Maritime Commission
under this chapter and the facilities and equipment used in providing
such services.
``Sec. 80707. Definitions
``In this chapter, the following definitions apply:
``(1) Cruise vessel.--The term `cruise vessel' means a
passenger vessel (as defined in section 2101(22)) that--
``(A) is authorized to carry at least 250
passengers;
``(B) has onboard sleeping facilities for each
passenger; and
``(C) is used for voyages that embark or disembark
passengers in the United States.
``(2) Mechanical failure.--The term `mechanical failure'
means, with respect to a cruise vessel, the failure of any
machine or mechanical system of that vessel to function within
the parameters that the manufacturer or engineer of that
machine or system has specified is normal.
``(3) Owner.--The term `owner' means, with respect to a
cruise vessel, the owner, charterer, managing operator, master,
or other individual in charge of the vessel.''.
(b) Clerical Amendment.--The analysis for subtitle VIII of title
46, United States Code, is amended by adding after the item relating to
chapter 805 the following:
``807. Cruise Vessel Passenger Protections......... 80701''.
(c) Rule of Construction.--Nothing in this section, including any
amendment made in this section, may be construed to eliminate or
replace authority provided to a department or agency under other
Federal or State law. | Cruise Vessel Consumer Confidence Act of 2013 - Amends federal shipping law to authorize the Federal Maritime Commission (FMC) to investigate, on its own initiative or upon receiving a complaint, whether the sale of a ticket to a cruise vessel passenger by a cruise vessel owner is: (1) an unfair or deceptive practice, or (2) an unfair method of competition. Requires the FMC, in cases of an affirmative determination, to order the owner to cease such sales. Authorizes the FMC to impose a civil penalty of up to $25,000 for owners who violate such orders. Makes it an unfair or deceptive practice for an owner that fails to make certain written disclosures before offering to sell a ticket to a passenger. Makes it an unfair or deceptive practice for an owner offering to sell a ticket to a passenger via the Internet (electronic ticket) to require that the ticket purchaser provide a printed version of that ticket if the purchaser is able to provide appropriate identification at the time of travel. Directs the FMC to establish a process to ensure that a passenger with a ticket for a vessel whose initial departure or final disembarkment is delayed for more than 24 hours is reimbursed by the owner in an amount that is equal to: (1) the lesser of half the ticket price or $500, if the delay is between 24 and 48 hours; or (2) the full price of the ticket, if the delay is 48 hours or more. Requires a cruise vessel owner to: (1) submit a customer service plan to the FMC, (2) incorporate it into the ticket contract of that owner, and (3) make both of them easily available on the owner's website. Directs the FMC to establish a process for passengers to report complaints to the FMC. Authorizes the FMC to establish, adjust, and collect fees in ticket prices to fund implementation of this Act. | {"src": "billsum_train", "title": "Cruise Vessel Consumer Confidence Act of 2013"} | 2,960 | 420 | 0.617287 | 2.094211 | 0.774755 | 2.997253 | 7.678571 | 0.887363 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Readiness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Students must be prepared in core academic subjects.
(2) Students must possess the skills to be able to think
critically and solve problems, be effective communicators,
collaborate with others, and learn to create and innovate.
(3) In order for students in the United States to be
prepared to succeed in citizenship and workplaces of the
present and future, core academic subjects must be fused with
critical thinking and problem solving, communication,
collaboration, and creativity and innovation skills, as such
skills are critical for success in the 21st century.
(4) The work of the National Governors Association, along
with the Council of Chief State School Officers, in developing
a set of voluntary and internationally benchmarked national
common standards in mathematics and English that include
rigorous content and 21st century skills, is a positive
development and should serve as a basis for incorporating those
skills and other critical skills throughout other core academic
subjects in the future. Federal policy must support State
leadership and encourage continued State innovation.
SEC. 3. COLLEGE AND CAREER READINESS STATEMENT OF PURPOSE.
Section 1001 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301) is amended--
(1) in paragraph (11), by striking ``and'' after the
semicolon;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) fusing core academic subject knowledge mastery and
higher-order thinking skills (such as critical thinking and
problem solving, communication, collaboration, creativity, and
innovation) to ensure that students can apply a range of skill
competencies alongside content knowledge, and do so in real-
world contexts.''.
SEC. 4. EVALUATING OF COLLEGE AND CAREER READINESS.
Section 1501(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6491(a)(2)) is amended--
(1) by redesignating subparagraph (O) as subparagraph (P);
and
(2) by inserting after subparagraph (N) the following:
``(O) The extent to which fusing core academic
subjects and higher-order thinking skills (such as
critical thinking and problem solving, communication,
collaboration, creativity, and innovation) to ensure
that students can apply a range of skill competencies
alongside content knowledge in real-world contexts
leads to readiness for postsecondary education and
careers.''.
SEC. 5. SCHOOL REFORM THROUGH 21ST CENTURY READINESS INITIATIVES.
Section 1606(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6516(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following:
``(11) includes a 21st century readiness initiative
designed to fuse core academic subject knowledge and higher-
order thinking skills (such as critical thinking and problem
solving, communication, collaboration, creativity, and
innovation) to ensure students can apply a range of skill
competencies alongside content knowledge, and do so in real-
world contexts; and''.
SEC. 6. SCHOOL DROPOUT PREVENTION STRATEGIES THROUGH 21ST CENTURY
READINESS INITIATIVES.
Section 1822(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6561a(b)(1)) is amended--
(1) in subparagraph (I), by striking ``and'' after the
semicolon;
(2) in subparagraph (J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(K) implementing 21st century readiness
initiatives, such as initiatives that fuse core
academic subject knowledge and higher-order thinking
skills (such as critical thinking and problem solving,
communication, collaboration, creativity, and
innovation) to ensure students can apply a range of
skill competencies alongside content knowledge, and do
so in real-world contexts.''.
SEC. 7. HIGH-QUALITY PROFESSIONAL DEVELOPMENT INITIATIVES AROUND 21ST
CENTURY SKILLS.
Section 2102 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6602) is amended--
(1) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) High-quality professional development.--The term
`high-quality professional development' means professional
development that incorporates an aligned system of teaching and
learning that includes 21st century skills (such as critical
thinking and problem solving, communication, collaboration,
creativity, and innovation), standards, curriculum,
instruction, and assessments, such as high-quality professional
development that--
``(A) ensures that educators understand the
importance of 21st century skills and how best to
integrate such skills into daily instruction;
``(B) enables collaboration among all participants;
``(C) allows educators to construct their own
learning communities;
``(D) uses expertise within a school or local
educational agency through coaching, mentoring, and
team teaching;
``(E) supports educators in their role as
facilitators of learning; and
``(F) uses 21st century skills technology tools.''.
SEC. 8. HIGH-QUALITY PROFESSIONAL DEVELOPMENT APPLICATION.
Section 2122(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6622(b)) is amended by adding at the end the following:
``(12) A description of how the local educational agency
will provide high-quality professional development to enable
educators to--
``(A) deliver instruction on higher-order thinking
skills (such as critical thinking and problem solving,
communication, collaboration, creativity, and
innovation) to ensure that students can apply a range
of skill competencies alongside core academic subject
knowledge, and do so in real-world contexts; and
``(B) use the latest available technology to
deliver instruction on higher-order thinking skills.''.
SEC. 9. HIGH-QUALITY PROFESSIONAL DEVELOPMENT TRAINING.
Section 2123(a)(3)(B) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6623(a)(3)(B)) is amended--
(1) in clause (iv), by striking ``and'' at the end;
(2) in clause (v), by striking the period at the end and
adding ``; and''; and
(3) by adding at the end the following:
``(vi) provide training on how to deliver
instruction on higher-order thinking skills
(such as critical thinking and problem solving,
communication, collaboration, creativity, and
innovation) so that students can apply a range
of skill competencies alongside core academic
subject knowledge, and do so in real-world
contexts, which may include effectively
integrating technology into curricula and
instruction.''.
SEC. 10. EXPANDED 21ST CENTURY COMMUNITY LEARNING CENTER ACTIVITIES.
Section 4205(a) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7175(a)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and adding ``; and''; and
(3) by adding at the end the following:
``(13) initiatives that allow students to apply a range of
skill competencies (such as critical thinking and problem
solving, communication, collaboration, creativity, and
innovation) alongside core academic subjects, and do so in
real-world contexts, which may include effectively using
technology to improve student achievement.''.
SEC. 11. 21ST CENTURY READINESS ASSESSMENTS.
Section 6111(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7301(2)) is amended by adding at the end the following:
``(I) Developing or improving assessments that use
technology to measure core academic subject knowledge
and higher-order thinking skills (such as critical
thinking and problem solving, communication,
collaboration, creativity, and innovation) to ensure
that students can apply a range of skill competencies
alongside core academic subject knowledge, and do so in
real-world contexts.''.
SEC. 12. 21ST CENTURY READINESS INITIATIVE DEFINITION.
Section 9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801) is amended--
(1) by redesignating paragraphs (1) through (43) as
paragraphs (2) through (44), respectively; and
(2) by inserting before paragraph (2), the following:
``(1) 21st century readiness initiative.--The term `21st
century readiness initiative' means any initiative that--
``(A) embeds core academic subjects with critical
skills; and
``(B) is focused on ensuring that students are
prepared for postsecondary education and careers, upon
graduation from secondary school.''. | 21st Century Readiness Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to support 21st century readiness initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students are prepared for postsecondary education and careers, upon graduation from secondary school.
Amends title I (Improving the Academic Achievement of the Disadvantaged) of the ESEA to require the Secretary of Education, as part of the national assessment of title I programs, to examine the extent to which such initiatives improve student readiness for postsecondary education and careers.
Includes 21st century readiness initiatives in comprehensive school reform programs and school dropout prevention and reentry programs under title I.
Amends title II (Preparing, Training, and Recruiting High Quality Teachers and Principals) of the ESEA to require high-quality professional development programs to incorporate an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments.
Requires LEAs to use title II subgrants to enable educators to deliver instruction on higher-order thinking skills and use the latest available technology in doing so.
Amends title IV (21st Century Schools) of the ESEA to include 21st century readiness initiatives in 21st Century Community Learning Center activities. (21st Century Community Learning Centers provide students with before and after school programs to improve their academic performance.)
Amends title VI (Flexibility and Accountability) of the ESEA to allow assessment grants to be used by states to develop or improve assessments that use technology to measure core academic subject knowledge and higher-order thinking skills to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. | {"src": "billsum_train", "title": "A bill to provide, develop, and support 21st century readiness initiatives that assist students in acquiring the skills necessary to think critically and solve problems, be an effective communicator, collaborate with others, and learn to create and innovate."} | 2,067 | 421 | 0.591886 | 1.946286 | 0.827233 | 4.288515 | 5.32493 | 0.871148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pain-Capable Unborn Child Protection
Act''.
SEC. 2. LEGISLATIVE FINDINGS.
Congress finds and declares the following:
(1) Pain receptors (nociceptors) are present throughout the
unborn child's entire body and nerves link these receptors to
the brain's thalamus and subcortical plate by no later than 20
weeks after fertilization.
(2) By 8 weeks after fertilization, the unborn child reacts
to touch. After 20 weeks, the unborn child reacts to stimuli
that would be recognized as painful if applied to an adult
human, for example, by recoiling.
(3) In the unborn child, application of such painful
stimuli is associated with significant increases in stress
hormones known as the stress response.
(4) Subjection to such painful stimuli is associated with
long-term harmful neurodevelopmental effects, such as altered
pain sensitivity and, possibly, emotional, behavioral, and
learning disabilities later in life.
(5) For the purposes of surgery on unborn children, fetal
anesthesia is routinely administered and is associated with a
decrease in stress hormones compared to their level when
painful stimuli are applied without such anesthesia. In the
United States, surgery of this type is being performed by 20
weeks after fertilization and earlier in specialized units
affiliated with children's hospitals.
(6) The position, asserted by some physicians, that the
unborn child is incapable of experiencing pain until a point
later in pregnancy than 20 weeks after fertilization
predominately rests on the assumption that the ability to
experience pain depends on the cerebral cortex and requires
nerve connections between the thalamus and the cortex. However,
recent medical research and analysis, especially since 2007,
provides strong evidence for the conclusion that a functioning
cortex is not necessary to experience pain.
(7) Substantial evidence indicates that children born
missing the bulk of the cerebral cortex, those with
hydranencephaly, nevertheless experience pain.
(8) In adult humans and in animals, stimulation or ablation
of the cerebral cortex does not alter pain perception, while
stimulation or ablation of the thalamus does.
(9) Substantial evidence indicates that structures used for
pain processing in early development differ from those of
adults, using different neural elements available at specific
times during development, such as the subcortical plate, to
fulfill the role of pain processing.
(10) The position, asserted by some commentators, that the
unborn child remains in a coma-like sleep state that precludes
the unborn child experiencing pain is inconsistent with the
documented reaction of unborn children to painful stimuli and
with the experience of fetal surgeons who have found it
necessary to sedate the unborn child with anesthesia to prevent
the unborn child from engaging in vigorous movement in reaction
to invasive surgery.
(11) Consequently, there is substantial medical evidence
that an unborn child is capable of experiencing pain at least
by 20 weeks after fertilization, if not earlier.
(12) It is the purpose of the Congress to assert a
compelling governmental interest in protecting the lives of
unborn children from the stage at which substantial medical
evidence indicates that they are capable of feeling pain.
(13) The compelling governmental interest in protecting the
lives of unborn children from the stage at which substantial
medical evidence indicates that they are capable of feeling
pain is intended to be separate from and independent of the
compelling governmental interest in protecting the lives of
unborn children from the stage of viability, and neither
governmental interest is intended to replace the other.
SEC. 3. PAIN-CAPABLE UNBORN CHILD PROTECTION.
(a) In General.--Chapter 74 of title 18, United States Code, is
amended by inserting after section 1531 the following:
``Sec. 1532. Pain-capable unborn child protection
``(a) Unlawful Conduct.--Notwithstanding any other provision of
law, it shall be unlawful for any person to perform an abortion or
attempt to do so, unless in conformity with the requirements set forth
in subsection (b).
``(b) Requirements for Abortions.--
``(1) The physician performing or attempting the abortion
shall first make a determination of the probable post-
fertilization age of the unborn child or reasonably rely upon
such a determination made by another physician. In making such
a determination, the physician shall make such inquiries of the
pregnant woman and perform or cause to be performed such
medical examinations and tests as a reasonably prudent
physician, knowledgeable about the case and the medical
conditions involved, would consider necessary to make an
accurate determination of post-fertilization age.
``(2)(A) Except as provided in subparagraph (B), the
abortion shall not be performed or attempted, if the probable
post-fertilization age, as determined under paragraph (1), of
the unborn child is 20 weeks or greater.
``(B) Subject to subparagraph (C), subparagraph (A) does
not apply if--
``(i) in reasonable medical judgment, the abortion
is necessary to save the life of a pregnant woman whose
life is endangered by a physical disorder, physical
illness, or physical injury, including a life-
endangering physical condition caused by or arising
from the pregnancy itself, but not including
psychological or emotional conditions; or
``(ii) the pregnancy is the result of rape, or the
result of incest against a minor, if the rape has been
reported at any time prior to the abortion to an
appropriate law enforcement agency, or if the incest
against a minor has been reported at any time prior to
the abortion to an appropriate law enforcement agency
or to a government agency legally authorized to act on
reports of child abuse or neglect.
``(C) Notwithstanding the definitions of `abortion' and
`attempt an abortion' in this section, a physician terminating
or attempting to terminate a pregnancy under an exception
provided by subparagraph (B) may do so only in the manner
which, in reasonable medical judgment, provides the best
opportunity for the unborn child to survive, unless, in
reasonable medical judgment, termination of the pregnancy in
that manner would pose a greater risk of--
``(i) the death of the pregnant woman; or
``(ii) the substantial and irreversible physical
impairment of a major bodily function, not including
psychological or emotional conditions, of the pregnant
woman;
than would other available methods.
``(c) Criminal Penalty.--Whoever violates subsection (a) shall be
fined under this title or imprisoned for not more than 5 years, or
both.
``(d) Bar to Prosecution.--A woman upon whom an abortion in
violation of subsection (a) is performed or attempted may not be
prosecuted under, or for a conspiracy to violate, subsection (a), or
for an offense under section 2, 3, or 4 of this title based on such a
violation.
``(e) Definitions.--In this section the following definitions
apply:
``(1) Abortion.--The term `abortion' means the use or
prescription of any instrument, medicine, drug, or any other
substance or device--
``(A) to intentionally kill the unborn child of a
woman known to be pregnant; or
``(B) to intentionally terminate the pregnancy of a
woman known to be pregnant, with an intention other
than--
``(i) after viability to produce a live
birth and preserve the life and health of the
child born alive; or
``(ii) to remove a dead unborn child.
``(2) Attempt an abortion.--The term `attempt', with
respect to an abortion, means conduct that, under the
circumstances as the actor believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in
performing an abortion.
``(3) Fertilization.--The term `fertilization' means the
fusion of human spermatozoon with a human ovum.
``(4) Perform.--The term `perform', with respect to an
abortion, includes induce an abortion through a medical or
chemical intervention including writing a prescription for a
drug or device intended to result in an abortion.
``(5) Physician.--The term `physician' means a person
licensed to practice medicine and surgery or osteopathic
medicine and surgery, or otherwise legally authorized to
perform an abortion.
``(6) Post-fertilization age.--The term `post-fertilization
age' means the age of the unborn child as calculated from the
fusion of a human spermatozoon with a human ovum.
``(7) Probable post-fertilization age of the unborn
child.--The term `probable post-fertilization age of the unborn
child' means what, in reasonable medical judgment, will with
reasonable probability be the postfertilization age of the
unborn child at the time the abortion is planned to be
performed or induced.
``(8) Reasonable medical judgment.--The term `reasonable
medical judgment' means a medical judgment that would be made
by a reasonably prudent physician, knowledgeable about the case
and the treatment possibilities with respect to the medical
conditions involved.
``(9) Unborn child.--The term `unborn child' means an
individual organism of the species homo sapiens, beginning at
fertilization, until the point of being born alive as defined
in section 8(b) of title 1.
``(10) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 74 of title 18, United States Code, is amended by adding at the
end the following new item:
``1532. Pain-capable unborn child protection.''.
(c) Chapter Heading Amendments.--
(1) Chapter heading in chapter.--The chapter heading for
chapter 74 of title 18, United States Code, is amended by
striking ``PARTIAL-BIRTH ABORTIONS'' and inserting
``ABORTIONS''.
(2) Table of chapters for part i.--The item relating to
chapter 74 in the table of chapters at the beginning of part I
of title 18, United States Code, is amended by striking
``Partial-Birth Abortions'' and inserting ``Abortions''. | Pain-Capable Unborn Child Protection Act - Amends the federal criminal code to prohibit any person from performing or attempting to perform an abortion except in conformity with this Act's requirements. Requires the physician to first determine the probable post-fertilization age of the unborn child, or reasonably rely upon such a determination made by another physician, by making inquiries of the pregnant woman and performing such medical examinations and tests as a reasonably prudent physician would consider necessary. Prohibits the abortion from being performed if the probable post-fertilization age of the unborn child is 20 weeks or greater, except: (1) where necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, illness, or injury, excluding psychological or emotional conditions; or (2) where the pregnancy is the result of rape, or the result of incest against a minor, if the rape has been reported at any time prior to the abortion to an appropriate law enforcement agency, or if the incest has been reported at any time prior to the abortion to an appropriate law enforcement agency or to a government agency legally authorized to act on reports of child abuse or neglect. Permits a physician to terminate a pregnancy under such an exception only in the manner that provides the best opportunity for the unborn child to survive, unless that manner would pose a greater risk than other available methods would pose of the death or substantial and irreversible physical impairment of a major bodily function, excluding psychological or emotional conditions, of the pregnant woman. Subjects individuals who violate this Act to a fine, imprisonment for not more than five years, or both. Bars prosecution of a woman upon whom an abortion is performed in violation of this Act for violating or conspiring to violate this Act. Defines "abortion" to mean the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn child or to intentionally terminate a pregnancy with an intention other than: (1) after viability, to produce a live birth and preserve the life and health of the child; or (2) to remove a dead unborn child. | {"src": "billsum_train", "title": "Pain-Capable Unborn Child Protection Act"} | 2,333 | 474 | 0.469137 | 1.551145 | 0.600355 | 5.264563 | 5.116505 | 0.93932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon Predation
Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) preventing predation by sea lions, recovery of listed
salmonid stocks, and preventing future listings of fish stocks in
the Columbia River under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) is a vital priority; and
(2) the Federal Government should continue to fund lethal and
nonlethal removal, and deterrence, measures for preventing such
predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER
NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River or Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other provision
of this Act, the Secretary may issue a permit to an eligible entity
to authorize the intentional lethal taking on the waters of the
Columbia River and its tributaries of individually identifiable sea
lions that are part of a population or stock that is not
categorized under this Act as depleted or strategic for the purpose
of protecting--
``(A) species of salmon, steelhead, or eulachon that are
listed as endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not so listed
as endangered or threatened but are listed as a species of
concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to the
Secretary for a permit under this subsection.
``(B) Timelines and procedures of application.--The
timelines and procedures described in subsection (c) shall
apply to applications for permits under this subsection in the
same manner such timelines apply to applications under
subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures to coordinate issuance of permits under this
subsection, including application procedures and timelines,
delegation and revocation of permits to and between eligible
entities, monitoring, periodic review, and geographic, seasonal
take, and species-specific considerations.
``(D) Duration of permit.--A permit under this subsection
shall be effective for a period of not more than 5 years, and
may be renewed by the Secretary.
``(3) Limitations on annual takings.--The Secretary shall apply
the process for determining limitations on annual take of sea lions
under subsection (c) to determinations on limitations under this
subsection, and the cumulative number of sea lions authorized to be
taken each year under all permits in effect under this subsection
shall not exceed 10 percent of the annual potential biological
removal level for sea lions.
``(4) Qualified individuals.--Intentional lethal takings under
this subsection shall--
``(A) be humane within the meaning of such term under
section 3(4);
``(B) require that capture, husbandry, transportation, and
euthanasia protocols are based on standards propagated by an
Institutional Animal Care and Use Committee and that primary
euthanasia be limited to humane chemical methods; and
``(C) be implemented by agencies or qualified individuals
described in subsection (c)(4), or by individuals employed by
the eligible entities described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years after
the date of the enactment of the Endangered Salmon Predation
Prevention Act, the Secretary, after consulting with State and
tribal fishery managers, determines that lethal removal authority
is no longer necessary to protect salmonid and other fish species
from sea lion predation, the Secretary shall suspend the issuance
of permits under this subsection.
``(6) Eligible entity defined.--
``(A) Definition.--In this subsection, the term `eligible
entity' means--
``(i) with respect to removal in the mainstem of the
Columbia River, from river mile 112 to the McNary Dam and
its tributaries in the State of Washington, and its
tributaries in the State of Oregon above Bonneville Dam,
the State of Washington, the State of Oregon, and the State
of Idaho;
``(ii) with respect to removal in the mainstem Columbia
River from river mile 112 to the McNary Dam and its
tributaries within the State of Washington and in any of
its tributaries above Bonneville Dam within the State of
Oregon, the Nez Perce Tribe, the Confederated Tribes of the
Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, and the Confederated
Tribes and Bands of the Yakama Nation; and
``(iii) with respect to removal in the Willamette River
and other tributaries of the Columbia River within the
State of Oregon below Bonneville Dam, a committee
recognized by the Secretary under subparagraph (D).
``(B) Delegation authority.--The Secretary may allow
eligible entities described in clause (i) or (ii) of
subparagraph (A) to delegate their authority under a permit
under this subsection to the Columbia River Intertribal Fish
Commission for removal in the mainstem of the Columbia River
above river mile 112 and below McNary Dam, in the Columbia
River tributaries in the State of Washington, or in tributaries
within the State of Oregon above Bonneville Dam and below
McNary Dam.
``(C) Additional delegation authority.--The Secretary may
allow an eligible entity described in subparagraph (A)(i) to
delegate its authority under a permit under this subsection to
any entity described in subclause (i) or (ii) of subparagraph
(A) with respect to removal in the mainstem of the Columbia
River above river mile 112 and below McNary Dam, in the
Columbia River tributaries in the State of Washington, or in
tributaries in the State of Oregon above Bonneville Dam and
below McNary Dam.
``(D) Committee requirements.--
``(i) In general.--The Secretary shall recognize a
committee established in accordance with this subparagraph
as being eligible for a permit under this subsection, for
purposes of subparagraph (A)(iii).
``(ii) Membership.--A committee established under this
subparagraph shall consist of the State of Oregon and each
of the following:
``(I) The Confederated Tribes of Siletz Indians or
the Confederated Tribes of the Grand Ronde Community,
or both.
``(II) The Confederated Tribes of the Warm Springs
or the Confederated Tribes of the Umatilla Reservation,
or both.
``(iii) Majority agreement required.--A committee
established under this subparagraph may take action with
respect to a permit application and removal under this
subsection only with majority agreement by the committee
members.
``(iv) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a
committee established under this subparagraph.
``(7) Individual exception.--For purposes of this subsection,
any sea lion located upstream of river mile 112 and downstream of
McNary Dam, or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or steelhead is
deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes of
this subsection, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112 and downstream of McNary
Dam, or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or steelhead is
deemed to be having a significant negative impact, within the
meaning of subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian tribe'
has the meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be
construed to enlarge, confirm, adjudicate, affect, or modify any treaty
or other right of an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
SEC. 5. REPORT.
Not later than 3 years after the date of the enactment of this Act,
the Secretary of Commerce shall study and report to Congress on the
effects of deterrence and the lethal taking of sea lions on the
recovery of endangered and threatened salmon and steelhead stocks in
the waters of the Columbia River and the tributaries of the Columbia
River subject to section 120(f) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1389(f)), as amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Endangered Salmon Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River and certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. The Department of Commerce must study the effectiveness of the permits on the recovery of endangered and threatened salmon and steelhead stocks. | {"src": "billsum_train", "title": "Endangered Salmon Predation Prevention Act"} | 2,172 | 333 | 0.628908 | 1.8154 | 0.627112 | 3.111538 | 6.973077 | 0.826923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting America's Manufacturers
Act''.
SEC. 2. LIMITATION ON PRESIDENTIAL DISCRETION.
Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended--
(1) in subsection (a)--
(A) by inserting ``any'' before ``increased
duties''; and
(B) by striking ``, to the extent and for such
period'' and all that follows to the end period and
inserting ``recommended by the International Trade
Commission'';
(2) in subsection (e), in the second sentence, by striking
``agreed upon by either group'' and all that follows to the end
period and inserting ``shall be considered an affirmative
determination under subsection (b)'';
(3) in subsection (f)--
(A) in the heading, by striking ``on Proposed
Remedies'' and inserting ``for Relief'';
(B) in the first sentence--
(i) by striking ``the President or Trade
Representative may consider as'' and inserting
``is to be considered''; and
(ii) by striking ``the Commission shall
propose'' and inserting ``the Commission shall
recommend''; and
(C) in the second sentence, by striking ``proposed
action'' and inserting ``recommended action'';
(4) in subsection (g)(2)(B)--
(A) by striking ``or may be considered by the
President or the Trade Representative as'' and
inserting ``or if the determination is considered to
be''; and
(B) by striking ``on proposed remedies'' and
inserting ``for relief'';
(5) in subsection (h)--
(A) in the heading, by striking ``Proposed Measure
and Recommendation to the President'' and inserting
``Recommended Relief and Report by Trade
Representative'';
(B) in paragraph (1)--
(i) by striking ``measure proposed by the
Trade Representative to be taken pursuant to
subsection (a)'' and inserting ``relief
recommended by the Commission under subsection
(f)''; and
(ii) by striking ``proposed measure'' and
inserting ``recommended relief'';
(C) in paragraph (2), by striking ``on the measure
proposed by the Trade Representative'' and all that
follows to the end period and inserting ``, shall
transmit a report to the President recommending what
action to take under subsection (k)''; and
(D) by adding at the end the following new
paragraph:
``(3) The Trade Representative, after submitting a report to the
President under paragraph (2), shall promptly make the report available
to the public, excluding any proprietary or confidential information.
The Trade Representative shall publish a summary of the report in the
Federal Register.'';
(6) in subsection (i)--
(A) in the flush sentence at the end of paragraph
(1), by striking ``agreed upon by either group'' and
all that follows to the end period and inserting
``shall be considered an affirmative determination of
the Commission''; and
(B) by striking paragraphs (2), (3), and (4), and
inserting the following:
``(2) On the date on which the Commission completes its
determinations under paragraph (1), the Commission shall transmit a
report on the determinations to the President and the Trade
Representative, including the reasons for its determinations. If the
determinations under paragraph (1) are affirmative or if the
determinations are considered to be affirmative under paragraph (1),
the Commission shall include in its report its recommendations on
provisional relief to be taken to prevent or remedy the market
disruption. Only those members of the Commission who agreed to the
affirmative determinations under paragraph (1) are eligible to vote on
the recommended provisional relief to prevent or remedy market
disruption. Members of the Commission who did not agree to the
affirmative determinations may submit, in the report, dissenting or
separate views regarding the determination and any recommendation of
provisional relief referred to in this paragraph.
``(3) The provisional relief referred to in paragraph (2) may
include--
``(A) the imposition of or increase in any duty;
``(B) any modification, or imposition of any quantitative
restriction on the importation of any article into the United
States; or
``(C) any combination of actions under subparagraph (A) or
(B).
``(4) If the determinations under paragraph (1) are affirmative or
if the determinations are considered to be affirmative under paragraph
(1), the Trade Representative shall, within 10 days after receipt of
the Commission's report, transmit a report to the President
recommending what action to take with respect to provisional relief
under subsection (k).
``(5)(A) The President shall proclaim any provisional relief
recommended by the Commission not later than 10 days after the date the
President receives the report described in paragraph (4) from the Trade
Representative.
``(B) Any provisional relief proclaimed by the President pursuant
to a determination of critical circumstances shall remain in effect for
a period not to exceed 200 days.
``(C) Provisional relief shall cease to apply upon the effective
date of relief proclaimed under subsection (a), upon a decision by the
President not to provide such relief under subsection (k), or upon a
negative determination by the Commission under subsection (b).'';
(7) in subsection (j)--
(A) in paragraph (1), by striking ``which the Trade
Representative considers to be'' and inserting ``that
is considered to be''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) If no agreement is reached with the People's Republic of
China pursuant to consultations under paragraph (1) in the time
required for Presidential action under subsection (k), or if the
President determines that an agreement reached pursuant to such
consultations is not preventing or remedying the market disruption at
issue in the time required for Presidential action under subsection
(k), the President shall provide import relief in accordance with
subsection (a).'';
(8) in subsection (k)--
(A) in the heading, by striking ``Standard for
Presidential Action'' and inserting ``Timing for
Presidential Action; Exceptions'';
(B) in paragraph (1), by striking ``a
recommendation from the Trade Representative'' and all
that follows to the end period and inserting ``a report
from the Trade Representative under subsection (h)(2),
the President shall, pursuant to subsection (a),
proclaim the relief recommended by the Commission'';
and
(C) by amending paragraph (2) to read as follows:
``(2) The President may decline to proclaim relief pursuant to
subsection (a), may proclaim relief pursuant to subsection (a) that
differs from the relief recommended by the Commission, may decline to
proclaim provisional relief pursuant to subsection (i), or may proclaim
provisional relief pursuant to subsection (i) that differs from the
relief recommended by the Commission--
``(A) only in extraordinary cases; and
``(B) only if the President determines that providing
relief or provisional relief pursuant to subsection (a) or (i)
or providing the relief recommended by the Commission pursuant
to subsection (a) or (i)--
``(i) would have an adverse impact on the United
States economy that clearly and significantly outweighs
the benefits of such action; or
``(ii) would cause serious harm to the national
security of the United States.'';
(9) in subsection (l), by amending paragraph (1) to read as
follows:
``(1) The President's decision under subsection (k) shall be
submitted to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives and shall be
published in the Federal Register within 15 days of the decision. In
the submission to the committees and in publication in the Federal
Register, the President shall include the reasons for the decision and
the scope and duration of any action taken. If the President takes
action that differs from the action recommended by the Commission under
subsection (f) or declines to take action pursuant to subsection
(k)(2), the President shall state in detail the reasons for such action
or inaction.'';
(10) by redesignating subsections (m) through (o) as
subsections (n) through (p), respectively;
(11) by inserting after subsection (l) the following new
subsection:
``(m) Implementation of Action Recommended by Commission.--(1) If
the President takes action that differs from the action recommended by
the Commission under subsection (f) or declines to take action pursuant
to subsection (k)(2)(B)(i), the action recommended by the Commission
under subsection (f) shall take effect (as provided in subsection
(n)(2)) upon the enactment of a joint resolution described in paragraph
(2) within the 90-day period beginning on the date on which the
President's decision is transmitted to the Congress pursuant to
subsection (l).
``(2) For purposes of this section, the term `joint resolution'
means a joint resolution of the 2 Houses of the Congress, the sole
matter after the resolving clause of which is as follows: `That the
Congress does not approve the action taken by, or the determination of,
the President under section 421 of the Trade Act of 1974, notice of
which was transmitted to the Congress on ______.', with the blank space
being filled with the appropriate case number and date.
``(3) The provisions of section 152 (b), (c), (d), (e), and (f) of
the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f))
shall apply to joint resolutions under this section.'';
(12) in subsection (n), as redesignated, by striking
``Import relief under this section'' and all that follows to
the end period and inserting the following:
``(1) Except as provided in paragraph (2), import relief under this
section shall take effect not later than 15 days after the President's
determination to provide such relief.
``(2) If the action recommended by the Commission takes effect
pursuant to subsection (m), the President shall, within 15 days after
the date of the enactment of the joint resolution referred to in
subsection (m), proclaim the action recommended by the Commission under
subsection (f). Such action shall take effect not later than 15 days
after the date of the President's proclamation.'';
(13) in subsection (o), as redesignated--
(A) in paragraph (1), by striking ``6-month'' and
inserting ``1-year''; and
(B) in paragraph (3), by inserting ``or (m)'' after
``subsection (k)''; and
(14) in subsection (p), as redesignated--
(A) in paragraph (1), by inserting ``or (m)'' after
``subsection (k);''; and
(B) in paragraph (3), by striking ``subsection
(m)'' and inserting ``subsection (n)''. | Supporting America's Manufacturers Act - Amends the Trade Act of 1974 to require a recommendation from the International Trade Commission (ITC) before the President can impose increased duties or other import restrictions on an imported Chinese product that causes or threatens market disruption to a like U.S. product.
Revises the authority of the President and the U.S. Trade Representative (USTR) to consider an equally divided ITC vote regarding a determination on the question of whether an imported Chinese product causes or threatens market disruption in the United States. Repeals the authority of the President and the TR to consider the determination of either group of equally divided Commissioners to be the ITC's determination. Requires such a deadlocked vote to be considered an affirmative ITC determination.
Provides that if the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission.
Requires the USTR to make available promptly to the public reports recommending the President to take action, if any, to remedy market disruption. Revises requirements involving ITC determinations of critical circumstances and requests for provisional relief with respect to a Chinese product that causes or threatens market disruption to a like U.S. Product
Requires the President to provide import relief from Chinese products that cause or threaten market disruption to a like U.S. product within a specified time if an agreement is not reached with the People's Republic of China (PRC) or if the President determines that an agreement reached with the PRC is not remedying the market disruption.
Authorizes the President to provide import relief (including provisional relief in critical circumstances) that differs from that recommended by the ITC, or to deny such import relief only: (1) in extraordinary cases; and (2) if the President determines that providing such relief would have an adverse impact on the U.S. economy (as under current law) or would cause serious harm to U.S. national security. Requires the President's decision on import relief to be reported to specified congressional committees.
Requires import relief recommended by the ITC to take effect upon enactment of a congressional joint resolution in the event that the President: (1) takes action that differs from that recommended by the ITC; or (2) declines to provide import relief (including that recommended by the ITC) because it would have an adverse impact on the U.S. economy | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 to provide for a limitation on presidential discretion with respect to actions to address market disruption."} | 2,479 | 551 | 0.515506 | 1.644221 | 0.682401 | 2.131291 | 5.400438 | 0.800875 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The premature exhaustion of telephone area codes causes
economic dislocation for businesses and unnecessary
inconvenience for households.
(2) The Telecommunications Act of 1996 (Public Law 104-104)
was enacted with the objective of facilitating the development
of competitive markets in telecommunications services. The
efficient allocation of telephone numbers would further the
achievement of that objective.
(3) The technology and procedures for the efficient
allocation of telephone numbers are currently in place in many
areas and are in the process of being implemented nationwide.
(4) The combination of rapid growth in competition for
telecommunication services and the inefficient allocation of
numbering resources devoted to such services will result in the
creation of scores of new telephone area codes, almost all of
which will become wholly unnecessary once procedures for the
efficient allocation of telephone numbers are in place.
(5) The potential exhaustion of available area codes within
the North American Numbering Plan (``NANP'') would require that
1 or more digits be added to all telephone numbers in the
United States, creating massive disruptions and costs for all
consumers, businesses, institutions, and governments comparable
to the ``Year 2000'' computer problem, except that, unlike the
``Year 2000'' problem, the potential for area code exhaustion
is entirely avoidable if efficient and effective number
conservation measures are adopted and implemented without undue
delay.
(6) State regulatory authorities have the interest and
capability to tailor mechanisms to conserve telephone numbers
to the needs of the telecommunications markets.
(7) Mechanisms for the conservation of telephone numbers
can be implemented without impeding competition for
telecommunications services.
SEC. 2. EFFICIENT ALLOCATION OF TELEPHONE NUMBERS.
(a) Plan.--Not later than December 31, 2000, the Federal
Communications Commission shall develop and implement a plan for the
efficient allocation of telephone numbers.
(b) Elements.--The plan under subsection (a) shall--
(1) include mechanisms to ensure full portability of
telephone numbers among services and service providers within
individual rating areas, and establish rules applicable to
service providers not subject to or otherwise not in compliance
with such number portability requirements, including the
segregation of services furnished by such service providers
into separate area codes or service access codes, for the
purpose of maximizing the effectiveness of number conservation
measures requiring number portability within the area codes in
which such measures are to be implemented;
(2) provide for full sharing of unassigned telephone
numbers among telecommunications carriers;
(3) take into account any telecommunications technology
widely available as of December 31, 2000, that requires a
telephone number; and
(4) consider and take steps to minimize the total societal
costs and impacts of the plan for the efficient allocation of
telephone numbers and any specific number relief or
conservation measures that may arise therefrom.
(c) Delegation of Numbering Jurisdiction.--Until the Commission has
fully implemented the plan required by subsection (a), the Commission
shall, upon the request of a State commission, delegate to the State
commission the jurisdiction of the Commission over telecommunications
numbering with respect to the State under section 251(e)(1) of the
Communications Act of 1934 (47 U.S.C. 251(e)(1)) to the extent that
such delegation will permit the State commission to implement measures
to conserve telephone numbers, including measures as follows:
(1) To establish minimum use and so-called ``fill'' rate
requirements for central office codes.
(2) To conduct audits of the use of telephone numbers and
central office codes.
(3) To require telecommunications carriers to return unused
or underused central office codes and to return central office
codes that have been obtained in a manner contrary to Federal
or State numbering guidelines or protocols.
(4) To establish individual number pooling, mandatory 1000-
block pooling, and interim unassigned number porting.
(5) To ration central office codes.
(6) To develop and establish dialing protocols applicable
for calls placed within the same area code or local calling
area (or both) of the calling party that will consider, in
addition to the potential effect upon competition, matters of
public convenience and safety and the public interest
generally.
(7) To develop and implement, where the State commission
finds it to be in the public interest and supportive of number
conservation measures that it may adopt, area code relief
measures involving the use of overlay area codes applicable to
telecommunications service providers not subject to or
otherwise not in compliance with local number portability,
including a requirement that existing telephone numbers
assigned to or in use (or both) by such service providers be
transferred to the overlay area code, and including a
requirement that calls placed within a calling party's home
area code continue to be dialable on a 7-digit basis. | Directs the Federal Communications Commission (FCC), by December 31, 2000, to develop and implement a plan for the efficient allocation of telephone numbers.
Directs the FCC, until it has fully implemented such plan and at the request of a State commission, to delegate to such commission its jurisdiction over telephone numbering with respect to States to the extent that such delegation will permit the State commission to implement measures to conserve telephone numbers. | {"src": "billsum_train", "title": "To ensure the efficient allocation of telephone numbers."} | 1,013 | 89 | 0.565536 | 1.401575 | 0.871053 | 3.951807 | 11.939759 | 0.915663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Cyber
Scholarship Program Act of 2017''.
SEC. 2. REINVIGORATING AND MODIFYING THE INFORMATION ASSURANCE
SCHOLARSHIP PROGRAM.
(a) Findings and Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) Cyber threats to United States interests posed
by state and non-state actors are growing as the United
States becomes increasingly reliant on the Internet and
cyberspace for critical services.
(B) A well-trained workforce is essential to
meeting the increasing cybersecurity needs of the
United States.
(C) The Department of Defense Cyber Strategy,
issued in April 2015, cites building the cyber
workforce among its objectives for achieving the
essential strategic goal of building and maintaining
ready forces and capabilities to conduct cyberspace
operations.
(D) Specifically, the strategy stresses the
importance of improving civilian recruitment and
retention for fulfilling the cyber missions of the
Department of Defense.
(E) Many community colleges offer degrees or
industry-recognized credentials in cybersecurity and
related fields that prepare students to fill high
demand cybersecurity jobs.
(F) The Information Assurance Scholarship Program
of the Department of Defense and the National Security
Agency promotes recruitment, education, and retention
of cybersecurity professionals.
(G) Since 2001, the Information Assurance
Scholarship Program has supported individuals pursuing
cybersecurity education and training in exchange for
government service.
(H) Since 2013, budgetary considerations have
resulted in reductions to funding for Information
Assurance Scholarship Program.
(I) The efforts of the Department of Defense to
build a cybersecurity workforce capable of defending
against and responding to cyber threats should include
reinvigorating the Information Assurance Scholarship
Program and supporting cybersecurity degree programs at
United States educational institutions.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Defense should--
(A) consider the Information Assurance Scholarship
Program to be a critical cybersecurity effort of the
Chief Information Officer of the Department of Defense;
(B) continue to support programs at 2-year
institutions of higher education that help students
develop skills necessary to support the cybersecurity
missions of the United States; and
(C) restore funding to the program to recruit and
retain new scholarship recipients and build capacity at
institutions of higher education.
(b) Modification of Information Assurance Scholarship Program.--
(1) Designation of program.--Section 2200a of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(h) Designation of Program.--A program under which the Secretary
provides financial assistance under subsection (a) of this section and
grants under section 2200b of this title shall be known as the
`Department of Defense Cyber Scholarship Program'.''.
(2) Allocation of funding.--Subsection (f) of such section
is amended--
(A) by inserting ``(1)'' before ``Not less''; and
(B) by adding at the end the following new
paragraph:
``(2) Not less than five percent of the amount available for
financial assistance under this section for a fiscal year shall be
available for providing financial assistance for the pursuit of an
associate degree.''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Defense to provide financial
assistance under section 2200a of such title, as amended by subsection
(b), and grants under section 2200b of such title, $10,000,000 for
fiscal year 2018.
(d) Reinvigoration Plan Required.--Not later than September 30,
2018, the Secretary of Defense shall submit to the congressional
defense committees (as defined in section 101(a) of such title) a plan
for reinvigorating the Department of Defense Cyber Scholarship Program,
as designated by section 2200a(h) of such title, as added by subsection
(b)(1) of this section. | Department of Defense Cyber Scholarship Program Act of 2017 This bill designates the existing Department of Defense (DOD) information assurance scholarship and grant program as the Department of Defense Cyber Scholarship Program to provide financial assistance (with consideration given to whether the recipient is, or the pursuit of the degree is at, a Center of Academic Excellence in Information Assurance Education designated by the National Security Agency) to: (1) persons pursuing information assurance degrees or certifications at institutions of higher education in exchange for an agreement to serve on active duty in the armed forces or as a DOD employee for a designated period; and (2) institutions of higher education to support development of faculty, curriculum, laboratories, and research for information assurance disciplines. Not less than 5% of the amounts available for scholarship financial assistance must be available for the pursuit of associate degrees. DOD must submit a plan for reinvigorating the program. | {"src": "billsum_train", "title": "Department of Defense Cyber Scholarship Program Act of 2017"} | 845 | 184 | 0.623721 | 1.831084 | 0.919383 | 1.878613 | 4.618497 | 0.791908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Menhaden Conservation
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Atlantic menhaden are a key piece of the Atlantic
ecosystem, from Florida to Maine.
(2) Serving as a vital link in the food chain, Atlantic
menhaden are a primary source of food for striped bass,
bluefish, weakfish, Spanish mackerel, seals, and whales, and
are favored by seabirds like loons and ospreys.
(3) Atlantic menhaden help maintain water quality by
feeding on plankton and decaying plants. In aggregate in the
Chesapeake Bay, these valuable living resources have the
ability to filter a volume of water equal to the entire bay in
less than one day.
(4) The Chesapeake Bay, the biggest estuary in North
America, is a prime Atlantic menhaden nursery ground for the
whole east coast, yet populations there are at historic lows.
Juvenile fish are especially low, which is a key indicator of a
dwindling population.
(5) The Chesapeake Bay is also a major spawning ground for
striped bass, which are popular with anglers. Many striped bass
in the bay are suffering from malnutrition and disease, and the
declining Atlantic menhaden population may be a big factor.
(6) Industrial harvests of Atlantic menhaden for reduction
purposes are the primary source of fishing mortality.
(7) In 2006, Addendum III to the Interstate Fishery
Management Plan for Atlantic menhaden established a
precautionary cap on harvesting of Atlantic menhaden. However,
there is no scientific basis to establish whether the level of
harvest allowed by such plan is sustainable.
(8) More research and studies are needed to determine the
health of Atlantic menhaden populations, but the danger signs
clearly point to the need for protection measures now for what
is often called the most important fish in the sea.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Atlantic menhaden'' means members of stocks
or populations of the species Brevoortia tyrannus.
(2) The term ``coastal State'' means--
(A) Pennsylvania and each State of the United
States bordering on the Atlantic Ocean north of the
State of South Carolina;
(B) the District of Columbia; and
(C) the Potomac River Fisheries Commission
established by the Potomac River Compact of 1958.
(3) The term ``coastal waters'' means--
(A) for each coastal State referred to in paragraph
(2)(A)--
(i) all waters, whether salt or fresh, of
the coastal State shoreward of the baseline
from which the territorial sea of the United
States is measured; and
(ii) the waters of the coastal State
seaward from the baseline referred to in clause
(i) to the inner boundary of the exclusive
economic zone;
(B) for the District of Columbia, those waters
within its jurisdiction; and
(C) for the Potomac River Fisheries Commission,
those waters of the Potomac River within the boundaries
established by the Potomac River Compact of 1958.
(4) The term ``Commission'' means the Atlantic States
Marine Fisheries Commission established under the interstate
compact consented to and approved by the Congress in Public
Laws 77-539 and 81-721.
(5) The term ``exclusive economic zone'' has the meaning
given such term in section 3(6) of the Magnuson Act (16 U.S.C.
1802(6)).
(6) The term ``fishing'' means--
(A) the commercial catching, taking, or harvesting
of Atlantic menhaden for reduction purposes, except
when incidental to harvesting that occurs in the course
of commercial or recreational fish-catching activities
directed at a species other than Atlantic menhaden;
(B) the attempted commercial catching, taking, or
harvesting of Atlantic menhaden for reduction purposes;
and
(C) any operation at sea in support of, or in
preparation for, any activity described in subparagraph
(A) or (B).
The term does not include any scientific research authorized by
the Federal Government or by any State government.
(7) The term ``fishing for Atlantic menhaden for reduction
purposes'' means fishing that harvests Atlantic menhaden that
are reduced to meal and oil.
(8) The term ``Magnuson Act'' means the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(9) The term ``moratorium area'' means the coastal waters
with respect to which a moratorium is in effect under section
5.
(10) The term ``moratorium period'' means, with respect to
the coastal waters of a coastal State, the period beginning on
the date of the enactment of this Act and ending on the day on
which the Commission notifies the Secretaries that such State
has taken appropriate remedial action with respect to those
matters that were the case of the moratorium being declared.
(11) The term ``Plan'' means a plan for managing Atlantic
menhaden, or an amendment to such plan, that--
(A) is prepared and adopted by the Commission;
(B) establishes a scientifically determined limit
on total allowable landings of Atlantic menhaden; and
(C) takes account of the role of Atlantic menhaden
in the ecosystem.
(12) The term ``Secretaries'' means the Secretary of
Commerce and the Secretary of the Interior or their designees.
(13) The term ``Secretary'' means the Secretary of Commerce
or a designee of the Secretary of Commerce.
SEC. 4. MONITORING OF IMPLEMENTATION AND ENFORCEMENT BY COASTAL STATES.
(a) Determination.--During December of each fiscal year, and at any
other time it determines it to be necessary, the Commission shall
determine--
(1) whether each coastal State has adopted all regulatory
measures necessary to fully implement the Plan in its coastal
waters; and
(2) whether the enforcement of the Plan by each coastal
State is satisfactory.
(b) Satisfactory State Enforcement.--For purposes of subsection
(a)(2), enforcement by a coastal State shall not be considered
satisfactory by the Commission if, in its view, the enforcement is
being carried out in such a manner that the implementation of the Plan
within the coastal waters of the State is being, or will likely be,
substantially and adversely affected.
(c) Notification of Secretaries.--The Commission shall immediately
notify the Secretaries of each affirmative determination made by it
under subsection (a).
SEC. 5. MORATORIUM.
(a) Establishment of Moratorium.--There is hereby established for
the coastal waters of each coastal State a moratorium on commercial
fishing for Atlantic menhaden for reduction purposes.
(b) Termination of Moratorium.--Upon receiving notice from the
Commission under section 4(c) of an affirmative determination regarding
a coastal State, the Secretaries--
(1) within 30 days after receiving the notification and
after carefully considering and reviewing the comments of the
Commission and of that coastal State, shall determine jointly
whether that coastal State is in compliance with the Plan; and
(2) shall terminate the moratorium under subsection (a)
with respect to coastal waters of that coastal State, if--
(A) a scientifically determined total allowable
catch limit has been established under the Plan for
commercial fishing for Atlantic menhaden for reduction
purposes; and
(B) the Secretaries determine that the State is in
compliance with the Plan.
(c) Prohibited Acts During Moratorium.--During a moratorium period,
it is unlawful for any person--
(1) to engage in fishing within the moratorium area;
(2) to land, or attempt to land, Atlantic menhaden that are
caught, taken, or harvested in violation of paragraph (1);
(3) to land lawfully harvested Atlantic menhaden within the
boundaries of a coastal State when a moratorium is in effect
under subsection (a) for coastal waters of that State; or
(4) to fail to return to the water Atlantic menhaden with
respect to which the moratorium applies that are caught
incidental to harvesting that occurs in the course of
commercial or recreational fish-catching activities, regardless
of the physical condition of the menhaden when caught.
(d) Civil Penalties.--
(1) Civil penalty.--Any person who commits any act that is
unlawful under subsection (bc) shall be liable to the United
States for a civil penalty as provided by section 308 of the
Magnuson Act (16 U.S.C. 1858).
(2) Civil forfeitures.--
(A) In general.--Any vessel (including its gear,
equipment, appurtenances, stores, and cargo) used, and
any fish (or the fair market value thereof) taken or
retained, in any manner, in connection with, or as the
result of, the commission of any act that is unlawful
under subsection (c) shall be subject to forfeiture to
the United States as provided in section 310 of the
Magnuson Act (16 U.S.C. 1860).
(B) Disposal of fish.--Any fish seized pursuant to
this Act may be disposed of pursuant to the order of a
court of competent jurisdiction, or, if perishable, in
a manner prescribed in regulations.
(e) Regulations.--The Secretaries may issue regulations to
implement this section.
SEC. 6. CONTINUING STUDIES OF MENHADEN POPULATIONS.
(a) In General.--For the purposes of carrying out this Act, the
Secretaries shall conduct continuing, comprehensive studies of Atlantic
menhaden stocks. These studies shall include, but shall not be limited
to, the following:
(1) Annual stock assessments, using fishery-dependent and
fishery-independent data, for the purposes of extending the
long-term population record.
(2) Investigations of the causes of fluctuations in
Atlantic menhaden populations.
(3) Investigations of the role of Atlantic menhaden on
water quality and other environmental factors, and the
contribution of Atlantic menhaden to the recruitment, spawning
potential, mortality, and abundance of Atlantic striped bass
populations, including the Delaware River population.
(4) Investigations of--
(A) the interactions between Atlantic menhaden and
other fish, including bluefish, Atlantic striped bass,
mackerel, and other forage fish or possible
competitors, and stock assessments of these species, to
the extent appropriate; and
(B) the effects of interspecies predation and
competition on the recruitment, spawning potential,
mortality, and abundance of Atlantic menhaden.
(b) Socio-Economic Study.--The Secretaries, in consultation with
the Atlantic States Marine Fisheries Commission, shall conduct a study
of the socioeconomic benefits of the Atlantic menhaden resource. The
Secretaries shall issue a report to the Congress concerning the
findings of this study no later than September 30, 2008.
(c) Reports.--The Secretaries shall make biennial reports to the
Congress and to the Commission concerning the progress and findings of
studies conducted under subsection (a) and shall make those reports
public. Such reports shall, to the extent appropriate, contain
recommendations of actions which could be taken to encourage the
sustainable management of Atlantic menhaden.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS; COOPERATIVE AGREEMENTS.
(a) Authorization.--For each of fiscal years 2008, 2009, and 2010,
there are authorized to be appropriated to carry out this Act--
(1) $800,000 to the Secretary of Commerce; and
(2) $250,000 to the Secretary of the Interior.
(b) Cooperative Agreements.--The Secretaries may enter into
cooperative agreements with the Atlantic States Marine Fisheries
Commission or with States, for the purpose of using amounts
appropriated pursuant to this section to provide financial assistance
for carrying out the purposes of this Act.
SEC. 8. PUBLIC PARTICIPATION IN PREPARATION OF MANAGEMENT PLANS AND
AMENDMENTS.
(a) Standards and Procedures.--In order to ensure the opportunity
for public participation in the preparation of management plans and
amendments to management plans for Atlantic menhaden, the Commission
shall prepare such plans and amendments in accordance with the
standards and procedures established under section 805(a)(2) of the
Atlantic Coastal Fisheries Cooperative Management Act.
(b) Application.--Subsection (a) shall apply to all management
plans for Atlantic menhaden, and amendments to such plans, adopted by
the Commission.
SEC. 9. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC MENHADEN IN
EXCLUSIVE ECONOMIC ZONE.
(a) Prohibition.--It is unlawful to engage in, or to attempt to
engage in, the commercial harvesting of Atlantic menhaden for reduction
purposes in the exclusive economic zone established by Proclamation
Number 5030, dated March 10, 1983.
(b) Penalty.--
(1) In general.--Any person who is found by the Secretary
after notice and an opportunity for a hearing in accordance
with section 554 of title 5, United States Code, to have
committed an act that is unlawful under subsection (a), is
liable to the United States for a civil penalty. The amount of
the civil penalty may not exceed $1,000 for each violation.
Each day of continuing violation constitutes a separate
offense. The amount of the civil penalty shall be assessed by
the Secretary of Commerce by written notice. In determining the
amount of the penalty, the Secretary shall take into account
the nature, circumstances, extent, and gravity of the
prohibited act committed and, with respect to the violator, the
degree of culpability, any history of prior violations, ability
to pay, and such other matters as justice may require.
(2) Review; failure to pay; compromise; subpoenas.--
Subsections (b) through (e) of section 308 of the Magnuson Act
(16 U.S.C. 1858(b)-(e); relating to review of civil penalties;
acting upon failure to pay assessment, compromise, and
subpoenas) shall apply to penalties assessed under paragraph
(1) to the same extent and in the same manner as if those
penalties were assessed under subsection (a) of such section
308.
(c) Civil Forfeitures.--
(1) In general.--Any vessel (including its gear, equipment,
appurtenances, stores, and cargo) used, and any fish (or the
fair market value thereof) taken or retained, in any manner, in
connection with, or the result of, the commission of any act
that is unlawful under subsection (a), is subject to forfeiture
to the United States. All or part of the vessel may, and all
such fish (or the fair market value thereof) shall, be
forfeited to the United States under a civil proceeding
described in paragraph (2). The district courts of the United
States have jurisdiction over proceedings under this
subsection.
(2) Judgment; procedure; rebuttable presumptions.--
Subsections (c) through (e) of section 310 of the Magnuson Act
(16 U.S.C. 1860(c)-(e); relating to judgment, procedure, and
rebuttable presumptions) shall apply with respect to
proceedings for forfeiture commenced under this subsection to
the same extent and in the same manner as if the proceeding
were commenced under subsection (a) of such section 310.
(d) Consequential Effects on Existing Law.--The Atlantic States
Marine Fisheries Commission shall promptly take action to amend the
Plan to take into account the prohibition established under this
section on the commercial harvesting of Atlantic menhaden for reduction
purposes.
SEC. 10. ENFORCEMENT.
A person authorized by the Secretary or the Secretary of the
department in which the Coast Guard is operating may take any action to
enforce a moratorium declared under section 5(a), or to enforce the
prohibition in section 9, that an officer authorized under section 311
of the Magnuson Act (16 U.S.C. 1861) may take to enforce that Act. The
Secretary may, by agreement, on a reimbursable basis or otherwise,
utilize the personnel, services, equipment (including aircraft and
vessels), and facilities of any other Federal department or agency and
of any agency of a State in carrying out that enforcement. | Atlantic Menhaden Conservation Act - Imposes a fishing moratorium regarding Atlantic menhaden that are reduced to meal and oil for the coastal waters of each coastal state north of South Carolina, including Pennsylvania, the District of Columbia, and the Potomac River Fisheries Commission.
Requires studies and reports.
Makes it unlawful to engage, or to attempt to engage, in the commercial harvesting, in the Exclusive Economic Zone (EEZ), of Atlantic menhaden that are reduced to meal and oil. | {"src": "billsum_train", "title": "To prohibit commercial fishing of Atlantic menhaden for reduction purposes in inland, State, and Federal waters along the Atlantic coast of the United States, and for other purposes."} | 3,619 | 109 | 0.48837 | 1.452055 | 0.237798 | 3.10989 | 35.604396 | 0.956044 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agricultural Business Security Tax
Credit Act of 2005''.
SEC. 2. AGRICULTURAL CHEMICALS SECURITY CREDIT.
(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. 45N. AGRICULTURAL CHEMICALS SECURITY CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible agricultural business, the agricultural chemicals security
credit determined under this section for the taxable year is 30 percent
of the qualified security expenditures for the taxable year.
``(b) Facility Limitation.--The amount of the credit determined
under subsection (a) with respect to any facility for any taxable year
shall not exceed--
``(1) $100,000, reduced by
``(2) the aggregate amount of credits determined under
subsection (a) with respect to such facility for the 5 prior
taxable years.
``(c) Annual Limitation.--The amount of the credit determined under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed $2,000,000.
``(d) Qualified Chemical Security Expenditure.--For purposes of
this section, the term `qualified chemical security expenditure' means,
with respect to any eligible agricultural business for any taxable
year, any amount paid or incurred by such business during such taxable
year for--
``(1) employee security training and background checks,
``(2) limitation and prevention of access to controls of
specified agricultural chemicals stored at the facility,
``(3) tagging, locking tank valves, and chemical additives
to prevent the theft of specified agricultural chemicals or to
render such chemicals unfit for illegal use,
``(4) protection of the perimeter of specified agricultural
chemicals,
``(5) installation of security lighting, cameras, recording
equipment, and intrusion detection sensors,
``(6) implementation of measures to increase computer or
computer network security,
``(7) conducting a security vulnerability assessment,
``(8) implementing a site security plan, and
``(9) such other measures for the protection of specified
agricultural chemicals as the Secretary may identify in
regulation.
Amounts described in the preceding sentence shall be taken into account
only to the extent that such amounts are paid or incurred for the
purpose of protecting specified agricultural chemicals.
``(e) Eligible Agricultural Business.--For purposes of this
section, the term `eligible agricultural business' means any person in
the trade or business of--
``(1) selling agricultural products, including specified
agricultural chemicals, at retail predominantly to farmers and
ranchers, or
``(2) manufacturing, formulating, distributing, or aerially
applying specified agricultural chemicals.
``(f) Specified Agricultural Chemical.--For purposes of this
section, the term `specified agricultural chemical' means--
``(1) any fertilizer commonly used in agricultural
operations which is listed under--
``(A) section 302(a)(2) of the Emergency Planning
and Community Right-to-Know Act of 1986,
``(B) section 101 of part 172 of title 49, Code of
Federal Regulations, or
``(C) part 126, 127, or 154 of title 33, Code of
Federal Regulations, and
``(2) any pesticide (as defined in section 2(u) of the
Federal Insecticide, Fungicide, and Rodenticide Act), including
all active and inert ingredients thereof, which is customarily
used on crops grown for food, feed, or fiber.
``(g) Controlled Groups.--Rules similar to the rules of paragraphs
(1) and (2) of section 41(f) shall apply for purposes of this section.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including regulations which--
``(1) provide for the proper treatment of amounts which are
paid or incurred for purpose of protecting any specified
agricultural chemical and for other purposes, and
``(2) provide for the treatment of related properties as
one facility for purposes of subsection (b).
``(i) Termination.--This section shall not apply to any amount paid
or incurred after December 31, 2010.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (25), by striking the period at the end of paragraph (26) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(27) in the case of an eligible agricultural business (as
defined in section 45J(e)), the agricultural chemicals security
credit determined under section 45N(a).''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(e) Credit for Security of Agricultural Chemicals.--No deduction
shall be allowed for that portion of the expenses (otherwise allowable
as a deduction) taken into account in determining the credit under
section 45N for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45N(a).''.
(d) 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. 45N. Agricultural chemicals security credit''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2005. | Agricultural Business Security Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a retailer of agricultural products and chemicals or a manufacturer, formulator, or distributor of certain pesticides a business tax credit for 30 percent of costs for or related to the protection of such chemicals or pesticides, including employee security training and background checks, installation of security equipment, and computer network safeguards. Sets a $2 million annual limit on such credit and a per facility limitation of $100,000 (reduced by credits received for the five prior taxable years). Terminates such credit after 2010. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals."} | 1,281 | 128 | 0.610595 | 1.614697 | 0.65553 | 1.945455 | 10.781818 | 0.836364 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``10 Percent Tax Cut
Act''.
(b) Section 15 Not To Apply.--No amendment made by section 2 shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986 .
SEC. 2. 10 PERCENT REDUCTION IN INDIVIDUAL INCOME TAX RATES.
(a) General Rule.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by striking subsections (a)
through (e) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $43,050...............
13.5% of taxable income.
Over $43,050 but not over
$104,050.
$5,811.75, plus 25.2% of the
excess over $43,050.
Over $104,050 but not over
$158,550.
$21,183.75, plus 27.9% of the
excess over $104,050.
Over $158,550 but not over
$283,150.
$36,389.25, plus 32.4% of the
excess over $158,550.
Over $283,150..................
$76,759.65, plus 35.64% of the
excess over $283,150.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $34,550...............
13.5% of taxable income.
Over $34,550 but not over
$89,150.
$4,664.25, plus 25.2% of the
excess over $34,550.
Over $89,150 but not over
$144,400.
$18,423.45, plus 27.9% of the
excess over $89,150.
Over $144,400 but not over
$283,150.
$33,838.20, plus 32.4% of the
excess over $144,400.
Over $283,150..................
$78,793.20, plus 35.64% of the
excess over $283,150.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $25,750...............
13.5% of taxable income.
Over $25,750 but not over
$62,450.
$3,476.25, plus 25.2% of the
excess over $25,750.
Over $62,450 but not over
$130,250.
$12,724.65, plus 27.9% of the
excess over $62,450.
Over $130,250 but not over
$283,150.
$31,640.85, plus 32.4% of the
excess over $130,250.
Over $283,150..................
$81,180.45, plus 35.64% of the
excess over $283,150.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $21,525...............
13.5% of taxable income.
Over $21,525 but not over
$52,025.
$2,905.87, plus 25.2% of the
excess over $21,525.
Over $52,025 but not over
$79,275.
$10,591.87, plus 27.9% of the
excess over $52,025.
Over $79,275 but not over
$141,575.
$18,194.62, plus 32.4% of the
excess over $79,275.
Over $141,575..................
$38,379.82, plus 35.64% of the
excess over $141,575
``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
``(1) every estate, and
``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $1,750................
13.5% of taxable income.
Over $1,750 but not over $4,050
$236.25, plus 25.2% of the
excess over $1,750.
Over $4,050 but not over $6,200
$815.85, plus 27.9% of the
excess over $4,050.
Over $6,200 but not over $8,450
$1,415.70, plus 32.4% of the
excess over $6,200.
Over $8,450....................
$2,144.70, plus 35.64% of the
excess over $8,450.''
(b) Inflation Adjustment Conforming Amendments.--
(1) Subsection (f) of section 1 of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``1993'' in paragraph (1) and
inserting ``1999'',
(B) by striking ``1992'' in paragraph (3)(B) and
inserting ``1998'', and
(C) by striking paragraph (7).
(2) The following provisions of such Code are each amended
by striking ``1992'' and inserting ``1998'' each place it
appears:
(A) Section 25A(h).
(B) Section 32(j)(1)(B).
(C) Section 41(e)(5)(C).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 135(b)(2)(B)(ii).
(H) Section 151(d)(4).
(I) Section 220(g)(2).
(J) Section 221(g)(1)(B).
(K) Section 512(d)(2)(B).
(L) Section 513(h)(2)(C)(ii).
(M) Section 685(c)(3)(B).
(N) Section 877(a)(2).
(O) Section 911(b)(2)(D)(ii)(II).
(P) Section 2032A(a)(3)(B).
(Q) Section 2503(b)(2)(B).
(R) Section 2631(c)(1)(B).
(S) Section 4001(e)(1)(B).
(T) Section 4261(e)(4)(A)(ii).
(U) Section 6039F(d).
(V) Section 6323(i)(4)(B).
(W) Section 6601(j)(3)(B).
(X) Section 7430(c)(1).
(3) Subclause (II) of section 42(h)(6)(G)(i) of such Code
is amended by striking ``1987'' and inserting ``1998''.
(c) Additional Conforming Amendments.--
(1) Section 1(g)(7)(B)(ii)(II) of the Internal Revenue Code
of 1986 is amended by striking ``15 percent'' and inserting
``13.5 percent''.
(2) Section 1(h) of such Code is amended--
(A) by striking ``28 percent'' both places it
appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and
inserting ``25.2 percent'', and
(B) by striking paragraph (13).
(3) Section 531 of such Code is amended by striking ``39.6
percent'' and inserting ``35.64 percent''.
(4) Section 541 of such Code is amended by striking ``39.6
percent'' and inserting ``35.64 percent''.
(5) Section 3402(p)(1)(B) of such Code is amended by
striking ``7, 15, 28, or 31 percent'' and inserting ``7, 13.5,
25.2 or 27.9 percent''.
(6) Section 3402(p)(2) of such Code is amended by striking
``15 percent'' and inserting ``13.5 percent''.
(7) Section 3402(q)(1) of such Code is amended by striking
``28 percent'' and inserting ``25.2 percent''.
(8) Section 3402(r)(3) of such Code is amended by striking
``31 percent'' and inserting ``27.9 percent''.
(9) Section 3406(a)(1) of such Code is amended by striking
``31 percent'' and inserting ``27.9 percent''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1999.
(2) Amendments to withholding provisions.--The amendments
made by paragraphs (5), (6), (7), (8), and (9) of subsection
(c) shall apply to amounts paid after December 31, 1999. | 10 Percent Tax Cut Act - Amends the Internal Revenue Code to reduce individual income tax rates by ten percent. | {"src": "billsum_train", "title": "10 Percent Tax Cut Act"} | 2,212 | 27 | 0.34737 | 0.770445 | 0.416921 | 2.52381 | 85.142857 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Galisteo Basin Archeological
Protection Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Galisteo Basin and surrounding area of New Mexico
is the location of many well preserved prehistoric and historic
archeological resources of Native American and Spanish colonial
cultures.
(2) These resources include the largest ruins of Pueblo
Indian settlements in the United States, spectacular examples
of Native American rock art, and ruins of Spanish colonial
settlements.
(3) These resources are being threatened by natural causes,
urban development, vandalism, and uncontrolled excavations.
(b) Purpose.--The purpose of this Act is to provide for the
preservation, protection, and interpretation of the nationally
significant archeological resources in the Galisteo Basin in New
Mexico.
SEC. 3. ESTABLISHMENT OF GALISTEO BASIN ARCHEOLOGICAL PROTECTION SITES.
(a) In General.--The following archeological sites located in the
Galisteon Basin in the State of New Mexico, totaling approximately
4,591 acres, are hereby designated as Galisteo Basin Archeological
Protection Sites:
Name- Acres
Arroyo Hondo Pueblo....................... 21
Burnt Corn Pueblo......................... 110
Chamisa Locita Pueblo..................... 16
Comanche Gap Petroglyphs.................. 764
Espinoso Ridge Site....................... 160
La Cienega Pueblo & Petroglyphs........... 126
La Cienega Pithouse Village............... 179
La Cieneguilla Petroglyphs/Camino Real 531
Site.
La Cieneguilla Pueblo..................... 11
Lamy Pueblo............................... 30
Lamy Junction Site........................ 80
Las Huertas............................... 44
Pa ako Pueblo............................. 29
Petroglyph Hill........................... 130
Pueblo Blanco............................. 878
Pueblo Colorado........................... 120
Pueblo Galisteo/Las Madres................ 133
Pueblo Largo.............................. 60
Pueblo She................................ 120
Rote Chert Quarry......................... 5
San Cristobal Pueblo...................... 520
San Lazaro Pueblo......................... 360
San Marcos Pueblo......................... 152
Upper Arroyo Hondo Pueblo................. 12
<RULE>______
Total Acreage....................... 4,591
(b) Availability of Maps.--The archeological protection sites
listed in subsection (b) are generally depicted on a series of 19 maps
entitled ``Galisteo Basin Archeological Protection Sites'' and dated
July, 2002. The Secretary of the Interior (in this Act referred to as
the ``Secretary'') shall keep the maps on file and available for public
inspection in appropriate offices in New Mexico of the Bureau of Land
Management and the National Park Service.
(c) Boundary Adjustments.--The Secretary may make minor boundary
adjustments to the archeological protection sites by publishing notice
thereof in the Federal Register.
SEC. 4. ADDITIONAL SITES.
(a) In General.--The Secretary shall--
(1) continue to search for additional Native American and
Spanish colonial sites in the Galisteo Basin area of New
Mexico; and
(2) submit to Congress, not later than 3 years after the
date that funds become available for this purpose and
thereafter as needed, recommendations for additions to,
deletions from, and modifications of the boundaries of the list
of archeological protection sites in section 3.
(b) Additions Only by Statute.--Except as provided by section 3(d),
additions to or deletions from the list in section 3 shall be made only
by an Act of Congress.
SEC. 5. ADMINISTRATION.
(a) In General.--
(1) Federal lands.--The Secretary shall administer
archeological protection sites located on Federal land in
accordance with the provisions of this Act, the Archeological
Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), the
Native American Graves Protection and Repatriation Act (25
U.S.C. 3001 et seq.), and other applicable laws in a manner
that will protect, preserve, and maintain the archeological
resources and provide for research thereon.
(2) Non-federal lands.--The Secretary shall have no
authority to administer archeological protection sites which
are on non-Federal lands except to the extent provided for in a
cooperative agreement entered into between the Secretary and
the landowner.
(3) Clarification related to private lands.--Nothing in
this Act shall be construed to extend the authorities of the
Archeological Resources Protection Act of 1979 or the Native
American Graves Protection and Repatriation Act to private
lands which are designated as an archeological protection site.
(b) Management Plan.--
(1) In general.--Not later than 3 complete fiscal years
after the date that funds are made available for this purpose,
the Secretary shall prepare and transmit to the Committee on
Energy and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives, a general management
plan for the identification, research, protection, and public
interpretation of--
(A) the archeological protection sites located on
Federal land; and
(B) sites on State or private lands for which the
Secretary has entered into cooperative agreements
pursuant to section 6.
(2) Consultation.--The general management plan shall be
developed by the Secretary in consultation with the Governor of
New Mexico, the New Mexico State Land Commissioner, affected
Native American pueblos, and other interested parties.
SEC. 6. COOPERATIVE AGREEMENTS.
The Secretary is authorized to enter into cooperative agreements
with owners of non-Federal lands with regard to an archeological
protection site, or portion thereof, located on their property. The
purpose of such an agreement shall be to enable to the Secretary to
assist with the protection, preservation, maintenance, and
administration of the archeological resources and associated lands.
Where appropriate, a cooperative agreement may also provide for public
interpretation of the site.
SEC. 7. ACQUISITIONS.
(a) In General.--The Secretary is authorized to acquire, from
willing sellers only, lands and interests therein within the boundaries
of the archeological protection sites, including access thereto, by
donation, by purchase with donated or appropriated funds, or by
exchange.
(b) State Lands.--The Secretary may acquire lands or interests
therein owned by the State of New Mexico or a political subdivision
thereof only by donation or exchange, except that State trust lands may
only be acquired by exchange.
SEC. 8. WITHDRAWAL.
Subject to valid existing rights, all Federal lands within the
archeological protection sites are hereby withdrawn--
(1) from all forms of entry, appropriation, or disposal
under the public land laws and all amendments thereto;
(2) from location, entry, and patent under the mining law
and all amendments thereto; and
(3) from disposition under all laws relating to mineral and
geothermal leasing, and all amendments thereto.
SEC. 9. SAVINGS PROVISIONS.
Nothing in this Act shall be construed--
(1) to authorize the regulation of privately owned lands
within an area designated as an archeological protection site;
(2) to modify, enlarge, or diminish any authority of
Federal, State, or local governments to regulate any use of
privately owned lands;
(3) to modify, enlarge, or diminish any authority of
Federal, State, tribal, or local governments to manage or
regulate any use of land as provided for by law or regulation;
or
(4) to restrict or limit a tribe from protecting cultural
or religious sites on tribal lands. | Galisteo Basin Archeological Protection Act - Galisteo Basin Archaeological Protection Act - Designates specified archaeological sites in New Mexico as the Galisteo Basin Archaeological Protection Sites. Requires the Secretary of the Interior to: (1) continue to search for additional Native American and Spanish colonial sites in the Galisteo Basin area; and (2) submit to the Congress recommendations for additions to, deletions from, and modifications of the boundaries of such sites.Requires the Secretary to submit to specified congressional committees a general management plan for the identification, research, protection, and public interpretation of the archaeological protection sites located on Federal lands, and those sites located on private and State lands for which the Secretary has entered into discretionary Cooperative Agreements with their owners for the protection, preservation, maintenance, and administration of their archaeological resources and associated lands.Authorizes the Secretary to acquire lands and interests within the boundaries of the archaeological protection sites, and access to them, by donation, purchase with donated or appropriated funds, or by exchange. Limits to donation or exchange the Secretary's acquisition authority for lands or interests owned by the State of New Mexico or a local government, except that State trust land may be acquired only by exchange.Withdraws all Federal lands within the sites, subject to valid existing rights, from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.States that this Act shall not: (1) authorize regulation of privately owned lands within an archaeological protection site; and (2) restrict or limit an Indian tribe from protecting cultural or religious sites on tribal land. | {"src": "billsum_train", "title": "To provide for the protection of archeological sites in the Galisteo Basin in New Mexico, and for other purposes."} | 1,761 | 382 | 0.524375 | 1.668975 | 0.681308 | 4.456456 | 4.432432 | 0.930931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resuming Education After Defense
Service Act of 2005''.
SEC. 2. EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL FOR MEMBERS OF
THE SELECTED RESERVE WHO AGGREGATE MORE THAN 2 YEARS OF
ACTIVE DUTY SERVICE DURING ANY 5-YEAR PERIOD.
(a) Entitlement.--Section 3012(a)(1) of title 38, United States
Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by adding ``or'' at the end; and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) while in the Selected Reserve--
``(i) is first ordered to serve on active
duty in the Armed Forces under section
12301(a), 12301(d), 12301(g), 12302, or 12304
of title 10, during the period beginning on
September 11, 2001, and ending December 31,
2006; and
``(ii) serves on active duty in the Armed
Forces for one or more periods (whether
continuous or otherwise) aggregating not less
than two years of service on active duty during
a five-year period beginning on the date the
individual is first ordered to serve on active
duty during the period referred to in clause
(i);''.
(b) Duration of Assistance.--Section 3013(b) of such title is
amended by striking ``is entitled to'' and all that follows and
inserting the following:
``is entitled to--
``(1) one month of educational assistance benefits under
this chapter--
``(A) in the case of an individual described in
section 3012(a)(1)(A) of this title, for each month of
continuous active duty served by such individual after
June 30, 1985, as part of the obligated period of
active duty on which such entitlement is based;
``(B) in the case of an individual described in
section 3012(a)(1)(B) of this title, for each month of
continuous active duty served by such individual after
June 30, 1985; or
``(C) in the case of an individual described in
section 3012(a)(1)(D) of this title, for each month of
active duty served by such individual after September
11, 2001, as part of the aggregate period of active
duty on which such entitlement is based; and
``(2) one month of educational assistance benefits under
this chapter for each four months served by such individual in
the Selected Reserve after the applicable date specified in
paragraph (1) (other than any month in which the individual
served on active duty).''.
(c) Amount of Assistance.--Section 3015 of such title is amended--
(1) in subsections (a)(1)(D) and (b)(1)(D), by striking
``subsection (h)'' and inserting ``subsection (i)'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following new
subsection (h):
``(h) In the case of an individual entitled to an educational
assistance allowance under section 3012(a)(1)(D) of this title, the
amount of the basic educational assistance allowance payable under this
chapter is the amount determined under subsection (b) of this
section.''.
(d) Contribution.--Subsection (c) of section 3012 of such title is
amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)'' and inserting `Except as provided in paragraphs
(2) and (3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) The basic pay of any individual described in subsection
(a)(1)(D) who does not make an election under subsection (d)(1) shall
be reduced by $100 for each of the first 12 months of active duty
service (whether continuous or otherwise) that such individual is
entitled to such pay.''.
(e) Election to Opt Out.--Subsection (d)(1) of section 3012 of such
title is amended by striking ``in subsection (a)(1)(A) of this
section'' and inserting ``in subsection (a)(1)(A) or (a)(1)(D)''.
(f) Outreach.--(1) The Secretaries concerned shall take actions to
inform members of the Selected Reserve who are or may become entitled
to basic educational assistance benefits under chapter 30 of title 38,
United States Code, as a result of section 3012(a)(1)(D) of such title
(as amended by subsection (a) of this section) of the minimum service
requirements for entitlement to such benefits under that chapter and of
the scope and nature of such benefits.
(2) In this subsection:
(A) The term ``Secretary concerned'' has the meaning given
such term in section 101(25) of title 38, United States Code.
(B) The term ``Selected Reserve'' has the meaning given
such term in section 3002(4) of title 38, United States Code. | Resuming Education After Defense Service Act of 2005 - Makes eligible for basic educational assistance under the Montgomery GI Bill a member of the Selected Reserve who (among other qualifications), during the period beginning on September 11, 2001, and ending on December 31, 2006, serves on active duty in the Armed Forces for one or more periods aggregating not less than two years. Entitles such individuals to one month of educational assistance for each month served on active duty. Makes the amount of such assistance equivalent to that provided for active-duty personnel who have served a minimum of two years of active duty. Requires the basic pay of qualifying members to be reduced by $100 for each of first 12 months of such active duty service.
Requires the Secretaries of the military departments concerned to inform eligible Selected Reserve personnel of such entitlement. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide entitlement to educational assistance under the Montgomery GI Bill for members of the Selected Reserve who aggregate more than 2 years of active duty service in any five year period, and for other purposes."} | 1,171 | 179 | 0.639719 | 1.658814 | 0.771823 | 3.125786 | 6.786164 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban Humanitarian Trade Act of
2001''.
SEC. 2. AMENDMENT TO EMBARGO AUTHORITY IN THE FOREIGN ASSISTANCE ACT OF
1961.
Section 620(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)(1)) is amended by striking the period at the end of the second
sentence and inserting the following: ``, except that any such embargo
shall not apply with respect to the export of any agricultural
commodity, medicines, medical supplies, medical instruments, or medical
equipment, or with respect to travel incident to the delivery of
agricultural commodities, medicines, medical supplies, medical
instruments, or medical equipment. As used in this paragraph, the terms
`agricultural commodity' and `medicine' have the meanings given those
terms in section 9 of the Cuban Humanitarian Trade Act of 2001.''.
SEC. 3. LIMITATION ON EXISTING RESTRICTIONS ON TRADE WITH CUBA.
Upon the enactment of this Act, any regulation, proclamation, or
provision of law, including Presidential Proclamation 3447 of February
3, 1962, the Export Administration Regulations (15 CFR 730 and
following), and the Cuban Assets Control Regulations (31 CFR 515), that
prohibits exports to Cuba or transactions involving exports to Cuba and
that is in effect on the date of the enactment of this Act, shall not
apply with respect to the export to Cuba of agricultural commodities,
medicines, medical supplies, medical instruments, or medical equipment,
or with respect to travel incident to the delivery of agricultural
commodities, medicines, medical supplies, medical instruments, or
medical equipment.
SEC. 4. LIMITATION ON THE FUTURE EXERCISE OF AUTHORITY.
After the enactment of this Act, the President may not restrict the
exportation to Cuba of agricultural commodities, medicines, medical
supplies, medical instruments, or medical equipment--
(1) under the Export Administration Act of 1979, except to
the extent such restrictions would be permitted under section 5
of that Act for goods containing parts or components on which
export controls are in effect under that section; or
(2) under section 203 of the International Emergency
Economic Powers Act, except to the extent the authorities under
that section are exercised to restrict the export of medical
instruments or medical equipment to deal with a threat to the
national security of the United States by virtue of the
technology incorporated in such instruments or equipment.
SEC. 5. OTHER PROVISIONS OF LAW; CONFORMING AMENDMENTS.
(a) Trade Sanctions Reform and Export Enhancement Act of 2000.--
(1) Inapplicability.--The Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426, as enacted into
law by section 1(a) of Public Law 106-387, and as contained in
the appendix of such Public Law) shall not apply with respect
to exports to Cuba of agricultural commodities, medicines,
medical supplies, medical instruments, or medical equipment.
(2) Conforming amendments.--The Trade Sanctions Reform and
Export Enhancement Act of 2000 is amended--
(A) in section 906(a)(1)--
(i) by striking ``to Cuba or''; and
(ii) by inserting ``(other than Cuba)''
after ``to the government of a country'';
(B) in section 908--
(i) by striking subsection (b);
(ii) in subsection (a)--
(I) by striking ``Prohibition'' and
all that follows through ``(1) In
general.--'' and inserting ``In
General.--'';
(II) by striking ``for exports to
Cuba or'';
(III) by striking paragraph (2);
and
(IV) by redesignating paragraph (3)
as subsection (b) (and conforming the
margin accordingly); and
(iii) in subsection (b) (as redesignated),
by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(C) by striking section 910; and
(D) by redesignating section 911 as section 910.
(b) Sanctions Under Cuban Democracy Act of 1992.--
(1) Inapplicability.--Section 1706(b) of the Cuban
Democracy Act of 1992 (22 U.S.C. 6005(b); prohibiting certain
vessels from entering United States ports) shall not apply with
respect to vessels that transport agricultural commodities,
medicines, medical supplies, medical instruments, or medical
equipment to Cuba, or that transport persons whose travel is
incident to the delivery of agricultural commodities,
medicines, medical supplies, medical instruments, or medical
equipment to Cuba.
(2) Conforming amendments.--(A) Section 1705 of the Cuban
Democracy Act of 1992 (22 U.S.C. 6004) is amended--
(i) in subsection (b)--
(I) in the subsection caption by striking
``, Donations'' and inserting ``, Exports'';
and
(II) by striking ``donations of food to
nongovernmental organizations or individuals in
Cuba'' and inserting ``exports of agricultural
commodities to Cuba'';
(ii) by amending subsection (c) to read as follows:
``(c) Exports of Medicines and Medical Supplies to Cuba.--Exports
of medicines, medical supplies, medical instruments, or medical
equipment to Cuba shall not be restricted--
``(1) except to the extent such restrictions would be
permitted--
``(A) under section 5 of the Export Administration
Act of 1979 for goods containing parts or components on
which export controls are in effect under that section;
or
``(B) under clause (A), (B), or (C) of section
203(b)(2) of the International Emergency Economic
Powers Act;
``(2) except in a case in which there is a reasonable
likelihood that the item to be exported will be used for
purposes of torture or other human rights abuses;
``(3) except in a case in which there is a reasonable
likelihood that the item to be exported will be reexported; and
``(4) except in a case in which the item to be exported
could be used in the production of any biotechnological
product.
Before imposing restrictions under this subsection, the President shall
submit to the Congress a report describing the restrictions to be
imposed and the reasons for the restrictions.''; and
(iii) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e),
and (f), respectively.
(B) Section 1704(b)(2)(C)(i) of the Cuban Democracy Act of
1992 (22 U.S.C. 6003(b)(2)(C)(i)) is amended to read as
follows:
``(i) exports of agricultural commodities
to Cuba; or''.
(C) Section 1704 of the Cuban Democracy Act of 1992 (22
U.S.C. 6003) is amended by adding at the end the following:
``(c) Definitions.--As used in this section and section 1705, the
terms `agricultural commodity' and `medicine' have the meanings given
those terms in section 9 of the Cuban Humanitarian Trade Act of
2001.''.
SEC. 6. APPLICATION OF DENIAL OF FOREIGN TAX CREDIT WITH RESPECT TO
CUBA.
Subparagraph (A) of section 901(j)(2) of the Internal Revenue Code
of 1986 (relating to denial of foreign tax credit, etc., with respect
to certain foreign countries) is amended by adding at the end thereof
the following new flush sentence:
``Notwithstanding the preceding sentence, this
subsection shall not apply to Cuba with respect to
income, war profits, or excess profits taxes paid to
Cuba that are attributable to activities with respect
to articles permitted to be exported to Cuba, or travel
incident thereto that is permitted, by virtue of the
enactment of the Cuban Humanitarian Trade Act of 2001.
The preceding sentence shall apply after the date which
is 60 days after the date of the enactment of this
sentence.''.
SEC. 7. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 8. INAPPLICABILITY OF OTHER RESTRICTIONS.
This Act and the amendments made by this Act apply notwithstanding
section 102(h) of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)).
SEC. 9. REPORT TO CONGRESS.
Not later than 6 months after the date of the enactment of this
Act, the President shall transmit to the Congress a report that sets
forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, medicines, medical
supplies, medical instruments, and medical equipment, since the
enactment of this Act;
(2) a description of the types and end users of the goods
so exported; and
(3) whether there has been any indication that any
medicines, medical supplies, medical instruments, or medical
equipment exported to Cuba since the enactment of this Act--
(A) have been used for purposes of torture or other
human rights abuses;
(B) were reexported; or
(C) were used in the production of any
biotechnological product.
SEC. 10. DEFINITIONS.
In this Act:
(1) Agricultural commodity.--The term ``agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321). | Cuban Humanitarian Trade Act of 2001 - Amends the Foreign Assistance Act of 1961 to exempt from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity (including fertilizer), medicines, medical supplies, medical instruments, or medical equipment, or any travel incident to delivery of such items. Exempts the same items from certain authorities limiting trade with Cuba, including the President's authority restricting exports to Cuba under the Export Administration Act of 1979 or the International Emergency Economic Powers Act.Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to repeal specified sections prohibiting: (1) U.S. Government assistance, including foreign and export assistance, U.S. credit or guarantees for exports to Cuba or for commercial exports to Iran, Libya, North Korea, or Sudan; and (2) the export of agricultural commodities (including the financing of their sale), medicine, or medical devices, and travel, to Cuba (effectively allowing the export of such commodities and travel to such country).Amends the Cuban Democracy Act of 1992 to exempt the export by a country of agricultural commodities to Cuba from the prohibition against U.S. assistance to any country that provides assistance to Cuba.Amends the Internal Revenue Code to terminate the denial of foreign tax credit with respect to income, war profits, or excess profits taxes paid to Cuba that are attributable to activities with respect to the permitted exports, or travel incident to such activities, under this Act.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make. Declares that this prohibition does not prohibit the prosecution or conviction of any person committing a criminal offense relating to the laundering of money or engagement in monetary transactions in property derived from unlawful activities. | {"src": "billsum_train", "title": "To make an exception to the United States embargo on trade with Cuba for the export of agricultural commodities, medicines, medical supplies, medical instruments, or medical equipment, and for other purposes."} | 2,406 | 431 | 0.663429 | 2.098862 | 0.783341 | 3.256983 | 5.935754 | 0.860335 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service Critical
Authorities Act of 2012''.
SEC. 2. DISTRICT OF COLUMBIA SNOW REMOVAL.
The Act of September 16, 1922 (42 Stat. 845, chapter 318) is
amended by striking section 3 and inserting the following:
``SEC. 3. DUTIES OF FEDERAL AGENCIES.
``(a) In General.--It shall be the duty of a Federal agency to
remove, or cause to be removed, snow, sleet, or ice from any paved
sidewalk or crosswalk within the fire limits of the District of
Columbia that is--
``(1) in front of or adjacent to any building that is--
``(A) owned by the United States; and
``(B) under the jurisdiction of the Federal agency;
or
``(2) a public thoroughfare in front of, around, or through
any public square, reservation, or open space that is--
``(A) owned by the United States; and
``(B) under the jurisdiction of the Federal agency.
``(b) Timing.--The removal of snow, sleet, or ice under subsection
(a) shall occur within a reasonable period after the snow or sleet
ceases to fall or the ice has accumulated, as applicable.
``(c) Application of Sand, Ashes, and Salt.--If snow, sleet, or ice
has hardened and cannot be removed from a sidewalk or crosswalk
described in subsection (a), the Federal agency shall--
``(1) make the sidewalk or crosswalk reasonably safe for
travel by applying sand, ashes, salt, or other acceptable
materials to the affected sidewalk or crosswalk; and
``(2) as soon as practicable, thoroughly remove the snow,
sleet, or ice from the affected sidewalk or crosswalk.
``(d) Authority To Delegate.--A Federal agency may delegate the
duty of the Federal agency under subsections (a) and (c) to another
governmental entity or a nongovernmental entity under a lease,
contract, or other comparable arrangement.
``(e) Agreement.--If 2 or more Federal agencies have overlapping
responsibility for a sidewalk or crosswalk, the Federal agencies may
enter into an agreement assigning responsibility for the removal of
snow, sleet, or ice from the sidewalk or crosswalk.''.
SEC. 3. GEORGE WASHINGTON MEMORIAL PARKWAY.
(a) Purpose.--The purpose of this section is to authorize, direct,
facilitate, and expedite the transfer of administrative jurisdiction
over certain Department of Transportation land and Department of the
Interior land in accordance with the terms and conditions of this
section.
(b) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the agreement
entered into by the Federal Highway Administration and the
National Park Service on September 11, 2002, with respect to
the Federal land described in this section.
(2) DOI land.--The term ``DOI land'' means the
approximately 0.342 acres of Department of the Interior land
that is--
(A) located within the boundary of the George
Washington Memorial Parkway; and
(B) generally depicted as ``B'' on the Map.
(3) DOT land.--The term ``DOT land'' means the
approximately 0.479 acres of Department of Transportation land
within the boundary of the Research Center that is--
(A) adjacent to the boundary of the George
Washington Memorial Parkway; and
(B) generally depicted as ``A'' on the Map.
(4) Map.--The term ``Map'' means the map entitled ``GWMP-
Claude Moore Farm Proposed Boundary Adjustment'', numbered 850/
82003, and dated April 2004.
(5) Research center.--The term ``Research Center'' means
the Turner-Fairbank Highway Research Center of the Federal
Highway Administration.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Administrative Jurisdiction.--
(1) In general.--The Secretary may transfer to the
Secretary of Transportation administrative jurisdiction over
the DOI land in exchange for the transfer by the Secretary of
Transportation to the Secretary of administration jurisdiction
over the DOT land.
(2) Use restriction.--
(A) In general.--The Secretary shall restrict the
use of the land described in subparagraph (B) by
prohibiting the storage, construction, or installation
of any item that may obstruct the view from the
Research Center to the George Washington Memorial
Parkway.
(B) Description of restricted land.--The land
referred to in subparagraph (A) is the approximately
0.139 acres of land within the boundary of the George
Washington Memorial Parkway immediately adjacent to the
north perimeter fence of the Research Center, generally
depicted as ``C'' on the Map.
(3) No reimbursement or consideration.--No reimbursement or
consideration shall be required for the transfer of
administrative jurisdiction under this subsection.
(4) Compliance with agreement.--
(A) In general.--The National Park Service and the
Federal Highway Administration shall comply with all
terms and conditions of the Agreement regarding the
transfer of administrative jurisdiction, management,
and maintenance of the land described in the Agreement.
(B) Access to restricted land.--
(i) In general.--Subject to clauses (ii)
and (iii), the Secretary shall allow the
Research Center to access the land described in
paragraph (2)(B) for purposes of maintenance in
accordance with National Park Service
standards, including grass mowing, weed
control, tree maintenance, fence maintenance,
and maintenance of the visual appearance of the
land.
(ii) Pruning and removal of trees.--No tree
on the land described in paragraph (2)(B) that
is 6 inches or more in diameter shall be pruned
or removed without the advance written
permission of the Secretary.
(iii) Pesticides.--The use of pesticides on
the land described in paragraph (2)(B) shall be
approved in writing by the Secretary prior to
application of the pesticides.
(5) Availability of map.--The Map shall be available for
public inspection in the appropriate offices of the National
Park Service.
(d) Management of Transferred Land.--
(1) DOT land.--The DOT land transferred to the Secretary
under subsection (c)(1) shall be--
(A) included in the boundaries of the George
Washington Memorial Parkway; and
(B) administered as part of the George Washington
Memorial Parkway, subject to applicable laws (including
regulations).
(2) DOI land.--The DOI land transferred to the Secretary of
Transportation under subsection (c)(1) shall be--
(A) included in the boundary of the Research
Center; and
(B) removed from the boundary of the parkway.
(3) Restricted-use land.--The land described in subsection
(c)(2)(B) shall be maintained by the Research Center.
SEC. 4. UNIFORM PENALTIES FOR VIOLATIONS ON PARK SERVICE LAND.
(a) In General.--The first section of the Act of March 2, 1933 (47
Stat. 1420, chapter 180), is amended by striking ``imprisonment.'' and
inserting the following: ``imprisonment, unless the violation occurs at
a park, site, monument, or memorial that is part of the National Park
System, in which case the violation shall be subject to the appropriate
penalty under section 3 of the National Park Service Organic Act (16
U.S.C. 3) and subchapter C of chapter 227 of part II of title 18,
United States Code.''.
(b) Administration by Secretary of the Interior.--Section 2(k) of
the Act of August 21, 1935 (16 U.S.C. 462(k)), is amended by striking
``proceedings.'' and inserting the following: ``proceedings, unless the
violation occurs at an area that is part of the National Park System,
in which case the violation shall be subject to the appropriate penalty
under section 3 of the National Park Service Organic Act (16 U.S.C. 3)
and subchapter C of chapter 227 of part II of title 18, United States
Code.''. | National Park Service Critical Authorities Act of 2012 - Revises provisions regarding the removal of snow and ice around federal buildings in the District of Columbia.
Permits the Federal Highway Administration (FHA) and the National Park Service (NPS) to exchange lands in Virginia along the George Washington Memorial Parkway affecting access to the Claude Moore Historical Farm and security at the FHA's Turner-Fairbank Highway Research Center and the Central Intelligence Agency (CIA) complex adjacent to the farm.
Revises specified current penalty provisions applicable to the National Park System to provide for the uniform application throughout the System of specified penalty provisions of the National Park Service Organic Act and the federal criminal code. | {"src": "billsum_train", "title": "To provide for several critical National Park Service authorities, and for other purposes."} | 1,860 | 146 | 0.360735 | 1.103515 | 0.702432 | 2.220472 | 12.905512 | 0.787402 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Market Royalty Act''.
SEC. 2. BROADCAST PERFORMANCE RIGHT IN SOUND RECORDINGS.
Section 106(6) of title 17, United States Code, is amended by
striking ``a digital audio'' and inserting ``an audio''.
SEC. 3. FREE MARKET FOR LICENSING OF PUBLIC PERFORMANCES.
Section 114 of title 17, United States Code, is amended as follows:
(1) Subsection (d) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``a digital audio'' and
inserting ``an audio'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B)
and (C) as subparagraphs (A) and (B),
respectively;
(B) by striking paragraph (2);
(C) in paragraph (3)--
(i) in subparagraphs (A) and (B)(i), by
striking ``of digital audio'' and inserting
``of an audio''; and
(ii) in subparagraph (D), by striking ``a
digital audio'' and inserting ``an audio'';
(D) in paragraph (4), in subparagraphs (A) and
(B)(i), by striking ``a digital audio'' and inserting
``an audio''; and
(E) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(2) Section 114 of title 17, United States Code, is amended
by striking subsections (e), (f), and (g), and inserting the
following:
``(e) Efficiency of Licensing.--
``(1) Collective negotiation for noninteractive services.--
Pursuant to section 106(6), and notwithstanding any other
provision of law, any noninteractive services performing sound
recordings publicly by means of an audio transmission may
collectively negotiate and agree to royalty rates and license
terms and conditions for the performance of such sound
recordings.
``(2) One-stop licensing for noninteractive services.--
``(A) Negotiation of licenses by common agent.--
Pursuant to section 106(6), and notwithstanding any
other provision of law, for licenses for noninteractive
audio transmissions, SoundExchange, Inc., or any
successor entity is designated as the sole common agent
to negotiate, agree to, pay, and receive payments under
this section. If a license for noninteractive audio
transmissions is agreed to by such common agent,
copyright owners of sound recordings may subsequently
negotiate and agree to royalty rates and license terms
and conditions with any noninteractive services
performing sound recordings publicly by means of an
audio transmission for the performance of such sound
recordings.
``(B) Direct payment and equal compensation.--The
common agent under subparagraph (A) shall make
distributions directly to the following recipients from
payments collected under this section as follows:
``(i) 50 percent shall be paid to the
copyright owner.
``(ii) 45 percent shall be paid to featured
recording artists.
``(iii) 5 percent shall be paid to
nonfeatured musicians and vocalists (through
the American Federation of Musicians and Screen
Actors Guild-American Federation of Television
and Radio Artists Intellectual Property Rights
Distribution Fund, or their successors).
``(f) Payments From Individual Licenses for Noninteractive Audio
Transmissions.--In the case of a license granted by the copyright owner
of a sound recording to a noninteractive service performing sound
recordings publicly by means of an audio transmission, such service
shall pay to the common agent described in subsection (e) receipts from
the licensing of such transmissions in an amount equal to 50 percent of
the total royalties and other compensation that the service is required
to pay for such transmissions under the applicable license agreement.
Such common agent shall distribute such payments in proportion to the
distributions provided in clauses (ii) and (iii) of subsection
(e)(2)(B), and such payments shall be the sole payments to which
featured and nonfeatured artists are entitled by reason of such
transmissions under the license with that service.
``(g) Backstop for Public and Noncommercial Stations.--
``(1) Establishment of rates and terms.--If royalty rates
and license terms and conditions for the audio transmission or
retransmission of a nonsubscription broadcast consisting solely
of noncommercial educational and cultural radio programs are
not negotiated and agreed upon collectively under subsection
(e) between the common agent and a noncommercial educational
broadcast station funded on or after January 1, 1995, under
section 396(k) of the Communications Act of 1934 (47 U.S.C.
396(k)), a proceeding under chapter 8 of this title shall
determine the rates and terms for such transmissions and
retransmissions. The Copyright Royalty Judges shall establish
such rates and terms that most clearly represent the rates and
terms that would have been negotiated in the marketplace
between a willing buyer and a willing seller. In determining
such rates and terms, the Copyright Royalty Judges shall base
their decision on economic, competitive, and programming
information presented by the parties.
``(2) Payment of royalties.--All royalty payments under
this subsection for over-the-air nonsubscription broadcast
transmissions required to be paid by public broadcasting
entities that are eligible to receive funding on the basis of
the formula set forth in section 396(k)(6)(B) of the
Communications Act of 1934 (47 U.S.C. 396(k)(6)(B)) or that are
authorized to transmit over-the-air nonsubscription broadcast
performances of nondramatic musical works pursuant to
arrangements negotiated or otherwise made by the Corporation
for Public Broadcasting under section 118, shall first be made
using funds made available pursuant to section
396(k)(3)(A)(I)(II) of the Communications Act of 1934.''.
(3) Subsection (h)(1) is amended by striking ``a digital
audio'' and inserting ``an audio''.
(4) Subsection (j) is amended--
(A) in paragraph (1), by striking ``digital audio''
and inserting ``audio'';
(B) by striking paragraphs (2), (4), (5), (6), (8),
(10), and (11);
(C) by inserting after paragraph (1) the following:
``(2) An `audio transmission' is a transmission that
embodies the transmission of a sound recording, and does not
include the transmission of any audiovisual work.'';
(D) by redesignating paragraph (7) as paragraph
(4);
(E) by inserting after paragraph (4), as
redesignated, the following:
``(5) A `noninteractive service' is a service that would
have been eligible for statutory licensing under subsection
(d)(2) of this section, as such subsection was in effect on
September 1, 2013''; and
(F) by redesignating paragraphs (9), (12), (13),
(14), and (15) as paragraphs (6), (7), (8), (9), and
(10) respectively.
SEC. 4. EPHEMERAL RECORDINGS.
Section 112 of title 17, United States Code, is amended--
(1) in subsection (a)(1), by striking ``including a
statutory license under section 114(f)'' and inserting
``including a license to perform a sound recording under
section 114''; and
(2) by striking subsection (e) and inserting the following:
``(e) Efficiency of Licensing.--The provisions of subsections
(e)(1), (e)(2)(A), and (g) of section 114 shall apply to licensing of
the right to reproduce phonorecords of a sound recording under section
106(1)--
``(1) for use solely to make noninteractive audio
transmissions licensable under such subsections of section 114,
or
``(2) for use solely under the limitation on exclusive
rights specified by section 114(d)(1)(B)(iv),
under circumstances in which such reproductions would have been
eligible for statutory licensing under this subsection, as this
subsection was in effect on September 1, 2013.''.
SEC. 5. CHAPTER 8 PROCEEDINGS OF COPYRIGHT ROYALTY JUDGES; TECHNICAL
AMENDMENTS.
(a) Functions.--Section 801(b) of title 17, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``112(e), 114,''; and
(B) by striking ``sections 114(f)(1)(B), 115,'' and
inserting ``sections 115'';
(2) in paragraph (3)(C), by striking ``804(b)(8)'' and
inserting ``804(b)(7)'';
(3) in paragraph (7)(B), by striking ``112(e)(5),
114(f)(3),'';
(4) by redesignating paragraph (8) as paragraph (9); and
(5) by inserting after paragraph (7) the following:
``(8) To determine the rates and terms for transmissions
under section 114(g) and reproductions under section 112(e).''.
(b) Proceedings.--Section 803 of title 17, United States Code, is
amended--
(1) in subsection (b)(1)(A)(i)--
(A) by striking subclauses (II) and (III);
(B) in subclause (IV), by striking ``804(b)(8)''
and inserting ``804(b)(7)''; and
(C) by redesignating subclauses (IV) and (V) as
subclauses (II) and (III), respectively; and
(2) in subsection (c)(2)(E)(i), by striking ``on a
specified date, then--'' and all that follows through ``as of
the date of that determination.'' and inserting ``on a
specified date, then the initial determination of the Copyright
Royalty Judges that is the subject of the rehearing motion
shall be effective as of the day following the date on which
the rates and terms that were previously in effect expire.''.
(c) Judicial Review.--Section 803(d)(2)(C)(ii) of title 17, United
States Code, is amended by striking ``by the Copyright Royalty Judges''
and inserting ``under section 114(e)(2) or 112(e), or, in any other
case, by the Copyright Royalty Judges,''.
(d) Institution of Proceedings.--Section 804 of title 17, United
States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``112,
114,''; and
(B) by striking the last sentence; and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by striking paragraph (3) and inserting the
following:
``(2) Certain sections 114 and 112 proceedings.--
Proceedings under this chapter to determine terms and rates of
royalty payments under section 114(g) or 112(e) may be
commenced only pursuant to petitions filed after the end of the
6-month period beginning on the effective date of the Free
Market Royalty Act. Thereafter, proceedings described in the
preceding sentence may be commenced only pursuant to a petition
filed at any time within 1 year after negotiated licenses
authorized by section 114 or 112(e) (as the case may be) expire
and are not replaced by subsequent agreements. For purposes of
proceedings to determine terms and rates under this paragraph,
the Copyright Royalty Judges shall make a determination as to
whether the petitioner has a significant interest in the terms
and rates in which a determination by the Judges is requested.
If the Copyright Royalty Judges determine that the petitioner
has such a significant interest, the Copyright Royalty Judges
shall cause notice of this determination, with the reasons for
such determination, to be published in the Federal Register,
together with the notice of commencement of proceedings under
this chapter.''; and
(C) by redesignating paragraphs (4) through (8) as
paragraphs (3) through (7), respectively.
(e) Technical Amendments.--Section 114 of title 17, United States
Code, is amended as follows:
(1) Subsection (a) is amended by striking ``clauses'' and
inserting ``paragraphs''.
(2) Subsection (b) is amended--
(A) by striking ``clause'' each place it appears
and inserting ``paragraph'';
(B) by striking ``clauses'' each place it appears
and inserting ``paragraphs''; and
(C) by striking ``section 397 of title 47'' and
inserting ``section 397 of the Communications Act of
1934 (47 U.S.C. 397)''.
SEC. 6. STUDY BY COPYRIGHT OFFICE.
The Register of Copyrights shall--
(1) conduct a study on the protection of making available
to the public copyrighted works under paragraph (3) of section
106 of title 17, United States Code, and communicating to the
public copyrighted works under paragraph (4) of such section,
and recommend any amendments to such paragraphs necessary to so
protect the rights of making available to the public
copyrighted works and communicating to the public copyrighted
works; and
(2) not later than 9 months after the date of the enactment
of this Act, submit to the Committees on the Judiciary of the
House of Representatives and the Senate a report on the results
of the studies conducted under paragraph (1), including any
recommendations under such paragraph.
SEC. 7. EFFECTIVE DATE.
(a) Phase-Out of Statutory Licenses.--The amendments made by
sections 2, 3, 4, and 5--
(1) shall take effect upon the expiration of the 1-year
period beginning on the date of the enactment of this Act; and
(2) shall apply with respect to audio transmissions of
sound recordings that are made on or after the effective date
under paragraph (1).
(b) Other Provisions.--Sections 1 and 6 shall take effect on the
date of the enactment of this Act. | Free Market Royalty Act - Amends federal copyright law to provide a public performance right for all audio transmissions of sound recordings, thereby extending such right to require terrestrial AM/FM broadcast radio stations to pay royalties for non-digital audio transmissions. (Currently, a performance right for sound recordings is provided only with respect to digital transmissions by cable, satellite, and Internet radio stations.) Eliminates statutory licensing royalty rates set by Copyright Royalty Judges (CRJs) for the public performance of sound recordings by noninteractive digital audio services. Allows any noninteractive services performing sound recordings publicly by means of an audio transmission (including cable, satellite, Internet, and AM/FM broadcasters) to collectively negotiate royalty rates for such performances. Designates SoundExchange, Inc. (an independent, nonprofit organization that collects and distributes royalties), or any successor entity, as the sole common agent to negotiate, agree to, pay, and receive royalty payments. Authorizes copyright owners of sound recordings, if a license is agreed to by the common agent, to subsequently negotiate and agree to royalty rates and license terms and conditions with any noninteractive services for the performance of such sound recordings (thus allows copyright owners to opt-out of rates or conditions negotiated by the common agent and to instead negotiate direct licenses for their recordings). Sets forth the royalty payment distributions to be made by the common agent to copyright owners, featured recording artists, and non-featured musicians and vocalists. Establishes procedures for CRJs to set rates and terms for nonsubscription broadcasts consisting solely of noncommercial educational and cultural radio programs when such rates and terms are not negotiated and agreed upon collectively between the common agent and the noncommercial educational broadcast station. Modifies ephemeral recording requirements (licenses to reproduce phonorecords to facilitate transmissions) to account for the removal of statutory licensing procedures. | {"src": "billsum_train", "title": "Free Market Royalty Act"} | 3,254 | 427 | 0.565123 | 1.70005 | 0.759595 | 2.62029 | 8.373913 | 0.852174 |
98, passed in the House of
Representatives on March 16, 2005, ``to provide a legal
justification for the use of force against Taiwan, altering the
status quo in the region, and thus is of grave concern to the
United States.''.
(7) The 2011 Department of Defense's Annual Report to
Congress on ``Military and Security Developments Involving the
People's Republic of China'' noted that the People's Liberation
Army ``seeks the capability to deter Taiwan independence and
influence Taiwan to settle the dispute on Beijing's terms''
while ``developing capabilities intended to deter, delay, or
deny possible U.S. support for the island in the event of
conflict. The balance of cross-Strait military forces and
capabilities continues to shift in the mainland's favor.''. The
report also states the PLA has deployed between 1,000 and 1,200
short-range ballistic missiles (SRBM) to units opposite Taiwan.
(8) The United States has sought diplomatically to preserve
Taiwan's international space, and has sought to secure Taiwan's
meaningful participation in such international organizations as
the World Health Organization (WHO).
(9) The total value of trade between the United States and
Taiwan in 2011 was approximately 67,200,000,000, and Taiwan
ranked as the 10th largest trading partner of the United
States.
(10) Given that the Taiwan Relations Act states that it is
the policy of the United States to ``preserve and promote
extensive, close, and friendly commercial, cultural, and other
relations between the people of the United States and the
people on Taiwan,'' it is in the economic interests of the
United States and the national security interests of Taiwan for
our two peoples to further strengthen their trade and
investment ties.
(b) Purpose.--The purpose of this Act is to establish a commission
to review and report to Congress on the implementation of the Taiwan
Relations Act and on United States policy in regard to Taiwan since
2000.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch the Congressional
Advisory Commission on the Implementation of United States Policy under
the Taiwan Relations Act.
SEC. 3. DUTIES.
The Commission shall--
(1) assess the sufficiency of defense articles and services
made available to Taiwan by the United States for the purpose
of maintaining Taiwan's self-defense capability, including
whether Taiwan's air and air defense forces retain the ability
to effectively defend Taiwan against the ballistic missile and
air threats posed by the People's Republic of China;
(2) review the operational planning, policy reviews, and
other preparations of the United States since 2000 to implement
section 2(b)(6) and subsections (a), (b), and (c) of section 3
of the Taiwan Relations Act, and evaluate the compliance of
these processes with the requirements of section 3(2) of the
Taiwan Relations Act and the Six Assurances provided to Taiwan
in July 1982;
(3) identify current and potential threats to the security,
social, or economic system of the people on Taiwan, and assess
the extent to which the United States retains the capability to
resist any resort to force or other forms of coercion that
would jeopardize the security, social, or economic system, of
the people on Taiwan;
(4) evaluate the sufficiency and effectiveness of measures
undertaken by the United States since 2000 to continue and
promote extensive commercial, cultural, and other relations
between the people of the United States and the people on
Taiwan, and recommend future steps for strengthening trade and
investment ties with Taiwan in furtherance of the United States
national economic and security interests;
(5) review the measures undertaken by the United States
since 2000 with regard to the preservation and enhancement of
the human rights of all the people on Taiwan, including the
strengthening of democratic governance and rule of law in
accordance with section 2(3) of the Taiwan Relations Act;
(6) identify and recommend available United States policy
options to assist Taiwan in broadening its international space,
including Taiwan's ability to participate meaningfully in the
World Health Organization and other international
organizations, and to ensure that the future of Taiwan will be
determined by peaceful means, taking into account the forms and
effectiveness of any coercive strategies undertaken by the
People's Republic of China to undermine Taiwan's freedom of
action; and
(7) make findings and recommendations on available policy
options for the United States to advance toward a normalization
of the relationship with the Government of Taiwan, including
the desirability of such measures as the resumption of visits
by cabinet-level officials between the United States and Taiwan
and requiring the advice and consent of the Senate for the
individual appointed by the President to serve as the Director
of the American Institute in Taiwan.
SEC. 4. COMPOSITION.
(a) Members.--The Commission shall be composed of five members, of
whom--
(1) one member shall be appointed by the President;
(2) one member shall be appointed by the majority leader of
the Senate;
(3) one member shall be appointed by the Speaker of the
House of Representatives;
(4) one member shall be appointed by the minority leader of
the Senate; and
(5) one member shall be appointed by the minority leader of
the House of Representatives.
(b) Deadline for Appointment.--All members of the Commission should
be appointed within 90 days after the date of enactment of this Act.
(c) Qualifications.--
(1) In general.--All members of the Commission shall be
persons who are especially qualified to serve on the Commission
by virtue of their education, training, or experience in the
field of foreign policy, national security, military affairs,
or East Asian politics.
(2) Political party affiliation.--Not more than three
members of the Commission may be members of or affiliated with
the same political party.
(d) Chairperson.--The Commission shall select a Chairperson from
among its members.
(e) Vacancies.--If a vacancy occurs in the membership of the
Commission, it shall be filled in the manner in which the original
appointment was made.
SEC. 5. PROCEEDINGS.
(a) Meetings.--The Commission shall hold its first meeting not
later than 120 days after the enactment of this Act, and shall meet
thereafter at the call of the chairperson or a majority of its members.
Three members of the commission shall constitute a quorum.
(b) Hearings.--
(1) In general.--The Commission may, for the purposes of
carrying out this Act, hold hearings, sit and act at such times
and places, request the attendance of witnesses and take
testimony from such witnesses, and receive evidence as the
Commission considers appropriate.
(2) Availability to public.--The Commission should conduct
its hearings in public to the extent that the Commission
considers it appropriate.
(c) Consideration and Use of Existing Studies.--In carrying out its
duties, the Commission shall consider and use, to the extent it deems
appropriate, any studies that have been conducted by other entities on
the subjects described in section 3 so as to avoid unnecessary
duplication.
SEC. 6. STAFF.
The Commission is authorized to hire staff to assist the Commission
in carrying out its duties.
SEC. 7. REPORT.
Not later than 1 year after the date of the Commission's first
meeting, the Commission shall submit to Congress a report in writing
containing the findings and conclusions of the Commission and agreed to
by a majority of the members of the Commission, including any
recommendations the Commission finds necessary to improve
implementation of United States policy under the Taiwan Relations Act.
SEC. 8. TERMINATION.
(a) In General.--The Commission, and all of its authorities under
this Act, shall terminate 60 days after the date on which the report is
submitted to Congress under section 7.
(b) Conclusion of Activities.--The Commission may use the 60-day
period referred to in subsection (a) for the purpose of concluding its
activities, including providing testimony to committees of Congress and
disseminating its report to the public.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal year 2013
$500,000 to carry out this Act. | Establishes the Congressional Advisory Commission on the Implementation of United States Policy under the Taiwan Relations Act.
Requires the Commission to: (1) assess the sufficiency of U.S. defense articles and services for Taiwan; (2) review U.S. operational planning, policy reviews, and other preparations since 2000 to implement the Taiwan Relations Act and the Six Assurances provided to Taiwan in 1982; (3) identify threats to the security, social, or economic systems of Taiwan and assess U.S. capability to resist such threats; (4) evaluate U.S. measures since 2000 to enhance commercial, cultural, and other relations with Taiwan; (5) review U.S. measures since 2000 regarding human rights on Taiwan; (6) recommend policy options to assist Taiwan broaden its international space, including Taiwan's ability to participate meaningfully in the World Health Organization (WHO) and other international organizations, and to ensure that Taiwan's future will be determined peacefully, taking into account China's strategies to undermine Taiwan's freedom of action; and (7) recommend U.S. policy options to advance toward normalization of the relationship with the government of Taiwan.
Terminates the Commission 60 days after the report required by this Act is submitted to Congress. | {"src": "billsum_train", "title": "To establish a Congressional Advisory Commission on the Implementation of United States Policy under the Taiwan Relations Act."} | 1,743 | 259 | 0.652607 | 1.992813 | 0.898714 | 4.240175 | 7.358079 | 0.956332 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First-time Homebuyer Affordability
Act of 1993''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) it is desirable to make funds available from individual
retirement plans to encourage first time home ownership, and
(2) the tax and penalty on the premature withdrawal of
funds from individual retirement plans are substantial
impediments to making such funds available for that purpose.
(b) Policy.--It is the policy of the Congress to remove impediments
to home investment by first-time homebuyers by permitting owners of
individual retirement plans to direct the trustees of such plans to
invest plan funds as home equity or debt in the homes of family members
who are first-time homebuyers.
SEC. 3. CERTAIN RETIREMENT PLANS AUTHORIZED TO MAKE EQUITY INVESTMENTS
IN PRINCIPAL RESIDENCES FOR FIRST-TIME HOMEBUYERS.
(a) Exemption From Prohibited Transaction Rules.--Section 4975 of
the Internal Revenue Code of 1986 (relating to tax on prohibited
transactions) is amended by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively, and by inserting after
subsection (g) the following new subsection:
``(h) Special Rule for Home Equity Participation Arrangements.--
``(1) In general.--The prohibitions provided in subsection
(c) shall not apply to any qualified home equity participation
arrangement.
``(2) Qualified home equity participation arrangement.--For
purposes of this subsection--
``(A) In general.--The term `qualified home equity
participation arrangement' means an arrangement--
``(i) under which the trustee of an
individual retirement plan, at the direction of
the eligible participant, shall acquire an
ownership interest in all or any part of any
dwelling unit which within a reasonable period
of time (determined at the time the arrangement
is executed) is to be used as the principal
residence for a first-time homebuyer, and
``(ii) which meets the requirements of
subparagraph (B) of this paragraph.
``(B) Ownership interest requirement.--An
arrangement shall meet the requirements of this
subparagraph if the ownership interest described in
subparagraph (A)--
``(i) is a fee interest in such property
equal to the percentage which--
``(I) the amount invested by the
trustee of the individual retirement
plan, bears to
``(II) the acquisition cost of or
total equity in the dwelling unit,
``(ii) by its terms requires repayment in
full upon--
``(I) the sale or other transfer of
the dwelling unit, or
``(II) the cessation of use as the
principal residence of the first-time
homebuyer, and
``(iii) may not be used as security for any
loan secured by any interest in the dwelling
unit.
``(3) Definitions.--For purposes of this subsection--
``(A) Eligible participant.--The term `eligible
participant' means an individual on whose behalf an
individual retirement plan is established.
``(B) First-time homebuyer.--The term `first-time
homebuyer' means an individual who--
``(i) is an eligible participant or
qualified family member, and
``(ii) had (and if married, such
individual's spouse had) no present ownership
interest in a principal residence at any time
during the 36-month period before the date of
the arrangement.
``(C) Qualified family member.--The term `qualified
family member' means a child (as defined in section
151(c)(3)), parent, or grandparent of the eligible
participant (or such participant's spouse). Section
152(b)(2) shall apply in determining if an individual
is a parent or grandparent of an eligible participant
(or such participant's spouse).
``(D) Acquisition; etc.--
``(i) Acquisition.--The term `acquisition'
includes construction, reconstruction, and
improvement related to such acquisition.
``(ii) Acquisition cost.--The term
`acquisition cost' has the meaning given such
term by section 143(k)(3).
``(E) Principal Residence.--The term `principal
residence' has the same meaning as when used in section
1034.''.
(b) Effective Date.--The amendment made by this section shall apply
to arrangements entered into after December 31, 1992.
SEC. 4. LOANS USED TO ACQUIRE PRINCIPAL RESIDENCES FOR FIRST-TIME
HOMEBUYERS.
(a) Individual Retirement Plans.--Section 408(e) of the Internal
Revenue Code of 1986 (relating to tax treatment of accounts and
annuities) is amended by adding at the end thereof the following new
paragraph:
``(7) Loans used to purchase a home for first-time
homebuyers.--
``(A) In general.--Paragraphs (3) and (4) shall not
apply to any qualified home purchase loan made, or
secured, by an individual retirement plan.
``(B) Qualified home purchase loan.--For purposes
of this paragraph, the term `qualified home purchase
loan' means a loan--
``(i) made by the trustee of an individual
retirement plan at the direction of the
individual on whose behalf such plan is
established,
``(ii) the proceeds of which are used for
the acquisition of a dwelling unit which within
a reasonable period of time (determined at the
time the loan is made) is to be used as the
principal residence for a first-time homebuyer,
``(iii) which is secured by the dwelling
unit,
``(iv) which by its terms requires
repayment in full within 15 years after the
date of acquisition of the dwelling unit,
``(v) which by its terms treats any amount
remaining unpaid in the taxable year beginning
after the period described in clause (iv) as
distributed in such taxable year to the
individual on whose behalf such plan is
established and subject to section 72(t)(1),
and
``(vi) which bears interest from the date
of the loan at a rate not less than the rate
for comparable United States Treasury
obligations on such date.
``(C) Definitions.--For purposes of this
paragraph--
``(i) First-time homebuyer.--The term
`first-time homebuyer' has the meaning given
such term by section 4975(h)(3)(B).
``(ii) Acquisition.--The term `acquisition'
has the meaning given such term by section
4975(h)(3)(D)(i).
``(iii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(iv) Date of acquisition.--The term `date
of acquisition' means the date--
``(I) on which a binding contract
to acquire the principal residence to
which subparagraph (B) applies is
entered into, or
``(II) on which construction,
reconstruction, or improvement of such
a principal residence is commenced.''.
(b) Prohibited Transaction.--Section 4975(d) of the Internal
Revenue Code of 1986 (relating to exemptions from tax on prohibited
transactions) is amended by striking ``or'' at the end of paragraph
(14), by striking the period at the end of paragraph (15) and inserting
``; or'', and by inserting after paragraph (15) the following new
paragraph:
``(16) any loan that is a qualified home purchase loan (as
defined in section 408(e)(7)(B)).''.
(c) Effective Date.--The amendments made by this section shall
apply to loans made after December 31, 1992. | First-time Homebuyer Affordability Act of 1993 - Amends the Internal Revenue Code to make the tax on prohibited transactions inapplicable to a home equity participation arrangement. Describes such arrangement as one in which the eligible participant in an individual retirement plan directs the plan trustee to acquire an ownership interest in all or part of any dwelling unit which within a reasonable period of time is to be used as the principal residence for a first-time homebuyer. Requires such ownership interest to be a fee interest which requires full repayment. Describes the first-time homebuyer as an eligible participant or a qualified family member (child, parent, grandparent, or spouse) who had no present ownership interest in a principal residence during the 36-month period before the date of the arrangement.
Allows the use of amounts in an individual retirement plan to make loans to purchase a home for a first-time homebuyer on behalf of an eligible participant or a qualified family member. Requires the repayment of first-time homebuyer loans within 15 years. | {"src": "billsum_train", "title": "First-time Homebuyer Affordability Act of 1993"} | 1,788 | 235 | 0.661147 | 1.943451 | 0.80745 | 3.397959 | 8.045918 | 0.94898 |
SECTION 1. FINANCIAL LITERACY SERVICES.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by adding at the end the following new section:
``financial literacy services
``Sec. 1150A. (a) Definitions.--In this section:
``(1) Area agency on aging.--The term `area agency on
aging' has the meaning given that term in section 102 of the
Older Americans Act of 1965 (42 U.S.C. 3002).
``(2) Financial literacy services.--The term `financial
literacy services' means the services described in subsection
(b)(1).
``(3) Older individual.--The term `older individual' has
the meaning given that term in such section 102.
``(b) Grants for Services.--
``(1) In general.--The Secretary shall make grants to
eligible entities and other entities determined appropriate by
the Secretary to enable the entities to provide services to
improve financial literacy among older individuals, including
older individuals who are women, and the family members and
legal representatives of such individuals. The Secretary shall
make the grants on a competitive basis, and nationwide.
``(2) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall be an area agency on
aging or another entity that meets such requirements as the
Secretary may specify.
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. In the case of an
entity who intends to provide the financial literacy services
jointly with other services as described in paragraph (4)(C),
the application shall include information demonstrating that
the entity has the capacity to provide the services jointly.
``(4) Use of funds.--
``(A) In general.--An entity that receives a grant
under this subsection shall use the funds made
available through the grant to provide financial
literacy services, such as financial literacy
education, training, and assistance.
``(B) Provision through contracts.--The entity may
provide the services directly or by entering into a
contract with an organization that provides counseling,
advice, or representation to older individuals and the
family members and legal representatives of such
individuals in a community served by the entity.
``(C) Provision with other services.--The entity
may provide the services alone or jointly with other
services provided by or funded by the eligible entity,
such as--
``(i) services provided through State
Health Insurance Assistance Programs;
``(ii) services provided through a Long-
Term Care Ombudsman program under section
307(a)(9) or 712 of the Older Americans Act of
1965 (42 U.S.C. 3027, 3058g);
``(iii) information and assistance services
provided under the Older Americans Act of 1965
(42 U.S.C. 3001 et seq.);
``(iv) legal assistance services provided
under the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.);
``(v) services provided through Senior
Medicare Patrol Projects conducted by the
Administration on Aging;
``(vi) case management services; and
``(vii) services provided through Aging and
Disability Resource Centers.
``(5) Report.--The Secretary shall submit to Congress an
annual report on the activities carried out by entities under a
grant under this subsection.
``(c) National Support Center for Financial Literacy Grant.--
``(1) In general.--The Secretary may make a grant to an
eligible center to coordinate the services provided through,
and support the grant recipients under, the grant program
carried out under subsection (b).
``(2) Eligible center.--To be eligible to receive a grant
under this subsection, a center shall--
``(A) be an entity that is housed within an
organization described in section 501(c) of the
Internal Revenue Code of 1986 that is exempt from
taxation under section 501(a) of such Code;
``(B) have a minimum of 10 years experience
operating a national program and support center with a
focus on financial literacy; and
``(C) be primarily engaged in outreach and training
activities designed to provide financial education and
retirement planning for low- and moderate-income
individuals, particularly with respect to women; and
``(D) have a demonstrated record of collaboration
with organizations that focus on the needs of low- and
moderate-income individuals and with national
organizations serving the elderly, including those
working with area agencies on aging and women, as well
as organizations with expertise in financial services
and related fields.
``(3) Use of funds.--A center that receives a grant under
this subsection shall use the funds made available through the
grant to--
``(A) design and conduct training (which may
include providing training for trainers) related to
financial literacy services;
``(B) provide curricula for financial literacy
services;
``(C) develop and disseminate relevant information
about financial literacy services;
``(D) conduct outreach to national, State, and
community organizations through a series of strategic
partnerships in order to improve financial literacy
among older individuals and the family members and
legal representatives of such individuals;
``(E) provide technical assistance to the grant
recipients under subsection (b) with respect to the
program; and
``(F) collect data from such grant recipients about
the services provided under this section, and the
impact of those services.
``(4) Addressing challenges to women in securing adequate
retirement income.--In addition to the activities described in
paragraph (3), a center that receives a grant under this
subsection shall use the funds made available through the grant
to conduct activities that are focused on addressing the
challenges faced by older women, women of color, single women,
and women who are heads of households to securing an adequate
retirement income.
``(d) Coordination.--The Secretary shall ensure that the activities
carried out under the grant program under subsection (b) and under a
grant made under subsection (c) are coordinated with the activities
carried out by--
``(1) the Office of Financial Education of the Department
of the Treasury; and
``(2) the Financial Literacy and Education Commission
established under section 513 of the Financial Literacy and
Education Improvement Act (20 U.S.C. 9702).
``(e) Funding.--The Secretary of the Treasury shall transfer to the
Secretary of Health and Human Services from the Federal Old-Age and
Survivors Insurance Trust Fund and Federal Disability Insurance Trust
Fund established under section 201 such funds as are necessary for
making grants under this section.''. | Amends part A (General Provisions) of title XI of the Social Security Act to direct the Secretary of Health and Human Services to make grants to enable eligible entities to provide services to improve financial literacy among older individuals, including family members and legal representatives of such individuals.
Authorizes the Secretary to make such a grant to a national support center to: (1) coordinate services provided through the grant program; and (2) support grant recipients. | {"src": "billsum_train", "title": "A bill to amend title XI of the Social Security Act to provide grants for eligible entities to provide services to improve financial literacy among older individuals."} | 1,490 | 92 | 0.574364 | 1.390451 | 0.630648 | 3.597701 | 16.16092 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shark Conservation Act of 2000''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The life history characteristics of most sharks,
including slow growth, late sexual maturity, and the production
of few young, make them particularly vulnerable to overfishing
and necessitate careful management of shark fisheries.
(2) Many shark species that range widely would be
appropriate for domestic and international management
approaches that govern other highly migratory species.
(3) Most sharks are captured incidentally in fisheries
directed at other species for which fishing could continue to
remain economically viable after less abundant or less
economically-valuable shark species are overfished.
(4) The lack of adequate data and information on the status
and range of highly migratory shark populations, shark
harvesting practices, the extent of incidental catch or bycatch
of sharks, and the trade in shark products (including shark
fins) undermines effective international and national
management of shark populations.
(5) Shark-finning is the practice of removing the fins of a
shark and dumping its carcass back into the ocean. Shark fins
comprise approximately 5 percent of the weight of a shark, and
disposing of the carcass of a finned shark does not utilize, or
wastes, about 95 percent (by weight) of each shark.
(6) The global shark fin trade involves at least 125
countries, including the United States, and the demand for
shark fins and other shark products has driven dramatic
increases in shark fishing and shark mortality around the
world.
(7) The Magnuson-Stevens Fishery Conservation and
Management Act states that it is the policy of the Congress to
avoid unnecessary waste of fish and requires United States
fishery conservation and management measures to minimize
bycatch and, to the extent it is unavoidable, minimize the
mortality of such bycatch.
(8) The Agreement for the Implementation of the Provisions
of the United Nations Convention on the Law of the Sea of 10
December, 1982, Relating to the Conservation and Management of
Straddling Stocks and Highly Migratory Species requires states
to, inter alia, adopt measures to ensure long-term
sustainability of highly migratory fish stocks based on the
best scientific information available, to apply the
precautionary approach, and to minimize waste, discards, and
catch of non-target species.
(9) The Food and Agriculture Organization Code of Conduct
for Responsible Fisheries provides that countries should adopt
management measures that minimize waste, discards, and catch of
non-target species.
(10) The Food and Agriculture Organization's International
Plan of Action for the Conservation and Management of Sharks--
(A) urges States to develop shark conservation
plans that--
(i) minimize waste and discards from shark
catches (for example, requiring retention of
sharks from which fins are removed); and
(ii) ensure that shark catches from
directed and non-directed fisheries are
sustainable; and
(B) calls for submission of such plans by the year
2001.
(11) At present, while some sharks potentially may be
managed internationally under arrangements for highly migratory
species, they are not now subject to specific conservation and
management measures by international or regional organization
or arrangements.
(12) The conservation program for sharks for the United
States exclusive economic zone varies among management regions,
particularly with respect to the practice of shark finning, and
should include quotas and a ban on shark-finning.
(13) The establishment of a prohibition on the practice of
shark-finning by United States flag vessels and in waters
subject to the jurisdiction of the United States would not
reduce shark-finning being carried out by other international
fishing fleets or United States transshipment or landing of
fins taken by these fleets, or imports of processed fins.
Foreign fleets transship or land approximately 180 metric tons
of shark fins annually (about 7 percent of shark fins harvested
in the Pacific) through United States vessels or ports in the
Pacific, alone.
(14) Shark-finning and trade in fins harvested in this
manner must be addressed comprehensively at both the national
and international levels. Shark finning must be prohibited in
the United States, and, as a global leader in fisheries
conservation and shark management, the United States should
lead efforts at the United Nations and through regional
agreements, such as the International Convention for the
Conservation of Atlantic Tunas and the Multilateral High Level
Conference on the Conservation and Management of Highly
Migratory Species and new shark-specific regional management
bodies or agreements, to achieve coordinated international
management of sharks, including an international ban on shark-
finning on the high seas and in the exclusive economic zones of
all nations.
SEC. 3. PROHIBITION ON SHARK-FINNING AND THE LANDING OF SHARK FINS
TAKEN BY SHARK-FINNING.
(a) In General.--Section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by inserting ``(a) In General.--'' before ``It is
unlawful--'';
(2) by striking ``or'' after the semicolon in subparagraph
(N);
(3) by striking the period in subparagraph (O) and
inserting a semicolon and ``or''; and
(4) by adding at the end the following:
``(P) to engage in shark-finning, or to land the
fins of a shark that were taken by shark-finning. There
is a rebuttable presumption that shark fins landed from
a fishing vessel or found on board a fishing vessel
were taken by shark-finning.''.
(b) Definition Added to Act.--Section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802) is amended--
(1) by redesignating paragraphs (35) through (45), and any
reference to any such paragraph elsewhere in that Act, as
paragraphs (36) through (46); and
(2) by inserting after paragraph (34) the following:
``(35) The term `shark-finning' means the taking of a
shark, removing the fin or fins (whether or not including the
tail) of a shark, and returning the remainder of the shark to
the sea.''.
SEC. 4. REGULATIONS.
No later than 90 days after the date of enactment of this Act, the
Secretary of Commerce shall promulgate regulations implementing the
prohibition set forth in section 307(1)(P) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) that--
(1) establish shark fin landing requirements that consider
species identification needs, shark processing methods, and the
nature and availability of markets for shark products in the
region in which the shark fins are landed;
(2) contain procedures governing release of sharks caught
but not retained by a fishing vessel that will ensure maximum
probability of survival of sharks after release;
(3) contain documentation and other requirements necessary
to assure the timely and adequate collection of data to support
shark stock assessments, conservation, and enforcement efforts;
and
(4) set forth the facts and circumstances under which a
person may rebut the presumption established in section
307(1)(P) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(b), including the use of
documentation provided through applicable fisheries observer
programs and dockside inspection.
SEC. 5. INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Secretary of State,
shall--
(1) notify other nations whose vessels engage in fishing on
sharks, as soon as possible, about the import certification
procedures and regulations under section 6 of this Act, as well
as the international cooperation and assistance provisions of
section 10;
(2) initiate discussions as soon as possible for purpose of
developing bilateral or multilateral agreements with other
nations for the prohibition on finning of sharks;
(3) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in shark-finning or in commercial fishing
operations that the Secretary of Commerce determines may affect
adversely such species of sharks, for the purpose of entering
into bilateral and multilateral treaties with such countries to
protect such species;
(4) seek agreements calling for an international ban on
shark-finning and other fishing practices adversely affecting
these species through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate regional fishery management bodies; and
(5) initiate the amendment of any existing international
treaty for the protection and conservation of species of sharks
to which the United States is a party in order to make such
treaty consistent with the purposes and policies of this
section.
SEC. 6. REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the Secretary of
State, shall provide to Congress, by not later than 1 year after the
date of enactment of this Act, and every year thereafter, a full report
which--
(1) includes a list of nations whose vessels
conduct shark-finning or commercial fishing operations
which adversely affect shark species;
(2) describes the efforts taken by nations to carry
out this title, listed under subsection (1), and
evaluates the progress of those efforts;
(3) includes a determination as to whether the
importation into the United States of sharks or shark
products (including fins) is adversely affecting the
effectiveness of national and international measures
for the conservation of sharks;
(4) sets forth a plan of action for ensuring the
conclusion and entry into force of international
measures for the conservation of sharks; and
(5) includes recommendations for measures to ensure
that United States actions are consistent with
national, international, and regional obligations
relating to highly migratory shark populations,
including those listed under the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna.
SEC. 7. IMPORT CERTIFICATION.
(a) In General.--The Secretary of Commerce shall establish a
procedure, consistent with the provisions of subchapter II of chapter 5
of title 5, United States Code, and including notice and an opportunity
for comment by the governments of nations listed by the Secretary under
paragraph (1) of section 6, for determining whether governments--
(1) have adopted regulatory programs governing shark-
finning and other harvesting practices adversely affecting
sharks that are comparable, taking into account different
conditions, to those of the United States;
(2) have established management plans governing release of
species of sharks caught but not retained by fishing vessels
that ensure maximum probability of survival after release; and
(3) have established a management plan containing
requirements that will assist in gathering species-specific
data to support international and regional shark stock
assessments and conservation enforcement efforts.
(b) Certification Procedure.--
(1) In general.--The Secretary shall determine, on the
basis of the procedure under subsection (a), and certify to the
Congress not later than 90 days after promulgation of the
regulations under section 4, and annually thereafter whether
the government of each harvesting nation--
(A) has provided documentary evidence of the
adoption of a regulatory program governing shark-
finning and the conservation of sharks that is
comparable, taking into account different conditions,
to that of the United States;
(B) has established a management plan governing
release of species of sharks caught but not retained by
a fishing vessel that will ensure maximum probability
of survival of after release; and
(C) has established a management plan containing
requirements that will assist in gathering species-
specific data to support international and regional
shark stock assessments and conservation enforcement
efforts.
(2) Alternative Procedure.--The Secretary shall establish a
procedure for certification, on a shipment-by-shipment,
shipper-by-shipper, or other basis of imports of sharks or
products (including fins) from a vessel of a harvesting nation
not certified under paragraph (1) if the Secretary determines
that such imports were harvested by practices that--
(A) do not adversely affect sharks;
(B) include release of species of sharks caught but
not retained by such vessel in a manner that ensures
maximum probability of survival after release;
(C) include the gathering of species-specific data
that can be used to support international and regional
shark stock assessments and conservation efforts; or
(D) are consistent with harvesting practices
comparable, taking into account the circumstances, to
those of the United States.
(c) Uncertified Imports.--It is unlawful to import sharks or
products (including fins) more than 90 days after promulgation of the
regulations under section 4 if such sharks or products were harvested
by a vessel of a harvesting nation not certified under subsection
(b)(1) unless that vessel is certified under subsection (b)(2).
(d) Reinstatement of Uncertified Country Status.--If the Secretary
fails to make the annual certification required by subsection (b)(1)
with respect to a country previously certified under that subsection,
and except as provided in subsection (b)(2), then subsection (c) shall
apply to imports of sharks or products (including fins) harvested by
vessels of that nation beginning 90 days after the date in any year on
which the Secretary fails to make the scheduled annual certification
required by subsection (b).
SEC. 8. SHARK-FINNING DEFINED.
For the purposes of this Act, the term ``shark-finning'' means the
taking of a shark, removing the fin or fins (whether or not including
the tail), and returning the remainder of the shark to the sea.
SEC. 9. RESEARCH.
The Secretary of Commerce shall establish a research program for
Pacific and Atlantic sharks to engage in the following data collection
and research:
(1) The collection of data to support stock assessments of
highly-migratory shark populations subject to incidental or
directed harvesting by commercial vessels, giving priority to
species according to vulnerability of the species to fishing
gear and fishing mortality, and its population status.
(2) Research to identify fishing gear and practices that
prevent or minimize incidental catch of sharks in commercial
and recreational fishing.
(3) Research on fishing methods that will ensure maximum
likelihood of survival of captured sharks after release.
(4) Research on methods for releasing sharks from fishing
gear that minimize risk of injury to fishing vessel operators
and crews.
(5) Research on methods to maximize the utilization of, and
funding to develop the market for, sharks not taken in
violation of a fishing management plan approved under section
303 or of section 307(1)(P) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P));
and
(6) Research on the international shark fin trade.
SEC. 10. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
The National Marine Fisheries Service, in consultation with the
Western Pacific Fisheries Management Council, shall initiate a
cooperative research program with the commercial longlining industry to
carry out activities consistent with this Act, including research
described in section 8 of this Act. The service may initiate such shark
cooperative research programs upon the request of any other fishery
management council.
SEC. 11. INTERNATIONAL COOPERATION AND ASSISTANCE.
To the greatest extent possible consistent with existing authority
and the availability of funds, the Secretary of Commerce shall--
(1) provide appropriate technological and other assistance
to nations listed under paragraph (6) of section 5 and regional
or international organizations of which those nations are
members to assist those nations in qualifying for certification
under section 6(b)(1);
(2) undertake, where appropriate, cooperative research
activities on species statistics and improved harvesting
techniques, with those nations or organizations;
(3) encourage and facilitate the transfer of appropriate
technology to those nations or organizations to assist those
nations in qualifying for certification under section 6(b)(1);
and
(4) provide assistance to those nations or organizations in
designing and implementing appropriate shark harvesting plans.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are necessary
to carry out this Act.
D23/ | Sets forth provisions concerning; (1) the promulgation of regulations; (2) international negotiations; (3) reporting requirements; (4) import certification procedures; (5) research; (6) a cooperative research program with the commercial longline industry; and (7) international cooperation and assistance.
Authorizes appropriations. | {"src": "billsum_train", "title": "Shark Conservation Act of 2000"} | 3,520 | 63 | 0.356106 | 1.039564 | 0.35649 | 2.793651 | 52.968254 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Havens for Children Act of
1997''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect children from the trauma of witnessing or
experiencing violence, sexual abuse, neglect, abduction, rape,
or death during parent-child visitation and visitation
exchanges;
(2) to protect victims of domestic violence from
experiencing further violence during child visitation and
visitation exchanges; and
(3) to provide safe havens for parents and children during
visitation and visitation exchanges, to promote continuity and
stability.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Family violence does not necessarily cease when family
victims are legally separated by divorce or otherwise not
sharing a household.
(2) According to a 1996 report by the American
Psychological Association, custody and visitation disputes are
more frequent when there is a history of domestic violence.
(3) Family violence often escalates following separation
and divorce, and child custody and visitation arrangements
become the new forum for the continuation of abuse.
(4) According to a 1996 report by the American
Psychological Association, fathers who batter mothers are twice
as likely to seek sole custody of their children. In these
circumstances, if the abusive father loses custody he is more
likely to continue the threats to the mother through other
legal actions.
(5) Some perpetrators of violence use the children as pawns
to control the abused party and to commit more violence during
separation or divorce. In one study, 34 percent of women in
shelters and callers to hotlines reported threats of
kidnapping, 11 percent reported that the batterer had kidnapped
the child for some period, and 21 percent reported that threats
of kidnapping forced the victim to return to the batterer.
(6) Approximately 90 percent of children in homes in which
their mothers are abused witness the abuse. Children who
witness domestic violence may themselves become victims and
exhibit more aggressive, antisocial, fearful, and inhibited
behaviors. Such children display more anxiety, aggression and
temperamental problems.
(7) Women and children are at an elevated risk of violence
during the process of separation or divorce.
(8) Fifty to 70 percent of men who abuse their spouses or
partners also abuse their children.
(9) Up to 75 percent of all domestic assaults reported to
law enforcement agencies were inflicted after the separation of
the couple.
(10) In one study of spousal homicide, over \1/2\ of the
male defendants were separated from their victims.
(11) Seventy-three percent of battered women seeking
emergency medical services do so after separation.
(12) The National Council of Juvenile and Family Court
Judges includes the option of visitation centers in their Model
Code on Domestic and Family Violence.
SEC. 4. GRANTS TO STATES TO PROVIDE FOR SUPERVISED VISITATION CENTERS
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') is authorized to award
grants to States to enable States to enter into contracts and
cooperative agreements with public or private nonprofit entities to
assist such entities in establishing and operating supervised
visitation centers for the purposes of facilitating supervised
visitation and visitation exchange.
(b) Considerations.--In awarding such grants, contracts, and
cooperative agreements under subsection (a), the Secretary shall take
into account--
(1) the number of families to be served by the proposed
visitation center to be established under the grant, contract,
or agreement;
(2) the extent to which the proposed supervised visitation
centers serve underserved populations; and
(3) the extent to which the applicant demonstrates
cooperation and collaboration with advocates in the local
community served, including the State domestic violence
coalition, State sexual assault coalition, local shelters, and
programs for domestic violence and sexual assault victims.
(c) Use of Funds.--
(1) In general.--Amounts provided under a grant, contract,
or cooperative agreement awarded under this section shall be
used to establish supervised visitation centers and for the
purposes described in section 2. Individuals shall be permitted
to use the services provided by the center on a sliding fee
basis.
(2) Applicant requirements.--The Secretary shall award
grants, contracts, and cooperative agreements under this Act in
accordance with such regulations as the Secretary may
promulgate. The Secretary shall give priority in awarding
grants, contracts, and cooperative agreements under this Act to
States that consider domestic violence in making a custody
decision. An applicant awarded such a grant, contract, or
cooperative agreement shall--
(A) demonstrate recognized expertise in the area of
family violence and a record of high quality service to
victims of domestic violence and sexual assault;
(B) demonstrate collaboration with and support of
the State domestic violence coalition, sexual assault
coalition and local domestic violence and sexual
assault shelter or program in the locality in which the
supervised visitation center will be operated; and
(C) provide long-term supervised visitation and
visitation exchange services to promote continuity and
stability.
(d) Reporting and Evaluation.--
(1) Reporting.--Not later than 60 days after the end of
each fiscal year, the Secretary shall submit to Congress a
report that includes information concerning--
(A) the number of individuals served and the number
of individuals turned away from services categorized by
State and the type of presenting problems that underlie
the need for supervised visitation or visitation
exchange, such as domestic violence, child abuse,
sexual assault, emotional or other physical abuse, or a
combination of such factors;
(B) the numbers of supervised visitations or
visitation exchanges ordered during custody
determinations under a separation or divorce decree or
protection order, through child protection services, or
through other social services agencies;
(C) the process by which children or abused
partners are protected during visitations, temporary
custody transfers and other activities for which the
supervised visitation centers are created;
(D) safety and security problems occurring during
the reporting period during supervised visitations or
at visitation centers including the number of parental
abduction cases;
(E) the number of parental abduction cases in a
judicial district using supervised visitation services,
both as identified in criminal prosecution and custody
violations; and
(F) any other appropriate information designated in
regulations promulgated by the Secretary.
(2) Evaluation.--In addition to submitting the reports
required under paragraph (1), an entity receiving a grant,
contract or cooperative agreement under this Act shall have a
collateral agreement with the court, the child protection
social services division of the State, and local domestic
violence agencies or State and local domestic violence
coalitions to evaluate the supervised visitation center
operated under the grant, contract or agreement. The entities
conducting such evaluations shall submit a narrative evaluation
of the center to both the center and the grantee.
(e) Funding.--
(1) In general.--There shall be made available from amounts
contained in the Violent Crime Reduction Trust Fund established
under title XXXI of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211 et seq.), $65,000,000
for each of the fiscal years 1998 through 2000 for the purpose
of awarding grants, contracts, and cooperative agreements under
this Act.
(2) Distribution.--Of the amounts made available to carry
out this Act for each fiscal year, not less than 90 percent of
such amount shall be used to award grants, contracts, or
cooperative agreements.
(3) Disbursement.--Amounts made available under this Act
shall be disbursed as categorical grants through the 10
regional offices of the Department of Health and Human
Services. | Safe Havens for Children Act of 1997 - Authorizes the Secretary of Health and Human Services to award grants to enable States to enter into contracts and cooperative agreements to assist public or private nonprofit entities in establishing and operating supervised visitation centers to facilitate child visitation and visitation exchange.
Sets forth provisions regarding considerations in awarding grants, authorized uses of funds, and reporting and evaluation.
Makes specified sums available from amounts contained in the Violent Crime Reduction Trust Fund, subject to certain requirements. | {"src": "billsum_train", "title": "Safe Havens for Children Act of 1997"} | 1,649 | 108 | 0.422148 | 1.208032 | 0.548911 | 3.478261 | 17.163043 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Golf Course Preservation and
Modernization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Langston Golf Course, Rock Creek Golf Course, and East
Potomac Golf Course are owned by the United States and are
under the administrative jurisdiction of the National Park
Service, and each golf course has a long history of service to
the general public as an integral part of the nation's capital,
including services to local and regional residents, visitors,
and tourists.
(2) East Potomac Golf Course was opened in 1920 with three
courses to accommodate all levels of play, including an 18-hole
tournament level course and two 9-hole practice courses, and
was initially segregated, with African-Americans only permitted
to play on Mondays.
(3) Rock Creek Golf Course opened in 1923 as a 9-hole
course, and in 1925 the course was completed as an 18-hole
tournament level course. This course was located in Rock Creek
Park, a major recreation and picnic facility for residents.
(4) Langston Golf Course opened in 1939 as a segregated
golf facility for African-Americans, is listed in the National
Register of Historic Places, and has been the home course of
both the Royal Golf Club and the Wake Robin Golf Club, the
nation's first clubs for African-American men and women,
respectively. The golf course was named for John Mercer
Langston, the first African-American Congressman from Virginia,
elected in 1888.
(5) Unlike other National Park Service facilities, golf
courses require unique capital investments to keep them
maintained and operational.
(6) The National Park Service has continuously struggled to
manage and maintain each of these three courses.
(7) Concession restrictions do not generate sufficient
revenue for the National Park Service or concessionaires to
provide affordable recreation while properly maintaining and
making the capital investments required for golf courses today.
(8) Each of the three courses contains valuable historic
components that must be maintained.
(9) Concessions restrictions will continue to cause
deterioration, disrepair, and limited public use, reducing the
quality of play and jeopardizing the historic preservation of
the courses.
(10) These courses together constitute an undervalued and
underused asset that can be maintained and modernized as
affordable facilities for use by the general public if an
appropriate lease arrangement is used that encourages private
investment in keeping with the existing Federal procedures.
(11) The National Park Service recently issued a request
for bids for continued concession operation of the Langston and
Rock Creek Golf Courses under one concession contract for seven
years; however, the capital improvement necessary to maintain
and modernize the courses and to prevent their deterioration is
not possible using a traditional concession contract.
(12) A long-term lease for the three courses together,
designed outside of the constraints of concession law, will
encourage private investment in these courses, improve and
modernize the courses, ensure affordable play, and preserve the
historic nature of them.
SEC. 3. MANAGEMENT OF GOLF COURSES.
(a) Definitions.--For the purposes of this section, the following
apply:
(1) Rock creek.--The term ``Rock Creek'' means the
federally owned golf course and related facilities located at
16th and Rittenhouse NW, Washington, DC 20011, within the
boundaries of 16th Street, NW to the East; Military Road, NW to
the South; Beach Drive NW to the West; and Sherrill Drive, NW
to the North.
(2) Langston.--The term ``Langston'' means the federally
owned golf course and related facilities located at 26th and
Benning Road NE, Washington, DC 20002, within the boundaries of
Anacostia River to the East; Hickory Hill Road to the
Northeast; Valley Road NE to the Northeast; Azalea Road NE to
the North; Ellipse Road NE to the West; M Street NE to the
North; Marlyand Avenue NE to the Northwest; 22nd Street NE to
the West; 26th Street to the West; and Benning Road NE to the
South.
(3) East potomac.--The term ``East Potomac'' means the
federally owned golf course and related facilities located at
972 Ohio Drive SW, Washington DC 20024, within the boundaries
of Ohio Drive to the East, South, and West; and Buckeye Drive
SW to the North.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(b) Continued Leases.--The Secretary shall ensure, to the extent
practicable, that month-to-month concessions contracts are continued
for the operation and maintenance of Rock Creek and Langston until the
lease in force on the date of the enactment of this Act for East
Potomac expires, at which time the lease referred to in subsection (c)
shall commence.
(c) Lease.--The lease referred to in subsection (d) is a lease for
the continued operation and maintenance of Rock Creek, Langston, and
East Potomac as golf courses. A lease entered into under this section
shall include the 3 golf courses in one lease agreement and require
that the golf courses be operated and maintained in a manner that--
(1) retains the historic nature of the courses;
(2) at least 2 of the 3 courses require fees related to use
of the golf courses to be affordable in light of the current
fee system used today at the courses;
(3) may allow fees collected at one golf course to
subsidize the maintenance and operation of one or more of the
other golf courses; and
(4) allows for a long-term ground lease on the 3 courses.
(d) Requests for Proposals.--The Secretary shall solicit proposals,
through a competitive process, to procure the lease described in
subsection (b) and may, after such solicitation, enter into agreements
to procure the lease. The Secretary shall solicit the request for
proposals under this subsection in such a manner--
(1) to provide that the lease described in subsection (c)
shall be entered into not later than 180 days after the
effective date of this Act or not later than 30 days after the
expiration of the concession contract for East Potomac; and
(2) which ensures, to the greatest extent practicable, the
participation of disadvantaged business enterprises among the
equity partners of the sponsors of the proposals.
(e) Applicability of Certain Laws.--The National Park Service
Concessions Management Improvement Act of 1998 (16 U.S.C. 5951 et seq.)
shall not apply to requests for proposals submitted and leases and
agreements entered into under this Act. | Golf Course Preservation and Modernization Act - Requires the Secretary of the Interior, acting through the Director of the National Park Service (NPS), to ensure that month-to-month concessions contracts are continued for the operation and maintenance of the Rock Creek, Langston, and East Potomac golf courses until the lease in force for East Potomac expires, at which time the lease entered into pursuant to this Act for the continued operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses commences.
Requires that such lease include the three golf courses in one lease agreement, and that they be operated and maintained in a manner that: (1) retains their historic nature; (2) at least two of the courses require fees related to use of the courses to be affordable; (3) may allow fees collected at one course to subsidize the maintenance and operation of at least one of the other courses; and (4) allows for a long-term ground lease on all three courses.
Instructs the Secretary to solicit proposals, through a competitive process, to procure such lease. Authorizes the Secretary, after such solicitation, to enter into agreements to procure the lease. Specifies that the request for proposals be solicited in such a manner: (1) to provide that the lease be entered into not later than 180 days after this Act's effective date or not later than 30 days after expiration of the concession contract for East Potomac; and (2) which ensures the participation of disadvantaged business enterprises among the equity partners of the sponsors of the proposals. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to enter into a long-term ground lease for the operation and maintenance of Rock Creek, Langston, and East Potomac as golf courses, and for other purposes."} | 1,442 | 336 | 0.635834 | 2.364439 | 0.850675 | 5.611842 | 4.503289 | 0.967105 |
SECTION 1. TREATMENT OF CERTAIN VETERANS' REEMPLOYMENT RIGHTS.
(a) In General.--Section 414 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(u) Special Rules Relating to Veterans' Reemployment Rights Under
USERRA.--
``(1) Treatment of certain contributions made pursuant to
veterans' reemployment rights.--If any contribution is made by
an employer or an employee under an individual account plan
with respect to an employee, or by an employee to a defined
benefit plan that provides for employee contributions, and such
contribution is required by reason of such employee's rights
under chapter 43 of title 38, United States Code, resulting
from qualified military service, then--
``(A) such contribution shall not be subject to any
otherwise applicable limitation contained in section
402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or
457, and shall not be taken into account in applying
such limitations to other contributions or benefits
under such plan or any other plan, with respect to the
year in which the contribution is made,
``(B) such contribution shall be subject to the
limitations referred to in subparagraph (A) with
respect to the year to which the contribution relates
(in accordance with rules prescribed by the Secretary),
and
``(C) such plan shall not be treated as failing to
meet the requirements of section 401(a)(4), 401(a)(26),
401(k)(3), 401(k)(11), 401(m), 403(b)(12), 408(k)(3),
408(k)(6), 410(b), or 416 by reason of the making of
(or the right to make) such contribution.
For purposes of the preceding sentence, any elective deferral
or employee contribution made under paragraph (2) shall be
treated as required by reason of the employee's rights under
such chapter 43.
``(2) Reemployment rights under userra with respect to
elective deferrals.--
``(A) In general.--For purposes of this subchapter
and section 457, if an employee is entitled to the
benefits of chapter 43 of title 38, United States Code,
with respect to any plan which provides for elective
deferrals, the employer sponsoring the plan shall be
treated as meeting the requirements of such chapter 43
with respect to such elective deferrals only if such
employer--
``(i) permits such employee to make
additional elective deferrals under such plan
(in the amount determined under subparagraph
(B) or such lesser amount as is elected by the
employee) during the period which begins on the date of the
reemployment of such employee with such employer and has the same
length as the lesser of--
``(I) the product of 3 and the
period of qualified military service
which resulted in such rights, and
``(II) 5 years, and
``(ii) makes a matching contribution with
respect to any additional elective deferral
made pursuant to clause (i) which would have
been required had such deferral actually been
made during the period of such qualified
military service.
``(B) Amount of makeup required.--The amount
determined under this subparagraph with respect to any
plan is the maximum amount of the elective deferrals
that the individual would have been permitted to make
under the plan in accordance with the limitations
referred to in paragraph (1)(A) during the period of
qualified military service if the individual had
continued to be employed by the employer during such
period and received compensation as determined under
paragraph (7). Proper adjustment shall be made to the
amount determined under the preceding sentence for any
elective deferrals actually made during the period of
such qualified military service.
``(C) Elective deferral.--For purposes of this
paragraph, the term `elective deferral' has the meaning
given such term by section 402(g)(3); except that such
term shall include any deferral of compensation under
an eligible deferred compensation plan (as defined in
section 457(b)).
``(D) After-tax employee contributions.--References
in subparagraphs (A) and (B) to elective deferrals
shall be treated as including references to employee
contributions.
``(3) Certain retroactive adjustments not required.--For
purposes of this subchapter and subchapter E, no provision of
chapter 43 of title 38, United States Code, shall be construed
as requiring--
``(A) any crediting of earnings to an employee with
respect to any contribution before such contribution is
actually made, or
``(B) any allocation of any forfeiture with respect
to the period of qualified military service.
``(4) Loan repayment suspensions permitted.--If any plan
suspends the obligation to repay any loan made to an employee
from such plan for any part of any period during which such
employee is performing service in the uniformed services (as
defined in chapter 43 of title 38, United States Code), whether
or not qualified military service, such suspension shall not be
taken into account for purposes of section 72(p), 401(a), or
4975(d)(1).
``(5) Qualified military service.--For purposes of this
subsection, the term `qualified military service' means any
service in the uniformed services (as defined in chapter 43 of
title 38, United States Code) by any individual if such
individual is entitled to reemployment rights under such
chapter with respect to such service.
``(6) Individual account plan.--For purposes of this
subsection, the term `individual account plan' means any
defined contribution plan (including any tax-sheltered annuity
plan under section 403(b), any simplified employee pension
under section 408(k), and any eligible deferred compensation
plan (as defined in section 457(b)).
``(7) Compensation.--For purposes of sections 403(b)(3),
415(c)(3), and 457(e)(5), an employee who is in qualified
military service shall be treated as receiving compensation
from the employer during such period of qualified military
service equal to--
``(A) the compensation the employee would have
received during such period if the employee were not in
qualified military service, determined based on the
rate of pay the employee would have received from the
employer but for absence during the period of qualified
military service, or
``(B) if the compensation the employee would have
received during such period was not reasonably certain,
the employee's average compensation from the employer
during the 12-month period immediately preceding the
qualified military service (or, if shorter, the period
of employment immediately preceding the qualified
military service).
``(8) USERRA requirements for qualified retirement plans.--
For purposes of this subchapter and section 457, an employer
sponsoring a retirement plan shall be treated as meeting the
requirements of chapter 43 of title 38, United States Code,
only if each of the following requirements is met:
``(A) An individual reemployed under such chapter
is treated with respect to such plan as not having
incurred a break in service with the employer
maintaining the plan by reason of such individual's
period of qualified military service.
``(B) Each period of qualified military service
served by an individual is, upon reemployment under
such chapter, deemed with respect to such plan to
constitute service with the employer maintaining the
plan for the purpose of determining the
nonforfeitability of the individual's accrued benefits
under such plan and for the purpose of determining the
accrual of benefits under such plan.
``(C) An individual reemployed under such chapter
is entitled to accrued benefits that are contingent on
the making of, or derived from, employee contributions
or elective deferrals only to the extent the individual
makes payment to the plan with respect to such
contributions or deferrals. No such payment may exceed
the amount the individual would have been permitted or
required to contribute had the individual remained
continuously employed by the employer throughout the
period of qualified military service. Any payment to
such plan shall be made during the period beginning
with the date of reemployment and whose duration is 3
times the period of the qualified military service (but
not greater than 5 years).
``(9) Plans not subject to title 38.--This subsection shall
not apply to any retirement plan to which chapter 43 of title
38, United States Code, does not apply.
``(10) References.--For purposes of this section, any
reference to chapter 43 of title 38, United States Code, shall
be treated as a reference to such chapter as in effect on
December 12, 1994 (without regard to any subsequent
amendment).''
(b) Effective Date.--The amendment made by this section shall be
effective as of December 12, 1994. | Amends the Internal Revenue Code to set forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service, including exempting such veterans from certain employer-sponsored pension contribution limits. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide special rules relating to veteran's reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994."} | 1,948 | 49 | 0.475417 | 1.172176 | 0.859209 | 2.214286 | 42.52381 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Compulsory License
Extension Act of 1994''.
SEC. 2. STATUTORY LICENSE FOR SATELLITE CARRIERS.
Section 119 of title 17, United States Code, is amended--
(1) in subsection (a)(2)(C)--
(A) by striking out ``90 days after the effective
date of the Satellite Home Viewer Act of 1988, or'';
(B) by striking out ``whichever is later,'';
(C) by inserting ``name and'' after ``identifying
(by'' each place it appears; and
(D) by striking out ``, on or after the effective
date of the Satellite Home Viewer Act of 1988,'';
(2) in subsection (a)(5)--
(A) in subparagraph (C) by striking out ``the
Satellite Home Viewer Act of 1988'' and inserting in
lieu thereof ``this section''; and
(B) by adding at the end thereof the following new
subparagraphs:
``(D) Burden of proof.--In any action brought under
this subsection, the satellite carrier shall have the
burden of proof (in the case of a primary transmission
by a network station) that a subscriber is an unserved
household.
``(E) Signal intensity measurement; loser pays.--
``(i) Grade b contour.--(I) Within the
Grade B Contour, upon a challenge by a network
affiliate regarding whether a subscriber is an
unserved household, the satellite carrier
shall--
``(aa) deauthorize service to that
household; or
``(bb) conduct a measurement of the
signal intensity of the subscriber's
household to determine whether the
household is unserved.
``(II) If the carrier conducts a signal
intensity measurement under subclause (I) and
the measurement indicates that--
``(aa) the household is not an
unserved household, the carrier shall
immediately deauthorize the service to
that household; or
``(bb) the household is an unserved
household, the affiliate challenging
the service shall reimburse the carrier
for the costs of the signal
measurement, within 45 days after
receipt of the measurement results and
a statement of the costs.
``(III)(aa) Notwithstanding subclause (II),
a carrier may not be required to test in excess
of 5 percent of the subscribers that have
subscribed to service before the effective date
of the Satellite Compulsory License Extension
Act of 1994, within any market during a
calendar year.
``(bb) If a network affiliate challenges
whether a subscriber is an unserved household
in excess of the 5 percent of the subscribers
within any market, the affiliate may conduct
its own signal intensity measurement. If such
measurement indicates that the household is not
an unserved household, the carrier shall
immediately deauthorize service to that
household and reimburse the affiliate, within
45 days after receipt of the measurement and a
statement of costs.
``(ii) Outside the grade b contour.--(I)
Outside the Grade B Contour, if a network
affiliate challenges whether a subscriber is an
unserved household the affiliate shall conduct
a signal intensity measurement of the
subscriber's household to determine whether the
household is unserved.
``(II) If the affiliate conducts a signal
intensity measurement under subclause (I) and
the measurement indicates that--
``(aa) the household is not an
unserved household, the affiliate shall
forward the results to the carrier who
shall immediately deauthorize service
to the household, and reimburse the
affiliate within 45 days after receipt
of the results and a statement of the
costs; or
``(bb) the household is an unserved
household, the affiliate shall pay the
costs of the measurement.
``(iii) Recovery of measurement costs in a
civil action.--In any civil action filed
relating to the eligibility of subscribing
households, a challenging affiliate shall
reimburse a carrier for any signal intensity
measurement that indicates the household is an
unserved household.'';
(3) in subsection (b)(1)(B)--
(A) in clause (i) by striking out ``12 cents'' and
inserting in lieu thereof ``17.5 cents per subscriber
in the case of superstations not subject to syndicated
exclusivity under the regulations of the Federal
Communications Commission, and 14 cents per subscriber
in the case of superstations subject to such syndicated
exclusivity''; and
(B) in clause (ii) by striking out ``3'' and
inserting in lieu thereof ``6'';
(4) in subsection (c)--
(A) in the heading for paragraph (1) by striking
out ``Determination'' and inserting in lieu thereof
``Adjustment'';
(B) in paragraph (1)--
(i) by striking out ``December 31, 1992,
unless''; and
(ii) by striking out ``After that date,''
and inserting in lieu thereof ``All adjustments
of'';
(C) in paragraph (2)--
(i) in subparagraph (A) by striking out
``July 1, 1991,'' and inserting in lieu thereof
``January 1, 1996,''; and
(ii) in subparagraph (D) by striking out
``until December 31, 1994'' and inserting in
lieu thereof ``in accordance with the terms of
the agreement''; and
(D) in paragraph (3)(A) by striking out ``December
31, 1991,'' and inserting in lieu thereof ``July 1,
1996,''; and
(5) in subsection (d)--
(A) by amending paragraph (2) to read as follows:
``(2) Network station.--The term `network station' means--
``(A) a television broadcast station, including any
translator station or terrestrial satellite station
that rebroadcasts all or substantially all of the
programming broadcast by a network station, that is
owned or operated by, or affiliated with, one or more
of the television networks in the United States which
offer an interconnected program service on a regular
basis for 15 or more hours per week to at least 25 of
its affiliated television licensees in 10 or more
States; or
``(B) any noncommercial educational station, as
defined in section 111(f) of this title, that is a
member of the public broadcasting service.''; and
(B) in paragraph (6) by inserting ``and operates in
the Fixed Satellite Service under part 25 of title 47
of the Code of Federal Regulations or the Direct
Broadcast Satellite Service under part 100 of title 47
of the Code of Federal Regulations,'' after
``Commission,''.
SEC. 3. CABLE COMPULSORY LICENSE.
Section 111(f) of title 17, United States Code, is amended--
(1) in the paragraph relating to the definition of ``cable
system'' by striking out ``wires, cables'' and inserting in
lieu thereof ``wires, microwave, cables''; and
(2) in the paragraph relating to the definition of ``local
service area of a primary transmitter''--
(A) by striking out ``comprises the area'' and
inserting in lieu thereof ``comprises either the
area''; and
(B) by inserting after ``April 15, 1976,'' the
following: ``or such station's television market as
defined in section 76.55(e) of title 47, Code of
Federal Regulations (as in effect on September 18,
1993), or any subsequent modifications to such
television market made pursuant to section 76.55(e) or
76.59 of title 47 of the Code of Federal
Regulations,''.
SEC. 4. TERMINATION.
(a) Expiration of Amendments.--Section 119 of title 17, United
States Code, as amended by section 2 of this Act, ceases to be
effective on December 31, 1999.
(b) Technical and Conforming Amendment.--Section 207 of the
Satellite Home Viewer Act of 1988 (17 U.S.C. 119 note) is repealed.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided under subsection (b), the
provisions of this Act and amendments made by this Act shall take
effect on the date of the enactment of this Act.
(b) Burden of Proof Provisions.--The provisions of section
119(a)(5)(D) of title 17, United States Code, (as added by section
2(2)(B) of this Act) relating to the burden of proof of satellite
carriers, shall take effect on January 1, 1997, with respect to civil
actions relating to the eligibility of subscribers who subscribed to
service as an unserved household before the date of the enactment of
this Act.
Passed the Senate May 18 (legislative day, May 16), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Satellite Home Viewer Act of 1994 - Amends copyright law with respect to satellite carrier compulsory licenses to require the subscriber information list submitted by a satellite carrier that makes secondary transmissions of a primary transmission by a network station to include the names of the subscribers.
(Sec. 2) Provides that in any action relating to the violation of territorial restrictions on statutory license for network stations the satellite carrier shall have the burden of proving that its secondary transmission is for private home viewing to an unserved household.
Revises: (1) the formula used by the satellite carrier to compute the royalty fee to be deposited semiannually with the Register of Copyrights to increase the fees for secondary transmissions subject to statutory licensing; and (2) dates and procedures regarding the adjustment of such royalty fee. Requires a copyright royalty arbitration panel, in determining such fees, to establish a rate for the secondary transmission of network stations and superstations that reflects the fair market value of such transmissions. Directs the panel to base its decision upon economic, competitive, and programming information presented by the parties and to take into account the competitive environment in which such programming is distributed.
Provides that, upon a challenge by a network station regarding whether a subscriber is an unserved household, a satellite carrier shall terminate service to the household and notify the network station of such termination or conduct a measurement of the signal intensity of the subscribers's household to determine whether the household is unserved and, if so, terminate service. Requires the challenging station to reimburse a carrier for any signal intensity measurement that indicates the household is an unserved household.
Revises the definition of a "network station" for purposes of cable and satellite carrier compulsory license provisions to be: (1) a television broadcast station owned or operated by, or affiliated with, one or more of the U.S. television networks which offer an interconnected program service on a regular basis for 15 or more hours per week to at least 25 of its affiliated television licensees in ten or more States; or (2) any noncommercial educational station. Revises the definition of: (1) "satellite carrier" to specify that such a carrier operates in the Fixed Satellite Service or the Direct Broadcast Satellite Service; (2) "cable system" to include a facility that makes secondary transmissions of broadcast signals by microwave cables; and (3) "local service area of a primary transmitter" (in the case of a television broadcast station) to comprise either the area of which such station is entitled to insist upon its signal being retransmitted by a cable system pursuant to the rules, regulations, and authorizations of the Federal Communications Commission in effect on April 15, 1976, such station's television market (as in effect on September 18, 1993), or any subsequent modifications to such television market.
(Sec. 4) Terminates the provisions of section 2 of this Act on December 31, 1999. | {"src": "billsum_train", "title": "Satellite Home Viewer Act of 1994"} | 2,042 | 632 | 0.619518 | 1.930508 | 0.696487 | 2.909894 | 3.240283 | 0.800353 |
SECTION 1. SCRAP TIRE TRUST FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the ``Scrap Tire
Trust Fund'' (hereinafter in this section referred to as the
``Trust Fund'').
(2) Accounts in trust fund.--The Trust Fund shall consist
of--
(A) a Scrap Tire Reduction Account; and
(B) a Scrap Tire Recycling Account.
Each such Account shall consist of such amounts as may be
appropriated to it as provided in this section.
(b) Scrap Tire Reduction Account.--
(1) Appropriation to account.--There are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Scrap Tire Reduction Account amounts
equivalent to the following amounts:
(A) 87 percent of amounts received during 1993
through 1997 from the fees imposed by subsection (d).
(B) 77 percent of amounts received during 1998
through 2001 from such fees.
(C) 67 percent of amounts received during 2002
through 2004 from such fees.
(2) Expenditures from account.--Amounts in the Scrap Tire
Reduction Account shall be available, as provided by
appropriation Acts--
(A) for making expenditures to provide financial
assistance to States for purposes of conducting surveys
of current scrap tire piles, developing State tire
management plans, and carrying out the portion of such
State tire plans relating to reduction and elimination
of existing scrap tire piles, including recycling,
recovering, and reusing scrap tires; and
(B) for payment of expenses for administration of
such financial assistance (but not in excess of 5
percent of the Account may be used for such purpose).
(c) Scrap Tire Recycling Account.--
(1) Appropriation to account.--There are hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Scrap Tire Recycling Account amounts
equivalent to the following amounts:
(A) 13 percent of amounts received during 1993
through 1997 from the fees imposed by subsection (d).
(B) 23 percent of amounts received during 1998
through 2001 from such fees.
(C) 33 percent of amounts received during 2002
through 2004 from such fees.
(2) Expenditures from account.--Amounts in the Scrap Tire
Recycling Account shall be available, as provided by
appropriation Acts--
(A) for making expenditures to provide financial
assistance to States to carry out the portion of State
tire management plans relating to the current and
future disposal of scrap tires, including recycling,
recovering, and reusing new scrap tires; and
(B) for payment of expenses for administration of
such financial assistance (but not in excess of 5
percent of the Account may be used for such purpose).
(d) Imposition and Rate of Fee.--
(1) In general.--The Administrator shall impose and collect
a fee of $.85 on each new tire sold by the manufacturer or
importer, regardless of intended use, during the period
beginning on January 1, 1993, and ending on December 31, 2004.
The fee shall be due and payable by the manufacturer or
importer sixty days after sale of the tire. The Administrator
shall deposit amounts received from such fees into the General
Fund of the Treasury.
(2) Tires on imported articles.--For purposes of paragraph
(1), if an article imported in the United States is equipped
with tires--
(A) the importer of the article shall be treated as
the importer of the tires with which such article is
equipped; and
(B) the sale of the article by the importer thereof
shall be treated as the sale of the tires with which
such article is equipped.
This paragraph shall not apply with respect to the sale of an
automobile bus chassis or an automobile bus body.
(e) Transfers to Trust Fund.--The amounts appropriated by
subsections (b)(1) and (c)(1) shall be transferred at least monthly
from the General Fund of the Treasury to the Trust Fund on the basis of
estimates made by the Secretary of the Treasury of the amounts referred
to in such subsections. Adjustments shall be made in the amount
subsequently transferred to the extent prior estimates were in excess
of or less than the amounts required to be transferred.
(f) Investment.--(1) The Secretary of the Treasury shall invest
such portion of the Trust Fund as is not, in his judgment, required to
meet current withdrawals. Such investments may be made only in
interest-bearing obligations of the United States and may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(2) Any obligation acquired by the Trust Fund may be sold by the
Secretary at the market price.
(3) The interest on, and the proceeds from the sale or redemption
of, any obligations held in the Trust Fund shall be credited to and
form a part of the Trust Fund. | Establishes the Scrap Tire Trust Fund in the Treasury. Provides that the Fund shall consist of a Scrap Tire Reduction Account and a Scrap Tire Recycling Account. Appropriates amounts equivalent to fees collected under this Act to the Accounts. Makes amounts in the Accounts available for: (1) financial assistance to States for conducting surveys of scrap tire piles, developing State tire management plans, reducing and eliminating scrap tire piles, and carrying out tire disposal under such plans and (2) administration of such assistance.
Imposes fees on new tires sold by manufacturers or importers from January 1, 1993, through December 31, 2004. | {"src": "billsum_train", "title": "To establish a scrap tire trust fund to provide financial assistance to States to eliminate current scrap tire piles and to manage the future disposal of scrap tires."} | 1,049 | 130 | 0.711622 | 2.078609 | 0.703451 | 2.459016 | 8.344262 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Unemployment Insurance
Amendments Act of 1996''.
SEC. 2. WAITING PERIOD FOR UNEMPLOYMENT BENEFITS.
Subparagraph (A) of section 2(a)(1) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(1)(A)) is amended to read as follows:
``(A) Payment of Unemployment Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified employee
for each day of unemployment in excess of 4 during any registration
period within a period of continuing unemployment.
``(ii) Waiting period for first registration period.-- Benefits
shall be payable to any qualified employee for each day of
unemployment in excess of 7 during that employee's first
registration period in a period of continuing unemployment if such
period of continuing unemployment is the employee's initial period
of continuing unemployment commencing in the benefit year.
``(iii) Strikes.--
``(I) Initial 14-day waiting period.--If the Board finds
that a qualified employee has a period of continuing
unemployment that includes days of unemployment due to a
stoppage of work because of a strike in the establishment,
premises, or enterprise at which such employee was last
employed, no benefits shall be payable for such employee's
first 14 days of unemployment due to such stoppage of work.
``(II) Subsequent days of unemployment.--For subsequent
days of unemployment due to the same stoppage of work, benefits
shall be payable as provided in clause (i) of this
subparagraph.
``(III) Subsequent periods of continuing unemployment.--If
such period of continuing unemployment ends by reason of clause
(v) but the stoppage of work continues, the waiting period
established in clause (ii) shall apply to the employee's first
registration period in a new period of continuing unemployment
based upon the same stoppage of work.
``(iv) Definition of period of continuing unemployment.--Except
as limited by clause (v), for the purposes of this subparagraph,
the term `period of continuing unemployment' means--
``(I) a single registration period that includes more than
4 days of unemployment;
``(II) a series of consecutive registration periods, each
of which includes more than 4 days of unemployment; or
``(III) a series of successive registration periods, each
of which includes more than 4 days of unemployment, if each
succeeding registration period begins within 15 days after the
last day of the immediately preceding registration period.
``(v) Special rule regarding end of period.--For purposes of
applying clause (ii), a period of continuing unemployment ends when
an employee exhausts rights to unemployment benefits under
subsection (c) of this section.
``(vi) Limit on amount of benefits.--No benefits shall be
payable to an otherwise eligible employee for any day of
unemployment in a registration period where the total amount of the
remuneration (as defined in section 1(j)) payable or accruing to
him for days within such registration period exceeds the amount of
the base year monthly compensation base. For purposes of the
preceding sentence, an employee's remuneration shall be deemed to
include the gross amount of any remuneration that would have become
payable to that employee but did not become payable because that
employee was not ready or willing to perform suitable work
available to that employee on any day within such registration
period.''.
SEC. 3. WAITING PERIOD FOR SICKNESS BENEFITS.
Subparagraph (B) of section 2(a)(1) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(1)(B)) is amended to read as follows:
``(B) Payment of Sickness Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified employee
for each day of sickness after the 4th consecutive day of sickness
in a period of continuing sickness but excluding 4 days of sickness
in any registration period in such period of continuing sickness.
``(ii) Waiting period for first registration period.--Benefits
shall be payable to any qualified employee for each day of sickness
in excess of 7 during that employee's first registration period in
a period of continuing sickness if such period of continuing
sickness is the employee's initial period of continuing sickness
commencing in the benefit year. For the purposes of this clause,
the first registration period in a period of continuing sickness is
that registration period that first begins with 4 consecutive days
of sickness and includes more than 4 days of sickness.
``(iii) Definition of period of continuing sickness.--For the
purposes of this subparagraph, a period of continuing sickness
means--
``(I) a period of consecutive days of sickness, whether
from 1 or more causes; or
``(II) a period of successive days of sickness due to a
single cause without interruption of more than 90 consecutive
days which are not days of sickness.
``(iv) Special rule regarding end of period.--For purposes of
applying clause (ii), a period of continuing sickness ends when an
employee exhausts rights to sickness benefits under subsection (c)
of this section.''.
SEC. 4. MAXIMUM DAILY BENEFIT RATE.
Paragraph (3) of section 2(a) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(a)(3)) is amended to read as follows:
``(3) The maximum daily benefit rate computed by the Board under
section 12(r)(2) shall be the product of the monthly compensation base,
as computed under section 1(i)(2) for the base year immediately
preceding the beginning of the benefit year, multiplied by 5 percent.
If the maximum daily benefit rate so computed is not a multiple of $1,
it shall be rounded down to the nearest multiple of $1.''.
SEC. 5. MAXIMUM NUMBER OF DAYS FOR BENEFITS.
(a) In General.--Subsection (c) of section 2 of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)) is amended to read as
follows:
``(c) Maximum Number of Days for Benefits.--
``(1) Normal benefits.--
``(A) Generally.--The maximum number of days of
unemployment within a benefit year for which benefits may be
paid to an employee shall be 130, and the maximum number of
days of sickness within a benefit year for which benefits may
be paid to an employee shall be 130.
``(B) Limitation.--The total amount of benefits that may be
paid to an employee for days of unemployment within a benefit
year shall in no case exceed the employee's compensation in the
base year; and the total amount of benefits that may be paid to
an employee for days of sickness within a benefit year shall in
no case exceed the employee's compensation in the base year,
except that notwithstanding section 1(i), in determining the
employee's compensation in the base year for the purpose of
this sentence, any money remuneration paid to the employee for
services rendered as an employee shall be taken into account
that is not in excess of an amount that bears the same ratio to
$775 as the monthly compensation base for that year as computed
under section 1(i) bears to $600.
``(2) Extended benefits.--
``(A) Generally.--With respect to an employee who has 10 or
more years of service as defined in section 1(f) of the
Railroad Retirement Act of 1974, who did not voluntarily retire
and (in a case involving exhaustion of rights to normal
benefits for days of unemployment) did not voluntarily leave
work without good cause, and who had current rights to normal
benefits for days of unemployment or days of sickness in a
benefit year but has exhausted such rights, the benefit year in
which such rights are exhausted shall be deemed not to be ended
until the last day of the extended benefit period determined
under this paragraph, and extended unemployment benefits or
extended sickness benefits (depending on the type of normal
benefit rights exhausted) may be paid for not more than 65 days
of unemployment or 65 days of sickness within such extended
benefit period.
``(B) Beginning date.--An employee's extended benefit
period shall begin on the employee's first day of unemployment
or first day of sickness, as the case may be, following the day
on which the employee exhausts the employee's then current
rights to normal benefits for days of unemployment or days of
sickness and shall continue for 7 consecutive 14-day periods,
each of which shall constitute a registration period, but no
such extended benefit period shall extend beyond the beginning
of the first registration period in a benefit year in which the
employee is again qualified for benefits in accordance with
section 3 on the basis of compensation earned after the first
of such consecutive 14-day periods has begun.
``(C) Termination when employee reaches age of 65.--
Notwithstanding any other provision of this paragraph, an
extended benefit period for sickness benefits shall terminate
on the day next preceding the date on which the employee
attains age 65, except that it may continue for the purpose of
paying benefits for days of unemployment.
``(3) Accelerated benefits.--
``(A) General rule.--With respect to an employee who has 10
or more years of service as defined in section 1(f) of the
Railroad Retirement Act of 1974, who did not voluntarily
retire, and (in a case involving unemployment benefits) did not
voluntarily leave work without good cause, who has 14 or more
consecutive days of unemployment, or 14 or more consecutive
days of sickness, and who is not a qualified employee with
respect to the general benefit year current when such
unemployment or sickness commences but is or becomes a
qualified employee for the next succeeding general benefit
year, such succeeding general benefit year shall, in that
employee's case, begin on the first day of the month in which
such unemployment or sickness commences.
``(B) Exception.--In the case of a succeeding benefit year
beginning in accordance with subparagraph (A) by reason of
sickness, such sentence shall not operate to permit the payment
of benefits in the period provided for in such sentence for any
day of sickness beginning with the date on which the employee
attains age 65, and continuing through the day preceding the
first day of the next succeeding general benefit year.
``(C) Determination of age.--For the purposes of this
subsection, the Board may rely on evidence of age available in
its records and files at the time determinations of age are
made.''.
(b) Repeal of Deadwood Provision.--Section 2(h) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(h)) is repealed.
(c) Repeal of Expired Provision.--Section 17 of the Railroad
Unemployment Insurance Act (45 U.S.C. 368), relating to payment of
supplemental unemployment benefits, is repealed.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Railroad Unemployment Insurance Amendments Act of 1996 - Amends the Railroad Unemployment Insurance Act to revise and reduce the waiting period for unemployment benefits. Repeals the prohibition against payment of benefits for days of unemployment during the first thirteen-day period of unemployment registration within a benefit year in which the employee has more than four days of unemployment. Permits payment of such benefits to an employee after seven days of unemployment during such first registration period during a time of continued unemployment, if such period is the employee's initial period of continuing unemployment in that benefit year. Prohibits payment of benefits during a registration period in excess of an employee's monthly compensation base for the applicable base year.
Applies the seven-day waiting period allowance and requirements, where a period of continuing employment is due to a strike-related work stoppage, to an employee's first registration period following exhaustion of benefit rights in a new period of continuing employment based upon the same work stoppage. (Currently, such waiting period would be 14 days.) Defines period of continuing unemployment.
Makes similar revisions to, and reductions in, the waiting period for sickness benefits. Repeals the prohibition against payment of benefits for days of sickness during the first thirteen-day registration period within a benefit year in which the employee has both four consecutive days of sickness and more than four days of sickness. Permits payment of such benefits to an employee for each day in excess of seven during such first registration period in a period of continuing sickness if that registration period begins with four consecutive days of sickness and includes more than four days of sickness. Waives such waiting period for the first registration period in any subsequent period of continuing sickness beginning in the same benefit year. Defines period of continuing sickness.
Repeals the current formula for calculating the maximum daily benefit rate to make such rate five percent of the monthly compensation base.
Repeals the eligibility for extended unemployment benefits of employees with less than ten years of service. Reduces from to 65 days the maximum number of extended unemployment or sickness benefit days for employees with 15 or more years of service (thus limiting to 65 the maximum number of such extended benefit days for all employees with ten or more years of service).
Repeals the entitlement to supplemental unemployment benefits of certain employees with less than ten years of service. | {"src": "billsum_train", "title": "Railroad Unemployment Insurance Amendments Act of 1996"} | 2,539 | 498 | 0.658422 | 1.914501 | 0.805222 | 2.603982 | 5.013274 | 0.84292 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Refugee Resettlement Reform
and Modernization Act of 2013''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States has enhanced and accelerated its
efforts to resettle Iraqi refugees since 2007.
(2) Resettlement in the United States remains an important
option for refugees around the world that lack any other
durable solution.
(3) Many of these refugees are victims of torture and
persecution, or were forced to flee because of support they
gave to American military, government, or media operations.
(4) Refugees are often a product of human rights atrocities
and war, making them likely to have suffered traumatic events
which require the United States to offer them protection and
meet their needs once they arrive here.
(5) In fiscal year 2012, a total of 58,238 refugees were
resettled in the United States, including 12,163 from Iraq.
(6) Upon arrival in the United States, refugees are
entitled to cash and medical assistance for up to 36 months and
access to social services, such as job placement, from the
Office of Refugee Resettlement, but refugees actually receive
only 8 months of cash and medical assistance.
(7) When given adequate support through the resettlement
system, refugees can successfully become self-sufficient and
contribute positively to their communities.
(8) Additional resources and better data could strengthen
refugee services and better respond to the need of highly
vulnerable refugees.
(9) Funding formulas used by the Office of Refugee
Resettlement are retroactive in nature, using refugee admission
data from up to 3 prior years, so that large increases in
refugee admissions are not adequately reflected in the amount
of resources provided by the Office.
(10) United States resettlement policy assumes refugees
will be able to quickly become self-sufficient, while
specifically offering resettlement to individuals who have
specific vulnerabilities that inhibit their ability to achieve
self-sufficiency and integrate into society.
(11) Some refugees will have mental health difficulties
associated with trauma or torture and this is a significant
barrier to self-sufficiency and integration into a community
when it is not addressed with adequate and appropriate
services.
(12) Secondary migration is not properly tracked, and
resources are not available for States and agencies
experiencing high levels of secondary migration.
(13) Refugee services are provided by national resettlement
agencies, community based organizations, charities, and
nonprofit organizations and coordinated locally by State
refugee programs, and all the organizations should be supported
in their mission to provide refugee services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Health and Human Services for
Refugee and Asylee Resettlement.
(2) Community based organization.--The term ``community
based organization'' means a nonprofit organization providing a
variety of social, health, educational and community services
to a population that includes refugees resettled into the
United States.
(3) National resettlement agency.--The term ``national
resettlement agency'' means voluntary agencies contracting with
the Department of State to provide sponsorship and initial
resettlement services to refugees entering the United States.
SEC. 4. ASSESSMENT OF THE REFUGEE DOMESTIC RESETTLEMENT PROGRAM.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding the effectiveness of the domestic
refugee resettlement programs operated by the Office of Refugee
Resettlement.
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze--
(1) how the Office of Refugee Resettlement defines self-
sufficiency and if this definition is adequate in addressing
refugee needs in the United States;
(2) the effectiveness of Office of Refugee Resettlement
programs in helping refugees to meet self-sufficiency and
integration;
(3) the Office of Refugee Resettlement's budgetary
resources and project the amount of additional resources needed
to fully address the unmet needs of refugees with regard to
self-sufficiency and integration;
(4) the role of community based organizations in serving
refugees in areas experiencing a high number of new refugee
arrivals;
(5) how community based organizations can be better
utilized and supported in the Federal domestic resettlement
process; and
(6) recommended statutory changes to improve the Office of
Refugee Resettlement and the domestic refugee program in
relation to the matters analyzed under paragraphs (1) through
(5).
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit the results of the
study required under subsection (a) to Congress.
SEC. 5. ELEVATION OF THE OFFICE OF REFUGEE RESETTLEMENT.
(a) In General.--Section 411(a) of the Immigration and Nationality
Act (8 U.S.C. 1521(a)) is amended to read as follows:
``(a) There is established, within the Department of Health and
Human Services, the Office of Refugee Resettlement (referred to in this
chapter as the `Office'). The head of the Office shall be the Assistant
Secretary of Health and Human Services for Refugee and Asylee
Resettlement (referred to in this chapter as the `Assistant
Secretary'), who shall be appointed by the President and shall report
directly to the Secretary.''.
(b) Conforming Amendments.--
(1) Immigration and nationality act.--Chapter 2 of title IV
of the Immigration and Nationality Act (8 U.S.C. 1521 et seq.)
is amended--
(A) in section 411(b), by striking ``Director'' and
inserting ``Assistant Secretary'';
(B) in section 412, by striking ``Director'' each
place such term appears and inserting ``Assistant
Secretary''; and
(C) in section 413, by striking ``Director'' each
place such term appears and inserting ``Assistant
Secretary''.
(2) Homeland security act of 2002.--Section 462 of the
Homeland Security Act of 2002 (6 U.S.C. 279) is amended by
striking ``Director of the Office of Refugee Resettlement''
each place such term appears and inserting ``Assistant
Secretary of Health and Human Services for Refugee and Asylee
Resettlement''.
(c) References.--Any reference to the Director of the Office of
Refugee Resettlement in any other Federal law, Executive order, rule,
regulation, operating instruction, or delegation of authority, or any
document of or pertaining to the Department of Health and Human
Services or the Office of Refugee Resettlement that refers to the
Director of the Office of Refugee Resettlement, shall be deemed to
refer to the Assistant Secretary of Health and Human Services for
Refugee and Asylee Resettlement.
SEC. 6. REFUGEE ASSISTANCE.
(a) Assistance Made Available to Secondary Migrants.--Section
412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1))
is amended by adding at the end the following:
``(C) When providing assistance under this section, the Assistant
Secretary shall ensure that such assistance is provided to refugees who
are secondary migrants and meet all other eligibility requirements for
such services.''.
(b) Report on Secondary Migration.--Section 412(a)(3) of such Act
(8 U.S.C. 1522(a)(3)) is amended--
(1) by striking ``periodic'' and inserting ``annual''; and
(2) by adding at the end the following: ``At the end of
each fiscal year, the Assistant Secretary shall submit a report
to Congress that includes States experiencing departures and
arrivals due to secondary migration, likely reasons for
migration, the impact of secondary migration on States hosting
secondary migrants, availability of social services for
secondary migrants in those States, and unmet needs of those
secondary migrants.''.
(c) Amendments to the Social Services Funding.--Section
412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended--
(1) by inserting ``a combination of'' after ``based on'';
and
(2) by striking the period at the end and inserting the
following: ``, the total number of all other eligible
populations served by the Office during the period described
who are residing in the State as of the beginning of the fiscal
year, and projections on the number and nature of incoming
refugees and other populations served by the Office during the
subsequent fiscal year.''.
(d) Notice and Rulemaking.--Not later than 90 days after the date
of the enactment of this Act and not later than 30 days before the
effective date set forth in subsection (e), the Assistant Secretary
shall issue a proposed rule for a new formula by which grants and
contracts are to be allocated pursuant to the amendments made by
subsection (c) and solicit public comment.
(e) Effective Date.--The amendments made by this section shall
become effective on the first day of the first fiscal year that begins
after the date of the enactment of this Act.
SEC. 7. RESETTLEMENT DATA.
(a) In General.--The Assistant Secretary shall expand the Office of
Refugee Resettlement's data analysis, collection, and sharing
activities in accordance with the requirements under subsections (b)
through (e).
(b) Data on Mental and Physical Medical Cases.--The Assistant
Secretary shall coordinate with the Centers for Disease Control,
national resettlement agencies, community based organizations, and
State refugee health programs to track national and State trends on
refugees arriving with Class A medical conditions and other urgent
medical needs. The Assistant Secretary shall utilize initial refugee
health screening data, including history of severe trauma, torture,
mental health symptoms, depression, anxiety and posttraumatic stress
disorder, recorded during domestic and international health screenings,
and Refugee Medical Assistance utilization rate data in collecting
information under this subsection.
(c) Data on Housing Needs.--The Assistant Secretary shall partner
with State refugee programs, community based organizations, and
national resettlement agencies to collect data relating to the housing
needs of refugees, including--
(1) the number of refugees who have become homeless; and
(2) the number of refugees who are at severe risk of
becoming homeless.
(d) Data on Refugee Employment and Self-Sufficiency.--The Assistant
Secretary shall gather longitudinal information relating to refugee
self-sufficiency, integration, and employment status during the 2-year
period beginning 1 year after the refugees' arrival in the United
States.
(e) Availability of Data.--The Assistant Secretary shall--
(1) annually update the data collected under this section;
and
(2) submit an annual report to Congress that contains the
updated data.
SEC. 8. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS.
(a) Consultation.--The Secretary of State shall provide guidance to
national resettlement agencies and State Refugee Coordinators on
consultation with local stakeholders pertaining to refugee
resettlement.
(b) Best Practices.--The Secretary of Health and Human Services, in
collaboration with the Secretary of State, shall collect from voluntary
agencies and State refugee coordinators and disseminate best practices
related to the implementation of the guidance on stakeholder
consultation on refugee resettlement.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act. | Domestic Refugee Resettlement Reform and Modernization Act of 2013 - Directs the Comptroller General (GAO) to conduct a study regarding the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Amends the Immigration and Nationality Act to establish as head of the Office an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. (Currently, the head of such Office is a Director.) Directs the Assistant Secretary to: (1) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (2) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Directs the Secretary of State and the Secretary of Health and Human Services (HHS) to provide refugee resettlement guidance to appropriate national, state, and local entities. | {"src": "billsum_train", "title": "Domestic Refugee Resettlement Reform and Modernization Act of 2013"} | 2,638 | 201 | 0.500929 | 1.466362 | 0.643717 | 3.634146 | 14.128049 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Tracts Conveyance Act''.
SEC. 2. SPECIAL CONVEYANCE AUTHORITY REGARDING SMALL PARCELS OF
NATIONAL FOREST SYSTEM LAND AND PUBLIC LANDS.
(a) Definitions.--In this section:
(1) Adjacent landholder.--The term ``adjacent landholder''
means any holder of non-Federal land (including a holder that
is a State, county, or local government or any agency thereof,
or an Indian tribe) that shares one or more boundaries with an
eligible Federal lands parcel and who makes a request to
purchase an eligible Federal lands parcel.
(2) Director concerned.--The term ``Director concerned''
means the Director of the Bureau of Land Management for a
State.
(3) Eligible federal lands parcel.--The term ``eligible
Federal lands parcel'' means a parcel of National Forest System
land or the public lands that--
(A) shares one or more boundaries with non-Federal
land;
(B) is located within the boundaries of an
incorporated or unincorporated area with a population
of at least 500 residents;
(C) is not subject to existing rights held by a
non-Federal entity;
(D) does not contain an exceptional resource; and
(E) is not habitat for an endangered species or a
threatened species determined under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533).
(4) Exceptional resource.--The term ``exceptional
resource'' means a resource of scientific, historic, cultural,
or recreational value on a parcel of public lands that the
Director concerned or Regional Forester concerned determines,
on the record and after an opportunity for a hearing--
(A) is documented by a Federal, State, or local
governmental authority; and
(B) requires extraordinary conservation and
protection to maintain the resource for the benefit of
the public.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(6) National forest system land.--
(A) In general.--The term ``National Forest System
land'' means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)), including the National Grasslands and land
utilization projects designated as National Grasslands
administered pursuant to the Act of July 22, 1937 (7
U.S.C. 1010-1012).
(B) Exclusions.--The term does not include any land
managed by the Forest Service that is included in a
national monument, an area of critical environmental
concern, a national conservation area, a national
riparian conservation area, a national recreation area,
a national scenic area, a research natural area, a
national outstanding natural area, a national natural
landmark, a wilderness area, a wilderness study area,
the national wild and scenic rivers system, the
national system of trails, or land held in trust by the
United States for the benefit of any Indian tribe.
(7) Public lands.--
(A) In general.--The term ``public lands'' has the
meaning given that term in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702(e)).
(B) Exclusions.--The term does not include any land
managed by the Bureau of Land Management that is
included in a national monument, an area of critical
environmental concern, a national conservation area, a
national riparian conservation area, a national
recreation area, a national scenic area, a research
natural area, a national outstanding natural area, a
national natural landmark, a wilderness area, a
wilderness study area, the national wild and scenic
rivers system, the national system of trails, or land
held in trust by the United States for the benefit of
any Indian tribe.
(8) Regional forester concerned.--The term ``Regional
Forester concerned'' means the Regional Forester with
jurisdiction over the National Forest System land of a specific
Forest Service Region.
(b) Selection of Parcels for Conveyance.--
(1) Two selection methods.--The Director concerned or the
Regional Forester concerned shall select an eligible Federal
lands parcel for conveyance under this section--
(A) in response to a request submitted by an
adjacent landholder; or
(B) upon the recommendation of the District Office
of the Bureau of Land Management or unit of the
National Forest System exercising administration over
the parcel.
(2) Adjacent landholder request.--
(A) Process required.--The Secretary of Agriculture
and the Secretary of the Interior each shall create a
process by which an adjacent landholder may request to
purchase an eligible Federal lands parcel.
(B) Guidelines.--To the maximum extent practicable,
the process shall be consistent with other public
purchase request processes used by the Forest Service
and the Bureau of Land Management to convey Federal
land under their respective statutory and regulatory
authority.
(C) Public accessibility.--The process shall be
open to the public and available on the Internet.
(D) Deadline.--The process shall be available to
the public within 90 days of the date of the enactment
of this Act.
(3) Review of adjacent landholder request.--When an
adjacent landholder submits a request under paragraph (1)(A)
for conveyance of a parcel of National Forest System land or
public lands, the Director concerned or the Regional Forester
concerned shall review the parcel and determine, within 30 days
after receipt of the request, whether the parcel satisfies the
definition of eligible Federal lands parcel for conveyance.
(4) Rejection of adjacent landholder request.--If the
Director concerned or the Regional Forester concerned
determines under paragraph (2) that all or a portion of the
parcel of National Forest System land or public lands covered
by an adjacent landholder request under paragraph (1)(A) fails
to satisfy the definition of eligible Federal lands parcel, the
Director concerned or the Regional Forester concerned shall
give the landowner--
(A) a written explanation of the reasons for the
rejection, which specifies--
(i) which of the elements of the definition
of eligible Federal lands parcel the parcel
fails to satisfy and how and why the parcel
fails to satisfy that element;
(ii) how the continued administration of
the parcel by the Bureau of Land Management or
the Forest Service would impact the parcel and
surrounding economy; and
(iii) why the Federal Government needs to
maintain ownership of the parcel and would be
the best land ownership steward of the parcel;
and
(B) an opportunity to appeal the rejection under
subsection (e).
(c) Parcel and Acreage Limitations.--
(1) Acreage.--An eligible Federal lands parcel conveyed
under this section may not exceed 160 acres unless a request
for additional acreage is approved by the Director concerned or
the Regional Forester concerned.
(2) Number of parcels.--An adjacent landholder may only
acquire one eligible Federal lands parcel under this section
per year, except that, if the parcel is less than 160 acres in
size, the adjacent landholder may acquire additional eligible
Federal lands parcels during that year so long as the total
acreage acquired does not exceed 160 acres unless a request for
additional acreage is approved by the Director concerned or the
Regional Forester concerned.
(d) Conveyance Process.--
(1) Public notice.--The Director concerned or the Regional
Forester concerned shall provide public notice of the
availability of an eligible Federal lands parcel, even in cases
in which the parcel shares a boundary with only a single parcel
of non-Federal land or with multiple parcels owned by the same
adjacent landholder. The notice shall state that the parcel
satisfies the definition of eligible Federal lands parcel for
conveyance.
(2) Single adjacent landholder.--If the eligible Federal
lands parcel shares a boundary with only a single parcel of
non-Federal land or with multiple parcels owned by the same
adjacent landholder, the Director concerned or the Regional
Forester concerned shall carry out a negotiated sale of the
eligible Federal lands parcel with the adjacent landholder.
(3) Multiple adjacent landholders.--If multiple parcels of
non-Federal land, owned by different adjacent landholders,
share a boundary with an eligible public lands parcel, the sale
of the eligible public lands parcel under this section shall be
conducted using competitive bidding procedures established
under section 203(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713(f)).
(4) Rejection of offers.--The Director concerned or the
Regional Forester concerned may reject any offer made under
this subsection that does not offer the minimum consideration
required by subsection (f). The adjacent landholder shall be
given an opportunity to appeal the rejection under subsection
(e).
(5) Compliance with local planning and zoning.--As a
condition of the conveyance of an eligible public lands parcel
under this section, the Director concerned or the Regional
Forester concerned shall require the purchaser of the parcel to
agree to comply with all local land use ordinances and any
master zoning plan applicable to the parcel or the adjacent
non-Federal land of the purchaser.
(6) Form of conveyance.--When an eligible Federal lands
parcel is to be sold under this section, the Director concerned
or the Regional Forester concerned shall convey, by quitclaim
deed, all right, title, and interest, including the mineral
estate, of the United States in and to the parcel.
(e) Appeals Process.--
(1) Availability of appeal.--If the Director concerned or
the Regional Forester concerned rejects an adjacent landholder
request under subsection (b)(1)(A) for selection of a parcel of
National Forest System land or public lands for conveyance
under this section or rejects an adjacent landholder offer for
purchase of an eligible Federal lands parcel under subsection
(d), the Director concerned or the Regional Forester concerned
shall provide an appeals process for reconsideration of the
rejection using the expedited Forest Service appeals process
formerly available under section 322(d) of Public Law 102-381
(106 Stat. 1419; 16 U.S.C. 1612 note), before its repeal by
section 8006(a) of the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 913).
(2) Administering official.--For purposes of applying the
expedited appeals process required by paragraph (1), references
to the Chief of the Forest Service or the Secretary of
Agriculture shall be deemed to mean the Director concerned or
the Regional Forester concerned.
(f) Consideration.--
(1) Fair market value.--As consideration for the sale of an
eligible Federal lands parcel under this section, the Director
concerned or the Regional Forester concerned shall require a
cash payment in an amount that is equal to not less than the
fair market value of the parcel, including the mineral estate,
being conveyed by the Director concerned or the Regional
Forester concerned.
(2) Establishment.--The fair market value of an eligible
Federal lands parcel shall be established by an appraisal
submitted by the adjacent landholder seeking to purchase the
parcel, unless the Director concerned or the Regional Forester
concerned rejects such appraisal within 45 days after
submission. In the case of the rejection of the appraisal, the
Director concerned or the Regional Forester concerned shall
cause another appraisal to be conducted, within 30 days, in
accordance with the regulations regarding appraisals issued
under section 206(f) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(f)).
(g) Treatment of Proceeds.--
(1) Establishment of fund.--The Secretary of the Treasury
shall establish in the Treasury of the United States a special
fund to provide for the collection and distribution of funds
under this subsection.
(2) Collection.--Funds collected from the conveyance of an
eligible Federal lands parcel under this section shall be
deposited into the Treasury fund created under paragraph (1).
(3) Distribution.--Funds collected under this subsection
shall be distributed annually to those States in which the
Federal Government owns more than 33 percent of the land area
of that State according to the calculation provided in
paragraph (4).
(4) Calculation of distribution.--From amounts collected
and deposited under this section--
(A) 50 percent of the amount collected from a
conveyance shall be distributed to the State in which
the conveyance took place; and
(B) the remaining 50 percent shall be distributed
equally between the remaining States identified under
paragraph (3).
(5) Limitation of use.--As a condition of receipt of funds
under this subsection, a State receiving such funds shall agree
to use the funds only for the following purposes:
(A) Purchase.--To purchase additional eligible
Federal lands parcels, that are consistent with land
use management under the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701).
(B) Compliance.--To comply with a Federal
requirement under--
(i) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(ii) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); or
(iii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(h) Payment of Costs of Conveyance.--
(1) Payment of costs required.--The Director concerned or
the Regional Forester concerned shall require the purchaser to
cover the costs to be incurred, or to reimburse the Director
concerned or the Regional Forester concerned for costs
incurred, to carry out the conveyance, including survey and
appraisal costs, costs for environmental documentation, and any
other administrative costs related to the conveyance.
(2) Refund of excess.--If amounts are collected from the
purchaser in advance of the Director concerned or the Regional
Forester concerned incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the Director
concerned or the Regional Forester concerned to carry out the
conveyance, the Director concerned or the Regional Forester
concerned shall refund the excess amount to the purchaser.
(3) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs in carrying out
the conveyance. Amounts so credited shall be merged with
amounts in such fund or account, and shall be available for the
same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(i) Time for Conveyance.--It is the intent of the Congress that the
conveyance of an eligible Federal lands parcel under this section, from
selection of the parcel for conveyance through completion of the sale,
should take no more than 18 months.
(j) Categorical Exclusion.--Because the scope of a conveyance is
limited and excluded from any exceptional resource, a conveyance of an
eligible Federal lands parcel under this section is categorically
excluded from the requirement to prepare an environmental assessment or
an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(k) Additional Authority.--The conveyance authority provided by
this section is in addition to the sale authority provided by section
203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1713) or any other provision of law. | Small Tracts Conveyance Act This bill requires the Director of the Bureau of Land Management (BLM) for a state (respecting certain public lands) or the Regional Forester with jurisdiction over the National Forest System (NFS) land of a specific Forest Service Region (respecting certain NFS lands) to select an eligible federal lands parcel for conveyance: (1) in response to a request by an adjacent landholder (any holder of non-federal land that shares one or more boundaries with such a parcel and who requests to purchase such a parcel), or (2) upon the recommendation of the BLM District Office or NFS unit that exercises administration over such parcel. The Department of Agriculture and the Department of the Interior shall each create a process by which an adjacent landholder may request to purchase an eligible parcel. A conveyed eligible parcel may not exceed 160 acres unless the BLM or the Forest Service approves a request for additional acreage. An adjacent landholder may only acquire one eligible parcel a year, subject to an exception. The BLM or the Forest Service, as consideration for the sale of an eligible parcel, shall require a cash payment that is equal to at least the fair market value of such parcel, including the mineral estate, being conveyed. The purchaser of an eligible federal lands parcel under this bill shall cover the costs to be incurred, or to reimburse the BLM or the Forest Service for the costs incurred, in carrying out the conveyance. A conveyance of an eligible federal lands parcel under this bill is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "Small Tracts Conveyance Act"} | 3,469 | 362 | 0.58764 | 1.645598 | 0.757554 | 3.974922 | 9.658307 | 0.915361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Authorization Act of 1994''.
SEC. 2. EXTENSION OF AUTHORITY.
(a) Authorization of Appropriations.--Section 6 of the
Communications Act of 1934 (47 U.S.C. 156) is amended to read as
follows:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for the administration of
this Act by the Commission $186,000,000 for fiscal year 1995, together
with such sums as may be necessary for increases resulting from
adjustments in salary, pay, retirement, other employee benefits
required by law, and other nondiscretionary costs, for fiscal year
1995. Of the sum appropriated in each fiscal year under this section, a
portion, in an amount determined under section 9(b), shall be derived
from fees authorized by section 9.''.
(b) Travel and Reimbursement Program.--Subsection (g) of section 4
of the Communications Act of 1934 (47 U.S.C. 154) is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as (2).
(c) Communications Support From Older Americans.--Section 6(a) of
the Federal Communications Commission Authorization Act of 1988 (47
U.S.C. 154 note) is amended by striking ``fiscal years 1992 and 1993''
and inserting ``fiscal year 1995''.
(d) Hawaii Monitoring Station.--Section 9(a) of the Federal
Communications Commission Authorization Act of 1988 (Public Law 100-
594; 102 Stat. 3024) is amended by striking ``1991, 1992, 1993, and
1994'' and inserting ``1995,''.
SEC. 3. APPLICATION FEES.
(a) Schedule of Application Fees for PCS.--The schedule of
application fees in section 8(g) of such Act is amended by adding, at
the end of the portion under the heading ``common carrier services'',
the following new item:
``23. Personal communications services
``a. Initial or new application.................... 230
``b. Amendment to pending application.............. 35
``c. Application for assignment or transfer of 230
control.
``d. Application for renewal of license............ 35
``e. Request for special temporary authority....... 200
``f. Notification of completion of construction.... 35
``g. Request to combine service areas.............. 50''.
(b) Vanity Call Signs.--
(1) Lifetime license fees.--
(A) Amendment.--The schedule of application fees in
section 8(g) of such Act is further amended by adding,
at the end of the portion under the heading ``private
radio services'', the following new item:
``11. Amateur vanity call signs........................... 150.00''.
(B) Treatment of receipts.--Moneys received from
fees established under the amendment made by this
subsection shall be deposited as an offsetting
collection in, and credited to, the account providing
appropriations to carry out the functions of the
Commission.
(2) Termination of annual regulatory fees.--The schedule of
regulatory fees in section 9(g) of such Act (47 U.S.C. 159(g))
is amended by striking the following item from the fees
applicable to the Private Radio Bureau:
``Amateur vanity call-signs............................... 7''.
(c) Description of Application Functions.--Section 8(b) of such Act
is amended by adding at the end the following new paragraph:
``(3) Any fees established under this section shall be assessed and
collected to recover the costs of performing application activities,
including all executive and legal costs incurred by the Commission in
the discharge of these activities.''.
SEC. 4. REGULATORY FEES.
(a) Executive and Legal Costs.--Section 9(a)(1) of the
Communications Act of 1934 (47 U.S.C. 159(a)(1)) is amended by
inserting before the period at the end the following: ``, and all
executive and legal costs incurred by the Commission in the discharge
of these functions''.
(b) Establishment and Adjustment.--Section 9(b) of such Act is
amended--
(1) in paragraph (4)(B), by striking ``90 days'' and
inserting ``45 days''; and
(2) by adding at the end the following new paragraph:
``(5) Effective date of adjustments.--The Commission may
continue to collect fees at the prior year's rate until the
effective date of any fee adjustment or amendment of that fee
under this section.''.
(c) Regulatory Fees for Satellite TV Operations.--The schedule of
regulatory fees in section 9(g) of such Act is amended, in the fees
applicable to the mass media bureau, by inserting after each of the
items pertaining to construction permits in the fees applicable to VHF
commercial and UHF commercial TV the following new item:
``Terrestrial television satellite operations............. 500''.
(d) Governmental entities use for common carrier purposes.--Section
9(h) of such Act is amended by adding at the end the following new
sentence: ``The exceptions provided by this subsection for governmental
entities shall not be applicable to any services that are provided on a
commercial basis in competition with another carrier.''.
(e) Information Required in Connection with Adjustment of
Regulatory Fees.--Title I of such Act is amended--
(1) in section 9, by striking subsection (i); and
(2) by inserting after section 9 the following new section:
``SEC. 10. ACCOUNTING SYSTEM AND ADJUSTMENT INFORMATION.
``(a) Accounting System Required.--The Commission shall develop
accounting systems for the purposes of making any adjustments
authorized by sections 8 and 9. The Commission shall annually prepare
and submit to the Congress an analysis of such systems and shall
annually afford interested persons the opportunity to submit comments
concerning the allocation of the costs of performing the functions
described in section 8(b)(3) and 9(a)(1).
``(b) Information Required in Connection with Adjustment of
Application and Regulatory Fees.--
``(1) Schedule of requested amounts.--No later than May 1
of each calendar year, the Commission shall prepare and
transmit to the Committees of Congress responsible for the
Commission's authorization and appropriations a detailed
schedule of the amounts requested by the President's budget to
be appropriated for the ensuing fiscal year for the activities
described in sections 8(b)(3) and 9(a)(1), allocated by
bureaus, divisions, and offices of the Commission.
``(2) Explanatory statement.--If the Commission anticipates
increases in the application fees or regulatory fees applicable
to any applicant, licensee, or unit subject to payment of fees,
the Commission shall submit to the Congress by May 1 of such
calendar year a statement explaining the relationship between
any such increases and either (A) increases in the amounts
requested to be appropriated for Commission activities in
connection with such applicants, licensees, or units subject to
payment of fees, or (B) additional activities to be performed
with respect to such applicants, licensees, or units.
``(3) Definition.--For purposes of this subsection, the
term `amount requested by the President's budget' shall include
any adjustments to such requests that are made by May 1 of such
calendar year. If any such adjustment is made after May 1, the
Commission shall provide such Committees with updated schedules
and statements containing the information required by this
subsection within 10 days after the date of any such
adjustment.''.
SEC. 5. INSPECTION OF SHIP RADIO STATIONS.
(a) Contracting Out Inspections.--Section 4(f)(3) of the
Communications Act of 1934 (47 U.S.C. 154(f)(3)) is amended by adding
at the end the following: ``Notwithstanding the preceding provisions of
this paragraph, the Commission may designate an entity to make the
inspections referred to in this paragraph instead of using engineers in
charge, radio engineers, or other field employees.''.
(b) Annual Inspection Required.--Section 362(b) of the
Communications Act of 1934 (47 U.S.C. 360(b)) is amended--
(1) by striking ``as may'' in the third sentence and
inserting ``as the Commission determines to'', and
(2) by striking ``thereby'' in the fourth sentence and all
that follows and inserting the following: ``thereby--
``(1) waive the annual inspection required under this
section for a period of up to 90 days for the sole purpose of
enabling a vessel to complete its voyage and proceed to a port
in the United States where an inspection can be held, or
``(2) waive the annual inspection required under this
section for a vessel that is in compliance with the radio
provisions of the Safety Convention and that is operating
solely in waters beyond the jurisdiction of the United States,
but the inspection shall be performed within 30 days after the
vessel's return to the United States.''.
(c) Conforming Amendment.--Section 385 of the Communications Act of
1934 (47 U.S.C. 385) is amended--
(1) by inserting ``or an entity designated by the
Commission'' after ``Commission'', and
(2) by striking out ``as may'' and inserting ``as the
Commission determines to''.
SEC. 6. EXPEDITED ITFS PROCESSING.
Section 5(c)(1) of the Communications Act of 1934 (47 U.S.C.
155(c)(1)) is amended by striking the last sentence and inserting the
following: ``Except for cases involving the authorization of service in
the Instructional Television Fixed Service, or as otherwise provided in
this Act, nothing in this paragraph shall authorize the Commission to
provide for the conduct, by any person or persons other than persons
referred to in paragraph (2) or (3) of section 556(b) of title 5,
United States Code, of any hearing to which such section applies.''.
SEC. 7. TARIFF REJECTION AUTHORITY.
Section 203(d) of the Communications Act of 1934 (47 U.S.C. 203(d))
is amended by inserting after the first sentence the following new
sentences: ``The Commission may, after affording interested parties an
opportunity to comment, reject a proposed tariff filing in whole or in
part, if the filing or any part thereof is patently unlawful. In
evaluating whether a proposed tariff filing is patently unlawful, the
Commission may consider additional information filed by the carrier or
any interested party and shall presume the facts alleged by the carrier
to be true.''.
SEC. 8. REFUND AUTHORITY.
Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.)
is amended by adding at the end thereof the following new section:
``SEC. 230. REFUND AUTHORITY.
``In addition to any other provision of this Act under which the
Commission may order refunds, the Commission may require by order the
refund of such portion of any charge by any carrier or carriers as
results from a violation of sections 220 (a), (b), or (d) or 221 (c) or
(d) or of any of the rules promulgated pursuant to such sections or
pursuant to sections 215, 218, or 219. Such refunds shall be ordered
only to the extent that the Commission or a court finds that such
violation resulted in unlawful charges and shall be made to such
persons or classes of persons as the Commission determines reasonably
represent the persons from whom amounts were improperly received by
reason of such violation. No refunds shall be required under this
section unless--
``(1) the Commission issues an order advising the carrier
of its potential refund liability and provides the carrier with
an opportunity to file written comments as to why refunds
should not be required; and
``(2) such order is issued not later than 5 years after the
date the charge was paid.
In the case of a continuing violation, a violation shall be considered
to occur on each date that the violation is repeated.''.
SEC. 9. LICENSING OF AVIATION, MARITIME, AND PERSONAL RADIO SERVICES BY
RULE.
Section 307(e) of the Communications Act of 1934 (47 U.S.C. 307(e))
is amended to read as follows:
``(e)(1) Notwithstanding any license requirement established in
this Act, if the Commission determines that such authorization serves
the public interest, convenience, and necessity, the Commission may by
rule authorize the operation of radio stations without individual
licenses in the following radio services: (A) the personal radio
services; (B) the aviation radio service for aircraft stations operated
on domestic flights when such aircraft are not otherwise required to
carry a radio station; and (C) the maritime radio service for ship
stations navigated on domestic voyages when such ships are not
otherwise required to carry a radio station.
``(2) Any radio station operator who is authorized by the
Commission to operate without an individual license shall comply with
all other provisions of this Act and with rules prescribed by the
Commission under this Act.
``(3) For purposes of this subsection, the terms `personal radio
services', `aircraft station', and `ship station' shall have the
meanings given them by the Commission by rule, except that the term
`personal radio services' shall not include the amateur service.''.
SEC. 10. AUCTION TECHNICAL AMENDMENTS.
Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)) is amended--
``(1) by inserting ``are authorized to remain available
until expended and'' after ``Such offsetting collections'' in
the second sentence of subparagraph (B), and
``(2) by adding at the end thereof the following:
``(C) Revenues on deposit.--The Commission is authorized,
based on the competitive bidding methodology selected, to
provide for the deposit of monies for bids in an interest-
bearing account until such time as the Commission accepts a
deposit from the high bidder. All interest earned on bid monies
received from the winning bidder shall be deposited into the
general fund of the Treasury. All interest earned on bid monies
deposited from unsuccessful bidders shall be paid to those
bidders, less any applicable fees and penalties.''.
SEC. 11. FORFEITURES FOR VIOLATIONS IMPERILING SAFETY OF LIFE.
(a) Administrative Sanctions.--Section 312(a) of the Communications
Act of 1934 (47 U.S.C. 312(a)) is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) for failure to comply with any requirement of this
Act or the Commission's rules that imperils the safety of
life.''.
(b) Forfeitures.--Section 503(b)(1) of such Act (47 U.S.C.
503(b)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the semicolon at the end of subparagraph
(D) and inserting ``; or''; and
(3) by adding after subparagraph (D) the following new
subparagraph:
``(E) failed to comply with any requirement of this Act or
the Commission's rules that imperils the safety of life;''.
SEC. 12. USE OF EXPERTS AND CONSULTANTS.
Section 4(f)(1) of the Communications Act of 1934 (47 U.S.C. 154)
is amended by adding at the end thereof the following: ``The Commission
may also procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, relating to
appointments in the Federal Service, at rates of compensation for
individuals not to exceed the daily rate equivalent to the maximum rate
payable for senior-level positions under section 5276 of title 5,
United States Code.''.
SEC. 13. STATUTE OF LIMITATIONS FOR FORFEITURE PROCEEDINGS AGAINST
COMMON CARRIERS.
Section 503(b)(6) of the Communications Act of 1934 (47 U.S.C.
503(b)(6)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by inserting ``and is not a common carrier'' after
``title III of this Act'' in subparagraph (B);
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) such person is a common carrier and the required
notice of apparent liability is issued more than 5 years after
the date the violation charged occurred; or''.
SEC. 14. UTILIZATION OF FM BAND FOR ASSISTIVE DEVICES FOR HEARING
IMPAIRED INDIVIDUALS.
Within 6 months after the date of enactment of this Act, the
Federal Communications Commission shall report to the Congress on the
existing and future use of the FM band to facilitate the use of
auditory assistive devices for individuals with hearing impairments. In
preparing such report, the Commission shall consider--
(1) the potential for utilizing FM band auditory assistive
devices to comply with the Americans with Disabilities Act;
(2) the impact on such compliance of the vulnerability of
such devices to harmful interference from radio licensees; and
(3) alternative frequency allocations that could facilitate
such compliance.
SEC. 15. TECHNICAL AMENDMENT.
Section 302(d)(1) of the Communications Act of 1934 (47 U.S.C.
309(d)(1)) is amended--
(1) in subparagraph (A), by striking ``allocated to the
domestic cellular radio telecommunications service'' and
inserting ``utilized to provide commercial mobile service (as
defined in section 332(d))''; and
(2) in subparagraph (C), by striking ``cellular'' and
inserting ``commercial mobile service''.
Passed the House of Representatives October 7, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Federal Communications Commission Authorization Act of 1994 - Amends the Communications Act of 1934 (the Act) to authorize appropriations for the Federal Communications Commission (FCC) for FY 1995. Derives a portion of the sum of such appropriations in each fiscal year in an amount determined from the establishment and adjustment of regulatory fees under the Act.
Repeals provisions of the Act regarding the travel and reimbursement program.
Amends the Federal Communications Commission Authorization Act of 1988 to authorize the FCC during FY 1995 to: (1) make grants to, or enter into cooperative agreements with, private nonprofit organizations designated under the Older Americans Act; and (2) expend funds as required to relocate the Hawaii Monitoring Station.
Revises the schedule of application fees for personal communications services and amateur vanity call signs under the Act. Sets forth provisions regarding: (1) use of such moneys; (2) recovery of executive and legal costs incurred by the FCC; (3) establishment and adjustment of fees; (4) regulatory fees for satellite television operations; and (5) governmental entities use for common carrier purposes.
Directs the FCC to: (1) develop accounting systems for the purposes of making adjustments authorized by this Act; and (2) annually prepare and submit to the Congress an analysis of such systems and afford interested persons the opportunity to submit comments concerning the allocation of costs.
Authorizes the FCC to: (1) designate an entity to make inspections of ship radio stations; and (2) narrow the circumstances under which the required annual inspection may be waived in the public interest.
Sets forth provisions regarding: (1) expedited Instructional Television Fixed Service processing; (2) tariff rejection authority; (3) refund authority; (4) licensing of aviation, maritime, and personal radio services by rule; (5) forfeitures for violations imperiling safety of life; (6) use of experts and consultants; and (7) the statute of limitations for forfeiture proceedings against common carriers.
Directs the FCC to report to the Congress on the existing and future use of the FM band to facilitate the use of auditory assistive devices for individuals with hearing impairments. | {"src": "billsum_train", "title": "Federal Communications Commission Authorization Act of 1994"} | 4,151 | 428 | 0.533844 | 1.871543 | 0.693677 | 3.741176 | 8.616471 | 0.908235 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Zero Downpayment Act of 2004''.
SEC. 2. INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES.
(a) Mortgage Insurance Authority.--Section 203 of the National
Housing Act (12 U.S.C. 1709) is amended by inserting after subsection
(k) the following:
``(l) Zero-Downpayment Mortgages.--
``(1) Insurance authority.--The Secretary may insure, and
commit to insure, under this subsection any mortgage that meets
the requirements of--
``(A) this subsection; and
``(B) except as otherwise specifically provided in
this subsection, subsection (b).
``(2) Eligible single family property.--To be eligible for
insurance under this subsection, a mortgage shall involve a
property upon which there is located a dwelling that is
designed principally for a 1- to 4-family residence, and that,
notwithstanding subsection (g), is to be occupied by the
mortgagor as his or her principal residence, which shall
include--
``(A) a 1-family dwelling unit in a multifamily
project and an undivided interest in the common areas
and facilities which serve the project;
``(B) a 1-family dwelling unit of a cooperative
housing corporation, the permanent occupancy of the
dwelling units of which is restricted to members of
such corporation and in which the purchase of stock or
membership entitles the purchaser to the permanent
occupancy of such dwelling unit; and
``(C) a manufactured home, or a manufactured home
together with a suitably developed lot on which to
place the manufactured home.
``(3) Maximum principal obligation.--
``(A) Limitation.--To be eligible for insurance
under this subsection, a mortgage shall involve a
principal obligation in an amount not in excess of 100
percent of the appraised value of the property, plus
any initial service charges, appraisal, inspection, and
other fees in connection with the mortgage as approved
by the Secretary.
``(B) Inapplicability of other loan-to-value
requirements.--A mortgage insured under this subsection
shall not be subject to subsection (b)(2)(B), or to the
undesignated matter that follows such subsection.
``(4) Eligible mortgagors.--The mortgagor under a mortgage
insured under this subsection shall meet the following
requirements:
``(A) First-time homebuyer.--The mortgagor shall be
a first-time homebuyer. The program for mortgage
insurance under this subsection shall be considered a
Federal program to assist first-time homebuyers for
purposes of section 956 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12713).
``(B) Counseling.--
``(i) Requirement.--The mortgagor shall
have received counseling, by a third party
(other than the mortgagee or any party related
directly or indirectly to the mortgagee) who is
approved by the Secretary, with respect to the
responsibilities and financial management
involved in homeownership.
``(ii) Topics.--Counseling required under
clause (i) shall include providing to, and
discussing with, the mortgagor--
``(I) information regarding
homeownership options other than a
mortgage insured under this subsection,
other zero- or low-downpayment mortgage
options that are or may become
available to the mortgagor, the
financial implications of entering into
a mortgage (including a
mortgage insured under this subsection), and any other information that
the Secretary may require; and
``(II) a document that sets forth
the amount and the percentage by which
the property subject to the mortgage
must appreciate for the mortgagor to
recover the principal amount of the
mortgage, the costs financed under the
mortgage, and the estimated costs
involved in selling the property, if
the mortgagor were to sell the property
on each of the second, fifth, and tenth
anniversaries of the mortgage.
``(iii) 2- to 4-family residences.--In the
case of a mortgage involving a 2- to 4-family
residence, counseling required under clause (i)
shall include (in addition to the information
required under clause (ii)) information
regarding the rights and obligations of
landlords and tenants.
``(5) Option for notice of foreclosure prevention
counseling availability.--
``(A) Option.--To be eligible for insurance under
this section, the mortgagee shall provide the
mortgagor, at the time of the execution of the
mortgage, an optional written agreement which, if
signed by the mortgagor, allows, but does not require,
the mortgagee to provide notice in accordance with
subparagraph (B) to a housing counseling entity,
approved by the Secertary, that has agreed to provide
the notice and counseling required under subparagraph
(C).
``(B) Notice to counseling agency.--Notice provided
under subparagraph (A) shall--
``(i) be provided at the earliest time
practicable after the mortgagor becomes 60 days
delinquent with respect to any payment due
under the mortgage;
``(ii) state that the mortgagor is
delinquent and set forth how to contact the
mortgagor; and
``(iii) be provided once with respect to
each delinquency period for a mortgage.
``(C) Notice to mortgagor.--Upon notice from a
mortgagee that a mortgagor is 60 days delinquent with
respect to payments due under the mortgage, the housing
counseling entity shall immediately notify the
mortgagor of such delinquency, that the entity makes
available foreclosure prevention counseling that may
assist the mortgagor in resolving the delinquency, and
of how to contact the entity to arrange for such
counseling.
``(D) Ability to cure.--Failure to provide the
optional written agreement required under subparagraph
(A) may be corrected by sending such agreement to the
mortgagor at the earliest time practicable after the
mortgagor first becomes 60 days delinquent with respect
to payments due under the mortgage. Insurance provided
under this subsection may not be terminated and
penalties for such failure may not be prospectively or
retroactively imposed if such failure is corrected in
accordance with this subparagraph.
``(E) Penalties for failure to provide agreement.--
The Secretary may establish appropriate penalties for
failure of a mortgagee to provide the optional written
agreement required under subparagraph (A).
``(F) Limitation on liability of mortgagee.--A
mortgagee shall not incur any liability or penalties
for any failure of a housing counseling entity to
provide notice under subparagraph (C).
``(G) No private right of action.--This section
shall not create any private right of action on behalf
of the mortgagor.
``(H) Delinquency period.--For purposes of this
paragraph, the term `delinquency period' means, with
respect to a mortgage, a period that begins upon the
mortgagor becoming delinquent with respect to payments
due under the mortgage, and ends upon the first
subsequent occurrence of such payments under the
mortgage becoming current or the property subject to
the mortgage being foreclosed or otherwise disposed of.
``(6) Inapplicability of downpayment requirement.--A
mortgage insured under this subsection shall not be subject to
subsection (b)(9) or any other requirement to pay on account of
the property, in cash or its equivalent, any amount of the cost
of acquisition.
``(7) Premiums.--In conjunction with the credit subsidy
estimation calculated each year pursuant to the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary shall
review the program performance for mortgages insured under this
subsection and make any necessary adjustments to ensure that
the Mutual Mortgage Insurance Fund shall continue to generate a
negative credit subsidy which may include--
``(A) altering mortgage insurance premiums subject
to subsection (c)(2);
``(B) reviewing underwriting policies; and
``(C) limiting the availability of mortgage
insurance under this subsection.
``(8) Underwriting.--For a mortgage to be eligible for
insurance under this subsection, the mortgagor's credit and
ability to pay the monthly mortgage payments shall have been
evaluated using the Federal Housing Administration's Technology
Open To Approved Lenders (TOTAL) Mortgage Scorecard, or a
similar standardized credit scoring system approved by the
Secretary, and in accordance with procedures established by the
Secretary.
``(9) Approval of mortgagees.--To be eligible for insurance
under this subsection, a mortgage shall have been made to a
mortgagee that meets such criteria as the Secretary shall
establish to ensure that mortgagees meet appropriate standards
for participation in the program authorized under this
subsection.
``(10) Disclosure of incremental costs.--For a mortgage to
be eligible for insurance under this subsection, the mortgagee
shall provide to the mortgagor, at the time of the application
for the loan involved in the mortgage, a written disclosure, as
the Secretary shall require, that specifies the effective cost
to a mortgagor of borrowing the amount by which the maximum
amount that could be borrowed under a mortgage insured under
this subsection exceeds the maximum amount that could be
borrowed under a mortgage insured under subsection (b), based
on average closing costs with respect to such amount, as
determined by the Secretary. Such cost shall be expressed as an
annual interest rate over the first 5 years of a mortgage.
``(11) Loss mitigation.--
``(A) In general.--Upon the default of any mortgage
insured under this subsection, the mortgagee shall
engage in loss mitigation actions for the purpose of
providing an alternative to foreclosure to the same
extent as is required of other mortgages insured under
this title pursuant to the regulations issued under
section 230(a).
``(B) Annual reporting.--Not later than 90 days
after the end of each fiscal year, the Secretary shall
submit a report to Congress that compares the rates of
default and foreclosure during such fiscal year for
mortgages insured under this subsection, for single-
family mortgages insured under this title (other than
under this subsection), and for mortgages for housing
purchased with assistance provided under the
downpayment assistance initiative under section 271 of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12821).
``(12) Additional requirements.--The Secretary may
establish any additional requirements for mortgage insurance
under this subsection as may be necessary or appropriate.
``(13) Limitation.--The aggregate number of mortgages
insured under this section in any fiscal year may not exceed 30
percent of the aggregate number of mortgages and loans insured
by the Secretary under this title during the preceding fiscal
year.
``(14) Program suspension.--
``(A) In general.--Subject to subparagraph (C), the
authority under paragraph (1) to insure mortgages shall
be suspended if at any time the claim rate described in
subparagraph (B) exceeds 3.5 percent. A suspension
under this subparagraph shall remain in effect until
such time as such claim rate is 3.5 percent or less.
``(B) FHA total single-family annual claim rate.--
The claim rate under subparagraph (A), for any
particular time, shall be the ratio of the number of
claims during the 12 months preceding such time on
mortgages on 1- to 4-family residences insured pursuant
to this title, to the number of mortgages on such
residences having such insurance in-force at that time.
``(C) Applicability.--A suspension under
subparagraph (A) shall not preclude the Secretary from
endorsing or insuring any mortgage that was duly
executed before the date of such suspension.
``(15) Sunset.--No mortgage may be insured under this
section after September 30, 2011, except that the Secretary may
endorse or insure any mortgage that was duly executed before
such date.
``(16) GAO reports.--Not later than 2 years after the date
of enactment of the Zero Downpayment Act of 2004, and annually
thereafter, the Comptroller General of the United States shall
submit a report to Congress regarding the performance of
mortgages insured under this subsection.
``(17) Implementation.--The Secretary may implement this
subsection on an interim basis by issuing interim rules, except
that the Secretary shall solicit public comments upon
publication of such interim rules and shall issue final rules
implementing this subsection after consideration of the
comments submitted.''.
(b) Mortgage Insurance Premiums.--The second sentence of
subparagraph (A) of section 203(c)(2)(A) of the National Housing Act
(12 U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting
``Except with respect to a mortgage insured under subsection (l), in''. | Zero Downpayment Act of 2004 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure zero-downpayment mortgages of an eligible single family residence for a first-time homebuyer who has received specified homeownership counseling.
Terminates program authority after September 30, 2011, except for mortgages executed prior to such date. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Housing and Urban Development to insure zero-downpayment mortgages."} | 2,920 | 75 | 0.506258 | 1.274177 | 0.814294 | 2.734375 | 40.09375 | 0.890625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Travel and Tourism Partnership Act
of 1996''.
TITLE I--NATIONAL TOURISM BOARD
SEC. 101. ESTABLISHMENT OF NATIONAL TOURISM BOARD.
(a) Establishment.--There is established the National Tourism Board
(hereafter in this title referred to as the ``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of 36
members, appointed by the President, in consultation with the
appropriate representatives of the travel and tourism industry.
The members appointed under this subsection shall include--
(A) 1 member appointed to serve as the Chairperson
of the Board, by and with the advice and consent of the
Senate;
(B) 1 member appointed from nominations submitted
by the Speaker of the House of Representatives;
(C) 1 member appointed from nominations submitted
by the President pro tempore of the Senate;
(D) 6 members appointed from among employees of
Federal and State agencies related to travel and
tourism; and
(E) 27 members representing the private sector and
a wide range of travel and tourism industries.
(2) Accountability of chairperson.--The Chairperson shall
be accountable to the President and the Congress for the
operations of the Board.
(c) Terms.--
(1) In general.--Each member of the Board (including the
Chairperson) shall be appointed for a term of 3 years, except
as provided in paragraph (2).
(2) Terms of initial members.--As determined by the
President as of the date of the first appointments, of the
members first appointed--
(A) 12 members shall be appointed for a term of 1
year;
(B) 12 members shall be appointed for a term of 2
years; and
(C) 12 members (including the Chairperson) shall be
appointed for a term of 3 years.
(3) Vacancies.--Any vacancy in the Board shall not affect
its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Board have been appointed, the Board shall
hold its first meeting.
(e) Meetings.--The Board shall meet at the call of the Chairperson,
but not less frequently than semiannually. The Board shall provide
appropriate notice of each meeting to the general public. The meetings
of the Board shall be open to the general public.
(f) Treatment of Board.--
(1) In general.--Notwithstanding any other provision of
law, the Board shall not be considered to be a Federal agency
for purposes of the civil service laws and any other provision
of Federal law governing the operation of Federal agencies,
including personnel or budgetary matters relating to Federal
agencies.
(2) Exemption from the federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
SEC. 102. DUTIES OF THE BOARD.
(a) Public-Private Partnership.--The Board shall--
(1) facilitate the development and use of a public-private
partnership for travel and tourism policymaking;
(2) develop a national travel and tourism strategy for
increasing tourism to and within the United States;
(3) advise the President, the Congress, and members of the
travel and tourism industry concerning--
(A) the implementation of the national strategy
referred to in paragraph (2); and
(B) other matters that affect travel and tourism;
and
(4) provide guidance to the National Tourism Organization
established under section 201.
(b) Recommendations; Testimony.--The Board--
(1) shall develop such recommendations on the issues
referred to in subsection (a)(3) as the Board considers to be
appropriate; and
(2) may present testimony concerning those issues to the
Congress and to State legislatures.
(c) Reports.--To carry out its duties, the Board may submit to the
President and the Congress such reports concerning the findings and
determinations of the Board as the Board determines to be appropriate.
SEC. 103. POWERS OF THE BOARD.
(a) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out the duties of the Board. Upon
request of the Chairperson of the Board, the head of a Federal
department or agency shall furnish that information to the Board.
(b) Contributions.--The Board may accept, use, and dispose of gifts
or donations of funds, services, or property necessary to carry out its
duties. The Board may not accept any Federal financial assistance or
financial assistance from any other government.
SEC. 104. BOARD PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Board who is not
an officer or employee of the Federal Government shall serve without
compensation, except for travel expenses, as described in subsection
(b). Each member of the Board who is an officer or employee of the
Federal Government shall not receive any compensation in addition to
that received for that member's services as an officer or employee of
the United States.
(b) Travel Expenses.--Subject to the availability of funds from
financial contributions under section 103(b), the members of the Board
may be allowed travel expenses, while away from their homes or regular
places of business in the performance of services for the Board.
(c) Staff.--
(1) In general.--The Chairperson of the Board may appoint
and terminate an executive director and such other additional
personnel as may be necessary to enable the Board to perform
its duties.
(2) Compensation.--The Chairperson of the Board may fix the
compensation of the executive director and other personnel.
(3) Support services.--At the request of the Chairperson of
the Board, the Chairperson of the Board of the National Tourism
Organization established under section 201 may provide clerical
and support services to the National Tourism Board established
under this title.
TITLE II--NATIONAL TOURISM ORGANIZATION
SEC. 201. ESTABLISHMENT OF NATIONAL TOURISM ORGANIZATION.
(a) In General.--
(1) Establishment.--The President shall, in accordance with
this section, provide for the establishment of a nonprofit
corporation, to be known as the National Tourism Organization
(hereafter in this title referred to as the ``Organization'').
The Organization shall not be an agency or establishment of the
United States Government, but shall be operated in a manner
consistent with the provisions of this section and any other
applicable laws.
(2) Purposes.--The purposes of the Organization are--
(A) to work toward increasing the market share of
the United States in global tourism;
(B) to implement the strategy developed under
section 102(a)(2);
(C) to operate travel and tourism promotion
programs overseas in partnership with the travel and
tourism industry of the United States;
(D) to establish a travel-tourism data bank and,
through that data bank, collect and disseminate
international market data;
(E) to conduct market research necessary for the
effective promotion of the travel and tourism market;
and
(F) to promote United States travel and tourism at
international trade shows.
(b) Organization Board of Directors.--The Organization shall have a
Board of Directors (hereafter in this title referred to as the
``Organization Board''). The Organization Board shall consist of 45
members, appointed by the President. The Organization Board shall be
accountable to the National Tourism Board established under title I for
the operations of the Organization.
(c) Incorporators.--The members of the initial Organization Board
shall--
(1) serve as incorporators; and
(2) take any action that is necessary to establish the
Organization as a corporation under applicable law.
(d) Term of Office.--The term of office of each member of the
Organization Board who is appointed by the President shall be 3 years,
except that any member appointed to fill a vacancy occurring prior to
the expiration of the term for which the predecessor of that member was
appointed shall be appointed for the remainder of that term.
(e) Vacancies.--Any vacancy in the Organization Board shall not
affect its power, but shall be filled in the same manner as the
original appointment.
(f) Chairperson.--The Organization Board shall be headed by a
chairperson, who shall be selected by the Organization Board, from
among the members of the Organization Board.
(g) Status of Members.--Members of the Organization Board shall
not, by reason of membership in the Organization Board, be considered
to be officers or employees of the United States.
(h) Officers; Staff.--
(1) Officers.--The Organization shall have a president, and
such other officers as may be named and appointed by the
Organization Board for terms and at rates of compensation fixed
by the Organization Board. The president shall serve as a
member of the Trade Promotion Coordinating Committee
established under section 2312 of the Export Enhancement Act of
1988 (15 U.S.C. 4727). The Organization Board may prescribe the
duties of the officers. All officers of the Organization shall
serve at the pleasure of the Organization Board.
(2) Staff.--The Organization Board shall hire the staff
necessary to carry out the purposes of the Organization and fix
the compensation of that staff.
(i) Financing.--Not later than 1 year after the date of
incorporation of the Organization, the appropriate officers of the
Organization shall cooperate with the Organization Board to develop a
recommendation for the long-term financing of the Organization.
SEC. 202. COOPERATION BY THE FEDERAL GOVERNMENT.
(a) Technical Assistance.--Upon request of the appropriate officer
of the Organization or the Organization Board, the head of a Federal
agency shall provide technical assistance to assist the Organization in
carrying out its purposes, as specified in section 201(a)(2).
(b) Overseas Posts.--The head of each Federal agency that maintains
offices in a foreign country shall, as appropriate, incorporate in the
programs and activities carried out by those offices, programs and
activities that implement the recommendations of the National Tourism
Board established under section 101 and the Organization.
SEC. 203. TRADE PROMOTION COORDINATING COMMITTEE.
Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(6) reflect recommendations made by the National Tourism
Board established under the Travel and Tourism Partnership Act
of 1996.''; and
(2) in subsection (d)(1)--
(A) by striking ``and'' at the end of subparagraph
(L);
(B) by redesignating subparagraph (M) as
subparagraph (N); and
(C) by inserting after subparagraph (L) the
following:
``(M) the president of the National Tourism
Organization established under the Travel and Tourism
Partnership Act of 1996; and''. | TABLE OF CONTENTS:
Title I: National Tourism Board
Title II: National Tourism Organization
Travel and Tourism Partnership Act of 1996 -
Title I: National Tourism Board
- Establishes the National Tourism Board to develop a national travel and tourism strategy for increasing U.S. tourism.
Title II: National Tourism Organization
- Directs the President to provide for the establishment of the National Tourism Organization as a non-Federal nonprofit organization to implement the national travel and tourism strategy developed by the Board.
Requires the head of a Federal agency, upon request, to provide technical assistance to the Organization to assist it in carrying out its purposes.
Requires the head of each Federal agency maintaining offices in a foreign country to incorporate in their programs and activities some that implement the recommendations of the Organization and Board.
Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee's (TPCC) Federal trade promotion plan to reflect Board recommendations. Makes the President of the Organization a member of TPCC. | {"src": "billsum_train", "title": "Travel and Tourism Partnership Act of 1996"} | 2,446 | 221 | 0.500575 | 1.346492 | 0.738446 | 2.685 | 11.37 | 0.895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wetland Determinations Efficiency
and Transparency Act''.
SEC. 2. ADMINISTRATION OF WETLAND DETERMINATIONS.
Section 1222(a) of the Food Security Act of 1985 (16 U.S.C.
3822(a)) is amended--
(1) in paragraph (1), by striking ``subsection (b) and
paragraph (6)'' and inserting ``subsection (b), paragraphs (6)
and (7), and paragraphs (1)(B) and (2) of section 1244(e)'';
and
(2) by adding at the end the following:
``(7) Administration.--
``(A) Timely completion.--
``(i) In general.--The Secretary, acting
through the Chief of the Natural Resources
Conservation Service, shall ensure the
completion of a wetland delineation,
determination, or certification by the date
that is 60 days after the date on which a
person subject to this subtitle requests the
delineation, determination, or certification.
``(ii) Effect of delay.--If a wetland
delineation, determination, or certification is
not completed by the date described in clause
(i), upon completion of the wetland
delineation, determination, or certification,
the Secretary shall provide for a reasonable
transition period for coming into compliance
with the wetland delineation, determination, or
certification, as necessary, and a person shall
not become ineligible under section 1221 for
program loans or payments as a result of
actions taken, between the date described in
clause (i) and the date on which such
transition period ends, in violation of the
wetland delineation, determination, or
certification.
``(B) Final agency action.--A wetland delineation,
determination, or certification made by the Secretary
shall be considered a final agency action subject to
judicial review, and a person challenging a wetland
delineation, determination, or certification shall not
be required to exhaust all administrative remedies
prior to bringing a suit in Federal court.
``(C) Duty to disclose.--In the case of a wetland
delineation, determination, or certification for which
there exists a dispute, the Secretary shall make
available a copy of the agency record, to a person
involved in the dispute who requests such a copy, not
later than 30 days after the date on which the person
makes the request.
``(D) Burden of proof.--In the case of a wetland
delineation, determination, or certification for which
there exists a dispute, the Secretary shall bear the
burden of proof by a preponderance of the evidence.
``(E) Effect on existing process.--Nothing in this
paragraph shall be construed to prohibit a person
challenging a wetland delineation, determination, or
certification from using the administrative appeal
process in place before the date of enactment of this
paragraph.''.
SEC. 3. TECHNICAL ASSISTANCE PERMITTED.
Section 1244(e) of the Food Security Act of 1985 (16 U.S.C.
3844(e)) is amended to read as follows:
``(e) Provision of Technical Assistance by Other Sources.--
``(1) Third party technical assistance permitted.--The
Secretary shall permit a person to secure technical assistance
from an approved source, as determined by the Secretary, other
than the Natural Resources Conservation Service--
``(A) in the preparation and application of a
conservation plan under subtitle B or similar plan
required as a condition for assistance from the
Department of Agriculture; and
``(B) in the preparation of a wetland delineation
or determination to submit to the Secretary under
section 1222.
``(2) Rejection.--If the Secretary rejects a technical
determination made by an approved source pursuant to paragraph
(1)(A), or a wetland delineation or determination made by an
approved source pursuant to paragraph (1)(B), the basis of the
Secretary's rejection must be supported by documented
evidence.''.
SEC. 4. DATE OF RETURN OF WETLAND CHARACTERISTICS.
Section 1222(b)(1)(G) of the Food Security Act of 1985 (16 U.S.C.
3822) is amended by striking ``after that date'' and inserting ``after
such original conversion''. | Wetland Determinations Efficiency and Transparency Act This bill amends the Food Security Act of 1985 to revise the process that the Natural Resources Conservation Service (NRCS) uses to make a wetland determination, delineation, or certification. The NRCS must make a determination, delineation, or certification within 60 days. If the NRCS misses the deadline, it must provide a reasonable transition period for a person to come into compliance with the decision without losing eligibility for certain payments and loans. A decision is subject to judicial review, and a person is not required to exhaust all administrative remedies prior to bringing a suit in federal court. In the case of a dispute, the NRCS must bear the burden of proof by a preponderance of the evidence and provide a copy of the agency record upon request. The Department of Agriculture (USDA) must permit a person to secure technical assistance from an approved source, other than the NRCS, for the preparation of: (1) a conservation plan or similar plan required as a condition for USDA assistance, and (2) a wetland delineation or determination. | {"src": "billsum_train", "title": "Wetland Determinations Efficiency and Transparency Act"} | 999 | 254 | 0.582565 | 1.877293 | 0.839464 | 3.186603 | 4.076555 | 0.870813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beach Protection Act of 2008''.
SEC. 2. BEACHWATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.
(a) In General.--Section 406 of the Federal Water Pollution Control
Act (33 U.S.C. 1346) is amended in each of subsections (b), (c), (d),
(g), and (h) by striking ``monitoring and notification'' each place it
appears and inserting ``monitoring, public notification, source
tracking, sanitary surveys, and prevention efforts to address the
identified sources of beachwater pollution''.
(b) Authorization of Appropriations.--Section 406(i) of the Federal
Water Pollution Control Act (33 U.S.C. 1346(i)) is amended by striking
``$30,000,000 for each of fiscal years 2001 through 2005'' and
inserting ``$60,000,000 for each of fiscal years 2008 through 2013, of
which--
``(1) up to 10 percent of the initial $10,000,000 made
available for a fiscal year, at the direction of the States,
may be used to remediate problems detected through beachwater
monitoring and source identification programs funded, in whole
or in part, by the Beaches Environmental Assessment and Coastal
Health Act of 2000 (Public Law 106-284; 114 Stat. 870), the
Beach Protection Act of 2008, or an amendment made by either of
those Acts;
``(2) up to 40 percent of the next $5,000,000 made
available for the fiscal year, at the direction of the States,
may be used to remediate those problems; and
``(3) up to 50 percent of the remaining $45,000,000 made
available for the fiscal year, at the direction of the States,
may be used to remediate those problems.''.
SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH
ACT.
Section 8 of the Beaches Environmental Assessment and Coastal
Health Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and
inserting ``2013''.
SEC. 4. STATE REPORTS.
Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act
(33 U.S.C. 1346(b)(3)(A)(ii)) is amended by inserting ``and all
environmental agencies of the State with authority to prevent or treat
sources of beachwater pollution'' after ``public''.
SEC. 5. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs.--Section
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C.
1346(c)(4)(A)) is amended by inserting ``, including the use of a rapid
testing method after the last day of the 1-year period following the
date of approval of the rapid testing method by the Administrator''
before the semicolon at the end.
(b) Revised Criteria.--Section 304(a)(9) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``rapid'' before ``testing''; and
(B) by striking ``, as appropriate''; and
(2) by adding at the end the following:
``(C) Validation of rapid testing methods.--Not
later than 2 years after the date of enactment of this
subparagraph, and periodically thereafter, the
Administrator shall validate the rapid testing
methods.''.
(c) Definition.--Section 502 of the Federal Water Pollution Control
Act (33 U.S.C. 1362) is amended by adding at the end the following:
``(25) Rapid testing method.--The term `rapid testing
method' means a method of testing for which results are
available within 2 hours after commencement of the rapid
testing method.''.
SEC. 6. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)(5)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``prompt communication'' and inserting ``communication within
24 hours of the receipt of the results of a water quality
sample'';
(2) in subparagraph (A), by striking ``and'' at the end;
(3) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(4) by adding at the end the following:
``(C) all agencies of the State government with
authority to require the prevention or treatment of the
sources of beachwater pollution;''.
SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (33
U.S.C. 1346(c)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting a semicolon;
(3) by adding at the end the following:
``(8) measures to develop and implement a beachwater
pollution source identification and tracking program for the
coastal recreation waters that are not meeting applicable water
quality standards for pathogens;
``(9) a publicly accessible and searchable global
information system database with information updated within 24
hours of the availability of the information, organized by
beach and with defined standards, sampling plan, monitoring
protocols, sampling results, and number and cause of beach
closing and advisory days; and
``(10) measures to ensure that closures or advisories are
made or issued within 24 hours after the State government
determines that any coastal recreation waters in the State are
not meeting or are not expected to meet applicable water
quality standards for pathogens.''.
SEC. 8. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (33
U.S.C. 1346(h)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``In the'' and inserting the following:
``(1) In general.--In the''; and
(3) by adding at the end the following:
``(2) Compliance review.--On or before July 31 of each
calendar year beginning after the date of enactment of this
paragraph, the Administrator shall--
``(A) prepare a written assessment of compliance
with all statutory and regulatory requirements of this
section for each State and local government, and of
compliance with conditions of each grant made under
this section to a State or local government, including
compliance with any requirement or condition under
subsection (a)(2) or (c);
``(B) notify the State or local government of the
assessment; and
``(C) make each of the assessments available to the
public in a searchable database on or before December
31 of the calendar year.
``(3) Corrective action.--
``(A) In general.--Any State or local government
that the Administrator notifies under paragraph (2)
that the State or local government is not in compliance
with any requirement or grant condition described in
paragraph (2) shall take such action as is necessary to
comply with the requirement or condition by not later
than 1 year after the date of the notification.
``(B) Noncompliance.--If the State or local
government is not in compliance with such a requirement
or condition by the date that is 1 year after the
deadline specified in subparagraph (A), any grants made
under subsection (b) to the State or local government,
after the last day of the 1-year period and while the
State or local government is not in compliance with all
requirements and grant conditions described in
paragraph (2), shall require a Federal share of not to
exceed 50 percent.
``(4) GAO review.--Not later than December 31 of the third
calendar year beginning after the date of enactment of this
paragraph, the Comptroller General of the United States shall--
``(A) conduct a review of the activities of the
Administrator under paragraphs (2) and (3) during the
first and second calendar years beginning after that
date of enactment; and
``(B) submit to Congress a report on the results of
the review.''.
SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA.
(a) Study.--Not later than 30 days after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
(referred to in this section as the ``Administrator'') shall commence a
study of the formula for the distribution of grants under section 406
of the Federal Water Pollution Control Act (33 U.S.C. 1346) for the
purpose of identifying potential revisions of that formula.
(b) Requirements.--In conducting the study, the Administrator
shall--
(1) consider the emphasis and valuation placed on length of
beach season, including any findings made by the Government
Accountability Office with respect to that emphasis and
valuation; and
(2) consult with appropriate Federal, State, and local
agencies.
(c) Report and Revision.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall--
(1) submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
results of the study, including any recommendations for
revisions of the distribution formula referred to in subsection
(a); and
(2) revise the distribution formula referred to in
subsection (a) in accordance with those recommendations. | Beach Protection Act of 2008 - (Sec. 2) Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include among eligible grant activities the development and implementation of programs for source tracking, sanitary surveys, and prevention efforts to address the identified sources of beach water pollution. Authorizes appropriations for such grants for FY2008-FY2013.
(Sec. 3) Amends the Beaches Environmental Assessment and Coastal Health Act of 2000 to authorize appropriations to carry out such Act through FY2013.
(Sec. 5) Requires grant recipients to identify: (1) the use of a rapid testing method; (2) measures for communication within 24 hours of the results of a water sample concerning pollutants to specified officials and all state agencies with authority to require the prevention or treatment of the sources of beach water pollution; (3) measures to develop and implement a beach water pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens; (4) a publicly accessible and searchable global information system database with information updated within 24 hours of its availability, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; and (5) measures to ensure that closures or advisories are made or issued within 24 hours after a state government determines that its coastal recreation waters are not meeting applicable water quality standards for pathogens.
Requires the Environmental Protection Agency (EPA) Administrator to: (1) publish a revised list of rapid testing methods; and (2) validate such methods no later than two years after this Act's enactment and periodically thereafter.
(Sec. 8) Sets forth provisions requiring: (1) a review by the Administrator of state and local compliance with statutory and regulatory requirements and grant conditions, including compliance with public health and safety performance criteria and state and local program content requirements; (2) corrective actions by such governments not in compliance; and (3) a review by the Comptroller General of such compliance review and corrective action.
(Sec. 9) Directs the Administrator to study and report to Congress on the formula for the distribution of grants for coastal recreation water quality monitoring under the Clean Water Act for the purpose of identifying potential revisions of that formula. Requires the Administrator to consider the emphasis and valuation placed on the length of beach season and to revise the distribution formula in accordance with the study's recommendations. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to modify provisions relating to beach monitoring, and for other purposes."} | 2,212 | 535 | 0.558484 | 1.801519 | 0.648147 | 3.727651 | 4.087318 | 0.900208 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening America's Satellite
Industry Act''.
SEC. 2. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL AND INTERNATIONAL
ARMS EXPORT CONTROLS.
(a) Sense of Congress.--It is the sense of Congress that the
President should redouble United States diplomatic efforts to
strengthen national and international arms export controls by
establishing a senior-level initiative to ensure that those arms export
controls are comparable to and supportive of United States arms export
controls, particularly with respect to countries of concern to the
United States.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and annually thereafter for 4 years, the President shall
transmit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on United States diplomatic efforts described in subsection (a).
SEC. 3. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.
Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2415(b)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) were exported without a license under section 38 of
the Arms Export Control Act (22 U.S.C. 2778) pursuant to an
exemption established under the International Traffic in Arms
Regulations, other than defense articles exported in
furtherance of a letter of offer and acceptance under the
Foreign Military Sales program or a technical assistance or
manufacturing license agreement, including the specific
exemption provision in the regulation under which the export
was made.''.
SEC. 4. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE ARTICLES
EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT CONTROL ACT.
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is
amended by adding at the end the following:
``(k) Report.--
``(1) In general.--The President shall transmit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
that contains a detailed listing, by country and by
international organization, of the total dollar value of major
defense equipment and defense articles exported pursuant to
licenses authorized under this section for the previous fiscal
year.
``(2) Inclusion in annual budget.--The report required by
this subsection shall be included in the supporting information
of the annual budget of the United States Government required
to be submitted to Congress under section 1105 of title 31,
United States Code.''.
SEC. 5. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS FROM THE
UNITED STATES MUNITIONS LIST.
(a) Authority.--Except as provided in subsection (b) and subject to
subsection (d), the President is authorized to remove satellites and
related components from the United States Munitions List, consistent
with the procedures in section 38(f) of the Arms Export Control Act (22
U.S.C. 2778(f)).
(b) Exception.--The authority of subsection (a) may not be
exercised with respect to any satellite or related component that may,
directly or indirectly, be transferred to, or launched into outer space
by, the People's Republic of China.
(c) United States Munitions List.--In this section, the term
``United States Munitions List'' means the list referred to in section
38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(d) Effective Date.--The President may not exercise the authority
provided in this section before the date that is 90 days after the date
of the enactment of this Act.
SEC. 6. REVIEW AND REPORT OF INVESTIGATIONS OF VIOLATIONS OF SECTION 3
OF THE ARMS EXPORT CONTROL ACT.
(a) Review.--The Inspector General of the Department of State shall
conduct a review of investigations by the Department of State during
each of fiscal years 2010 through 2014 of any and all possible
violations of section 3 of the Arms Export Control Act (22 U.S.C. 2753)
with respect to misuse of United States-origin defense items to
determine whether the Department of State has fully complied with the
requirements of such section, as well as its own internal procedures
(and whether such procedures are adequate), for reporting to Congress
any information regarding the unlawful use or transfer of United
States-origin defense articles, defense services, and technology by
foreign countries, as required by such section.
(b) Report.--The Inspector General of the Department of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the Senate
for each of fiscal years 2010 through 2014 a report that contains the
findings and results of the review conducted under subsection (a). The
report shall be submitted in unclassified form to the maximum extent
possible, but may include a classified annex.
SEC. 7. REPORT ON SELF-FINANCING OPTIONS FOR EXPORT LICENSING FUNCTIONS
OF DDTC OF THE DEPARTMENT OF STATE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on possible mechanisms to place the export
licensing functions of the Directorate of Defense Trade Controls of the
Department of State on a 100 percent self-financing basis. | Strengthening America's Satellite Industry Act - Expresses the sense of Congress that the President should increase U.S. diplomatic efforts to strengthen arms export controls to ensure that such controls are supportive of U.S. arms export controls, particularly with respect to countries of concern to the United States. Requires the President to report annually to the appropriate congressional committees for five years regarding such diplomatic activities.
Amends the Foreign Assistance Act of 1961 to require that information regarding certain defense items exported without a license under the Arms Control and Export Act be included in the annual military assistance report.
Amends the Arms Export Control Act to direct the President to report to Congress, by country and by international organization, regarding the total dollar value of major defense equipment and defense articles exported pursuant to licenses for the previous fiscal year.
Authorizes the President to remove satellites and related components from the United States Munitions List, except for any satellite or related component that may be transferred to, or launched into outer space by, the People's Republic of China (PRC).
Directs the Inspector General of the Department of State to: (1) review Department investigations of possible misuse of U.S.-origin defense items; and (2) and report to Congress.
Directs the Secretary of State to report to Congress regarding placing the export licensing functions of the Department's Directorate of Defense Trade Controls on a self-financing basis. | {"src": "billsum_train", "title": "To strengthen certain provisions relating to arms export licenses, and for other purposes."} | 1,315 | 303 | 0.677741 | 2.037645 | 0.773182 | 3.893939 | 4.25 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firefighter Investment and Response
Enhancement (FIRE) Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) increased demands on firefighting personnel have made
it difficult for local governments to adequately fund necessary
fire safety precautions;
(2) the Federal Government has an obligation to protect the
health and safety of the firefighting personnel of the United
States and to ensure that the personnel have the financial
resources to protect the public; and
(3) the high rates in the United States of death, injury,
and property damage caused by fires demonstrates a critical
need for Federal investment in support of firefighting
personnel.
SEC. 3. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.
The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201
et seq.) is amended by adding at the end the following:
``SEC. 33. FIREFIGHTER INVESTMENT AND RESPONSE ENHANCEMENT.
``(a) Definition of Firefighting Personnel.--In this section, the
term `firefighting personnel' means individuals, including volunteers,
who are firefighters, officers of fire departments, or emergency
medical service personnel of fire departments.
``(b) Assistance Program.--
``(1) Authority.--In accordance with this section, the
Director may--
``(A) make grants on a competitive basis to fire
departments for the purpose of protecting the health
and safety of the public and firefighting personnel
against fire and fire-related hazards; and
``(B) provide assistance for fire prevention
programs in accordance with paragraph (4).
``(2) Establishment of office for administration of
assistance.--Before providing assistance under paragraph (1),
the Director shall establish an office in the Federal Emergency
Management Agency that shall have the duties of establishing
specific criteria for the selection of recipients of the
assistance, and administering the assistance, under this
section.
``(3) Use of fire department grant funds.--The Director may
make a grant under paragraph (1)(A) only if the applicant for
the grant agrees to use the grant funds--
``(A) to hire additional firefighting personnel;
``(B) to train firefighting personnel in
firefighting, emergency response, arson prevention and
detection, or the handling of hazardous materials, or
to train firefighting personnel to provide any of the
training described in this subparagraph;
``(C) to fund the creation of rapid intervention
teams to protect firefighting personnel at the scenes
of fires and other emergencies;
``(D) to certify fire inspectors;
``(E) to establish wellness and fitness programs
for firefighting personnel to ensure that the
firefighting personnel can carry out their duties;
``(F) to fund emergency medical services provided
by fire departments;
``(G) to acquire additional firefighting vehicles,
including fire trucks;
``(H) to acquire additional firefighting equipment,
including equipment for communications and monitoring;
``(I) to acquire personal protective equipment
required for firefighting personnel by the Occupational
Safety and Health Administration, and other personal
protective equipment for firefighting personnel;
``(J) to modify fire stations, fire training
facilities, and other facilities to protect the health
and safety of firefighting personnel;
``(K) to enforce fire codes;
``(L) to fund fire prevention programs; or
``(M) to educate the public about arson prevention
and detection.
``(4) Fire prevention programs.--
``(A) In general.--For each fiscal year, the
Director shall use not less than 10 percent of the
funds made available under subsection (c)--
``(i) to make grants to fire departments
for the purpose described in paragraph (3)(L);
and
``(ii) to make grants to, or enter into
contracts or cooperative agreements with,
national, State, local, or community
organizations that are recognized for their
experience and expertise with respect to fire
prevention or fire safety programs and
activities, for the purpose of carrying out
fire prevention programs.
``(B) Priority.--In selecting organizations
described in subparagraph (A)(ii) to receive assistance
under this paragraph, the Director shall give priority
to organizations that focus on prevention of injuries
to children from fire.
``(5) Application.--The Director may provide assistance to
a fire department or organization under this subsection only if
the fire department or organization seeking the assistance
submits to the Director an application in such form and
containing such information as the Director may require.
``(6) Matching requirement.--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to match with an equal amount of non-Federal
funds 10 percent of the assistance received under this
subsection for any fiscal year.
``(7) Maintenance of expenditures--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to maintain in the fiscal year for which the
assistance will be received the applicant's aggregate
expenditures for the uses described in paragraph (3) or (4) at
or above the average level of such expenditures in the 2 fiscal
years preceding the fiscal year for which the assistance will
be received.
``(8) Report to the director.--The Director may provide
assistance under this subsection only if the applicant for the
assistance agrees to submit to the Director a report, including
a description of how the assistance was used, with respect to
each fiscal year for which the assistance was received.
``(9) Variety of fire department grant recipients.--The
Director shall ensure that grants under paragraph (1)(A) for a
fiscal year are made to a variety of fire departments,
including, to the extent that there are eligible applicants--
``(A) paid, volunteer, and combination fire
departments;
``(B) fire departments located in communities of
varying sizes; and
``(C) fire departments located in urban, suburban,
and rural communities.
``(10) Limitation on expenditures for firefighting
vehicles.--The Director shall ensure that not more than 25
percent of the assistance made available under this subsection
for a fiscal year is used for the use described in paragraph
(3)(G).
``(c) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Director $1,000,000,000 for each of fiscal years 2000
through 2005.
``(2) Limitation on administrative costs.--Of the amounts
made available under paragraph (1) for a fiscal year, the
Director may use not more than 10 percent for the
administrative costs of carrying out this section.''. | Requires: (1) ten percent non-Federal matching funds; (2) each grantee to report to the Director on grant uses; and (3) grants to be made to a variety of recipients, including paid and volunteer firefighters and urban, suburban, and rural.
Authorizes appropriations for FY 2000 through 2005. | {"src": "billsum_train", "title": "Firefighter Investment and Response Enhancement (FIRE) Act"} | 1,449 | 71 | 0.499912 | 1.176619 | 0.54534 | 2.111111 | 22.047619 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Retaliation and Open up
Transparency to Expand Care for Troops Act of 2016'' or the ``PROTECT
Act''.
SEC. 2. RETALIATION.
(a) Establishment of Offense.--Subchapter X of chapter 47 of title
10, United States Code, is amended by inserting after section 907
(article 107 of the Uniform Code of Military Justice) the following new
section (article):
``Sec. 907a. Art. 107a. Retaliation
``Any person subject to this chapter who, with the intent to
retaliate against any person for reporting or planning to report a
criminal offense, or with the intent to discourage any person from
reporting a criminal offense--
``(1) wrongfully takes or threatens to take an adverse
personnel action against any person; or
``(2) wrongfully withholds or threatens to withhold a
favorable personnel action with respect to any person;
shall be punished as a court-martial may direct.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code, is amended
by inserting after the item relating to section 907 (article 107 of the
Uniform Code of Military Justice) the following new item:
``907a. 107a. Retaliation.''.
SEC. 3. MILITARY JUSTICE CASE MANAGEMENT; DATA COLLECTION AND
ACCESSIBILITY.
(a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
adding at the end the following new section (article):
``Sec. 940a. Art. 140a. Case management; data collection and
accessibility
``The Secretary of Defense shall prescribe uniform standards and
criteria for conduct of each of the following functions at all stages
of the military justice system, including pretrial, trial, post-trial,
and appellate processes, using, insofar as practicable, the best
practices of Federal and State courts:
``(1) Collection and analysis of data concerning
substantive offenses and procedural matters in a manner that
facilitates case management and decisionmaking within the
military justice system, and that enhances the quality of
periodic reviews under section 946 of this title (article 146).
``(2) Case processing and management.
``(3) Timely, efficient, and accurate production and
distribution of records of trial within the military justice
system.
``(4) Facilitation of access to docket information,
filings, and records, taking into consideration restrictions
appropriate to judicial proceedings and military records.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter XI of chapter 47 of title 10, United States Code, is amended
by adding at the end the following item:
``940a. 140a. Case management; data collection and accessibility.''.
(c) Effective Dates.--
(1) Implementation.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall carry out section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), as
added by subsection (a).
(2) Deadline for standards and criteria.--Not later than
four years after the date of the enactment of this Act, the
standards and criteria under section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), as added by subsection (a), shall take effect.
SEC. 4. IMPROVED INVESTIGATION OF ALLEGATIONS OF PROFESSIONAL
RETALIATION.
Section 1034(c)(4) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(F) The Secretary concerned shall ensure that any individual
investigating an allegation as described in paragraph (1) must have
training in the definition and characteristics of retaliation. In
addition, if the investigation involves alleged retaliation in response
to a communication regarding a violation of a law or regulation
prohibiting rape, sexual assault, or other sexual misconduct in
violation of sections 920 through 920c of this title (articles 120
through 120c of the Uniform Code of Military Justice), the training
shall include specific instruction regarding such violations.''.
SEC. 5. ANNUAL REPORT ON INFORMATION RECEIVED BY DEPARTMENT OF DEFENSE
FAMILY ADVOCACY PROGRAMS REGARDING UNWANTED SEXUAL
CONTACT BY MEMBERS OF THE ARMED FORCES.
Not later than January 31, 2017, and each January 31 thereafter
through January 31, 2021, the Secretary of each military department
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report containing information
regarding each report of unwanted sexual contact committed by a member
of the Armed Forces against a domestic partner or child of the member
that was received by a family advocacy program of the Department of
Defense during the preceding year covered by the report.
SEC. 6. SENSE OF CONGRESS REGARDING PLIGHT OF MALE VICTIMS OF MILITARY
SEXUAL TRAUMA.
(a) Finding.--Congress finds that the plight of male victims of
military sexual trauma remains in the shadows due a lack of social
awareness on the issue of male victimization.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should--
(1) enhance victims' access to intensive medical and mental
health treatment for military sexual trauma treatment;
(2) look for opportunities to utilize male survivors of
sexual assault as presenters during annual Sexual Assault
Preventions and Response training; and
(3) ensure Department of Defense medical and mental health
providers are adequately trained to meet the needs of male
survivors of military sexual trauma. | Prevent Retaliation and Open up Transparency to Expand Care for Troops Act of 2016 or the PROTECT Act This bill amends the Uniform Code of Military Justice to establish the offense of retaliation. Retaliation provisions require that any person subject to the code who, with the intent to retaliate against any person for reporting or planning to report a criminal offense, or with the intent to discourage any person from reporting a criminal offense, wrongfully takes or threatens to take an adverse personnel action against any person, or wrongfully withholds or threatens to withhold a favorable personnel action with respect to any person, shall be punished as a court-martial may direct. The Department of Defense (DOD) shall prescribe uniform standards for conduct of each of the following functions at all stages of the military justice system, including pretrial, trial, post-trial, and appellate processes: collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making and enhances the quality of periodic reviews; case processing and management; timely and accurate production and distribution of trial records; and facilitation of access to docket information, filings, and records. Each military department shall ensure that any individual investigating an allegation of retaliation against a person who has made a protected communication must have training in the definition and characteristics of retaliation. If the investigation involves alleged retaliation in response to a communication regarding rape, sexual assault, or other sexual misconduct, the training shall include specific instruction regarding such violations. It is the sense of Congress that DOD should ensure that its medical and mental health providers are adequately trained to meet the needs of male survivors of military sexual trauma. | {"src": "billsum_train", "title": "PROTECT Act"} | 1,343 | 384 | 0.701319 | 2.321927 | 0.918878 | 6.3 | 3.63125 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Information Protection Act of
2017''.
SEC. 2. SECURITY FREEZES ON CONSUMER REPORTS.
Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1)
is amended by adding at the end the following:
``(i) Security Freezes.--
``(1) In general.--A consumer reporting agency described in
section 603(p) shall provide to a consumer, upon request, a
security freeze on the consumer report of such consumer after a
breach of data security at such a consumer reporting agency.
``(2) Types of security freezes.--A consumer reporting
agency shall--
``(A) place a security freeze on a consumer report
without a fee to any consumer; and
``(B) with respect to a consumer that has been
specifically notified by the consumer reporting agency
that the consumer was affected by the breach of data
security, place or remove an unlimited amount of
security freezes, upon request, without a fee.
``(3) Definitions.--In this subsection:
``(A) Breach of data security.--
``(i) In general.--The term `breach of data
security' means the unauthorized acquisition of
sensitive financial account information or
sensitive personal information.
``(ii) Exception for data that is not in
usable form.--The term `breach of data
security' does not include the unauthorized
acquisition of sensitive financial account
information or sensitive personal information
that is encrypted, redacted, or otherwise
protected by another method that renders the
information unreadable and unusable if the
encryption, redaction, or protection process or
key is not also acquired without authorization.
``(B) Security freeze.--The term `security freeze'
means a notice placed in a consumer report, at the
request of a consumer, that prohibits the credit
reporting agency from releasing the consumer report or
any information in the consumer report without the
express authorization of the consumer.
``(C) Sensitive financial account information.--The
term `sensitive financial account information' means a
financial account number relating to a consumer,
including a credit card number or debit card number, in
combination with any security code, access code,
password, or other personal identification information
required to access the financial account.
``(D) Sensitive personal information.--
``(i) In general.--The term `sensitive
personal information' includes--
``(I) a Social Security number; and
``(II) the first and last name of a
consumer in combination with--
``(aa) the consumer's
driver's license number,
passport number, military
identification number, or other
similar number issued on a
government document used to
verify identity;
``(bb) information that
could be used to access a
consumer's account, such as a
user name and password or e-
mail and password; or
``(cc) biometric data of
the consumer used to gain
access to financial accounts of
the consumer.
``(ii) Exception.--The term `sensitive
personal information' does not include publicly
available information that is lawfully made
available to the general public and obtained
from--
``(I) Federal, State, or local
government records; or
``(II) widely distributed media.''. | Credit Information Protection Act of 2017 This bill amends the Fair Credit Reporting Act to require, after a data security breach, a consumer reporting agency to provide a security freeze to a consumer upon request. (A security freeze prohibits the consumer reporting agency from releasing a report without the consumer's express authorization.) The consumer reporting agency must, without a fee: (1) place a freeze on any consumer's report, and (2) provide unlimited security freezes and freeze removals to a consumer affected by the breach. | {"src": "billsum_train", "title": "Credit Information Protection Act of 2017"} | 768 | 113 | 0.638286 | 1.716247 | 1.23114 | 2.45 | 6.95 | 0.95 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Trinity River
Restoration Fund Act of 2007''.
(b) Definitions.--For the purposes of this Act:
(1) Appendix c.--The term ``Appendix C'' means Appendix C
of the Final Environmental Impact Statement/Environmental
Impact Report for the Trinity River Mainstem Fishery.
(2) Record of decision.--The term ``Record of Decision''
means the Record of Decision issued by the Secretary with the
concurrence of the Hoopa Valley Tribe on December 19, 2000, on
``Trinity River Mainstem Fishery Restoration''.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FUND.
(a) Establishment, Purpose.--There is hereby established in the
United States Treasury a fund, to be known as the ``Trinity River
Restoration Fund'', to be available to the Secretary for expenditure
without further appropriation or fiscal year limitation, and which the
Secretary shall use solely for the purpose of implementing the
preferred alternative identified in the Record of Decision.
(b) Authorization To Accept and Expend Funds.--The Secretary is
authorized to accept and expend funds without further appropriation or
fiscal year limitation from public and private sources to assist in the
implementation of the Record of Decision.
(c) Use for Specific Purposes.--Amounts deposited into the Trinity
River Restoration Fund for specific purposes shall be expended for
those purposes only and shall not be subject to appropriation.
SEC. 3. DEPOSITS INTO FUND.
The following shall be deposited in the Trinity River Restoration
Fund:
(1)(A) Out of the capital component of payments made
pursuant to long-term contracts with the Bureau of Reclamation
by Central Valley Project water and power contractors
(excluding payments made by Friant Division long-term
contractors) and beginning the first full fiscal year beginning
after the date of the enactment of this Act and continuing each
subsequent fiscal year for 5 years, such amount per year as is
necessary to yield on an average annual basis over 5 years
$6,500,000 (October 2007 price levels), to be used to complete
the construction and associated administrative activities that
the Record of Decision incorporated pursuant to the
Implementation Plan for Trinity River restoration.
(B) For purposes of this paragraph, construction activities
include portions or all of the Mechanical Rehabilitation,
Coarse and Fine Sediment Management Program, and Infrastructure
Modifications described in sections 2, 3, and 4 of Appendix C.
(2)(A) Out of the capital component of payments made
pursuant to long-term contracts with the Bureau of Reclamation
by Central Valley Project water and power contractors
(excluding payments made by Friant Division long-term
contractors) and beginning the first fiscal year after the date
of the enactment of this Act and continuing through the
conclusion of the Central Valley Project repayment pursuant to
Public Law 99-546, such amount per year required to yield a 3-
year rolling average of $11,000,000 (October 2007 price
levels), to fund operation, maintenance, repair, and
replacement, and associated administrative activities necessary
for the implementation of the Record of Decision.
(B) For purposes of this paragraph--
(i) operation, maintenance, repair, and replacement
activities--
(I) are activities necessary to maintain
the physical infrastructure constructed under
paragraph (1); and
(II) those activities associated with
Coarse and Fine Sediment Management,
Infrastructure Modifications, Watershed
Protection, and Adaptive Environmental
Assessment and Management, described in
sections 3, 4, 5, and 6 of Appendix C; and
(ii) associated administrative activities are those
described in Organizing to Implement the Trinity River
Restoration Program in section 7 of Appendix C.
(3) Non-Federal funds contributed to the United States for
implementation of the Record of Decision or Federal funds
appropriated to the Trinity River Restoration Fund.
SEC. 4. COSTS; STATUTORY CONSTRUCTION.
The Federal costs of implementing paragraphs (1) and (2) of section
3 shall be nonreimbursable under Federal reclamation law. Nothing in
this section shall--
(1) limit or be construed to limit the use of the funds
assessed and collected pursuant to section 3407(d)(2) of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4706, 4727) for implementation of the Record of Decision;
or
(2) be construed to limit or modify existing or future
Central Valley Project Ratesetting Policies.
SEC. 5. FUNDING IN THE EVENT CENTRAL VALLEY PROJECT CAPITAL REPAYMENTS
ARE UNAVAILABLE.
For any fiscal year in which the capital component of payments made
pursuant to long-term contracts with the Bureau of Reclamation by
Central Valley Project water and power contractors (excluding payments
made by Friant Division long-term contractors) falls below the amounts
determined to be necessary for construction activities, operation,
maintenance, repair, and replacement costs, and associated
administrative costs under paragraphs (1) and (2) of section 3; or the
said capital component payments have been completed, the Secretary
shall deposit annually in the Trinity River Restoration Fund an amount
sufficient to make up the shortfall from the following sources, to be
available for expenditure without further appropriation or fiscal year
limitation--
(1) reimbursements pursuant to section 3406(b)(23) of the
Central Valley Project Improvement Act (Public Law 102-575; 106
Stat. 4706, 4720);
(2) receipts to the Central Valley Project Restoration Fund
established by section 3407 of the Central Valley Project
Improvement Act (Public Law 102-575; 106 Stat. 4706, 4726); and
(3) such other Federal funds appropriated to the Trinity
River Restoration Fund.
SEC. 6. REPORTING REQUIREMENT.
Not later than 90 days after the beginning of the second full
fiscal year after date of the enactment of this Act and every 2 years
thereafter, the Secretary shall submit a summary report to the
Committees on Indian Affairs and Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives. Summary reports under this section shall contain the
following:
(1) A description of the progress in implementing the
Trinity River Restoration Program and any barriers to the
achievement of restoration goals.
(2) The separate views of the Hoopa Valley Tribe, the Yurok
Tribe, State and local governments, or other entities
participating in the implementation of the Record of Decision,
if any of these entities provide their views in writing to the
Secretary not later than 30 days before the beginning of the
fiscal year.
(3) In the first report submitted pursuant to this section
following completion of the capital component of payments made
pursuant to long-term contracts with the Bureau of Reclamation
by Central Valley Project water and power contractors referred
to in section 3, the Secretary, after consultation with the
Hoopa Valley Tribe, the Yurok Tribe, State and local
governments, or other entities participating in the
implementation of the Record of Decision, shall set forth
recommendations, if any, with respect to adjustment of the
amount referred to in section 3(2).
SEC. 7. REQUIRED ADJUSTMENT.
Beginning in the second full fiscal year beginning after the date
of the enactment of this Act, each dollar amount specified in this Act
shall be adjusted to reflect changes for the 1-year period ending the
preceding November 30 in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the Department
of Labor.
SEC. 8. ADJUSTMENT TO CERTAIN PAYMENT OBLIGATIONS.
The capital repayment obligation of Central Valley Project water
and power contractors pursuant to long-term contracts with the Bureau
of Reclamation and the appropriate share of the Federal investment in
the Central Valley Project to be recovered by the United States
pursuant to Public Law 99-546 (100 Stat. 3050) shall be reduced by the
amount paid into the Trinity River Restoration Fund pursuant to section
3(1) and section 3(2).
SEC. 9. EFFECT OF ACT.
Except as specifically provided herein, nothing in this Act shall
modify or affect in any way, the following:
(1) The Act of August 12, 1955 (Public Law 84-386; 69 Stat.
719).
(2) The Act of September 4, 1980 (Public Law 96-335; 94
Stat. 1062).
(3) The Act of October 24, 1984 (Public Law 98-541; 98
Stat. 2721), as amended by the Act of May 15, 1996 (Public Law
104-143; 110 Stat. 1338).
(4) The Act of October 27, 1986 (Public Law 99-546; 100
Stat. 3050).
(5) The Central Valley Project Improvement Act (Public Law
102-575; 106 Stat. 4706). | Trinity River Restoration Fund Act of 2007 - Establishes in the Treasury the Trinity River Restoration Fund to be available to the Secretary of the Interior for use solely for the purpose of implementing the preferred alternative identified in the Record of Decision issued by the Secretary with the concurrence of the Hoopa Valley Tribe on December 19, 2000, on Trinity River Mainstem Fishery Restoration. Authorizes the Secretary to accept and expend funds from public and private sources to assist in the implementation of the Record of Decision.
Provides that amounts deposited into the Fund for specific purposes shall be expended for those purposes only and shall not be subject to appropriation. Requires specified deposits to the Fund from: (1) the capital component of payments made pursuant to long-term contracts with the Bureau of Reclamation by Central Valley Project (CVP) water and power contractors; and (2) non-federal funds contributed to the United States for implementation of the Record of Decision or federal funds appropriated to the Trinity River Restoration Fund.
Makes federal costs of implementing this Act nonreimburseable under federal reclamation law.
Sets forth provisions regarding: (1) funding in the event Central Valley Project (CVP) capital repayments fall below necessary levels; (2) biennial summary reports from the Secretary; (3) required cost of living adjustments; and (4) a reduction of CVP's capital repayment obligation by the amount paid into the Fund. | {"src": "billsum_train", "title": "To establish the Trinity River Restoration Fund, and for other purposes."} | 1,926 | 298 | 0.745108 | 2.46751 | 0.895079 | 5.623134 | 6.772388 | 0.929104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney-Client Privilege Protection
Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Justice is served when all parties to litigation are
represented by experienced diligent counsel.
(2) Protecting attorney-client privileged communications
from compelled disclosure fosters voluntary compliance with the
law.
(3) To serve the purpose of the attorney-client privilege,
attorneys and clients must have a degree of confidence that
they will not be required to disclose privileged
communications.
(4) The ability of an organization to have effective
compliance programs and to conduct comprehensive internal
investigations is enhanced when there is clarity and
consistency regarding the attorney-client privilege.
(5) Prosecutors, investigators, enforcement officials, and
other officers or employees of Government agencies have been
able to, and can continue to, conduct their work while
respecting attorney-client and work product protections and the
rights of individuals, including seeking and discovering facts
crucial to the investigation and prosecution of organizations.
(6) Despite the existence of these legitimate tools, the
Department of Justice and other agencies have increasingly
employed tactics that undermine the adversarial system of
justice, such as encouraging organizations to waive attorney-
client privilege and work product protections to avoid
indictment or other sanctions.
(7) An indictment can have devastating consequences on an
organization, potentially eliminating the ability of the
organization to survive post-indictment or to dispute the
charges against it at trial.
(8) Waiver demands and other tactics of Government agencies
are encroaching on the constitutional rights and other legal
protections of employees.
(9) The attorney-client privilege, work product doctrine,
and payment of counsel fees shall not be used as devices to
conceal wrongdoing or to cloak advice on evading the law.
(b) Purpose.--It is the purpose of this Act to place on each agency
clear and practical limits designed to preserve the attorney-client
privilege and work product protections available to an organization and
preserve the constitutional rights and other legal protections
available to employees of such an organization.
SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF
COUNSEL FEES AS ELEMENTS OF COOPERATION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3013 the following:
``Sec. 3014. Preservation of fundamental legal protections and rights
in the context of investigations and enforcement matters
regarding organizations
``(a) Definitions.--In this section:
``(1) Attorney-client privilege.--The term `attorney-client
privilege' means the attorney-client privilege as governed by
the principles of the common law, as they may be interpreted by
the courts of the United States in the light of reason and
experience, and the principles of article V of the Federal
Rules of Evidence.
``(2) Attorney work product.--The term `attorney work
product' means materials prepared by or at the direction of an
attorney in anticipation of litigation, particularly any such
materials that contain a mental impression, conclusion,
opinion, or legal theory of that attorney.
``(b) In General.--In any Federal investigation or criminal or
civil enforcement matter, an agent or attorney of the United States
shall not--
``(1) demand, request, or condition treatment on the
disclosure by an organization, or person affiliated with that
organization, of any communication protected by the attorney-
client privilege or any attorney work product;
``(2) condition a civil or criminal charging decision
relating to a organization, or person affiliated with that
organization, on, or use as a factor in determining whether an
organization, or person affiliated with that organization, is
cooperating with the Government--
``(A) any valid assertion of the attorney-client
privilege or privilege for attorney work product;
``(B) the provision of counsel to, or contribution
to the legal defense fees or expenses of, an employee
of that organization;
``(C) the entry into a joint defense, information
sharing, or common interest agreement with an employee
of that organization if the organization determines it
has a common interest in defending against the
investigation or enforcement matter;
``(D) the sharing of information relevant to the
investigation or enforcement matter with an employee of
that organization; or
``(E) a failure to terminate the employment of or
otherwise sanction any employee of that organization
because of the decision by that employee to exercise
the constitutional rights or other legal protections of
that employee in response to a Government request; or
``(3) demand or request that an organization, or person
affiliated with that organization, not take any action
described in paragraph (2).
``(c) Inapplicability.--Nothing in this Act shall prohibit an agent
or attorney of the United States from requesting or seeking any
communication or material that such agent or attorney reasonably
believes is not entitled to protection under the attorney-client
privilege or attorney work product doctrine.
``(d) Voluntary Disclosures.--Nothing in this Act is intended to
prohibit an organization from making, or an agent or attorney of the
United States from accepting, a voluntary and unsolicited offer to
share the internal investigation materials of such organization.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Preservation of fundamental legal protections and rights in the
context of investigations and enforcement
matters regarding organizations.''. | Attorney-Client Privilege Protection Act of 2006 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, from demanding, requesting, or conditioning treatment on the disclosure by an organization (or affiliated person) of any communication protected by the attorney-client privilege or any attorney work product.
Prohibits a U.S. agent or attorney from conditioning a civil or criminal charging decision relating to an organization (or affiliated person) on one or more specified actions, or from using one or more such actions as a factor in determining whether an organization or affiliated person is cooperating with the government.
Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the attorney-client privilege or privilege for attorney work product; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, an employee of the organization; (3) entry into a joint-defense, information-sharing, or common-interest agreement with an employee of the organization if the organization determines it has a common interest in defending against the investigation or enforcement matter; (4) the sharing of relevant information with an employee; or (5) a failure to terminate an employee's employment, or otherwise sanction an employee, because of the employee's decision to exercise his or her constitutional rights or other legal protections in response to a government request.
Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action. | {"src": "billsum_train", "title": "A bill to provide appropriate protection to attorney-client privileged communications and attorney work product."} | 1,223 | 354 | 0.540782 | 1.683559 | 0.728857 | 3.64557 | 3.693038 | 0.917722 |
S.
The President of the United States is authorized to prohibit the
importation of diamonds or diamond jewelry exported from any country
except for rough diamonds whose country of origin has been certified as
either the Republic of Angola or the Republic of Sierra Leone under the
Certificate of Origin regimes described in section 103 (a) (1) or (2),
if there are reasonable grounds to believe that such prohibition is
necessary to carry out U.N. Security Council Resolution 1173, 1306, or
1344, or any other Resolution banning the exportation or importation of
conflict diamonds.
SEC. 105. IMPLEMENTING MEASURES.
(a) The Secretary of the Treasury of the United States is
authorized to make such rules and regulations as may be necessary to
carry out the provisions of this Act. The public will be notified and
given an opportunity of at least 30 days to comment on all proposed
rules and regulations before they take effect.
(b) These regulations will provide that an importer is entitled to
rely on the country of origin marking that is required under 19 U.S.C.
Sec. 1304. However, nothing in this Act shall be construed to override
an importer's duty to exercise reasonable care.
(c) No later than six months after the date of enactment of this
Act, the Secretary of the Treasury will issue a list of countries that
are signatories to the international agreement described in title II,
have unilaterally implemented a certification system containing the
elements described in subsection (b) of section 203, or are found to be
``cooperating'' countries as defined in this subsection. The Secretary
of the Treasury will revise and update this list as necessary. For
purposes of this subsection, the Secretary of the Treasury will find
that a country is ``cooperating'' if it is acting in good faith to
establish and enforce a unilateral certification system meeting the
standards described in subsection (b) of section 203 or taking action
to ensure that it is not facilitating trade in conflict diamonds. The
Secretary of the Treasury, in consultation with appropriate agencies,
shall develop and publish criteria that will be used to evaluate
whether a country will be deemed a cooperating country. These criteria
will be subject to public notice and comment before adoption in final
form.
(d) The Secretary of the Treasury may extend cooperating country
status for more than six months after the initial designation, but
shall provide to Congress an explanation of the reasons for why such an
extension is necessary.
(e) The President of the United States shall ensure that
implementation of and compliance with title I of this Act is monitored
by appropriate agencies or by an independent body.
SEC. 106. PENALTIES FOR NONCOMPLIANCE.
(a) Civil and Criminal Penalties.--Any person who enters or
introduces into the commerce of the United States, attempts to enter or
introduce, or aids or abets an attempt to enter or introduce,
merchandise in violation of title I of this Act or the implementing
regulations for title I will be subject to civil and criminal penalties
in effect under the customs laws of the United States, as set forth in
title 19 of the United States Code. The same administrative procedures
and defenses that apply under title 19 of the United States Code will
apply to penalties that are sought to be assessed under this
subsection.
(b) Seizure.--If the Customs Service has reasonable cause to
believe that a person has violated the provisions of subsection (a) of
this section and that seizure is essential to prevent the introduction
of merchandise into the customs territory of the United States whose
importation is prohibited by title I of this Act, then such merchandise
may be seized. Within a reasonable time after any such seizure is made,
the Customs Service will issue to the person concerned a written
statement containing the reasons for the seizure. A person may seek
relief from seizure under the procedures and standards prescribed in 19
U.S.C. Sec. 1618 and the Customs Service regulations that implement
that provision.
(c) Court of International Trade Proceedings.--
(1) Jurisdiction.--Section 1582 of title 28, United States
Code, is amended by amending paragraph (1) to read as follows:
``(1) to recover a civil penalty under section 592, 593A,
641(b)(6), 641(d)(2)(A), 704(i)(2), or 734(i)(2) of the Tariff
Act of 1930.''.
(2) Standard of review.--Notwithstanding any other
provision of law, in any proceeding commenced by the United
States in the Court of International Trade for the recovery of
any monetary penalty under this section, all issues, including
the amount of any penalty, shall be tried de novo.
(d) Proceeds From Fines and Seized Goods.--The proceeds derived
from penalties and seizures under title I of this Act will, in addition
to amounts otherwise available for such purposes, be available only for
programs to assist the victims of conflicts involving illicitly traded
diamonds.
SEC. 107. REPORT TO CONGRESS.
The President of the United States will report to Congress no later
than 180 days after enactment of this Act and annually thereafter on
the implementing measures taken to carry out the provisions of this
title and their effectiveness in stopping imports of conflict diamonds
into the United States.
TITLE II--NEGOTIATION OF AN INTERNATIONAL AGREEMENT TO ELIMINATE TRADE
IN CONFLICT DIAMONDS
SEC. 201. FINDINGS.
The Congress finds that:
(1) The most effective and desirable means of eliminating
international trade in conflict diamonds is through
international cooperative efforts involving governments, the
private sector, civil society, and appropriate international
organizations.
(2) The initiatives of the world diamond industry, as
reflected in the Resolution of the World Federation of Diamond
Bourses and the International Diamond Manufacturers Association
in Antwerp on July 19, 2000, as well as the efforts of the
South African-led Working Group on African Diamonds and the
World Diamond Council in developing proposals for a global
certification system for rough diamonds, are important efforts
at international cooperation and may provide effective
mechanisms that could be incorporated in an international
agreement to eliminate trade in conflict diamonds.
(3) Eliminating imports of rough diamonds from countries
where conflict diamonds are mined, transshipped, or
subsequently shipped into countries where cutting and polishing
occur is the most effective way to eliminate trade in conflict
diamonds.
SEC. 202. SENSE OF CONGRESS--NEGOTIATION OF INTERNATIONAL AGREEMENT.
It is the sense of the Congress that the President should engage in
negotiations on and seek to conclude an international agreement to
eliminate trade in conflict diamonds as soon as possible. The system
implementing this agreement shall be transparent and subject to
independent verification and monitoring. Participants in such an
agreement should include all countries that either export or import
diamonds or diamond jewelry.
SEC. 203. OVERALL NEGOTIATING OBJECTIVE OF THE UNITED STATES AND
ESSENTIAL ELEMENTS OF AN INTERNATIONAL AGREEMENT.
(a) The overall negotiating objective of the United States is to
establish an effective global certification system covering the major
exporting and importing countries of rough diamonds that will eliminate
trade in conflict diamonds.
(b) The elements of an effective global certification system for
rough diamonds that the United States should seek in its negotiations
are as follows:
(1) Rough diamonds, when exported from the country in which
they were extracted, must be sealed in a secure, transparent
container or bag by appropriate government officials of that
country.
(2) The sealed container described in paragraph (1) must
include a fully visible government document certifying the
country of extraction and recording a unique export
registration number and the total carat weight of the rough
diamonds enclosed.
(3) A database containing information described in
paragraph (2) must be established for rough diamond exports in
each exporting country, including countries engaged in the re-
export of rough diamonds.
(4) No country may allow importation of rough diamonds
unless they are sealed in a secure, transparent container that
includes a fully visible document that states a unique export
registration number for such container and the total carat
weight of the rough diamonds enclosed. The legitimacy of such
document must be verified by electronic or other reliable means
with the database maintained in the country of export.
(5) Provisions shall be made for physical inspection of
sealed containers of rough diamonds by appropriate authorities.
(6) Diamonds may be freely imported and exported from a
country that implements and enforces a rough diamond
certification system that contains the elements specified in
paragraphs (1) through (5), or a system that is its functional
equivalent, provided that the country of extraction need only
be specified when rough diamonds are exported from such country
and need not be specified when rough diamonds are exported from
a country that implements and enforces such a rough diamond
certification system.
SEC. 204. CONSULTATIONS WITH CONGRESS.
The President of the United States shall consult periodically with
Congress in developing and negotiating proposals for an international
agreement as described in sections 202 and 203.
SEC. 205. REPORT TO CONGRESS.
The President of the United States will provide a written report to
Congress no later than 180 days after enactment of this Act and
annually thereafter on the progress made towards concluding an
international agreement and the progress of the signatories to that
agreement in implementing it, including which countries are not
implementing it and the effects of their actions on trade in conflict
diamonds. Each report shall also describe any technological advances
that permit determining a diamond's origin, marking a diamond, and
tracking it.
SEC. 206. IMPLEMENTING LEGISLATION.
The President of the United States will submit to Congress a draft
bill implementing the provisions of any agreement that is negotiated no
later than 60 calendar days after entering into that agreement.
SEC. 207. EFFECTIVE DATE.
Title I will apply with respect to articles entered, or withdrawn
from warehouse for consumption, six months after the date of enactment
of this Act. Title II will take effect on the date of enactment of this
Act.
TITLE III--OTHER PROVISIONS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Such sums as may be necessary are hereby authorized to be
appropriated to implement the provisions of this Act, including such
sums as are necessary to assist the governments of Sierra Leone and
Angola to establish and maintain a diamond certification system.
SEC. 302. SEVERABILITY.
If any provision of this Act or the application of such provision
to any person or circumstance is held invalid, it is the intent of
Congress that the remainder of this Act and application of such
provision to other persons or circumstances will not be affected
thereby.
SEC. 303. GAO REPORT.
The General Accounting Office shall report to Congress on the
effectiveness of this Act no later than three years after the date of
enactment of this Act. | Conflict Diamonds Act of 2001 - Prohibits a person from entering, or aiding or abetting any attempt to enter, into the U.S. customs territory any diamond (including one set in jewelry) that has been mined in, or mined and set in, and exported directly from, the Republic of Sierra Leone, the Republic of Angola, or the Republic of Liberia, except for one whose country of origin has been certified as Sierra Leone or Angola by their internationally recognized governments in accordance with specified United Nations Security Council resolutions.Prohibits a person from entering, or aiding or abetting any attempt to enter, into the U.S. customs territory any diamond directly from a country that is subject to a similar UN Security Council resolution, or that: (1) is not a signatory to an international agreement that establishes a certification system for exports and imports of rough diamonds; (2) that has not unilaterally implemented such a system; or (3) that is not a "cooperating country" (a country that is acting in good faith to establish and enforce a unilateral certification system meeting certain standards or taking action to ensure that it is not facilitating trade in conflict diamonds).Authorizes the President to prohibit the importation of diamonds or diamond jewelry exported from any country except for rough diamonds whose country of origin has been certified as either Angola or Sierra Leone, if there are reasonable grounds to believe that such prohibition is necessary to carry out certain UN Security Council resolutions banning the exportation or importation of conflict diamonds, that is, diamonds that have at any time been in the possession of any person belonging to or associated with armed insurgents, rebel forces, or any other movement using violence against civilians or internationally recognized governments.Sets forth both civil and criminal penalties for violations of this Act.Expresses the sense of Congress that the President should engage in negotiations to conclude an international agreement to eliminate trade in conflict diamonds as soon as possible.Declares that the overall negotiating objective of the United States is to establish an effective global certification system covering the major exporting and importing countries of rough diamonds that will eliminate trade in conflict diamonds. | {"src": "billsum_train", "title": "A bill to prohibit the importation of diamonds from countries that have not become signatories to an international agreement establishing a certification system for exports and imports of rough diamonds or that have not unilaterally implemented a certification system meeting the standards set forth herein."} | 2,397 | 489 | 0.66347 | 2.292031 | 0.744125 | 3.9725 | 5.495 | 0.8725 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raw Sewage Overflow Community Right-
to-Know Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control estimates that there
are 7,100,000 cases of mild to moderate, and 560,000 cases of
moderate to severe, infectious waterborne disease in the United
States each year.
(2) Inadequately treated sewage is filled with bacteria,
viruses, parasites, and worms that make people sick.
(3) People who ingest or inhale inadequately treated sewage
can contract gastroenteritis, hepatitis, giardiasis,
cryptosporidiosis, dysentery, and other gastrointestinal and
respiratory diseases.
(4) Between 1,800,000 and 3,500,000 Americans become sick
every year just from swimming in waters contaminated by
sanitary sewer overflows.
(5) The loss of swimming opportunities (beach closings) due
to pathogen contamination is valued at $1,000,000,000 to
$2,000,000,000 annually in the United States.
(6) Economic losses due to swimming-related illnesses are
estimated at $28,000,000,000 annually.
(7) Many sewer systems do not routinely monitor to detect
sewer overflows or report those that do occur to environmental
or public health agencies.
(8) Better monitoring, reporting, and public notification
of sewer overflows would save millions of Americans from
getting sick every year.
(9) Public health authorities are not routinely notified of
sewer overflows that threaten public health.
SEC. 3. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(24) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include combined sewer overflows or other discharges from the
combined portions of a combined sewer system and does not
include wastewater backups into buildings caused by a blockage
or other malfunction of a building lateral that is privately
owned. Such term includes overflows or releases of wastewater
that reach waters of the United States, overflows or releases
of wastewater that do not reach waters of the United States,
and wastewater backups into buildings that are caused by
blockages or flow conditions in a sanitary sewer other than a
building lateral.''.
SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Sanitary Sewer Overflows.--
``(1) General requirements.--Not later than 1 year after
the date of enactment of this subsection, the owner or operator
of a publicly owned treatment works (as defined in section 212)
under a permit issued under this section--
``(A) must institute and utilize a methodology,
technology, or management program that will alert the
owner or operator to the occurrence of a sanitary sewer
overflow in a timely manner;
``(B) must notify the public of a sanitary sewer
overflow in any area where the overflow has the
potential to affect human health;
``(C) must notify the public as soon as practicable
within 24 hours of the time the owner or operator
becomes aware of the overflow;
``(D) must immediately notify public health
authorities and other affected entities, such as public
water systems, of any sanitary sewer overflow that may
imminently and substantially endanger human health;
``(E) must provide to the Administrator or the
State in the case of a State that has a permit program
approved under this section either an oral or
electronic report as soon as practicable within 24
hours of the time the owner or operator becomes aware
of the overflow;
``(F) must provide to the Administrator or the
State, as the case may be, within 5 days of the time
the owner or operator becomes aware of the overflow a
written report describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, and prevent recurrence of
the overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow;
``(G) must report all sanitary sewer overflows to
waters of the United States on its monthly discharge
monitoring report to the Administrator or the State, as
the case may be; and
``(H) must report to the Administrator or the
State, as the case may be, the total number of such
overflows (including overflows that do not reach any
waters of the United States) in a calendar year,
including the details of how much wastewater was
released per incident, the duration of each overflow,
the location of the overflow and any potentially
affected receiving waters, the responses taken to clean
up the overflow, and the actions taken to mitigate
impacts and avoid further sanitary sewer overflows at
the site.
``(2) Report to epa.--If a State receives a report under
paragraph (1)(H), the State shall report to the Administrator
annually, in summary, the details of reported sanitary sewer
overflows that occurred in that State.''.
SEC. 5. ELIGIBILITY FOR ASSISTANCE.
Section 603(c) of the Federal Water Pollution Control Act (33
U.S.C. 1383(c)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``320 of this Act'' the following:
``, and (4) for the implementation of requirements to monitor,
report, and notify the public of sanitary sewer overflows under
section 402''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums'' and all that
follows through the period at the end and inserting ``$2,200,000,000
for each of fiscal years 2006 through 2012.''. | Raw Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act to direct owners or operators of publicly owned treatment works to: (1) institute an alert system for sanitary sewer overflows; (2) notify the public of such overflows in areas where human health is potentially affected within 24 hours; (3) immediately notify public health authorities and other affected entities; and (4) provide specified reports to the Administrator of the Environmental Protection Agency (EPA) or the State.
Makes the alert systems eligible for State water pollution control revolving fund assistance. Authorizes appropriations for such fund through FY 2012. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes."} | 1,399 | 135 | 0.453153 | 1.3927 | 0.684933 | 2.270492 | 10.237705 | 0.844262 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Childhood Education
Professional Improvement Act of 2013''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide assistance to States to
improve the knowledge, credentials, compensation, and professional
development of early childhood educators working with children in early
childhood education programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``early childhood education program'' means a
Head Start Program carried out under the Head Start Act (42
U.S.C. 9831 et seq.), a State-funded prekindergarten program, a
licensed child care serving prekindergarten children, and
special education preschool.
(2) The term ``institution of higher education'' has the
meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 4. PROGRAM AUTHORIZED.
The Secretary of Education, in consultation with the Secretary of
Health and Human Services, is authorized to award grants to States to
implement and administer the activities described in section 6.
SEC. 5. APPLICATIONS.
(a) In General.--Each State desiring a grant under this Act shall
submit an application to the Secretary of Education at such time, in
such manner, and accompanied by such information as the Secretary may
reasonably require.
(b) Contents.--Each application submitted under subsection (a)
shall include a description of the State's comprehensive early
childhood professional development system, including the following:
(1) A description of how the State's system was developed
in collaboration with the State Advisory Council on Early
Childhood Education and Care designated or established under
section 642B of the Head Start Act, the State agency
responsible for administering childcare, the State Head Start
collaboration director, the State educational agency,
institutions of higher education, organizations that represent
early childhood educators, and credible early childhood
education professional organizations.
(2) A designation of a State agency to administer the grant
program.
(3) A description of how the State's system provides--
(A) an oversight structure for the system;
(B) professional standards and competencies;
(C) a career lattice;
(D) coordination with State higher education
agencies, higher education accrediting bodies, and
accredited two- and four-year institutions of higher
education;
(E) encouragement of articulation agreements
between two- and four-year institutions of higher
education and credit-bearing opportunities and
articulation agreements that recognize prior learning
and expertise;
(F) more accessible higher education for working
learners through offering of college courses at
accessible time and locations, with particular
attention to rural areas;
(G) support to adult learners who are dual language
learners, or come from low-income or minority
communities;
(H) use of workforce data to assess the State's
workforce needs; and
(I) its financing over time.
SEC. 6. STATE USE OF FUNDS.
A State that receives a grant under this Act shall ensure that
grant funds are used to carry out the following:
(1) To provide scholarships to cover the costs of tuition,
fees, materials, transportation, paid substitutes, and release
time for preschool teachers employed in an early childhood
education program to pursue a bachelor's degree in early
childhood education or a closely related field.
(2) To support preschool teachers employed in an early
childhood education program, and who have obtained a bachelor's
degree in a field other than early childhood education or a
closely related field, to attain a credential, licensure, or
endorsement that demonstrates competence in early childhood
education.
(3) To increase compensation for teachers who are enrolled
and making progress toward a degree in early childhood
education and to provide parity of compensation upon completion
of such degree and retention in the early childhood education
program.
(4) To provide ongoing professional development
opportunities to preschool teachers and teacher assistants
employed in an early childhood education program that address--
(A) all areas of child development and learning
(cognitive, social, emotional, and physical);
(B) teacher-child interaction;
(C) family engagement; and
(D) cultural competence for working with a
diversity of children (including children with special
needs and dual language learners) and families.
SEC. 7. SUPPLEMENT NOT SUPPLANT.
Grant funds provided under this Act shall supplement, and not
supplant, other Federal, State, and local funds that are available for
early childhood educator preparation and professional development.
SEC. 8. MAINTENANCE OF EFFORT.
A State that receives funds under this Act for a fiscal year shall
maintain the fiscal effort provided by the State for the activities
supported by the funds under this Act at a level equal to or greater
than the level of such fiscal effort for the preceding fiscal year.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal years 2014 through 2019. | Early Childhood Education Professional Improvement Act of 2013 - Authorizes the Secretary of Education to award grants to states to: provide scholarships that enable preschool teachers employed in an early childhood education program to pursue a bachelor's degree in early childhood education or a closely related field; support preschool teachers employed in an early childhood education program to attain a credential, licensure, or endorsement that demonstrates competence in early childhood education if their bachelor's degree is not in that or a closely related field; increase the compensation of teachers who are making progress toward a degree in early childhood education or who have attained that degree; and provide ongoing professional development opportunities to preschool teachers and teacher assistants employed in an early childhood education program. Requires each state that desires a grant to include a description of its comprehensive early childhood professional development system in its application. Requires grant recipients to maintain their fiscal effort for the activities supported by the grant funds for a fiscal year at levels equal to or greater than their fiscal effort for such activities during the preceding fiscal year. | {"src": "billsum_train", "title": "Early Childhood Education Professional Improvement Act of 2013"} | 1,076 | 224 | 0.58698 | 1.521227 | 1.026184 | 4.288557 | 5.208955 | 0.905473 |
AND REPORT.
(a) Funding Resolution and Report.--(1) The funding resolution
first reported by each committee of the Senate in 1994, and thereafter
for the first session of each Congress, shall include, and the first
funding resolution introduced by each committee of the House of
Representatives (and referred to the Committee on House Administration)
for such year and thereafter for the first session of each Congress
shall include, a section setting forth the committee's plan for
reexamination of programs under this title. Such plan shall include
each of the following matters:
(A) The programs to be reexamined and the reasons for their
selection.
(B) The scheduled completion date for each program
reexamination, which date shall not be later than the end of
the Congress preceding the Congress in which the
reauthorization date applicable to a program occurs as provided
in section 101(b), unless the committee explains in a statement
in the report accompanying its proposed funding resolution (in
the Senate), or in a statement supplied by the respective
committee and included in the report of the Committee on House
Administration (in the House of Representatives), the reasons
for a later completion date, except that reports on programs
scheduled for reauthorization during the 103d Congress and
selected for reexamination in a committee's plan adopted in
1993 may be submitted at any time on or before February 15,
1994.
(C) The estimated cost for each reexamination.
(2) The report accompanying the funding resolution reported by each
committee of the Senate in 1993 and thereafter for the first session of
each Congress, shall include, and the report accompanying the funding
resolution reported by the Committee on House Administration with
respect to each committee of the House of Representatives shall
include, a statement of that committee, with respect to each
reexamination in its plan, of each of the following matters:
(A) A description of the components of the reexamination.
(B) A statement of whether the reexamination is to be
conducted (i) by the committee, or (ii) at the request and
under the direction of or under contract with the committee, as
the case may be, by one or more instrumentalities of the
legislative branch, one or more instrumentalities of the
executive branch, or one or more nongovernmental organizations,
or (iii) by a combination of the foregoing.
(3) It shall not be in order to consider a funding resolution with
respect to a committee of the Senate or the House of Representatives in
1993, and thereafter for the first session of a Congress, unless--
(A) such resolution includes a section containing the
information described in paragraph (1) and the report
accompanying such resolution contains the information described
in paragraph (2); and
(B) the report required by subsection (c) with respect to
each program reexamination scheduled for completion during the
preceding Congress by such committee has been submitted for
printing.
(4) It shall not be in order to consider an amendment to the
section of a funding resolution described in paragraph (1) reported by
a committee of the Senate for a year, or reported by the Committee on
House Administration with respect to a committee of the House of
Representatives for a year--
(A) if such amendment would require reexamination of a
program which has been reexamined by such committee under this
section during any of the five preceding years;
(B) if such amendment would cause such section not to
contain the information described in paragraph (1) with respect
to each program to be reexamined by such committee; or
(C) if notice of intention to propose such amendment has
not been given to such committee and, in the case of an
amendment in the Senate, to the Committee on Rules and
Administration of the Senate, or, in the case of an amendment
in the House of Representatives, to the Committee on House
Administration, not later than January 20 of the calendar year
in which such year begins or the first day of the session of
the Congress in which such year begins, whichever is later.
The notice required by subparagraph (C) shall include the substance of
the amendment intended to be proposed, and, if such amendment would add
one or more programs to be reexamined, shall include the information
described in paragraphs (1) and (2) with respect to each such program.
Subparagraph (C) shall not apply to amendments proposed by such
committee or by the Committee on Rules and Administration or House
Administration, as the case may be.
(b) Consultation With Other Committees.--In order to achieve
coordination of program reexamination each committee shall, in
preparing each reexamination plan required by subsection (a), consult
with appropriate committees of the Senate or appropriate committees of
the House of Representatives, as the case may be, and shall inform
itself of related activities of and support or assistance that may be
provided by (1) the General Accounting Office, the Congressional Budget
Office, the Congressional Research Service, and the Office of
Technology Assessment, and (2) appropriate instrumentalities in the
executive and judicial branches.
(c) Committee Reports.--Each committee shall prepare and have
printed a report with respect to each reexamination completed under
this title. Each such report shall be delivered to the Secretary of the
Senate or the Clerk of the House of Representatives, as the case may
be, not later than the date specified in the resolution and printed as
a Senate or House document, accordingly. To the extent permitted by law
or regulation, such number of additional copies as the committee may
order shall be printed for the use of the committee. If two or more
committees have legislative jurisdiction over the same program or
portions of the same program, such committees may reexamine such
program jointly and submit a joint report with respect to such
reexamination.
(d) Contents of Committee Report.--The report pursuant to
subsection (c) shall set forth the findings, recommendations, and
justifications with respect to the program, and shall include to the
extent the committee deems appropriate, each of the following matters:
(1) An identification of the objectives intended for the
program and the problem it was intended to address.
(2) An identification of any trends, developments, and
emerging conditions which are likely to affect the future
nature and extent of the problems or needs which the program is
intended to address and an assessment of the potential primary
and secondary effects of the proposed program.
(3) An identification of any other program having
potentially conflicting or duplicative objectives.
(4) A statement of the number and types of beneficiaries or
persons served by the program.
(5) An assessment of the effectiveness of the program and
the degrees to which the original objectives of the program or
group of programs have been achieved.
(6) An assessment of the cost effectiveness of the program,
including where appropriate, a cost-benefit analysis of the
operation of the program.
(7) An assessment of the relative merits of alternative
methods which could be considered to achieve the purposes of
the program.
(8) Information on the regulatory, privacy, and paperwork
impacts of the program.
(e) Title I Satisfied.--A report submitted pursuant to this section
shall be deemed to satisfy the reauthorization review requirements of
title I.
SEC. 303. EXECUTIVE REVIEW.
Each department or agency of the executive branch which is
responsible for the administration of a program selected for
reexamination pursuant to this title shall, not later than 6 months
before the completion date specified for reexamination reports pursuant
to section 302(a)(1)(B), submit to the Office of Management and Budget
and to the appropriate committee or committees of the Senate and the
House of Representatives a report of its findings, recommendations, and
justifications with respect to each of the matters set forth in section
302(d), and the Office of Management and Budget shall submit to such
committee or committees such comments as it deems appropriate.
SEC. 304. DEFINITIONS.
For the purposes of this title--
(1) the term ``funding resolution'' means, with respect to
each committee of the House of Representatives, the primary
funding resolution for such committee which is effective for
the duration of a Congress; and
(2) an amendment to a funding resolution includes a
resolution of the Senate which amends such funding resolution.
TITLE IV--MISCELLANEOUS
SEC. 401. AGENCY APPROPRIATIONS REQUESTS.
Section 1108(e) of title 31, United States Code, is amended by
inserting before the period a comma and ``or at the request of a
committee of either House of Congress presented after the day on which
the President transmits the budget to the Congress under section 1105
of this title for the fiscal year''.
SEC. 402. NONDISCLOSURE.
Nothing in this Act shall require the public disclosure of matters
that are specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national defense
or foreign policy and are in fact properly classified pursuant to such
Executive order, or which are otherwise specifically protected by law.
SEC. 403. RULEMAKING.
The provisions of this section and sections 101(a), 101(b),
101(c)(1), 101(c)(2), 101(c)(5), 102, 104(b), 104(c), 104(d), 104(e),
104(f), title III (except section 303), section 405, and section 406 of
this Act are enacted by the Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
SEC. 404. EXECUTIVE ASSISTANCE AND REGULATORY DUPLICATION AND CONFLICTS
REPORT.
(a) Executive Assistance.--(1) To assist in the review or
reexamination of a program, the head of an agency which administers
such program and the head of any other agency, when requested, shall
provide to each committee of the Senate and the House of
Representatives which has legislative jurisdiction over such program
such studies, information, analyses, reports, and assistance as the
committee may request.
(2) Not later than 6 months before the first reauthorization date
specified for a program in section 101(b) the head of the agency which
administers such program or the head of any other agency, when
requested by a committee of the Senate or the House of Representatives,
shall conduct a review of those regulations currently promulgated and
in use by that agency which the committee specifically has requested be
reviewed and submit a report to the Senate or the House of
Representatives as the case may be, setting forth the regulations that
agency intends to retain, eliminate, or modify if the program is
reauthorized and stating the basis for its decision.
(3) On or before October 1 of the year preceding the beginning of
the Congress in which occurs the reauthorization date for a program,
the Comptroller General shall furnish to each committee of the Senate
and the House of Representatives which has legislative jurisdiction
over such program a listing of the prior audits and reviews of such
program completed during the preceding 6 years.
(4) Consistent with the discharge of the duties and functions
imposed by law on them or their respective Offices or Service, the
Comptroller General, the Director of the Congressional Budget Office,
the Director of the Office of Technology Assessment, and the Director
of the Congressional Research Service shall furnish to each committee
of the Senate and the House of Representatives such information,
analyses, and reports as the committee may request to assist it in
conducting reviews or evaluations of programs.
(b) Regulatory Duplication and Conflict Report.--(1) On or before
October 1 of the year preceding the beginning of the Congress in which
occurs the reauthorization date for a program, the President, with the
cooperation of the head of each appropriate agency, shall submit to the
Congress a ``Regulatory Duplication and Conflict Report'' for all such
programs scheduled for reauthorization in the next Congress.
(2) Each such regulatory duplication and conflicts report shall--
(A) identify regulatory policies, including data collection
requirements, of such programs or the agencies which administer
them, which duplicate or conflict with each other or with rules
or regulations or regulatory policies of other programs or
agencies, and identify the provisions of law which authorize or
require such duplicative or conflicting regulatory policies or
the promulgation of such duplicative or conflicting rules or
regulations;
(B) identify the regulatory policies, including data
collection requirements, of such programs which are, or which
tend to be, duplicative of or in conflict with rules or
regulations or regulatory policies of State or local
governments; and
(C) contain recommendations which address the conflicts or
duplications identified in subparagraphs (A) and (B).
(3) The regulatory duplication and conflicts report submitted by
the President pursuant to this subsection shall be referred to the
committee or committees of the House of Representatives and the Senate
with legislative jurisdiction over the programs affected by the
reports.
SEC. 405. SUNSET REAUTHORIZATION BILL.
(a) Committee Introduction.--Not later than 15 days after the
beginning of the second regular session of the Congress in which occurs
the reauthorization date applicable to a program under section 101(b),
the chairmen of the committees of the Senate and the House of
Representatives having legislative jurisdiction over such programs
shall introduce, in their respective Houses, a bill which, if enacted
into law, would constitute a required authorization (as defined in
section 101(c)(1)(B)), and such a bill (hereafter in this section
referred to as a ``sunset reauthorization bill'') shall be referred to
the appropriate committee of the Senate or the House of
Representatives, as the case may be. This subsection shall not apply in
the case of a program which has been reauthorized by a required
authorization which was signed into law by the President prior to 15
days after the beginning of the second regular session of the Congress
in which occurs the reauthorization date applicable to such program.
(b) Discharge for Failure To Consider.--If the committee to which a
sunset reauthorization bill for a program has not reported such bill by
May 15 of the year in which the reauthorization date for such program
occurs, and no other bill which would constitute a required
authorization for such program has been enacted into law by that date,
it is in order to move to discharge the committee from further
consideration of the sunset reauthorization bill at any time
thereafter.
(c) Discharge Procedures.--The provisions of section 912(a) of
title 5, United States Code, as it relates to the discharge of
resolutions of disapproval on reorganization plans, shall apply to
motions to discharge sunset reauthorization bills, and the provisions
of subsections (b)(2), (c) (2) through (5), and (d) of section 1017 of
the Impoundment Control Act of 1974, insofar as they relate to the
consideration of rescission bills shall apply to the consideration of
such sunset reauthorization bills, amendments thereto, motions and
appeals with respect thereto, and conference reports thereon.
SEC. 406. COMMITTEE JURISDICTION OVER ACT.
The Committees on Governmental Affairs and on Rules and
Administration of the Senate and the Committees on Government
Operations and on Rules of the House of Representatives shall review
the operation of the procedures established by this Act, and shall
submit a report not later than December 31, 1998, and each 5 years
thereafter, setting forth their findings and recommendations. Such
reviews and reports may be conducted jointly.
SEC. 407. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal years ending
before October 1, 2003, such sums as may be necessary to carry out the
review requirement of titles I and III and the requirements for the
compilation of the inventory of Federal programs as set forth in title
II.
S 186 RIS----2
S 186 RIS----3 | TABLE OF CONTENTS:
Title I: Reauthorization of Government Programs
Title II: Program Inventory
Title III: Program Reexamination
Title IV: Miscellaneous
Spending Control and Programs Evaluation Act of 1993 -
Title I: Reauthorizations of Government Programs
- Requires each Government program to be reauthorized at least once during each sunset reauthorization cycle. (Sunset reauthorization cycle means the period of five Congresses beginning with the 103d Congress and with each sixth Congress following the 103d Congress.)
Sets forth the procedure in the House of Representatives and the Senate for the consideration of any legislation which authorizes new budget authority.
Subjects to congressional review only those programs which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution and specified social security and retirement pay and benefits.
Title II: Program Inventory
- Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs to advise and assist the Congress in carrying out titles I and III of this Act.
Directs the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and to suggest revisions. Requires that the program inventory be revised at the end of each session of the Congress and that such revisions be reported to each House.
Requires the Director of the Congressional Budget Office and the Comptroller General to include in certain reports to the Congress an assessment of the adequacy of functional and subfunctional categories for grouping programs of like missions or objectives.
Title III: Program Reexamination
- Establishes a procedure for each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction.
Title IV: Miscellaneous
- Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a regulatory duplication and conflicts report for all programs scheduled for reauthorization in the next Congress.
Requires appropriate congressional committees to introduce a sunset reauthorization bill not later than 15 days after the beginning of the second regular session of the Congress. Sets forth discharge procedures to apply to motions to discharge such bills.
Requires specified congressional committees to report on a review of the procedures established under this Act by December 31, 1998, and every five years thereafter.
Authorizes appropriations for fiscal years ending before October 1, 2003. | {"src": "billsum_train", "title": "Spending Control and Programs Evaluation Act of 1993"} | 3,584 | 553 | 0.624954 | 1.965763 | 0.69719 | 2.418259 | 7.084926 | 0.842887 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) in virtually every sector of society--health, defense,
transportation, agriculture, etc.--research is used to guide
policy choices;
(2) in education, however, research has not been
effectively utilized as a tool for informing policy and guiding
reform, with less than 0.03 percent of the $647,800,000,000
spent on elementary and secondary education invested in
research of what educational techniques actually work and on
ways to improve teaching;
(3) the 1997 President's Committee of Advisors on Science
and Technology (PCAST) report entitled ``The Use of Technology
to Strengthen K-12 Education in the United States'' recommended
that our education research investment be increased to 0.5
percent and that educational hypotheses be subjected to
appropriately rigorous evaluation;
(4) a significant body of research and knowledge on the
science of learning currently exists; however, educational
materials and practices are rarely aligned to this knowledge,
and new education theories are often incorporated in classrooms
on the basis of only tenuously supported data;
(5) a cultural divide between education researchers and
education practitioners--such as teachers--currently exists;
(6) an expert panel convened by the National Research
Council recommended in 1999 that more education research be
focused on issues of importance to education practitioners and
be conducted by teams of both traditional researchers and
teachers and other education practitioners;
(7) the education research effort to date is typified by a
largely scattershot approach, with little coordination of the
research effort or focus on particularly compelling questions;
and
(8) a 1999 report from the National Research Council
entitled ``Improving Student Learning'' recommended the
adoption of a national, strategic education research program
that would focus efforts on a limited number of the most
critically important research questions.
SEC. 2. RESEARCH ON LEARNING.
(a) In General.--For the purpose of integrating scientific
disciplines in relation to research on learning, and gaining a better
understanding of how such research and educational practice can be
reconciled, the National Science Foundation shall continue to support
research on learning, focusing on the following 4 areas:
(1) Brain research as a foundation for research on human
learning.
(2) Behavioral, cognitive, affective, and social aspects of
human learning.
(3) Science, mathematics, engineering, and technological
learning in formal and informal educational settings.
(4) Learning in complex educational systems.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year
2003, and $37,000,000 for fiscal year 2004.
SEC. 3. RESEARCH ON LEARNING CENTERS.
(a) Development of Research Priorities.--The Director of the
National Science Foundation (in this Act referred to as the
``Director''), in consultation with the National Academy of Sciences,
shall review past research on learning, assess current research
efforts, and not later than 120 days after the date of the enactment of
this Act develop a set of specific education research priorities to
provide the strategic focus of the Centers established under subsection
(b). The Director shall ensure that the development of such priorities
is informed by the most pressing needs of the education system.
(b) Establishment of Centers.--The Director shall make grants for
the establishment of not more than 5 Centers of Research on Learning.
The purpose of these Centers shall be to integrate the work of
multidisciplinary teams of researchers, education practitioners, and
policymakers to support the research priorities developed under
subsection (a), and to facilitate the incorporation of the results of
that research into educational practice. Grant awards under this
subsection shall be made through an open, peer-reviewed competition.
(c) Strategic Focus of Centers.--Each Center shall focus on
addressing one of the specific education research priorities developed
by the Director under subsection (a).
(d) Activities of Centers.--The Centers shall promote active
collaborations among physical, biological, and social science
researchers, education practitioners, and policymakers. The Centers
shall be responsible for--
(1) evaluating existing research and designing, conducting,
or coordinating research that addresses the Center's strategic
focus;
(2) stimulating research in relevant areas within the
larger research community and synthesizing the findings from
among this community;
(3) planning future research;
(4) facilitating the dissemination of research results to
education practitioners and the incorporation of those research
results into the education system; and
(5) assessing the impact of the incorporation of research
results described in paragraph (4) on student performance.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $3,000,000 for fiscal year 2002, $6,000,000 for fiscal year
2003, and $6,000,000 for fiscal year 2004.
SEC. 4. INTERAGENCY EDUCATION RESEARCH INITIATIVE.
There are authorized to be appropriated to the National Science
Foundation for participation in the Interagency Education Research
Initiative, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal
year 2003, and $33,000,000 for fiscal year 2004. | Requires the National Science Foundation (NSF), for the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, to continue to support such research, focusing on: (1) brain research as a foundation for research on learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in educational settings; and (4) learning in complex educational systems.Requires the Director of the NSF to review past research on learning, assess current research efforts, and develop a set of specific education research priorities to provide the strategic focus of the Centers of Research on Learning established by this Act. Requires the Director to make grants for the establishment of not more than five such Centers to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed, and to facilitate the incorporation of research results into educational practice.Authorizes appropriations for NSF participation in the Interagency Education Research Initiative. | {"src": "billsum_train", "title": "To authorize the National Science Foundation to undertake certain activities in support of research on learning."} | 1,101 | 235 | 0.586786 | 1.828479 | 1.135974 | 6.679426 | 5.062201 | 0.956938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Well by Using Your Patient
Protection and Affordable Care Act Plan''.
SEC. 2. OUTREACH TO CERTAIN INDIVIDUALS ON CERTAIN HEALTH INSURANCE
INFORMATION.
(a) In General.--Beginning not later than 90 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall conduct outreach efforts to provide, using the most effective
means (as determined by the Secretary), the health insurance
information described in subsection (b) to--
(1) individuals enrolled in qualified health plans offered
through an Exchange established under title I of the Patient
Protection and Affordable Care Act (Public Law 111-148); and
(2) individuals enrolled in State plans (or under a waiver
of such a plan) under the Medicaid program under title XIX of
the Social Security Act.
(b) Information Described.--For purposes of subsection (a), the
information described in this subsection is any information, the
availability of which the Secretary of Health and Human Services
determines will encourage the utilization of primary care or preventive
services by the individuals described in such subsection, including the
following:
(1) Information on the extent to which the essential health
benefits specified in section 1302(b)(1) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)) are
provided by a plan described in subsection (a).
(2) Information on which preventive health services are
covered under such a plan without the application of any cost-
sharing (such as a copayment or coinsurance), including
screenings for certain conditions such as diabetes and high
blood pressure, vaccinations for adults against influenza,
measles, mumps, rubella, and other infectious diseases, and
well-woman visits.
(3) With respect to qualified health plans described in
subsection (a)(1), the following information presented in a
manner that allows for comparison of plans within each State:
(A) Information on the rates of reimbursement
recognized under each such qualified health plan with
respect to items and services (as specified by the
Secretary) that are furnished to individuals enrolled
in such plan by health care providers participating in
the network of the plan, such as rates of reimbursement
applicable to emergency care services, laboratory
tests, diagnostic tests, and physician services.
(B) Information on any cost-sharing required under
each such plan with respect to such items and services
furnished to such individuals by such providers and an
explanation on the extent to which such cost-sharing is
based on such recognized rates of reimbursement.
(C) A statement that--
(i) the rates of reimbursement that are
collectable by health care providers not
participating in the network of such a plan for
furnishing such items and services to such
individuals may be more than the rates of
reimbursement recognized under such plan for
such items and services furnished to such
individuals by health care providers
participating in the network of such plan; and
(ii) any cost-sharing required under such a
plan with respect to such items and services
furnished to such individuals by health care
providers not participating in the network of
such plan may be more than such cost-sharing
with respect to such items and services
furnished to such individuals by health care
providers participating in the network of such
plan.
(4) An explanation of basic health insurance terms (as
determined by the Secretary), including deductibles, cost-
sharing, copayment, and coinsurance, and the application of
such terms to an individual enrolled in a plan described in
subsection (a), illustrated with examples of the application of
such terms with respect to such individuals under different
circumstances and in different health care settings.
(c) Report on Out-of-Pocket Costs.--Not later than 180 days after
the date of the enactment of this Act, with respect to the most recent
plan year for which information is available, the Secretary of Health
and Human Services shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that--
(1) contains information, for each State (including the
District of Columbia), on the median cost-sharing
responsibility, with respect to qualified health plans offered
through an Exchange in such State, of health care services--
(A) the number of which and types of which are
determined appropriate by the Secretary to be included
in the report; and
(B) that have been identified by the Secretary as
services--
(i) for which, with respect to such plan
year, payment may only be made under such a
plan after satisfaction of the deductible
applicable under such plan; and
(ii) for which reimbursement under such
plan is made most frequently during such plan
year; and
(2) describes the best method for making the information
referred to in paragraph (1) available to the public. | Keeping Well by Using Your Patient Protection and Affordable Care Act Plan- Directs the Secretary of Health and Human Services (HHS) to conduct outreach efforts to provide specified health information to: (1) individuals enrolled in qualified health plans offered through an Exchange established under the Patient Protection and Affordable Care Act (PPACA), and (2) individuals enrolled in state plans (or under a waiver of such a plan) under title XIX (Medicaid) of the Social Security Act. Directs the Secretary to report to Congress on: (1) the median cost-sharing responsibility of health services under qualified health plans offered through an Exchange in each state, and (2) the best method for making such information public. | {"src": "billsum_train", "title": "Keeping Well by Using Your Patient Protection and Affordable Care Act Plan"} | 1,032 | 144 | 0.640243 | 1.679419 | 0.756501 | 4.949275 | 7.449275 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced 529 - Setting Aside for a
Valuable Education Act'' or the ``Enhanced 529 - S.A.V.E. Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS.
(a) In General.--Paragraph (1) of section 25B(d) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (B)(ii), by striking the period at the end of subparagraph
(C) and inserting ``, and'', and by adding at the end the following new
subparagraph:
``(D) the amount of the contributions to qualified
tuition programs described in paragraph (2) made by the
eligible individual.''.
(b) Contributions to Qualified Tuition Programs.--Subsection (d) of
section 25B of the Internal Revenue Code of 1986 is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
``(2) Contributions to qualified tuition programs.--
``(A) In general.--The term `contributions to
qualified tuition programs' means any purchase or
contribution described in paragraph (1)(A) of section
529(b) to a qualified tuition program (as defined in
such section) if--
``(i) the eligible individual has the power
to authorize distributions and otherwise
administer the account, and
``(ii) the designated beneficiary of such
purchase or contribution is the eligible
individual, the eligible individual's spouse,
or an individual with respect to whom the
eligible individual is allowed a deduction
under section 151.
``(B) Limitation based on compensation.--The amount
treated as a qualified savings contribution by reason
of subparagraph (A) for any taxable year shall not
exceed the sum of--
``(i) the compensation (as defined in
section 219(f)(1)) includible in the eligible
individual's gross income for the taxable year,
and
``(ii) the amount excluded from the
eligible individual's gross income under
section 112 (relating to combat pay) for such
year.
``(C) Determination of adjusted gross income.--
Solely for purposes of determining the applicable
percentage under subsection (b) which applies with
respect to the amount treated as contributions to
qualified tuition programs, adjusted gross income
(determined without regard to this subparagraph) shall
be increased by the excess (if any) of--
``(i) the social security benefits received
during the taxable year (within the meaning of
section 86), over
``(ii) the amount included in gross income
for such year under section 86.''.
(c) Conforming Amendments.--
(1) Section 25B of the Internal Revenue Code of 1986 is
amended by striking ``qualified retirement savings'' each place
it appears and inserting ``qualified savings''.
(2) The heading of subsection (d) of section 25B of such
Code is amended by striking ``Retirement''.
(3) Subparagraph (A) of section 25B(d)(3) of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``paragraph (1)'' the first place
it appears and inserting ``paragraph (1) or (2)'', and
(B) by striking ``paragraph (1)'' the second place
it appears and inserting ``paragraph (1), or (2), as
the case may be,''.
(4) The heading for section 25B of such Code is amended by
striking ``and ira contributions'' and inserting ``, ira
contributions, and qualified tuition program contributions''.
(5) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25B and inserting the following
new item:
``Sec. 25B. Elective deferrals, IRA contributions, and qualified
tuition program contributions by certain
individuals.''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2014, in taxable years
ending after such date.
SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO
QUALIFIED TUITION PROGRAMS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 127
the following new section:
``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid by the employer as contributions to a qualified tuition
program held by the employee or spouse of the employee if the
contributions are made pursuant to a program which is described in
subsection (c).
``(b) Maximum Exclusion.--The amount excluded from the gross income
of an employee under this section for the taxable year shall not exceed
$600.
``(c) Qualified Tuition Assistance Program.--For purposes of this
section, a qualified tuition assistance program is a separate written
plan of an employer for the benefit of such employer's employees--
``(1) under which the employer makes matching contributions
to qualified tuition programs of--
``(A) such employees,
``(B) their spouses, or
``(C) any individual with respect to whom such an
employee or spouse--
``(i) is allowed a deduction under section
151, and
``(ii) has the power to authorize
distributions and otherwise administer such
individual's account under the qualified
tuition program, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), (4), (5), and (6) of section 127(b).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified tuition program.--The term `qualified
tuition program' means a qualified tuition program as defined
in section 529(b).
``(2) Employee and employer.--The terms `employee' and
`employer' shall have the meaning given such terms by
paragraphs (2) and (3), respectively, of section 127(c).
``(3) Applicable rules.--Rules similar to the rules of
paragraphs (4), (5), (6), and (7) of section 127(c) shall
apply.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2015, the $600 amount
contained in subsection (b)(1) shall be increased by an amount
equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2014' for `calendar year 1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be
rounded to the nearest multiple of $50.
``(f) Cross Reference.--For reporting and recordkeeping
requirements, see section 6039D.''.
(b) Exclusion From Employment Taxes.--
(1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of
such Code are each amended by inserting ``, 127A'' after
``127'' each place it appears.
(2) Section 3231(e)(6) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1)
of such Code is amended by inserting ``, 127A'' after ``127''.
(d) Other Conforming Amendments.--
(1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such
Code are each amended by inserting ``, 127A'' after ``127''
each place it appears.
(2) Section 132(j)(8) of such Code is amended by striking
``section 127'' and inserting ``section 127 or 127A''.
(3) Section 1397(a)(2)(A) of such Code is amended by
inserting at the end the following new clause:
``(iii) Any amount paid or incurred by an
employer which is excludable from the gross
income of an employee under section 127A, but
only to the extent paid or incurred to a person
not related to the employer.''.
(4) Section 209(a)(15) of the Social Security Act (42
U.S.C. 409(a)(15)) is amended by striking ``or 129'' and
inserting ``, 127A, or 129''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
the item relating to section 127 the following new item:
``Sec. 127A. Employer contributions to qualified tuition programs.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Enhanced 529 - Setting Aside for a Valuable Education Act or the Enhanced 529 - S.A.V.E. Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to a qualified tuition program (529 tuition program); and (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a 529 tuition program. | {"src": "billsum_train", "title": "Enhanced 529 - S.A.V.E. Act"} | 2,163 | 95 | 0.564435 | 1.356655 | 0.770326 | 3.081081 | 25.162162 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Preservation and Portability
Act of 2005''.
SEC. 2. IMPROVEMENTS IN BENEFIT ACCRUAL STANDARDS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Rules relating to reduction in accrued benefits because
of attainment of any age.--Section 204(b)(1)(H) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(H)) is amended by adding at the end the following
new clauses:
``(vii)(I) A plan complies with clause (i) if a participant's
entire accrued benefit, as determined as of any date under the formula
for determining benefits as set forth in the text of the plan
documents, would be equal to or greater than that of any similarly
situated, younger individual.
``(II) For purposes of this clause, an individual is similarly
situated to a participant if such individual is identical to such
participant in every respect (including period of service,
compensation, position, date of hire, work history, and any other
respect) except for age.
``(III) In determining the entire accrued benefit for purposes of
this clause, the subsidized portion of any early retirement benefit
(including any early retirement subsidy that is fully or partially
included or reflected in an employee's opening balance or other
transition benefits) shall be disregarded.
``(viii) A plan shall not be treated as failing to meet the
requirements of this subparagraph solely because the plan provides
allowable offsets against those benefits under the plan which are
attributable to employer contributions, based on benefits which are
provided under title II of the Social Security Act, the Railroad
Retirement Act of 1974, or under any retirement program for officers or
employees of the Federal Government or of the government of any State
or political subdivision thereof. For purposes of this clause,
allowable offsets based on such benefits consist of offsets equal to
all or part of the actual benefit payment amounts, reasonable
projections or estimations of such benefit payment amounts, or
actuarial equivalents of such actual benefit payment amounts,
projections, or estimations (determined on the basis of reasonable
actuarial assumptions).
``(ix) A plan shall not be treated as failing to meet the
requirements of this subparagraph solely because the plan provides a
disparity in contributions or benefits with respect to which the
requirements of section 401(l) of the Internal Revenue Code of 1986 are
met.
``(x)(I) A plan shall not be treated as failing to meet the
requirements of this subparagraph solely because the plan provides for
pre-retirement indexing of accrued benefits under the plan.
``(II) For purposes of this clause, the term `pre-retirement
indexing' means, in connection with an accrued benefit, the periodic
adjustment of the accrued benefit by means of the application of a
recognized index or methodology so as to protect the economic value of
the benefit against inflation prior to distribution.''.
(2) Determinations of accrued benefit as balance of benefit
account.--Section 203 of such Act (29 U.S.C. 1053) is amended
by adding at the end the following new subsection:
``(f)(1) A defined benefit plan under which the accrued benefit
payable under the plan upon distribution (or any portion thereof) is
expressed as the balance of an account maintained for the participant
shall not be treated as failing to meet the requirements of subsection
(a)(2) and section 205(g) solely because of the amount actually made
available for such distribution under the terms of the plan, in any
case in which--
``(A) the applicable interest rate that would be required
to discount the participant's accrued benefit projected under
the terms of the plan to normal retirement age to a present
value equal to the amount actually made available for
distribution under the plan is not greater than
``(B) a market rate of return.
``(2) The Secretary of the Treasury may provide by regulation for
rules governing the calculation of a market rate of return for purposes
of paragraph (1) and for permissible methods of crediting interest to
the account (including variable interest rates) resulting in effective
rates of return meeting the requirements of paragraph (1).''.
(b) Amendments to the Internal Revenue Code of 1986.--
(1) Rules relating to reduction in accrued benefits because
of attainment of any age.--Subparagraph (H) of section
411(b)(1) of the Internal Revenue Code of 1986 (relating to
continued accrual beyond normal retirement age) is amended--
(A) by striking the heading and inserting the
following: ``Rules relating to reduction in accrued
benefits because of attainment of any age.--''; and
(B) by adding at the end the following:
``(vi) Comparison to similarly situated,
younger individuals.--
``(I) In general.--A plan shall not
be treated as failing to meet the
requirements of clause (i) if, as of
any applicable date, a participant's
entire accrued benefit, as determined
under the formula for determining
benefits as set forth in the text of
the plan documents, would be equal to
or greater than that of any similarly
situated, younger individual.
``(II) Similarly situated
individual.--For purposes of this
clause, an individual is similarly
situated to a participant if such
individual is identical to such
participant in every respect (including
period of service, compensation,
position, date of hire, work history,
and any other respect) except for age.
``(III) Subsidized portion of early
retirement benefit disregarded.--In
determining the entire accrued benefit
for purposes of this clause, the
subsidized portion of any early
retirement benefit shall be
disregarded.
``(vii) Allowable offsets.--A plan shall
not be treated as failing to meet the
requirements of this subparagraph solely
because the plan provides allowable offsets
against those benefits under the plan which are
attributable to employer contributions, based
on benefits which are provided--
``(I) under title II of the Social
Security Act, the Railroad Retirement
Act of 1974, or under any retirement
program for officers or employees of
the Federal Government or of the
government of any State or political
subdivision thereof, or
``(II) under another defined
benefit plan which meets the
requirements of this subparagraph or a
defined contribution plan which meets
the requirements of paragraph (2), if
such offset is determined under a
formula which does not provide for the
commencement of, or any increase in,
the offset upon the attainment of any
specified age of the participant.
For purposes of this clause, allowable offsets
based on such benefits consist of offsets equal
to the actual benefit payment amounts,
reasonable projections or estimations of such
benefit payment amounts, or actuarial
equivalents of such actual benefit payment
amounts, projections, or estimations
(determined on the basis of reasonable
actuarial assumptions).
``(viii) Compliance with rules permitting
disparity in plan contributions or benefits.--A
plan shall not be treated as failing to meet
the requirements of this subparagraph solely
because the plan provides a disparity in
contributions or benefits with respect to which
the requirements of section 401(l) are met.
``(ix) Pre-retirement indexing.--
``(I) In general.--A plan shall not
be treated as failing to meet the
requirements of this subparagraph
solely because the plan provides for
pre-retirement indexing of accrued
benefits under the plan.
``(II) Definition.--For purposes of
this clause, the term `pre-retirement
indexing' means, in connection with an
accrued benefit, the periodic
adjustment of the accrued benefit by
means of the application of a
recognized index or methodology so as
to protect the economic value of the
benefit against inflation prior to
distribution.''.
(2) Determinations of accrued benefit as balance of benefit
account.--Subsection (a) of section 411 of such Code (relating
to minimum vesting standards) is amended by adding at the end
the following new paragraph:
``(13) Maintenance of nonforfeitability of benefits
expressed as account balance.--
``(A) In general.--A defined benefit plan under
which the accrued benefit payable under the plan upon
distribution (or any portion thereof) is expressed as
the balance of an account maintained for the
participant shall not be treated as failing to meet the
requirements of paragraph (2) or 417(e) solely because
of the amount actually made available for such
distribution under the terms of the plan, in any case
in which--
``(i) the applicable interest rate that
would be required to discount the participant's
accrued benefit projected under the terms of
the plan to normal retirement age to a present
value equal to the amount actually made
available for distribution under the plan is
not greater than
``(ii) a market rate of return.
``(B) Regulations.--The Secretary may provide by
regulation for rules governing the calculation of a
market rate of return for purposes of subparagraph (A)
and for permissible methods of crediting interest to
the account (including variable interest rates)
resulting in effective rates of return meeting the
requirements of subparagraph (A).''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning before, on, or after the date of the
enactment of this Act. | Pension Preservation and Portability Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require all defined benefit pension plans, including hybrid plans such as a cash balance plan, to comply with certain rules, in cases of reduction in accrued benefits because of attainment of any age, in order to be deemed nondiscriminatory as to age. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to make improvements in benefit accrual standards."} | 2,113 | 88 | 0.49762 | 1.301038 | 0.70004 | 2.465753 | 26.671233 | 0.821918 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Integrity Protection Act of
2006''.
SEC. 2. PROOF OF CITIZENSHIP REQUIRED FOR CASTING BALLOT.
(a) In General.--Section 303 of the Help America Vote Act of 2002
(42 U.S.C. 15483) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Requiring Proof of Citizenship at Polling Place.--
``(1) Individuals voting in person.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not provide a ballot for an election for Federal
office (including a provisional ballot under section 302(a)) to
an individual who desires to vote in person unless the
individual presents to the official a photographic copy of any
document which provides proof that the individual is a citizen
of the United States.
``(2) Individuals voting by mail.--Notwithstanding any
other provision of law, the appropriate State or local election
official may not accept any ballot for an election for Federal
office provided by an individual who votes by mail unless the
individual submits with the ballot a photographic copy of any
document which provides proof that the individual is a citizen
of the United States.
``(3) Exception for individuals with proof of citizenship
on file with election official.--Paragraphs (1) and (2) shall
not apply in the case of an individual who, at the time the
individual applied to register to vote in Federal elections in
the State involved, provided the appropriate State election
official with a photographic copy of a document which provided
proof that the individual is a citizen of the United States.
``(4) Treatment of driver's licenses.--For purposes of this
subsection, a motor vehicle driver's license shall not be
treated as a document which provides proof that the individual
to whom the license is issued is a citizen of the United States
unless the State issuing the license required the individual to
provide proof of the individual's United States citizenship as
a condition of receiving the license.''.
(b) Conforming Amendment.--Section 303 of such Act (42 U.S.C.
15483) is amended in the heading by striking ``for voters who register
by mail'' and inserting ``for preventing voting fraud''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 303 to read as
follows:
``Sec. 303. Computerized statewide voter registration list requirements
and requirements for preventing voting
fraud.''.
(d) Effective Date.--Section 303(e) of such Act (42 U.S.C.
15483(e)), as redesignated by subsection (a)(1), is amended by adding
at the end the following new paragraph:
``(3) Proof of citizenship.--Subsection (c) shall apply
with respect to the regularly scheduled general election for
Federal office held in November 2008 and each succeeding
election for Federal office.''.
SEC. 3. REQUIRING PHOTO IDENTIFICATION.
(a) Requirement.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(A) by redesignating sections 304 and 305 as
sections 305 and 306; and
(B) by inserting after section 303 the following
new section:
``SEC. 304. REQUIRING VOTERS TO PRESENT PHOTO IDENTIFICATION.
``(a) In General.--Notwithstanding section 303(b), each State shall
require any individual who desires to cast a ballot in an election for
Federal office--
``(1) in the case of an individual voting in person, to
present to the appropriate election official a current valid
photo identification which is issued by a governmental entity;
or
``(2) in the case of an individual voting by mail, to
submit with the ballot a copy of a current valid photo
identification which is issued by a governmental entity.
``(b) Making Photo Identifications Available at No Cost for
Purposes of Casting Ballots in Elections.--
``(1) In general.--Each State shall establish a program to
provide photo identifications which may be used to meet the
requirements of subsection (a) by individuals who desire to
vote in elections held in the State but who do not otherwise
possess a government-issued photo identification, at no cost to
the individual.
``(2) Identifications not to be used for other purposes.--
Any photo identification provided under the program established
under paragraph (1) may not serve as a government-issued photo
identification for purposes of any program or function of a
State or local government other than the administration of
elections.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of this section (a) with respect to the regularly
scheduled general election for Federal office held in November 2008 and
each succeeding election for Federal office.''.
(2) Conforming amendments.--
(A) Effect on current requirements.--Section
303(b)(1) of such Act (42 U.S.C. 15483(b)(1)) is
amended by striking ``paragraph (3)'' and inserting
``paragraph (3) and section 304''.
(B) Enforcement.--Section 401 of such Act (42
U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(3) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the items relating to sections
304 and 305 as relating to sections 305 and 306; and
(B) by inserting after the item relating to section
303 the following:
``Sec. 304. Requiring voters to present photo identification.''.
(b) Payments to States To Cover Costs of Making Photo
Identifications Available.--
(1) In general.--Subtitle D of title II of such Act (42
U.S.C. 15321 et seq.) is amended by adding at the end the
following new part:
``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS
``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO
IDENTIFICATIONS FOR VOTING.
``(a) Payments to States.--The Commission shall make payments each
year to reimburse the States for the costs incurred in providing photo
identifications under the program established under section 304(b)(1).
``(b) Amount of Payment.--The amount of the payment made to a State
under this part for any year shall be equal to the amount expended by
the State during the year in carrying out the program established under
section 304(b)(1), as determined on the basis of information furnished
to the Commission by the State at such time and in such form as the
Commission may require.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part such sums as may be necessary for fiscal year 2008 and each
succeeding fiscal year.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the item relating to
subtitle D of title II the following:
``Part 7--Payments To Cover Costs of Providing Photo Identifications
``Sec. 297. Payments to cover costs to States of providing photo
identifications for voting.
``Sec. 297A. Authorization of appropriations.''.
SEC. 4. WITHHOLDING OF HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Requirements for preventing voting fraud
``(a) Withholding of Apportionments for Noncompliance.--On October
1, 2008, and October 1 of each fiscal year thereafter, if a State does
not meet the requirement of subsection (b), the Secretary shall
withhold from amounts apportioned to the State on that date under each
of paragraphs (1), (3), and (4) of section 104(b) the following
percentage of such amounts:
``(1) For fiscal year 2009, 10 percent.
``(2) For fiscal year 2010, 20 percent.
``(3) For fiscal year 2011, 30 percent.
``(4) For fiscal year 2012, and each fiscal year
thereafter, 40 percent.
``(b) Requirement.--A State meets the requirements of this
subsection if the State has enacted and is enforcing, as determined by
the Election Assistance Commission, a law that complies with the
requirements of sections 303(c) and 304 of the Help America Vote Act of
2002 (42 U.S.C. 15483(c) and 42 U.S.C. 15484).
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--If, within 4 years from the date that an apportionment
for a State is withheld in accordance with this section, the State
meets the requirements of subsection (b), the apportionment of the
State shall be increased by an amount equal to the amount withheld. If,
at the end of such 4-year period, the State does not meet the
requirements of subsection (b), any amounts so withheld from the State
shall lapse.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``167. Requirements for preventing voting fraud.''. | Voter Integrity Protection Act of 2006 - Amends the Help America Vote Act of 2002 to require an individual to present proof of U.S. citizenship and a government-issued photo identification as a condition of casting a ballot in a federal election.
Requires states also to require voters to present photo identification in a federal election.
Requires each state to establish a program to provide free photo identification to eligible voters in elections held in the state who do not otherwise possess a government-issued photo identification.
Directs the Election Assistance Commission to make payments to states to cover costs of making such photo identifications available.
Amends federal highway law to require the withholding of highway funds from any state not in compliance with the requirements of this Act. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require an individual to provide proof that the individual is a citizen of the United States and to present a government-issued photo identification as a condition of casting a ballot in an election for Federal office, and for other purposes."} | 2,269 | 167 | 0.563103 | 1.442922 | 0.908448 | 3.207143 | 13.714286 | 0.935714 |
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